PREMISE

This site is operated by Animis di G.C. with registered office in Via Borgo Corpo di Cristo, 45; 80033 Cicciano NA and with VAT number: 10308541217. Throughout the site, the terms "we", "us" and "our" refer to www.hemmetbrand.com. Animis di G.C offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - ITEM PRICES AND CUSTOMS DUTIES 

Animis di G.C reserves the right to modify the prices of Hemmetbrand.com items listed on the Site at any time. Any changes to the prices of items on Hemmetbrand.com will not, however, affect customers who have already purchased on the site.

Animis di G.C is not responsible for any taxes and/or customs duties in the destination country of the Products. It is not possible to foresee the need for customs taxes in any way. For more information, please contact your country's customs office. In all cases, any costs related to import taxes and/or customs duties will be borne by the customer. 

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - WARRANTY

6.1 Standard Warranty (Legal Conformity Warranty)

All products sold by Hemmet® are covered by the legal conformity warranty for a period of 24 months from the date of delivery, in accordance with applicable legislation.

The legal warranty exclusively covers conformity defects that are original to the product, i.e., present at the time of delivery and not immediately detectable, and that manifest during normal use of the item. In the event of a conformity defect, the customer has the right, within the terms of the law, to the repair or replacement of the product free of charge, or, where applicable, to a price reduction or termination of the contract.
The warranty does not cover, by way of example and not limitation: damages resulting from improper or non-conforming use of the product; normal wear and tear due to use; accidental damage, impacts, falls or exposure to unsuitable conditions; interventions, modifications or repairs carried out by unauthorized third parties.
The customer is required to report any conformity defects within the terms established by current legislation, and in any case within a reasonable period from the discovery of the defect.
In order to allow for correct and timely management of the request, the customer is invited to contact Hemmet® customer service by sending an email to support@hemmetbrand.com, indicating the order number and clearly describing the problem encountered, attaching photographic (and possibly video) documentation suitable for highlighting the reported defect, so as to facilitate preliminary technical checks.
Hemmet® reserves the right to request further information or proof of purchase, as well as to request the return of the product to carry out the appropriate technical checks before proceeding with any warranty intervention.
Failure to or incomplete transmission of the necessary information may result in a delay in processing the request or the impossibility of correctly evaluating its admissibility.

6.2 Ophthalmic Processing by Third Parties and Warranty Limitation

Should the customer choose to have prescription lenses fitted or ophthalmic processing carried out by third-party laboratories or opticians, other than our H|Optical™ service, Hemmet® cannot guarantee the technical compatibility of the processing performed with the frame's structure.
Any third-party intervention on the frame is considered a modification of the original product and may compromise its structural integrity.
Therefore, the commercial warranty does not apply to damages, deformations or defects resulting, even indirectly, from such interventions (including, by way of example, non-conforming mountings, tensions on the frame, breakages or structural alterations).
In the presence of processing carried out by third parties, Hemmet® reserves the right to verify the nature of the reported defect and to exclude warranty coverage if it is not possible to ascertain that it is original and not connected, even indirectly, to external interventions.
In any case, the application of the legal warranty for original product conformity defects remains valid, within the limits established by current legislation.

6.3 H|Optical™ Extended Warranty

Hemmet® offers the possibility to purchase an extended warranty called H|Care™, which extends coverage beyond the terms of the standard legal warranty.
The H|Care™ extended warranty has a total duration of up to 3 years and includes specific additional services, as indicated on the relevant product page and in the dedicated conditions.
The extended warranty may include, for example, additional coverage for accidental damage, facilitated replacements or priority services, within the limits and conditions expressly provided.
The detailed conditions, exclusions and activation methods of the H|Optical™ extended warranty are available on the dedicated page at the time of purchase and constitute an integral part of the contract.
The H|Optical™ extended warranty is in addition to and does not replace the legal conformity warranty, which always remains applicable within the terms provided by law.

SECTION 7 - ORDER CANCELLATIONS, CUSTOMIZED PRODUCTS AND PAYMENT INTEGRATIONS

This Section applies to all customizable or made-to-measure products offered by Hemmet® (including, but not limited to: eyeglasses with prescription lenses, jewelry or watches with engravings, customized products or those modified at the customer's request, and any other goods or services whose production or adaptation requires specifications provided by the buyer).
For such products, specific rules apply that derogate from the ordinary right of withdrawal as provided for by current legislation.

7.1 Standard order cancellations (non-customized products)

The customer may request the cancellation of an order for non-customized products only if the shipment has not yet been made and subject to acceptance of the cancellation by Hemmet®.
In the event of an accepted cancellation, Hemmet® reserves the right to apply a restocking fee equal to 5% of the total order amount, aimed at covering administrative, logistical and warehouse booking management costs.
The refund will be made using the same payment method used for the purchase, unless otherwise agreed.

7.2 Exclusion of the right of withdrawal for customized products

Pursuant to art. 59, paragraph 1, letter c) of the Consumer Code (Legislative Decree 206/2005), the right of withdrawal does not apply to goods made to measure or clearly personalized.
It follows that orders relating to customizable or made-to-measure products are not refundable, as they are specifically made for the customer and cannot be resold to third parties.

