TERMS & CONDITIONS

1) DEFINITIONS

1.1. These general conditions of sale apply to the purchase of products offered for sale by HOMPLEMENT S.R.L., based in MILAN (MI), via Abbondio Sangiorgio n. 13, registered with the Chamber of Commerce of Milan Monza and Brianza under no. REA MI-2581168 of the Business Register, tax code no. 11131300961 VAT number no. 11131300961 (hereinafter «Seller»), through the e-commerce site www.homplement.com (hereinafter the "Site") by users qualifying as "Consumers" as better identified in art. 1.2.

1.2. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Under no circumstances will resellers, wholesalers or, in general, anyone who intends to purchase the Products for the purpose of subsequent resale, be able to make purchases on the Site. Subjects who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a subject that cannot be qualified as a Consumer, the rules established by Italian law for such subjects will apply. In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have the ability to act, which the Consumer declares to possess. Any costs for Internet connection to the Site, including telephone costs, according to the rates applied by the operator selected by the Consumer are the exclusive responsibility of the Consumer. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address homplement@gmail.com .

1.3. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer. The execution of the purchase order through the website www.homplement.com involves total and absolute knowledge of these general conditions of sale and their full acceptance: by forwarding the purchase order through the Seller's website, the consumer unconditionally accepts, and undertakes to observe in his relations with the Seller the present general conditions of sale, as well as the payment conditions illustrated below, declaring that he has read and accepted all the indications provided to him, and also acknowledges that the Seller does not consider himself bound by conditions other than these unless previously agreed in writing. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales completed as of that date.

2) OBJECT OF THE CONTRACT

2.1. The online sales contract is the purchase contract relating to the Seller's tangible movable property, entered into between the latter and the Consumer as part of a distance selling system using telematic tools, organized by the Seller and implemented in full compliance with the relevant legislation of distance selling and in particular to the articles 45 et seq. of the Consumer Code (Legislative Decree No. 206 of 6/9/2005 and subsequent amendments).

2.2. The Products are sold with the characteristics described on the Site www.homplement.com and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term. The essential characteristics of the Products are presented on the Site within each product sheet. However, the images and colors of the products offered for sale on the Site may change and/or not correspond to the real ones due to the internet browser and monitor used.

2.3. The prices, the Products for sale on the Site and/or their characteristics are subject to change without notice. These variations operate only for orders not yet confirmed on the date of the variation itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.

2.4. The Site can be accessed by users from all over the world and the Site may contain references to Products that are not available or cannot be purchased in the Site visitor's country.

2.5. The Products available on the Site can only be purchased by users who request delivery in one of the States indicated on the Site.

3) METHOD OF PURCHASE OF THE PRODUCTS - PERFORMANCE OF THE CONTRACT

3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. The order of the product is carried out in the following ways: the Products presented on the Site in the e-commerce section can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the Products selected, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, the contents of which he can modify: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box present on the Site and finally, through the "Confirm order with obligation to pay" button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller. The Consumer will also be asked to choose the shipping times and the payment method, among those available. If the Consumer decides for the immediate payment method (simultaneous with the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be debited exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.

3.3. The purchase order sent by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller , is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

3.4. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller when registering on the Site or when sending the order if the Consumer is not registered on the Site , an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes and the description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at 'address homplement@gmail.com.

3.5. Each contract for the purchase of the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail. Once the payment has been credited and the actual availability of the requested goods in the warehouse has been verified, the Seller will arrange for shipment within thirty days.

The Seller reserves the right to evaluate the acceptance of the orders received. It will inform the Consumer of any impossibility to accept the order, within 30 days, starting from the day following the day on which the Consumer sent the same to the Seller and will refund any sums already paid by the Consumer, in relation to it . To issue the invoice, the information provided by the Consumer when placing an order will prevail. No variation of the invoice will be possible after its issuance. When ordering, it is necessary to indicate if the shipping address is different from the billing address.

4) PRICES

4.1. All sales prices of the products displayed and indicated on the website  www.homplement.com are expressed in euros and include VAT. and any other tax.

