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TERMS OF SALE

Terms of sales regulating the purchase of products at Horizon Wave. Please read carefully:– Art. 1) General Terms of Sale – Art. 2) Products and Prices – Art. 2bis) Promotions and Discounts – Art. 3)Orders and Invoicing – Art. 4) Payment Methods – Art. 5) Shipping and Delivery Procedures – Art. 6) Warranty – Technical Assistance – Art. 7) Right of Withdrawal – Satisfied or Refunded – Art. 7bis)After-sales Warranty and Assistance – Art. 8) Privacy and Confidentiality – Art. 9) Competent Court Art. 1) General terms of sale The following general terms of sale regulate the procedures and the conditions of sale of the merchandised products at www.horizonwave.it, a website created to commercial purposes by the company Horizon Wave SRLS based in Via Bologna 41a – 47042 Cesenatico (FC) Italia, VAT no. 04119620401, Tax code 04119620401. Every contract for the sale of products by Horizon Wave to the customers is regulated by these terms, which are an integral and essential part of any proposal, order and order confirmation related to the purchase of those products. By “Customers” we refer exclusively to people (natural persons) working independent of work or business activity. The sale contracts mentioned above, which are stipulated online, are regulated by these general terms of sale, by the Legislative Decree 185 of 22.05.1999 (implementation of the directive 97/7/CE on consumer protection for distance contracts) and by the Italian Civil Code. These general terms of sale can be updated or modified at any moment by Horizon Wave. Possible changes in the general terms of sale become effective from the moment of their publication on the website www.horizonwave.it and are valid for the contracts stipulated after such publication. Art. 2) Products and Prices Horizon Wave has developed commercial partnerships with the most important businesses in this sector, in order to sell online products to favorable prices maintaining high quality and reliable standards. The products’ technical and functional features promoted by Horizon Wave in its advertisements and information brochures are forwarded and conveyed by the respective suppliers. Horizon Wave is not accountable to the truthfulness and completeness of those info. The image accompanying the description of a product might not represent it perfectly, but vary in color, dimension and accessory tools present in the image. Unless made explicitly clear, the price of the products is easily available by Horizon Wave on the website www.horizonwave.it, it is expressed in Euro (€) and includes VAT – shipping and delivery costs are not included. Updated prices published by Horizon Wave cancel out and substitute the previous ones, and are subject to stock availability. Horizon Wave reserves the right to confirm or modify the prices of products published on its own website, information brochures and advertisements, at the moment of the order confirmation to the Customer. Our efficient staff is available for any clarification on products purchased and to the manufacturing businesses, you can contact us here: info@horizonwave.it Art. 2bis) Promotions and Discounts Registered users at Horizon wave will experience a privileged treatment, which means exclusive promotions and offers. Horizon Wave also prizes the most loyal customers, sending free coupon or discount codes which subjected to expiration. Customers can use the personal coupon or discount code within the expiration date. The coupon or discount amount can vary and has the same value of the purchase made by the customer.Those vouchers are individual and cannot be applied to third parties. Art. 3) Orders and Invoicing All the orders sent to Horizon Wave must be fully completed for the correct processing and clear identification of the products requested by the customer. Horizon Wave reserves the right to deny incomplete orders which are not carefully filled out. Customers can purchase the products available on the online Horizon wave catalogue when they make an order – those products are visible at www.horizonwave.it and their description is available in the descriptive slides. Orders are processed according to the quantity of product availability. The availability reported on the website are correct, but may not reflect nor represent the contractual obligations in any case. When an order is received correctly, Horizon Wave will provide the customer with a confirmation sent to the e-mail address provided by the user. The notification of the order confirmation will report the date and time when the order was received as well as an “order reference” – this has to be used in any further communication with Horizon Wave. The e-mail message contains the order details (the purchased products) and the customer’s personal data. The customer has to verify the content of those data and to promptly notify any possible alterations, according to the procedures described in this document. On average, Horizon Wave takes one working day (8 hours) to process the order and deliver the purchased products to the respective couriers. In some cases