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TERMS & CONDITIONS

TERMS & CONDITIONS

 

General sales conditions

Foreword

The company snd s.r.l. (tax identification number 01903590436), with registered office in Civitanova Marche (mc), via Enzo Ferrari, 34/A (hereinafter snd), produces and distributes footwear in Italy,Europe and rest of the world (hereinafter Products) through the e-commerce portal that can be reached from the URL www.hyusto.com (hereinafter the "website").
These general sales conditions (hereinafter general conditions) regulate the conclusion of a service contract in which snd commits to sell the product. The contract is understood as concluded at distance through the website, under the article 45 et seq. of the legislative decree of 6th september 2005, no 206 ("consumer code") in case of consumers, as defined by the consumer code (natural persons who, in relation to the purchase of products, act for purposes that are unrelated to the entrepreneurial, commercial, professional or artisanal activities they may carry out), or, alternatively, regulate a sales contract under article 1470 et seq. of the civil code, in case of purchases made by non-consumers.
The clauses of these conditions that refer to consumers shall only apply to the latter, in particular the rules contained in article 49 et seq. of the consumer code, in addition to protections conferred by the same code or by other legal provisions in force.
Such purchases are reserved to the website users, either consumers or non-consumers, aged 18 or over, who have legal capacity to conclude a sales contract and are willing to use the services for product sales (hereinafter “customer”).
The customer is required to gather information on, and read these general conditions, before completing a purchase on the website. such information is to be considered read, understood, and accepted entirely by the customer upon sending the purchase proposal.
The customer is therefore required to comply with these general conditions and consider snd exempted from any condition different from the ones in force, if such conditions have not been previously agreed upon in writing.


Purchase proposal and conclusion of the contract

The object of the contract is the sale of products.
The publication of products on the website is an invitation for users to submit a proposal for the supply of product. The purchase proposal entails the following procedure, but it is not an offer to the public under art. 1336 c.c.; it is the exclusive discretion of snd to accept or refuse the purchase proposal submitted by the customer.
To make a purchase proposal (or “purchase order”, or “order”), the customer is required to register on the website by filling in an electronic format and sending his/her personal data, guaranteeing their authenticity and availability. the data provided shall be treated in compliance with the law governing privacy, which can be consulted by clicking here.
The credentials of the account created are confidential, are to be kept by the customer and shall not be disclosed to third parties.
Ones Registered, a confirmation email will be sent to the email address provided.


Purchase procedure

After creating an account, the customer may submit a purchase proposal by following the procedure and so choosing from the website one or more products that is willing to buy clicking on it and inserting it into the so-called “virtual cart”. It shall always be possible to view the content of the so-called “virtual cart” before submitting the purchase proposal.

To send the purchase proposal, the customer must click on “complete order”. From that moment, the purchase proposal can no longer be modified. By sending the purchase proposal to the seller, the customer acknowledges and declares he/she has read the general conditions in force upon sending the proposal, and accepts their content entirely, in addition to committing to pay the amount due.  
The purchase order submitted shall be filed in the snd database for the time needed to fulfil the orders.
The customer will receive - upon performance of the contract - a written confirmation by e-mail of the product ordered, the amount to paid, with the detail of the product price, duties and shipping costs (to be paid by the customer), as well as the time limit and methods for returning the goods and the contact details for possible complaints or information on the existing commercial guarantees.
The acceptance of the purchase proposal is the discretion of snd. snd shall inform the customer directly in case it cannot accept the purchase proposal.


Failure to accept the purchase order

Failure to accept the order does not entail any liability for snd. in case snd does not accept the purchase proposal, the company shall refund the customer with the amounts already paid, at the latest within 30 days of submitting the purchase proposal. Refunds will be made with the same method of payment used for the purchase.

Snd reserves the right not to accept purchase proposals that entail delivering products outside the territory of the italian republic.
In any case, the contract will not be valid, even though it was performed, until snd has full access to the amount of money the customer is required to pay for the purchase proposal.

Unavailability of Products

 

The Products, as indicated on the website, can be purchased while stock last. The Products are subject to the availability of the moment.
Snd reserves the right to change, at any time the limits to the quantity and or type of goods that can be purchased from the website. Snd constantly updates its databases of Products; nonetheless, it may occur that a Product is displayed as available, but in fact, it is not. In that case, the customer will be informed expeditiously of the unavailability of the product, and the amounts paid will be re-credited as swiftly as possible, and in any case within 30 days of sending the purchase proposal. Refunds will be made with the same method of payment used for the purchase.
In case the customer orders more than one product and even a part of them is not available, Snd will inform the customer as quickly as possible and in any case within 30 days of acceptance of the purchase proposal, with the aim to check the acceptance of a partial order.
If snd does not manage to contact the customer, the order will be cancelled.
In any case, any amount of money paid in excess will be re-credited as swiftly as possible, and in any case within 30 days of sending the purchase proposal. Refunds will be made with the same method of payment used for the purchase.


