TERMINI E CONDIZIONI
In this section you will find all the legal information that governs the activities of access and use of TERRE IN FIORE
Access to and use of this Website, as well as the purchase of TERRE IN FIORE products, presuppose the reading, knowledge and acceptance of the following General Terms and Conditions of Sale.
We therefore invite you to regularly access this section to check, before making any purchase, the publication of the most recent and updated General Terms and Conditions of Sale of www.terreinfiore.com
SCOPE OF APPLICATION
These General Terms and Conditions of Sale (“Terms”) govern the sale of products and services through the Site and form an integral part of any Contract of Sale (“Contract”) that is concluded over the Internet between:
– TERRE IN FIORE, Via R.Maffei Snc – 91022 Castelvetrano – TP
– The Seller –
and any party purchasing products or services from the Site www.terreinfiore.com
– The Customer –
Any Order for the purchase of products from TERRE IN FIORE shall be governed by these Conditions, without prejudice to the Seller’s right to apply different and special conditions.
The applicable Conditions shall be those in effect at the time an Order is placed.
TERRE IN FIORE reserves the right to change these Terms and Conditions at any time, without prior notice.
These Terms do not regulate the sale of products or the provision of services by parties other than Seller that are featured or referred to on the Site through links, banners or other links.
In connection with such sales or provision of services, any form of liability on the part of the Seller is, therefore, excluded.
The Customer undertakes, before confirming its Order, to read these Conditions and accept them by placing a check (flag) in the box indicated.
By placing an Order through the Site, the Customer warrants both that he/she has the legal capacity necessary to enter into legally binding contracts and that he/she is at least 18 years of age.
Customers placing Orders through the Site agree to the Terms and Conditions as follows.
Seller offers its products for sale within the limits of stock available at the time of the Purchase Order.
Orders may be subject to quantity limitations, minimum or maximum.
The Customer may purchase only those products in the Site’s electronic catalog at the time the Order is placed, as described in the relevant information sheets.
Product information on the Site, such as technical specifications, images, dimensions or compatibility details, is not binding and may be subject to change at any time.
The technical steps to place an Order are clearly highlighted in the sequence of pages on the Site, through explanatory text and graphics.
By clicking on “Confirm Order”, the Customer will formulate to TERRE IN FIORE a contractual proposal to purchase having as object the items contained in the Shopping Cart.
Receipt of the Order does not constitute acceptance of the contractual proposal to purchase.
To complete the Order, the following formalities must be successful:
(a) Customer’s reading and acceptance, by “point and click”, of these Terms;
b) completion in electronic format by the Customer – by entering all the required data – of the Order Form, which contains a summary of the essential characteristics of each product or service chosen and its price; the means of payment for which the Customer has opted; the mode of delivery of the products purchased; the time and cost of shipping and delivery; the conditions for the exercise of the Customer’s right of withdrawal and the application of the legal guarantee of conformity; the manner and time for returning the products purchased;
c) payment, in favor of the Seller, of the price of the product(s) purchased by the Customer, including shipping and delivery costs;
d) automated forwarding electronically to the Seller of the aforementioned Order Form;
e) receipt electronically, by the Seller, of the aforementioned Order Form.
The placing of the Order entails the express acknowledgement by the Customer of the obligation to pay.
The correct receipt of the Order is confirmed by TERRE IN FIORE by e-mail to the e-mail address provided by the Customer.
This confirmation is generated automatically by the system and cannot be considered in itself acceptance of the Order, but only confirmation of receipt thereof.
The confirmation e-mail re-proposes all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections.
Following the receipt of an Order TERRE IN FIORE will verify the availability of the products ordered and, only after such verification, will communicate its acceptance of the Order, by sending to the Customer the Order Acceptance Receipt.
The Contract is concluded with the receipt by the Customer of the acceptance of the Order in the form of the Receipt sent by TERRE IN FIORE, or, in the absence of such acceptance, with the delivery of the items covered by the Order.
Once the Receipt of acceptance of the Order has been forwarded to the Customer, it will no longer be possible to modify or cancel the Order, subject to the right of withdrawal under the terms and conditions set forth in Section VI of these Conditions below.
If TERRE IN FIORE is unable to fulfill an Order received, it will promptly notify the Customer, and in any event before sending the Customer the Order Acceptance Receipt, except as provided in Section 14, paragraph 2 below.
In any event, TERRE IN FIORE reserves, at its sole discretion, the right to reject an Order, to set purchase limits and to require prepayment.
Each Contract shall relate solely to the products expressly and specifically set forth in the Purchase Order.
Any form of liability, contractual or non-contractual, arising from the non-acceptance of an Order shall be excluded.
The Seller shall have the right not to process Purchase Orders made in accordance with the provisions above, in the event that the Customer has not made payment for the products; or in the event that the Customer’s data is incomplete and/or incorrect; or even in the event that the products ordered are not, even temporarily, available.
In the event that the Seller does not process a Purchase Order placed by the Customer, the Seller will promptly inform the Customer, by e-mail, of the foregoing and will refund any amount already paid by the Customer.
PAYMENT OF THE PRICE
The price of the products ordered shall be the price in effect on the day the Order is placed and shall be paid to Seller in accordance with Article 10(c) above.
