Terms of service
TERMS AND CONDITIONS OF SALE (TCS)
For the use of the websites of the group www.mast-srl.net, www.hyfly.it
Preamble
These Terms and Conditions of Sale govern the purchase of products (the “Products”) presented on the websites www.hyfly.it and www.mast-srl.net (the “Sites”), managed by Mast Srl, with registered office at Via dell’Artigianato, 11, 36064 Colceresa (VI), Italy, VAT no. IT-04318360247.
Submitting an Order by the Customer implies full acceptance of these conditions.
For any information, complaints, or disputes, customers can contact customer service at: customercare@hyfly.it.
1. Scope of Application
1.1 These Terms and Conditions of Sale apply to all Orders placed with Hy Fly via the Site, by Email, or Telephone, regarding the purchase of Products.
1.2 Definitions used in these terms:
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“Customer”: any natural or legal person placing an Order.
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“Contract”: the agreement between Hy Fly and the Customer for the purchase of one or more Products.
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“Business day”: any day of the week except Saturday, Sunday, and public holidays.
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“Order”: the Customer’s proposal to purchase one or more Products from Hy Fly.
2. Downloading and Reviewing the Contract Terms and Conditions
2.1 The Customer can save a copy of these Terms and Conditions of Sale and all documents that form part of the Contract related to the Products purchased on the Site, using standard browser features (e.g., “File” -> “Save As”).
2.2 Each Order’s data will be stored by Hy Fly in its systems. To ensure the confidentiality of such information, the Customer will only be granted access after authentication in the reserved area of the Site, called “My Account,” using the login credentials (email and password) chosen during registration.
In this reserved area, the Customer can access previously concluded Contracts, pending and newly submitted Orders, and update or save their contact details and newsletter subscription data.
The Customer agrees to keep their access credentials confidential and not share them with third parties.
3. Conclusion of the Contract
3.1 The presentation of Products on the Site constitutes an invitation for users to submit a purchase proposal to Hy Fly. This invitation is not binding and does not represent a public offer pursuant to Article 1336 of the Italian Civil Code. Hy Fly reserves full discretion in accepting or rejecting submitted proposals.
3.2 To make a purchase, the Customer must register on the Site, providing Hy Fly with all data necessary for processing Orders, in compliance with current personal data protection regulations.
3.3 After registering, the Customer can select desired Products and add them to the virtual “cart,” the contents of which will always be visible before confirming the Order.
3.4 By clicking “Buy Now,” the Customer initiates the purchase process.
3.5 By clicking “Place Order,” the Customer formally submits their contractual proposal to Hy Fly. After submission, the Customer will receive an email confirming receipt of the Order at the provided email address.
3.6 Hy Fly reserves the right to accept or reject Orders received, without the Customer having any rights or claims in case of non-acceptance. The Order is considered accepted, and the Contract concluded only when the Customer receives the Order Fulfillment Confirmation Email.
4. Prices and Shipping Costs
Product prices published on the Site include VAT but do not include any applicable taxes, duties, or fees in the destination country if different from Italy. These charges will be borne by the Customer.
If the Customer refuses to pay such taxes, duties, or fees upon delivery and the goods are returned to the sender, the shipping costs (outbound and return), return fees, customs clearance, and any other costs incurred by Hy Fly will be entirely at the Customer’s expense and deducted from the refund.
Hy Fly reserves the right to change prices at any time. However, any changes will not affect Orders already confirmed.
5. Payment and Delivery
5.1 Unless the Customer chooses payment by Advance Bank Transfer, the price of the ordered Products/Services must be paid in full at the time of Order submission. In case of non-acceptance of the Order, Hy Fly will promptly refund any amounts already paid by the Customer.
5.2 Invoices will be issued exclusively in electronic format.
5.3 Goods are shipped from Italy. Any applicable taxes, duties, or fees in the destination country, if different from Italy, are the Customer’s responsibility.
5.4 Shipments will be entrusted to couriers selected based on the destination and shipping costs. Hy Fly undertakes to ship the Products as quickly as possible, with an average dispatch time of 5 business days. In case of urgency, the Customer may verify delivery times by contacting customer service at customercare@hyfly.it.
5.5 In case of delivery refusal or failure due to the Customer’s absence, Hy Fly may charge additional costs arising from storage, redelivery, or return of goods. The Customer must ensure that someone is available at the delivery address to receive the package.
If the Customer refuses to bear such additional costs, Hy Fly has the right to withdraw from the contract, recover the Product, and refund the amount paid by the Customer, minus the costs of shipping, storage, and handling.
5.6 Hy Fly shall not be liable for delays or non-delivery in the following cases:
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Despite proper procurement of Products, the supplier did not meet agreed delivery terms;
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Product unavailability is due to circumstances beyond Hy Fly’s control;
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Hy Fly promptly informed the Customer of the Product unavailability.
