General Terms and Conditions of Sale, effective from 04/11/2023
INTRODUCTION
This information is provided for the website www.hilomilano.com (Site).
Seller’s Information: GM & CO, Via Giacomo Puccini 4 – 20090, Cesano Boscone (Milan), IT11292680961, REA MI – 2592390, info@hilomilano.com, hilo@pec.it (Seller).
Art. 1 Scope of Application
1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The supplements sold on the Site are not intended to be substitutes for a varied and balanced diet and a correct and healthy lifestyle.
1.2 If permitted by the Site, the inclusion of Your tax code when making a purchase implies that You are acting as a Consumer within the meaning of Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree September 6, 2005, n. 206). It is reminded that a Consumer is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity that may be carried out. If instead it is possible to enter the VAT number (Yours or that of a legal person), this implies a purchase as a “Professional,” within the meaning of Article 3, paragraph I, letter c) of the Consumer Code. A Professional is a natural or legal person who acts in the exercise of their own entrepreneurial, commercial, artisanal, or professional activity, or their intermediary. The implications of purchasing as a Consumer rather than a Professional will be described further in this document.
1.3 The terms indicated are to be understood as working days, therefore excluding Saturday, Sunday, and national holidays. The images and descriptions on the Site are to be understood as merely indicative. Colors may differ from the actual ones due to the settings of the computer systems or computers used by You for their display.
1.4 These General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult, before making any purchase, the most updated version of the General Terms and Conditions of Sale.
1.5 The applicable General Terms and Conditions of Sale are those in force at the date of the order.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners, or other hyper-textual links.
1.7 Before carrying out commercial transactions with such parties, it is necessary to verify their sales conditions.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.9 The Seller does not carry out any control and/or monitoring on websites accessible through such links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of the law by them.
1.10 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Site, even during the purchase procedure.
1.11 The Seller cannot in any case be held liable towards You or third parties for any indirect, incidental, special, or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or assert: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained in the Site is accurate, complete, and up-to-date.
1.12 Unless otherwise agreed with the Seller, it is not possible to place orders via email on the Site. The Seller does not accept orders by phone, unless otherwise agreed with the customer.
1.13 The entirety of any element of the Site is the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site, it is necessary to follow the procedure on the Site itself, entering the data requested each time. The sales contract is concluded when the order reaches the Seller’s server.
2.2 You undertake to immediately inform the Seller in case You suspect or become aware of any misuse or unauthorized disclosure of any information entered by You on the Site.
2.3 You warrant that the personal information provided is complete and truthful and undertake to indemnify and hold harmless the Seller from any damage, compensation obligation, and/or sanction arising from or in any way connected to the violation of this commitment. You undertake to immediately inform the Seller in case You suspect or become aware of any misuse or unauthorized disclosure of access credentials to the Site.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any regulatory provision.
2.5 To place orders on the Site, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Site.
2.6 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the party to whom the user directs their order, in order to accept the offer and conclude the sales contract; (ii) the party assuming the pre-contractual obligations towards the user arising from the offer; (iii) the party that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.
2.7 Adult Products are sold on the Site. For the purchase of this category of Products, You warrant to be of legal age. Therefore, You undertake to indemnify the Seller from any liability for the purchase of these Products.
2.8 The Seller does not provide any guarantee that the Site is constantly functional and operational. Updates to the CMS platform may indeed result in a temporary suspension of the service. The Seller assumes no responsibility for any kind of prejudice or damage that the user may suffer from this circumstance.
2.9 After the purchase, You will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller’s data; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any additional cost increase; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.
2.10 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.
Art. 3 Product Availability
3.1 The Products offered on the Site are in limited quantity. Therefore, it may happen, also due to the possibility that multiple users simultaneously purchase the same Product, that the ordered Product is no longer available after the transmission of the purchase order.
3.2 Information about the availability of Products is available on the Site. The availability of Products is continuously monitored and updated. However, since the Site can be visited by multiple users simultaneously, it may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may appear, for a short period, available, whereas it is actually sold out or not immediately available, and it may be necessary to wait for restocking.
