EXPOPLANT - Vendita e acquisto online di piante, arbusti, rose, semi e molto altro

Expoplant è il marketplace dedicato agli operatori, agli specialisti e agli appassionati di piante erbacee, arbustive ed arboree.

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General Condition of online sale

Legal notice.

 

These General Conditions govern the distance sale through the website accessible through the URL   www.expoplant.com   (hereinafter “Website”) of goods and services offered through catalogues and/or at the clients´ request.  These General Conditions of Sale are formulated in accordance with the Italian Legislative Decree No 70 of 9 April 2003, transposing the European Directive on Information Society Services (the so called "E-Commerce Directive")

 

  1. DEFINITIONS.
  2.  

    1.1For the purposes of these general conditions the following definitions apply (without distinction between singular and plural):

    1. Expoplant S.a.s. di Notari Irene & C.:   the operator of the Website´s   marketplace   and the provider - also on behalf of third parties (e.g. wholesalers, producers, garden centres, retailers, gardener etc.) - of products and services offered for sale through the Website, or its intermediaries, licensees, suppliers, wholesalers, professionals, retailers, authorised franchises or any other natural or legal person authorised that identifies the products or services offered for sale on the Website with a trademark or another distinctive sign  authorised by Expoplant S.a.S. di Notari Irene & C., and that is to be considered a licensee insofar as he/she is a retailer and/or an authorised seller;
    2. “Client´”: the only natural or legal person or professional (apart from the consumer) like for example wholesalers or gardeners owning a subscription to the Website, and that purchase the products and/or services provided on the Website through accepting these General Conditions of Sale;
    3. “Distance contract”:   the contract concerning goods and/or services offered on the Website, to the Client under an organised distance sales or service-provision scheme and without the physical presence of Expoplant S.a.S. di Notari Irene & C. and the Client, using exclusively one or more means of distance communication, for the purpose of concluding the contract,and  including the conclusion of the contract; including   "contract of sale"   - i.e. any contract based on which Expoplant transfers or undertakes to transfer ownership of goods to the Client that pays or undertakes to pay its price, and including contracts concerning both goods and services - and including   "service contracts",   i.e. any contract different from a contract of sale based on which Expoplant provides or undertakes to provide a service to to the Client that pays or undertakes to pay its price, provided the contracts are concluded at distance;
    4. “Parties”:   the company Expoplant S.a.S. di Notari Irene & C. and the Client (collectively);
    5. “Product/s”:   all goods offered for sale on the Website (e.g.:   herbaceous, shrubby and arboreal plants) that offers the purchase of the goods through conclusion of the respective distance contract;
    6. “Professional”:   natural or legal persons (e.g. gardeners, producers, garden centres, wholesale traders and retailers, gardeners, architects, engineers, landscape designers, designer, agronomists, designers of green areas etc.) acting in the exercise of their own business, trade, profession or artisanal activities, or their intermediaries;
    7. Service/s”:   any services offered currently or in the future on the Website (e.g. services for green area design), that can be purchased through concluding the respective distance contract;
    8. "Website”:   collectively,   it is the website expoplant.com owned by Expoplant S.a.S. di Notari Irene & C., or other websites and platform attributable to it, that offer the possibility to conclude a Distance Contract;
    9. “Means of distance communication ”:   any means which, without the simultaneous physical presence of Expoplant S.a.S. di Notari Irene & C. and of the Professional, my be used for the conclusion of a contract between the mentioned parties, including the Website.

     

    1.2   These General Conditions of Sale shall apply only to clients represented by Professionals and do not apply to sale relationships and/or Distance Contracts concluded with private parties represented by consumers.

     

  3. SUBJECT.
  4.  

    2.1   These General Conditions of Sale govern the Distance Contracts concluded by using means of distance communication (including the   on-line modality through the Website) between Expoplant S.a.S. di Notari Irene & C.  and the Clients, concerning the Products and/or Services offered for sale.