though, it is possible that extensive time may be required. In the case of products being unavailable thus the order cannot be fulfilled by Horizon Wave, the company will ensure the suitable amount according to the status of the payment. In this events, the customer will not have the right to claim any further refund, compensation or guarantee. The fiscal documentation related to the ordered products will be issued by Horizon Wave when the products are ready to be shipped – notifications will be given via e-mail. If the customer has a VAT number and wishes to have the invoice registered in his/her own name, he/she will have to express his/her wish when placing the order. Art. 4) Payment methods Each customers can choose one of the following payment methods: CREDIT CARD The credit card payment is processed through the secure platform X-Pay, from Cartasì, one among the most secured and used platforms in order to process online payments, as it focuses on security in making transaction and it is easy to use. The customer can purchase the wished products with his/her credit card in a secure manner, paying only the minimum amount for the shipping costs according to the selected items. No surcharge will be applied when paying with credit card. BANK WIRE TRANSFER Customers can purchase the wished products through a bank wire transfer. When placing the order, the customer can select “Bank Wire” as payment method and see the bank account details needed in order to send the bank wire transfer. The payment has to be sent within 7 days from the date when the order was placed – otherwise, the order will be canceled in order not to hold items in the stock for an undetermined period of time. The bank account details are reported below: Horizon Wave SRL Semplificata
BANK: CASSA DI RISPARMIO DI CESENA SPA
002 FILIALE DI CESENATICO
CIN P
ABI 06120
CAB 24002
ACCOUNT CC0020532404
IBAN  IT65 P061 2024 002C C002 0532 404
Once the payment is received, we will fulfill the order. By sending a bank wire transfer you will also pay the minimum amount for the shipping costs, without any surcharge. CASH ON DELIVERY – C.O.D. Horizon Wave accepts cash on delivery payments as payment method. The payment has to be in cash, the courier will not accept any other payment method and can’t give change – we ask our customer to have the exact required amount at one’s disposal at the moment of the delivery. This payment methods, cash on delivery, entails a small price rise on shipping costs of € 3.90 as COD additional fee. If the customer wants to keep the shipping expenses to a minimum, we suggest other possible payment methods like Credit Card, Bank Wire or PayPal (only 2% small fee if PayPal is chosen). The cash on delivery service might not be available during august and Christmas holidays. Art. 5) Shipping and delivery procedures Shipping costs vary according to the weight and quantity of the ordered products and they are calculated automatically by the system. Please remember that at Horizon Wave we will always try to keep the shipping costs at the lowest possible amount in order to make your order even more profitable. If the value of the order placed is more than € 100,00 the shipping will be totally FREE OF CHARGE in the whole of Italy, islands included, as long as one of the following payment methods is chosen: bank wire transfer, credit card or PayPal payment – otherwise, a small additional fee is required as COD fee if cash on delivery option selected. This is not applicable to international orders. Orders are delivered through express courier. On average, it normally takes 24/48 hours within Italy (further 24/48 hours might be required for the islands) for the order to be approved, fulfilled and delivered to the express courier. Usually, every product contains the indication of shipping times, normally of 24/48 hours. Some of our products, when indicated, required longer handling times of approximately 3/5 days (+24/48 hours for the islands). In any case, according to what mentioned above, we will always try to ship order as soon as possible – we try to reduce the shipping times, so that you can get your order safe and fast. Unless previously agreed, all goods will be delivered to the ground floor front door of the building. Particular terms and conditions of delivery shall be arranged between the customer and Horizon Wave in advance and agreed upon in writing by Horizon Wave. The courier will try two delivery attempts, after which the order will be stored. Further possible costs for undelivered goods will be billed to the customer. We recommend to always communicate clearly the name on the doorbell in order to avoid failed delivery attempts by the courier – we also suggest to provide an address (whether a house or the workplace) where the presence of a trusted person can be guaranteed. Otherwise, a customer can ask for the package to be held to pick up (in case the presence at home or in the office cannot be assured). Art. 6) Warranty – Technical Assistance The warranty provided by Horizon Wave only covers the products integrity at the moment of the delivery. If a customer notices any damage, he/she will