Terms & Conditions
Welcome to our website blanca-h.com
These terms and conditions of use govern the access to and use of blanca-h.com. The access to and use of this website as well as the purchase of products on blanca-h.com are based on the assumption that these terms and conditions of use have been read, understood and accepted. Please read carefully the following provisions before you access the Website www.blanca-h.com (the "Website") or pages of it.
The Website is the property of HIM Co S.p.A. with registered office in Via Orobia, 34 - 20139 Milano and is managed by the latter and by the company Drop S.r.l., as company responsible for the management and the functioning of the Website and Data Processor.
TERMS AND CONDITIONS OF USE
1) PURPOSES AND FUNCTIONALITIES OF THE WEBSITE
We use the Website to promote and provide information on HIM Co S.p.A.'s products and collections. Specific sections in our Website may contain and make available additional functionalities. For example, users may be required to register and open a personal account by inserting their data in order to be granted access to reserved areas and contents, inManifattura Paoloniserted in specific mailing lists to receive newsletters relating to HIM Co S.p.A's products and initiatives, participate in marketing initiatives promoted by HIM Co S.p.A. create customized lists of favorite HIM Co S.p.A. products and purchase HIM Co S.p.A. products online, as well as for further purposes.
2) PRODUCTS AND SERVICES; WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
The information on products and services are intended for merely descriptive or promotional purposes. Although HIM Co S.p.A. make any reasonable efforts to ensure that the information available on the Website is accurate and constantly updated, HIM Co S.p.A. does not make any representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website, including for example product descriptions, indications on prices and/or availability thereof on the Website. We have made every effort to display as accurately as possible the appearance, and particularly the colors, of the products included on the Website. However, the actual color you see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors. The fact that certain products or services are included on the Website does not imply any guarantee to use the service or to be able to buy the products through the Website at a particular time and/or reference to the availability of the same. From time to time, we may modify or remove, either temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed on or made available through the Website, or make changes to the applicable prices for any such product or services, or to the circumstances in which we can modify and/or withdraw the products that we may be selling through the Website, without any notice to you.
3) HIM Co S.p.A.’S CONTENT
All rights, titles and interests in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the Website (collectively, "HIM Co S.p.A.’s Content") is owned by HIM Co S.p.A. and/or its licensors, if any. All HIM Co S.p.A.’s Content is protected by national intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights.
The use of the above mentioned intellectual property is allowed only for informative and private purposes. It is forbidden to copy, download, distribute, modify, create derivative works of, or extracts from, publish, or otherwise use or exploit such material without the prior written consent of HIM Co S.p.A. or, as appropriate, other owner of the corresponding rights or unless that such activities are not expressly permitted by a notice or instructions on the Website. However, it is prohibited to reproduce the intellectual property on the Website for the purpose of sale, distribution for commercial purposes, insertion or posting on other unauthorized sites. The violation of laws protecting intellectual property will expose the infringer to civil and criminal liability.
4) HIM Co S.p.A.’S TRADEMARKS
HIM Co S.p.A. reserves the right to take any legal action to protect their rights in the event of misuse.
5) USER’S CONTENT
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, picture and generally any materials that you submit to the Website or to HIM Co S.p.A. with reference to this Website or to the use of this Website or any part or section thereof (“User’s Content”) shall be deemed non-confidential and non-proprietary. We reserve the right to use such User’s Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. HIM Co S.p.A. shall have the unlimited right to use any ideas, concepts, know-how, or techniques received by HIM Co S.p.A. as User’s Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realized the relevant User’s Content being entitled to receive any compensation. HIM Co S.p.A. thus invites you not to send us through the Website any content, item or information that may fall within the aforementioned categories and/or that you consider to be confidential or proprietary.
6) THIRD PARTY CONTENT
The Website may contain, use or display content created by third parties, information obtained from public sources and/or links to external web sites or webpages operated by third parties ("Third Party Content"). HIM Co S.p.A. does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by HIM Co S.p.A. of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and HIM Co S.p.A. will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content. In case you access, in any form or manner, and for any purpose, such Third Party Content, HIM Co S.p.A. invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.
You acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content. HIM Co S.p.A. takes all measures necessary to reduce, as reasonably possible, the risk that the Website and HIM Co S.p.A.’s Content contain any viruses and defects. However, HIM Co S.p.A. cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Content. You are responsible of procuring the technological, computer and telecommunications means, as well as acquiring the knowledge, necessary to access and use the Website and HIM Co S.p.A.’s Content and for the related costs and expenses. HIM Co S.p.A. does further not warrant that the Website or any HIM Co S.p.A.’s Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and the Content are delivered on an “as is” and “as available” basis. In addition, HIM Co S.p.A. disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose.
8) YOUR USE OF THE WEBSITE
You acknowledge and agree that you may not and may not permit, assist or allow any third party to:
(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any HIM Co S.p.A.’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site;
(b) access or use this Website or any HIM Co S.p.A.’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means;
(c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the HIM Co S.p.A.’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any HIM Co S.p.A.’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
(d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any HIM Co S.p.A.’s server to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
(e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;
(f) breach the protection, security or authentication measures on the Website;
(g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;
(i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website;
(l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
10) ENTIRE AGREEMENTThe following Annexes constitute integral and essential part of these Terms and Conditions of Use:
- Annex 1: Terms and conditions of use of the account service
- Annex 2: Terms of sale
- Annex 3: Return policy
- Annex 4: Business Policy
11) GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use, and the relevant Annexes, are governed by the Italian Law.
All disputes arising in connection with them will be resolved by the Court of Milan.
TERMS AND CONDITIONS OF USE OF THE ACCOUNT SERVICES
HIM Co S.p.A. offers you the possibility of using specific account services ("Services")* on blanca-h.com:
- a. registration details: you can check and modify your personal details, the email and the password with which you registered.
- b. my orders: check details and shipping of all orders placed as a registered customer. After registration you will also be able to access the return form.
- c. wishlist: create your wishlist where you can save up to 50 items, check their availability and add them to the shopping cart at any moment;
- d. address book: save all your shipping addresses to complete the order process more quickly;
- e. credit cards: save your credit card details to complete the purchase process more quickly.
2.1 The user may register or subscribe to the Services of the Website available from time to time on the site.
2.2 When registering or subscribing for services, the user is required to provide accurate and truthful information. The user undertakes to promptly inform HIM Co S.p.A via the Website in case of any changes to the information provided at the time of registration or subscription in order to ensure that the same user can receive the messages sent by HIM Co S.p.A and avoiding that these messages be incorrectly transmitted to third parties.
2.3 The services are not intended for people under eighteen (18) years of age (or in any case minors according to the law of their country). Users who have not reached the required age are asked not to register and not to subscribe to any service. If HIM Co S.p.A becomes aware that the user has not turned eighteen (18) or the age required in his/her country to no longer be considered a minor (or has voluntarily made a false statement about his/her age during the registration procedure), HIM Co S.p.A will provide for the immediate cancellation of any registration or subscription by the user on the Website and will interrupt the provision of Services.
2.4 If you want to use the Services you must be an adult user, register on the Website by creating your account and accept these terms and conditions for use of the services ("conditions"). Registration is free. To create your 'My Account' you will need to fill out the registration form by entering the required information and guarantee that the information provided during the registration process is complete, correct and truthful. We will send you an e-mail to confirm your registration.
We remind you that the credentials to access your account must be used exclusive to you and cannot be transferred to third parties. Notwithstanding the legal limitations, HIM Co S.p.A cannot in any way be held responsible in the event that unauthorised third parties access your account. We therefore ask you to keep your credentials confidential and to immediately inform HIM Co S.p.A if you suspect that there has been unauthorised access to your account or that your password has been breached.
2.5 If the user is registered with a service that requires prior authentication (for example, an account or a wish list), the user undertakes to immediately inform HIM Co S.p.A if he/she suspects that there has been unauthorised access to his/her account or that the password has been breached. The responsibility deriving from the use of the account remains exclusively with the user, provided that such use is attributable to or derives from the failure by the user to adopt adequate password protection measures.
