General Terms and Conditions of Sale with reference to the E-marketplace www.hello-tools.com

1. INTRODUCTION

These General Terms and Conditions of Sale (hereinafter also referred to as GTCS) exclusively govern commercial relations between I-Tool S.r.l. and VAT-registered companies that register with and purchase from the E-marketplace www.hello-tools.com.

Prices are ex-warehouse, excluding VAT, and include standard packaging.

By placing an order on the website, the customer declares to have read these General Terms and Conditions of Sale, the proposed payment methods and the entire purchasing procedure.

Orders are processed with the material available, and any outstanding items will be recorded.

No carriage paid shipments will be made for outstanding items. The cost of shipping by express courier will be communicated in the order confirmation stage.

Goods are transported at the customer’s risk, even if sent carriage paid and charged on the invoice. In the event of damage, theft or loss of the shipment during transport, any complaints shall be addressed to the carrier, who is directly responsible.

On delivery, it is recommended to check the integrity of the packaging and that the identifying data on our delivery note correspond to the shipment. In the event of discrepancies, a written reserve is to be communicated to the carrier.

 

2. DELIVERY TIMES

Delivery times for goods ordered vary depending on the order placed by the customer (in particular on the availability of the goods included in the order) and the delivery method chosen.

Delivery times and terms are indicative, are in no way binding for I-Tool S.r.l. and shall therefore not constitute grounds for dispute or compensation, unless otherwise agreed in writing with I-Tool S.r.l. on placing the order.

Orders delivered via express courier will be delivered within a period of between 1 and 5 working days from the moment the order is placed or from the moment in which products not currently in stock are once again available. 

PLEASE NOTE

During the summer holiday period (for the month of August) and during the Christmas and Easter holidays, communications will be issued regarding the timing and handling of shipments.

 

3. RECEIPT OF GOODS

Upon delivery of the goods, the customer is obliged to check that the number of packages delivered corresponds to the number indicated on the transport document, and that the packaging, including sealing tape, is intact and not altered.

In the event of tampering and/or breakage, the customer must immediately report the shipment and/or delivery by applying the words “goods subject to control for (...)” (stating the reason) on the delivery note received from the courier or other operator.

The customer will subsequently be required to report any damage within 8 (eight) days of receipt of the goods in accordance with the procedures of the operator chosen for shipment and/or delivery.

In the event that, within 5 (five) working days, the customer does not collect the goods ordered and held at the warehouses of the courier and/or I-Tool S.r.l. due to the repeated impossibility of delivery to the address indicated by the customer at the time of the order, said order will be cancelled.

The purchase of products via the website can only take place following registration on the website itself, which is only permitted to users with a VAT registration number.

In the event of orders, regardless of who they have been made by, that are anomalous in terms of the quantity of products purchased or the frequency of purchases made, I-Tool S.r.l. reserves the right to take all necessary action to cease said irregularities, including suspending access to the website, cancelling registration to the website, or cancelling or refusing to accept anomalous orders.

Lastly, I-Tool S.r.l. reserves the right to refuse or cancel orders:

●        from a user with whom it has an ongoing legal dispute.

●        from a user who has previously breached these GTCS and/or the terms and/or conditions of the purchase agreement with I-Tool S.r.l.

●        from a user who has been involved in fraud of any kind and, in particular, in credit card payment fraud.

●        from users who have provided false, incomplete or otherwise inaccurate identification data.

 

4. REGISTRATION ON THE WEBSITE

Registration on the website is free of charge. In order to register on the website, VAT-registered users must fill in the dedicated form, providing their name, surname, email address, Tax Code, VAT number and a password, and then click on the “create and account” button. 
Registering on the website allows the user to access a reserved and personal area and carry out, among others, the following activities:

●        check order status.

●        consult their order history.

●        take advantage of any current promotions.

●        access after-sales services.

●        manage their personal data and modify said data at any time.

●        take advantage of dedicated services that may be activated by I-Tool S.r.l. from time to time.

Registration credentials (email address and password) are to be used exclusively by the user and may not be passed on to third parties. The user undertakes to keep said credentials confidential and to ensure that no third party has access to the same, and to inform I-Tool S.r.l. immediately if they suspect or become aware of any undue use or disclosure thereof. Each user is only allowed to register on the website once. It is forbidden for the same user to make multiple registrations. Should I-Tool S.r.l. discover that a single user has made multiple registrations on the website, I-Tool S.r.l. reserves the right to immediately proceed, without prior notice, to block the relative account.

The user guarantees that the personal information provided during the website registration procedure is complete and truthful and undertakes to indemnify and hold I-Tool S.r.l. harmless from any damage, obligation for compensation and/or sanction deriving from and/or in any way connected to the user’s violation of the rules regarding website registration or the storage of registration credentials.