If the Product unavailability prevents delivery to the courier within 30 days of payment receipt, Hy Fly will refund the Customer within 10 days from Order cancellation by either party.
5.7 Hy Fly shall not be liable for delays or non-delivery due to force majeure, including, but not limited to: strikes, government actions, transport difficulties, fires, floods, or other extraordinary events beyond its control.
Hy Fly will promptly inform the Customer of the occurrence or cessation of a force majeure event. If such a situation persists for over 30 days, either party may withdraw from the contract. In this case, the Customer will not be entitled to compensation or damages but may receive a refund of the amount paid, which will be processed within 10 days of the Order cancellation.
5.8 The risk of accidental loss or damage of the Products remains with Hy Fly until delivery to the Customer or a person designated by the Customer, regardless of whether the shipment is insured or not.
6 - Conformity, Warranty, and Complaints Management
6.1 For technical reasons, Products may undergo changes without prior notice compared to what is published on the Website and/or in the catalogs.
6.2 Purchases made by Consumers are subject to legal warranty provisions, including, where applicable, the rules set forth in the Consumer Code regarding Consumer protection.
6.3 In the event of faults or defects in the purchased Products, the Customer must contact Hy Fly within two months from the discovery of the defect, according to the methods outlined in these Terms of Sale. The Customer shall have the right to request, at their discretion, the repair or replacement of the Product, unless the requested remedy is objectively impossible or excessively burdensome compared to the available alternative.
6.4 Hy Fly will carry out the repair or replacement of the Product within a reasonable period from the receipt of the Customer's request. Customers are advised to describe the defect in as much detail as possible and to provide any useful information to facilitate the handling of the request.
If the Customer does not receive a response within 7 business days, Hy Fly invites them to follow up and check whether the emails sent have ended up in the spam folder or have not been delivered due to technical issues with their email provider.
6.5 If the repair or replacement of the Product is impossible, excessively burdensome, not carried out within a reasonable time, or causes significant inconvenience to the Customer, the latter may request, at their choice:
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an appropriate price reduction, or
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the termination of the Contract.
Termination of the Contract shall not be allowed for minor defects if the repair or replacement proves impossible or excessively burdensome.
7 - Purchase Coupons
Purchase Coupons are offered by Hy Fly as part of promotional campaigns and have a limited validity period.
8 - Conditions for Redeeming Purchase Coupons
8.1 Purchase Coupons are valid until the indicated date and can be used only once for a single Order. They must be applied before confirming the Order, as no discounts can be applied afterward.
8.2 Purchase Coupons are not refundable in cash, nor transferable to third parties. Furthermore, credits represented by multiple Coupons are not cumulative.
8.3 If the total Order value is lower than the value of the Purchase Coupon, any remaining credit will not be refunded to the Customer.
8.4 If the value of the Purchase Coupon is lower than the total value of the Order, the Customer may pay the difference using one of the available payment methods.
8.5 The Purchase Coupon will not be refunded if the Products purchased with it are fully or partially returned.
9 - Data Protection
Hy Fly reserves the right to retain data relating to each Order and the Customer’s contact details exclusively to ensure proper fulfillment of the Order. This includes the possibility of transmitting such data to commercial partners involved in payment management, Order processing, and/or Product shipment. Additionally, the data may be used to handle any warranty-related claims and to provide recommendations or instructions to the Customer. The storage and processing of data will be carried out in compliance with Hy Fly’s data protection policy (“Privacy Policy”).
10 - Severability Clause
If any current or future provision of the Terms and Conditions and/or the Contract is found to be void, ineffective, or if there is a gap, the remaining provisions shall nevertheless remain valid and effective. In such a case, Hy Fly and the Customer agree to negotiate in good faith the replacement of the void or ineffective clause with a provision that allows the same objectives as the original clause to be achieved, safeguarding the economic substance of the Contract.
11 - Right of Withdrawal
11.1 In accordance with the information obligations set forth in Article 52, paragraph 1, letters (f) and (g) of the Consumer Code, the following provisions govern the Customer's right of withdrawal, as regulated by the Consumer Code.
11.2 The right of withdrawal applies exclusively to private Customers. Customers who make purchases using a VAT number cannot exercise this right. Pursuant to Articles 64 and following of Legislative Decree No. 206/2005, the consumer Customer (i.e., a natural person who purchases Products for personal and non-professional use) has the right to withdraw from the purchase contract for any reason.
11.3 - Instructions for Exercising the Right of Withdrawal
The Customer may exercise the right of withdrawal without being required to specify the reasons, by notifying Hy Fly within 14 (fourteen) working days from the delivery date of the Product (or, in the case of multiple deliveries, from the last partial delivery). The notice of withdrawal must be sent via email to the address provided by Hy Fly.
