GENERAL TERMS AND CONDITIONS OF USE AND SALE
GENERAL TERMS AND CONDITIONS OF USE
These pages, their content, their structure and the information transmitted through this website are owned, managed and offered by Via dell’Orto and they are ruled by general terms and conditions below.
Art. 1 – DEFINITION
The words “the company”, “we”, “us” and “our” are referred to Via dell’Orto Srl (fiscal code and Vat number 02027710504), registered in Strada Comunale di Roglio,12, 56033 Capannoli PI, phone number 0587 628281; e-mail: [email protected]; pec [email protected]
The online “platform”, named “Via dell’Orto” visible by clicking on www.viadellorto.it – where products and services are provided – is under the ownership and control of Via dell’Orto Srl and managed, maintained, controlled by it.
“Products”: are consumer goods of any kind sold on “Via dell’Orto” website.
“Services”: are receptive, restorative, touristic services that can be consulted, ordered, supplied, booked, combined and consumed by the final costumer.
“User” or “Buyer”: is the person who purchase goods and services provided by the partner on the website. The user is considered a consumer when the natural person buys the online goods for his own purposes that are not related to any business, commercial, craft or professional activity and this general conditions are fully applicable. The other users that are registered as companies or professionals (owners of VAT number) are named “professionals” who therefore act for purposes related to their professional activity, only the general sales conditions can be applied that do not concern exclusively the consumer.
“Forwarder”, “courier” or “carrier”: is the legal entity responsible for delivering the goods to the consumer.
Art. 2 – NATURE AND PURPOSE OF THE SERVICE
2.1 The company buys products from third parties to sell them through the online platform named “Via dell’Orto” visible by clicking on www.viadellorto.it.
Art. 3 – PRIVACY AND COOKIES
4.1 The user agrees to receive e-mails, communications aimed at the implementation of this contract, by making a purchase or a reservation on the platform. E-mails can also be used to provide information of any kind, regardless of the conclusion of the contract. In case of the user does not wish to receive advertising communications from the company, he must change his settings following the procedure indicated on the privacy and cookies policy page.
4.2 In order to complete the purchase/reservation successfully, or in order to have a better use of the platform, it is necessary to provide a valid e-mail address. We are not responsible for non-existent or incorrect phone numbers (mobile phone), or e-mails addresses, nor are we obliged to verify their existence or correctness.
Art. 5 – RESPONSIBILITY AND LIMITATIONS
5.1 Without prejudice to limitations and clarifications indicated in the cases provided by these terms and conditions, we will be held liable only for the direct and immediate damages actually suffered, due to failure to comply with the obligations assumed by the company in the implementation of obligations assumed with these general conditions.
5.2 Society undertakes the access to the platform without interruptions and errors. However, due to the nature of the internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. The access to Via dell’Orto platform may occasionally be interrupted, suspended or limited to allow repair work, maintenance or the introduction of new activities or services. We will try to limit the frequency and duration of these suspensions and limitations.
5.3 The company is not responsible for third-party failures that affect the functioning of the telematic services, including, for example, speed slowdowns or the failure of traffic to and from consumers or partners. Furthermore, due to the specific structure of the internet network, in which many entities are involved, no guarantee can be offered regarding the constant availability of services. The company will not be responsible for damages deriving from the loss of data or from the impossibility of accessing the internet caused by, or resulting from delays cancelled transmissions or service interruptions. For the same reason, the company is not responsible for errors and/or threats and/or bugs that could occur during the use of the platform. Furthermore, even if the company try its best to protect its online systems and the data contained in it, the company is not responsible for violations of its own systems relating to specific and/or generic attacks carried out by third parties or for the interruption of the services due to causes like sabotage, fires, floods, earthquakes, strikes, faulty operation resulting from the incorrect operation of telephone, electricity and worldwide or national networks such as faults and overloads interruptions.
Art. 6 – REVIEWS
6.1 It is allowed to publish reviews, comments, suggestions and ideas as long as their content is not illicit, obscene, pornographic, abusive, intimidatory, defamatory, does not violate the privacy, the intellectual ownership rights or otherwise not abuse to the company, the partners or third parties or do not contain viruses, political propaganda, commercial advertisement and/or any other form of spamming. The company reserves the right to remove or modify this limit at any time and without notice. If the user considers that a content published on the platform contains a defamatory declaration or that an intellectual ownership right has been violated, he can contact us directly by email at: [email protected]
6.2 If the user decides to send content or reviews, he declares to be the owner of the copyrights and grants the company both the free non-exclusive and transferable right to third parties to use, reproduce, modify, adapt, publish, translate, distribute and show all over the world these contents and his name provided by him through any mean of communication.