     

    2.2   The Distance Contract is governed by the current version of the General Conditions of Sale, in force at the moment of the order submission by the Client.

     

    2.3   The online buying process relative to the purchase of Products and/or Services and the conclusion of respective Distance Contracts are subject to prior acceptance of these General Conditions of Sale and to the registration by the purchasing Client.



  5. CUSTOMER INFORMATION.
  6.  

    3.1   In accordance with article 7 of the Italian Legislative Decree (d.lgs.)  No 70/2003, the following mandatory informations are communicated:

     

    3.2   The identity, the registered office and contact details of Expoplant S.a.S. di Notari Irene & C., provider of the Products and Services offered for sale on the Website, are the following:

     

    Expoplant S.a.s. di Notari Irene & C.

    Registered office: Piazza Europa Unita n. 18/b - 31033 Castelfranco Veneto (TV)

    Tax and VAT number: 04771310267

    Registered in the Register of Companies (Registro delle Imprese, Treviso, Italy) as no.: TV-376822

    Fully paid-up share capital: Euro 12.000,00 €, from which the amount of capital actually paid equals Euro 0.

    Tel. +39 (0) 423 485581

    Fax. Tel. (39) 0423 485581

    Email:   info@expoplant.com

    PEC:   expoplant@pec.it

     

    The registered office and the addresses laid down in article 3.4., letter (a), is where the customer may address the complaints.

     

    3.3   Le The characteristics essential to the Products and Services are published in the respective product sheets - including pictures/photographs - on the Website and are accessible by the Client prior to submitting the purchase offer. Expoplant S.a.S. di Notari Irene & C. reserves the right to modify/update the technical and dimensional informations of the Products in the catalogue, even without prior notice.  The sheets are however provided and/or uploaded also by a third supplier on whose behalf Expoplant S.a.S. di Notari Irene & C. carries out the sale.  These sheets or web publishing pages contain also following informations relevant to the buying process:

     

    1. The availability and the price, including all taxes and charges requested from the Client;
    2. additional expenses and shipping costs, depending on the shipping and delivery method offered on the Website and selected by the Client, and other eventual additional costs requested from the Client depending on the case;
    3. methods of payment, of delivery of the goods or methods of carrying out the service;
    4. the duration of validity of the various offers and of the prices (included promotional, special sales and/or discounts);
    5. the methods of payment, delivery and execution, the date by which Expoplant S.a.S. di Notari Irene & C. undertakes to deliver the Products or carry out the Services and, if necessary, complaint handling.

     

    3.4 In addition to the mandatory information laid down above, following information is communicated, by means of the Italian Legislative Decree No. 70/2003:

     

    1. with regard to the reference details allowing to contact rapidly Expoplant S.a.S. di Notari Irene & C. and communicate  directly and effectively, following details, including phone number, fax number and electronic mail, are to be laid down: Tel. +39 (0) 423 485581 - Fax. (39) 0423 485581 - Email:   info@expoplant.com   - PEC:   expoplant@pec.it
    2. Registered in the Register of Companies (Registro delle Imprese di Treviso, Italy) as no.: TV-376822.

     

    3.5   These General Conditions of Online Sale and the article 3 laid down above, are intended as information in relation to a long-term service provided for the Client, in accordance with article 13 (3) of the Italian Legislative Decree No. 70/2003.



  7. INFORMATION CONCERNING THE CONCLUSION OF THE DISTANCE CONTRACT
  8.  

    4.1   Article 11 of the Italian Legislative Decree No. 70/2003 requires from any provider of goods and/or services disclosure towards the Client, regarding specific information in relation to the conclusion of the distance contract. Therefore Expoplant S.a.S. di Notari Irene & C. fulfils the obligations of disclosure owed to clients.

     

    4.2   With regard to the various technical steps to be followed during the conclusion-phase of the subscription contract, the user may benefit from the guidelines on the Website, that enable the Client to verify and validate each submitted information and to correct eventual errors prior to the submission of the electronic form containing the proposal for the purchase order and to the conclusion of the Distance Contract.