 

5. RIGHT OF WITHDRAWAL (EXCLUSION)

The right of withdrawal is governed by the Consumer Code and exclusively concerns remote sales between professional sellers and non-professional private consumers and is therefore excluded and does not apply to VAT-registered users/customers.

 

6. FUNCTIONING OF THE E-MARKETPLACE

In accordance with Italian Legislative Decree no. 70 of 9 April 2003, containing provisions regarding electronic commerce, I-Tool S.r.l. hereby informs the user that:

●        in order to conclude the contract for the purchase of one or more products from the website, the user must complete an electronic order form and send it to I-Tool S.r.l. telematically, following the instructions that will be published on the website as and when necessary.

●        the contract is to be deemed concluded when the order form reaches the server of I-Tool S.r.l.

●        before proceeding with the sending of the order form, the user may identify and correct any data entry errors by following the instructions on the website at the various stages of the purchase process.

●        The order form will be stored in the I-Tool S.r.l. database for the time necessary for its fulfilment, and in any case, in compliance with the law. The user will be able to access the order form and/or relative data via their personal account.

The language available to users for the conclusion of the contract is English. Customer Service is able to communicate with users in the same language.

The products available for purchase from I-Tool S.r.l. via the website are those present in the electronic catalogue published on the website at the time the order is placed.

With regards to the availability of products, the following should be noted.

Product available

When a product is “available”, it means that the product is available from I-Tool S.r.l. and is therefore ready for shipment, unless, due to exceptional and unforeseeable events, the product is unsuitable for sale because, at the moment of collection from the warehouse, it proves to be missing or damaged and therefore cannot be shipped, and there are no other identical products available for shipping.

By completing the purchase process, the customer has immediately and effectively purchased the product, as indicated on the website.

Product with limited availability

The product is “available” but in a quantity of 5 or less items; the order will be processed in full if it is for a quantity of products that is lower than the number of products available, unless otherwise specified by the customer.

Unavailable product

The product is not in stock but can be “ordered with confirmation of availability”; this means that the product is not held in stock by I-Tool S.r.l. but can be ordered by I-Tool S.r.l. from its suppliers within approximately 15 working days. I-Tool S.r.l. will confirm the effective delivery date.

By completing the purchase process, the user instructs I-Tool S.r.l. to order the product from its suppliers in order to verify availability and, in the event that the product proves to be available, authorises I-Tool S.r.l. to proceed with the purchase of the product, or to cancel the order in the event that said product proves to be unavailable.

Availability will be verified within a period of approximately 7 working days from receipt of the order.

In the event of an order for “available products”, I-Tool S.r.l. will send the user an email confirming receipt of the order and containing the identification number assigned to said order.

In the event of an order for “unavailable products”, and in the event that said products prove to be unavailable from its suppliers, I-Tool S.r.l. will send the user a second email within approximately 7 (seven) working days from receipt of said order informing the latter that said products are unavailable. Said communication will be followed by a full refund of any price already paid by the customer at the time of the order, in accordance with the method of payment used by the customer.

I-Tool S.r.l. stresses that the time required for said refund and/or release does not depend on I-Tool S.r.l., who, once the refund/release order has been given, cannot therefore be considered in default or responsible for delays in refunds/releases attributable to the credit institution or to PayPal.

In the event of a positive outcome to the product availability check, the customer will receive an email confirming shipment of the product.

The status of available products is monitored and updated. However, since the website may be visited by multiple users simultaneously, it is possible for more than one user to purchase the same product at the same time.

In this case, the product may, for a short time, be shown as available despite actually being out of stock or not immediately available, as restocking is required.

In the event that the product is no longer available for the aforementioned reasons, or for other reasons of product unavailability, I-Tool S.r.l. will immediately notify the user by email. The user may then immediately terminate the contract or, alternatively, accept one of the following proposals from I-Tool S.r.l:

●        In the event that the product can be restocked, an extension of the terms of delivery, with an indication of the new terms of delivery for the restocked product.

●        In the event that the product cannot be restocked, the supply of a different product of equivalent or higher value, subject to payment, in this case, of the difference in value and subject to the express acceptance of the user.

The email advising product unavailability will also provide indications of the different options available to the user. The user must inform I-Tool S.r.l. of their decision by email, using the address indicated in the aforementioned email communication, or by another method that ensures receipt, by the deadline specified in the aforementioned email communicating unavailability, which may differ, for example due to the type of product, but which, in any case, will not exceed 30 calendar days from the sending of the order, unless otherwise agreed between I-Tool S.r.l. and the user by email. In the event that the user exercises the right to termination, or in the event that the user, having been informed of the unavailability of products and of their consequential alternatives, fails to inform I-Tool S.r.l. of their chosen action within the deadline specified in the email communicating unavailability or within the deadline agreed, and payment has already been made of the total amount due, consisting of the price of the product, delivery costs, if applicable, and any other additional costs as per the order, I-Tool S.r.l. will refund the total amount paid without undue delay.

