Terms and conditions
Welcome to hiro.design. Users are invited to read the following general conditions carefully, as they contain important information for the proper use of the platform.
They constitute a binding contract between users and the platform operator.
DEFINITIONS
The following definitions may be used interchangeably in the singular or plural. Terms denoting one gender include the other gender.
“Account” a set of data that allows the User, following registration, to use the tools and features integrated into the Platform.
“Buyer” “User” or “Customer” the person who purchases one or more Design Objects through the Portal.
“General Conditions”, “Contract” or “Terms of Use” this contract in force between the Platform Operator and Users governing the use of the Site and the purchase of Goods.
“Designer” the person who created the design for the Products offered for sale on the Portal;
“Hiro”, “Operator” or “Company” Hiro S.r.l., with registered office at Via dell’Artigianato 6/8, 37030 Badia Calavena (VR) - VAT No./Tax Code: IT04470670235 - REA VR423099 - Share capital EUR 50,000 - owner and operator of the Site.
“Design Object”, “Good” or “Product” furniture and design objects published in the electronic catalogs available on the Platform.
“Party” or “Parties” the Company and the Buyer, understood separately or jointly.
“Purchase Price” the amount paid by the Buyer to the Operator for each Product purchased.
“Payment Services Provider” or “Provider” a third-party company that provides online payment services.
“Rating” a rating system that allows Buyers to assign the Designer a score corresponding to their level of satisfaction with the purchased Good.
“Services” the use of the Platform and the features described in the Contract.
“Site”, “Platform” or “Portal” the website www.hiro.design
“Visitor” the person who accesses and browses the Site without creating an Account or making a purchase.
PREAMBLE
a) The website www.hiro.design is a marketplace that facilitates the meeting of supply and demand for Design Objects, allowing Customers to purchase the Products advertised on the Platform.
b) The software systems responsible for operating the Portal will, at the Customers’ request, forward purchase orders to the Operator.
c) Acceptance of the Agreement electronically will result in the conclusion of a distance sale of movable goods effective between the Operator and the Buyer.
d) The recitals form an integral part of this Agreement. Terms expressed in the singular may also include the plural; terms denoting one gender may include the other gender.
1. SUBJECT MATTER
1.1 These General Terms and Conditions govern the use of the Site and the distance selling of the Products published on it. The Company provides Customers with a digital platform that enables them to search for, select, and purchase design Objects electronically.
1.2 The Buyer may:
a) search for and select the design Objects they intend to purchase, adding them to the virtual cart;
b) proceed to checkout, pay for the Product using the methods described in the Agreement, and complete the purchase order.
c) register a personal account and view the history of purchases made on the Portal.
1.3 The Portal includes a section dedicated to frequently asked questions to help Buyers navigate the use of the Platform and Services.
2. ACCESS TO AND USE OF THE SITE
2.1 Simple access to the Site by the Visitor is free of charge and does not require registration. By creating an Account, the User confirms that they are 18 years of age or older and have read and understood this Agreement by checking the appropriate box and pressing the virtual acceptance button.
2.2 During registration, the following personal data will be requested: first name, last name, email address, and, if applicable, VAT number. This communication is necessary for contractual purposes and must contain truthful, accurate, and up-to-date data. Before completing registration, the User must choose a username and an authentication password that meets certain minimum security criteria required by the Company. The password is strictly personal and non-transferable. In the event of theft or loss, the Customer must change it or promptly request its deactivation from the Company.
3. PURCHASE OF GOODS AND PAYMENT METHODS
3.1 The Platform allows the Buyer to access a virtual catalog of Products and select those they intend to purchase.
3.2 The Customer may customize the search for Design Objects by setting a series of search parameters. These criteria make it possible to identify Products based on the selected characteristics, including, by way of example and without limitation, the type and price range.
3.3 Once the Goods has been selected, the Customer may view the product page containing the characteristics of the Goods.
3.4 Registering an Account is not necessary to complete the purchase of the Goods, as the Customer may purchase as a simple Visitor. Nevertheless, registering an Account will allow the Buyer, especially in the case of recurring purchases, to complete transactions more quickly, keep the receipt address separate from the shipping address, save their personal details and delivery address, and avoid re-entering them for each new transaction.