2.6 It may be necessary to use electronic communication channels for the provision of some services (such as email, sms or telephone). If you want to use these specific services, you will be asked to give your consent to be contacted by HIM Co S.p.A for the relative communications by sms, email or another communication channel.
3. Duration and termination
3.1 Registration with the services will be effective from the moment you receive the confirmation e-mail and for the entire period in which you use the services.
3.2 You may, at any time and for any reason, cancel your subscription to the services by sending a request our customer services and selecting "privacy". In the event that you have exercised the right of withdrawal, we will send you an email to confirm the cancellation of the services.
3.3 HIM Co S.p.A reserves the right to cancel your registration to the services in event of violation of the provisions contained in these conditions, or in the event that complete, truthful and correct personal data has not been provided, without prejudice to the right to compensation for damage suffered. HIM Co S.p.A also reserves the right to temporarily suspend, without prior notice, the provision of the services for the time necessary for technical interventions necessary and/or appropriate to improve the quality of the services. HIM Co S.p.A may, at any time, interrupt the provision of the Services for security reasons.
4. Warning on the services
HIM Co S.p.A does its best to provide accurate services. Without prejudice to the legal limits, the Services are provided free of charge as they are ('as is'). HIM Co S.p.A does not provide any guarantee, by way of example but not limited to, the quality, the proper functioning, the absence of interruptions or the suitability of the services for an objective or a particular result set by the user.
5. Modification and updating
These conditions are modified from time to time also in consideration of possible regulatory changes. The new conditions will be effective from the date of publication on the Website . Therefore, you are requested to regularly access this section in order to check the publication of the most recent and updated conditions.
*The availability of the services varies depending on your country. Check which services are available in your "account".
OUR BUSINESS POLICY
1.1 The supplier offers through the vendor products for sale on blanca-h.com and performs through the vendor its e-commerce business services exclusively to its final users, i.e. the "consumers".
1.2 "Consumer" shall mean any individual who is acting for purposes that are outside his or her trade, business or profession, on blanca-h.com. If you are not a "consumer", please do not buy any products on blanca-h.com.
1.3 With respect to this business policy HIM Co S.p.A. reserves the right not to process orders received from users who are not "consumers" and any other order which does not comply with this business policy.
1.4 These general terms and conditions of sale regulate the offer, transmission and acceptance of purchase orders relating to products on blanca-h.com between the users of blanca-h.com, the supplier and the vendor.
1.5 The general terms and conditions of sale do not regulate, however, the supply of services or the sale of products performed by parties other than the supplier and vendor who are present on blanca-h.com via links, banners or other hypertext links.
Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions of sale, since we shall not be deemed liable for the supply of services provided by parties other than the vendor or for the execution of e-commerce transactions between the users of blanca-h.com and third parties.
TERMS OF SALES
1.1. These general terms and conditions of sale (hereinafter also the “Conditions”) shall apply to the purchase of all products (hereafter the “Products” or individually the “Product”) via the di e-commerce website www.blanca-h.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below. The Site, which is the property of HIM Co S.p.A., with registered office in Via Orobia, 34 - 20139 Milano, tax code, VAT no. 06868090488 (hereafter the “Owner”), is managed by Drop S.r.l. ., Via S.Pertini 1, 63812 Montegranaro (FM), registered with the Macerata Chamber of Commerce, Register of Companies no. 01383870431, tax identification number 01383870431, IVA (VAT) number 01383870431 (hereafter “Drop”).
1.2. DROP sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be DROP as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").
1.3. The Owner is not a party of these Conditions, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address CustomerCare@blanca-h.com
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
a. the withdrawal right referred to in article 10 shall not apply to the buyer;
b. the Product warranty referred to in article 8 shall not apply to the buyer;
c. no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
d. the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability in the various geographical areas.
2.1. The Products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Supplier reserves the right to amend all or part of these Conditions at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, the Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
3. Product purchase procedure - Conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these Conditions, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these Conditions carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at CustomerCare@blanca-h.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail
4. Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii)where already registered, to login, or (iii)to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve the Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following e-mail address CustomerCare@blanca-h.com.
5. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the consumer has chosen bank transfer as payment method, delivery time will run from the receipt of the bank transfer by the Seller.
