Sales Conditions
GENERAL ONLINE SALES CONDITIONS
GENERAL INFORMATION.
The goods subject to these general conditions are offered for sale by the company HÖBEPERGH America Ltd . with registered office in 1410 Broadway, Suite 3103 New York, NY, 10018 .
For any communication or complaint, please refer to the above information.
Before placing the order, the user declares to have read and accepted these general conditions of sale.
The contract can be concluded in the following language: English.
1. DEFINITIONS.
1.1. “E-commerce Contract” means the conducting of commercial activities and transactions by electronic means.
1.2. “Purchaser” or “Customer” means the “Consumer” who purchases HöbePergh products online.
1.3. “Consumer” means a natural person who makes a purchase for purposes unrelated to any commercial, craft or professional activity.
1.4. ‘Seller’ means HöbePergh America Ltd., i.e. the person indicated in the epigraph who, in the exercise of his/her entrepreneurial or professional activity, transfers the goods or provides the services that are the subject of the contract.
1.5. “Distributor” means the courier in charge of delivering the goods from time to time.
1.6. “Shipping” refers to the delivery of products within the 50 states that make up the USA and Puerto Rico.
2. SUBJECT OF THE CONTRACT.
2.1. With this contract, the Seller sells and the Buyer purchases at a distance, via telematic tools, the tangible movable goods and services that are listed on the website www.hobepergh.us .
2.2. The products and services advertised on the website and any promotional samples offered by the Seller are for personal use only. The Buyer is not permitted to sell or resell any products, services or promotional samples of products received. The Seller reserves the right, with or without notice, to terminate or reduce any supply of products or services if, at its discretion, it has reason to believe that the Buyer's behavior may result in a breach of these General Conditions of Sale.
2.3. The Seller undertakes to describe its products on the site as accurately as possible; however, it cannot guarantee that the product descriptions, colors, related information or other content available on the site is error-free.
2.4. In case of difference between the image and the written product sheet, the description contained in the product sheet shall always prevail.
3. METHOD OF CONCLUSION OF THE CONTRACT.
3.1. The products can be viewed in the “products” section. The presentation of the products on the website www.hobepergh.us constitutes an invitation to treat.
3.2. Anyone wishing to purchase one or more products must select the desired products and add them to the cart by clicking on the appropriate button (to check the order “in the cart”, simply click on the symbol at the top right depicting a cart and, when the side drop-down menu opens, click on “view cart”).
3.3. Once the products to be purchased have been added to the cart, the website user can access the cart page (https://hobepergh.us/cart/), where the selected products, the price of individual products and the shipping costs will be highlighted.
3.4. After checking that the data entered is correct, the user can finalize the order by clicking on the “checkout” button and thus accessing the “payment” page (https://hobepergh.us/checkouts/).
3.5. On the “payment” page, the user must access his/her profile or proceed with registration, filling in the required fields; he/she must then select the desired payment method from those made available by the site and declare that he/she has read and accepts these conditions of sale, in addition to issuing the necessary certifications on the processing of personal data.
3.6. Once the required fields have been filled in, the user must click on the “paypal” or “pay now” button and will be directed to a new page for payment of the order, where he will be asked to issue the bank authorizations for payment. Once the authorizations have been issued as requested by the site, by clicking on the “proceed” button the order will be forwarded.
3.7. The order sent by the user is considered a contractual proposal for the purchase of the selected products from HöbePergh.
Upon receipt of the order, HöbePergh will send a confirmation e-mail to the e-mail address indicated by the Buyer, containing: the date of the order, the assignment of a “Customer Order Number” (which must be used in any further communication with the Seller), the details of the person placing the order and of the order itself, the price of the purchased goods (in Dollars and NOT inclusive of taxes/duties etc., except as provided for in point 8.3 below), shipping and delivery costs and any additional charges, payment methods and terms, the address where the goods will be delivered, delivery times and the exercise of the right of withdrawal, as well as the methods and times for returning the purchased products.
3.8. The e-mail confirming receipt of the order does not constitute acceptance of the purchase proposal, but rather confirmation of receipt of the order, activation of the procedure for verification of the data and availability of the requested products. The contract between the Seller and the Buyer is finalized only when the Buyer receives a separate e-mail from the Seller accepting the purchase proposal, which also contains information regarding shipment of the product and the tracking code, in order to allow the Customer to conveniently track the shipment by connecting to the express courier's website.
The price and shipping costs will only be charged when the Seller has verified the availability of the products ordered.
