Terms & Conditions

This website www.heroesmodel.it is operated by the company under the trade name «Heroes Models di Fabio Santonocito», with registered seat in Lonigo, Italy (hereinafter called «the Company»).

The Terms and Conditions set forth below will apply to any use of the Website and purchase of products through the Website.

Before entering and browsing the website, please consult the following terms, which are the general conditions of sale governing the distance selling of products on the date the order was placed through the Website (hereinafter abbreviated as the “E-Shop”).

By accessing, browsing, registrating, and / or using of the website www.heroesmodels.it for information and / or purchase of products available through the E-Shop you acknowledge that you know these Terms and agree to abide by them without reservation.

The Company reserves the right to modify and update these terms at any time it deems necessary, unilaterally and without prior notice by updating the present text with the insertion of any change or addition. The use of the Website after such changes or modifications is considered acceptance of such changes, modifications, additions or deletions by the guest / user.

1. Users’ registration

1.1. Registration on the website www.heroesmodels.it is permitted only to those who: (a) have full legal capacity (at least 18 years old), b) have an e-mail address.
1.2. Each user hereby declares and guarantees that: (a) at the time of registration on the website www.heroesmodels.it, he / she provides complete, accurate and truthful information about himself / herself and his /her electronic and telephone contact details, and (b) he / she has the necessary legal requirements for the registration and use of the E-Shop.
1.3. Registration to the Website is performed through the completion of the special online form available on the Website that requires completion of mandatory fields without the completion of which the registration process will not be completed. Among other information, the user is required to set its access data consisting of an email account and a password. The User should keep his / her password secret at all times and therefore is solely responsible for any activity, liability, claim, cost and / or expense related to any illegal or unenforceable use of his / her access data.
1.4. To purchase a product, it is not necessary to register as a member of the E-Shop. However, users’ registration on the website www.heroesmodels.it enables them to create a personal account they only can access so as to be able to make quick and easy purchases at a later time without being necessary to enter certain data each time he / she wishes to make a purchase, as well as to make use of specific applications which are available only to registered users of the e-shop.
1.5. Users’ data and the details of their transactions with the E-Shop are treated as confidential information. By providing their data in the context of transactions with the Company, users agree and accept the forthcoming processing of their data for the needs of any specific transaction, as well as the disclosure of such information to employees of the Company for this purpose.
1.6. The Company undertakes not to reveal the personal details of the users of the E-Shop and their transactions, unless they provide their written authorization to do so or if this is required by a court decision or by a decision of another public authority. All documents and electronic data exchanged between the Parties during the sale of products will be kept by the Company. The user can have access to them if it desires to do so. For more details about data processing, please read the Privacy Policy.

2. Products’ description

2.1. The Company makes its best efforts to describe accurately the products and its main features and specifications.
2.2. For third-part products, the Company cannot guarantee the absolute accuracy of the features / specifications thereof, and it does not assume any responsibility for any inaccuracies in the information provided by the manufacturers of those products or for any error that may have done

while posting such information on the Website.
2.3. The User is solely responsible for the review of technical information and information on the suitability of products ordered through the E-Shop. The Company assumes no responsibility for any incompatibility of the ordered products together with other products of the user.