Following the exercise of withdrawal, the Customer must return the Product to Hy Fly within 30 (thirty) days from the delivery date, sending it to the address specified by the company.
The return shipping costs shall be borne by the Customer.
Until receipt is confirmed at Hy Fly’s warehouse, the shipment is under the Customer’s full responsibility.
The right of withdrawal is valid only if the Product is returned in intact condition. It is sufficient that the item has been handled carefully and without damage, maintaining its normal preservation state.
The withdrawal communication must be addressed to:
Hy Fly, by Mast Srl
Via dell’Artigianato, 11
36064 - Colceresa (VI)
Italy
customercare@hyfly.it
The Products must be returned to:
Hy Fly, by Mast Srl
Via Righetto, 22/24
36055 - Nove (VI)
Italy
customercare@hyfly.it
11.4 - Consequences of Withdrawal
If the Customer exercises the right of withdrawal in compliance with these Terms of Sale, both the Customer and Hy Fly must return any goods or payments already received. Hy Fly will refund the amount paid by the Customer within 30 (thirty) days from the receipt of the withdrawal notice or, if earlier, from the date of receipt of the returned Product.
The Customer is responsible for any damage or loss of the Product during return shipping. If the Product is damaged or destroyed during transport, the withdrawal will be considered invalid and no refund will be made. The shipping costs for the return remain the Customer’s responsibility.
For the withdrawal to be considered valid, the Customer must return the Products:
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Properly packed in the original packaging, in perfect resalable condition (without damage, signs of wear, or dirt) and complete with all accessories, manuals, and documentation.
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Accompanied by the delivery document included in the original package, to allow identification of the Customer (Order number, name, surname, and address).
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Without evident signs of use, except for those resulting from a normal trial of the Product. The Product must not appear to have been used extensively or in a way that would compromise its resale.
In case of damage during transport, Hy Fly will inform the Customer within 5 working days from the receipt of the Product, so that the Customer can file a complaint with the courier and request reimbursement (if the shipment was insured). In this case, Hy Fly will make the Product available for collection by the Customer and will cancel the withdrawal request.
Important:
Hy Fly is not liable for damage, theft, or loss of Products returned with uninsured shipments.
If the returned Product does not meet the above conditions, the withdrawal will be ineffective and no refund will be made.
11.5 - Refusal of Payment and Return Costs
If the Customer indirectly exercises the withdrawal by refusing to pay any fees specified in Point 4 of the Terms of Sale (e.g., shipping costs or customs duties), and the goods are therefore returned to the sender, all expenses incurred by Hy Fly (outbound and return shipping, customs clearance, return costs, etc.) will be charged to the Customer and deducted from the refund.
Copyright
These Terms of Sale are the intellectual property of Hy Fly and are protected by copyright. Any use, even partial, by third parties for commercial purposes is prohibited. Violations will be prosecuted by law.
PRICE AND SHIPPING COSTS
The prices of the Products published on the Website include VAT, but do not include any taxes, duties, or levies applicable in the destination country, which will be borne by the Customer.
If the Customer refuses to pay such taxes, duties, or levies at the time of delivery, and the goods are returned to the sender for this reason, the shipping costs (both outbound and return), return fees, customs clearance fees, and any other costs incurred by Hy Fly will be fully borne by the Customer and will be excluded from the refund.
Hy Fly reserves the right to modify Product prices at any time. However, price changes will not apply to orders already placed.
Payment and Delivery
Payment: Unless the payment is made via "Advance Bank Transfer," the Customer must pay the full amount for the ordered Products/Services when placing the Order. If the Order is refused, Hy Fly will promptly (within 5 days) refund the Customer for any amount already paid.
Invoicing: Invoices will be issued exclusively in electronic format (e.g., PDF).
Delivery: Hy Fly will use selected couriers based on the destination and shipping cost. Products will be shipped as soon as possible, with an average dispatch time of 5 working days. In case of urgency, the Customer can contact customer service at customercare@hyfly.it to inquire about the estimated delivery time.
Refusal or Failed Delivery: In the event of delivery refusal or absence of the Customer at the time of delivery, Hy Fly will charge the extra costs for storage, redelivery, or return of the Products. The Customer is responsible for ensuring the courier can deliver to the address provided during the order process. If the Customer refuses to bear the extra costs, Hy Fly will have the right to withdraw from the contract, recover the Product, and refund the Customer, deducting the incurred extraordinary costs.
Product Unavailability: All Products offered by Hy Fly are subject to availability. In case of stock depletion, Hy Fly will not be responsible for delays or failure to fulfill the Order. In such cases, Hy Fly will promptly inform the Customer of the Product's unavailability and, if necessary, cancel the Order and refund the amount already paid. Any changes to the price or availability of the Products will be communicated before the Order is confirmed.
