Termini e condizioni
- GENERAL
- SCOPE OF APPLICATION
- PRODUCT CHARACTERISTICS
- ORDER AND PURCHASING PROCEDURES
- PRICES - PAYMENT
- DELIVERY OF PRODUCTS
- WITHDRAWAL
- DROPS SELECTION
- DEFECTS AND WARRANTIES
- ERRORS AND INACCURACIES
- INTELLECTUAL PROPERTY RIGHTS
- EVENTS OUTSIDE OUR CONTROL
- SECURITY OF ELECTRONIC DATA TRANSFER
- PERSONAL DATA AND PRIVACY POLICY
- APPLICABLE LAW AND DISPUTE RESOLUTION
Terms & Conditions
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GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sale hereunder indicate, the conditions and methods by which to proceed with the online purchase of products on the website www.blackboxstore.com in a safe, easy and convenient way.
Purchases on the website www.blackboxstore.com must be made exclusively by persons over the age of 16.
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1. GENERAL
1.1 This document, together with the additional information available on the Site constitutes the General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) in force between the user of the Site (hereinafter referred to as “You” or the “User”) and the Hudson Italy Srl (“Hudson”) with registered address at Via Romaniello 21/b 80129 Naples Tax Registration No. 06555971212, Italy (hereinafter referred to as “HUDSON”). It governs the contractual relationship between You and HUDSON in relation with any purchase made on or through the Site. 1.2 At the time of verification of your order by checking the box provided for this purpose, You hereby state that You fully and unconditionally accept these GTC. Please read carefully the GTC before proceeding to any transaction through the Site. You are bound by the version of the GTC that is in force at the time You submit an online form confirming Your intent to order products on the Site (hereinafter referred to as the “Order(s)”). HUDSON may, at any time, amend these GTC, without prior notice. It is Your responsibility to regularly check the GTC to remain informed of their latest amendments. This document, together with the additional information available on the Site constitutes the General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) and indicate in accordance with applicable consumer protection regulations, the conditions and methods governing the online purchase of products on the website https://www.blackboxstore.com (“Site”). Purchases on the website must be made exclusively by persons over the age of 16.
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2. SCOPE OF APPLICATION
2.1 The GTC are applicable between the natural person, user of the Site (hereinafter referred to as “User”) and HUDSON and therefore, they govern the contractual relationship between the User and HUDSON in relation to any purchase made on or through the Site. Purchases on the website must be made exclusively by persons over the age of 16. 2.2 HUDSON may, at any time, amend these GTC, without prior notice. It is the responsibility of the User to check the GTC at the moment of the Order (as hereinafter defined) to remain informed of the most recent amendments. 2.3 The Site is intended for retail and therefore for use exclusively by Users which qualify as consumers and end users. By placing an Order on the Site, the User warrants that will use the Product for personal use only. In case You are purchasing for resale purpose or if you are a buyer or personal shopper, please contact us at our email support@blackboxstore.com 2.4 In the event that any one or more sales are made to persons who are not end users, these GTC will apply provided that in such case: the User will not enjoy a right of withdrawal pursuant to article 6.1; the terms of the warranty pursuant to article 7.2 will be reduced respectively to 7 (seven) days and 1 (one) year; it is expressly excluded application of any provisions of these GTC which reflects provisions of Italian laws which are mandatorily applicable to consumers
3. PRODUCT CHARACTERISTICS
3.1 All the information and data concerning the Products found on the Site are indicative and intended only for presentation purposes. The Products are manufactured using artisan craft and materials. Therefore, any imperfection or slight inconsistency in respect to the structure and composition shown in the photos or description is to be considered normal and is likely to be an intrinsic and unique feature of the Products themselves. 3.2 Before placing an Order on the Site, the User must make sure that the Products are suitable for the scope and/or use intended by him/her and that they are in compliance with the laws and regulation of the place where they are purchased and imported or intended to be used. 3.3 Even following acceptance of the Order, HUDSON may make any modification to the Products that it retains necessary and/or opportune, provided that this does not alter their essential characteristics. 3.4 The images and the descriptions of the Products on the Site are provided for information purpose only and their publication shall only constitute an invitation to make an offer according to clause 3.2 below.
