GENERAL TERMS AND CONDITIONS OF SALE

 

  1. .SUBJECT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

These General Conditions of Sale concern the distance sale of HINO branded products through the telematic network on the website www.hinoskincare.com (hereinafter also the "Website") by the company Green Remedies S.P.A (hereinafter referred to as "Green Remedies"or the "Seller") with registered office in Padua Via Prima Strada n. 23/6 35129 Padua (PD), registered with the Chamber of Commerce of Padua Rea 338560 (PD), tax code and VAT no. 03802660286, share capital 1.000.000,00 i.v., owner also of the HINO brand.

The sale through the Internet Site of HINO branded products is reserved to end customers (hereinafter "Purchasers") residing both within the European Union (in full compliance with the provisions of EU Regulation 2018/302) and in non-EU countries, who can be qualified as "consumers" in accordance with Article 3 of Legislative Decree no. 206/2005.

The Purchaser declares and guarantees that the purchase of products on the Website is not made in the performance of his professional activity and is intended for strictly personal use. Each purchase transaction shall be governed by the provisions of Legislative Decree no. 206/2005; the information directed to the conclusion of the purchase contract shall be subject to Article 12 of Legislative Decree no. 70/2003 and, as regards the protection of confidentiality, shall be subject to the Privacy regulations set out in EU Regulation 2016/679.

These General Terms and Conditions of Sale must be carefully examined by the Purchaser before completing the procedure for purchasing products via the Internet site www.hinoskincare.com.

The Purchaser, by telematically sending his purchase order ("Order"), unconditionally accepts and undertakes to observe in his dealings with Green Remedies the General Terms and Conditions of Sale transcribed below, declaring that he has read them and is aware of the guarantees, rights and information contained in the aforementioned regulations.

Green Remedies shall not be bound by general terms and conditions of sale other than those set out herein unless agreed in advance in writing with the individual Purchaser.

The Purchaser declares the truthfulness of the data entered during registration and releases Green Remedies from any liability due to the inaccuracy of such information.

 

These General Terms and Conditions of Sale may be modified at any time by Green Remedies, also in consideration of any regulatory changes, and shall take effect towards third parties from their publication on the website www.hinoskincare.com. Green Remedies reserves the right to suspend, modify, interrupt at any time, in whole or in part, the Website and the services rendered therein, informing its customers in advance.

In any event, the General Terms and Conditions of Sale applicable to an order are always those accepted by the Buyer at the time the Order is placed.

 

  1. PRODUCTS

The Buyer may select one or more HINO branded products from those available at www.hinoskincare.com.

The products are presented on the Website in an accurate and detailed manner. However, the visual representation of the products on the Website has an indicative value, without any guarantee by the Seller on the exact and precise correspondence of the depicted image with the real product. In the event of any difference between the image of the products on the Website and the relevant product sheet, the latter shall prevail.

The Seller may change the assortment of products offered for sale on the Website at any time. The Seller will not make any change to the price, availability or description of any product after the Seller's acceptance of the Order received from the Buyer.

The products comply with the applicable legislation in force at the time of the Order.

 

  1. PURCHASING PROCEDURE

To purchase products via the Website, the Buyer must register on the Website, entering his personal details. Registration can be carried out in the "Account" section of the Website, by entering the e-mail address and a password in the "Register" section, or directly during the purchase process by entering the billing data and password, before confirming the Order. If the Buyer is already registered, he must proceed to authenticate himself on the Website by entering his credentials.

In the event that the Purchaser does not wish to register on the Website, he may still complete the purchase procedure for the selected articles under the same conditions as for registered Purchasers and may still benefit from any applicable discounts and promotions.

The Buyer shall place the products in the "Shopping Cart" and, after possibly entering a promotional code, may proceed with the Order, select the payment method and send the Order.

 

  1. CONCLUSION OF THE CONTRACT

The purchase contract (hereinafter the "Contract") is finalized, and thus concluded, when the Buyer receives an e-mail summary of acceptance of the Order from Green Remedies with notice that the products will be sent for shipment.

In the event of non-acceptance of the Purchase Order, Green Remedies guarantees prompt notification of Purchasers.

Green Remedies reserves the right not to accept orders considered unreliable without any prior notice and without the Buyer having any claim or right whatsoever, for any reason whatsoever, including compensation. In such a circumstance, if the Buyer has made the payment and this has been credited, Green Remedies shall proceed to the immediate cancellation of the total amount of the Order.