     

    4.3   The Distance Contract shall be stored after its conclusion. The Client shall then view the text in the own personal interface and shall receive an email containing a summary of the purchase and of the therefore concluded Distance Contract.

    4.4   With regard to the technical functions provided to the Client for identifying and correcting input errors prior to the placing of the order, the system requests a confirmation of the correctness of the inserted data prior to the conclusion of the Distance Contract and automatically reports eventual errors, if the user fails to complete mandatory fields during the process of the online order-placing.

     

    4.5   Italian is the only language offered for the conclusion of the contract.

     

    4.6   With regard to functions offered for notifying complaints, see point 9.

     

    4.7   The clauses and general conditions of the contract provided to the Client, are and shall remain available: storing and reproducing is possible any time through saving the website or using the copy/paste function.  Furthermore, the email with the order confirmation contains an attachment with the General Conditions of Sale or a link connecting the Client directly to a page that enables to view and print the conditions.



  9. CONCLUSION OF THE DISTANCE CONTRACT
  10.  

    5.1   By submitting an order request, the Client offers to purchase a Product or a Service. The despatch of the order does not bound in any way Expoplant S.a.S. di Notari Irene & C. - unless otherwise provided on the Website - nor may the online offer of the Products or Services be understood as a proposal to the public, in accordance with article 1336 of the Italian Civil Code ( Codice Civile ). Only if Expoplant S.a.S. di Notari Irene & C. accepts - specifically and explicitly by email sent to the Client - the purchase order request received from this Client, the Distance Contract shall be understood as concluded.

     

    5.2   Prior to the despatch of an order request, the Clients are encouraged to ensure that they have read and understood the guidelines provided during the process of submitting the purchase order request, and the General Conditions of Sale, as they have binding force from the moment of the conclusion of the Distance Contract, by means of the acceptance of the purchase order request, by Expoplant S.a.S. di Notari Irene & C.  In order to purchase Products, the Client shall fill out and submit form containing the order request, in electronic form and in accordance with the guidelines laid down in the Website. The Client shall add the Product to the respective "cart" and, after having read and accepted the General Conditions and after having read the Privacy Policy, the Client shall select the desired form of payment and proceed.  If the Client needs to correct eventual errors in data entry, he/she shall do so based on the amendment procedure envisaged on the Website, prior to submitting the own order request. In particular, the Client may change the number of Products he/she intends to purchase, by adding or cancelling one or more Products to or from the "cart". In the product catalogue published on the Website, the availability of the Products is updated in real time due to the possibility of access and submitting online orders. Therefore Expoplant S.a.S. di Notari Irene & C. does not guarantee the certainty of assignment of the ordered Product. By submission of the order request to Expoplant S.a.S. di Notari Irene & C., the Client acknowledges and declares to have read all the instructions provided during the purchase procedure and to be aware that the submission of the purchase-order request - if accepted by Expoplant S.a.S. di Notari Irene & C. - will include the obligation to pay and to fully accept these General Conditions of Sale. Should any individual components of the order confirmation sent by Expoplant S.a.S. di Notari Irene & C. to the Client, differ from the orders or agreements, the Client may contest such differences by sending a registered letter within ten days following the date of receipt of the confirmation. If the Client fails to contest, he/she shall be obliged to accept the confirmation as it is.  With conclusion of the Distance Contract Expoplant S.a.S. di Notari Irene & C. shall issue the respective invoice and send it with the ordered Product.  This document is the only documentary proof ensuring the exercise of the rights to warranty relative to the sold Products.

     

    5.3   If the Client´s request for the purchase order is accepted, Expoplant S.a.S. di Notari Irene & C. acknowledges receipt of the received order by forwarding the own final acknowledgement and order confirmation to the email address specified by the Client during the process of registration to the Website. This acknowledgement and order confirmation contains - as provided for in the applicable regulation - a summary of the general and particular conditions of the concluded distance contract, informations in respect to the characteristics essential to the goods and services, and detailed information about the price, the forms of payment, the withdrawal, if applicable, of the shipping costs and of applicable fees.