Product prices, shipping costs, and other expenses

The prices of products, published on the website, are in euros (€) and include vat, but do not include taxes, duties and any other taxes applicable in the country of destination of the products, and that shall be charged to the customer, unless otherwise stated.  
Snd is free to modify at any time the prices of products published on the website. However, price changes will not be applicable to customers who have already sent the purchase proposal for those products.
The total amount to be paid by the customer, including the price for the product, shipping costs, delivery or postal costs, taxes or other charges related to the purchase proposal, will be indicated before the customer forwards the purchase order.
In any case, for particular charges that are not calculated in advance (customs charges, extra-national shipping costs), they will in any case be charged to the consumer.

Snd constantly checks that all prices indicated on the website are correct, though it cannot guarantee that no mistakes will ever be made. In case a mistake is found, concerning the prices of the product, Snd will give the customer the opportunity to reconfirm the purchase for the correct price, or to cancel it. In this case, if the order is cancelled, snd will refund the customer with the amounts already paid, at the latest within 30 days of order cancellation. Refunds will be made with the same method of payment used for the purchase.
If snd does not manage to contact the customer, the order will be cancelled. Snd is not obliged to sell the product at the wrong price if the mistake could have been recognized by the customer using the due diligence.
Snd reserves the right to grant special sales conditions or promotions on products featured on its website. Snd will regulate the conditions applied to promotions from time to time and will inform its customers. unless otherwise stated, these general conditions apply.
For every order placed on the website, snd issues a receipt for the goods shipped, which will be sent to the person who placed the order, under d.p.r. 445/2000 and the legislative decree 52/2004. Snd will use the information provided by the customer upon placing the order to issue the receipt and after the issue of the receipt, no variation in its content will be possible.


Methods of payment

The customer may pay for the products and the related delivery costs by credit card, Paypal, Amazon Pay and Apple pay. The products included in one single order cannot be delivered to different addresses or paid using different payment methods.
To prevent fraud on the internet, payments made through the website by credit cards are managed online by the bank concerned, using the tools offered by the website platform (Strype and Shopify payments). Payments made by Paypal are managed by the company providing the service, and the conditions are indicated on the following web page: https://www.paypal.com/it/webapps/mpp/paypal-safety-and-security.

Payments made by Amazon Pay are managed by the company providing the service, and the conditions are indicated on the following web page: https://pay.amazon.com/help/201754750

Payments made by Apple Pay are managed by the company providing the service, and the conditions are indicated on the following web page: https://support.apple.com/en-us/HT203027



Payment by credit card

All financial information, such as credit card number, date of expiry, etc., are directly managed by the bank, which ensures the security of online transactions. Snd never gets to know the credit card details, and therefore is unable to file or store them in any way.
for this reason, snd delegates to the bank the provision of customer support during the entire payment process.
the transaction shall be debited to the customer’s credit card upon sending the purchase proposal, and in any case, only after checking the credit card data and only after receiving the debiting authorization from the company that issued the customer’s credit card.


Release from liability

Snd is not liable for malfunctions deriving from the transmission system operator.

How the product is transported and delivered

Delivery Terms

 

Counties

Delivery Time

Amount

Italy

3-4 business days

free

Europe A

4-5 business days

free

Europe B

5-7  business days

15 euro

North America

5-7  business days

15 euro

Rest of the world

5-7  business days

25 euro


**

Europe A: Austria, Belgium, Bulgaria, Cipro, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxemburg, Malta, Netherland, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Europe B: Albania, Andorra, Belarus, Bosnia And Herzegovina, Canary Island, Faroe Island, Gibraltar, Guernsey, Iceland, Jersey, Kosovo, Liechtenstein, Moldova, Montenegro, Norway, Republic Of Macedonia, Serbia, Switzerland, Turkey, Ukraine

North America: U.s.a., Canada

Rest of the world: Bahrain, Brunei, China, Greenland, Hong Kong, India, Indonesia, Japan, Kuwait, Malaysia, Philippines, Russia, Singapore, Sri Lanka, Sud Korea, Thailand, United Arab Emirates


Orders are usually processed and shipped within 2-3 business days from the date of processing order. Orders received from Friday to Sunday will be processed on Monday.

Once the shipment of your order is arranged, you will get a mail including the link to track your parcel. If you don’t have any tracking number for your order, please check your spam folder or just get in touch with us at customercare@hyusto.com.

