Terms of sale
This document contains the General Conditions of Sale governing the offer and sale of Products, as defined below, through the website www.officinafitobiologica.it (hereinafter the "Site"), owned by Officina Fitobiologica, with headquarters in Milan, Via Ulisse Salis, 17 VAT number 03731410159, registered in the Milan Company Register 03731410159.
The products and services purchased on the Site are sold by Officina Fitobiologica, based in Milan, Via Ulisse Salis, 17 VAT number 03731410159, registered in the Milan Business Register 03731410159 (hereinafter the "Seller").
These General Conditions of Sale apply to the offer of Products, as defined below, to consumers, meaning consumers are natural persons who act for purposes not related to any commercial or professional activity carried out, as well as to the forwarding and l '' acceptance of online purchase orders between the Seller and a consumer (so-called Business to Consumer or B2C commercial relationships). Therefore, the discipline contained in the legislative decree n. 206/2005, so-called Consumer Code, and in the legislative decree n. 70/2003 on electronic commerce.
The Seller invites you to carefully read these General Conditions of Sale before proceeding with any purchase through the Site. In fact, the Seller reserves the right to modify these General Conditions of Sale at any time; any new rules will be effective from their publication on the home page of the Site and will apply to sales that will be made starting from their publication.
In these General Conditions of Sale the following terms have the meaning specified below:
Contract: sales contract concerning a Product, which is concluded between the consumer and the Seller through a sales system organized on the Site, to which these conditions apply.
Customer: the final consumer, i.e. the natural person who acts for purposes not related to any commercial or professional activity carried out and is authorized to operate on the Site in order to purchase the Products, according to the methods indicated in these General Conditions of Sale.
Order Confirmation: final summary of the details relating to the Contract, sent to the Customer by e-mail once payment has been made and the Seller has started preparing the order for shipment (as regulated by these General Conditions of Sale). The receipt of the Order Confirmation by the Customer constitutes the moment in which the Contract is finalized. In detail, this document contains the list of Products actually purchased together with their main characteristics, including that relating to the Price. It will also contain all information relating to shipping data, costs and the shipping method requested. In addition, the total cost of the order (with and without VAT) and the main information relating to the payment made will be indicated. Finally, the document in question will contain references to the General Conditions of Sale, to the general conditions of use of the Site and to the Seller's tax data (name, legal form, registered office, registration in the register of companies, tax code, VAT number and responsible).
Order Form: the form on the site for entering and registering the data of the Customer who intends to conclude a Contract and which will be sent electronically to the Seller.
Price: the contractual consideration, including VAT. Delivery costs are included in the Price and the related cost item is expressly indicated when sending the Order Form.
Product / s: the items present in the electronic catalog published on the Site, as described in the relevant product sheets. The equipment installation service, as well as the maintenance service, when foreseen and within the limits of how they are described in the catalog on the Site, are also considered Products.
Commercial policy - Scope of application
The Seller's mission is to promote and sell the Supplier's Products to private individuals qualifying as consumers. In consideration of its commercial policy, the Seller reserves the right not to process orders from subjects that do not fall within the definition of Customer, or in any case to orders that do not comply with its commercial policy.
The Products are shipped in the following way:
- products kept at the central warehouse of the Seller who provides for the shipment to the Customer who has concluded the Contract;
In the event of an IT, manual, technical, or any other type of error, not foreseen by the Seller, which could result in a substantial change in the Price making it exorbitant or clearly insignificant compared to the value of the Product, the Contract will be considered invalid, therefore canceled, and the amount paid will be refunded to you within 14 days from the day of cancellation, upon notice.
The Seller reserves the right to verify and evaluate your correctness and good faith when you act as a Customer, especially in the case of using promotions or discount coupons. If your behavior is found to be unlawful and incorrect, the Seller will promptly notify you and will proceed with the cancellation of your order indicating the reasons.
These General Conditions of Sale can be viewed at any time on the Site and you must expressly accept them in order to proceed with the conclusion of the Contract.
