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 URLwww.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 206 of 6 September 2005 of the Italian Consumer Code (Codice di Consumo), with particular reference to Section II and to 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.


1.1 For 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 legal or natural person (customer or professional, as specified hereinafter) that purchases the products and/or services offered on the Website by agreeing to these General Conditions of Sale;
  3. "Customer": the natural person that acts for for purposes other than eventual business, commercial, handicrafts or professional activities;
  4. "Distance Contract": the contract concerning goods and/or services offered on the Website, to the Customer or Professional, 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 Customer, 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 the Professional transfers or undertakes to transfer ownership of goods to the Customer 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 the Professional provides or undertakes to provide a service to to the Customer that pays or undertakes to pay its price, provided the contracts are concluded at distance;
  5. Parties”: the company Expoplant S.a.S. di Notari Irene & C. and the Client (collectively);
  6. "Product/s": all goods offered for sale on the Website (e.g: herbaceous, shrubby and arboreal plants) and to be purchased through conclusion of the respective Distance Contract;
  7. "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;
  8. "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;
  9. "Website": collectivelyit is the website expoplant.com owned by Expoplant S.a.S. di Notari Irene & C., or other websites and platforms attributable to it, that offer the possibility to conclude a Distance Contract;
  10. "Means of distance communication": any means which, without the simultaneous physical presence of Expoplant S.a.S. di Notari Irene & C. and of the Customer, my be used for the conclusion of a contract between the mentioned parties, including the Website.


1.2 The regulations specifically envisaged for the purpose of safeguarding the Customer, do not apply to Clients that are represented by Professionals that may not benefit from the particular rights and terms provided by means of these General Conditions in favour of the Customer, with exception to other conditions applicable.


  1. SUBJECT.


2.1 These General Conditions of Sale govern the Distance Contracts concluded by using means of distance communication (including the online 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.



  1. CUSTOMER INFORMATION.

 

3.1 Whenever the Distance Contract is concluded between Expoplant S.a.S. di Notari Irene & C. and a Client Customer, following mandatory informations must be communicated, in accordance with article 49 of the Italian Consumer Code:


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 3.5., letter (a), is where the customer may address the complaints - in accordance with article 49 (1), letter(d) of the Italian Consumer Code.


3.3 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. 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 to be paid by the Client, depending on the case (the Customer shall be informed in accordance with Article 57 of the Italian Consumer Code, that he/she is to be charged for returning the Products in case of withdrawal in compliance with the subsequent section 8);
  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 With reference to the right of withdrawal, see the following sections 8, 9, 10 and 11.


3.5 In addition to the mandatory informations laid down above, following informations are communicated, by means of the Italian Consumer Code, as well as to the Italian Legislative Decree No. 70/2003, in favour of both Clients Customers and Clients that are no Customers (legal persons and Professionals):


  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.


3.6 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 Clients Customers, in accordance with article 51 of the Italian Consumer Code.



  1. INFORMATIONS CONCERNING THE CONCLUSION OF THE DISTANCE CONTRACT


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 at any moment 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 request for the purchase order and until 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 12.


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.



  1. CONCLUSION OF THE DISTANCE CONTRACT


5.1 Article 51 (2) of the Italian Consumer Code provides that, in case a Distance Contract that must be concluded through electronic means implies the obligation of the Customer to pay, the Professional is obliged communicate in a clear and prominent manner all informations laid down in article 3 (see above), directly prior to the despatch of the order by the Customer.  Furthermore, in accordance to this section, Expoplant S.a.S. di Notari Irene & C. responds to the obligation to guarantee that, at the moment of the despatch of the order, the Customer explicitly recognises that the purchase request - if confirmed by Expoplant S.a.S. di Notari Irene & C. - implies the obligation to pay the determined price and all specified costs.


5.2 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.


5.3 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.


5.4 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.


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


  1. ACCEPTED PAYMENT METHODS


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.



  1. CONCLUSION OF THE DISTANCE CONTRACT


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 5.4. and 5.5. of the given General Conditions.


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


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


  1. 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.


7.3 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 Customer.  If Expoplant S.a.S. di Notari Irene & C. fails to fulfil the obligation to deliver the Products within the agreed time limit, the Customer 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 Customer is entitled to terminate the Distance Contract.


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 . The Italian Consumer Code provides that, if there is no possibility to calculate the shipping costs reasonably in advance, it is mandatory to provide the information that such expenses may be charged to the Customer, as laid down in this section.


In accordance with article 51 (3) the Client shall be informed that no delivery restrictions are foreseen.


7.5 In case Expoplant S.a.S. di Notari Irene & C. fails to execute the order due to (temporary) unavailability of the requested Product or Service, Expoplant S.a.S. di Notari Irene & C. shall inform the Customer Client as early as possible and ensure:


  1. to carry out a delivery different from the one agreed to, matching or exceeding its quality, provided the Customer Client explicitly agrees to it in response to Expoplant´s communication regarding the unavailability of the requested Product or Service;
  2. the reimbursement of all eventually already paid delivery expenses, in case the Customer Client refuses to accept a delivery different from the one he/she agreed to, that matches or exceeds its quality - however without prejudice to the following sections 7.6., 7.7., and 7.8.


