General Terms and Conditions of Sale

Introduction

These General Terms and Conditions of Sale apply to all sales of products by HIPRO SRL with registered office in Vicopisano (PI) Via Provinciale Vicarese n 240 P.IVA/C.F.: IT 02244000507 (defined below as “HIPRO SRL ”) concluded via distance contract through the website at the address www.lybracoustics.com (hereinafter referred to as the "Website").

The distance selling service governed by these General Terms and Conditions of Sale are reserved exclusively for a consumer user (hereinafter also referred to as the "Customer") who has:
a) read the information note relating to the processing of personal data;
b) accepted the General Terms and Conditions of Sale.

 DEFINITIONS

In these contractual terms and conditions, the following terms, unless otherwise explicitly indicated, have the meanings defined below:
Website: the internet portal www.lybracoustics.com
Seller company: HIPRO SRL with registered office in Vicopisano (PI) Via Provinciale Vicarese n. 240 VAT number: IT 02244000507 tel.+39 392 055 18 16, registration number REA PI–192306 e-mail: info@lybracoustics.com
owns the website on which movable property is offered for sale.
Customer: the purchaser of the goods selected on the website.
Consumers: natural persons who act for personal and non-professional purposes unrelated to their trade, business, craft or profession.
Products: the set of goods offered for sale on the website and the subject of the purchasing contract.
The product definition also includes packaging, wrapping, accessories, components and anything else that forms part of the goods delivered to the Customer.
Purchase order: the proposal to purchase a product submitted by the Customer to the company electronically via the portal. www.lybracoustics.com
Contract: the contract concluded according to the General Terms and Conditions of Sale described below.

In any case, the Products and their Prices constitute an offer to the public in accordance with the methods specified in these terms and conditions of sale, which apply exclusively to purchases made on this Website.
No deliveries are made to Post Office Boxes or Poste Fermante.

The company reserves the right to change the terms and conditions. Any changes or new General Terms and Conditions of Sale and/or price updates will be effective from the time of publication on the website of Hipro srl and will be exclusively applied to sales concluded after any such publication. We invite users to regularly access the Website and check the publication of the most updated General Terms and Conditions of Sale.
Hipro srl publishes information on its website in order to provide a service to its customers.
However, it accepts no responsibility for the possibility of any technical or factual inaccuracies and/or typographical errors, which will be corrected immediately as soon as it is made aware of them.

 1. Identity of the seller

The website www.lybracoustics.com is the exclusive property of the company: HIPRO SRL with registered office in Vicopisano (PI) Via Provinciale Vicarese n 240 VAT number: IT 02244000507 tel.+39 392 055 18 16, registration number REA PI–192306 e-mail: info@lybracoustics.com, share capital € 10.000, email address to send to communicate: info@lybracoustics.com. The purchase of products on the website www.lybracoustics.com is governed by these General Terms and Conditions of Sale (drawn up in accordance with Italian law and in particular with the Italian d.Lgs. 70/2003 and d.Lgs.206/2005). Before confirming an order, it is recommended that the Customer carefully reads the General Terms and Conditions of Sale and the information contained therein and to print or save them on another accessible, durable medium.

For further information regarding the products or the conditions of sale, send an email to a info@lybracoustics.com before proceeding with the order. The company HIPRO SRL will be responsible for contacting the customer to satisfy their requests. The placing of an order by the Customer constitutes acceptance of the Terms and Conditions of Sale in force at the time of ordering.

2. Subject of the online Purchase Contract and its conclusion

The online purchase contract is a distance contract that concerns movable property, stipulated between HIPRO SRL and a consumer and/or customer. All of this takes place within a remote sales system organised by the supplier who exclusively uses remote communication technology, referred to as the internet, for this contract. The contracts, therefore, will be concluded directly through the consumer's and/or customer's access to the website corresponding to the address www.lybracoustics.com where, following the instructions provided, they will conclude the contract.

The General Terms and Conditions of Sale must be approved in order to purchase the goods on the Website. Failure to accept the General Terms and Conditions of Sale will make it impossible to make purchases.

Registration on the Website, which is optional, is free. To register, the user must complete the registration form, inserting an email address and a password (hereinafter the "Registration Credentials") which the user must confirm. The registration is confirmed via an email sent to the address provided by the user.

Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. In the event of suspected improper use of the same, the user must notify HIPRO SRL without delay. The user can change the Registration Credentials at any time by accessing the "Account" section on the Website.

The user guarantees that the Registration Credentials provided during the registration procedure on the Website are complete, accurate and true. The user agrees to hold HIPRO SRL harmless from any indemnity obligations or sanctions deriving from and/or in any way connected to the user's violation of the rules regarding registration on the Website. The user is solely responsible for accessing the Website through their Registration Credentials. The user is directly liable for any damage or prejudice caused to HIPRO SRL or third parties by improper use, loss, misappropriation by others or the lack of adequate secrecy of their Registration Credentials. All of the operations carried out through the Registration Credentials are considered to have been carried out by the Customer to whom the Registration Credentials refer.

