Legal notice
This is and excerpt of points 8, 9, 10, 11, 12 of Terms of service
Guarantees and Assistance
The products offered on the Website comply with Italian legislation and EU legislation in force in Italy.
The sale of the Products is subject to the legal guarantees established by articles 128, 129, 130, 131, 132, 133, 134 e 135 of the Italian Consumer Code. The Legal Warranty is for consumers only. In the event of a lack of conformity of the purchased products with regard to the description published on the Website, the user has the right to a repair or replacement of the product without any additional expense, where this is possible in relation to the number of items still available for sale and subject to whether the replacement or repair is not excessively burdensome for the seller in consideration of the value that the goods would have if there were no lack of conformity and the extent of this defect. Alternatively, the user has the right to have the price reduced or the contract terminated. In any case, users are invited to contact the HIPRO SRL Customer Service team at the address support@lybracoustics.com to agree upon the preferable solution.
HIPRO SRL is liable to the consumer for any lack of conformity at the time the product is delivered, or that occurs within five years from the delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
In case of termination of the contract, HIPRO SRL will refund the price paid by the user.
In any case, the refund amount will be communicated to the user via email and credited to the payment method used by the user for the purchase.
The user must agree with the HIPRO SRL Customer Service team on the shipping methods to return the goods.
Products repaired, modified or altered in any way by the user are excluded from the Legal Warranty. By the same principle, the Legal Warranty shall not be applicable to any faults, malfunctions or defects of any other type caused by accidental events or under the user's responsibility, specifically due to use, positioning and/or assembly of the product not executed in a workmanlike manner and, in any case, that does not comply with its intended use and/or as set out in the documentation/technical manual attached to the product or in the instructions for use relating to the same.
The conventional guarantees relating to the products sold are those provided directly by the manufacturer.
HIPRO SRL is not responsible in case of damage of any kind that derives from improper use and/or storage and/or not in compliance with the manufacturer's instructions and/or in any case deriving from unforeseeable circumstances or force majeure. No responsibility can be imputable to the seller company in relation to dynamic stresses that the User must test before assembly.
HIPRO SRL will not be liable in the event of loss of revenue, profits, data or any other indirect damage of any kind arising from or related to the contracts subject to these General Terms and Conditions of Sale. In any case, the responsibility of HIPRO SRL cannot exceed the total value of the purchase order.
In no event will HIPRO SRL be held responsible for the non-fulfillment of any of the obligations deriving from the contracts subject to these General Terms and Conditions of Sale if the non-fulfillment is caused by unforeseeable circumstances and/or force majeure.
Right of withdrawal
The Customer – if deemed to be a final consumer – pursuant to Legislative Decree 6 September 2005 n 206 and subsequent additions and amendments, including Legislative Decree 21 February 2014 n 2, Law 3 May 2019 n 37 e Law 12 April 2019 n 31, has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer acquires physical possession of the same Product.
To exercise the right of withdrawal, the Customer must:
- submit a communication indicating the Customer's intention to exercise the right of withdrawal pursuant to article 52 of the Consumer Code. This communication must contain the following information: indication of the Product for which the Customer wishes to exercise the right of withdrawal; order number and, if the Customer has purchased the Products via bank transfer, the Customer IBAN code to which the refund must be made. The communication must be sent via registered letter to the following address: HIPRO SRL with registered office in Vicopisano (PI) Via Provinciale Vicarese n 240, 56010, Italy and via email to the address: support@lybracoustics.com. HIPRO SRL will send an email to the Customer with instructions for the collection of the Product, which will be carried out exclusively by HIPRO SRL and its trusted courier. Return shipment costs have to be paid by the purchaser.
Within 14 days, the Customer must return the purchased Product to HIPRO SRL by sending it, according to the instructions that HIPRO SRL will indicate in relation to the value of the Product, to the following address: HIPRO SRL with registered office in Vicopisano (PI) Via Provinciale Vicarese n 240, 56010, Italy.