have to report it under penalty of forfeiture. The report has to be submitted within 10 (ten) working days from the date of delivery and the customer will have the right to exchange the defective merchandise by returning it to us – in this case the customer will not be refunded, not even for further damages. The shipping costs for the exchange of defective merchandise, as well as those for returning the product are billed to the customer if the products are not damaged. All this being said, Horizon Wave does not provide any further warranty than the one provided by each supplier. Technical assistance and interventions below warranty terms are foreseen and provided by suppliers, according to the terms and procedure accompanied with the products themselves. Moreover, Horizon Wave does not guarantee the compatibility of our products with any other product or device used by the customer, nor do we guarantee their suitability for the particular usage intended by the customer. Exception made for misconduct or negligence by Horizon Wave, hereby we state that Horizon Wave is only accountable for the amount paid by the customer for the products subject to the claim if there should be any responsibility towards the customer – including partial or total non-fulfilment of any requirements in order to process an order. Whatever the case, for any additional information or clarification our staff is always available in order to provide the service and assistance described above. This is why we always recommend to verify the integrity of the parcel at the very moment of delivery – if you notice obvious signs of damages you can accept the parcel as “subject to verification” and check the integrity of the products inside. In case of defective merchandise, please notify us immediately. Art. 7)Right of withdrawal – satisfied or refunded According to the Legislative Decree of 22/05/1999, no. 85 art. 5, which regulates distance contracts outside business premises, the customer can (if qualifiable as “consumer” according to the Legislative Decree of 22/05/199, no. 185 art. 1/b) withdraw from the contract and return the purchased products without any penalty nor explanation, within 10 (ten) days of the date of delivery. Products like CDs, DVDs and VHSs are excluded from those terms. The right of withdrawal cannot be implemented if the products are personally picked up at the Horizon Wave offices according to the customer’s own wishes. This right is exclusively guaranteed to natural persons (consumers), and therefore can be exclusively be exercised by people operating independent of work or business activity. The right of withdrawal can be exercised by the customer, under penalty of forfeiture, by sending certified mail to Horizon Wave, situated in via Bologna 41a – 47042 Cesenatico (FC) Italia, within 10 (ten) working days from the date of delivery. The procedure described above can also be submitted via telegram or fax to Horizon Wave. The returned goods must be perfectly intact and accompanied by the original packaging – also, they will have to be approved by the Horizon Wave Customer Care staff, who will provide the customer with a Return Confirmation Number (RMA). When the customer receives the RMA, he/she can ship the product back to the following address: Horizon Wave, situated in via Bologna 41a – 47042 Cesenatico (FC) Italia. Cash-on-delivery parcels will not be accepted. When the products are delivered back and approved by our Customer Care staff, Horizon Wave will credit the customer as soon as possible for the same amount of the purchased items (as indicated on the invoice) – if necessary, shipping costs will be deduced from this amount and therefore billed to the customer. Horizon Wave will not accept products without packaging, nor returned goods for which related payments are still pending. The possible re-shipping costs will be covered by the customer. Il The right of withdrawal will no longer be valid if the returned goods are not perfectly intact, which means:
  • No original packaging
  • Missing parts of the product (accessories, cables, manuals of instruction and further devices)
  • Damaged products for reasons unrelated to the carrier.
Furthermore, the right of withdrawal is no longer valid if the returned goods are not delivered to Horizon Wave within 7 days from the confirmation of the RMA number. How to exercise the right of withdrawal:
  • The right of withdrawal is applied in relation to the product in all its parts – it is not possible to return one single part of the purchased product;
  • The right is not applied in relation to previously sealed products and to the other categories expressively excluded by the Legislative Decree 185/1999;
  • The purchased goods must be intact and returned together with the original packaging, completed in all its parts;
  • In order to avoid damages to the original packaging, we recommend using an additional packaging with the text “RIGHT OF WITHDRAWAL”;
  • In any case, avoid sticking labels or tapes directly on the original packaging material;
  • A norma di legge, le spese di spedizione relative alla restituzione del bene sono a carico del cliente;