     

    5.4   The order and the receipt are to be understood as received, if the receiving parties have the possibility to access them.

     

  11. ACCEPTED PAYMENT METHODS
  12.  

    6.1   Expoplant S.a.S. di Notari Irene & C. accepts only following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer. The amount of the order is charged on the date of the order confirmation. The recipient of the order paid with the credit card shall be the holder of the used credit card. Expoplant S.a.S. di Notari Irene & C. reserves the right to request from the Client a copy of a valid identity document forwarded by fax, in order to verify the ownership.

     

    6.2   The card details are handled directly by PayPal and by the X-Pay platform of CartaSí, specialised in the management of online payments.  All details are encrypted through the use of 128-bit cryptographic keys (SSL) and subsequently submitted to the bank, which prevents them being accessed by unauthorized third parties. Expoplant S.a.S. di Notari Irene & C. does not have access to such data and does not view them.

     

    6.3   Expoplant S.a.S. di Notari Irene & C. reserves the right to verify whether the conditions of this clause are met, by requesting from the banking institution issuing the (credit) card, the verification of the genuineness of this card´s ownership. In these cases the terms for the execution of the order shall commence on the date of the bank´s positive verification, if such verification has taken place.



  13. CONCLUSION OF THE DISTANCE CONTRACT
  14.  

    7.1   Unless otherwise agreed between the Parties or except where Expoplant S.a.S. di Notari Irene & C informs - with sufficient notice - the Client about different time frames relative to the delivery and the execution of the concluded Distance Contract, based on the availability of the Product or the Service or on specific requests from the Client, that involve a particular timing for the execution, the delivery and execution of the accepted order proposal - and without prejudice to the cases envisaged within the following section 7.6., that may not be considered as extension of the delivery periods imputable to Expoplant S.a.S. di Notari Irene & C. - the Distance Contract concluded in accordance with these General Conditions shall be executed within a maximum of thirty days following the day of the despatch of the confirmation by Expoplant S.a.S. di Notari Irene & C. to the Client, in accordance with the Articles 5.3. and 5.4. of the given General Conditions.

     

    7.3   The obligation to deliver shall be performed by Expoplant S.a.S. di Notari Irene & C., by transferring the stock availability or the Product control to the Client.  If Expoplant S.a.S. di Notari Irene & C. fails to fulfil the obligation to deliver the Products within the agreed time limit, the Client shall call upon Expoplant to make the delivery within an additional period of time appropriate to the circumstances.  If the Products are not delivered within this additional period granted, the Client is entitled to terminate the Distance Contract.

     

    7.2   As soon as the courier or the freight forwarder makes the delivery, the Client is obliged to verify:

     

    That the package is intact, not damaged or wet and however, complies with the standard characteristics.

     

    That the number of parcels (packages) indicated on the invoice corresponds to the number actually delivered.

     

    Any eventual complaints shall be immediately made to the carrier, otherwise the Product is to be considered as correctly delivered.  The invoice, contained inside an envelope attached  to the outside of the package, or delivered by the carrier shall be kept.

     

    If clear damage to the package is visible in the moment of the delivery, the Client is obliged to:

     

    1. Express a reservation or the package may be accepted with following notice written prior to the signing of the shipping document " I accept with reservation ". In case of a damage to the Product visualised after opening the package, the guarantee may be immediately mobilised.

     

    1. Reject the damaged goods, if there is no possibility of accepting the package with reservation or, if the damage is visible without opening the package.

     

    In case of damages to the Products under guarantee, the costs for the redelivery/replacement of the Product shall be charged to Expoplant S.a.S. di Notari Irene & C.

