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")
1.1 For the purposes of these general conditions, the following definitions apply (without distinction between singular and plural):
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.
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 Terradice srl 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.
3.1 Whenever the Distance Contract is concluded between Terradice srl 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 Terradice srl, provider of the Products and Services offered for sale on the Website, are the following:
Registered office: Via Colombara 63/a 31037 Loria (TV)
Tax and VAT number: 04980060265
Registered in the Register of Companies (Registro delle Imprese, Treviso, Italy) as no.: TV-415638
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 1916881
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. Terradice srl 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:
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):
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.
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 Terradice srl 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.
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, Terradice srl 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 Terradice srl - 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 Terradice srl - 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 Terradice srl 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.
5.4 If the Client´s request for the purchase order is accepted, Terradice srl 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.
6.1 Terradice srl 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. Terradice srl 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, 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. Terradice srl does not have access to such data and does not view them.
6.3 Terradice srl 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.
7.1 Unless otherwise agreed between the Parties or except where Terradice srl 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 Terradice srl - 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 Terradice srl 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:
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:
In case of damages to the Products under guarantee, the costs for the redelivery/replacement of the Product shall be charged to Terradice srl
7.3 The obligation to deliver shall be performed by Terradice srl, by transferring the stock availability or the Product control to the Customer. If Terradice srl 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 Terradice srl fails to execute the order due to (temporary) unavailability of the requested Product or Service, Terradice srl shall inform the Customer Client as early as possible and ensure:
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. Terradice srl 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 Terradice srl 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 Terradice srl 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.
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) 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 Terradice srl of his/her decision to exercise the right of withdrawal from the Distance Contract. For this purpose the Customer may:
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, Terradice srl 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)
8.6 The integrity of the Product to be given back is an essential condition to exercise the right of withdrawal.
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.
10.1 The exercise of the right of withdrawal shall terminate - in accordance with the established terms and modalities - the obligations of the Parties:
10.2 In case of exercise of the right of withdrawal - in accordance with the specified terms and modalities - Terradice srl 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 Terradice srl 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 Terradice srl 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 Terradice srl 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 Terradice srl 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 Terradice srl or to a third party authorised by Terradice srl 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.
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 Terradice srl 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:
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, Terradice srl may offer the Customer Client any other available remedy, with following effects:
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 Terradice srl, within two months from the date of discovery of the defect.
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 Terradice srl 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:
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 Terradice srl 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 Terradice srl, 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.
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