If a parcel is not withdrawn after three attempts to deliver it, any eventual import or shipping fees related to the return of the parcel to our warehouse will be deducted from any eventual refunds.

We can expedite orders for a rush fee, please inquire at: customercare@hyusto.com.


Custom Duties

 

Our shipments are dap (delivery at place), which means that all import duties must be paid by the recipient of the shipment. Import duties are charged once the parcel reaches its destination country. Unfortunately, we have no control over these charges, and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country.

It might be a good idea to contact your local customs office for current charges before you order, so you are not surprised by charges you were not expecting. Please note that customers take full liability for all shipment costs and any eventual customs charges even if they refuse to accept a parcel due to high import duties or taxes.

All purchases will be shipped by a courier chosen by Snd. The products will be delivered in 3-4 working days (from the shipment day) for shipments in Italy, whereas for shipments outside Italy the delivery times vary according to the country of destination.
The products will generally be delivered within 30 days of accepting the purchase order for shipments in Italy, whereas for shipments outside Italy the delivery times vary according to the country of destination.
In case the customer places more than one order for the products, if possible, snd will deliver at once all the available products ordered, charging shipment costs only once. Therefore, a product shipment might be delayed.
As for delivery, the customer may choose his/her home address, work address, or the home address of an individual of his/her choice, in charge of receiving the goods.
For security reasons, no deliveries will be made to p.o. boxes. Orders will be fulfilled and delivered from Monday to Friday, public holidays and national holidays excluded.


Complaints on products

Upon receiving the Products goods from the courier, the customer is required to check:
(i)     that the number of packages delivered is the same as indicated in the transport document;
(ii)    that the packaging is intact, not damaged, wet or altered in any way, even in the sealing materials.
In case of damage to the packaging and/or the product, or lack of correspondence in the number of packages or indications, these must be objected immediately, by writing “with reservation” on the courier’s proof of delivery. After signing the document submitted by the courier, the customer may no longer object the external features of what has been delivered.


Passing of risk to the customer

In case of customer-consumer, in accordance with art. 63 of the consumer code, the risk of loss of, or damage to, the products passes to the customer-consumer, or to any third person the customer has indicated, in the moment in which the latter has acquired physical possession of the goods.
In case of customer-non-consumer, the risk of loss of, or damage to, the products, passes to the customer-non-consumer, with the delivery of the product by snd to the carrier for shipping (fca).
Snd will not be held liable for delays or failure to deliver all or part of the products, in case it has promptly informed the customer the products are not available.


Unavailability of products or impossibility to deliver

in case products or parts thereof are unavailable, even temporarily, or in case snd is not able to deliver the products, it will inform the customer timely, and in any case no later than 30 (thirty) days, by e-mail. in such cases, the amounts paid in excess will be re-credited as swiftly as possible, and in any case within 30 days of sending the purchase proposal. refunds will be made with the same method of payment used for the purchase.
Once the refund has been carried out, snd cannot be held responsible for failing to deliver the products.
snd is not even liable for unforeseeable delays, with no prejudice to the fact that - except for force majeure - the products will be delivered within 30 (thirty) days at the latest, starting from the day after the customer has sent the order to snd.
if force majeure persists for more than 30 (thirty) days, each part will be entitled to withdraw from the contract. in this case the customer will not be entitled to any compensation or reimbursement other than the refund of any amount already paid as product price.

 Right of Withdrawal - Customer Consumer

Times and methods of exercising the right of withdrawal

In accordance with the legal provisions in force and for the purposes of articles. 52 et seq. of the Consumer Code, the Customer Consumer, is advised of the faculty recognized by the law, to freely exercise the right of withdrawal within 14 days from delivery to the consumer or to a third party authorized by the consumer of the Product (or of the last of the Products in case of a single order concerning several Products).

For the purposes of the correct and timely exercise of the right of withdrawal, the Consumer must send, within the aforementioned term of 14 days, his express statement that he wishes to withdraw either by e-mail to customercare@hyusto.com or by registered mail sent to Civitanova Marche (mc ), via Enzo Ferrari, 34 / A, to the CA Snd Srl. The customer will be able to exercise the right of withdrawal also by the website form in the following link: https://hyusto.myreturnscenter.com/

The Customer must include the following data in his notice of withdrawal: Name, Surname, order number for which he intends to exercise the right of withdrawal.

The right of withdrawal may also be exercised only for one of the ordered Products.

The Customer must return the goods within a maximum of 14 days from the date on which he sent the withdrawal notice to SND.

Products purchased online or by telephone cannot be reimbursed or returned to physical stores, unless otherwise expressly agreed in writing by SND.

Unless otherwise notified by SND, the goods must be sent to the following address Civitanova Marche (MC), via Enzo Ferrari, 34/A.

