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HEVIK – TERMS OF SALE

These terms of sale (“Terms”) govern the sale of all products on website eshop.hevik.com (the “Website”).

The Website is managed by Hevik S.r.l., whose registered office is at , via Don Arcangelo Tadini no. 33, Brescia, Italy VAT no. 03544950987 (“Hevik”).

These Terms do not cover the sale of products on the Website through links or banners provided by third parties other than Hevik. Hevik is not be responsible for any purchases made by the user of the Website through third party links or banners, such sales being exclusively governed by the terms of sale of the relevant third party.

By making any purchase the user expressly and unconditionally accepts s these Terms of Sale as applying to the purchase. We therefore recommend a careful reading of the same before proceeding with any purchase. If the user does not agree to these Terms of Sale he is kindly requested to leave the Website or not use the online showcase on the Website itself.

1. APPLICATION OF TERMS

The products displayed within the different sections of the Website consist of clothing and accessories for motorcycle riders and are offered for sale to adult consumers only. The term "consumer" refers to an individual, who is buying for personal use and not in the course of any trade, business, craft or professional activities (the "Customer").

Any Customer under the age of eighteen years may only use the Website under the supervision of a parent or guardian.

Hevik reserves the right to refuse to process orders from persons other than consumers or any order which does not comply with these Terms of Sale.

2. INFORMATION ON PRODUCTS AND ON PRICE

The sections related to the products contain a description, technical specifications and information on the availability of the selected product as well as its price.

The pictures of the individual products are posted for illustration purposes only.

All prices are quoted in Euros and are inclusive of VAT. Hevik reserves the right at any time to modify the prices of the products listed on the Website. Any changes to such prices will not, however, be effective against customers who have already submitted an order.

Before making a purchase on the Website, the Customer is should check the final sale price specified in the order. This amount, plus the delivery costs, will be charged to the Customer at the time of purchase.

If, due to technical problems, the price displayed on the Website is lower than the actual sale price, Hevik will contact the Customer to notify the Customer of the correct price and to confirm whether the Customer still intends to buy the product at the actual price. If not, the order will not be processed. If the price displayed on the Website is higher than the actual sale price, Hevik will process the order and charge the Customer the lower price.

3. REGISTRATION WITH THE WEBSITE

To purchase products on the Website’s virtual showcase the Customer may fill out the registration form available at the registration page. The Customer is requested to enter his personal information and a valid e-mail address and password.

By registering with the Website the Customer represents and warrants that all data and personal information provided are complete, truthful and accurate and undertakes to keep the registration data up to date.

The e-mail address and the password are used as authentication credentials that allow the Customer to access all the functionalities of the Website and to proceed to purchase products displayed on the virtual showcase. All purchases made through the authentication details are deemed to be made by the registered Customer.

Once the registration process is completed, the Customer agrees to be the solely responsible for all activities carried out under the account and password, and undertakes to keep the details confidential. The Customer also agrees to be directly liable for any damages and/or loss caused to Hevik and/or third parties for the misuse and/or loss of the authentication details/ credentials.

In the event of unauthorized use or other breach of security of his account, the Customer must immediately notify Hevik through Customer Service available by clicking here.

The Customer may make a purchase as a "guest", i.e. without registering with the Website. In this case, the information provided by the Customer will be used only to fulfill the order.

Hevik reserves the right to terminate, at its sole discretion and at any time, the agreement with the Customer in case of improper use of the Website or breach of these Terms of Sale, without any obligation to inform the Customer of the reasons for this decision and without incurring any liability to the Customer.

4. PURCHASE PROCESS

To place an order for the purchase of one or more products on the Website, the Customer shall select the products individually and add them to the cart. Once he has selected the product(s) he intends to purchase, the Customer will see view in the shopping cart the summary of the selected products, their main characteristics, the respective price (VAT included) and delivery charges The Customer may close the cart and proceed with the purchase by clicking "CHECKOUT".

During the process of submitting an order, Hevik offers several payment methods, such as payment by various credit cards (CartaSì, Visa Electron or MasterCard) or "Paypal".

The Customer must indicate the payment method which he intends to use.

The Customer submits an order by clicking the "PAY" button. The submission creates a payment obligation on the Customer and a Contract is created between the parties subject to these terms and conditions.

Before proceeding with purchase the Customer will be requested to carefully read and accept these Terms of Sale and the Policy on Processing of Personal Data, a copy of which may be printed or saved in pdf format.

Upon receipt of the order Hevik shall send an e-mail confirmation of the order containing a summary of the purchased products and the information related to the shipment in accordance with the provision under paragraph 6 below.

