Terms and Sale Conditions

1. Acceptance of these terms and conditions of sale

  1. All business relations between HTGEARS.COM and the Customer are governed exclusively by the following general terms and conditions of sale, unless expressly derogated from by special conditions agreed in writing with HTGEARS.COM and countersigned by both parties for acceptance.
  2. These general terms and conditions, as well as any special terms and conditions, shall be deemed accepted by the Customer even if they differ from the Customer's general or special terms and conditions of purchase. The latter shall only bind HTGEARS.COM if expressly accepted in writing.
  3. These general terms and conditions shall also be deemed accepted in full by placing an order online.

2. Orders

  1. Orders may be submitted to HTGEARS.COM in writing, by fax, e-mail or by placing them using various electronic tools such as the WEB, etc.
  2. Telephone orders may be accepted by the sales staff, but may only be processed by HTGEARS.COM following written confirmation of the order.
  3. If orders are placed via the WEB, the commercial relationship is not only governed by these general terms and conditions, but also by the general terms and conditions on e-commerce.
  4. The contract shall be concluded with the confirmation by HTGEARS.COM of the order issued by the Customer in writing or with the commencement of performance of the services and/or fulfilment of the order.
  5. The Customer may request the total and/or partial cancellation of the order, but HTGEARS.COM shall be entitled to accept or refuse the cancellation. The request for cancellation must be received by fax, e-mail or web

3. Prices

  1. Unless contractually agreed otherwise, the offers and price lists of HTGEARS.COM are those published. HTGEARS.COM reserves the right to change prices at any time, without prior notice.
  2. Orders, even if confirmed, shall be deemed accepted unless any price increases are imposed by suppliers or resulting from circumstances beyond the control of HTGEARS.COM, which, in such case, shall have the right to increase the sales prices charged to the Customer in proportion to the increase.
  3. In the event of a price increase of more than 5% between the date of order confirmation and the date of actual delivery, the Customer will be informed in writing by e-mail and may terminate the contract by notifying info@htgears.com in writing by e-mail within 2 working days of receipt of the notice.
  4. he prices applied are understood to be ex-warehouse.

4. Intermediaries and Agents

  1. Intermediaries and Agents do not have the power to bind HTGEARS.COM. Their offers are subject to the approval of HTGEARS.COM; and it retains the right not to execute an order until it has confirmed or commenced execution in accordance with Article 2(4).

5. Conclusion of contract, transport and product collection

  1. The contract is concluded upon confirmation by HTGEARS.COM of the order issued by the Customer in writing or by web.
  2. Shipments, unless otherwise agreed, will be made carriage paid, via defined carriers and by HTGEARS.COM. Shipping costs will be charged to the customer in the invoice according to the destination, weight and/or volume of the goods, additional services for example: costs for delivery to inconvenient destinations, islands, flat delivery, deliveries at defined times, special logistics services, are to be agreed with the sales department and any additional charges by way of reimbursement of handling costs are charged to the customer. At the customer's request, it is possible to insure the shipment for the full value of the goods, charging the costs incurred. In the event of theft/loss/damage HTGEARS.COM is obliged to consider only the specific reservations set out in the consignment note completed by the customer on receipt of the goods. HTGEARS.COM is therefore exempt from compensation in the event of generic or missing reservations or reservations not indicated to the carrier upon receipt of the order. In the event of partial or total theft/loss, declared at the carrier's sole discretion, of an insured shipment (with specific reservation, as indicated above), HTGEARS.COM undertakes to send a voucher of equal value (excluding shipping costs), to be used on its website, only when the carrier has confirmed the theft/loss of the shipment. If the product arrives damaged (subject to specific reservation, as indicated above), the Customer must forward an RMA request in accordance with the procedures indicated in Article 7 in this document.
  3. In the event that the carrier has been appointed/assigned to transport the order by the Customer (carriage forward), HTGEARS.COM will not issue any refund in the event of theft or loss and/or damage to the product and will not be liable in any way from the time the goods are handed over to the carrier.
  4. f the Customer wishes to collect the products from HTGEARS.COM warehouses directly or through its appointed carrier, the Customer may do so within 7 days from the date of invoicing of the goods or from the date on which it was informed by e-mail of the availability of the products, but only and exclusively after payment. After this deadline, the products ordered will not be kept at the Customer's disposal.