3.9. The Seller reserves the right not to accept incomplete or incorrectly filled out orders. Payment by the Buyer will be made using the method chosen online at the time of purchase.
3.10. As soon as payment for the product has been received, the Seller will proceed to issue the relevant tax document, if/where required by law.
3.11. The Seller will arrange shipment after having received payment of the purchase price of the product within the terms provided for in these conditions of sale.
3.12. By sending the contract proposal electronically, the Buyer expressly and unconditionally accepts the Privacy Policy and these conditions of sale in his/her relations with the Seller.
4. METHOD OF CORRECTING DATA ENTRY ERRORS BEFORE FORWARDING THE ORDER TO THE SELLER.
4.1. The buyer can modify the contractual proposal at any time before sending the order. By using the back button on the browser, the user is taken back to the previous web pages, where he can modify the data entered, the options selected or remove the products from the cart.
4.2. The buyer can also directly access the “cart” section by clicking on the appropriate button and remove the products already selected or modify their characteristics.
4.3. After submitting the order, the buyer who needs to modify a contractual proposal can do so by sending an email to the Seller at contact@hobepergh.us. Without prejudice to the right of withdrawal, the contract proposal may be modified after submission until the order has been prepared for shipment.
5. METHOD OF ARCHIVING THE CONTRACT.
5.1. The Seller advises the Buyer to keep a copy of these contractual conditions of sale in digital or paper format.
5.2. The Seller informs the Buyer that every order sent is stored in digital/paper format on the server or at the Seller's headquarters according to criteria of confidentiality and security.
5.3. The Buyer may in any case request a copy from the Seller, by sending a request to the e-mail address contact@hobepergh.us, indicating the details of the order (number, etc.) in the subject line.
6. PAYMENT METHODS
6.1. The price invoiced to the Buyer is the price indicated on the order confirmation sent by the Seller. Payment for the products is due on the day the order is confirmed.
6.2. All payments for products/services purchased by the Buyer may only be made using the methods specified below. The use of the aforementioned methods does not entail any additional charges for the Buyer.
6.3. Payment can be made by Credit Card. The accepted circuits are Visa, MasterCard, American Express.
It is also possible to use credit cards such as Stripe and PayPal (this payment method does not require you to enter your credit card number or other personal data, but only your email and password).
The following payment methods are also accepted: MyBank, Hype, China UnionPay .
6.4. The order will be processed only after the Seller's bank has contacted the Buyer's bank to verify and confirm the Buyer's details. The order will be shipped only if the verification is successful. This may result in a delay in processing the order.
6.5. All communications relating to payments take place on a specific line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of encryption security in accordance with the provisions of the regulations on the protection of personal data. For further information, please refer to the specific privacy policy available on the website.
6.6. All orders placed, before being processed, are subject to authenticity checks directly by the relevant credit card issuers to protect the Customer. With this form of payment, once this procedure has been completed, the Buyer will have completed the purchase proposal which will be confirmed by e-mail, with the assignment of a specific “order number” which should be used in all further communication with HöbePergh.
7. PRICES
7.1. All sales prices of the products displayed and indicated on the www.hobepergh.us website are expressed in Dollars.
7.2. Except as provided in point 8 below, the sales prices referred to in the previous point include the price of the products, handling, packaging and storage costs, duties. Shipping costs, if applicable, - will be calculated at checkout. Any additional charges (e.g. customs clearance), if any, are included in the price.
7.3. The prices indicated for each of the goods presented on the website are valid until the date indicated in the catalog/website or until they are modified, it being understood that the price will be the one indicated at the time of the purchase proposal.
7.4. The price of the products will be the one indicated on the website from time to time, except where there is an obvious error. Should this occur, the Buyer will be informed immediately and will be given the option to continue with the order at the correct amount or to cancel it. In the event that the Seller is unable to contact the Buyer, the order will be canceled, and the Buyer will be refunded the full amount. Therefore, there is no obligation on the part of the Seller to supply the product at the lower price indicated erroneously (even if the Shipping Confirmation has already been sent) if the error in the price is obvious and unequivocal, so that it can reasonably be identified as incorrect.
7.5. Discounts and promotions: if the Buyer has a personal discount or promotion code, it can be used at the time of payment. To do this, it must be entered in the appropriate section at checkout. Promotions and discounts aimed at all potential Buyers may also be advertised on the website.
8. TAX INFORMATION: EXEMPTIONS, DUTIES AND IMPORT TAXES.
8.1. Should the goods be delivered outside the USA, the Buyer may be subject to import duties and taxes, payable once the package reaches its specified destination.