Each product is accompanied by a relative product information sheet. The images and descriptions on the website represent the characteristics of the products as faithfully as possible. The colours of the products may, however, differ from the actual colours due to the settings of the computer systems or computers used by users to view the same. 
Images of products on the site may also differ in size or in relation to any accessory products. These images are therefore to be considered as indicative and viewed with a reasonable level of tolerance.

For the purposes of the purchase contract, reference will be made to the product description contained in the order form sent by the user.

All product prices published on the website are in Euro and exclusive of VAT. Delivery costs, which may vary in accordance with the delivery destination, the delivery method chosen and/or in relation to the payment method used, will be specifically indicated (again in Euros and excluding VAT) during the purchase process, before the user is bound by the contract, in the order summary and then in the order confirmation email.

I-Tool S.r.l. reserves the right to change the price of products at any time and even, if necessary, several times in one day. It is understood that the price of the product to be charged to the user will be the price indicated in the order summary viewed by the user before the order is placed, and that no account will be taken of any variations (either increases or decreases) after the order has been placed.

The purchase contract is strictly dependant on the payment of the total amount due from the customer. In the event that said payment does not take place, or is unsuccessful, the contract will be deemed to have been legally terminated.

The user will be immediately notified of said termination and the consequential cancellation of the order by email or by any other equivalent means.

Goods are transported at the customer’s risk, even if sent carriage paid and charged on the invoice.

In the event of damage, theft or loss of the shipment during transport, any complaints shall be addressed to the carrier, who is directly responsible.

Payment for products purchased via the site can be made using the payment methods described as follows. Certain payment methods may not be available due to the type of product purchased and/or the delivery or shipping method chosen. In the event that one of these methods is unavailable for a specific product or order, this will be clearly indicated on the website at the latest on commencement of the purchase process. Payment methods that are unavailable will, in any case, not be made available to the user during the relative step in the purchase procedure (“Choose payment method and continue” or similar).

Payment for products purchased on the website can be made via PayPal. The customer will be redirected to www.paypal.it where they will make payment for the products in accordance with the procedure provided for and governed by PayPal under the terms and conditions agreed by the user with PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with I-Tool S.r.l.

In the event of payment via PayPal, the total amount due will be charged by PayPal to the user on conclusion of the online contract. In the event of termination of the purchase contract and in any other case of refund for whatever reason, the sum of the refund will be credited to the user’s PayPal account. The time necessary for refunds to be made to the method of payment connected to the aforementioned account depends exclusively on PayPal and/or the banking system. Once the refund has been ordered in favour of the aforementioned account, I-Tool S.r.l. cannot be held responsible for any delays or omissions in the amount refunded to the user, and any relative complaints must be made directly to PayPal.

The E-marketplace also accepts credit card payments (via Stripe). Other “traditional” payment methods such as bank transfer, cash on delivery, etc. are not available.

I-Tool S.r.l. is not, in any case, able to become aware of, and will not store in any manner, the data regarding the user’s credit card or the data regarding any other method of payment used by the same user from among those indicated above as accepted by the E-marketplace.

Shipping is made in the following countries: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, France, Germany, Ireland, Italy, Luxembourg Madeira, Malta, Holland, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.

At the moment of dispatch, an email will be sent to the user specifying the tracking number with which the user may monitor the status of the shipment.

Delivery is subject to charge and, unless otherwise provided for, delivery costs shall be borne by the user. The amount of the delivery costs payable by the user with regards to a specific order is expressly and separately indicated (in Euro and excluding VAT) during the purchase process, in the order summary and, in any case, before the user proceeds with transmission of the order.

The total price of the order will be indicated in the order summary and, therefore, before the user proceeds with transmission of the order, with a separate indication of the delivery costs and any other additional costs. This total, which will also be communicated to the user in the order confirmation email, will constitute the total amount owed by the user in relation to the product. I-Tool S.r.l. will issue an invoice for each sale made on the website and said invoice will be available from the reserved area of the website. The information provided by the user when placing the order via the website, and which the user warrants to be true, shall be used to issue the invoice. No changes may be made to the invoice once it has been issued. The user undertakes to indemnify and hold I-Tool S.r.l. harmless from any damage that may be caused to the same, including any penalties, in the event that the data provided by the user via the website for the issue of the invoice proves not to be true.

The delivery of products purchased on the website may be made, at the user’s choice, to the postal address specified by the user on the order form (“home delivery”).

In the event that the user chooses home delivery, the products purchased on the website will be shipped and delivered to the postal address indicated by the user on the order form. Home delivery will be made by courier, with indication of the relevant costs, terms and conditions during the purchase process and before the user proceeds with placing the order.