The Services are provided in English.
Each user is permitted to register on the website only once.
In the personal "Account" area on the Website, the user can view completed orders as well as manage and save their personal data.

HIPRO SRL reserves the right to refuse the registration of any user if it deems there are valid reasons. HIPRO SRL also reserves the right not to accept orders coming from anyone, which are atypical with regard to the number of products purchased or the frequency of purchases made on the Website.

The user may cancel their subscription to the lists dedicated to commercial offers at any time, simply by clicking on the link “unsubscribe” featured at the bottom of each newsletter that will be sent from the website HIPRO SRL.

HIPRO SRL informs the user that:
The presentation of the products is not a binding offer from the company but an invitation to any customer to submit a proposal to the company. In the proposal, the Customer can indicate products published on the website and described in the respective product descriptions therein. The customer may also request customized and tailor-made products from the company following the instructions on the website. In any case, the acceptance or rejection of the Customer's proposal is at the full discretion of HIPRO SRL
- to conclude the purchase contract for one or more products on the Website, the user must fill out an order form in electronic format and submit it to HIPRO SRL electronically, following the instructions that will appear in each instance on the Website, accompanying the different stages of the purchase;
- the contract is concluded when HIPRO SRL registers the order form, after verifying the correctness of the data relating to the order and payment;
- before proceeding with the submission of the order form, the user will be able to identify and correct any data entry errors by following the instructions indicated on the Website in each instance, accompanying the various stages of the purchase. Once the order form has been registered, HIPRO SRL will send a confirmation email to the user via the email address indicated. This email will contain a link to the General Terms and Conditions of Sale, as well as the procedures for exercising the right of withdrawal, information relating to the characteristics of the product purchased, the detailed indication of the price, the means of payment used, the shipping costs that are never included in the price of the product and any additional costs as well as contact information for the customer service. It is recommended to retain the email received as proof of purchase or to store it on a durable medium;
- the order form will be filed in the database of HIPRO SRL for the time necessary to process the order and, in any case, in accordance with the law. Only registered users will be able to access their order form. The user can consult the "Account" – "Purchase History" section of the Website, where they will find the list of all the orders placed.

3. Prices, characteristics and availability of products

The prices of the products indicated on the Website may be expressed either in euros in the taxable price (VAT, taxes and duty not included). The prices do not include the costs of delivering the goods, which must be calculated separately. The amount of shipping costs for the delivery of goods in Italy or abroad will vary according to the quantity, weight, and size of the product purchased by the user.

Any additional costs, according to the payment method, will be expressly indicated at the end of the order. Shipping costs are applicable to all orders and will be indicated on the website and throughout the purchase process carried out by the customer. A courier chosen directly by the company will deliver the goods. The customer is not entitled to choose the courier for the delivery of the products.

The seller company reserves the right to change its prices at any time. The current price will be communicated to the user during the phase of any new purchase.
The products will remain the property of HIPRO SRL until the full settlement of the amount due.

HIPRO SRL will only process the purchase order after receiving confirmation of the payment authorization for the total amount due, consisting of the purchase price.
HIPRO SRL reserves the right not to accept or, in any case, not to confirm orders from users with whom disputes are pending or in the case referred in following under this article.

It is understood that the images accompanying a product description may not perfectly represent its characteristics, as the products may differ in color, size and accessories from those shown in the figure. The product descriptions are purely indicative and may contain involuntary errors.

The offers published on the Website are available for a limited time and with a limited quantity of products. The validity date of the offers is indicated on the Website. The products offered on the Website are limited in number. Consequently, it may well happen that the ordered product is no longer available after submitting the purchase order. In particular circumstances, HIPRO SRL may not be able to ensure the availability of all the products offered and, therefore, cannot be held responsible for the temporary unavailability of one or more products. However, HIPRO SRL undertakes to promptly inform the Customer if the ordered product is unavailable. If the payment has already been made, HIPRO SRL will refund the amount paid by the user immediately and, in any case, within fourteen days starting from the day following the submission of the order. The refund amount will be communicated via email and credited to the same payment method used for the purchase or as otherwise agreed with the user. The time it takes to credit the refund depends on the credit card used. The credit usually appears on the card statement within two months. If the recipient indicated on the purchase order does not correspond to the purchaser of the product, the amount will be credited to the original purchaser or the holder of the credit card and the account used for the payment. Refunds are made in the same purchase currency. Any losses related to currency fluctuations will not be reimbursed. HIPRO SRL does not accept any responsibility for any delays in crediting, which depend on the bank or the type of credit card used for the payment.

4. Purchaser's obligations

When inserting personal data to register on the Website, the purchaser is absolutely forbidden from entering false and/or fictional data. The Customer is considered solely responsible for entering their data. If purchasing via credit card, the consumer authorizes HIPRO SRL to collect the sum paid by the same, and to debit the total amount shown as the cost of the "online" purchase from their current account in favor of HIPRO SRL.