5.3. The Products ordered by the Consumer shall be delivered according to the method available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of these Conditions; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the Conditions are the exclusive responsibility of the Consumer.
6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
7.2. Payments for orders placed on the Site can be paid for by credit card, or via PayPal at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.
7.3. When payment is by credit card,the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Global Collect Service BV, with registered office in Amsterdam, Holland, via Planetenweg 43-49, 2132 HF Hoofddorp, enrolled with the Amsterdam Business Register no. 34140462, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Purchaser during the registration process, if the Products are to be delivered to a recipient in the Italian territory, or attached to the purchased Product in paper format, in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty
8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (hereinafter, the “Consumer Protection Code”), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the Product, on the information leaflets, tags or labels.
8.2. The Consumer is required to report any defects and non-conformities of the Products within and no later than 2 (two) months of acknowledging the same, sending an email to the Customer Care Service addressed to CustomerCare@blanca-h.com, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt).
8.3. On receiving the request and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the form with the "Returned Product Code". Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "Returned Product Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:
HIM Co S.p.A E-commerce
c/o Trans World Shipping Spa
Via Primo Maggio, 4 Peschiera Borromeo (MI)
8.4. In case of defects or non-conformity, the Consumer will have the right to restore the conformity of the Product by the Seller, by repair or replacement of the same Product, or alternative remedies in cases expressly provided for by article 130 of the Consumer Protection Code.
8.5. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the Product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the email address CustomerCare@blanca-h.com the bank details to receive the payment in his favour and allow the Seller to transfer the refund.
9. Defective Products Liability
9.1. The conditions foreseen by EC Directive 85/374/CEE and by Consumer Protection Code are applicable to any damages caused by defective Products. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the Product concerned.
10. Right of Withdrawal
10.1 The Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 30 (thirty) days from (i) the day on which the Product is delivered or (ii) if several products on one order are delivered separately, from the date the last product was received.
10.2 To exercise the right of withdrawal, the Consumer must notify Drop, within the deadline indicated in paragraph 10.1 above, sending an explicit declaration to Drop using the contact form or email address CustomerCare@blanca-h.com, of their intention to exercise the right of withdrawal using the withdrawal form enclosed.
10.3 Upon complying with the requirements in paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email containing the RMA code. Within and no later than the following 14 days, the Consumer is required to write the RMA Code on the form referred to in paragraph 10.2 and return the products to Drop together with the form referred to in paragraph 10.2, duly completed and bearing the RMA code, addressed to:
HIM Co S.p.A E-commerce
c/o Trans World Shipping Spa
Via Primo Maggio, 4 Peschiera Borromeo (MI)
10.4 If the Consumer has received the product, they are required to return it to Drop without undue delay and, in any event, within 30 days from the day that notice of such withdrawal was given. The deadline shall be met if the goods are returned before the period of 30 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.
10.5 If you withdraw from this contract, we shall refund all payments received from you, including the costs of delivery (with the exception of any supplementary costs resulting from your opting for a different type of delivery than the least expensive form of standard delivery offered by us), without undue delay and in any event no later than 30 days from exercising your right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred from this alternative means of payment. We may withhold the refund until we have either received the returned goods or the Consumer has supplied evidence of having dispatched the goods, whichever is the earliest.
10.6 The Consumer is liable for any diminished value of the goods resulting from handling them in any other way than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), with any parts and accessories missing (including labels still attached to the product and dust bags for shoes), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product and only be entitled to a refund equal to the residual value of the Product. For this reason, it is highly recommended that Consumers only handle the product as strictly necessary for establishing its nature, characteristics and functioning and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from being written on or labelled.
10.7 Exclusion of the right of withdrawal - Pursuant to art. 59, first paragraph, letter l) of Legislative Decree no. 206/2005 (Consumer Code), the Consumer's right of withdrawal is excluded with regard to the supply of Products such as newspapers, periodicals and magazines. With reference to the above mentioned case of exclusion of the right of withdrawal, the Consumer is informed and accepts that with regard to the magazines on sale on the Site, the right of withdrawal referred to in this Article 10 shall not apply.