In any case, before proceeding with the purchase of the Products by sending your data and making the payment, it is your obligation to carefully read the General Conditions of Sale and the general conditions of use, as well as to print and / or store a copy for any future use, in compliance with the provisions of the Consumer Code.
How to conclude the contract with Officina Fitobiologica
The purchase of a Product requires the registration of your data on the Site by completing the Order Form. Authentication to the reserved area of the Site, by entering personal credentials, is not necessary for the purpose of concluding your Contract. However, it allows you to save your personal data and speed up the procedure for your future purchases.
You will be solely responsible for the truthfulness and correctness of the data entered and communicated to the Seller when completing the Order Form. It is understood that any damage, delay or inconvenience derived from or attributable to the incorrectness or untruthfulness of the personal data entered during the purchase procedure, or in any case subsequently modified, can in no case be attributed to the Seller.
When completing the Order Form, a reference to the General Conditions of Sale and a summary of the main information relating to each Product ordered is contained. In particular, the price, the means of payment that can be used, the delivery methods and the related costs are explained. In addition, there is a reference to the general conditions of use of the Site.
By submitting the Order Form, you unconditionally accept and undertake to observe these General Conditions of Sale in relations with the Seller. If you do not agree with some of the terms listed here, you will not be able to submit the Order Form for the purchase of Products on the Site. By submitting the Order Form, you confirm that you also know and accept the additional information contained on the Site, in the conditions general use and in the information on the processing of personal data.
The Contract is concluded when the Customer receives the Order Confirmation.
The Order Confirmation will be filed in the Seller's database. You can access the Order Confirmation by consulting the Personal Area> "My orders" section or, if the Customer is not registered on the Site, in the Support Area, by entering the order code and the email used in the compilation phase of the order creation form.
The language for concluding the Contract is only Italian.
The Price may be subject to updates until the final dispatch of the Order Form. The submission of the Order Form implies the confirmation and acceptance of the Price, except as indicated in Article 2.3.
Any active promotions on the Site relating to specific Products cannot be combined with each other, unless otherwise communicated by the Seller.
Only purchase requests with shipment to Italy will be accepted by the Seller.
In general, all the Products offered on the Site are immediately available. The availability of the Products ordered is guaranteed by the Seller for a maximum period of 3 days after sending the Order Form, where payment is made by bank transfer; for forms of payment in real time (eg credit card, paypal) product availability is guaranteed for the time necessary to complete the transaction (60 minutes). However, the Seller cannot under any circumstances be held responsible for the temporary unavailability of one or more Products.
In the circumstance in which you make the payment by bank transfer and the Price is received by the Seller after the guaranteed storage period established in Article 3.11, the Seller, if he no longer has the Products, will refund you the Price relating to the Products no longer available, net of the commissions applied.
In the event that you pay by credit card, if a Product is no longer available or on sale after sending the Order Form, it will be the Seller's responsibility to notify you aunt before the Order Confirmation.
Your submission of the Order Form is also valid as acceptance of any partial delivery, limited to the Products available as part of those ordered, as well as a waiver of claiming compensation or compensation for this reason. If you have already paid for the complete order, the Seller will refund you the share of the Price corresponding to the Products not available in the manner described below (see section "Refund times and methods").
Once the order phase has been completed, the Seller will send you, to the e-mail address indicated in the Order Form, notification of correct receipt of the Order Form, with a summary of the information contained in the form itself. This document is not intended as the Order Confirmation, which will be sent later, upon actual shipment of the Products.
Cancellation of the Order
Without prejudice to the provisions regarding withdrawal, it is possible to cancel orders not yet processed (marked with the status "in progress" or "awaiting payment") by contacting Customer Service.
It is not possible to cancel an order once the Order Confirmation has been received, therefore once the shipment has been processed.
In the event that, at the time of canceling an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to request a refund (as described in the "Refund times and methods" section).
The Seller will only accept payments in Euro currency.
For the payment of the Price you can use one of the methods indicated in the Order Form.