6.3 Without prejudice to cases where any liability is attributable to the failure of removing illegal content following a report, the user undertakes to indemnify the company from all legal actions against it, deriving or connected with the content and materials provided by the user.
Art. 7 – THE ACCOUNT
7.1 It is possible to place an order or a reservation even if not registered. If the user uses the platform www.viadellorto.it as a registered customer, he is required to keep secret the account and password, and to control the access to the computer and his devices, and he agrees to be responsible for all activities that will be carried out with his account and password, within the limits permitted by the applicable legal provision. He undertakes to take all necessary precautions to ensure that his password remains secure and secret and to inform us immediately if he has reason to believe that any third party is aware of your password, or if your password is or is going to be used in an unauthorized way. He is required to ensure that the provided data is correct and complete and to notify us immediately of any change of the information. He can access and update most of the provided information in the “reserved area” of the web site.
It is expressly forbidden for the user to use untruthful or third parties data in the registration action and to make multiple registrations corresponding to the same person. The user relieves Via dell’Orto from any liability deriving from the issuance of incorrect tax documents due to errors in the data supplied by the user, being him solely responsible for the correct insertion.
7.2 He will not have to use the Via dell’Orto platform: (a) in such way as to cause, or be able to cause, interruptions, damages or malfunctions to its functions, or (b) for fraudulent purposes, or otherwise to commit illegal activities, or (c) to cause disturbance, prejudice or apprehension.
7.3 We reserve the right to prevent access to the website and/or to the Via dell’Orto platform, to suspend or terminate an account, to remove or modify the contents of the website at our discretion in the event of violation of the applicable legal provisions and of these general conditions of use.
Art. 8 – INTELLECTUAL PROPERTY AND TRADEMARKS
8.1 All existing and available contents on Via dell’Orto platform in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software are under the ownership of the company that owns all the intellectual ownership rights concerning the graphic appearance and the general interface (including the infrastructure) of the platform.
8.2 Graphic material, logos, page headers, icon buttons, the character and trademarks made available through the Via dell’Orto platform are trademarks or distinctive signs of the company. These can be used by the users for the purpose of publicizing the platform and increasing its use but only by quoting the source through the specific reference link and in a way that does not generate confusion among the customers or in any other way that could denigrate, discredit or harm the company. Any use that does not comply with the law or any of the actions mentioned above exercised for different purposes constitute a material violation of our intellectual ownership rights.
8.3 All other trademarks not owned by the company that appear on the platform are property of their respective owners, therefore their use is forbidden without their consent and the company declines all responsibility.
Art. 9 – SERVICE MODIFICATIONS OR CHANGES IN CONDITIONS
We reserve the right to change the platform “Via dell’Orto”, policies, these general terms and conditions of use at any time, to offer new products and services or to comply with legal provisions and regulations. You will be subject to the policies of General Terms and Conditions of Use in force when you use the platform Via dell’Orto. In the case of any provision of these conditions is considered invalid, null or unenforceable for any reason, this condition will not affect the validity and the effectiveness of the other provisions.
Art. 10 – MINORS
The use of Via dell’Orto platform will be allowed to adults.
II GENERAL TERMS AND CONDITIONS OF SALE
The following General terms and conditions of sale that rule the distance sale of products and services through the platform Via dell’Orto by accessing the web site www.viadellorto.it. The user is invited to read carefully these general sales conditions before making any purchase. Once the user has made an order/reservation, the aforementioned conditions are considered read and fully accepted by the user, who will be obliged to observe them in their entirety. Online sales are only possible for EU and Great Britain territories. Orders/reservations are allowed only to adults according to the regulations of the consumer’s country of residence.
Art. 1 – THE CONTRACT
1.1 With these general terms of sale, Via dell’Orto s.r.l. sells and the customer buys tangible movable items indicated and offered on the website www.viadellorto.it. The contract is concluded exclusively online through the access of the CUSTOMER to the website www.viadellorto.it and the realization of an order according to the procedure foreseen by the website.
1.2 If the user wants to buy one or more products through the platform, he can select them on at a time by adding them to the cart. One all the items have been selected he can proceed with the forwarding of the order. At this point a summary page of the selected products will appear with prices and delivery costs. The user can also choose the method of payment and indicate the recipient and delivery address.
1.3 The sale contract is concluded with the sending by VIA DELL’ORTO SRL to the CUSTOMER of an order confirmation email. The confirmation email contains the customer’s data and the order number, the price of the goods purchased, the shipping costs and the delivery customer’s delivery address.
