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1. GENERAL INFORMATION AND OBJECT OF THE CONTRACT
1.1) NEWTOON offers personalized stickers in durable and quality crystal. Through the website www.hyena-mx.com, we sell personalized sticker products according to customers' tastes, made under the HYENA.IT brand.
1.2) NEWTOON enters into a contract with its customers also by concluding facts under which, for a lump sum consideration generated through e-commerce "shopping cart" system, it makes and sells stickers suitable according to the type of motorcycle, quad and kart.
1.3) The Consumer chooses the graphic to be displayed on the stickers from those offered on the website www.hyena-mx.com or he can recommend a personal graphic to the staff. He/she chooses the most suitable type from those available, finally adds the texts and decides on the colors.
1.4) NEWTOON makes the Kit according to the information provided by the consumer and confirmed by sending confirmation of the order forwarded to the e-mail address provided by the buyer, and takes care of its delivery.
1.5) Digital printing allows you to create infinite shades of color, however it is difficult, and in some cases impossible, to reproduce exactly the original colors of the bikes. That being said, we disclaim any responsibility for inaccurate shades.
1.6) We do not recommend the application of crystal stickers, being made with screen printing background, on plastics and/or fairings where there is already a print (like the latest KTM and Husqvarna), because the underlying writing could show through. We recommend application on new plastics and/or fairings, precisely to avoid this kind of problem.
1.7) The consumer must understand that since these are very often stickers, the covering cannot be compared to either wrapping films or even painting, and that the cut cannot always be accurate to the millimeter.
1.8) Any kind of product of any color, and especially fluorescent colors, when exposed to the sun may undergo variations. Such variations are not to be considered defects or faults in the product. "It is also specified that for non-contextual product orders, i.e., placed in different time periods, color gradations may be subject to change. The customer is therefore requested, in order for the best outcome of the final product, to place orders simultaneously."
2. CONCLUSION OF THE CONTRACT AND PAYMENTS
2.1) Upon booking, the buyer shall pay in full the consideration referred to in Article 1.2 in the manner specified in the booking form
2.2) The above term is of an essential nature, pursuant to and for the purposes of Article 1457 Civil Code having regard to the seller's interest.
2.3) The contract of sale and purchase will be concluded when the customer makes payment of the price of the supply, thus accepting the contract proposal by whatever means it is formulated.
2.4) The general terms and conditions of sale set forth herein shall apply to each and every contract of sale as perfected above - even if not stated and expressly accepted. In no event shall Newtoon’s conduct be taken as evidence of acceptance of any contractual terms and conditions other than those set forth in these Terms and Conditions.
2.5) Newtoon reserves the right to cancel the Customer's order in the event of requests that are unfeasible, inconsistent with its corporate policy, or that are made in violation of these Terms and Conditions.
3. CHARACTERISTICS OF THE PRODUCTS
3.1) Each sale and purchase agreement shall concern only the products expressly indicated in the orders and contractual documents.
3.2) Newtoon declares that the products manufactured comply with the Italian and Community sector standards applicable to them, but specifies that the representations and/or images of the same in catalogs, brochures, websites, or similar documents are merely illustrative and not binding.
3.3) The Customer, prior to the conclusion of each individual sale and purchase agreement and thereafter at the time of delivery, shall verify that the products are suitable for the specific purpose and/or use for which it intends to purchase them, exonerating Newtoon from any liability in this regard.
3.4) The Customer indemnifies Newtoon against any claims for alleged unsuitability/non-conformity of the purchased products.
3.5) In all cases, the customer acknowledges to Newtoon the quantitative and qualitative tolerance margins provided by custom and/or practice.
3.6) All customised designs commissioned from Newtoon shall remain the property of Newtoon, which may use them at its own discretion.
4.1) NEWTOON will promptly entrust the products purchased to the express courier, which guarantees delivery, throughout the national territory, within 24/48 hours starting from 10/15 working days (barring unforeseen circumstances) after the placing of the order. For foreign countries, delivery is more than 3 days, beyond the 10/15 working days (barring unforeseen circumstances) required for completion. Delivery is from Monday to Friday during normal working hours (9am-1pm; 3pm-7pm). In the event that the courier is unable to make the delivery due to the absence of the addressee, after two attempts he will leave a notice of attempted delivery with contact details to arrange delivery. The order is considered complete when: the customer has paid the order amount in full, has confirmed the correct drawing (if necessary) and we have all the data to be able to manufacture and ship the goods.
4.1b) Deliveries may be subject to delays caused by the operation of couriers depending on the contingency of the pandemic in some areas of Italy, Europe and the world in general. Therefore, the 10/15 working days are to be considered merely indicative and not binding for the purposes of the terms and conditions in force.
4.2) NEWTOON will make every effort to have the products delivered to the consumer within the times indicated, however it is specified that responsibility for delivery of the products lies solely with the courier. With the purchase, in fact, the Customer expressly releases NEWTOON from any liability whatsoever with regard to the delay or non-delivery of the products. Therefore, any request and/or complaint must be made solely to the delivering courier.
4.3) The consumer is obliged to contact NEWTOON in the event of late delivery and in any case to report any inefficiency detected to the following e-mail address: firstname.lastname@example.org.
4.4) The delivery times indicated are to be considered purely indicative and any delays with respect to the same, or any deliveries made in successive split consignments, do not entitle the Customer to refuse the delivery or to claim compensation or indemnity.
4.5) With regard to deliveries requested to countries outside the European Union, any customs import charges shall be borne by the recipient.
4.6) If the Customer deems it necessary to use special packaging or additional protection, it must expressly request this to Newtoon, which shall bear the additional costs.