3. Order Procedure

3.1. Completion Form / Order Placement: Users select from the list or through the search specific products / product codes and place them in the Shopping Cart. Then they choose from the Cart the products they eventually wish to order and fill in the special “Order Form”, they review its overall order, accept the Terms and Conditions of the E-Shop (by selecting the appropriate box) and finally proceed with their final order by clicking on the “Buy” button. At each step of the above mentioned procedure, there is the option “Back” next to “Continue” or “Buy” so as to correct any error before the placing of the order. All orders are achieved electronically and users (the “Clients”) are able to have access to their contents, if they wish to.
3.2. Download the Order Confirmation: the order is considered to be received by the Company from the time that the Customer receives a status update request with the title “Receiving Order Confirmation” which will set out the key elements (order number), the ordered products, the billing and shipping address, the method of payment, the total amount of the order, etc.
3.3. Order Processing: The Company will process all the received orders. During such processing the availability of stock for the ordered products will be confirmed. Order processing will be performed from Monday to Friday, while the processing of orders submitted on Saturday, Sundays and holidays will be made on the next available business day.
If the goods are not available at the time of the order and its processing, the Company reserves the right not to accept such order and therefore the sales contract will not be concluded. The client will be informed without undue delay. Payments prepared to be executed or already executed will be canceled. Any payment will be returned to the user without undue delay, by the same means he / she chose to perform the payment.
The Company reserves the right to cancel the order, and not to proceed with its execution, in the event that the Client is found to have declared false or incorrect information on the Order Form.
3.4. Order Confirmation: after placing the order, the Client will receive a confirmation of its order receipt, which is sent automatically under the title “Confirmation of Order Receipt”, certifying that the client’s order has been received by the Company. However, this does not constitute acceptance of the client’s proposal for the purchase of the product. The acceptance of the proposal will be performed only after the declaration of acceptance by the Company, which will be sent by separate email under the title “Order Confirmation”. Finally, another email under the title “Shipping Confirmation” will confirm the shipping of the product to the address indicated address.
3.5. Order Cancellation: the Client has the right to cancel the order at any stage before receiving the email with its “Order Confirmation” by writing an email to sales@heroesmodels.it

4. Product’s availability

4.1. Products readily available: the availability of each product is displayed in a prominent place in the E-Shop. The Company makes its best efforts to ensure that all products displayed in the E-Shop are also available in its warehouse, however there is a chance that some of them have run out / are temporarily unavailable. If the product selected by the Client is not available, the Company will inform him / her about the estimated availability and delivery date on the day following the day of receipt of his / her order and will be required to contact the Client for amending the order as appropriate.
4.2. Multiple products in one order: When a sole order includes more than one product, the order is executed when all products included in the order are available so as to avoid additional transport costs. If for any reason the Client wants us to deliver those products which are readily available, he / she is required to write us an email to the email address sales@heroesmodels.it stating his / her order number or place a separate order for unavailable products.

5. Product’s prices

5.1. Before sending the Order Form the client should consider the following:
– The prices of the products posted on the E-Shop do not include the delivery charges, which are calculated in accordance with the clause 6.2. here below.
– The prices of the E-Shop may change at any time without prior notice.
– The Company is not liable for any technical, typographical or spelling errors in prices or pictures on the characteristics of the product.
5.2. The Company makes its best effort to ensure that prices shown on the E-Shop next to product images are correct. However, in the event of a dispute between the price that appears next to the product and the price of the same product in the Order Form, the price indicated in the Order Form will be accepted as the only price of the product.
5.3. In the context of good faith and for your own protection, if you find that a product is offered at an unusually low or high price compared to its market value, we kindly ask you to contact the Customer Service Department by sending e-mail to sales@heroesmodels.it before ordering the product.
5.4. The products of the category «Special Offers» will be available while stocks last.
5.5. For the purchase of the products of the website, the following means of payment are the available ones:
a. Paypal,

6. Shipping/Delivery

6.1. Place of delivery: Products will be delivered to the address that the Client has indicated during the placement of his / her order.
6.2. Shipping Costs: The Company cooperates with a courier service provider, in order to ensure safe and fast shipment of the products. Shipping costs are calculated according to the estimated weight (according to the rule of weight-volume set by the courier service provider and place of delivery). Shipping costs are borne by the client, who will be informed of the exact cost of each shipment before placing his order. For more information about shipping costs, please visit the link: http://www.heroesmodels.it/delivery-information.
6.3. Timing of delivery: The Company does its best efforts to ship the products to the Clients within the time limits included in the Order Verification, however in case of delay the Company assumes no responsibility, especially in cases of delayed delivery of the goods from the shipping company. The Customer expressly agrees and acknowledges that a delayed delivery does not constitute a valid reason to refuse the Products and to pay the outstanding amount to the Company in relation to the relevant order. In addition, the Company is not responsible for the delivery time of products in cases of strikes, extreme weather conditions, as well as their delivery to ‘hard to reach areas’, as defined by the courier the E-Shop cooperates with.
6.4. Products shipped to the Customer shall remain property of the Company until the delivery to the Customer takes place and the full payment of the price is made.