In case of payment by credit card, the entire payment procedure will be managed, in absolute safety, while the Seller will not come into possession of any information relating to the complete number of the credit / debit card or the security code, or similar.
An optional credit card storage service will be available on the Site for future purchases. You can activate this function at the end of the payment of an order: the credit card details will be kept exclusively by Shopify Payment and even in this case the Seller will not be able to get hold of them. Each time you pay for an order using the "stored card" function, the Seller's system will contact the Shopify Payment system providing the amount due and a special code, called "Alias", which will uniquely match the card credit to payment. The process will be fully tracked by Shopify Payment and it will in no way be possible for the Seller to trace the original data of the card used.
Shipping and delivery of products
The Seller ships the Products in Italy via primary express couriers. Delivery takes place, through express shipping, in 1-3 working days (Monday to Friday) from the receipt of the Order Confirmation. In any case, the Seller reserves the right to deliver the Products ordered within a maximum period of 30 days from the dispatch of the Order Confirmation.
The Seller undertakes to do everything necessary to respect the delivery times indicated above, but will in no case be held responsible for damage or inconvenience caused by any delays.
The country to which the Seller ships is exclusively Italy.
The cost for each shipment, associated with an order, will vary according to the following parameters: the place of destination and the total weight of the Products purchased with the single order, and will in any case be explained both during the order transmission procedure both in the Order Confirmation.
All the above costs are inclusive of VAT, applicable to the extent of the law.
Always check the number and integrity of packages at the time of delivery. Check the conformity of the Product that is delivered to you with the order placed; only after this verification, you can sign the delivery documents, obviously except for the right of withdrawal provided for in Article 8 of these General Conditions of Sale.
In the event of anomalies or damage, the complaint must be made immediately to the courier, refusing the delivery and promptly reporting the incident to the Customer Service, as specified in Article 5 of these General Conditions of Sale. The costs of replacement and redelivery will be entirely borne by the Seller.
Delivery by express shipping means at street level and will be made, unless otherwise indicated, from Monday to Friday during normal office hours (from 9:00 to 18:00), excluding national holidays.
If, on the day of delivery, you are not available at the address indicated by you during the purchase process, the Seller will immediately contact you by phone for make sure of the absence. In the event that delivery is not possible on the same day, the Products will be kept in storage for a further 15 days. During this time, a return will be attempted or you will be contacted by phone to agree on a new delivery date, updating the address if necessary.
Right of withdrawal
Pursuant to articles 52 and following of the Consumer Code, you will have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and in the manner indicated in this article, subject to exceptions. referred to in art. 59 of the Consumer Code.
To exercise the right of withdrawal, you must send the Seller a communication to that effect through the Customer Service, within 14 days from the date of receipt of the Products for which the right of withdrawal is exercised.
Once the aforementioned notice of withdrawal has been received, the Seller, having verified compliance with the terms to exercise the right of withdrawal, will send you, through its Customer Service, a "return opening" email, containing the procedure to be followed for the return of the products (see "return procedure for withdrawal" on the Site). The returned Product must be received by the Seller within 14 days of receipt of the communication of the opening returned for withdrawal. Once the returned Products have been received, the Seller will open a refund procedure (see "Refunds" on the Site) if and only if (i) the Products have been sent within the set deadlines (the postmark or delivery date is valid for the date to a possible courier) and (ii) the products will be perfectly intact and in their original packaging complete in all its parts (product packaging and ancillary documentation), in such conditions that they can be put back on sale.
In the event of withdrawal communicated in the manner referred to in the previous paragraph, the Seller will reimburse you all the amounts paid by the latter (including those by way of delivery costs of the Products, if you have used the least expensive delivery service offered by the Seller), within 14 days of receipt of the notice of withdrawal sent by you. The shipping costs for returning the product to the warehouse indicated by the Seller, on the other hand, are at your expense, as indicated in Article 9 of these General Conditions of Sale.