It is recommended to ship the Products to be returned using an insured courier in order to track the shipment.

The returned Products must be shipped in their original packaging or, if damaged, in a package of equivalent size and strength, with the purchase receipt attached.

The delivery costs for the return of the Products are charged to the Customer; any costs incurred by the Customer for the return will not be refundable.

Returns of purchased items will not be accepted without the aforementioned procedure being followed.


Refund of the payment

In case of exercise of the right of withdrawal, SND will undertake to reimburse the amounts to the Customer within 14 days from the date on which the Customer received the notice of withdrawal. In any case, SND may suspend the reimbursement until it has received the goods sent back by the Customer or until the consumer has demonstrated that he has sent back the goods on time.

Refunds will be made with the same payment method as for the purchase.


Customer’s liability in case of damaged products

In case of faulty product, the customer has the right to terminate the contract, but remains obliged to return the product substantially intact. The customer is responsible for the reduction of product value due to improper handling, in a way that is different from the one required to establish the nature, characteristics, and functioning. If the value of products has decreased, snd reserves the right to claim a damage.
Snd will not be liable for refunding or compensating the products shipped that were lost, stolen or damaged.
In case a product is returned because it doesn’t meet the required specifications, the return expenses will be charged to the customer. 


Errors and inaccuracy

It is the aim of snd to provide constantly updated information on its website.
However, it is not possible to guarantee that the website is totally free from errors. The website may contain keying errors, errors or omissions, some of which may refer to the price and availability of the product or to the information sheet related to the product itself.
Snd reserves the right to correct such errors, inaccuracies or omissions, even after an order has been sent. It also reserves the right to change or update information at any time and without previous notice.


Guarantee of product authenticity and of compliance

All products belonging to the “consumer goods” category, as regulated in art. 128, 2nd subparagraph of the consumer code, sold through the website, are covered by the legal guarantee of conformity provided for by articles 128-135 of the consumer code.
The legal guarantee of conformity is reserved to consumers, and therefore applies only to customers – users who have made the purchase on the website for purposes that are unrelated to the entrepreneurial, commercial, artisanal or professional activities they may carry out.  
Any conformity defect which becomes apparent within 24 months from the date of purchase must be reported within the 2 months following the date when the defect was discovered.
Under art. 130 of the consumer code, in case the product has a conformity defect the customer is entitled to have the goods brought to conformity, at no extra costs. To this end, the customer may choose between repair or replacement of the product. such right to choose cannot be exercise if the remedy requested is objectively impossible or overly burdensome. The customer is also entitled to an adequate price reduction or to terminate the contract, only in case one of the following situations occur: i) the repair or replacement are impossible or overly burdensome; ii) snd did not repair or replace the product within a reasonable time limit; iii) the replacement or repair have caused inconvenience to the consumer.
In case the customer intends to benefit from remedies provide for by the products legal guarantee, he/she should contact the company owner by e-mail at customercare@hyusto.com. the owner will give a timely feedback on the communication of the alleged conformity defect, giving instructions to the customer as for the specific procedure to follow, even bearing in mind the commodity class to which the product belongs, and/or the defect reported.
Those who have purchased on the website but are not consumers, can rely on the implementation of guarantees for defects of the sold items, the guarantee for defects of the quality promised and essential, as well as the other guarantees provided for by the civil code with the related terms, lapse of rights, and restrictions (article 1490 et seq. c.c.).


Modifications of general conditions

These general conditions are regulated by the Italian law.
Snd reserves the right to change these general sales conditions at any time, without notice and with no prejudice to the sales carried out prior to such changes. Any changes, modifications, cancellations, or additions shall be immediately effective after they have been published on the website. any subsequent access or use of the website by the user is to be intended as a complete acceptance of the changes made.
in case of dispute concerning the interpretation and implementation of these general sales conditions between snd and its customers consumers, such disputes shall be submitted to the exclusive competence of the court located in the place of residence or domicile of the consumer.
snd may leave to third parties all rights and obligations, or part thereof, deriving from this contract.


Replacement clause

In case any clause of this contract becomes totally or partially null and void and/or ineffective, it shall be considered invalid, or shall be modified to the extent to which it can be aligned to the legal provisions, or in any case with respect for the will or parties, without prejudice to the validity of any other clause of this contract.


Privacy e cookie policy


The User is invited to carefully read the page privacy and cookie policy

Contacts

for further information and assistance on the website or the on-line purchase methods, please contact us by e-mail: customercare@hyusto.com or by phone: +39 0733 966 413.

conditions updated on 6th November 2019 

TO DOWNLOAD THE .pdf VERSION OF THESE CONDITIONS, CLICK HERE.

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