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4. PRICES - PAYMENT
5.1 Products’ price is indicated in the Site in Euro (€) and includes packaging, VAT (where applicable) and indirect taxes (where applicable). 5.2 Price does not include shipping costs where applicable, customs dues and other applicable duties which the User undertakes, from now, to pay in addition to the price of the Products indicated in the Order, if and to the extent due on the Products. Such additional amounts will be calculated and indicated to the User in the Order or at the time of Order Confirmation. 5.3 The following means of payment are accepted by HUDSON: Credit Card- Visa, American Express or Master Card circuits; or (ii) PayPal; or (iii) any other method made available in the Payment section of the Site. 5.4 Your account will only be charged at the time of the Order Confirmation, after checking Your data and upon receipt of the authorization provided by the issuing company and upon acceptance of Your Order by HUDSON. 5.5 Payment shall be made by the User prior to shipment. The User expressly accepts that HUDSON shall execute the shipment of the Products only after receipt of the payment of the Products by User and receipt of the amount in HUDSON’s account.
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5. DELIVERY OF PRODUCTS
6.1 Shipment: Products will be delivered DAP, delivery address provided by the User at the time of the Order, Incoterms® ICC 2020. For delivery outside the European Union, you will be charged the applicable shipping fees, which vary according to the type of shipment and the place of delivery of the Products. The amount of the shipping fees is indicated at the time of placement of the Order. Custom duties will be charged to the User over and above the price of the Products and shall be payable by the User directly to the customs authorities of the Country where the Products are delivered. The Products will be delivered within 30 days of the date the User receives the Order Confirmation using the delivery method indicated in the Order Confirmation. Delivery date is not of the essence. In case a delay in the delivery occurs, also taking into account the place where the Products have to be delivered, HUDSON will inform the User as soon as feasibly possible. 6.2 Products can be delivered either in the European Union or outside the European Union. The User agrees and acknowledges that shipments options vary, depending on the delivery area where the Order has to be delivered. Deliveries are generally made by Courier and the recipient’s signature is always required. HUDSON 6.3 At the time of delivery of Products, the User shall immediately verify that the packaging is intact and has not been altered in any way whatsoever. Should the packaging be damaged, the User shall be responsible for: immediately reporting any alleged damage to the carrier in charge of delivery (hereinafter referred to as the “Carrier”) by expressly reserving any rights upon delivery of the Products; and taking detailed pictures of the box and of the Products; and informing HUDSON’s Customer Service of any alleged damage to the box and the Products within three (3) days from receipt of the Products. 6.4 In the absence of such express reservation above, delivery shall be considered as accepted with no reservations and no dispute on the packaging or on any damage occurred during transportation shall be validly brought afterwards.
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6. WITHDRAWAL
7.1 Without prejudice to the exceptions indicated below or provided by the law, the User has the right to withdraw from the Order and/or the purchase made through the Site, without having to provide any reason. The withdrawal period expires 14 days from the date on which the User or a third party, other than the carrier, acquires material possession of the Products. 7.2 Withdrawal must be made via email, instructions will be given by HUDSON also via email with respect to collection logistics. 7.3 The right of withdrawal may be exercised on the Product in its entirely (it is not possible to exercise the right of withdrawal only on part of the Product purchased, e.g. accessories included in the same article, such as a dust bag, repair tap-heels for shoes if any, depending on the type of Product, or with respect to a Product made up of various articles and/or components). The User is responsible for any loss of value resulting from handling the Product for any reason other than that of establishing its nature, characteristics, and function. Return expenses are borne by the User. 7.4 In case of Withdrawal, the User must return the Products in the original packaging and box, complete of any accessories and components, thus including also tags, bags, labels, packaging along with any instruction’s manuals and/or other documents as well as the warranty certificate, if any. 7.5 The User forfeits its right to withdraw if: the withdrawal period above expires; the Product is returned with delay in respect to the term above (as evidenced by the return shipment date); the original external/internal packaging and/or label of the Products is lacking or damaged; parts of the Product are missing (any tags, labels, accessories, laces, gadgets attached to the Product, etc.); the Product is damaged; handing the Product in a way not strictly necessary to establish its nature, characteristics and to ensure that it is well functioning according to paragraph 6.4 above; Products which bear signs of usage and/or cleaning; Products have been personalized for the User; other circumstances pursuant to law. 7.6 HUDSON will be entitled to verify legitimate exercise of the User’s withdrawal right and the condition of the returned Products. If the User’s right to withdraw has been forfeited, HUDSON shall either send back to the User the Product erroneously returned without refunding the price and shall charge any shipping costs to the User In the event that the User legitimately exercises its right to withdraw, HUDSON will refund the User the price of the Product and the shipping costs for initial delivery, but not the shipping costs for the return of the Products which are borne by the User. Shipping costs for the return of the Products will be borne by the User, also in the event that HUDSON collects the Products in question upon request and on behalf of the User. In such case, HUDSON will refund to the User the price of the Products retuned, less any shipping costs born with reference to the return. 7.7 Without prejudice to the above, HUDSON shall refund the User the price of the Products on which it exercised withdrawal rights by not later than 14 days following return of the Products using the same payment method used by the User, unless otherwise instructed by the User. The time of actual reimbursement of the price may differ depending on the payment method used and chosen by the User for the refund.