7.6 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.


7.7 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.


7.8 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.


  1. RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT


8.1 Only Clients represented by customers may benefit from the right of withdrawal in accordance with the conditions and modalities laid down below (consequently Clients represented by natural persons/Professionals and/or legal persons are to be excluded; this line of clients are thus not allowed to benefit from any right or faculty resulting from a valid exercise of the right of withdrawal).


8.2 Whenever the Products match to plants that are not the result of applied techniques of customization and/or a grafting process specifically requested by the Customer Client or to plants or arboreal products which are liable to deteriorate rapidly (eg: drying out), the Customer Client shall have a period of 14 days to withdraw from the Distance Contract, without giving any reason, incurring any liability whatsoever and without incurring any costs other than those provided in the following section 9 of these General Conditions of Sale ("Exclusion of the right of withdrawal")


8.3 The withdrawal period referred to in section 8.2 shall end within 14 days following:


  1. a) with reference to the Services, the day of the conclusion of the Distance Contract;


  1. b) with reference to the Products, the day in which the Customer or a third party, different from the carrier and designated by the Customer, acquires physical possession of the goods or:


1) with reference to multiple products ordered by the Customer with only one order, and delivered separately, the day in which the Customer or a third party, different from the carrier and designated by the Customer, acquires physical possession of the last Product;


2) with reference to the delivery of only one product consisting of multiple lots or pieces, the day in which the Customer or a third party, different from the carrier and designated by the Customer, acquires physical possession of the last lot or piece.


8.4 Before expiry of the period of withdrawal, the Customer shall inform Expoplant S.a.S. di Notari Irene & C. of his/her decision to exercise the right of withdrawal from the Distance Contract. For this purpose the Customer may:


  1. a) use the model withdrawal form referred to in article 8.5 (which is not obligatory);
  2. b) make any other unequivocal statement setting out his/her decision to withdraw from the Distance Contract, by forwarding it without burden of formalities to any of the addresses referred to in article 3.2 of these General Conditions of Sale.


The Customer´s right of withdrawal shall be understood as exercised, if the Customer despatches the information regarding the exercise of the right of withdrawal prior to the expiry of the withdrawal period.  In these cases, Expoplant S.a.S. di Notari Irene & C. shall forward a confirmation of receipt of the withdrawal to the Customer, by means of a durable medium (corresponding to an indicated email account email address). The burden of proof of exercising the right of withdrawal in accordance with this article shall be on the consumer.


8.5 The model withdrawal for shall contain following information:


- Recipient [name, office address and, if available, phone and fax number and the email addresses shall be provided by the Professional]:


- I/We (*) hereby give notice that I/we withdraw from my/our (*) contract of sale of the following goods/services (*)


- Ordered on (*)/received on (*)


- Name of the Customer/s


- Address of the Customer/s


- Signature of the Consumer/s (only if this form is notified on paper)


- Date


8.6 The integrity of the Product to be given back is an essential condition to exercise the right of withdrawal.



  1. EXCLUSION OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT


9.1 The Customer Client may not exercise the right of withdrawal provided in the section 8, if the Distance Contract concerning clearly personalized Products (e.g: particular arboreal grafting or plants requested by the Customer Client) or highly perishable Products subject to fast deterioration, considering the timing of exercising the right of withdrawal.  In such cases the right of withdrawal is excluded according to Article 59 (1), letter (c) and (d) of the Italian Consumer Code.


  1. EFFECTS OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT. OBLIGATIONS OF THE PARTIES.


10.1 The exercise of the right of withdrawal shall terminate - in accordance with the established terms and modalities - the obligations of the Parties:


  1. a) to fulfil the Distance Contract, if such a contract has been concluded; or


  1. b) to conclude the Contract where the withdrawal occurs after the despatch of the order request sent by the Consumer and prior to the confirmation of the request by Expoplant S.a.S. di Notari Irene & C.


10.2 In case of exercise of the right of withdrawal - in accordance with the specified terms and modalities - Expoplant S.a.S. di Notari Irene & C. shall reimburse to the Consumer all payments received by him/her, eventually including delivery costs, without undue delay and within 14 days from the day on which Expoplant S.a.S. di Notari Irene & C. is informed by the Consumer about his/her decision to withdraw from the contract.  The expenses are to be considered reimbursed, where they are actually returned, sent or reaccredited within the already indicated expiry date.


10.3 Expoplant S.a.S. di Notari Irene & C. shall reimburse the amounts to the Consumer by using the same form of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise. The Consumer must bear no costs as a result of such reimbursement.


10.4 Expoplant S.a.S. di Notari Irene & C. shall not be obliged to reimburse additional costs, where the Consumer expressly selected a form of delivery different from the least expensive method offered on the Website, nor any amount resulting from customs charges - where envisaged - in accordance with sections 7.6 and 7.7.


