Terms of Sale
The offer and sale of products on herno.com are governed by these Terms of Sale, together with the Terms and Conditions of Use, Returns Policy and Privacy Policy. The products purchased on herno.com are sold directly by The Level Group USA CORP - an affiliate of The Level S.r.l. ("the Vendor"), with registered office in Italy, Piazza Arcole 4, 20143, Milan, with VAT number 07234250962.
You can request any information through our support services by contacting our Customer Service. You can find information about orders, shipping, refunds and returns of products purchased on herno.com. Remember that you can always contact the Vendor by email at the following address: customercare@herno.com.
For any other legal information, please consult the following sections: Terms and Conditions of Use, Returns Policy and Privacy Policy.
1. Our business policy
1.1 On www.herno.com, the Vendor offers products for sale and provides its e-commerce activity exclusively for its end users who are "consumers".
1.2 When we refer to a "consumer", we mean any natural person who uses www.herno.com for purposes that are unrelated to his/her commercial, business or professional activity. If you are not a "consumer", please refrain from making sales transactions on www.herno.com.
1.3 In consideration of its business policy, the Vendor reserves the right to refrain from processing orders from parties other than the "consumer" or in any case orders that do not comply with its business policy.
1.4 These Terms of Sale exclusively govern the offer, sending and acceptance of purchase orders for products on www.herno.com between users of www.herno.com and the Vendor.
1.5 The Terms of Sale do not govern the provision of services or the sale of products by parties that are not the Vendor who are present on www.herno.com through links, banners or other hyperlinks. Therefore, before placing orders and purchasing products and services from parties other than the Vendor, we advise that you check their terms of sale, as the Vendor is not responsible for the provision of services by third parties or the execution of e-commerce transactions between users of www.herno.com and third parties.
2. How to finalise a contract with the Vendor
2.1 In order to finalise the purchase contract for one or more products on www.herno.com, you must fill in the electronic order form and send it to the Vendor electronically, following the relevant instructions.
2.2 The order form contains a reference to the Terms of Sale and the Return Policy, and a summary of the essential characteristics of each product ordered and its price (including all applicable taxes or duties), the payment methods you can use to purchase each product and the delivery methods of the products purchased, the shipping and delivery costs, the conditions for exercising your right of withdrawal and the methods and times for returning purchased products.
2.3 The contract is considered finalised when the Vendor receives your order form electronically, after verifying the data related to your order is correct.
2.4 Before proceeding with the purchase of the products, by sending the order form, you will be asked to carefully read the Terms of Sale and the Return Policy, to print a copy using the print option and to save or reproduce a copy for your personal records.
2.5 The order form will be filed in our database for the time required to process the orders and, in any case, within the terms of the law. You can access your order form by consulting the My Account section.
2.6 After the contract has been finalised, the Vendor will process your purchase order.
2.7 The Vendor may choose not to process your purchase orders in case of hostile reasons, in particular if there are insufficient guarantees of solvency or if the data is incomplete or incorrect, or if the products are unavailable. In these cases, we will inform you via email that the contract has not been finalised and that the Vendor has not processed your purchase order and specify the reasons for this. If the products presented on www.herno.com are no longer available or on sale at the time of your last access to the site or when you send your order form, the Vendor shall inform you, promptly and in any case within thirty (30) days from the day after you have sent your order, of the unavailability of the ordered products. In the case that the order form has been sent and the price of the product paid, the Vendor will refund the amount that has already been paid.
2.8 By sending the order form electronically, you unconditionally accept and undertake to observe these Terms of Sale in your dealings with the Vendor. If you do not agree with some of the terms set out in the Terms of Sale, please do not submit the order form for the purchase of products on www.herno.com.
2.9 By submitting the order form, you confirm that you are aware of and accept the Terms of Sale and further information contained on www.herno.com, also referred to via links, including the Terms and Conditions of Use and Privacy Policy of www.herno.com.
2.10 Upon finalising the contract, the Vendor will send you a receipt for the purchase order via email, which will contain the information already provided on the order form (reference to the Terms of Sale and Return Policy, information related to the essential characteristics of the product and a detailed indication of the price, payment methods, your right of withdrawal and delivery costs).