Any additional customs clearance costs will be borne by the Buyer.
The Seller has no control over these charges and cannot predict their amount. Import duties and taxes (calculated according to the internal regulations of each country) are not included in the product prices indicated on the website.
Customs policies vary considerably from country to country, and it is therefore advisable for the Buyer to contact the local customs office for further information.
The Buyer must bear in mind that when importing goods, he is obliged to comply with the legislation of the importing country.
8.2. The product prices applied to Buyers that are published on the www.hobepergh.us website are not inclusive of taxes/ that will be calculated at the moment of the confirmation of the order.
8.3. Orders shipped outside the United States may be subject to import duties, taxes, and other fees imposed by the destination country. These charges are not included at checkout and are the sole responsibility of the Buyer. We do not control these charges and cannot predict their amount.
By placing an order, the Buyer agrees to comply with all laws and regulations of the destination country and accept any additional charges for customs clearance.
9. SHIPPING AND DELIVERY TIMES
9.1. If the order is placed by 12.00 CET, the shipment usually takes place on the same day, except for holidays and weekends; if the order is placed after 12.00 CET, the shipment usually takes place the following day.
Orders received from Friday after 12.00 CET until Sunday night will be processed from the following Monday or Tuesday.
In all cases, shipments are not made on holidays and weekends.
Shipments may require 4-5 working days.
9.2. The Seller shall deliver the purchased products to the Buyer within 3 working days from the conclusion of the contract (or from the moment the Buyer receives a separate e-mail from the Seller accepting the purchase proposal, which also contains information regarding shipment of the product).
Working days do not include public holidays and weekends.
9.3. Delivery times may vary depending on the availability or otherwise of the product and the geographical location to which the goods are to be delivered; in any case, they may not exceed 30 (thirty) days from the time the contract is concluded.
9.4. All shipping and delivery times provided above are indicative and non-binding.
9.5. In the event that the Seller is unable to ship within the terms indicated in the previous points, the Buyer will be promptly notified by email or by telephone, if contact information was provided during the order phase.
9.6. The shipping methods and costs are indicated below.
10. SHIPPING INFORMATION (COSTS AND METHODS)
10.1. Shipments are made via UPS, Fedex and USPS.
10.2. The shipping cost varies depending on the amount indicated in the order, according to the following ranges:
USA - PUERTO RICO
- Orders up to $ 50,00: cost of $ 6,00
- Orders over $ 50,00: free of charge
10.3.
As required by international trade regulations, all shipments made by UPS on behalf of the Seller are shipped from Bassano del Grappa – Vicenza – Italy, accompanied by a tax document declaring the exact value in Dollars of the items shipped.
10.4. The insurance on the goods, if any, is that of the courier making the delivery. If a package is stolen or lost in transit, the customer is required to get in touch with the Customer Service at contact@hobepergh.us.
10.5. Delivery will be made to the shipping address specified at the time of the order, which may be different from the Buyer's address.
10.6. Upon arrival of the goods, before signing for delivery, the Purchaser is required to inspect the integrity of the packaging in order to detect any tampering and/or abrasions or breaks in the packaging itself or in the adhesive tape. They must also verify that the number of packages indicated in the carrier's letter corresponds to the number delivered. If there are discrepancies or if the package is worn, broken or damaged, the Buyer must sign for it subject to reservation or refuse to accept it. In such cases, the Purchaser must, under penalty of forfeiture, contact the Seller by email at contact@hobepergh.us within 5 (five) days.
10.7. In the event that the shipment is not successfully delivered to the address indicated by the Buyer, the package will be returned to the sender at the Buyer's expense, and this amount will be deducted from any refund due to the Buyer.
10.8. If the shipment is not successful after the second delivery attempt, the package will remain in storage at the Courier's premises for 3 (three) working days. If, within this period of time, the Purchaser has not given instructions for delivery, the Seller reserves the right to request redelivery of the goods. In any case, all storage costs shall be borne by the Buyer, as well as the costs of returning the goods to the sender and the cost of any redelivery. The status of the file indicating the reason for the non-delivery and the request for instructions for release, as well as the status of the order itself, can be viewed by the Buyer directly on the courier's website.
11. AVAILABILITY OF PRODUCTS
11.1. The Seller ensures that orders are processed and fulfilled without delay using the telematic system used. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available
12. INTELLECTUAL PROPERTY
12.1. The Customer acknowledges and accepts that all the products offered for sale on the website www.hobepergh.us are original and authentic, designed and manufactured by HöbePergh S.r.l. (Italy) and marked with the registered trademark of which the Seller is the exclusive owner: “HÖBEPERGH”.