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The user acknowledges that they are obliged to take consignment of the product. In the event of non-consignment due to the absence of the recipient, the courier will leave a notice to document that delivery has been attempted. Said notice will also contain the contact details with which the user may contact the courier in order to arrange redelivery or collect the package. If delivery of the package is unsuccessful, it will be held by the courier. The user is obliged to collect the package within 3 calendar days from the second day after the day on which the notice was left. In the event that the user fails to collect the product within said period, the purchase contract will be deemed to be legally terminated, pursuant to and for the purposes of Article 1456 of the Italian Civil Code. Within 15 working days after termination of the contract, I-Tool S.r.l. will therefore proceed to refund the total amount due, if already paid by the user, after having deducted the costs of unsuccessful home delivery, storage costs, costs for the return of the goods to I-Tool S.r.l. and any other costs it may have incurred due to non-delivery caused by the absence/unavailability of the recipient.

The user is obliged to point out any particular characteristics regarding the place of delivery of the product and/or its location, by entering a note to the order in the space provided for this purpose at the end of the purchasing process and before sending the order. In the event that the user fails to provide said information or provides incorrect information, it shall bear any additional costs that I-Tool S.r.l. is forced to incur on the carrier’s request in order to complete delivery of the product.

During the purchase process, before the user transmits the order, indication will be provided of the terms and conditions under which I-Tool S.r.l. undertakes to deliver the products specified in the user’s order, taking into account not only the area and method of delivery, but also the eventuality that the user has purchased multiple products with the same order. Delivery terms commence from the conclusion of the contract, unless otherwise stated. The delivery date for the specific order, in any case indicative, will also be indicated in the order confirmation. 

It is the responsibility of the user to verify the condition of the product delivered to the same. The user is advised to check the number of packages/products received and to ensure the packaging, including the sealing materials (adhesive tape or plastic or metal strapping), is intact, undamaged, not wet or in any way altered, and is invited, in their own interests, to indicate on the carrier’s transport document any anomalies, accepting the package with reserve. Receipt of the products without reserve does not entitle the user to take legal action against the courier in the event of loss of or damage to the products, except where said loss or damage is due to wilful misconduct or gross negligence on the part of the courier and with the exception of partial loss or damage not identifiable at the moment of delivery, provided that in the latter case, said damage is reported as soon as it is discovered and no later than 8 days after receipt. In the event that the packaging shows clear signs of tampering or alteration, the user is also advised to promptly inform I-Tool S.r.l. Customer Services.

Users who fail to take consignment of deliveries for 2 or more times for different orders will be banned from making further orders on the website. In the event that said persons place orders in violation of this provision, the purchase agreement may be considered legally terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code. Termination of the contract will be communicated to the customer by email.

It is possible to request information, send communications or file complaints by contacting the customer service department of I-Tool S.r.l. (“Customer Service”) via the following methods/contact details:

●        By email to the address info@hello-tools.com.

●        by post to I-Tool S.r.l., with registered offices in 20122 Milano, Corso di Porta Vittoria n 18.

●        via the website, by accessing the “Contact” section.

I-Tool S.r.l. will respond to complaints by email or post within a maximum of 15 days from receipt.

 

7. RETURNS

The user may not exercise any right of withdrawal .

I-Tool S.r.l. may make substitutions with products of the same type (where available) if the products received present defects of conformity with respect to the sales contract, pursuant to the legal warranty.

To start the procedure for returning an article, the customer can use the relative section on the website, which can also be found at the following link: hello-tools.com/world/returns-good.

Once the list of products purchased by the customer is displayed, the customer may select the item to be returned and may, via a drop-down menu, choose the reason for return:

●        The article sent is incorrect.

●        An article that was not ordered has been received (no refund necessary).

●        The article is defective or does not function.

●        The product and its shipping packaging are both damaged.

In compliance with the aforementioned conditions, returns will be accepted by I-Tool S.r.l. on the condition that returned products are complete, whole and unused.

In the majority of cases, refunds are credited within 7 working days from the moment in which the returned item has reached the I-Tool S.r.l. logistics centre. Approximately 2 weeks may elapse between the date on which the customer returns the item and the date on which I-Tool S.r.l. receives the same at its returns centre.

Return charges may vary depending on the quantity, size and weight of the items. I-Tool S.r.l. offers different return methods depending on the product to be returned. When the customer creates a return label through the returns management section of the website, the system will always show the return costs and return options available.

Legal warranty

If an article purchased is defective or does not comply with the description on the website, you have the right to free repair or replacement, or to a refund of the price paid to the seller. Legal warranties are applicable in the event of nonconformities that emerge within 12 months of the date of consignment of the product.