If the available quantity of an item in an order is exceeded or an item is unavailable for other reasons, the Buyer will be promptly contacted by Green Remedies via the email that the Buyer will have communicated during registration. If possible, the waiting time for obtaining the product will be communicated, with a request for a new Order confirmation.

 

  1. METHOD OF PAYMENT

Payment of the Order may be made directly online by Credit Card, Stripe, PayPal account or by bank transfer. Alternatively, it will be possible to make payment in cash upon delivery of the products for sales with delivery in Italy, at no additional charge. Remember that the entire transaction is performed on the bank's own servers, so the Seller will not receive any information on the Buyer's credit card other than the information of the successful transaction. In case the chosen method of payment is bank transfer, the Seller, as the data controller, will collect personal data related to the Buyer's payment, i.e. the account number, SWIFT code, Bank and the name of the Buyer. This data will be collected and processed solely in the context of the transaction and for billing purposes only. In cases of purchase of the goods with PayPal and Stripe mode of payment, simultaneously with the conclusion of the online transaction, PayPal and Stripe will immediately charge the amount that relates to the purchase made. In the case of payment by bank transfer, the Buyer will be notified of the Seller's IBAN and the goods will be shipped once the Buyer's transfer is received. In the event of cancellation, the amount regarding the cancelled Order will be immediately credited back to the Buyer's PayPal or Stripe account or by wire transfer, in accordance with Article 9 of these General Terms and Conditions of Sale.

 

  1. PRICES

The sales prices of the products illustrated on the Website are the prices in force at the time the Order is placed by the Buyer.

Each product sheet on the website shows the list price and any promotional discount applied. During on-line shopping, when products are placed in the shopping cart, a total cost is charged, which includes details of the prices of the individual products and any contributions for shipping and/or accessory charges.

Prices are in Euros and include VAT and any other taxes for EU sales, while prices for Extra-EU sales are still in Euros but with VAT excluded, since, the VAT due will be paid at the time of importation together with any taxes and customs duties that may be applicable to shipments of products to Extra-EU countries, which, if due, the Buyer agrees to pay in addition to the price of the products indicated in the Order, in accordance with the laws in force in the countries of destination. The Buyer agrees to pay any and all additional costs, charges, taxes and/or duties that the country of destination may apply, for any reason whatsoever, to the products purchased through the Internet Site pursuant to these General Terms and Conditions of Sale, and declares that its own lack of knowledge regarding the existence of the aforementioned additional costs shall not constitute valid grounds for requesting the Seller to terminate the Contract.

Any change on the applicable VAT rate will automatically be reflected in the price of products sold through the Website. Shipping charges for deliveries are specified in Section 7 below.

 

  1. SHIPPING COSTS AND TIMES

The products purchased by the Purchaser under these General Terms and Conditions of Sale shall be delivered to the address indicated by the Purchaser as the delivery address on the Order by courier and delivery times may vary from the next day to a maximum of thirty days from receipt of the Order confirmation e-mail sent by Green Remedies.

Green Remedies cannot be held responsible for any delays due to the chosen courier, or caused by certain periods of the year of increased congestion.

In the event of delays, inability to deliver or significant cost increases due to force majeure, unforeseeable and unavoidable events, Green Remedies reserves the right to split, postpone or cancel, in whole or in part, the delivery as well as to terminate the Contract. In such cases, Green Remedies shall promptly and adequately notify the Purchaser by e-mail to the address provided by the latter and the Purchaser shall be entitled to a refund of any price already paid.

The payment of the goods by the Buyer will be made using the method chosen when placing the order. The shipping of products in Italy is free of charge for orders of € 39.00 (vat included) or more, while for orders of less than € 39.00 (vat included) there is a fixed shipping cost charged to the Buyer of € 4.99 (vat included).

For shipments of products to other European Union member countries or non-EU countries, there is a fixed shipping cost to be borne by the Buyer of € 20.00 (including VAT for EU countries and equal to € 16.50 excluding VAT for Non-EU countries).

These shipping costs do not include any taxes or customs duties that may be applicable for deliveries to non-EU countries. Green Remedies invites, therefore, the Buyer to inquire appropriately, from the competent authorities, regarding any applicable duties or taxes provided for by the regulations in force in the Buyer's country of residence or, in any case, in the country of destination of the products.