3.3 You will be informed in case of unavailability of the ordered Product. In this case, You will be entitled to terminate the purchase contract. However, please consider that before requesting the termination of the contract, the Seller reserves the right to implement these measures:
If restocking is possible, a postponement of the delivery terms, offered by the Seller, indicating the new delivery term.
The Seller will offer a discount voucher to be spent for purchases on the Site. The amount of the discount voucher, the deadline by which it can be used, and any limitations will be communicated from time to time by the Seller.
3.4 If a refund is requested for the payment made for the purchase of Products that have later turned out to be unavailable, the Seller will refund the amount within a maximum period of 15 days.
3.5 In the event that You exercise the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the “Payment Methods” article below.
Art. 4 Prices
4.1 Prices on the Site are exclusive of VAT as it is not applicable.
4.2 Additionally, prices on the Site do not include the WEEE (Waste Electrical and Electronic Equipment) contribution as the Products sold are not subject to the related regulation.
4.3 The Seller reserves the right to change the price of Products at any time, without notice, provided that the price charged to You will be the one indicated on the Site at the time of placing the order and that any subsequent variations (increase or decrease) will not be taken into account after the transmission of the order.
4.4 Shipping costs for Products are at Your expense for orders below or equal to a specific amount (as indicated on the Site from time to time): for higher amounts, shipping is free.
4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or the credited Total Amount Due. Ownership of the Products will be transferred to You at the time of shipment, understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, due to reasons not attributable to the Seller, will instead be transferred to You when You, or a third party designated by You and different from the carrier, physically take possession of the Products.
4.6 The purchase contract is conditionally terminated if the Total Amount Due is not paid. Unless otherwise agreed in writing with You, the order will consequently be canceled.
4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct price to the customer even after the conclusion of the purchase order. In this scenario, the customer has the option to accept the new price or to terminate the purchase contract. The Seller may also cancel the purchase contract for the Product in these cases.
Art. 5 Payment Methods
5.1 This article describes the payment methods available on the Site. The user can find more information by accessing the “Payments” section on the Site. The user can access this section directly from the footer of the Site.
5.2 On the Site, You can make purchases using payment cards. The charge will be made only after (i) the data of Your payment card used for payment has been verified, and (ii) the issuing company of the payment card You used has authorized the charge. In accordance with Directive 2015/2366/EU on payment services in the internal market (PSD2), You are informed that You may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user’s identity (to meet this criterion, the user must be registered on the Site at the time of purchase) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above-described process may result in the inability to finalize the purchase on the Site. The confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. Therefore, the Seller never has access to, nor does it store, even if You choose to store such data on the Site, the data of Your payment card used for purchasing the Products. The accepted payment cards can be viewed in the footer of the Site and/or within the purchasing process.
- Visa.
- MasterCard.
5.3 Payment via bank transfer is not possible on the Site.
5.4 Cash on delivery payment method is not available on the Site, unless otherwise agreed with the Seller.
5.5 If the value of the discount code is less than that of the order, the remaining sum can be completed using the payment methods provided on the Site. Each discount code can be used for a single purchase. In no case can discount vouchers be converted into cash.
5.6 Any alternative methods different from those indicated above will be described in this article.
On the Site, purchases can also be made using the PayPal payment solution. If You choose PayPal as the payment method, You will be redirected to the website www.paypal.com, where You will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between You and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller is not able to know and does not store in any way the data of the payment card linked to Your PayPal account or the data of any other payment instrument connected to such account.
5.7 In accordance with Legislative Decree No. 26 of March 7, 2023, the prices published on the Site have not been personalized based on automated decisions. Therefore, the prices displayed on the Site are not influenced by the consumer’s previous behavior.
5.8 In the event of a price reduction, the Site indicates the lowest price applied to the general public in the 30 days prior to the application of the price reduction. For Products that have been on the market for less than 30 days, the period to which the previous price refers is indicated. This clause does not apply to “launch prices,” characterized by subsequent price increases.
Art. 6 Product Delivery
6.1 Product delivery is provided in: Europe. You can always contact the Seller for more information about the delivery of Products; for example, to find out if delivery is possibly expected in countries other than those indicated on the Site.