The return can only be accepted from the country in which the delivery took place.
The Customer is solely responsible for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and functioning; therefore, the Customer is obliged not to remove any labels applied to the Product.
HIPRO SRL reserves the right to refuse returns communicated or sent late or after the deadline of 14 (fourteen) days from the date on which the Customer acquires physical possession of the same Product. The returned product must not have been used, it must be accompanied by the attached warranty and any other accessories and the packaging must not show signs of wear, abrasions and scratches.
HIPRO SRL will provide for the full refund of the amount paid by the Customer, in any case, no later than 14 days from the date on which HIPRO SRL from the date of receipt of the returned goods. HIPRO SRL will make this refund with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed.
HIPRO Srl will suspend reimbursement until the receipt of the returned product. Refunds will be made in the same purchase currency. Any losses due to currency fluctuations will not be reimbursed.
To exercise the withdrawal, the following provisions apply:
A) The user has a period of 14 days from the date of receipt of the ordered product to clearly communicate their intention to return the product in the forms indicated above. In case of multiple purchases made by the customer with just one order and delivered separately, the term of 14 days starts from the date of receipt of the final product ordered.
B) The products must be returned intact and suitably packaged, preferably in their original packaging, together with all accessories. The user must include a copy of the order confirmation and a copy of the paper purchase receipt enclosed within the shipment.
The user is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In this case, HIPRO SRL reserves the right to request that the user pays for the decrease in value determined.
The right of withdrawal is excluded when the sale relates to made to measure or customized products or products that have been opened after delivery.
HIPRO SRL also reserves the right to refuse unauthorized returns or returns that do not comply with all of the above-mentioned conditions. In these cases, the goods will be returned to the sender at the original shipping address.
Website Contents and Intellectual Property Rights
The contents of the Website www.lybracoustics.com, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, designs, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics, colours, schemes, tools, fonts and website designs, diagrams, layouts, methods, processes, functions and software, and other information that may be accessible to Users and more generally to visitors to the website are protected by copyright and any other intellectual property laws by HIPRO SRL as the licensee, specifically the owner of the rights. It is forbidden to reproduce, modify, duplicate, copy, distribute, sell or otherwise utilize the images and contents of the Website unless previously authorized in writing by the owner. Any use of the contents of the Website for commercial and/or advertising purposes is also prohibited.
All other distinguishing marks not owned by HIPRO SRL as the licensee, possibly present on the website, are registered trademarks of their respective owners and are used under license, for the only purpose of distinguishing, describing and advertising the products for sale on the Website.
All unlawful and unauthorized use of the above-mentioned distinguishing marks is prohibited. It is in no way permitted to use any distinguishing mark on the Website to take unfair advantage of the distinctive character or reputation of these marks or in such a way as to prejudice them and their owners.
Users are in no way permitted to alter, change, modify or adapt the Website or the material made available.
Any violation shall be punished in accordance with the applicable legislation.
Disputes, jurisdiction and competent court
This contract is governed by Italian law.
For any dispute related to the online sales contract or these Terms and Conditions of Sale that may arise between the Seller and the User – if the user qualifies as a consumer – the competent court is that of the consumer's place of address or domicile, if located within the Italian territory.
HIPRO SRL sells exclusively to Consumers through its Website. If a professional and/or non-consumer purchases products on the Website in contravention of the prohibition of purchase, the general terms and conditions will be governed by Italian law. In the event of a dispute, the only competent court will be that of Pisa.
The seller informs the consumer that the European Commission provides a platform for alternative/out-of-court dispute resolution, accessible on the website http://ec.europa.eu/odr. The consumer's right to refer to the competent judicial authority for disputes arising from these conditions of sale is reserved.
A consumer who resides in an EU member state other than Italy can also access the European procedure established for small claims governed by Regulation (CE) n 861/2007 of the European Council, provided that the dispute does not exceed the overall value of € 2.000,00 (euro two thousand/00). The regulation text is available on the website eur-lex.europa.eu.