3. Guarantees and product price indication
3.1 Herno S.p.A., with registered office in Via Opifici, 100 - 28040 - Lesa (Novara), Italy- P.I. 00080630031, owns the exclusive license rights for the Herno trademark under which the products are sold on this site.
3.2 The essential characteristics of the products are provided on www.herno.com on each product page reasonably adequate with respect to the communication channels used. The images and, in particular, colours of the products offered for sale on www.herno.com may not always correspond to the real colours of the products due to the Internet browser and monitor used.
3.3 Product prices may be subject to updates. We will show you the finale sale price before sending the order confirmation and we ask you to check it before submitting your order.
3.4 Purchase requests from countries other than the country selected for shipment or to addresses to which the Vendor cannot ship will not be accepted by the Vendor.
3.5 All products have an identification tag with a disposable seal attached. We ask that you do not remove the tag and the seal from the purchased products, as they constitute an integral part of the same.
3.6 If you decide to exercise your right to return the products, the Vendor may refuse to accept damaged products, without tags or seal or altered in regard to their main characteristics or quality.
4. Payments
4.1 Payment of the price of the products and the costs of their shipping and delivery must be made using one of the methods indicated on the order form.
4.2 If you pay by credit/debit card, your financial information (e.g. credit/debit card number or expiration date) will be sent to an external payment service provider (PSP) which guarantees the security of online transactions using a 128-bit SSL-certified encrypted protocol. Moreover, this information will never be used by the Vendor except for carrying out procedures relevant to your purchase, or issuing refunds in the case of returns, subsequent to the exercising of your right to withdrawal, or if it is necessary to prevent or report the commission of fraud on www.herno.com to the police. The price for the purchase of the products and the shipping costs, as indicated in the order form, will be will be clearly indicated prior to your final confirmation and charged to your bank account when the purchased products are shipped.
5. Shipping and delivery of products
For information on the specific methods of product shipping and delivery, please visit the Customer Service section. We ask that you take care to pay attention to this section as the information contained herein is an integral and substantial part of these Terms of Sale and, therefore, you are deemed to be fully aware and to have accepted it at the time the order form is sent.
6. Customer Service
You can request any information you may require through our support services: contact our Customer Service byclicking here. For further information, please visit the Customer Service area.
7. Right of withdrawal
7.1 As the consumer, you have the right to withdraw from the contract you have entered into with the Vendor, without penalty and without specifying the reason, within fourteen (14) working days from the day of receipt of the products purchased on www.herno.com. It is not possible to make exchanges.
7.2 Please refer to the Returns section for full details regarding contract withdrawal. Please read all the information carefully, as it is an integral and substantial part of these Terms of Sale and, therefore, you are deemed to be fully aware and to have accepted it at the time the order form is sent.
8. Privacy Policy
8.1 You will find information on how we process your personal data in our Privacy Policy.
8.2 We also ask that you read our Terms and Conditions of Use, if you have not already done so, as they contain important information on how we process our users’ personal data and the security systems we use.
8.3 For additional information about our Privacy Policy, you can send your requests to the following email address: customercare@herno.com or to the address of our Vendor's registered office in Piazza Arcole 4, 20143, Milan, Italy.
9. Applicable law
The General Terms and Conditions of Sale are governed by Italian law and, in particular, by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to the regulations on distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003 on certain aspects of electronic commerce.
10. Amendments and updates
The Terms of Sale are amended from time to time in consideration of any regulatory changes also. The new Terms of Sale will be effective from their date of publication on herno.com.
11. Company information
The Level Group USA CORP - an affiliate of The Level S.r.l. ("the Vendor")
Piazza Arcole 4 – 20143 Milan, Italy.
VAT no.: 07234250962
REA registration n.: MI - 1945372
FOR SHIPMENTS TO THE RUSSIAN FEDERATION: DHL EXPRESS NETWORK GENERAL CONDITIONS FOR TRANSPORT AND CUSTOMS TRANSACTIONS (T&C)
The Vendor uses DHL services for shipments to the Russian Federation. We ask that you read the following Terms and Conditions of Use carefully.