Upon delivery of the goods by the carrier, the Buyer shall check:

  • that the number of packages delivered corresponds to the number indicated in the transport document;
  • that the packaging is undamaged, not damaged, not wet or otherwise altered, including the sealing materials: adhesive tape, strapping or seals.

Any damage to the packaging and/or product, or the mismatch in the number of packages, must be immediately reported to the courier, writing the phrase "WITH RESERVE OF CHECK" on the delivery document that the courier will have the Purchaser sign as proof of delivery of the products, also specifying the reason for the reservation (e.g.: crushed, wet, punctured packaging, etc.). In this case, the Purchaser is obliged to promptly notify the Seller, within 5 working days, of any damage or shortcomings detected by filling in the specific "Returns and Reports" form on the Website containing a communication of "withdrawal with reservation" and also attaching photographs proving the defect as well as a copy of the document signed by the courier containing the reservation. Once the courier's document has been signed without affixing the reservation, the Buyer may not raise any objection regarding the characteristics or condition of the package delivered.

In case of failure to collect within 10 working days the material in stock at the courier's warehouses (due to repeated impossibility of delivery to the address indicated by the Buyer in the Order), the Order will be automatically cancelled and the goods will return to Green Remedies. In the latter case, the Purchaser will be reimbursed the value of the purchase minus the transport costs, the accessory charges linked to the storage of the goods at the courier's warehouse, the costs of returning the goods to the company's warehouses and the commissions or charges that Green Remedies will have to incur for the credit.

 

  1. RETURNS AND REPLACEMENTS

In the event of damaged packaging, lost products or products damaged in transit Green Remedies undertakes to examine the complaint received and, if necessary, proceed, after evaluation and examination of the photos proving the damage, with a refund or with sending new products to replace the damaged ones.

The costs of return and resending will be borne by Green Remedies.

On the other hand, the costs of return shall be borne by the Purchaser if the return is determined by the elapsing of the maximum period of storage at the courier's warehouses due to the repeated impossibility of delivery to the address indicated by the Purchaser, in accordance with the provisions of Article 7 of these General Terms and Conditions of Sale.

Failure to comply with the terms and procedures described in Article 7 for reporting damages shall result in the loss of the Buyer's right to a refund and/or the sending of new products by the Seller. In any case, any spontaneous return of products by the Buyer not validated or expressly authorised by Green Remedies will not be accepted.

 

  1. RIGHT OF WITHDRAWAL

Internet sales are treated in the same way as mail-order sales, where the relevant regulatory provisions protect the consumer and guarantee him/her the right of withdrawal for any type of purchase. Pursuant to Article 52 of Legislative Decree 206/2005, on the subject of distance sales, the consumer, subject to the exceptions set forth in Article 59 of Legislative Decree 206/2005, has the right to withdraw from the Purchase Agreement for any reason and without explanation. In order to exercise this right, the Purchaser, within the term of fourteen working days from the date of receipt of the goods, must send an appropriate communication to info@hinoskincare.com expressly confirming their wish to withdraw from the Contract. Green Remedies will confirm receipt of the e-mail of withdrawal to the Purchaser.

In order to facilitate the process of returning products, the Buyer shall also fill in the "Returns and Reports" form on the Website, selecting the option "I changed my mind" in the "Reason" box.

The goods must then be returned and shipped to the address of the registered office of the company Green Remedies S.P.A, in Padua Via Prima Strada n. 23/6 35129 Padua (PD), within the fourteen days following the date on which the Purchaser communicated to the Seller its decision to withdraw from the Contract pursuant to Article 54 of Legislative Decree 206/2005, in its original packaging, complete with accessories, instructions for use and anything else that may have been supplied with it; the packaging must not show any tampering with the guarantee seals or detachment of the stickers and/or straps. Return costs shall be borne by the Seller.

Green Remedies shall refund the full amount that may have already been paid by the Purchaser for the purchase of the returned goods by means of a transfer of the amount charged in the case of payment by credit card or electronic instruments, or by bank transfer to the bank details communicated by the Purchaser to Green Remedies within fourteen days from the day on which it is informed of the Purchaser's decision to withdraw from the Contract pursuant to Article 54 of Legislative Decree 206/2005.

In the event that the returned goods are damaged, show signs of wear and tear, or are not complete with all parts or accessories (including instructions, packaging, labels, etc.), the Seller shall deduct from the refund an amount corresponding to the decrease in value.