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8 . DROPS SELECTION
8.1 Drops is a selection system that is used when that the number of users wanting to buy the product exceeds the number of products available to us. In this case, a selection will be made to identify the customers who will be able to acquire the product. 8.2 To participate in the Drops Selection it is mandatory to fill out - in all its fields - the form relating to the model / article for which the user intends participate. By filling out the form and clicking on the 'participate' button, the user confirms that it has fully read and fully accepted these general conditions of sale. An email will be sent to the address entered in the form: these 2 messages indicate confirmation of participation. 8.3 If you participate in the Drops Selection, you will need to authorize your payment method before submitting your application. If your name is extracted, you will receive a confirmation email that you have been selected to receive the product together with the order confirmation with the purchase details. At this point you will be charged the cost of the product you have chosen on your payment method. During the subsequent days we will proceed with the shipment of your article, according to the times and methods indicated in the policies available on our site, 8.4 It is not possible to request size, model, and other changes and/or returns when participating in the Drops Selection. In any event, if and when returns are accepted by Hudson, all shipping costs must be borne by the User. 8.5 It is possible to cancel participation in the Drops selection through the website or by writing an email to customer service provided that such cancellation occurs before the product launch date. 8.6 If we find through our systems a fraudulent attempt to participate (multiple participation of the same person, suspicious e-mail addresses, etc.) we reserve the right to cancel these participations from any Drops draw in order to guarantee the correct and regular conduct of the draw to safeguard the rights of all participants and the seller.
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9. DEFECTS AND WARRANTIES
9.1 HUDSON undertakes to ensure that high quality standards are continuously met in the manufacturing of all Products. Every Product is controlled before being shipped. HUDSON warrants that the Product is compliant to the order Confirmation and will be free of manufacturing and material defects. HUDSON is not liable – and warranty hereunder shall not apply – in case of storage and/or handling and/or use of the Products different from standard use given the nature of the Products and/or for imperfections of the Products which derive from the artisan nature of the Products such as uneven parts and/or irregularities in colour or materials, which are parts of the manufacturing process or correspond to the material used. 9.2 Upon arrival of the Products, the User must examine the Products in the shortest possible time and, under penalty of expiration of this warranty, communicate any defects and nonconformities within 2 (two) months from the discovery, via email to HUDSON, AND IN ANY CASE within 2 (two) years from the delivery of the same, with a precise indication of the defect and/or non-conformity as well as related documentation proving the warranty right, i.e. (i) a photograph of the allegedly defective or non-conforming Product, (ii) the order confirmation reference, (iii) and the purchase receipt. 9.3 If defects are discovered in the Product, the User shall contact the Customer Service immediately at the following number +3908118658069 or email address: support@blackboxstore.com, providing information indicated to the preceding article 9.2, letters from (i) to (iii). 9.4 HUDSON reserves its right to recall the Product to conduct a physical investigation. In case HUDSON recognized the defect or non-conformity, HUDSON undertakes to either: repair or replace the defective Product to the extent that those remedies are possible and/or do not result too expensive for HUDSON; or partially or fully refund the purchase price to the User, depending on the nature of the defect; or terminate the sale agreement. 9.5 User shall not be entitled to warranty rights above in case of late claim, a claim relating to normal wear and tear, a defect for which the User is responsible. 9.6 To the fullest extent provided by the law any further warranty in addition to the warranty under this article 7 is expressly excluded.