6.2 The obligation to deliver is fulfilled by transferring to You the material availability or control of the Product.
6.3 Product delivery time from order dispatch: 20 days.
6.4 The term indicated in Art. 6.3 is to be understood as indicative and not peremptory. Therefore, the Seller reserves the right to deliver the Products within 30 days from the order dispatch. It is Your responsibility to check the conditions of the delivered Product. Notwithstanding that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when You, or a third party designated by You and different from the carrier, physically take possession of the Product, the Seller recommends that You check the number of Products received and that the packaging is intact, not damaged, wet, or otherwise altered, even in the closure materials, and it is recommended, in Your interest, to note any anomalies on the carrier’s transport document, accepting the package with reservations. In case the package shows obvious signs of tampering or alteration, it is advisable to promptly inform the Seller.
6.5 Regarding the possibility of requesting delivery of Products to a “pick-up point,” the Seller informs You that the Site does not offer the option to pick up the Product at a “pick-up point” different from the address You provided during the purchase process. However, You are invited to regularly access the Site to check if this delivery option is subsequently made available on the Site.
6.6 You acknowledge that picking up the Product is Your specific obligation. In case of failure to pick up the Product, the Seller reserves the right to terminate the purchase contract and to claim compensation for any damages suffered due to the failure to pick up the Product.
Art. 7 Right of Withdrawal
7.1 The user is invited to carefully review this article, which regulates the right of withdrawal.
7.2 The right of withdrawal is the Consumer’s right to terminate the purchase contract without being obliged to provide a reason. If You have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set forth in this article 7. If there are no exceptions to the right of withdrawal, this article 7 is fully applicable.
Products sold on the Site are sealed goods that are not suitable to be returned for reasons of hygiene or health protection. If these Goods have been opened after delivery, You lose the right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.
7.3 If You are a Consumer (and unless exceptions provided in this article apply), You have the right to withdraw from the purchase contract of the Product without providing any reason and without incurring costs other than those provided in this article within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, You must inform the Seller, before the end of the Withdrawal Period, of Your decision to withdraw. For this purpose, You can write to the Seller at the contact details provided in the Introduction, or use the contact form possibly available on the Site. You have exercised Your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by You before the end of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as well as the responsibility for their transport. In case of exercise of the right of withdrawal, the Product must be delivered to the Seller’s headquarters, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:
- in the case of an order relating to a single Product, from the day on which You or a third party, other than the carrier and designated by You, physically acquires possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which You or a third party, other than the carrier and designated by You, physically acquires possession of the last Product; or
- in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which You or a third party, other than the carrier and designated by You, physically acquires possession of the last lot or piece.
7.4 If withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. In case the Products have been shipped using a carrier chosen by the Consumer and at the Consumer’s expense, the Seller may suspend the refund until the Products are received or until the Consumer demonstrates that the Products have been returned, if earlier. The Consumer is solely responsible for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must still be kept, handled, and inspected with normal diligence and returned intact, complete in every part, perfectly functional, with all accessories and instruction sheets, with the identifying tags, labels, and disposable seal, if present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the intended use and free from signs of wear or dirt. Withdrawal, moreover, applies to the Product in its entirety. Therefore, it cannot be exercised in relation to parts and/or accessories of the Product. If the Product for which withdrawal has been exercised has suffered a decrease in value resulting from handling the goods other than what is necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will notify this circumstance and the consequent reduced refund amount, providing, in case the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. If withdrawal has not been exercised in accordance with the applicable law, it will not result in the termination of the contract and, consequently, will not entitle You to any refund.
If the right of withdrawal exists, the Products must be returned to the address indicated in the “Seller’s Data” section in the Introduction or to the address communicated by the Seller from time to time.
7.5 This article regulates a very important area concerning the return costs in case of withdrawal.
In light of the above, the Seller deems it appropriate to highlight to You that the return costs of the Product will be at Your expense and under Your responsibility.
Art. 8 Legal Warranty of Conformity
8.1 The Legal Warranty of Conformity is reserved for the Consumer. Therefore, it applies only to users who have made purchases on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out.
8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that occurs within two years from its delivery. The action to assert defects not fraudulently concealed by the Seller is prescribed, in any case, within twenty-six months from the delivery of the goods.
