Terms & Conditions

This document contains the general terms and conditions on the basis of which the use of the site www.hackyourmindshop.com is offered to users

1. Definitions
To allow for a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below.
Application: the website www.hackyourmindshop.com
Products: the products supplied to the user by the Owner
User: any person who accesses and uses the Application/website
Consumer User: the natural person of legal age who concludes a contract for purposes unrelated to his/her business, commercial, craft or professional activity, if any
Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.

2. Scope of the Terms
The use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Conditions can be modified at any time.
The applicable Conditions are those in force on the date the purchase order or request for supply of a Product is transmitted.
Before using the Application, the User is required to read the Conditions carefully and to save or print them for future consultations.
The Owner reserves the right to vary, at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, notifying the User , where necessary, the relative instructions.

3. Purchase or supply request through the Application
All the Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery times and costs, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Furthermore, any images of Products are only representative and do not constitute a contractual element.
Purchases and/or supply requests of one or more Products through the Application are permitted to Consumer Users.
Natural persons can make purchases and/or supply requests only on condition that they are of age. For minors, every purchase and/or request for the supply of Products through the Application must be examined and authorized by parents or those exercising parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and/or supply request, subject to confirmation and/or acceptance by the Owner as described in following. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and/or reason.
The contract for the sale or supply of the Products is understood to be concluded with the Owner's acceptance of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, in which the date of the order, the User's data, the characteristics and availability of the Product, the price or the price calculation method, any additional charges and ancillary taxes, the delivery address, delivery times and any expenses , the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered completed in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.

4. Prices and Payments
For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
Furthermore, all possible taxes, additional expenses and delivery costs will be indicated, which may vary in relation to the destination, the chosen delivery method and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data if requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.

5. Billing
The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be truthful, will be used as proof, releasing the Owner of any indemnity in this regard.

6. Methods of delivery of material Products
The tangible Products and/or digital goods supplied on a tangible medium will be delivered to the address indicated by the User, with the methods and within the deadline chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the time the courier takes charge.
In the event that it is not possible to supply the Products requested, the User will be promptly notified by e-mail, with indication of when it is expected to be able to deliver them or the reasons which make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he or she may request a refund of the amount paid, which will be promptly credited to the same payment methods used by the User for the purchase at the latest 30 days from the date on which the Owner has become aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event that there is evident damage to the packaging and/or to the Product, the User can refuse delivery of the Product and can return it at no cost to him. Once the delivery document has been signed, the User may not make any objection regarding the external characteristics of the delivered Products.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.

7. Right of withdrawal of Consumer Users from the purchase of material Products
Only the Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 30 days from the date of receipt of the Product, by sending a written communication to email address hackyourmind@myyahoo.com.
In the case of separate delivery of several Products, ordered by the Consumer User with a single order, the 30-day deadline for exercising the right of withdrawal starts from the day on which the last Product was received.
In the event of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 30 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.
In the event of a correctly exercised withdrawal, the Owner will refund the payments received from the User, using the same payment methods used by the User for the initial transaction, without undue delay and in any case within 30 days from the day on which the User communicates that he/she wants to withdraw from the contract.
The Owner is not required to reimburse delivery costs if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
Unless he has offered to collect the Product himself, the Owner may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Owner will not accept the return if the Product is already unpacked and therefore the package is no longer intact. In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.

8. Optional form to exercise the right of withdrawal
The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address hackyourmind@myyahoo.com before the expiry of the withdrawal period:
I hereby announce the withdrawal from the sales or supply contract relating to the following product __________
Order number:_______
Ordered on: _______
Name and surname: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________

