General Terms and Conditions of Sale
a) The products for sale on the website www.erbariotoscano.it are distributed by Aymara Italia s.r.l., registered office in Via dei Ghivizzani n.61, 55041 Capezzano Pianore (LU), ITALY, PIVA: 02157120466, pec: firstname.lastname@example.org, Tel: 0039(0)584969660; Fax: 0039(0)584969598.
b) Considering the foregoing as an integral and fundamental part of the relationship between Aymara s.r.l. and the Customer, the following conditions apply to any purchase of products through the site.
ARTICLE 1 – DEFINITIONS
1.1. “Site” is the website https://www.erbariotoscano.it, dedicated to the sale of Erbario Toscano branded products and cosmetics distributed exclusively by Aymara Italia s.r.l.
1.2. “Client” is the subject (natural or legal person) who makes a purchase on the Site, accepting the general conditions of sale.
1.3. “Order” is the request form for the goods on sale, filled in by the Customer through the Site. When the order is concluded and transmitted to Aymara Italia srl it becomes a “contract”.
1.4. “Products” are the goods on sale on the Site, according to the general conditions of sale.
1.5. “Price” is the consideration for the sale of the indicated goods only.
1.6. “Contract” is the contract at distance that has, as its object, the sale of the products, according to the general conditions of sale.
1.7. “Parties” are Aymara Italia s.r.l. and the Customer.
ARTICLE 2 – TECHNICAL PROCEDURES FOR THE CONCLUSION OF THE CONTRACT
2.1. The products are put on sale according to the terms and conditions provided by the contract published on the website at the time of the order.
The Seller reserves the right to amend these general terms and conditions of sale at any time, at its own discretion, without the need to provide any prior notice to users of the Site.
Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. Before sending the purchase order, the Consumer is invited to check this information and, in particular, the final sale price of the Products of his interest.
III. The Contract is concluded on the date of the correct and punctual receipt by Aymara Italia s.r.l. of the order request by means of the form present on the website, filled in and accepted by the Customer in every part together with the payment of the amount due for the product purchased, or by means of an order with payment upon receipt of the goods (cash on delivery). Sending the order implies full acceptance on behalf of the Customer of the Conditions indicated in this document. It is understood, in any case, that the use of the products by the Customer attests the acceptance of all contractual conditions. The Customer is responsible for the truthfulness of the information provided and acknowledges to Aymara Italia srl the right to take any further information for the purposes of the purchase contract, in compliance with the regulations in force. In the absence of receipt by Aymara Italia s.r.l. of payment of the amount due, within 30 days the order will be cancelled and deleted, without any notice.
2.2. The website is dedicated to retail sales and as such is intended for the exclusive use of the Consumer, as defined therein: persons who do not have this qualification are invited not to execute purchase orders.
If, however, the purchase of the Products should be made by a person who does not qualify as a Consumer, these general terms and conditions of sale shall still apply, but, as an exception to what is generally provided for herein
a) the purchaser shall not benefit from the legal guarantee of conformity on the Products;
b) the purchaser shall not be entitled to the right of withdrawal;
c) the purchaser shall not be recognised the conditions provided for in this contract exclusively in favour of the Consumer insofar as required by mandatory provisions of law.
2.3. In order to be able to make purchases via the Site, the legal capacity to act and over the age of 18 years, which the Consumer declares to possess, are required.
2.4. In order to proceed with a purchase, the Customer must follow the following steps:
(a) Go to www.erbariotoscano.it
(b) Choose the product(s) of interest, indicate the number of units you wish to purchase and select PURCHASE.
(c) Place the cursor in the top right-hand corner on SHOPPING CART and select CHECKOUT to proceed with the purchase.
At this point, the SHOPPING CART page opens where you can view any offers, use any discount coupons, request gift wrapping and, above all, check that the goods you are about to pay for are the ones you have previously chosen and are in the desired quantity.
(d) Select PROCEED TO PAY
At this point the CHECKOUT page opens where you can proceed to purchase as a guest, register on the site, or enter your login and password (for registered users only). In the first two cases, the subsequent purchasing steps do not change, however, registration on the site may provide benefits (e.g. in the form of discount coupons). In the third case, the registered customer will find all his or her personal data pre-filled by simply entering his or her login and password, while the rest of the procedure is common to the first two cases.
(e) Select “Guest” or “Register” or enter your login and password (only for registered customers)
(f) (If Guest or Customer during registration) Enter or (if Customer is already registered) re-check your personal data and “flag” SELECT TO ACCEPT PERSONAL DATA PROCESSING.
(g) At this point you can choose whether to send to a different address (g.I) or use the data already entered as the delivery address of the goods (g.II)
(g.I) Maintain the “flag” on SHIP TO A DIFFERENT ADDRESS? and complete all remaining fields.