  • According to the current legal procedures, the shipping costs related to returned goods are billed to the customer;
  • The shipping is under the responsibility of the customer, until the confirmation of delivery at our warehouse. If the returned goods are damaged during the transport, Horizon Wave will inform the customer within 5 days from the date of delivery at the warehouse, in order to let him/her forward a complaint towards the carrier chosen and obtain a refund for the same value of the goods (if insured). In this case, the products can be returned by the customer and the return request will be canceled;
  • Under no circumstances is Horizon Wave responsible for the damage, theft/loss of returned goods shipped with no insurance or tracking number;
  • • After being delivered at the warehouse, returned goods will be examined in order to check the presence of possible damages or alterations not related to the transport. If the package and/or the original packaging proves to be damaged, Horizon Wave will deduct a percentage for the refund amount – this percentage will not be more than 10% of the value itself and is a contribution for the repairing costs. Exception made for the repairing costs owed in case of damages to the original packaging, Horizon Wave will refund the customer for the total amount already paid within 15 days from the delivery of returned goods, transferring this amount to the customer’s account. In this last case, the customer will need to promptly communicate the bank account details to get his/her refund (IBAN code of the invoice holder). The right of withdrawal is no longer valid if Horizon Wave verifies that the fundamental prerequisite of integrity of the goods is missing (in relation to the packaging or goods themselves): the outer packaging and/or the original internal packaging are missing; lack of parts of the product; damages to the product not related to the transport.
If the right of withdrawal cannot be applied, Horizon Wave will promptly return the purchased goods, billing the shipping costs to the customer. Art. 7bis)After-sale warranty and assistance All the products are, by guarantee from the original suppliers, insured by direct warranty, according to the current law included in the Italian Civil Code. When the customer is a private, the warranty will be valid for two years – if the customer has a VAT number though, the warranty will be valid for one year. We recommend to contact us before returning the product, or if you should have any problem. The warranty is not valid if the product needs to be fixed or repaired for damages due to external factors (impacts, shocks, lightings…), if the usage is not made accordingly to the supplier’s instructions, if there are business, commercial or public purposes, if nonstandard devices and/or accessorizes are used. Art. 8) Privacy and Confidentiality Horizon Wave treats the customers’ personal information correctly and safely, according to the law no. 675/96 which guarantees that the treatment of personal data will be accomplished respecting the rights of fundamental freedoms, the dignity and decency of natural persons and focusing on confidentiality and personal identity. According to the article 10 of the above-mentioned law, we guarantee that the treatment of personal data (which will be transferred electronically) is only achieved in order to accomplish the fulfillment of the orders. If necessary, and in order to fulfill the requests included in the order, we will communicate those data to the appointed shipping carrier as well as to the other businesses responsible for handling further steps of the sale and shipping processes. The transmission of personal data is mandatory because it is necessary in order to fulfill the contracts of sale. We also inform you that – if you have given consent – your personal data can also be processed by Horizon Wave in order to update you with novelties about the company such as new products, related events, discounts, offers and promotions. Providing your consent for this use of personal data is completely optional, but we recommend it in order to enjoy selected discounts and amazing offers while purchasing products – you can subscribe to our Newsletter if you want to be updated. Under no circumstances will we use the personal data in our possession for any different purposes than what explained above, nor will be transferred those data to businesses unrelated to Horizon Wave, only site manager for www.horizonwave.it. In relation to the processing of your personal data, you can exercise the rights explained in the article 13 of the law 675/96 at the appointed offices. For further information, please visit the specific section. Art. 9) Competent Court Each and every controversy related to these General Terms of Sale will be handled by the Court of Rimini, it being understood that there is the possible enforceability of customer protection laws and rules (as defined in the Legislative Decree of 22/05/1999 number 185, art. 1 lett. B)

INFO

+39 324 89 99 155

9:00 | 17:00 LUN – SAB

INFO

+39 324 89 99 155

9:00 | 17:00 LUN – SAB