Terms of Service

GENERAL AND CONTRACTUAL TERMS OF SALE
by [HMA Sport srls P.I. IT01863750939] for the website www.hmasport.it

Pursuant to and for the purposes of Legislative Decree 22/05/1999, n. 185 "Implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts" and Circular no. 3487/C of 01/06/2000 of the Ministry of Industry concerning Legislative Decree no. 114 of 31/03/1998 "Regulations for the sale of goods by electronic means. E-commerce."

The object of this contract is the sale and purchase of material for sports practice in the quantity and quality chosen by the consumer through online selection on the website www.hmasport.it

From the moment the consumer accesses and uses the website www.hmasport.it, they are subject to and agree to be legally bound by the terms and conditions set forth below, including all referenced documents.

We invite you to carefully examine this document before using the services. The consumer may waive access to the website or its use if they do not wish to accept and comply with these terms and conditions.

Art.1 - Definitions Supplier of goods and services (also referred to as the Operator):
HMA Sport [HMA Sport srls P.I. IT01863750939]
Via dei Savorgnan, 18 Spilimbergo (PN) 33097 Italy
VAT number IT01863750939
As owner of the website: www.hmasport.it
User or customer of the website www.hmasport.it

Art.2 - Nature of goods
The goods and services for sale are those described on the pages of www.hmasport.it, where the product name and any description contain the essential characteristics of the goods. This data is subject to changes and periodic updates, for the purpose of further improving the service for the consumer.

Art.3 - Prices and product availability
HMA Sport product prices are clearly indicated on the website and include VAT. The shipping cost, where applicable, must be added to the product price, the amount of which varies according to the requested delivery method, in addition to customs duties where due.
In case the product is not available, you will be promptly informed via e-mail. The price of the goods sold is that summarized in the order form at the time the Customer accepts these conditions by online selection and sends, also electronically (directly online, via e-mail or fax), the order form to www.hmasport.it.
The Customer is required to accept these conditions also for orders placed by telephone; in this case, a written confirmation of the received order will be sent to the Customer via e-mail, fax or SMS as per expressed preference. Prices and availability of products marketed by [HMA Sport srls P.I. IT01863750939] through www.hmasport.it are subject to change without notice.

Art.4 - Purchase agreements made by minors
Purchases can only be made by adults. However, if a purchase is made by a minor providing false information regarding their age, or false information to purchase the desired item and/or to access the desired data, parents are directly responsible for the payment of what was purchased, without prejudice to the right of withdrawal set out in Art. 7 of these sales conditions.

Art.5 - Orders/Invoicing
Orders are accepted in writing, by E-mail, Internet or telephone. The conclusion of the contract is subject to the Customer making full payment using one of the permitted payment methods.
The Fiscal Invoice may also be issued after the delivery of the goods, within the terms provided by law.

Art.6 - Delivery of goods
The delivery of goods takes place within the terms indicated in the proposal, to the address indicated by the consumer and through the Courier appointed by HMA Sport.
The identification of the goods and the related transfer of ownership occur at the moment of handing over the goods to the Courier. With this act, HMA Sport's delivery obligation will also be considered fulfilled.
In order to prevent fraud, the Courier reserves the right to check an identity document, which demonstrates the matching of data between the order information and the credit card holder. For the same purpose, the customer must provide a telephone number, which will be used with extreme correctness, to provide more security for the transaction/shipment, as well as the indication of the name on the intercom/doorbell, if present.
If the recipient is absent at the time of delivery, the agent will leave a message/notice to arrange another delivery time with the Customer or to allow collection of the package at the nearest courier office. Upon receipt/collection, the Customer is required to check the integrity and quantity of the goods in the presence of the delivery agent; if the shipping packaging shows obvious signs of tampering or deformation that could suggest any damage or alteration of the contents, the Customer must ACCEPT the package, clearly indicating on the delivery receipt (Transport Document or Waybill) the conditions that are evident; or, if the package shows no visual evidence of any breakages, accept it by ALWAYS signing the delivery note with the wording "ACCEPTED SUBJECT TO INSPECTION" in order to check the contents of the shipment and ascertain the state of the goods subsequently.
In the event that one or more products are not in perfect condition because they were damaged during transport, the Customer, after having noted "GOODS WITH VISIBLY DAMAGED PACKAGING" on the delivery note, must inform HMA Sport by e-mail at info@hmasport.it within 3 (three) working days.
HMA Sport will open a damage claim and, at its own expense, within and no later than 30 days from the date of delivery or notification, replace the damaged products or, if this is not possible, reimburse the Customer for their amount.
In the event that the customer contacts Customer Service after the third working day, www.hmasport.it reserves the right to decide to open a damage claim that provides for the replacement of the goods.