THE CUSTOMER undertakes to verify the correctness of the personal data contained in the confirmation email and to communicate to VIA DELL’ORTO S.R.L. any corrections/changes to be made.
VIA DELL’ORTO S.R.L. undertakes to describe and present the items sold on the website in the best possible way. Despite of this, some errors, inaccuracies or small differences between the product shown on the website and the real product may emerge. Besides, the pictures of the products presented on www.viadellorto.it do not constitute a contractual element in question and they have to be considered only as representative.
ART. 2 – PRODUCT IDENTIFICATION AND AVAILABILITY
2.1 The customer sees the characteristics of the goods that are illustrated in the individual product data sheets at the time of the customer’s choice before the conclusion of the purchase.
Before the validation of the order with “payment with obligation”, the CUSTOMER is informed about:
the total price of the goods including taxes, with the detail of shipping costs and any other costs;
method of payment;
the delivery time of the goods by the courier chosen by Via dell’Orto srl;
the conditions, terms and procedures to implement the right to withdrawal (art. 3 of these conditions) as well as the withdrawal form, part B of Legislative Decree 21/2014;
the information that the customer will have to pay the costs of returning in case of withdrawal;
the existence of the legal guarantee of conformity for purchased goods;
the conditions of post sale assistance and commercial guarantees provided by VIA DELL’ORTO S.R.L.
Art. 3 – TERMS AND PROCEDURES FOR THE IMPLEMENTATION OF THE RIGHT TO WITHDRAWAL
3.1. Without the prejudice to the next art. 5 and to purchases made by users as a professional related to the exercise of its business activity.
The consumer has a period of 14 (fourteen) days to withdraw from the contract, without any reason to provide. The withdrawal period ends after fourteen days from:
a) in the case of services contracts, from the day of the conclusion of the contract;
b) in the case of sales contracts, from the day on which the consumer, or a third party different from the courier and designed by the consumer, acquires physical possession of the goods, or:
1) in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party different from the courier and designed by the consumer, acquires physical possession of the last good.
2) in the case of delivery of multiple lots or pieces, from the day on which the consumer or a third party different from the courier and designed by the consumer, acquires physical possession of the last lot or piece.
3) in the case of contracts for the periodic delivery of goods during a specific period of time, from the day on which the consumer or a third party different from the courier and designed by the consumer, acquires physical possession of the first good;
3.2 The consumer can present any unequivocal statement from which the will to withdraw from the contract emerges (“Declaration of withdrawal”). Communications must be sent to: Via dell’Orto srl Strada Comunale pian di Roglio, 12, 56033 Capannoli (PI), or by email to: [email protected]egalmail.it or [email protected] It is necessary that the relative communication is sent before the expiry of the withdrawal period (14 days) and that the product is returned to the seller within 14 (fourteen) days following the date on which he communicated to the professional his decision to withdraw from the contract.
Art. 4 – EFFECTS OF THE EXERCISE OF WITHDRAWAL RIGHT
4.1 The seller or company reimburses all payments received in relation to the product for which the consumer has exercised the right of withdrawal, excluding the costs of delivery of the goods (including those for its return in case of withdrawal) within 14 days from the receipt of the communication concerning the exercise of the right of withdrawal. The payment will be made with the same method used for the order, except different communication by the consumer, and provided that the seller does not incur any costs as a result of the refund. The consumer is required to return the products to the seller by delivery to the courier without undue delay and in any case 14 (fourteen) days from the date on which the withdrawal was communicated. The consumer will bear the direct costs of returning goods. We will proceed with the refund only when the product has been received in the same conditions of receipt, not used and completely intact in all its parts provided with the original packaging and in perfect condition without missing any original equipment. Failing this, the withdrawal will be ineffective and the seller will send the purchased good back to the sender, debiting it for each shipping charge.
Art. 5 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right withdrawal cannot be implemented in case of:
the seller contracts after the complete performance of the service if the execution started with the consumer and with the acceptance of the loss of withdrawal right following the full execution of the contract by the seller.;
supply of goods made to measure or clearly personalized;
supply of goods that are likely to deteriorate or expire rapidly;
supply of sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection and that have been opened after delivery;
supply of goods that after the delivery are mixed with other goods;
supply of sealed audio or video recordings or sealed software that have been opened after delivery.
Art. 6 – PAYMENT OF THE PRICE AND BILLING
6.1 All prices are inclusive of VAT applicable pursuant to the law. They will be determined clearly and precisely when the order is placed and before proceeding to payment.