5. Personal Data Processing

By filling out the personal data sheet in the procedure necessary for the execution of this contract, the Customer authorizes HIPRO SRL to communicate non-sensitive personal data (address, telephone number) to the trustworthy couriers entrusted with the delivery of the purchased goods in order to allow the execution of all the procedures which are necessary to deliver the purchased products. Personal data are collected exclusively to register the customer and activate the procedures for the execution of this contract and the necessary related communications. Following the customer's authorization, this data may also be used for commercial purposes; such data may be exhibited exclusively at the request of legal authorities for control purposes. The Customer undertakes to provide HIPRO SRL with a copy of their identity documents if deemed necessary for the purpose of any checks. Failure to comply with the aforementioned request authorizes HIPRO SRL to immediately terminate the contract for non-fulfillment.

To request an invoice, Customers must indicate their Tax Code and/or VAT number.

6. Payment Methods

Payment for products offered for sale by the seller company can only be made by one of the following means: credit card or bank transfer.

Each user declares that they have the full right to use the chosen payment tool.

HIPRO SRL reserves its right to refuse certain payment methods at its sole discretion.

• Credit Card, from the moment this service is activated, the card will only be charged after verification of the credit card data used by the user for payment and when the credit card company that issued the credit card used by the user has authorized the charge.

• Bank Transfer:
If choosing payment by bank transfer, the customer will receive an email including the IBAN code of the current account in order to make the payment. The Customer must specify the order number in the reason for payment. The payment must be made within 48 hours of receiving the order confirmation. The Customer is also required to send a copy of the payment via e-mail to
info@lybracoustics.com within 48 hours of receiving the order confirmation. If HIPRO SRL does not receive a copy of the payment within this period, it reserves the right to cancel the order in the manner and terms that will be communicated to the customer. 
The order will be entered into the production circuit as soon as HIPRO SRL has verified the accreditation.

• Credit Card:
If choosing to pay via credit card, the customer enters their credit card details in a secure electronic banking system.
It is possible to make purchases with Visa, MasterCard e American Express.
All transactions are processed through a secure server, guaranteeing maximum data protection to Customers of HIPRO SRL. The Customer Service operators of HIPRO SRL are in no way allowed to request or accept credit card numbers and/or details. In order to guarantee greater protection on purchases made in the field of e-commerce, HIPRO SRL recommends that its Customers subscribe to the Verified By Visa o Mastercard Securecode services, requesting a PIN security code with which they can make their purchases in complete security. For more information please visit the site www.visaitalia.com or www.mastercard.com/it
If you have sufficient funds to make the purchase and the bank details provided are valid, the transaction will be processed instantly.

7. Shipping and Delivery

All shipments by HIPRO SRL are consigned to trusted couriers and are subject to a fee which will vary for delivery in Italy or abroad and will depend on the quantity, weight and size of the product purchased by the user.
The seller company will deliver the products purchased by the user in the manner selected by the user during the purchase phase.

The products are transported using suitable packaging specially designed to ensure the maximum safety of the products during transport. From the receipt of payment, the production times of the product are those indicated in the registered purchase order and specified in the purchase order confirmation.

Shipping will usually take place within 21/25 working days from the date of payment. Delivery times throughout the national territory are between 7 and 9 working days starting from the date of shipment, depending on the delivery destination. For international shipments, delivery times are 15/20 working days starting from the date of shipment, depending on the delivery country.
The shipping time frames should be understood as indicative and not binding. Any delays in delivering the goods do not give the user the right to terminate the concluded online sales contract.

The dispatch of the shipment is communicated to the Customer via email.
The delivery will take place exclusively at the destination address indicated by the Customer at the time of the order.

In the case of issues affecting delivery due to force majeure, HIPRO SRL will inform the Customer via email of the delay in delivery times. HIPRO SRL cannot be held responsible in any way for any delays due to third parties’ issues, such as any operations and checks and/or due to force majeure.

The Customer is required to check, at the time the Courier delivers the Products, that the number of packages delivered corresponds to the number indicated on the delivery note and that the packaging and relative seals are intact.
The delivery is deemed completed when the product is made available to the user at the address specified on the order form.

In the event of non-delivery due to the absence of the recipient at the specified address, the courier will leave a notification card to attest to the delivery attempt.
If the attempts are unsuccessful, the purchased product will be returned and, in this case, HIPRO SRL 

HIPRO SRL will only proceed with a new delivery attempt upon explicit request by the user and payment of additional shipping costs by the same.
It is the recipient's responsibility to verify the conditions of the delivered product.
Any damage to the packaging and/or the Product or discrepancies in the number of packages or indications must be immediately indicated in writing on the Courier’s delivery note. Furthermore, the user must promptly notify the HIPRO SRL Customer Service team via email at the address support@lybracoustics.com.

During shipment, the goods travel at the user's own risk and peril. Therefore, no responsibility shall be accorded to the seller company for any damage caused to the goods during transport or in the event of theft of the goods already delivered to the goods courier/carrier.

8. 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.

10. 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.

11. 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.

12. 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.

13. Modifications and updates

The General Terms and Conditions of Sale may be amended from time to time in consideration of possible regulatory changes. The new General Terms and Conditions of Sale shall take effect from the date they are published on this Website.

Date of update: 1 Dec 2022