Shipping costs are not included in the purchase price, but are indicated and calculated at the time the Order is placed and before payment is made.
Unless otherwise provided, all prices shown on the Site are inclusive of VAT.
TERRE IN FIORE reserves the right to change prices at any time, without prior notice, unless the Customer’s Order has already been confirmed by the Seller pursuant to Article 12.
In the event of a change in price after the Customer’s Order has been sent and before confirmation by the Seller, the Seller will promptly notify the Customer by e-mail of the new price, who may either accept the change or reject it and, consequently, renounce the Order, at no additional cost.
The acceptance of the change must be communicated to TERRE IN FIORE, by e-mail or fax, within 7 days from the communication of it. Otherwise, the change will be deemed tacitly rejected and the Order will be deemed cancelled.
The Customer may pay for the ordered products through one of the payment methods indicated on the Site.
In the case of payment by credit card, the amount of the purchase will be charged to the Customer after the conclusion of the Order on the Site.
The relevant financial information will be handled solely by the payment circuits or credit institution.
The aforementioned information may be used by the Seller solely to complete the procedures relating to the payment of the products or services, or to provide for the making of refunds following the Customer’s exercise of the right of withdrawal referred to in Section VI of these Conditions below.
SHIPMENT AND DELIVERY OF PRODUCTS
Orders are processed from 9 a.m. to 5 p.m., Monday through Friday.
Orders placed after 5:00 p.m. on Friday will be processed the following Monday.
Unless otherwise provided in the Order Form, TERRE IN FIORE will ship the products purchased by the Customer, by courier, to the address indicated by the same, approximately within 24 working hours after acceptance of the Order.
The delivery will take place no later than 30 days after the acceptance of the Order.
TERRE IN FIORE assumes no liability for inefficiencies attributable to force majeure or unforeseeable circumstances, even where dependent on malfunctions and failures of the Internet, in the event that it fails to execute the Order in the time provided by the Contract.
Should the purchased products be delivered outside the national territory, the Customer is responsible for the payment of any import charges and taxes, as well as any duties and customs fees provided by the regulations in force in the territory of destination of the products.
The courier is responsible for the delivery. TERRE IN FIORE undertakes to collect any reports of non-delivery or delayed delivery of the products.
Any damage to the packaging and / or products, or the mismatch in the number of packages or indications, must be immediately reported to the courier through specific indication on the delivery document.
By signing the delivery document and in the absence of the aforementioned objections, the Customer certifies the actual material integrity of the products and the conformity of the delivery.
The facts referred to in paragraph 1 of this article must be reported, by e-mail, to the Seller within 8 days of delivery, enclosing the invoice (if issued) and the copy, belonging to the Customer, of the courier’s waybill.
The Seller shall issue an invoice to each Customer who has requested it and who, for this purpose, has entered his tax code or VAT number in the Order Form provided for this purpose. The information as provided by the Customer at the time of the Order shall prevail in this regard.
No invoice may be issued after the submission of the Order Form, unless requested at the time of placing the Order.
No changes to the invoice will be possible after the invoice has been issued.
When placing an Order, it is necessary to indicate whether the shipping address is different from the billing address.
Whenever the Customer decides not to enter his/her tax code or VAT number, TERRE IN FIORE will not issue an invoice.
RIGHT OF WITHDRAWAL AND RETURNS
Without prejudice to the provisions of art. 59 of Legislative Decree no. 206/2005, for purchases of products made through the Site, it will always be possible to exercise the right of withdrawal, in accordance with the provisions of the law, within the period of 14 days from the delivery of the products, by contacting the Seller for the modalities of return.
The goods must be returned, at the care and expense of the Customer, within 14 days from the date on which the Customer communicated to TERRE IN FIORE its decision to withdraw.
In the case of open and/or partially used products, the right of withdrawal does not apply and TERRE IN FIORE will inform the Customer, by e-mail.
In this case, the Customer may ask the Seller, by e-mail, to return, at its own expense, the purchased products.
Otherwise, the Seller reserves the right to retain both the products and the amount corresponding to the purchase of the products.
TERRE IN FIORE will only accept returns of goods in perfect condition and in their original packaging, accompanied by the relevant purchase invoice or, if missing, the relevant Order Acceptance Receipt.
In the case of service contracts, the withdrawal period ends after 14 days from the day of the conclusion of the contract in the forms referred to in Article 12 above.
Except as provided in the preceding provisions, once obtained the return of the products, TERRE IN FIORE will refund the amount actually paid by the Customer, using the same method of payment chosen by the Customer at the time of purchase.
In the case of payment made by bank transfer, the Customer must notify the Seller of the relevant bank details necessary to make the refund.
Whenever there is no correspondence between the recipient of the products indicated in the Order Form and the person who made the payment of the sums due for their purchase, the refund of the sums arising from the withdrawal will be made by the Seller to the person who made the payment.
The refund of the price paid by the Customer for the purchase of the products shall include shipping costs.
APPLICABLE RULES OF LAW AND PLACE OF JURISDICTION
These General Terms and Conditions of Sale and the Contract shall be governed by Italian law, except as provided in the 1980 Vienna Convention.
Any dispute arising from the application of these Conditions or the Contract shall be subject to the jurisdiction of the Italian courts, in accordance with the provisions of applicable Italian law.