7. Right of withdrawal

7.1. Each Client has the right to withdraw without any reason from the distance contract concluded with the Company exclusively within seven (7) calendar days from the delivery date of the product by returning it at its original state with the submission of a Statement of Withdrawal.
7.2. The Statement of Withdrawal should be sent by e-mail (email) to the email address: sales@heroesmodels.it.
7.3. The Client should be aware that upon exercise of its right of withdrawal by one of the aforementioned options, the Company will send a Confirmation of Acceptance of the Statement of Withdrawal. If such Confirmation is not received by the Client within a reasonable time from the day the Declaration of Withdrawal was sent, the Client should contact the Company again.
7.4. The Client will have to manage and consider the received Product in the way he / she would manage and consider it in a physical store to establish its nature, characteristics and functioning in order to decide whether he / she will proceed with the purchase or not (the “Usual Examination”).
7.5. In case of a valid exercise of the right of withdrawal:
a. The Client must return the product to the Company without delay and in any case within 14 working days from the date of withdrawal; the product have to be accompanied by the receipt or purchase invoice.
b. after the return of the Product, the Company will reimburse the Customer with the money paid for its purchase (e.g. price for the purchase of the product, delivery expenses)  after a deduction of:
(I) the costs of the return of the Product by the Customer to the Company,
(II) any decrease of the Product’ value, if and to the extent that this is due to its management by the company beyond Usual Examination, as defined in Article 7.7 below.
c. if the Product is returned to the Company by a courier chosen by the Client and not by the courier service used by the Company, the return is at the risk of the Customer.
7.6. The right of withdrawal does not apply and no refunds will be accepted for:
a. Products that can be copied, as well as products that carry sound or video and audio or software that were unsealed by the packaging (e.g. Multimedia, CD, DVD, software, games), if the original cellophane wrapper is missing, if the wrapper is opened, torn, marked, etc.
b. discounted products and / or products offered as refund or exchange will not be accepted unless they have a defect.
c. used products. The use of a product includes the installation of programs (e.g. the installation of an operating system on a computer), its operation, the placing of components on the Product.
d. products manufactured according to the specifications indicated by the Client or according to its personal requirements and personal customizations or products that due to their nature cannot be returned,
e. products which are customized through the registration of the device by the Client after their delivery (e.g. registration of a smartphone etc.)
7.7. Reduction of the value of the product: If the Client has made use of the product to be returned due to withdrawal and after Usual Examination, he / she will be liable for paying the following amounts for the reduction of its value as follows:
– The price of the products which will be returned without packing or with damaged package, but with all their supporting documents, will be refunded by the Company to the Client with a reduction up to 15%
– The price of the products which will be returned without packing or with damaged package and without their supporting documents, will be refunded by the Company to the Client with a reduction up to 20%.
7.8. In case of valid exercise of the right of withdrawal, the Company will fulfill its obligation to refund to the Customer without undue delay, within 14 calendar days after the return of the Product with the means of payment by which the payment was carried out by the Customer, unless otherwise agreed with him / her. It is expressly agreed that, by accepting these Terms and Conditions, the Client provides the Company with an irrevocable mandate and consent to withhold from the reimbursed amount any return costs borne by the Client and any compensation in case of destruction, damage, failure or misuse of the product. The Company is anyway entitled to claim for the compensation of any damage by any legal means (indicatively either in terms of cost reimbursement or destruction, damage or injury, decreased value of the product etc.).