6. Delivery terms and order processing methods

  1. Delivery terms are indicative and not essential.
  2. Each individual order or delivery shall be considered autonomous and independent from any other order or delivery.
  3. HTGEARS.COM reserves the right to fulfil the order also through partial deliveries. If the Customer intends to refuse any partial delivery of the goods, it must declare this in writing in advance.
  4. HTGEARS.COM reserves the right not to accept a Customer order containing a request for complete and unique fulfilment of the goods ordered. In this case, acceptance of the order by HTGEARS.COM shall be deemed binding only if expressly confirmed in writing.
  5. In the event that delivery of the goods ordered is rendered impossible or more onerous due to causes beyond HTGEARS.COM's control, HTGEARS.COM may terminate the contract by simply notifying the Customer in writing by e-mail.
  6. If the Customer wishes to terminate the contract due to a delay in delivery with respect to what has been communicated in writing by HTGEARS.COM, the Customer must ask HTGEARS.COM in writing to process the order, or the part of the order that has not been processed, within a reasonable period of not less than 21 days. The contract shall be deemed to be terminated if HTGEARS.COM fails to deliver within the term assigned to it. In the event of termination of the contract due to HTGEARS.COM's failure to deliver within the term assigned to it, the customer expressly waives its right to claim damages for non-delivery.

7. Products Returns

  1. Requests for the return of goods to HTGEARS.COM must be received in writing by e-mail, stating the reasons for the request, citing the references of the purchase document and must be expressly authorized by HTGEARS.COM following the assignment of the “return number” (RMA) to be highlighted on the outer packaging of the box with which the material is returned. Can not be requested and will not be authorized in any case, returns of merchandise or products whose invoice reads “Non-Returnable SKU”, subject to PROMO or for reasons of hygiene, all undergarments.
  2. Once the return is authorized, a self-filling .pdf form will be sent to you to return by e-mail. No merchandise return requests will be accepted after 14 days from delivery.
  3. Any goods returned by the customer in any form without authorization (RMA) will be refused.

8. Manufacturer's warranty

  1. The parties acknowledge that HTGEARS.COM is exclusively a trader of products manufactured by third parties; therefore, the warranty relating to the proper functioning of the delivered products is limited to that granted by the manufacturer and/or trademark holder.
  2. If and only to the extent provided for in the manufacturer's and/or brand owner's warranty for the product marketed by HTGEARS.COM, in the event of proven material defects in the product, HTGEARS.COM will replace the defective components. The validity of the latter warranty is, however, strictly subject to the exact use of the product supplied as specified in the catalogues, warnings and instruction booklets.
  3. Complaints regarding products delivered by HTGEARS.COM to the Customer must be received by e-mail to Customer Service within 14 days of receipt of the goods, enclosing a copy of the purchase document clearly stating the reasons for the complaint. After this deadline, the complaint can no longer be accepted.
  4. Under no circumstances does HTGEARS.COM guarantee that the products supplied are suitable for the user's specific needs.
  5. HTGEARS.COM will be liable for damages suffered by persons or things other than the products covered by the contract for the consequences arising from the use of the product, only if it is, or is legally found to be, the importer of the product within the European Union and only if such damages result from its willful misconduct or gross negligence and exceed the value of €387.34.
  6. In no other case shall HTGEARS.COM be obliged to indemnify the user or third parties for the consequences arising from the improper use of the product by the customer, for direct or indirect damage, accidents to persons, damage caused to property other than the material, loss of benefit or loss of profit, damage caused or which will be caused by the deterioration of the product.