4.7) Newtoon assumes exclusively the obligation to deliver the Products to the courier, any further obligation being excluded. It will be the latter that will provide for the shipment and delivery of the goods.
5. RETURNS POLICY
5.1) Pursuant to Article 55, paragraph 2, letters a) and d), the consumer may exercise the right of withdrawal provided for in Articles 64 et seq. of Legislative Decree no. 206 of 6 September 2005, but not on customised products such as stickers and clothing, within 14 (fourteen) working days from the date of receipt of the products.
5.2) In order to exercise the right of withdrawal referred to in Article 5.1 above, the Customer must send to NEWTOON a communication, within the terms indicated, to the following adress email@example.com. NEWTOON will retain the shipping costs incurred, both for the procurement and return from/to the supplier, and for any sending/collection to the Customer's domicile.
5.3) In the event of withdrawal, the Customer must re-send the products to NEWTOON at its own expense within 14 (fourteen) days of withdrawal, to the following address
Via Enrico Mattei, 26
6. PROHIBITION OF ILLEGAL CONTENT
6.1) The Consumer undertakes not to upload via the www.hyena-mx.com website or request Kits to be printed that contain:
a) unlawful, threatening, offensive, harassing, defamatory, obscene, libellous images or writing, inciting racial or ethnic hatred or discrimination.
b) any colours, images or inscriptions that infringe patents, trademarks, copyrights or other intellectual property rights of third parties.
c) any private or personal information or image of any third party without their written consent.
6.2) The consumer declares, under his or her sole responsibility, that the content uploaded to the website www.hyena-mx.com and for which he or she requests a print-out have been checked by him or her in advance and do not violate the prohibitions set out in Article 6.1) above, and also declares that he or she has not requested a print-out of anything that he or she did not have the right to publish.
6.3) If NEWTOON discovers that the contents uploaded by the Consumer via the website www.hyena-mx.com and for which the Consumer requests a print-out violate the provisions of points 6.1) and 6.2) above or the laws in force, NEWTOON will not process the order and supply the Kit and will withhold an amount corresponding to 20% of the price paid by the Consumer as reimbursement of expenses.
6.4) NEWTOON hereby declares as of now that it disclaims any and all liability for the breach by the consumer of the provisions of this article.
6.5) The HYENA.IT brand can only be removed from our products by paying a surcharge of 20% on the product total amount.
6.6) In the event that the parcel goes into storage, NEWTOON can decide either to have the parcel returned to its premises or to send it to the scrapyard, so as not to incur additional costs. If the customer wants it back, he has to repay the shipping costs, already incurred by NEWTOON, twice.
6.7) Within the scope of communications with the customer, including reviews issued on websites, social networks and the like, the latter shall comply with correct language that is functional to the activity of purchasing Hyena-branded products.
Any reviews issued on online platforms must comply with the criteria of composure, relevance, continual exposition and truthfulness.
In particular, insulting, false and defamatory expressions are forbidden, pursuant to these terms and conditions of sale as well as by law, and as such shall be removed. In the event of blatant breaches, Newtoon reserves the right to take legal action before the competent courts to protect its image and reputation.
7. INDEMNITY CLAUSE
7.1) The Consumer undertakes to indemnify, compensate and hold NEWTOON harmless from any claims that may be brought against it as a result of infringements of this agreement by the Consumer, such as, but not limited to, infringements of the copyright, trade mark or other intellectual property rights of third parties, as well as the other obligations set out in clause 6) above.
8.1) The product guarantee operates within the limits set by Article 1495 of the Civil Code, subject to the further limitations set forth in this Article and those relating to use.
8.2) If the Customer finds defects in the Products, he/she must make a complaint to Newtoon in writing, under penalty of forfeiture, within 8 (eight) days of receipt of the same. The claim must include the invoicing data and a precise description of the defect complained of accompanied, where possible, by photos.
8.3) Hidden defects, under penalty of forfeiture of the guarantee, must be reported to Newtoon in writing within 8 (eight) days from the date of discovery of the defect.
8.4) An action by the purchaser to assert the guarantee for defects shall in any case be time-barred within a period of 12 (twelve) months from delivery of the Products.
8.5) Similarly, the customer releases Newtoon from the guarantee arising from the incorrect use – such as inappropriate application of the products, modification or normal wear & tear of the products.
9. APPLICABLE LAW − COMPETENT COURT
9.1) Any sales contract entered into between Newtoon and the customer, including those with registered office or residence outside Italian territory, for anything not expressly governed by these general terms and conditions of sale, shall be governed by Italian law.
9.2) In the event of an international sale, in the case of customers having their domicile or residence outside the territory of Italy, the 1980 Vienna Convention on International Sales and the Italian Civil Code shall apply insofar as not regulated by these general terms and conditions.
9.3) Any dispute arising between the parties regarding the interpretation, validity or execution of each sale contract governed by these general terms and conditions shall be devolved to the exclusive jurisdiction of the Court of Caltanissetta.
10. TREATMENT OF PERSONAL DATA
10.1) The Buyer authorises the Seller to process the personal data necessary for the execution of each and every contract of sale that will be concluded between them with the application of the present general conditions of sale.
11. FINAL PROVISIONS
11.1) These general terms and conditions of sale may be amended, supplemented, varied exclusively by Newtoon in writing. Should any provision of these general terms and conditions of sale be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
12.1) Once the order is created and entered into the system, the customer may request its cancellation and refund, but Hyena shall retain 20% of the order as a reimbursement of expenses.
12.2) In the case of opening a Paypal case at the same time as the order is cancelled, the customer shall be charged a processing fee of 15&euros; .
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