4.2. Shipping costs, although not included in the purchase price, are charged to the Consumer and indicated and calculated in the purchase procedure before the Consumer forwards the order. The Consumer undertakes to pay the shipping costs to the Seller in addition to the price indicated on the Site.

4.3. In compliance with the provisions of art. 51 co. 7 of the Consumer Code, the Consumer receives, after the conclusion of the contract, written confirmation of the product ordered, its price, the total amount of the order and, within the General Conditions of Sale, information on the existence of the right of withdrawal, with indication of the times and methods for returning the goods, the address for submitting any complaints, information on assistance services, on existing legal and commercial guarantees.

4.4. If the Products are to be delivered to a country that does not belong to the European Union, the total price indicated in the order and reiterated in the order confirmation, inclusive of indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered . The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the products.

4.5. Any additional costs, charges, taxes and/or duties that a given country may apply, for whatever reason, to the Products ordered on the basis of these general conditions of sale are the exclusive responsibility of the Consumer.

4.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the previous paragraphs, when sending an order to the Seller, cannot constitute grounds for termination of this contract and that he cannot in any way charge the aforementioned charges to the Seller.

5) PAYMENTS

5.1. The payment of the price of the Products purchased through the Site must be made within the essential deadline. of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the Product(s) purchased is credited to the Seller's current account. In the event that, for whatever reason, the debit of the amounts due by the Consumer does not take place, the sales process will be canceled and the sale cancelled.

5.2 In the event that the Consumer, when placing the order, had indicated that he wanted to pay by bank transfer, the same can use the bank details that will appear on the screen when choosing the method of payment by bank transfer . The payment must reach Homplement S.rl. over the next 10 days. The products will be prepared for shipment as soon as the payment has been received: if the payment has not been received within 10 days, the order will be considered cancelled.

5.3 Any refund to the Consumer will be credited, by bank transfer to the coordinates that will be sent by the Consumer, in a timely manner and, in case of exercise of the right of withdrawal, with the times and methods indicated in the following article 9.

5.4 All communications relating to payments take place on a special protected line of the Seller. The Seller guarantees the storage of this information with an additional level of protection and in compliance with the provisions of current legislation on the protection of personal data with particular reference to the GDPR 2016/679.

6) TIMES AND METHODS OF DELIVERY

6.1 The Seller will deliver the selected and ordered products to the Consumers, by means of trusted couriers and/or shippers, to the address indicated by the Consumer when registering the payment for the relative order.

6.2. In compliance with the regulatory provisions of art. 61 of the Consumer Code, the Seller will place the order for the products no later than 30 days from the date of receipt of the purchase price, unless the Seller communicates - within the same term - the non-acceptance of the order.

6.3. Delivery times (except for causes not directly attributable to the Seller) can vary from a minimum of five to a maximum of thirty days from receipt of the credit of the order price. For compliance with the maximum delivery term, the date relating to the first attempt by the courier to deliver the goods to the recipient's address is considered valid (even if delivery does not take place due to the absence of the recipient or due to his refusal of the goods ).

6.4 In the event that, at the time of delivery, the external appearance of the package presents imperfections, the Consumer or the person who received the product must proceed to open the package itself in the presence of the carrier, to check the condition of the product contained therein. In the event that the product is damaged, the Consumer (or in any case the recipient) must detail all the damage found in writing on the delivery note. Any complaints must be forwarded in the manner provided for in article 9 below.

7) PRODUCT AVAILABILITY

7.1 Product availability is subject to change depending on customer orders.

7.2 If an order should exceed the quantity existing in the warehouse, the Seller, by e-mail, will notify the Consumer, within the terms set out in this contract, if the good can no longer be booked or what are the waiting times to obtain the chosen good , asking if he intends to confirm the order or not.

8) LIABILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS

8.1. The Seller assumes no responsibility for disservices attributable to force majeure and/or unforeseeable circumstances, such as accidents, thefts, robberies of the courier in charge of the delivery, fires, explosions, strikes, lockouts, earthquakes, floods and other similar events which prevent, in in whole or in part, to execute the order within the times and in the manner established by the contract.

