Terms and Conditions of Sale

Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the relationship between Hocoboin and the Customer regarding the purchase of Products remotely via the internet on the Company’s website.
For all matters not expressly regulated herein, reference is made to Legislative Decree 206/2005 (“Consumer Code”), Legislative Decree 70/2003, and the applicable provisions of the Italian Civil Code.

1. Applicable Rules

Purchases made by the Customer through the website are governed by these General Terms and Conditions of Sale as well as by Legislative Decree 70/2003 and Legislative Decree 206/2005 (“Consumer Code”).

2. Definitions

In addition to the other terms defined herein, the following definitions apply:

  • DISTANCE CONTRACT: a contract concerning goods or services concluded between Hocoboin and the Customer using one or more means of distance communication up to the conclusion of the contract.

  • HOCOBOIN: Hocoboin di Massimo Cuccagna – Via Rizziconi 18/20 – 00110 Rome – VAT No. IT14126721001 – REA RM-1508324.

  • CUSTOMER: the natural person acting for purposes unrelated to any business or professional activity that may be carried out.

  • WEBSITE: the website owned by Hocoboin, accessible at www.hobocoin.it.

  • PRODUCTS: the goods sold by Hocoboin to the Customer as described on the Website and in the order confirmation.

  • PARTIES: Hocoboin and the Customer jointly.

  • CONTRACT: the sales contract concluded between Hocoboin and the Customer following the receipt and acceptance of the order confirmation, governed by these General Terms and Conditions of Sale.

  • ORDER CONFIRMATION: the Customer’s telematic acceptance of the price, shipping costs, Product features, and the present General Terms and Conditions of Sale.

3. Conclusion of the Contract

The receipt by Hocoboin of the Customer’s Order Confirmation constitutes the conclusion of the contract.
Upon conclusion, Hocoboin undertakes to supply the Products under the conditions and within the terms specified herein, reserving the right not to process orders from subjects who do not provide sufficient solvency guarantees.

Sending the Order Confirmation implies full knowledge and unconditional acceptance of these Terms and all related information published on the Website.
Once the contract is concluded, Hocoboin will send the Customer a confirmation e-mail containing all order details (prices, quantities, product specifications, and delivery terms).

4. Product Representation

Products are accurately described and depicted on the Website according to their actual characteristics.
However, minor differences may occur between the images displayed and the actual appearance of the Products, particularly when computer-generated or catalog images are used.
Hocoboin does not guarantee exact correspondence between the images and the real appearance of the Products, also due to variations in screen display settings.

The Parties acknowledge that certain Products may not be available at the time of the Customer’s access to the Website and that prices may be subject to updates.

5. Payments

Orders are considered valid only after full payment has been received.
Payment for Products and related shipping costs must be made using one of the payment methods available on the Website.

In the case of payment via PayPal, financial information is processed directly by PayPal, and Hocoboin or third parties have no access to it.

6. Shipping

For detailed delivery methods and times, please refer to the “Shipping” section of the Website, which forms an integral and substantial part of these General Terms and Conditions of Sale and is deemed fully known and accepted by the Customer at the time the order is placed.

7. Complaints

For any inquiries or complaints, the Customer may contact Hocoboin by e-mail at:
sales@hobocoin.it

8. Right of Withdrawal and Warranties

Please refer to the dedicated section “Right of Withdrawal and Warranties” published on the Website, which forms an integral part of these Terms and Conditions.

9. Invoicing

Hocoboin issues an electronic invoice for every sale, in compliance with Articles 21 and following of Presidential Decree 633/1972 and the applicable rules on electronic invoicing.

The invoice is issued at the time of shipment or delivery of the Products and transmitted via the SDI system (Sistema di Interscambio) of the Italian Revenue Agency.
A courtesy copy in PDF format may also be sent to the Customer’s e-mail address indicated during checkout.

For goods sold under the margin scheme, pursuant to Legislative Decree 41/1995, Article 38(1), the invoice will include the statement:

“Margin scheme – used goods – VAT not deductible.”
In such cases, the invoice does not constitute a document entitling the buyer to deduct VAT.

The Customer is responsible for providing accurate and complete invoicing data (name, tax code, VAT number, SDI code or certified e-mail). Hocoboin cannot be held liable for errors resulting from incorrect or incomplete information provided by the Customer.

10. Force Majeure

In the event of force majeure or unforeseeable circumstances beyond the control of either Party that prevent or substantially hinder the fulfillment of contractual obligations, the affected Party shall promptly notify the other.
The performance of the contract will be suspended for the duration of the force majeure event.

11. Jurisdiction

For any disputes concerning the interpretation, validity, or execution of the contract, the competent court shall be that of the Customer’s place of residence or domicile, if located within the Italian territory.

12. Governing Law

The contract is governed by Italian law.

13. Acceptance of Terms

By making a purchase on the Website, the Customer declares to have read, understood, and fully accepted these General Terms and Conditions of Sale without reservation.

14. Transfer of Risk

The risk of loss or damage to the goods, for reasons not attributable to Hocoboin, passes to the Customer only when he or a third party designated by him (other than the carrier) physically takes possession of the goods, pursuant to Article 63 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

15. Online Dispute Resolution (ODR)

Pursuant to Article 14 of EU Regulation No. 524/2013, Hocoboin informs consumers of the existence of the European Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/

Through the ODR platform, consumers may access the list of authorized ADR (Alternative Dispute Resolution) bodies and initiate an online dispute resolution procedure.