(g.II) Remove the “flag” on SHIP TO A DIFFERENT ADDRESS?
(h) Fill in the field NOTES, if necessary, and select NEXT
At this point, the order summary appears again with the customer’s personal data and that of the delivery address, if any, the main characteristics of the product chosen, an indication of the total price due, including shipping costs (excluding only customs duties, where due) and taxes. The customer is obliged to verify the accuracy of the personal data entered, for the truthfulness of which he/she is responsible, and to double-check what is stated in the summary before proceeding further.
Once this activity has been completed:
(i) Select “I HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF SALE”.
(l) Select the desired form of payment from those available and follow the relevant instructions
(m) Select PROCEED°°°°° CONFIRM AND TRANSFER ORDER.
The completed order is transmitted and will serve as a purchase contract; the final summary page opens where the order number is also shown.
2.5. Following this, the Customer shall receive, at the e-mail address previously indicated, the contract (order confirmation) in which the type of products ordered, the price of each of them, the relative taxes, the delivery costs, the chosen method of payment, and the existence of the right of withdrawal referred to in Article 8 below, which may be exercised if the relative conditions are met, shall be indicated.
2.6. The contract is understood to be concluded and binding for the parties when Aymara Italia s.r.l. transmits the order confirmation to the Customer to the e-mail address indicated by the same when registering on the site; payment of the amount and delivery of the product shall follow. Unless specifically, separately and differently agreed between the Parties, the payment of the consideration for the product as indicated in the price list shall be made by the customer at the time the order is sent. Each payment made by the customer shall be traced on the sales ledger, and only if expressly requested (by means of the notes field of the order or in any case no later than the end of the fiscal month in which the order was made) shall Aymara Italia s.r.l. issue the relative invoice. VAT will be applied to all sums invoiced, which, together with any other fiscal charge deriving from the execution of the Contract, will be charged to the Customer. In any case, the Customer hereby relieves Aymara Italia s.r.l. from any, and all, liability deriving from transactions or payments made. The Customer acknowledges and expressly accepts that the invoice may be transmitted and/or made available to him in electronic format. The customer who intends to pay for the product by credit card, acknowledges and accepts that the banking institute indicated by Aymara Italia s.r.l. will store the data of his credit card, which can be used by the customer to make payment for any other product purchased from Aymara Italia s.r.l.
2.7. The contract shall be archived with the right for the Customer to have access to it by explicit request by sending an e-mail to email@example.com.
2.8. The presentation of the Products on the Site, which is not binding on the Seller, represents a mere invitation to the Consumer to make a contractual proposal to purchase and not an offer to the public.
2.9. The purchase order transmitted by the Purchaser to the Vendor through the Site has the value of an irrevocable contractual proposal for 48 (forty-eight) working hours from its receipt by the Vendor and is governed by these general conditions of sale, which form an integral part of the order itself and which the Purchaser must accept in full without reservation.
Before proceeding to send an order to purchase the Products, by means of the procedure provided on the Website, the Consumer shall therefore be requested to carefully read the present general conditions of sale and the information regarding the right to withdraw and to expressly accept the present general conditions of sale.
The Consumer is invited to print a copy of these general conditions of sale by means of the appropriate print command and/or to store a copy on a device of his choice.
Before finally sending the purchase order, the Consumer is held to check the data entered in the order, which he may change or correct any input errors.
2.10. Orders or purchases made by telephone or otherwise different from those indicated in the sales conditions are not envisaged and/or accepted.
ART. 3 – TIME AND DELIVERY METHODS
3.1. Delivery of the products to the shipping address indicated by the customer in the order is done using an express courier.
3.2. Delivery times range from a minimum of two days to a maximum of five working days from the time Aymara Italia s.r.l. receives credit for the payment.
The times are indicative and not strictly binding for Aymara Italia s.r.l.; for shipping information, you can send an e-mail to firstname.lastname@example.org.
In any case, delivery shall take place no later than thirty days after receipt of payment.
3.3. In the event of non-delivery of the goods within the agreed term or within the term of thirty days, the Customer must invite Aymara Italia s.r.l. to deliver within an additional term appropriate to the circumstances and is entitled to terminate the contract only if the additional term thus granted should expire without the goods having been delivered.
3.4. In the event of unavailability of one or more products, occurring after the order confirmation, Aymara Italia s.r.l. shall inform the Customer by e-mail, except if Aymara Italia srl proceeds in any case to the shipment of the remaining products ordered by the Customer. In this circumstance, the contract shall remain valid limited to the products physically shipped and the Customer shall not be entitled to refuse partial delivery or payment of the goods actually delivered, nor shall he be entitled to obtain compensation or indemnity, but only to receive a refund of the price corresponding to the product or products not available, if already paid.