Art.7 - Right of Withdrawal
HMA Sport guarantees the right to withdraw from the purchase contract, referring to Legislative Decree 22/05/1999, no. 185 "Implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts" and subsequent amendments. The Customer may exercise the right of withdrawal within and no later than 10 working days from the date of receipt of the goods.
This right must be exercised by sending a written communication by registered letter with acknowledgment of receipt to: [HMA Sport srls P.I. IT01863750939], Via dei Savorgnan, 18 Spilimbergo (PN) 33097 Italy.
The communication may also be sent, within the same period, by e-mail addressed to info@hmasport.it, provided that it is confirmed by registered letter with acknowledgment of receipt within forty-eight (48) hours. The goods must be returned to the Seller intact, in unaltered conditions and complete with the original packaging, at the Customer's expense within and no later than 15 days from the communication of withdrawal.
HMA Sport will re-credit the amounts paid (including initial shipping costs in the case of total withdrawal from the order) within a maximum of 30 days from the date it became aware of the Customer's exercise of the right of withdrawal and in any case not before having received the return shipment and checked the condition of the goods subject to withdrawal. The costs and risks associated with the return of the products will be borne by the buyer. It should be noted that Community legislation provides that the right of withdrawal can only be exercised by natural persons (consumers) who act for purposes that can be considered unrelated to their commercial activity. The right of withdrawal, therefore, CANNOT be exercised by legal entities and natural persons who act for purposes related to a commercial activity. Purchases made by resellers or by parties who, for any reason, purchase for resale to third parties are also excluded from the right of withdrawal. The right of withdrawal does not apply to the supply of tailor-made or clearly personalized goods or goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly. It should also be noted that, in cases of premium transactions (so-called promotions), where the purchase of one good is combined with another good that is sold at a negligible price or even given away, the right of withdrawal will be legitimately exercised with the return of both goods subject to the purchase, given the ancillary nature of the promotional good to the first.

Art.8 - HMA Sport Guarantees
Damaged product – “Replacement Service”: All HMA Sport shipments are “Guaranteed and Insured” against any breakages, tampering and accidents. In the event that one or more products are not in perfect condition because they were damaged during transport, HMA Sport undertakes to replace such products with a new supply or, if this is not possible, to refund their amount, within and no later than 30 days from the date of delivery and following notification, to be made within 3 working days, by the Customer to our Customer Service; this remains conditional on the Customer, upon receipt/collection, BEING REQUIRED to verify the integrity and quantity of the goods received in the presence of the delivery agent, immediately contesting and reporting any tampering, deformation, damage or alteration found by noting it on the delivery receipt; In the case of intact packaging, sign the delivery receipt (Transport Document or Waybill) ALWAYS including the wording "ACCEPTED SUBJECT TO INSPECTION" in the space provided for notes, so that checks can be carried out subsequently. HMA Sport reserves the right to demand that damaged products be returned, with evidence of damage and at its own expense, to HMA Sport within 15 days of delivery, and in any case after agreement with the Customer on the methods of collection by an appointed Courier. Only by adhering to the above methods, the replacement and re-delivery costs will be borne by HMA Sport, which may eventually comply only and exclusively after the products have been returned to the premises and checked.
Incorrect product: HMA Sport guarantees that the Products sold on www.hmasport.it correspond to what is described on the website. In the event that one or more products do not correspond to what was requested, HMA Sport undertakes to replace them with a new supply or, if this is not possible, to refund their amount, within and no later than 30 days from the date of delivery and following notification, to be made within 3 working days, by the Customer to our Customer Service. Incorrect Products must be returned to HMA Sport at its expense within 15 days of delivery, and in any case after agreement with the Customer on the methods of collection by an appointed Courier. They must be returned intact, in unaltered conditions and complete with the original packaging and placed in their original packaging, or in any case in suitable packaging to allow safe shipment. HMA Sport reserves the right to replace, at its own expense, incorrect products or to refund their amount only and exclusively after their return to the premises and their inspection. c) Reporting/Replacement of defective goods: In the case of goods deemed defective, the Customer must, within 20 days from the date of receipt of the order, inform HMA Sport via e-mail at info@hmasport.it, in order to immediately identify any problem and find a solution together.