3.5 If the Customer already has an Account, they may log in and confirm their intention to proceed with the purchase using the virtual confirmation button. The Customer will be redirected to the payment page, where they can complete the order by proceeding directly with payment. Before the transaction is completed and payment is made, it will always be possible to modify the entered data.
3.6 The purchase will be made electronically by selecting the checkbox accepting the General Terms and Conditions and pressing the virtual payment button, by which the Customer will confirm their intention to enter into a purchase contract with the Operator. Once the Seller receives the order and, subject to verification that the payment has been successfully completed, they will send the Buyer a confirmation message by email containing the order summary and instruct the shipping company to deliver the ordered Goods. The Customer may view the history of purchases made on the Portal at any time.
3.7 The User agrees to enter into the Contract only after having read and fully understood these General Terms and Conditions. Both when making a purchase and when registering, the Customer shall be responsible for providing truthful, up-to-date and accurate personal data. The User may print or otherwise save these General Terms and Conditions on a durable medium, pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003. The General Terms and Conditions of purchase will be archived by the Operator on the platform server and may be accessed at any time through the relevant link on the homepage.
3.8 The Buyer will have several payment methods available, including PayPal, credit card and bank transfer. If the User decides to pay the amount due by credit card, they authorize the Manager to charge, or request authorization to charge, the payment card used. Payments made through the Site are processed by “UniCredit Banca”, the customer's bank through the “MyBank” service, or PayPal Europe, depending on the payment method selected.
3.9 Use of the payment systems indicated may require registration of an account with external providers that manage the payment services. Creating an account implies acceptance of their terms of service. The User acknowledges and accepts that, when purchasing a Product, they must provide their payment details to the external provider that manages the payment services. The Manager does not access payment details.
3.10 Customers will have the opportunity to leave a review by assigning a score to the purchased Product. The comments and reviews left by the Buyer will be public and visible to any Visitor. The score is assigned following a brief questionnaire, which the Customer may choose whether or not to complete. The Customer undertakes to leave comments free of offensive, inappropriate, vulgar or defamatory content. The Manager reserves the right, at its own discretion or following a report, to assess the reviews submitted and their compliance with this paragraph, legal provisions or public decency, reserving the right to remove any reviews that distort competition, are manifestly false or otherwise inappropriate, including any self-reviews.
4. DELIVERY, INSPECTION OBLIGATION, NOTIFICATION OF DEFECTS AND RETURNS
4.1 The Company shall ship the purchased Products, by courier or postal service, to the address indicated in the order form. The estimated delivery date will be indicated when the Contract is concluded and confirmed in the order summary e-mail. The shipping date and costs may vary depending on the place and type of delivery and the characteristics of the Products.
4.2 Delivery costs shall be borne by the Customer. The purchase receipt or commercial invoice will be sent in advance by e-mail, downloadable from the Customer's personal area on the website, and subsequently delivered by post or courier.
4.3 Upon delivery, the Buyer must verify that the Product conforms to the order placed. Any damage to the packaging or anomalies must be reported at the time of delivery by adding the wording “accepted with reservation” to the transport document and providing a brief description of the reason for such reservation. If the Buyer is absent during delivery of the Product, a notice will be left with the information necessary to contact the carrier and arrange a second delivery. It is understood that, in the event of failed delivery due to the Buyer’s absence, the Buyer shall be responsible for contacting the courier or postal service to arrange a delivery time or collection from the warehouse where the Item will be held in storage. Failure by the Buyer to request a new delivery will result in termination of this Contract, with the Customer entitled to receive a refund of the amount paid, without prejudice to storage and return costs and any other costs incurred by the Seller as a result of the failed delivery due to the Customer’s absence or refusal to accept the Item.