If, for any reason, one or more products is not immediately available, Hevik will promptly notify the Customer and shall make a refund via the same payment method used by the Customer for making the payment.

The purchase is subject to the right of cancellation set out in paragraph 7 below.

The Customer may view his order at any time by logging in to the personal page of the Website, in the section "My Orders".

5. PAYMENT

Before clicking on the button "PAY", the Customer will be requested to provide his credit card details or the details necessary to make payment via "Paypal". This data (in particular the credit card number and expiration date) will be directly handled by the credit card provider or or Paypal and will not be accessible to third parties. The data will only be used to (i) complete the purchasing process; (ii) make the relevant refund(s) in the event of cancellation ; (iii) comply with a request from the authorities; (iv) prevent or report to the police the commission of fraud on the Website.

6. DELIVERY

Hevik would like to inform you that shipments will stop for Christmas Closing from 20th December to 7th January included. Your orders will be shipped out starting from 8th January 2020.

Hevik will arrange delivery of the purchased products to the address specified by the Customer at the time of order submission by courier. Hevik will not be responsible for any errors in the delivery due to inaccuracies or incompleteness in the filling of the order form by the Customer.


Delivery of the products shall be made within a period of no more than six (6) working days of the sale contract.

Hevik delivers all over the UK . If the Customer purchases a product by accessing the Website from a foreign country, he must indicate a UK address for delivery.

In the event that any product purchased , is unavailable, Hevik shall notify the Customer within three (3) working days of the purchase to the e-mail address specified at the time of registration with the Website.

The Customer can then agree to the extended delivery date or terminate the purchase contract and Hevik shall refund the Customer the price and delivery charges via the same means with which the Customer made the payment.

In the case of multiple orders, the refund shall be limited to the sole price and delivery costs specifically related to the unavailable product.

7. CANCELLATION

The Customer, may within fourteen (14) calendar days of the purchase (the "Cancellation Period") of the product - or in the case of multiple products purchased through a single order and delivered separately, from the delivery of the last item - to cancel the order

A) Procedures for exercising the right of Cancellation

If the customer cancels the order he must inform Hevik, before the expiry of the Cancellation Period of his intention to cancel by filling in and electronically sending the form which can be found at the following link or by sending a clear statement by registered mail to Hevik at: via Don Arcangelo Tadini no. 33, 25125, Brescia or by email at info@hevik.com.

In case of use of the online form or of delivery of the declaration by e-mail, Hevik will by e-mail to the address indicated at the time of registration, confirm receipt of the cancellation notice In all other cases, the onus of proving proper and timely exercise of the right of cancellation shall be on the Customer.

B) Return and refund

Once the right to cancellation is exercised, the Customer shall return the products in the original packaging, properly packaged, within fourteen days from the date on which cancellation was communicated to Hevik. The cost of returning the products shall be borne by the Customer.

Upon receipt of the returned products, Hevik shall verify compliance with the requirements of the cancellation rights and shall send the Customer an e-mail acceptance.

Should the returned products show damage or signs of wear and tear resulting from handling of the products (other than to establish the nature, characteristics and functioning of the same) Hevik may retain, as compensation, an amount equal to the relevant diminution in value. The relevant amount will be specified in the e-mail of acceptance.

Hevik shall refund the price of the product - including the delivery costs,-within fourteen days from receipt of the communication by which the Customer demonstrates that he returned the goods to Hevik, or the actual return of the goods, whichever first occurs.

The refund shall be made using the same payment method used by the Customer for the purchase of the returned products.

If the recipient of the products indicated in the order is not the same person who made the payment, reimbursement of the sums will be made to the person who made the payment..

Hevik reserves the right to withhold reimbursement until it has either received the products or the Customer has demonstrated that he has returned the same. .

C) Exceptions to the right of Cancellation

The right to cancel may be exercised in connection with the purchase of any product sold on the Website with the exception of sealed goods which cannot be returned for hygiene reasons or reasons related to the protection of health.

Additionally, the right to cancel may no longer be exercised if the Customer has removed the label applied to the product and/or used or washed the products.

8. RETURNS POLICY

In case of the exercise of cancellation in accordance with paragraph 7 above, the Customer shall return the product in the original packaging in which it was delivered, suitably packed.

Upon receipt of the online form or of the registered letter referred to in paragraph 7 by which the Customer expresses his intention to exercise the right of cancellation , Hevik Customer Service shall open a file and assign a code that will be communicated to the Customer at the e-mail address indicated when registering with the Website and that shall be referred to on the transportation documents (D.D.T.).

In the case of Customers who are not registered with the Website, the above shall be communicated to the email address provided at the time of exercise of the right of cancellation. .

The D.D.T. must contain the number of the original invoice containing the item being returned.