Liability for Delay or Failed Delivery: Hy Fly will not be held liable for delays or failed delivery if:
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Despite timely procurement, it is unable to restock within the agreed time with the supplier;
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Replacement of the Products is not possible due to reasons beyond Hy Fly’s control;
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Hy Fly promptly informs the Customer of the unavailability.
If unavailability prevents delivery to the courier within 30 days of receiving the payment, Hy Fly will refund the Customer within 10 days of Order cancellation.
Force Majeure: Hy Fly will not be liable for delays or failed delivery caused by force majeure events (e.g., strikes, government actions, transportation issues, fires, floods, etc.). Hy Fly will promptly inform the Customer of the cause. If such cause lasts more than 30 days, either party may withdraw from the contract. In case of withdrawal, the Customer will not be entitled to compensation but will be refunded for any amount already paid within 10 days of the Order cancellation.
Risk of Product Loss: The risk of loss or damage to the Products is borne by Hy Fly until delivery to the Customer or another recipient indicated by the Customer, regardless of whether the shipment is insured.
RIGHT OF WITHDRAWAL
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Right of Withdrawal
In compliance with the information obligations under Article 52, paragraph 1, letters (f) and (g) of the Consumer Code, the following Sections govern the Customer’s right of withdrawal, as provided by the same Code. -
Applicability of the Right of Withdrawal
The right of withdrawal is applicable exclusively to private Customers. Customers purchasing with a VAT number cannot exercise the right of withdrawal. Pursuant to Article 64 and following of Legislative Decree no. 206/2005, if the Customer is a consumer (i.e., a natural person who buys goods for purposes unrelated to their professional activity, and does not indicate a VAT number on the order form), they have the right to withdraw from the purchase contract for any reason. -
How to Exercise the Right of Withdrawal
The Customer may withdraw from the Contract according to the procedures and within the time limits outlined in this Section.
To exercise the right of withdrawal, the Customer must send a withdrawal notice within 14 (fourteen) working days from the delivery date of the Product (in the case of multiple deliveries, from the date of the last partial delivery). The notice can be sent:
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By registered letter with acknowledgment of receipt,
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Or via email, provided it is followed by a read receipt confirmation within 48 (forty-eight) hours of the email transmission.
In the event of withdrawal, the Customer must return the Product to Hy Fly at the address indicated below within 30 (thirty) days from the delivery date.
Return shipping costs are the responsibility of the Customer.
The return of the Product is under the Customer’s full responsibility until it is received at our warehouse. The Product must be returned in substantially intact condition, but it is sufficient that it is in a state of normal preservation, as if it had been handled with reasonable care.
Withdrawal Communication and Return Address
The withdrawal communication must be sent to:
Hy Fly, by Mast Srl
Via dell'Artigianato, 11
36064 - Colceresa (VI)
Italy
Email: customercare@hyfly.it
The Product must be returned to:
Hy Fly, by Mast Srl
Via Righetto, 22/24
36055 - Nove (VI)
Italy
Email: customercare@hyfly.it
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Consequences of Withdrawal
If the Customer exercises the right of withdrawal according to the specified methods, Hy Fly will refund the amount paid, provided the Product is returned within 30 (thirty) days from the date of receiving the withdrawal notice or, if earlier, from the date Hy Fly receives the returned Product.
The risks related to the destruction or damage of the Products during return shipment are borne by the Customer. In case the Product is damaged during transport, Hy Fly will notify the Customer within 5 (five) working days, so that they may file a claim with the courier and obtain reimbursement of the product’s value (if insured). In such cases, the Product will be made available to the Customer for its return, and the withdrawal request will be canceled.
Return shipping costs are always the responsibility of the Customer. -
Conditions for Exercising the Right of Withdrawal
The Customer may exercise the right of withdrawal only if the returned Product:
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Is properly packaged in its original packaging, in perfect resale condition (not damaged, soiled, or worn), and includes all accessories, user instructions, and documentation;
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Is accompanied by the delivery document (found in the original packaging) allowing identification of the Customer (Order number, full name, and address);
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Shows no signs of use, except those compatible with a normal Product test, and must not show signs of prolonged or excessive use.
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Damage During Transport
In case of damage during transport, Hy Fly will inform the Customer of the incident within 5 working days of receiving the Product, allowing the Customer to report the incident to the courier in a timely manner and obtain reimbursement of the value (if insured). In this case, the Product will be made available to the Customer for its return, and the withdrawal request will be canceled. -
Liability for Uninsured Returns
Hy Fly shall not be held responsible for damage or loss of goods returned via uninsured shipments. -
Ineffectiveness of Withdrawal
If the returned Product does not meet the conditions outlined above, the withdrawal will not take effect and the Product will not be refunded. -
Intellectual Property
These General Terms and Conditions of Sale constitute intellectual property protected by copyright. Their use, even partial, by third parties for commercial purposes is prohibited. Any violations will be prosecuted.