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10. ERRORS AND INACCURACIES
HUDSON intends to provide the User with comprehensive, accurate and up-to-date information on the Site. It is unfortunately not possible to warrant that a Site is entirely free from human or technological errors. This Site may contain typographical errors, inaccuracies or omissions, some of which may be linked to the price, availability, or information on Products. HUDSON reserves the right to correct such errors, inaccuracies or omissions, even after an Order has been submitted, informing the User immediately, and to modify or update the information at any time without prior notice.
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11. INTELLECTUAL PROPERTY RIGHTS
HUDSON intends to provide the User with comprehensive, accurate and up-to-date information on the Site. It is unfortunately not possible to warrant that a Site is entirely free from human or technological errors. This Site may contain typographical errors, inaccuracies or omissions, some of which may be linked to the price, availability, or information on Products. HUDSON reserves the right to correct such errors, inaccuracies or omissions, even after an Order has been submitted, informing the User immediately, and to modify or update the information at any time without prior notice.
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12. EVENTS OUTSIDE OUR CONTROL
“Events Outside Our Control” means any act or event beyond our reasonable control, including without limitation a) war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilisation; b) civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage or piracy; c) currency and trade restriction, embargo, sanction; d) act of authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalisation; e) plague, epidemic, natural disaster or extreme natural event; f) explosion, fire, destruction of equipment, prolonged break-down of transport, telecommunication, information system or energy; g) general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises. If an Event Outside Our Control occurs that affects the fulfilment of our obligations under GTC: a) HUDSON will contact the User as soon as reasonably possible to notify you; b) HUDSON’s obligations under these GTC will be suspended and the deadline for the fulfilment of our obligations will be extended for the duration of the Event Outside Our Control. If the Event Outside Our Control affects the delivery time of the Product, HUDSON will organize a new delivery date after the resolution of the Event Outside Our Control. If an Event Outside Our Control occurs and the User no longer wish to supply the Products, you can cancel the contract.
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13. SECURITY OF ELECTRONIC DATA TRANSFER
HUDSON undertakes to maintain at all times the highest standards of security based on the state of the art (PCI-DSS, ISO, NIST). Not only does the Site use TSL (Transport (2) – Socket Layer) encryption, but it is also reinforced with all of the various processes in order to provide the most effective protection possible for all sensitive payment information. HUDSON does not have any access to confidential information about the means of payment You use on the Site. Indeed, only HUDSON’s banking partner handles confidential payment information (e.g. card number, validity date, verification code, accounts, and the like) and these pieces of information cannot be reached by any third party.
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14. PERSONAL DATA AND PRIVACY POLICY
HUDSON cares about privacy and will do its best to protect the personal data of the Users and keep it secure and confidential. Please consult our Privacy and Cookies Policy for further information about the processing and the management of personal data by HUDSON. Should You have any request regarding personal data processed by HUDSON do not hesitate to send an e-mail to: support@blackboxstore.com
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15. APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC and the sales executed on or though the Site are governed by Italian Law. In any case, the consumer will retain any rights enforceable by law in their country. Any disputes that are not solved amicably will fall under the jurisdiction of the place where the User has its residence or domicile or, at the User’s choice, the Court of Naples. With respect to users from European member States, the User also has the right to bring any dispute before the courts of the member state of the of its residence or domicile. Moreover, the User may request mediation, as set forth in Italian Legislative Decree 28/2010, for the resolution of any unresolved disputes in the interpretation and execution of these sales conditions via the online dispute resolution service of the Milan Chamber of Arbitration at the following website https://www.risolvionline.com/index.php or through the platform rendered available by EU Commission, by accessing the following site: https://webgate.ec.europa.eu/odr.