8.2. The Seller cannot be held responsible towards the Consumer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its sub-suppliers.

8.3. Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Consumer following the non-execution of the contract for reasons not attributable to him, the Consumer having the right only to the full refund of the price paid, minus the shipping costs.

8.4. The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it demonstrates that it has adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

8.5. As regards any damage caused by defects in the Products, the provisions of the European directive 85/374/EEC and the Italian legislative decree n. 206/2005 (Consumer Code). The Seller, in his capacity, frees himself from any liability, none excluded and/or excepted, by indicating, at the request of the damaged Consumer, the identity and domicile of the relevant product manufacturer.

9) RIGHT OF WITHDRAWAL

9.1. Without prejudice to the exceptions referred to in article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded pursuant to these general conditions of sale, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from when (i) the product was delivered or (ii) in the case of the purchase of several products delivered separately with a single order, the last product was delivered.

9.2. To exercise the right of withdrawal, the Consumer is required to inform the Seller, by means of a signed express declaration, sent by registered mail to HOMPLEMENT S.R.L. Milan (Mi), via Abbondio Sangiorgio n.13 or certified mail to the address  homplement@pec.it of the decision to withdraw from this contract.

9.3. The Consumer will receive an email confirming the withdrawal, containing, in the event that he has already received the ordered product in the meantime, the return form to be included in the package, and the instructions for returning the product, to be sent within no later than the next 14 days.

9.4. If the Consumer withdraws from this contract, all payments he has made to the Seller will be refunded, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery standard offer), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. In any case, the costs for any duties or additional taxes for returning the Product to the Seller will be borne by the Consumer. The refund is suspended until Homplement S.r.l. receives the goods. Said refunds will be made by bank transfer to the coordinates that will be indicated by the Consumer, who, in any case, will not have to incur any costs as a result of this refund.

9.5. The products must be returned by registered and insured mail complete with all the original packaging (boxes, accessories, tags, protections, etc...) together with the carefully completed delivery note.

9.6. In compliance with the art. 54 co. 4 of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal remains with the Consumer. The Consumer will also be responsible for the timely return of the goods.

9.7. Pursuant to article 57, paragraph 2, of the Consumer Code, the Consumer is responsible for the decrease in the value of the products due to handling other than that strictly necessary to evaluate their nature, characteristics and effective functioning.
Therefore, if the products returned by the Consumer are damaged, incomplete, deteriorated and/or dirty or in any state that unequivocally suggests that the products have been used, in such a way as to compromise their substantial integrity, they will not be reimbursed.
9.8. Failure to return the product, within the established deadline, will be understood as a manifestation by the Consumer of the will to revoke the declaration of withdrawal; the Consumer will therefore keep the purchased good and Homplement S.r.l. will not be liable for any refund.

9.9. If the Consumer exercises the right of withdrawal, after submitting a request in accordance with article 50, paragraph 3, or article 51, paragraph 8 of the Consumer Code, he is responsible for the payment to Homplement S.r.l. of reasonable costs, pursuant to article 57, paragraph 3, i.e. an amount proportional to what has been supplied, up to the moment in which the Consumer has informed the Seller of the exercise of the right of withdrawal, calculated on the basis of the total agreed price in the contract.

9.10. The right of withdrawal is excluded in relation to the supply of made-to-measure or clearly personalized goods.

10) GUARANTEE OF CONFORMITY

10.1. The Consumer is protected by the legal guarantee of conformity, provided for by the Consumer Code, in the event of the purchase of defective products, which malfunction or do not respond to the use declared or for which that good is generally intended.

10.2. The Seller is liable for any lack of conformity that occurs within two years of delivery of the goods.

10.3. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or its agent or representative, especially in advertising or on labelling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted also for conclusive facts.

10.4. The Consumer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.

10.5. In the event of a lack of conformity, the Consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code. Under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any non-conformities within and no later than 2 (two) months from the discovery, by sending the appropriate modulecorrectly completed, with indication of the non-compliance found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).