13. LIMITATION OF LIABILITY
13.1. The seller is not responsible for damages, losses and costs incurred by the buyer as a result of the non-execution or incorrect execution of the contract for reasons not attributable to him, the buyer only having the right to a full refund of the price paid and any additional charges incurred.
13.2. Except in the case of willful misconduct or gross negligence, the seller shall not be held liable to the buyer for inefficiencies or malfunctions connected to the use of the internet and the website that are beyond the seller's or its sub-suppliers' control.
13.3. The seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of the buyer's credit cards and other payment methods, whether or not they are registered by the buyer at the time of payment of the order.
13.4. The seller reserves the right to make changes to the website and/or to amend these contractual conditions whenever necessary, without the need to provide advance notice.
The seller guarantees that its website is protected according to international standards for the internet.
13.5. The seller declines all responsibility for any malfunctions deriving from and/or connected to the deactivation of cookies in the user's browser.
14. TRANSFER OF RISK
14.1. The risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Buyer only when the goods are delivered to him or to a designated third party other than the carrier.
15. RIGHT OF WITHDRAWAL
15.1. A Buyer who wishes to cancel a placed order can contact Customer Services in the “Contacts” section of the website www.hobepergh.us, by e-mail contact@hobepergh.us and request cancellation. The request will be accepted if the order has not yet been processed.
15.2. The Consumer Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 30 (thirty) days from the day of receipt of the purchased product.
15.3. In the event that the Buyer decides to exercise the right of withdrawal, he/she must notify the Seller, using the standard which is found at the bottom of this contract, or by submitting any other explicit declaration of his/her decision to withdraw from the contract by registered letter with return receipt, certified email or email to contact@hobepergh.us. In such cases, the Seller shall promptly send the Buyer an email confirming receipt of the withdrawal, to the address indicated by the Buyer during registration.
15.4. For the purposes of exercising the right to withdrawal, the sending of the communication may be validly replaced by the return of the purchased product, provided that it is within the same terms 30 (thirty) from the date of receipt of the goods) and in the manner provided for in art. 17. The date of delivery to the post office or shipper shall be binding between the parties.
15.5. The burden of proof relating to the exercise of the right of withdrawal, in accordance with this article, lies with the Buyer.
15.6. The return of the goods must take place without undue delay and in any case within 30 (thirty) days from the date on which the Buyer has communicated to the Seller his decision to withdraw from the contract.
If the returned items show damages or signs of wear resulting from handling other than what is necessary to establish their nature, characteristics and functioning, the Seller may withhold from the refund an amount corresponding to their diminished value.
15.7. A Buyer who exercises the right to withdraw from the contract in accordance with this article shall not bear the direct costs of returning the goods to the Seller, which shall remain the responsibility of the latter.
15.8. A Buyer who exercises the right of withdrawal in accordance with the provisions will be refunded the sums already paid using the same payment method used by the Buyer, unless the latter has accepted another payment method for the refund. Without prejudice to the above, the Seller is not required to reimburse additional costs, if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the seller. Said amounts will be refunded without undue delay and in any case within 5 (five) working days and in any event not later then 14 (fourteen) calendar days from the day the Seller was informed of the Buyer's decision to withdraw from the contract. Unless the Seller has offered to collect the goods himself, the Seller may, however, withhold reimbursement until he has received the goods back, or until the Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
15.9. Returned products must be received by the Seller within 45 (forty-five) days from the delivery date.
15.10. We will accept for a return intact, unused products, in the original packaging, intact and sealed.
15.11. Upon receipt of the communication in which the Buyer informs the Seller of exercising the right of withdrawal, the Parties are released from their mutual obligations, without prejudice to the provisions of this article.
16. NON-CONFORMITY AND WARRANTIES.
16.1 HöbePergh America Ltd. sells high quality products. In the event of receiving products that do not comply with the sales contract, the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods and which becomes apparent within 90 days of initial purchase.
16.2. There is no lack of conformity if, at the time the contract was concluded, the Buyer was aware of the defect and could not have been unaware of it with ordinary diligence, or if the lack of conformity derives from instructions or materials provided by the Buyer.