 

  1. DEFECTS, NON-CONFORMITIES AND WARRANTIES

In the event of a lack of conformity of a product pursuant to Article 129 of Legislative Decree 206/2005, the legal guarantee pursuant to Articles 130 and 132 of Legislative Decree 206/2005 shall apply, giving the Purchaser the right to restore, free of charge, the conformity of the goods by repair or replacement. Should these remedies fail, the Purchaser shall be entitled to an appropriate price reduction or to termination of the Contract. The Buyer forfeits these rights if he does not report the lack of conformity to the Seller within a period of two months from the date on which he discovered the defect. The Seller shall be liable when the lack of conformity becomes apparent within two years after delivery of the product. An action for defects that have not been fraudulently concealed by the Seller shall in any case be time-barred within twenty-six months after delivery of the product.

 

  1. LIMITATION OF LIABILITY

By ordering products on the site, the Buyer represents and warrants that:

  1. (a) is legally capable of contracting;
  2. b) orders the products for exclusively personal use and may be defined as a consumer within the meaning of Article 3 of Legislative Decree 206/2005;
  3. c) undertakes not to market, resell or distribute the products in any way to third parties for commercial purposes.

Green Remedies shall not be held liable in case of non-performance or delay in the performance of contractual obligations resulting from the fact of an unforeseeable and unavoidable third party, the fault of the Buyer or force majeure. Green Remedies undertakes to represent and describe as accurately as possible the characteristics of the products on the Website declining, as of now, any responsibility in case of insubstantial difference between the reproduction of the products on the Website and those delivered to the Buyer.

Green Remedies shall also not be liable for any inconvenience or damage resulting from and/or related to the Purchaser's use of the Internet, in particular for service failures, external intrusions or the presence of computer viruses.

 

  1. 12. INTELLECTUAL PROPERTY

All elements of the www.hinoskincare.com website, whether visual or audio, including the underlying technology, are protected by the applicable copyright and industrial property provisions. The HINO trademark, all trademarks, both figurative and non-figurative, present on the website, images, illustrations, technical sheets and any other content present on the website are the exclusive property of Green Remedies. Any reproduction, representation, modification or use, in whole or in part, of this content, without the authorisation of Green Remedies, constitutes counterfeiting, which may result in the civil and criminal liability of the offender. It is strictly forbidden to insert a hypertext link into the Website, using the so-called "framing" or "deep linking" technique.

 

  1. PRODUCT IMAGES

The images of the products on sale on the www.hinoskincare.com website are the exclusive property of Green Remedies and it is strictly forbidden to copy or reproduce them for any use whatsoever without the express consent of the owner company itself.

 

  1. 14. PRIVACY

Pursuant to EU Regulation 2016/679, Green Remedies informs Buyers that the personal data provided by them when completing the Purchase Order, are processed with the purposes indicated in the Information Notice on the Website and at the following link: https://www.hinoskincare.com/privacy/.

The Purchaser in accordance with Article 13 of the EU Regulation 2016/679, declares that he/she has read, understood and authorized the processing of his/her personal data with the purposes indicated in the Information Notice, at the stage of entering them.

 

  1. APPLICABLE LAW

The Contract of Sale between the Purchaser and Green Remedies is concluded in Italy and is governed by Italian Law. Any dispute relating to the existence, interpretation or execution of these General Conditions of Sale or of the Contract entered into between the Seller and the Purchaser shall be deferred to the exclusive jurisdiction of the Court of the Purchaser's place of residence.

 

  1. OUT-OF-COURT DISPUTE RESOLUTION

Pursuant to Article 14 of Regulation (EU) No. 524/2013, the Seller is obliged to make available to the Buyer, on its Website, an electronic link to the European ODR platform: https://webgate.ec.europa.eu/odr for access to the out-of-court dispute resolution procedure concerning the Contract of Sale concluded online.

Therefore, the Buyer is entitled to initiate out-of-court settlement of any disputes concerning the Contract via the European ODR platform, accessible from the Website at the above-mentioned link.

 

  1. CUSTOMER CARE

In any event, the Purchaser may request any information on the methods and procedures for purchasing online, or for product shipment, payment, right of withdrawal, etc., by contacting Customer Service via chat on the site by clicking on the "Contacts" section, by e-mail at info@hinoskincare.com or by telephone on 049 8647877.