     

    7.4.   The additional costs (in respect to the price of the Product, displayed on the Website as total amount  and inclusive of fees, and exclusive of shipping, delivery or other costs charged to the Client - based on the indications on the Website - are charged to the Client and are due to shipping, delivery or mailing costs or to other types of costs, if envisaged (e.g: additional costs for eventual insurance cover requested by the Client for the delivery of a particular Product). With regard to the shipping costs, following information is communicated: The shipping may be carried out by the supplier of the Product - or through carriers and/or couriers -. The supplier may be the same wholesaler that offers for sale the goods through the   marketplace   on the Website). In this case the Website may contain information concerning the maximum amount of km that the Wholesaler is willing to travel in order to deliver the products with own vehicles, and the concerning the costs corresponding to the distances, indicated by the Wholesaler. When the Client views the Products offered on the Website, an automatic calculation mechanism available on the Website, calculates automatically the distance, providing the exact total amount of the shipping costs.   If the distance exceeds the maximum limit of km indicated, a price range for the shipping costs and a feature (to receive - also after the purchase - a detailed quotation for the shipping costs) shall be visualised .

     

    7.5   If a Client requests the shipping and the delivery to a country other than Italy - provided that such option is available on the Website -, as soon as the purchased Products reaches the country, it may be subject to customs charges (e.g: taxes, fees, duties, commissions etc.), borne by the Client.  Expoplant S.a.S. di Notari Irene & C. is not liable for these custom charges and is not obliged to control the respective amounts.  The Client is therefore obliged to priorly verify the costs of such not predeterminable eventual charges.  This is why Expoplant S.a.S. di Notari Irene & C. suggest to the Client to verify - prior to the despatch of any purchase order request - eventual charges of this kind by contacting the proper customs offices of the country where the delivery of the Products should take place, in order to receive detailed information in relation to this subject.

     

    7.6   If the Client rejects the purchased Product at the time of its delivery or if the Client refuses to pay the respective customs charges (in respect to the delivery in the Client´s country, as well as in respect to the charges that shall be borne in percentage by Expoplant S.a.S. di Notari Irene & C. on behalf of the customs agents and for the purpose of redelivery to of the Product/s to Italy), all costs relative to the unpaid customs charges shall be borne by the Client.

     

    7.7   The customs procedures may cause delays in the delivery of the Product.  In case of a delay, the Client is encouraged to perform the appropriate checks at the proper customs offices.  The invoice for the customs charges may arrive one week after receipt of the Product by the Client.

     

  15. EXCLUSION OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT
  16.  

    8.1   The Client may not exercise the right of withdrawal from the Distance Contract.

     

  17. APPLICABLE LAW AND COMPETENT COURT.
  18. 9.1   The Distance Contract has been drafted and will be construed in accordance with the laws of the Italian Republic.

     

    9.2   Any disputes between Expoplant S.a.S. di Notari Irene & C. and the Client in relation to this General Conditions of Sale are reserved to the territorial and exclusive jurisdiction of the Court of Treviso, subject to the limits laid down below:

     

    • the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 concerning the law applicable to contractual obligations (commonly known as the "Rome I" Regulation) which governs the identification of the applicable law in case of conflicts of law relating to civil and commercial contractual obligations;
    • the Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 concerning the law applicable to contractual obligations (commonly known as the "Rome II" Regulation) which entered into force on 11 January 2009 and governs the identification of the applicable law in case of conflicts of law relating to civil and commercial non-contractual obligations;
    • the Regulation (EC) No 44/2000 of the Council of 22 December 2000 concerning judicial competence.

     

    9.3   Where certain provisions of the General Conditions of Sale are deemed invalid or inapplicable, the same will still be interpreted in such way as to reflect the common intention of Expoplant S.a.S. di Notari Irene & C. and its Clients, according to the remaining provisions.

     

    9.4   With reference to any other eventual schemes available for dispute settlement and in accordance with article 12 (1), letter f of the Italian Legislative Decree 70/2003, the information is provided that alternative procedures are not foreseen .


© Expoplant S.a.S. di Notari Irene & C. 2016. All rights reserved.

 

 

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