The cost of returning the products shall be entirely borne by the Customer.

9. WARRANTY

All Products are covered by a two year warranty against defects. Where any defect occurs after a period of more than 6 months after delivery of the Product(s) the onus of demonstrating that the Product is defective is on the Customer.

Any defects which occur within this warranty period shall be made good by Hevik by repair or the supply of a replacement product at no cost to the Customer .

This warranty shall not affect the Customers statutory rights.

As an alternative to repair or replacement the Customer may, at his option, request a reduction of price or termination of the contract if any of the following situations occurs:
a) the repair and replacement are impossible or excessively burdensome;
b) Hevik has failed to repair or replace the goods within a reasonable period of time;
c) the replacement or repair previously carried out cause significant inconveniences to Customer.
Any price reduction shall take into account the use that the Customer has made of the product. A minor lack of conformity for which it is not possible or is too costly to implement the remedy of repair or replacement, does not give the right to terminate the contract.

The Client must notify Hevik of the defect within a period of two months from the date on which it is discovered.

Hevik recommends that the customer retains the purchase proof included in the packaging, as well as the documents confirming the shipment and delivery of the product.

Any claim of a defect or non implementation of the sale contract must be communicated to Hevik at the e-mail address ecommerce@hevik.com or by registered mail to: via Don Arcangelo Tadini no. 33, 25125, Brescia.

Hevik will not accept claims or complaints by telephone.

In the event of a suspected defect, the Customer should contact the Customer Service at the following link A file will be opened and a code for the free repair or replacement of the defective product will be assigned and communicated to the Customer at the e-mail address indicated when registering with the Website. That must be included on the (D.D.T.).

Where the Customers is not registered with the Website, the above code will be communicated to the e-mail address provided to Customer Service.

The Customer shall return the product within 30 days of receipt of such notice. Hevik shall carry out the relevant repairs or replacements within a reasonable time after receipt of the product. .

For more information on the formalities for the return if the goods or for requesting repair or replacement of the purchased product, contact Customer Service at the following link.

10. LIMITATION OF LIABILITY for use of Website

Hevik does not warrant that the Website is free of defects, errors, bugs, interruptions or failures.
Due to factors outside Hevik’s control) certain materials and/or information on the Website may be inaccurate, as well as the software programs that support the Website may contain failures, viruses or other harmful elements. Hevik shall not be liable for any damages arising to the Customer from the use of the Website and for the functionality of the same. The Customer assumes full responsibility for any losses, costs or damages, direct or indirect and of any kind and entity, arising from use of the Website.

The Customer agrees that Hevik is not liable for loss or damage arising from minor deviations between the purchased products and the pictures, the information or the descriptions on the Website related to these products; and the delay in the delivery of the purchased products due to lack of stock.

11. CUSTOMER SERVICE

It is possible to obtain more information on the services provided by Hevik by contacting Customer Service at the number 030 2686999 (from Monday to Friday from 8.30 to 12.00 and 14.00 to 17.00 hours), or by sending a written request to the address ecommerce@hevik.com.

12. COPYRIGHT

The Website and all materials made available, including but not limited to texts, images, wallpapers, audio and video files, trademarks, logos, drawings, information, and any other material published in any format, including the menus, web pages, graphics, colors, schemes, fonts, web site design, software are the property of Hevik and are protected, inter alia, by Italian and international intellectual property laws and laws relating to rights on databases.

The reproduction, publication, transmission, copying, extracting, use, carrying out of derivative works and distribution, in whole or in part and in any form, of contents and materials on the Website, for whatever purpose, is not permitted without the written consent of Hevik. The Customer has no right of resale or commercial or derivative use of the Website and of the contents posted therein.

The possibility of copying or downloading the content of the Website does not grant the Customer any right, title or interest in the downloaded or copied material and/or software.

13. AMENDMENTS TO THE TERMS OF SALE

Hevik reserves the right to amend the Terms of Sale at any time . The amended Terms of Sale shall be effective from the date that they are published on the Website and shall apply to all orders made on or after that date. .

In the event that any provision of these Terms of Sale is deemed invalid, void, unenforceable this shall not affect the validity of the remaining provisions which shall remain valid

14. JURISDICTION AND GOVERNING LAW

These Terms of Sale are governed by and shall be construed in accordance with English law.

Any dispute concerning or arising out of these Terms of Sale shall be referred to the English courts .

15. CONTACT DETAILS

Hevik S.r.l.
Via Don Arcangelo Tadini no. 33
25125, Brescia
VAT no. 03544950987; CCIAA/NREA: BS / 543192.
tel. +39 030 2686999
facsimile +39 030 3581444
E-mail account:
ecommerce@hevik.com




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