10.6. Homplement S.r.l. will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if the Seller has accepted the Consumer's request, he will have to indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.

10.7. Following receipt of the form and related documentation, the Seller will evaluate the non-conformities reported by the Consumer through the Owner's assistance service and, after having carried out the quality checks aimed at verifying the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a reply, containing the "Return Code", via e-mail to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute acknowledgment of non-compliance, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication bearing the "Return Code", within 30 (thirty) days of reporting the non-compliance, to the following address: HOMPLEMENT S.R.L., Milan (MI), via Abbondio Sangiorgio n.13.

10.8. If the Seller is required to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to notify the Seller, always via e-mail to the address homplement@gmail.com the bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to return the amount due.

11) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND REFUNDABLE DAMAGES

11.1 the Seller, pursuant to articles 114 and following of the Consumer Code, is responsible for the damage caused by defects in the goods sold if it fails to inform the injured party, within three months of the request, of the identity and domicile of the producer or of the person who supplied him with the Well.

11.2. The aforementioned request, by the injured party, must be made in writing, sent by registered mail with return receipt. at the headquarters of Homplement S.r.l. in Milan (MI) via Abbondio Sangiorgio n.13, or by certified mail to the address homplement@gmail.com and must indicate the product that caused the damage and the date of purchase, with the attachment of the relevant receipt purchase; it must also contain the offer for viewing the product.

11.3 The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

11.4 No compensation will be due if the injured party was aware of the defect in the product and the danger deriving from it and nevertheless voluntarily exposed himself to it.

11.5 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.

12) CAUSES FOR TERMINATION

12.1 The obligations assumed by the Consumer, as well as the guarantee of the successful completion of the payment that the Consumer makes, and also the exact fulfillment of the obligations assumed by the Seller, are of an essential nature, so that by express agreement, the non-fulfillment of only one of these obligations – if not determined by unforeseeable circumstances or force majeure, war events, riots, insurrections, floods, earthquakes, strikes and supply problems of Homplement S.r.l., attributable to third party suppliers or by the incorrect indication by the Consumer of the correct address for shipping – will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a judicial decision.

13) INTELLECTUAL PROPERTY RIGHTS

13.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of HOMPLEMENT S.R.L. and/or its assignees, without the Consumer deriving any right over the same from access to the Site and/or from the purchase of the Products.

13.2. The contents of the Site may not be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of HOMPLEMENT S.R.L.

14) METHOD OF ARCHIVING THE CONTRACT

14.1 Pursuant to art. 12 of Legislative Decree 70/03, the Seller informs the Consumer that each order sent is stored in digital / paper form according to the confidentiality and security criteria established by the GDPR 2016/679.

15) COMMUNICATIONS AND COMPLAINTS

15.1 Written communications addressed to the Seller and any complaints will be considered valid only if sent to the following address in Milan, via Abbondio Sangiorgio n.13:, or sent via pec to the following address homplement@pec.it or sent by email to the following address homplement@gmail.com. In the registration form, the Consumer indicates his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Seller to be sent.

16) APPLICABLE LAW, ATTEMPT OF CONCILIATION AND COMPETENT COURT

16.1. Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code (Legislative Decree 6 September 2005 n. 206), with specific reference to the legislation on distance contracts and by the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, the rights possibly attributed to Consumers by mandatory provisions of law in force in the State of the latter will remain unaffected.

16.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer can promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner on the internet. For more information on the RisolviOnline regulation or to send a conciliation request, access www.risolvionline.com.

16.3. As an alternative to the conciliation attempt referred to in point 16.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations deriving from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, which can be selected from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated in the European ODR Platform is the following: homplement@gmail.com .

16.4 If the conciliation attempt referred to in the previous point 16.2 or 16.3 is not accepted or if such attempt should have a negative outcome, the dispute will be referred exclusively to the Court of Milan, except in the case in which this provision does not apply due to mandatory legal provisions in force in the country of residence of the Consumer.