6.2The user can make the payment by credit card, prepaid card or paypal. If the payment is made by credit card, the user will have to confirm on the website the data of the credit card used for the purchase by entering the sixteen-digit numbers provided, the expiry date and the security code. The customer is solely responsible for the data entered and guarantees to have the legitimate availability of the credit card used.
6.3 In the case of fraudulent or undue charges on the card used for purchases on the web site www.viadellorto.it, the user must notify the company at the following address [email protected], in order to allow the company to carry out the necessary checks. The seller and the company are not responsible for the illicit or fraudulent use of credit cards and/or other method of payment made by third parties during the order process.
6.4 The invoice will be issued in electronic format according to the regulations in force.
Art.7 – SHIPPING
7.1 Shipments are entrusted to the Bartolini SPA company (Vat number and fiscal code 04507990150) registered office – Piazza Diaz n. 7 – 20123 Milan (Italy) that will deal with logistics and transport. Deliveries are not made on Saturdays, Sundays, during national, regional and local holidays. Shipments can only be made in EU area including Great Britain and the shipping costs are charged to the customer.
7.2 The user will be informed about the delivery deadline before the conclusion of the purchase procedure, however the estimated delivery times of the products are purely indicative and in no way binding. If an order includes more products, the delivery may be made at different times and dates. The delivery obligation is fulfilled by the transfer of the material availability of the goods to the user or person designated by him.
7.3 If, at the moment of the delivery of products to the indicated address, the user (or authorized person) is not present, the latter will be contacted and the procedure for finalizing the delivery will be indicated. In particular the user must indicate if: a) the courier must proceed with another delivery attempt; b) return the parcel to the sender; c) delivery the shipment to a new address. In the event that the user does not provide the necessary information within 14 (fourteen) calendar days, the goods can be returned to the seller or if the return proves to be difficult to perform, it can be destroyed and the user will also be charged the distribution/return costs. In the same way, the shipment can be destroyed as of the sixth month from the date of shipment, may not have been requested for information or that – after an alleged loss or destruction – has already been compensated.
7.4 At the moment of the delivery the user must sign the delivery note and note the observations and problems encountered at the time of delivery such as obvious defects or handling of the products or packaging.
Art. 8 – WARRANTIES ON THE SOLD PRODUCTS AND LIMITATIONS OF LIABILITY
8.1 In case of defective products or in any case non-compliant with the placed orders, the customer has the right to restore without costs the product by repair or replacement of the product.
The customer can exercise this right if the defect occurs within the term indicated on the product sheet. In order to exercise the aforementioned right, the customer must contact Via dell’Orto srl by email to: [email protected] or [email protected]
8.2 COMMERCIAL GUARANTEE
All products presented on the website www.viadellorto.it benefit of conformity warranty, commercial guarantee and its duration is indicated on the product sheets.
The customer must keep the invoice to benefit the warranty.
Art. 9 – APPLICABLE LAW AND COMPETENT COURT
9.1 These General Conditions of use and sale are regulated and must be interpreted under the italian laws and the application of the United Nations Convention on International goods sales contracts is expressly excluded. The user and us accept to be subject to the non-exclusive jurisdiction of the Pisa court, in fact if you buy as a consumer you will be able to act in the district of Court where you are resident or domiciled to promote a dispute in relation to these General Conditions of Sale.
9.2 We remember that – pursuant to the provisions of part V, title II-bis, of the Legislative Decree 206/2003 and other changes, as well as under the directive 2013/11/EU and Art. 14 Reg. 524/2013/EU – the consumer, for the resolution of disputes arising under this contract, may resort to the procedures for out-of-court settlement of disputes, by restoring to the ADR (Alternative Dispute Resolution), through the platform reachable by clicking on this link: https://ec.europa.eu/consumers/odr.
Art. 10 – CHANGES TO THE GENERAL SALES CONDITIONS
We reserve the right to modify the website, policies and these General terms of sale at any time to offer new products or services, or to conform to laws or regulations. You will be subject to the policies and terms of the general sales conditions in force at the time that you buy products by us.
Art. 11 – CONTACTS
For any information about complaints or assistance, we provide the following contacts: Via dell’Orto Srl (Vat number 02027710504), registered office: Strada Comunale Pian di Roglio, 12, 56033 Capannoli PI, email: [email protected]; [email protected]
Art. 12 – INTEGRITY
These general terms of sale are constituted by the totality of the clauses that compose them. If one or more provisions of these general conditions of sale are deemed invalid, null or for any reason unenforceable, this condition will not affect the validity and effectiveness of the remaining provisions which will therefore continue to have full force and effectiveness.