The following General Terms and Conditions apply to services provided by DHL Express Courier with respect to the delivery of express shipments for personal use.
1. TERMS USED:
Express Courier: DHL Express is represented in the Russian Federation by two entities, DHL International ZAO and DHL Express OOO. DHL Express and third parties work together to deliver express shipments within international territory and complete the relevant customs operations.
The term “clearance agent" means that DHL Express OOO carries out customs clearance operations in the name and on behalf of the applicant and third parties concerned in accordance with the laws of the Customs Union.
"Express shipment" means goods are sent using the express method with any means of transport, while the shipment is organised and monitored electronically on the www.dhl.ru website, in order to deliver the aforementioned goods to the Consignee in accordance with an individual delivery note in the shortest possible time or in any case within a fixed period of time.
"Sender" means the legal entity, normally an online store, which is sending the express shipment to the Express Courier for delivery.
"Consignee" means the individual recipient of an express shipment as specified in the DHL Express delivery note.
2. TERMS AND CONDITIONS SUBJECT MATTER:
2.1 These Terms and Conditions constitute a public offer and form a consensual Agreement for the delivery and Customs operations relating to Express Shipments from and between the Shipper/Receiver, the Express Carrier and the Customs Broker (“Agreement").
2.2 The Receiver of the Express Shipment accepts the provisions of this Agreement for themselves and for third parties directly or indirectly interested, including the Shipper, by pressing a button, ticking a box or inserting any other sign inside the box "I accept the terms and conditions of this offer", as well as/or by any other means that confirms their actual consent when ordering goods on the Shipper's website.
2.3 According to the governing legislation in the Russian Federation, the Express Carrier and the Customs Broker have the right to demand from the Receiver documents and information necessary for international delivery of the Express Shipment and related customs operations, including commercial information, bank or other data protected by law or other confidential information, and obtain such documents and information within the time limits necessary to comply with all requirements specified by the governing legislation.
The Express Carrier and the Customs Broker hereby acknowledge and confirm that the information obtained, including commercial, bank and other data protected by law or confidential, will not be disclosed or used by the Express Carrier or the Customs Broker and their respective employees for internal purposes or transmitted to other persons, except in cases provided for by the current legislation of the Russian Federation or where disclosure of the information is necessary for the international delivery of Express Shipments and customs operations.
3. DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE
3.1 The Shipper and the Receiver acknowledge that the normal DHL Express Delivery Terms and Conditions apply to the carriage of goods via the DHL Express network; the key provisions of these Terms and Conditions, essential for the Receiver, are listed below:
DELIVERIES AND UNDELIVERABLES:
Shipments cannot be delivered to PO boxes and postal codes without a specified address. Shipments are delivered to the Receiver’s address provided by the Shipper (in the case of postal services, the Shipper is deemed to be the first receiving the postal service), but not necessarily to the named Receiver in person. Shipments to addresses with a central receiving service will be delivered exactly to the specified area. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or the Receiver cannot actually be identified or located, or the Receiver refuses delivery or payment, DHL shall use reasonable efforts to return the Shipment to the Shipper at the Shipper's cost. If this is not possible, DHL is entitled to sell the item without incurring any liability whatsoever to the Shipper or anyone else, with the proceeds of sale less service charges and related administration costs.
INSPECTION:
DHL has the right to open a Shipment and inspect its contents without notice.
DHL’S LIABILITY:
DHL's liability is limited to loss or damage and may not exceed the weight limits outlined in Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, interest and future business), whether such loss or damage is special or indirect, or if the risk of such loss or damage was brought to DHL's attention before or after confirming the Shipment. If the Shipment combines carriage by air, road or any other mode of transport, air transport shall be considered the primary form of transportation. DHL's liability in respect of any one Shipment transported, subject to Sections 7-11, is limited to the actual cash value and may not exceed:
- an amount calculated on the basis of $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or
- an amount calculated on the basis of $US 12.00/kilogram or $US 5.44/lb for Shipments transported by road.