9. Guarantee of conformity of material Products for Consumer Users
The legal guarantee of conformity is recognised, provided for by articles 128-135 of the Consumer Code, for all Products sold through the Application that fall into the category of "consumer goods", as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, even to be assembled, except for I) goods subject to forced sale or in any case sold according to other methods by the judicial authorities, including by delegation to notaries, II) water and gas, when not packaged for sale in a limited volume or specific quantity, III) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner has the obligation to deliver to the Consumer User Products compliant with the sales contract. The Products are presumed to comply with the contract if, where relevant, the following circumstances coexist:
to. are suitable for the use for which goods of the same type are normally used
b. they comply with the description given by the Owner and possess the qualities of the goods that the seller has presented to the User Consumer as a sample or model
c. present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public declarations on the specific characteristics of the Products made in this regard
by the Owner, the producer or his agent or representative, in particular in advertising or on the labelling
d. they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of conclusion of the contract and which the Owner has accepted also for conclusive facts.
Any faults or malfunctions caused by accidental facts or by the responsibility of the Consumer User or by use of the Product that does not comply with its intended use and/or as provided for in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months following the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the conformity defect. After 6 months, the Consumer User will have to provide proof that the damage did not originate from erroneous or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, free of charge. To this end, the Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous.
Furthermore, the Consumer User has the right to an adequate reduction in the price or termination of the contract, only if one of the following situations occurs: I) repair and replacement are impossible or excessively expensive; II) the Data Controller has not repaired or replaced it within a reasonable time; III) the replacement or repair has caused considerable inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address hackyourmind@myyahoo.com
The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.

10. User Submitted Content
The User can upload Contents to the Application, provided they are not illegal (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties ), misleading, or are not harmful to the Data Controller and/or third parties in any other way or do not contain viruses, political propaganda, commercial solicitations, mass e-mails or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to hold the Owner harmless and harmless from any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through his account by adults. For minors, the sending of Contents must be examined and authorized by the parents or those exercising parental responsibility.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Contents and contact between Users and is therefore the only guarantor and responsible for the correctness, completeness and lawfulness of the Contents and your own behavior.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to steal their identity, or in any other way to falsely declare the origin of the Contents.
The Owner is unable to ensure precise control over the Contents received and reserves the right at any time to delete, move, modify those which, in its discretionary judgement, appear to be unlawful, abusive, defamatory, obscene or harmful to the right of author and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use on the Contents sent, without limitations of geographical areas. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, memorize, annotate, codify, modify and adapt ( including without limitation the right to adapt for transmission by any communication method) in any form, any Content (including images, messages, including audio and video) that may be sent by the User, also through third parties.
The Content sent will not be returned and the Owner will not be liable to Users for the loss, modification or destruction of the Content sent.
It is expressly forbidden, unless explicitly authorized by the Owner: I) the use of automatic ad loading systems, except those expressly authorized, II) the serial publication and/or management of ads on behalf of third parties by any means or modality, III) resell the services of the Owner to third parties.

11. Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating and/or pertaining to the Application and/or the Contents available on the Application. Therefore, all trademarks, figurative or registered and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
The Conditions do not grant the User any license to use the Application and/or individual contents and/or materials available therein, unless otherwise regulated.
Any reproductions in any form of explanatory texts and Application Contents, if not authorised, will be considered violations of the Owner's intellectual and industrial property rights.

12. Disclaimer of Warranty
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not never interruptions or will be free of errors or it will be free of viruses or bugs.
The Owner will work to ensure that the Application is uninterruptedly available 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the Controller's will or due to force majeure events.

13. Limitation of Liability
The Owner cannot be held responsible to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs suffered by the User following the failure to perform the contract for reasons not attributable to him, since the User is only entitled to a full refund of the price paid and any ancillary charges supported.
The Data Controller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, holder's name, password, etc.)
The Owner will not be responsible for:
any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that is not a direct consequence of the breach of the contract by the Owner
incorrect or unsuitable use of the Application by Users or third parties
the issue of incorrect documents or fiscal data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion
In no event can the Owner be held responsible for a sum exceeding double the cost paid by the User.

14. Force majeure
The Data Controller cannot be held responsible for the failed or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unforeseen and unpredictable events and, in any case, independent of its will .
The fulfillment of the obligations by the Data Controller will be considered suspended for the period in which events of force majeure occur.
The Data Controller will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

15. Linking to Third Party Sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties, with respect to which the Owner assumes no responsibility, will apply to the individual services.

16. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page 

17. Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
Without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of the possibly more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercise of this right, the methods and formalities for communicating the same and the legal guarantee of conformity.

18. Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/