Art.9 - Discount Code Regulations
Discount codes are alphanumeric codes which, when entered on the www.hmasport.it website at the time of payment for an order, entitle the user to the discount associated with the code itself, with the limits described for each individual discount code. Discount codes may be distributed by HMA Sport to its actual or potential customers, for promotional or commercial purposes, in electronic or paper format.
Discount codes may be conveyed through various methods including:
- via e-mail as part of direct marketing campaigns;
- through paper media (Discount Coupons);
- through other methods, also by HMA Sport partner companies.
The same method used to communicate the alphanumeric code will always clearly indicate the amount and expiry date of the discount voucher. Discount codes must be used within their expiry date. After this date, the discount code can no longer be used and the holder cannot request a replacement with another code with a longer validity. If the value of the discount code is less than the order value, the remaining amount can be completed according to the payment methods provided on the www.hmasport.it website. Discount codes cannot be combined for a single purchase. Discount codes can also be used for the purchase of products already on promotion. Discount codes can also be used for payments of amounts less than their value; in this case, the remaining discount amount cannot be re-credited and is considered lost. Each discount code can be used for a single purchase. In no case do discount codes entitle to change in the case of purchases of a lower amount. To benefit from discounts using discount codes on the www.hmasport.it website, you must enter your discount code in the appropriate field before closing the cart. Any products for which discount codes cannot be used will be duly indicated on the www.hmasport.it website. Discount codes used will not be returned in the event of an order cancellation.

Art.10 - User Responsibility
HMA Sport assumes no responsibility for any damages resulting from the use or incorrect use of the service provided by www.hmasport.it. In no event will HMA Sport, its representatives and its employees, be liable to the User or anyone else.
HMA Sport assumes no responsibility for errors and omissions within www.hmasport.it or any website to which it may refer or link.
HMA Sport does not guarantee that the service will meet the user's needs.
HMA Sport reserves the right to continuously update the www.hmasport.it website, which can be done at any time. The information may contain inaccuracies of any kind or typographical errors.
HMA Sport does not guarantee that the services performed by www.hmasport.it will be provided without interruption, this will be stated in advance except for causes beyond HMA Sport's control.
HMA Sport is solely responsible for evaluating the accuracy, completeness and usefulness of what is provided through the www.hmasport.it website.
HMA Sport disclaims any liability to the buyer or third parties for indirect, incidental, consequential, punitive or exemplary damages (including, without limitation, loss of profits, revenue, business opportunities) arising from or in connection with a product or service provided by HMA Sport, or from the use or inability to use the same.
HMA Sport assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the contract within the agreed times. HMA Sport will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract for the aforementioned reasons, with the Customer being entitled only to the return of the price paid.
Without prejudice to cases of willful misconduct or gross negligence on the part of HMA Sport, it is hereby agreed that, should its liability be ascertained for any reason towards the Customer, including in the event of total or partial non-fulfillment of the obligations assumed by HMA Sport towards the Customer due to the execution of an order, HMA Sport's liability shall not exceed the price of the Products purchased by the Customer and for which the dispute arose.

Art.11 - User Responsibility
The User is required to ensure that their entered data is truthful, complete, and up-to-date and to promptly communicate any changes thereto. In the event of false declarations, the benefits obtained from the services provided will be lost. HMA Sport reserves the right to remove such subjects from its user lists, after a formal and unaccepted invitation to self-correction.

Art.12 - Competent Court
This contract is governed by the laws of the Republic of Italy. For any dispute concerning this contract, the Court of Pordenone shall have exclusive jurisdiction.