9. Warranty

  1. If the Customer proves that a defect in the operation of the product is due to a defect in its custody attributable to HTGEARS.COM, HTGEARS.COM shall be liable if the defect is such as to render the product unsuitable for its intended use, appreciably diminish its value, or if it lacks the qualities promised or essential to its use.
  2. Except with the prior written consent of HTGEARS.COM and unless the defect could not be known without opening the packaging, no return will be accepted unless it is intact, in its original packaging, undamaged, and without stickers or labels other than the original ones.

10. Terms of payment

  1. All orders are payable in Livorno, Italy and the amount to be paid is understood to be net and without any additional discount. The payment terms are those stated in the invoice (or accompanying document) sent to the Customer or by means of the payment systems on the website.
  2. If the Customer makes payment by Credit Card, debit card, Banco Posta, PayPal or similar, the Customer acknowledges and accepts that payment made by such payment instruments may be collected by electronic systems on behalf of HTGEARS.COM by the company to which HTGEARS.COM has granted such authority. HTGEARS.COM hereby declares that successful payment by Credit Card, Debit Card, Post Office Bank, PayPal or similar means of payment made to the company to which HTGEARS.COM has granted such authority shall be deemed to be payment in full of the Order/Invoice issued by HTGEARS.COM.

11. Non-payment

  1. Each order or delivery shall be considered autonomous and independent of any other order or delivery. Any dispute between the Customer and HTGEARS.COM may not, under any circumstances, give rise to suspension of payment of other orders or invoices or of the non-contentious part of the order or invoice.
  2. Incomplete delivery of an order shall not entitle the Customer to refuse payment of what has been delivered.
  3. Except in the case provided for in Article 6 (3), HTGEARS.COM shall be entitled to issue partial invoices according to the deliveries made.

12. Export Restrictions

  1. The Customer agrees to comply with the export control regulations promulgated by the United States as well as NATO and the legislation of the European Union and its Member States in this regard.
  2. When exporting products outside the European Union, the Customer must obtain the manufacturer's prior written authorisation.
  3. The Customer undertakes not to export or re-export, directly or indirectly, the products to embargoed states or to sell products to companies or individuals whose names appear on the "Denied Person List" published by the US Department of Commerce or Italian Laws.
  4. n the event of failure to comply with the provisions set out in Art. 12, points 1 and 2, the Customer shall indemnify HTGEARS.COM against all damages, costs, expenses and charges that may be incurred by HTGEARS.COM as a result of such failure.

13. Anticorruption

  1. The Client declares that it adheres to the provisions of Legislative Decree No. 231/01, as amended and/or supplemented, and of the US Foreign Currupt Practices Act (available at http://www.justice. gov/criminal/fraud/fcpa/), undertaking not to make direct or indirect payments, offer payments, authorise payments of money and/or tangible assets, promise goods or authorise the offering of goods of any value to any politician or government official and their families with the aim of influencing a governmental act or decision in order to secure, directly or indirectly, a business transaction or improper advantage for the benefit of the customer and/or HTGEARS.COM.
  2. The Customer undertakes to comply with the provisions of Section 13 item 1 also in respect of non-governmental bodies or private persons.
  3. The Customer declares that has read Art. 13, points 1 and 2, and the principles contained therein, and undertakes to comply with its provisions, it being understood that violation of said provisions shall entail termination of the contract.

14. Use in a Hazardous Environment

  1. The Customer is expressly warned that certain products may not be used in a nuclear or any other hazardous environment. The Customer undertakes to respect all precautions and restrictions on use made in this regard by the manufacturers.
  2. The Customer undertakes to indemnify HTGEARS.COM against all damages, costs or liability that it may incur in the event of use in violation of the provisions and/or reservations and precautions of use made by the manufacturers in this regard.

15. Jurisdiction and Applicable Law

  1. For any dispute, the Court of Livorno, Italy shall have exclusive jurisdiction.
  2. The contract between HTGEARS.COM and the Customer, and thus everything not expressly provided for in these general sales conditions, is governed by Italian law.