11. Intellectual Property Rights
11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of HIM Co S.p.A. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. Unless prior specific consent is granted in writing by HIM Co S.p.A., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12. Protection of Consumer Personal Data
12.1. In order to proceed with the registration process, place an order and sign this contract according these Conditions, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by HIM Co S.p.A. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended. the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.
12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the "Account” section on the Site, which can be accessed after logging in.
13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service NV which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. Applicable law, settlements and jurisdiction
14.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with the Consumer Protection Code, with specific reference made to the regulations concerning distance contracts, and by Italian Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3 As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: CustomerCare@blanca-h.com.
14.4. If no settlement attempt is made, as under paragraph 14.2 and/or 14.3 above, or the attempt is not successful, exclusive jurisdiction for all disputes shall granted to the competent court in the Consumer's residence or domicile address.
Website publication and entry into force on 20/07/2020.
The aim of HIM Co S.p.A. is to guarantee your complete satisfaction. If for some reason you are not satisfied with your order, you can exercise your right of withdrawal, without penalty, within 30 calendar days of receiving the products purchased on blanca-h.com You cannot return personalised products, earrings for pierced ears and clothing that has had the hygiene seal removed, where provided. This provision does not affect the customer’s rights provided for under law.
Products to be returned must be sent back within thirty (30) calendar days from when you reported your decision to withdraw from the contract, pursuant to Art. 7 of the General Terms and Conditions of Sales. Products may be returned using the courier indicated by the Vendor (DHL), or using other couriers, only after having completed the return form (compliant with the standard form pursuant to Art. 49, paragraph 4 of the Consumer Code) found online in the customer service area to receive a return number (customer service will send you email confirmation once your return request form has been received).
Conditions of exercising the right to return
The right to return products shall be deemed correctly exercised once the following conditions have been fully met:
- a. the return form sent directly online through blanca-h.com must be correctly completed and sent to the Vendor within thirty (30) days of receipt of the products. Please read instructions on how to submit a returns request online;
- b. the products must not have been used, worn or washed;
- c. the tag must be still attached to the products with the disposable seal which forms an integral part of the good;
- d. the products must be returned in their original packaging, including the dust bag for shoes;
- e. returned products must be delivered to the courier within fourteen (14) days starting from when you sent the return form online to the Vendor;
- f. the products must not be damaged.
If you have fulfilled all the requirements set forth above, the vendor shall refund the full price of the purchased products, excluding the shipping fees.
If you choose to use the courier provided you by the Vendor, the return has no additional costs.
Should you choose to use a different courier for your return, you will have to pay for the return costs.
You will be notified if your return cannot be accepted because it does not comply with the conditions set out in letters a), b), c), d), e) and f) of the previous paragraph. In this case, you can choose to have the products purchased back at your expense. If you refuse this shipment, the Vendor reserves the right to retain the products and the amount corresponding to the purchase price of said products.
Refund times and procedures
After the vendor has received the returned products and checked that the products meet all requirements, you will receive an email that the returned products have been accepted.
Whatever the form of payment you used, the vendor will refund you all payments received for such cancelled purchase in the shortest possible time, after verifying the correct execution of your right of withdrawal and verifying the returned products.
All products sold by the vendor include an identification tag with a disposable seal, which forms an integral part of the good. We recommend trying on footwear for the first time on a soft surface (i.e. rug/carpet), so as not to damage the soles.
Please try on the products without removing the tag and seal as products returned without them will not be accepted.
As advised by the vendor, products may be returned via the package delivery company DHL using the pre-paid printed label enclosed in the package that you will find inside your package. This method will allow the vendor to pay for the shipment on your behalf and to check where your package is at any time.
Contact DHL at https://www.logistics.dhl/global-en/home/contact-us.html to organise pick-up. In case you decide to use a shipping courier other than the one indicated by the seller for the return of the products, you will have to bear and pay the return costs in person and you will be responsible for any loss or damage to the products during transport.
The present conditions of exercising the right of withdrawal, forming an integral part of the general terms and conditions of sales, are regulated by Italian law and specifically by legislative decree no. 206 of 6 September 2005, under the consumer code Chapter 1 “Rights of the consumers in contracts”.