In consideration of the characteristics of the Products sold by the Seller, the right of withdrawal applies only to the Product purchased in its entirety; it is not possible to exercise the right of withdrawal only on one or more parts of the purchased Product. In the case of orders including multiple Products, it will be possible to exercise the withdrawal in relation to one or more Products of the order, specifying the description of the Products to be returned in the withdrawal notice. In these cases, the refund will be made in the manner indicated in the previous paragraph.
Regardless of the correspondence between the recipient of the Products indicated in the Order Form and whoever made the payment of the sums due for their purchase, the reimbursement of the sums will always be performed by the Seller in favor of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase was made). The Seller, also in accordance with the Consumer Code, reserves the right to withhold the refund until he has received the returned Products.
The right of withdrawal is understood to be exercised correctly if the following conditions are also fully met:
the email requesting to exercise the right of withdrawal contains the order code;
the Products relating to the order for which the right of withdrawal is exercised are sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept products from the same order, returned and shipped at different times.
The return procedure is opened only following your request to exercise the right of withdrawal. In any case, following your request, the Seller will verify the actual existence of the conditions necessary for the opening of a return procedure.
Following the opening of a return procedure, the Seller will send you an email containing a description of how to return the Product.
The shipping costs for returning the Product to the warehouse indicated by the Seller are at your expense. The Seller provides the possibility to collect the product via an express courier, directly to the address indicated by you. The cost varies according to the product being returned and the relative amount is communicated before the online return procedure is finalized. The cost will be deducted from the total amount of the refund. You will have to make yourself available to send the courier on a working day, at the address indicated by you.
The shipment, until the certificate of receipt in the warehouse indicated by the Seller is received, is under your full responsibility. Upon arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not caused by transport. If the package and / or the original packaging are damaged, the Seller will deduct from the refund due a percentage equal to the respective loss in value of the Product.
The returned package must necessarily contain a copy of the Order Confirmation sent to the email address indicated by you or the waybill on the package upon receipt.
Refund times and methods
A refund procedure can refer to two different types of situations:
reimbursement of the total amount relating to a Product for which the right of withdrawal has been exercised; for which an alteration was found such as to give rise to the Customer's right to the guarantee, for which it is not possible to proceed with the replacement;
partial refund relating to an order for which one or more Products were unavailable at the time of shipment.
Whatever the payment method you used, the refund is activated by the Seller as quickly as possible and in any case within 30 (thirty) days from the event that justifies the refund, using where possible the same payment channel with which the refund was made.
Regardless of the correspondence between the recipient of the Products indicated in the Order Form and whoever made the payment of the sums due for their purchase, the reimbursement of the sums will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used to pay the Price or as the holder of the current account from which the bank transfer used to pay the Price was made).
The privacy information is contained in the Information on the processing of personal data which is an integral part of these General Conditions of Sale.
For any other information on the privacy management policy, you can send a specific request through the Customer Service.
Applicable law and dispute resolution
These General Conditions of Sale are governed by Italian law, with specific reference to the legislation on electronic commerce contained in the Legislative Decree 9 April 2003 n. 70 and the Consumer Code Legislative Decree 6 September 2005 n. 206.
Any dispute that refers to the interpretation, execution, non-fulfillment or termination of the Contract, or that in any way is related to the General Conditions of Sale, will be subject to the jurisdiction of the Court of Rome, when the law does not provide the consumer's forum as exclusive. .
Changes and updates
The Seller reserves the right to modify these General Conditions of Sale at any time, also in consideration of any regulatory changes; any new rules will be effective from the moment of their publication on the Site and will apply to sales that will be made starting from their publication.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, as well as 33 and following of the Consumer Code, you expressly declare that you have read, understood and expressly accept the following articles of these General Conditions of Sale:
3 - How to conclude the contract with Officina Fitobiologica
4 - Cancellation of the orderf
5 - Guarantees and after-sales assistance
6 - Payments
7 - Shipping and delivery of products
8 - Right of withdrawal
9 - Returns
12 - Applicable law and dispute resolution
13 - Changes and updates