10.5 Expoplant S.a.S. di Notari Irene & C. may withhold the reimbursement until receipt of the returned Products or until the Consumer does not supply evidence of having sent back the the Products, whichever is the earliest.


10.6 The Consumer shall return the Products or deliver them to Expoplant S.a.S. di Notari Irene & C. or to a third party authorised by Expoplant S.a.S. di Notari Irene & C. to receive the Products, without undue delay and within 14 days from the day in which the Consumer has expressed the decision to withdraw from the Distance Contract. The time limit is to be considered complied with, if the Consumer sends back the Products before the period of 14 days has expired.  The Customer shall only bear the direct cost of returning the Products.  The integrity of the Product to be given back is an essential condition to exercise the right of withdrawal. The Products shall thus be returned in an intact state of conservation and with the original (not removed) labels - if given -, and in the same condition as they were received, with the original packaging and all attached manuals.  The Products shall be accurately packed, for the purpose of protect the original packaging from damages, writings or labels.




  1. WARRANTY ON PRODUCTS TO THE ADVANTAGE OF THE CONSUMER.


11.1 Only in the cases where the Distance Contract is concluded with a Customer Client, and where the purchased Product does not comply with the agreements laid down in the Distance Contract and with the provisions of article 129 of the Italian Consumer Code, the Customer Client may benefit from following warranty rights.


11.2 In accordance with article 49 (1), letter (n) of the Italian Consumer Code, following information concerning the legal warranty for the conformity of goods, is communicated to the Client.


11.3 In case of nonconformity of the Product, the Customer Client shall have the right to have the goods brought into conformity, free of charge by replacement or by appropriate reduction of the price or by having the contract terminated.

The Customer Client may choose to ask Expoplant S.a.S. di Notari Irene & C. to replace the good free of charge (the costs relate to shipping expenses and costs of materials).


11.4 The Costumer Client may choose to request an appropriate price reduction or the rescission of the Distance Contract where one of the following situations occurs:


  1. a) the replacement is excessively onerous;
  2. b) Expoplant S.a.S. di Notari Irene & C. has not replaced the goods within s reasonable period of time, taking under account the nature of the good or the purpose for which the Customer required the good;
  3. c) the replacement carried out previously have caused significant inconvenience to the Customer.


When determining the amount of reduction or the reimbursement amount, account will be taken of the use of the Product.


11.5 After the complaint of nonconformity, Expoplant S.a.S. di Notari Irene & C. may offer the Customer Client any other available remedy, with following effects:


  1. a) if the Customer Client has already requested particular measures of remedy, Expoplant S.a.S. di Notari Irene & C. shall implement them, unless the Customer Client agrees to an alternative remedy proposed by Expoplant S.a.S. di Notari Irene & C.;
  2. b) if the Customer Client has already requested particular measures of remedy, he/she shall agree the proposal or reject it by selecting another remedy in compliance with this section 11.


11.6 A lack of conformity to a minor extent for which it is not possible, or it is excessively onerous to implement measures of remedy, repair or replacement, does not entitle to terminate the Distance Contract.


11.7 The Customer Client lapses from the rights provided in this section, where he/she fails to report the lack of conformity of the Product, to Expoplant S.a.S. di Notari Irene & C., within two months from the date of discovery of the defect.  



  1. APPLICABLE LAW AND COMPETENT COURT.


12.1 The Distance Contract has been drafted and will be construed in accordance with the laws of the Italian Republic.


12.2 With reference to civil disputes resulting from the Distance Contract, the local jurisdiction shall be determined by reference to the place of the residence or domicile of the Consumer, if within the territory of the Italian State.


12.3 Any disputes between Expoplant S.a.S. di Notari Irene & C. and the Client in relation to this General Conditions for 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.


12.4 Where some 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.


12.5 With reference to any other eventual schemes available for dispute settlement, it is communicated to the Client that alternative procedures are not foreseen by Expoplant S.a.S. di Notari Irene & C., in accordance to articles 141 et seq. of the Italian Consumer Code (Part V, Title II "Out-of-court settlement of consumer disputes"/"Risoluzione extragiudiziale delle controversie").

With reference to alternative procedures for the settlement of disputes, it is to be communicated that from the 15 February 2016 a web platform of the EU is available, concerning out-of court settlements of disputes regarding online purchases (hereinafter "Platform"), provided in the Regulation (UE) No 524/2013 (hereinafter "Regulation").  Such alternative procedure for the settlement of disputes may be enabled by a Consumer that is a Party of contracts of sale of goods and/or of online service provisioning.  The online contract shall be binding for a Consumer with residence in the European Union and a supplier established in the EU.  In some countries (actually only in Belgium, Poland, Germany and Luxembourg) also the supplier may request the activation of the procedure of out-of-court settlement of disputes, by acting against a Consumer.

In accordance with Article 14 of the Regulation, the suppliers established in the EU, that operate through contracts of sale of goods or contract of online service provisioning, are obliged to indicate a link to the Platform, providing it in their own websites.  Click here to comply with this obligation and access the Platform.  It is communicated that the link to the Platform is provided for information only, to the Consumer.



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

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