5. RIGHT OF WITHDRAWAL, REFUND AND RETURN OF THE PRODUCTS
5.1 The Buyer is informed that, in accordance with Article 52 et seq. of Legislative Decree No. 206/2005, as amended (hereinafter also the “Consumer Code”), they have the right to withdraw from the purchase, without any penalty and without stating the reason, within 14 (fourteen) days from the date on which they take possession of the Product or, in the case of the simultaneous purchase of multiple Products, from the day on which they take possession of the last Product purchased. The right of withdrawal may be exercised by sending the relevant notice by registered letter with acknowledgment of receipt or by e-mail to the following address: shop@hiro.design or by contacting us through our contact form In the event that the User uses ordinary e-mail, for the notice to be considered successfully delivered, the Manager must confirm receipt. The User may use the standard withdrawal form attached and downloadable from this link.
The customer can also access their account CLICK HERE TO ACCESS and enter their email address to receive a 6-digit verification code with which they can log in. They must then select the order and the items they wish to return, specifying the reason for the return.
5.2 In the event of withdrawal, the Buyer must return the Goods intact, with the original packaging, and indicate in the request the name of the Product that was purchased. The Buyer will be responsible for any reduction in the value of the Goods resulting from handling the Goods other than what is necessary to establish their nature, characteristics, and functioning. The direct costs of return will be borne by the Customer. If requested by the Customer, the Operator will appoint its own courier to collect the Goods from the Customer's address. Following withdrawal, all payments made by the Buyer to Hiro will be refunded using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. The refund may be withheld until the Goods have been received or until the Buyer has demonstrated that the Goods have been sent back, whichever is earlier. The Goods must in any event be returned no later than 14 (fourteen) days from the date on which the withdrawal is communicated to the following address: Hiro S.r.l., Via dell’artigianato 6/8, 37030 Badia Calavena, VR
5.3 The right of withdrawal is excluded for the supply of Goods made to measure or clearly personalized. It does not apply to the purchase of Goods whose cost is less than or equal to €50 (fifty/00). The Buyer will nevertheless be informed before the order is concluded if a particular purchase does not provide for the right of withdrawal. The Buyer will retain the possibility of exercising the right of withdrawal in the case of several Goods purchased at the same time, if the total amount that the Customer must pay, regardless of the price of the individual Goods, exceeds €50.
5.4 The right of withdrawal is expressly excluded if the Purchaser does not qualify as a consumer under the Consumer Code.
6. LEGAL WARRANTY
6.1 A Purchaser who qualifies as a consumer under Legislative Decree no. 206 of 6 September 2005, as amended, or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, may benefit from the 2-year legal warranty for lack of conformity in the Products, starting from the delivery date. Any lack of conformity must be reported no later than 2 months after its discovery.
6.2 A Customer who does not qualify as a consumer under Legislative Decree no. 206 of 6 September 2005, as amended, or Directive 2011/83/EU, must report any defects in the Product no later than 8 days after delivery. In any event, the claim shall become time-barred one year after delivery.
6.3 The Purchaser undertakes to ship the goods in their original packaging, complete with all accessories, the delivery document, and a detailed description of the defects. Shipping costs shall be borne by the Company, which may arrange with the Purchaser to collect the Product from the latter's home or residence. As soon as it has received the Product, the Company shall take possession of the defective Product to verify whether or not the malfunction results from a lack of conformity.
6.4 Only if the malfunction or the Goods' failure to conform to the use stated by the Company does not result from a lack of conformity, Hiro may request reimbursement from the Purchaser for shipping expenses and the inspection cost, which in any event may not exceed 50 euros.
6.5 The request to invoke the warranty must be submitted in writing by email using the address shop@hiro.design or by registered mail with return receipt, to the following address: Hiro S.r.l., Via dell’artigianato 6/8, 37030 Badia Calavena, VR
If the User uses regular email, the Manager must confirm receipt for the communication to be considered successfully delivered.
6.6 The warranty excludes defects due to the ordinary and normal wear and tear of the Goods, as well as defects or damage caused by improper or incorrect use of the Product and, in any event, attributable to external circumstances beyond the Manager's control. Likewise, the warranty does not cover components subject to wear and tear.