Claims are limited to one claim per Shipment; settlement of such claim will be full and final for all lost or damaged goods included in the above Shipment. If the Shipper considers these limits as insufficient, they must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make their own insurance arrangements, failing which the Shipper assumes all risk of loss and damage.
TIME LIMITS FOR SUBMITTING CLAIMS:
All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever for these claims.
DELAYED SHIPMENTS AND MONEY-BACK GUARANTEE:
DHL will make every reasonable effort to deliver according to its regular delivery schedules, but these schedules are not binding and do not form part of this Agreement. DHL is not liable for any damages or loss caused by delays.
In certain cases, some services include a money-back guarantee which provides for a credit or refund of all or part of the Shipment’s transportation costs in case of delays. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service.
CIRCUMSTANCES BEYOND DHL'S CONTROL:
DHL is not liable for any loss or damage arising out of circumstances beyond its control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if previously reported to DHL; any act or omission by a person not employed by DHL - e.g. Shipper, Receiver, third party, customs authorities or other government officials; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot or civil commotion, industrial action.
INTERNATIONAL CONVENTIONS:
If Shipments are transported by air and involve a final destination or intermediate stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention will apply, as appropriate. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) will apply. These conventions limit DHL's liability for loss or damage to the goods shipped.
ROUTING:
The Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
GOVERNING LAW:
Any dispute arising under of or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of the country of origin of the Shipment and governed by the laws of that country, and the Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The full text of the DHL Express Network Terms and Conditions of Carriage can be found at www.dhl.ru
4. CUSTOMS OPERATIONS TERMS AND CONDITIONS
4.1. Customs Broker:
4.1.1 may perform customs declaration of Express Shipments;
4.1.2. must inform the Receiver of the date of the Shipment’s arrival at the Temporary Storage Facility (TSF) by fax or email;
4.1.3. must carry out any other actions established by the laws of the Customs Union and the Russian Federation, necessary to perform the customs operations as a person authorized by the Receiver to act in respect of the declared Express Shipment.
4.2. The Receiver must provide accurate and complete details and documents stating that the Express Shipment is validated by the laws of the Customs Union and the Russian Federation, and provide additional documents at the Customs Broker's request.
All documents required for the declaration of goods must be provided within ten (10) days after the goods arrive at the Temporary Storage Facility (TSF).
4.3.The Receiver shall carry out all formalities related to the frequency of receipt of shipments at his own risk and cost.
4.4. The Shipper and the Receiver guarantee that they have the legal authority and legal basis for the Customs Broker to legally act on their behalf and that they are fully liable for providing complete and accurate information regarding the Express Shipment.
5. LIABILITY OF THE PARTIES
5.1. The Receiver shall be liable for any penal sanctions imposed on the Customs Broker as a result of any violation of customs regulations by the latter, due to the Receiver's failure to provide complete and comprehensive documents and information, including inconsistencies in transported goods and accompanying documents in terms of name, quantity and other characteristics affecting the declaration due, as well as delays in their delivery; in which case the Receiver will reimburse the Customs Broker the full amount of such sanctions in a separate invoice.
5.2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages suffered by the Receiver, even if such damages are foreseeable or have already been made known to the Customs Broker or the Customs Broker could have known about them.
5.3. The Parties shall be released from liability for their failure to comply with all or part of their respective obligations herein only in the event of Force Majeure and where such circumstances directly affected the performance of this Agreement.
6. SERVICE FEES AND PAYMENT FOR CUSTOMS OPERATIONS:
6.1. Service fees shall be determined based on the Custom Brokers's rates from the invoice date, including amounts for customs and other fees paid by the Customs Broker while providing their services.
6.2. The Receiver must pay for the services of the Customs Broker.
6.3. The Customs Broker reserves the right to withhold any goods of the Receiver at the latter's expense until the Customs Broker’s services have been paid in full by the Receiver.
7. GENERAL PROVISIONS
7.1. Should these Terms and Conditions and/or Agreement be modified, the Parties agree to apply the Terms and Conditions from the date of agreement specified in Clause 2.2.
Last update: July 2020