16.3. In the presence of a lack of conformity, the Buyer has the right to have the defective goods replaced by the Seller, without charge, unless the remedy requested is impossible or excessively expensive compared to the other. If replacement is not possible, the Buyer is still entitled to a reduction in price or to a refund, commensurate with the value of the goods, upon returning the defective product to the Seller.
16.4. It is understood that for aspects other than those just explained, these conditions of sale or the regulations provided for by the applicable legislation of New York will apply.
16.5. The warranty excludes any faults or lack of conformity resulting from normal wear and tear of the products, or those caused during transportation, or by improper use or maintenance of the products.
16.6. In the event that a lack of conformity, a defect or a quality defect is found, the Buyer is asked to write by email to info@hobepergh.us or by post to the address 110 Chestnut Ridge Rd. #314 Montvale, NJ 07645. Once the Seller has received the request, they will indicate their willingness to proceed with the request, or the reasons that prevent them from doing so, within seven working days of receiving the request.
16.7. In the same communication, the Seller shall indicate the proposed price reduction or the methods of returning or replacing the defective goods. In such cases, it shall be the Buyer's responsibility to indicate the methods (among those under the payment method section) for the crediting of the sums previously paid to the Seller.
16.8. For the return procedure in case of lack of conformity or termination, see the procedures referred to in art. 17 following the “official return procedure”.
16.9 . The Seller assumes no responsibility for the use that the Customer intends to make of the purchased goods. In the case of “defective” goods, the only obligation for the Seller will be to replace them. Under no circumstances will the Seller be held responsible for the Customer's loss of earnings.
16.10. The Seller assumes no responsibility for disservices attributable to force majeure of any nature or kind, in the event that it is unable to execute the contract within the agreed time frame. Causes of force majeure include, but are not limited to, measures taken by the Public Authorities, strikes (both general and not general), for example of the carriers used by the Seller, as well as any other circumstance beyond the Seller's control.
17. RETURN IN CASE OF WITHDRAWAL, NON-CONFORMITY OR TERMINATION OF THE CONTRACT.
17.1. HöbePergh America Ltd. has developed a simple and convenient return procedure. The return address is as follows: HöbePergh 110 Chestnut Ridge Rd. #314, Montvale, NJ 07645. Returns are free of charge.
17.2. The return request must be made by email to contact@hobepergh.us providing the order number and preferably the reason for the return: withdrawal, lack of conformity, termination of the contract. Within 2 (two) working days, if the return is approved, prepaid ups/ return labels to be applied to the original package will be emailed to the same address provided at the time of the order. If the return request is not approved, an email will be sent to the buyer with the reasons for rejecting the return request.
17.3. It is necessary to book the collection of the parcel by contacting the courier, by telephone or online, in order to establish the date of collection of the parcel. The return service through the courier chosen by the seller is free of charge. This choice is not binding for the customer, but if he/she chooses a different courier for the return, the relative costs and any theft or loss will be the sole responsibility of the customer.
17.4. The seller reserves the right to request photographic evidence if necessary for the purposes of evaluating the return procedure. The refund for returned goods will only be made if the return is made following the procedure set out in this article, otherwise the product will be sent back to the customer and the customer will be charged for the costs. The customer will be refunded (provided that the return complies with these conditions) the full amount paid for the product within 14 (fourteen) days of receipt of the return request, by means of a procedure to reverse the amount charged to the credit card.
17.5. The return cannot be made if the product has been damaged for reasons other than transportation.
18. PRIVACY
18.1. The Buyer can obtain information on the processing of personal data in the specific Privacy section by clicking on the link provided on this website.
19. DISPUTE RESOLUTION
19.1. Any dispute, controversy or claim arising out of or related in any way to these Terms and Conditions of Sale and/or any sale and purchase of products hereunder or any transactions contemplated hereby which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three (3) arbitrators sitting in the State of New York, County of New York. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, but shall not be empowered to award consequential damages, indirect damages, special damages, exemplary damages, punitive damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.
19.2. If the parties intend to refer the matter to ordinary judicial authority, the competent court will be the one where the buyer has his/her residence or domicile.
20. AGE REQUIREMENTS
20.1. Minors (under eighteen years of age or minors in accordance with the law of their country) cannot purchase online on this site. Underage users are therefore asked not to subscribe to any service and not to proceed with registration.
Annex 1 WITHDRAWAL FORM
WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
HöbePergh 110 Chestnut Ridge Rd. #314, Montvale, NJ 07645
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of Purchaser(s)
- Address of Purchaser(s)
- Signature of Purchaser(s) (only if this form is notified in paper form)
- Date
(*) Delete as appropriate.”