8. Defective products

   8.1. In case of a defective product purchased through the E-Shop you can:
   a. request for repair free of charge or for replacement with another one unless this is not possible or unless this requires disproportionate expenses,
   b. make a request for price reduction
   c. withdraw, unless this is an irrelevant defect.
   These obligations do not exist if the defect was caused by you or by force majeure either in its narrow or broad sense. In any case, the products must be accompanied by all the necessary documentation and receipts. These obligations are in any case limited for a period of two years from the purchase date.
   8.2. If the received product is defective, the Client must inform the Company as soon as possible on how such defect had occurred. If the product is under warranty, the Company undertakes the obligation to collect and replace it at its own expenses. Before you return the product, you must contact the Company at sales@heroesmodels.it
   8.3. In the event that the delivered product is defective, the Company should pay for return costs and the Client may choose among the following options: a refund, a credit note for the purchase of another product, or the shipment of a new item. If the purchase is made with a credit card, the cancellation of the transaction and the relevant crediting on your credit card will be performed.
   8.4. More information on the process of returning faulty products can be found in detail in the Chapter “Return Policy”.

   
   9. Products evaluation

9.1. The Company enables users to evaluate the products present in the E-Shop. The ratings for each product can summarize the experience of the user with this product and any comments or judgments about the product. The content of the assessment should be personal, original creation of each user, without infringing copyright or other rights of third parties’ rights.
9.2. The product review must not include:
– the publication of hyperlinks which directly or indirectly direct users to another shop / page / manufacturer
– the publication of information on commercial advertising or the promotion of any third party other than legitimate promotional activities organised and supervised by the Company, as administrator of the website www.heroesmodels.it.
– the reference to another user or to the product review of another user.
9.3. The Company reserves the right, in its absolute discretion, to select how the evaluations of products are presented (partially or completely), or delete reviews, or delete part of the text, informing the author of any changes where it is deemed necessary.

10. Limitation of liability

10.1. In relation to its actions through the E-Shop, the Company is not responsible for any damage that may result from the execution or lack of execution of orders or their delayed execution (for any reason).
10.2. The Company provides no guarantee for the availability of the products, but it undertakes the obligation to inform Clients about their unavailability.
10.3. The Company provides the contents (e.g. information, names, images) and the products through the website “as they are”.

10.4. The Company assumes no responsibility for loss of data.
10.5. The Company assumes no responsibility for the incorrect use of the product by the Client.
10.6. If the products are for professional use, the Company will not be liable for any consequence arising from the use of the products within the professional activities of its Clients. The Company’s liability is limited to the value of the products.
10.7. The Company makes its best efforts to ensure the highest levels of the E-Shop. However, the use of the E-Shop is the sole responsibility of the user / client and the Company is not responsible for any malicious third party intervention.
10.8. Some websites associated with this site are not under the control of the Company and therefore the Company is not responsible for the contents of any associated website or any link contained in an associated website. The Company provides these links only with educational purpose, and the inclusion of any link does not imply acceptance by the Company of the relevant website or its contents.

11. Intellectual property rights

11.1. The content of the website of the E-Shop (without limitations in text, images, trademarks, photos, graphics) are the sole property of the E-Shop, partners or third parties. Any copy, reproduction or retransmission of the material without the written consent of the Company or its partners is prohibited. The content of this website is protected by the Italian and international legislation for the protection of intellectual property rights and any violator will be prosecuted legally.
11.2. The Company provides to the users / clients a limited license to access and use the E-Shop for placing orders and communicate with the Company.

12.Applicable Law

Any dispute that may arise between the Company and the users and / or clients of the E-Shop, which will involve the execution, application, interpretation, use, presentation, copy, or general relations of the parties described in this document and regarding its application, will be settled by the Courts of Vicenza and Italian law will be applied.

For any information about these Terms, please contact the Company at the email address info@heroesmodels.it