3.5. Transport costs may vary due to changes in Istat or fuel prices with an impact on existing contracts with express couriers and/or be subject to promotions. You are therefore invited to take note of them when placing your order.
ARTICLE 4 – REGISTRATION
4.1. Clicking on the “Login” button will open a page dedicated to registration: a user who has not yet registered will find the “Register” option. The Customer must then enter a user name, a valid e-mail address and click on the “Register” button.
The customer will receive an e-mail at the indicated address containing the link to be able to change the password that will be automatically generated by the system at any time. After that, access is considered to have been gained for data entry; access is only necessary for the purposes of shipping, checking previous orders or orders in progress.
A user who is already registered, on the other hand, may access his or her own data required during the order compilation process and inherent to the shipment itself; it being understood that it is possible to change this data at any time.
Registration is free, quick and does not entail any obligation to purchase.
The Customer undertakes to communicate correct, truthful and complete data regarding: personal details, personal contact information, other information useful for processing the order.
4.2. The Customer is obliged to keep a copy of the purchase confirmation sent by Aymara Italia s.r.l. to the e-mail address indicated by the customer during registration to the site.
ARTICLE 5 – PRICE, PAYMENT AND INVOICE
5.1. Prices are expressed in Euro (€); the amounts indicated, referring to the individual item, are prices to the public INCLUDING VAT net of shipping costs, cash on delivery charges. Any further costs (e.g. customs charges, if applicable) shall be borne by the Customer.
5.2. When confirming your order, you will be asked for the data required for shipping and invoicing the item you wish to purchase.
The resulting total price at the end of the order shall therefore only then include shipping costs, but not any customs duties and/or additional sales taxes required for importing the goods into foreign territory. Additional charges for customs clearance may vary and/or be subject to promotion. We therefore invite you to take note of them when placing your order.
5.3. Payment of the price shall be made in one of the following ways
– at the time the order is placed, for payment in advance by credit card or PayPal > Payment in advance by Paypal (immediate receipt of payment),
– Payment by bank transfer in advance, transfer details can be found on the website.
– Payment on delivery (cash on delivery)
ARTICLE 6 – FORCE MAJEURE
6.1. In the event that the contract cannot be executed, not even in part, due to unavailability of the goods or any other cause of force majeure, Aymara Italia s.r.l. will notify the Customer by email within thirty (30) days from the day of transmission of the order and will be released from all its obligations, except for the reimbursement of any sums already paid by the latter.
ARTICLE 7 – COPYRIGHT AND TRADEMARKS
7.1. The contract does not grant the Customer any rights over trademarks, logos and other distinctive signs of various kinds on the site, nor over its content.
Trademarks, logos and other distinctive signs of various kinds on the site belong to their respective owners.
The use of trademarks, logos and other distinctive signs including their reproduction on other websites by unauthorised third parties is prohibited.
The contents of the site (text, graphics, images and animations) are protected by copyright; therefore, the reproduction of images and their publication in any form without written authorisation from Aymara Italia s.r.l. is prohibited.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1. Pursuant to the provisions of Articles 52 et seq. Legislative Decree No. 21/2014, the Customer-consumer has the right to withdraw from the contract, without penalty and without the need to specify the reason, within and no later than fourteen (14) days from the receipt of the goods, or, in the case of multiple goods ordered through a single order and delivered separately, from the day on which the Customer or a third party designated by him, other than the carrier, acquires physical possession of the goods in question. In cases where the Customer provides Aymara italia srl with delivery indications that do not contemplate entrusting the goods by the courier to a physical person (e.g. delivery to post office boxes or delivery inside private property/condominiums/other), the Customer waives the possibility to exercise the right of withdrawal. Aymara italia srl, as far as possible, advises its customers against requesting these types of delivery.
8.2. Before the expiry of the term referred to in the previous point (14 days from receipt of the products), in order to exercise the right of withdrawal, the Customer must:
– Download the appropriate return form available in the RIGHT OF WITHDRAWAL section
– Print it, fill it in completely and sign it.
– Send the completed and signed form together with a written communication to Aymara italia srl, via dei Ghivizzani 61, 55041 Capezzano Pianore (LU) by registered mail with return receipt or by e-mail to email@example.com or by fax to 0039 0584-969598.
Return requests that meet the following requirements will be considered valid:
– the items must not have been used
– the items must be in perfect condition.
– the items must be returned together with all advertising material (brochures/other) and any other products received as gifts (samples/promotional products).
8.3. In the event of a valid exercise of the right of withdrawal, the Customer shall return the goods to Aymara Italia s.r.l. via dei Ghivizzani 61, 55041 Capezzano Pianore (LU) without undue delay and in any case within fourteen (14) days from the date on which he communicated his decision to withdraw from the contract; the term shall be considered respected if the Customer returns the goods before the expiry of the fourteen day period.