8.3 Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within twelve months from the delivery of the Product already existed at that time, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. From the twelfth month following the delivery of the Product, it will be the Consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery.
8.4 In case of a lack of conformity of the goods, the Consumer is entitled to the restoration of conformity, or to receive a proportional price reduction, or to terminate the contract based on the conditions established by Art. 135-bis and following of the Consumer Code.
8.5 The Seller is not liable for damages of any kind resulting from improper use of the Product and/or not compliant with the instructions provided by the manufacturer, as well as for damages resulting from force majeure or unforeseeable circumstances.
8.6 If You have made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal warranty is governed by Arts. 1490 and following of the Civil Code; in particular, the deadline to report any defects is 8 days from discovery, and the action is prescribed within 1 year from delivery.
Art. 9 Manufacturer’s Warranty
The Manufacturer’s Warranty is an additional warranty in addition to any Legal Warranty of Conformity provided by the Seller for the Products. Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can enforce this warranty only against the manufacturer. The duration, scope, including territorial scope, conditions and methods of use, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, or affect the Legal Warranty in any way.
Art. 10 Applicable Law and Competent Court; Out-of-Court Dispute Resolution – Alternative Dispute Resolution/Online Dispute Resolution
10.1 Contracts concluded through the Site are governed by what is indicated in these General Terms and Conditions of Sale and, to the extent not provided, by the Italian Consumer Code.
10.2 It is recalled that in the case of a Consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a Professional user, for any dispute relating to the application, execution, and interpretation of this document, the competent court is instead the court where the Seller has its registered office as provided in the Introduction.
10.3 The Seller informs the user who is a Consumer that, in the event that they have lodged a complaint directly with the Seller, following which it has not been possible to resolve the resulting dispute, the Seller will provide information regarding the Alternative Dispute Resolution bodies for out-of-court resolution of disputes relating to obligations arising from a contract concluded based on these General Terms and Conditions of Sale (ADR bodies), specifying whether it intends to use these bodies to resolve the dispute or not.
10.4 The Seller also informs the user who is a Consumer that a European platform for online dispute resolution for consumer disputes (the so-called ODR platform) has been established. The ODR platform is accessible at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user can consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which they are involved.
10.5 The right of the Consumer user to resort to the competent ordinary judge of the dispute arising from these General Terms and Conditions of Sale, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relationships using the procedures referred to in Part V, Title II-bis of the Consumer Code, is reserved in any case.
The user residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for low-value disputes, by Regulation (EC) No. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and costs, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.
Art. 11 Customer Service
11.1 You can request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details provided in the Introduction, or by using the contact form possibly available on the Site.
11.2 The Seller responds within an indicative time of 3 days.
Art. 12 Reviews
12.1 In accordance with the provisions of Legislative Decree No. 26 of 7 March 2023, the Site allows the publication of reviews by users. The Seller guarantees that the published reviews come from consumers who have actually purchased or used the Product. This is because the user receives an email after purchasing on the Site containing a request to publish their review on the Site. Therefore, since the email is received only after the purchase, it is reasonable to believe that the review is related to a real purchasing experience on the Site by the user. Among the reviews published on the Site, some may have been solicited, for example, by sending a discount coupon. In this case, this circumstance is duly indicated on the solicited review. In addition, reviews originating from sponsorships or relationships with a professional (e.g., influencer) may be published; this circumstance is also duly informed on the respective review.
12.2 The tool for publishing reviews is developed internally by the Seller and does not rely on an external service. For more information on the functioning of the tool, you can contact the Seller at the contact details indicated in Article 1.
Art. 13 Miscellaneous
13.1 This document fully governs the relationship between You and the Seller. However, the rights and obligations provided by the law applicable from time to time are always reserved.
Art. 14 Choice of Law and Jurisdiction
These Terms and Conditions are governed by the laws of Italy. Any dispute relating to these Terms and Conditions will be subject to the jurisdiction of the courts of Italy. If any part or provision of these Terms and Conditions is deemed by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision shall be modified, eliminated, and/or applied to the maximum extent permitted to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
Art. 15 Contact Information
This website is owned and operated by GM & CO.
You can contact us regarding these Terms and Conditions through our contact us page.