7.3 Automatic order processing procedure 

Upon confirmation of an order on the Hemmet® website, the system automatically activates the processing procedure, which differs depending on the type of product purchased:

a) Standard orders
For non-customized or non-made-to-measure products, order confirmation involves booking the goods in the warehouse and initiating packaging and shipping logistics operations.
Until shipment, the order may be subject to a cancellation request by the customer, which will be evaluated at Hemmet®'s discretion.

b) Customized orders (e.g., glasses with prescription lenses, engravings or custom configurations)
For customized products, order confirmation triggers immediate processing at the specialized laboratory or production department.
In the case of glasses with prescription lenses, the Hemmet® system automatically communicates the optical data to the laboratory, which proceeds with booking, purchasing, and starting production of the customized lenses.
These lenses are made according to specific prescriptions or customer configurations, making them unique and non-reusable. Even if the processing is not yet complete, the lenses are uniquely dedicated to the order, and their cost becomes non-refundable.
For this reason, once the customized order is confirmed, it is no longer possible to make changes or cancel the order. 

7.4 Cancellation, refunds and deductions for customized orders

If Hemmet® exceptionally accepts the cancellation of a customized order not yet completed, the refund may be limited exclusively to the value of the reusable parts (e.g., the frame) and made net of the 5% restocking fee and any costs already incurred for purchased raw materials, laboratory bookings, or initiated processing.

The processing costs for customizations — including prescription lenses (as detailed in section 7.7) and engravings or other customized work (as detailed in section 7.8) — will not be refunded under any circumstances, regardless of the production status, order progress, or cancellation request date.

For customers requesting cancellation of a customized order, or in cases where Hemmet® decides to accept such a request exceptionally, these refund and deduction conditions will apply in full, in accordance with articles 7.2, 7.3, and 7.6.

7.5 Payment integrations for special processing (general principle)

Hemmet® reserves the right to request a payment integration when the automatic cost assessment (e.g., via the configuration system) is unable to accurately determine the actual cost of customized processing.
This is particularly true for complex processing such as custom-made lenses, elements with particular tolerances, special materials, or tailor-made processes.
The integration is intended to cover the actual production costs (raw materials, special processing, quality control, etc.) that emerge after order confirmation.

The integration amount will always be communicated transparently via email or a secure payment link, before final production begins.
Any changes to the amount will be communicated promptly and will require new acceptance by the customer.

7.6 Terms for integration payment and consequences of non-payment

The customer has 5 (five) days from the communication of the integration to settle the requested amount via the link or payment method indicated by Hemmet®.

Since order processing occurs automatically upon purchase, the booking of customized component processing (such as prescription lenses or tailor-made treatments) is activated immediately at the laboratory.

In case of non-payment of the integration within the established deadline, Hemmet® may, at its discretion:

a) cancel the order, proceeding with a refund exclusively for sums related to reusable components (e.g., the frame), net of a 5% restocking fee and any costs already incurred; or

b) ship any standard non-customized items included in the order.

In such circumstances, customization cannot be completed, and the processing of custom components will be definitively interrupted, as it is conditional on the payment of the integration.

Hemmet® will communicate the outcome of the procedure to the customer, specifying any refunds or remaining shipments, within a reasonable time.

7.7 Specifics for prescription lenses and ophthalmic processing (detailed explanation)

To ensure maximum clarity, the rules applicable to eyeglasses with prescription lenses (which also apply in principle to other categories of customized products) are detailed below:

1. Lens booking and purchase: upon order confirmation, Hemmet® may proceed with ordering lenses from suppliers or committing to their production. Lenses ordered according to prescription are considered dedicated and non-reusable.
2. Evaluation of custom-made lens cost: for prescriptions with extreme diopters, high indices (e.g., 1.74), special treatments, or non-standard geometries, the system may not promptly calculate the actual cost. In such cases, Hemmet® will inform the customer of any necessary integration.
3. Production times and phases: lens production includes multiple phases (material ordering, milling/casting, treatments, quality control, cutting, and mounting). Even if mounting is not completed, many intermediate phases can render the lenses non-refundable.
4. Prescription verification and customer responsibility: the customer is required to provide a correct, legible, and valid prescription; any errors or inconsistencies communicated by the customer may lead to delays, additional costs, or integrations. Hemmet® may request confirmation or additional documentation (e.g., scan of the prescription, DP/PD).
5. Quality guarantee and complaints: any defects attributable to workmanship or materials will be handled according to current regulations and our warranty policy; complaints must be reported within legal terms and according to the procedures indicated on the Returns/Warranties page.
6. Payment terms and order retention: until the integration is paid, Hemmet® may suspend or put the final production on hold; however, the laboratory's commitment to purchasing the lenses may have already been made.

7.8 Uniform application and similar cases (jewelry, watches, other customized items)

The above rules apply uniformly to all categories of customizable products: engraved jewelry, customized watches, made-to-measure components or any other item modified at the customer's request. For such products, Hemmet® may also request payment integrations for special materials or processing, and the same limitations on withdrawal and the same partial refund rules will apply.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Animis di G.C, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Animis di G.C and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@hemmetbrand.com.

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