6.7 The design items sold on the Marketplace are produced in small batches through a combination of industrial, artisanal, and semi-artisanal production methods. Any minor imperfections are not to be considered defects but rather characteristics that make each Product unique and authentic.
7. LIMITATION OF LIABILITY AND EXCLUSION OF FURTHER WARRANTIES
7.1 Without prejudice to the provisions of mandatory law, Hiro expressly excludes any liability for delays or failure to deliver the Goods due to causes not directly attributable to Hiro, such as force majeure, unforeseeable events, or actions attributable to the Customer or third parties. Without prejudice to the liability applicable in the event of a Product defect, the Company disclaims, to the maximum extent permitted by law, any liability for damage to property or persons caused by use of the Products that does not comply with the instructions and warnings provided by the Operator.
7.2 The Company cannot guarantee the uninterrupted operation of the Platform or the absence of malfunctions of any kind, nor that it will be able to correct all defects or malfunctions that may occur during its use. However, although it cannot guarantee the absence of defects or software malfunctions that could cause delays, interruptions, or suspension of the Services, the Company will make every reasonable effort to intervene without undue delay in order to restore the Platform's full functionality. In particular, access to the Site and the Services may be temporarily interrupted for maintenance. In the event of scheduled maintenance, the Company undertakes to publish advance notice directly on the Site, indicating the time window during which the work will be carried out.
7.3 The Site may contain backlinks and hyperlinks leading to third-party websites. The Customer is aware of and assumes all risks arising from the use of links that may redirect them to external websites over which the Operator has no control. The latter disclaims any liability regarding the accuracy and type of content found on such websites.
8. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS AND THE PLATFORM'S FUNCTIONALITIES
The Operator reserves the right to amend the General Terms and Conditions at any time for technical or commercial reasons. Any amendments will be communicated by publishing a notice on the Site's home page and will not affect orders already concluded, but will apply only to subsequent transactions. Regardless of whether the Customer receives such notice, it is the Customer's specific duty to regularly check the date of the latest update indicated at the bottom of the Contract. Once notice has been given in the manner described above, the Customer will be required to comply with the new General Terms and Conditions or, if they do not intend to accept the amendments, to immediately cease using the Site. The Customer will in any event be able to view previous versions of the General Terms and Conditions, which will be made available upon request.
9. OWNERSHIP OF CONTENT
All content made available by the Company through the Website, including trademarks, distinctive signs, expressions, texts, domain names, and software systems used in connection with the Website and the Services, is the exclusive property of the Operator and any predecessors in title. Unless otherwise provided by mandatory provisions of law, modifying, altering, distributing, disseminating, or copying the content that the Company makes available on the Website without its authorization is prohibited. Any unauthorized use constitutes a serious violation of the laws protecting the copyright and intellectual property rights of the Operator and will be prosecuted in accordance with the law.
10. COMMUNICATIONS
10.1 The Operator may send technical communications concerning the operation of the Website, including messages, communications, announcements, and notifications regarding the latest news about the Services.
10.2 Users may contact the Company to request information or report any technical problems with orders or the operation of the Platform by sending a message to the following email address: shop@hiro.design.
11. APPLICABLE LAW AND JURISDICTION
11.1 This Agreement is governed by Italian law, excluding the Vienna Convention on the International Sale of Goods. The Court of Verona shall have exclusive jurisdiction over any dispute relating to this Agreement.
11.2 If the Buyer qualifies as a consumer under the Consumer Code, they may choose to bring proceedings before the court of their place of residence.
11.3 In accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, we provide the link to the European online dispute resolution platform: ec.europa.eu/consumers/odr/
12.TRADEMARK OWNERSHIP AND AUTHORIZED DISTRIBUTION
"Hiro" is a registered trademark exclusively owned by Hiro S.r.l.
Hiro S.r.l. is the sole entity authorized to sell and distribute products bearing the "Hiro" trademark. Any use, reproduction, distribution, or sale of the trademark and products without the prior written authorization of Hiro S.r.l. is prohibited.
Any unauthorized use or distribution will be prosecuted in accordance with the law.