8.4. The direct cost of returning the goods shall be borne by the Customer. Aymara Italia srl does not assume responsibility with respect to damage, theft or loss of the products during transport.
8.5. The Customer must return the goods in an intact state of preservation and with original labels intact. The packaging of the products must be adequate, in order to safeguard the original wrappings from damage, affixing of writing or labels. The consumer is liable for any decrease in the value of the goods resulting from handling the goods other than what is necessary to establish their nature and characteristics.
8.6. Once Aymara Italia s.r.l. has received the withdrawal form correctly filled out together with the written communication, it shall take charge of the request while waiting to receive the products and reserving the right to contact the Customer if necessary.
The Customer is free to choose the courier to be used for the return but must communicate this to Aymara Italia srl together with the tracking number of the shipment.
If the right of withdrawal has been exercised in accordance with the above provisions, Aymara Italia s.r.l. shall, within fourteen (14) working days from the moment of receipt of the returned goods at the company, refund to the Customer all payments received, in relation to the order to which the withdrawal refers.
This refund will be made using either the same means of payment used by the Customer for the initial transaction if this does not entail costs for the Customer as a result of the refund, or by agreeing with the Customer on an alternative means (bank transfer); however, pursuant to Article 56, paragraph III of Legislative Decree No. 21/2014, Aymara Italia s.r.l. is entitled to withhold the refund until it has received the goods.
8.7. The right of withdrawal is the faculty only of physical persons acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out, referred to precisely as consumers; therefore, retailers and companies are excluded from the right of withdrawal.
8.8. The right of withdrawal is likewise excluded, pursuant to Art. 59 of Legislative Decree no. 21/2014, in the case of the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and that have been opened after delivery and in all cases provided for by law.
8.9. No refunds or exchanges are made on customised products at the express request of the customer. No refunds are made for any discounted products, but replacements with goods of corresponding value are possible.
8.10 The above provisions apply only to products purchased on the Site. Products purchased in an Erbario Toscano shop shall be subject to the return policies adopted by the latter. Returns or replacements for purchases made in an Erbario Toscano shop or from an affiliated retailer cannot be made through the Site. Returns or replacements for purchases placed on the Website cannot be made at Erbario Toscano or affiliated shops.
T. 9 – CUSTOMER RIGHTS IN THE EVENT OF PRODUCT DISCREPANCIES.
9.1. In the event that the Client detects a lack of conformity of the product and is a consumer, he is entitled to request its repair or replacement free of charge, where possible and not excessively burdensome; where this is not possible or would be excessively burdensome, he may request an appropriate reduction in price or termination of the contract. This report must be made by sending an email to firstname.lastname@example.org and must contain all the elements necessary for its evaluation (Name, Surname, telephone, email, order number, products subject to the discrepancy, description of the discrepancy and PHOTO where the problem is highlighted).
However, termination of the contract is excluded in the case of minor conformity defects.
9.2. Following the report accompanied by photos and other supporting elements, Aymara Italia s.r.l. will evaluate it within a reasonable period of time and, after verifying the existence of the non-conformity, will agree with the Customer whether to replace the non-conforming product or to reimburse the full price; however, Aymara Italia s. r.l. to propose alternative remedies available, such as, for example, the replacement of the product with another of a different nature but of equivalent value, chosen from those displayed on the site; if the Customer accepts, Aymara Italia s.r.l. will perform the remedy specifically proposed. In the aforesaid cases, Aymara italia srl reserves the right to send a courier to collect the product which is the subject of the discrepancy and which shall return to its property.
ARTICLE 10 – PRIVACY
10.1. Please read the information notice on https://www.erbariotoscano.it/privacy-policy/.
ARTICLE 11 – COMMUNICATIONS
11.1. All communications between the parties must be made in writing and sent to the address of the other party indicated, for Aymara Italia s.r.l., in these conditions of contract and, for the Customer, in the order sent by the same.
ARTICLE 12 – WARRANTY
12.1. The Seller Aymara Italia s.r.l., pursuant to and for the purposes of the European Directive 44/99/CE and the Italian Legislative Decree no. 206/2005 (Consumer Code), provides the Purchaser consumer with a legal guarantee on all products purchased for any conformity defect that manifests itself within the term of 24 (twenty-four) months from the delivery of the products.
The legal guarantee allows the Purchaser, in the event of a lack of conformity of the product, to obtain, by contacting the Seller directly, within a reasonable time taking into account the nature of the product, repair (if and insofar as possible), replacement of the product, a price reduction or termination of the contract.
Use of the product that does not comply with the product’s intended use and with the instructions/warnings on the matter provided by the Seller and/or the product manufacturer is in any case not covered by the warranty.
Any notification of a lack of conformity of the product must be submitted together with proof of purchase of the product from the Seller (tax document/invoice issued by the Seller or payment receipt).
The report of a conformity defect, within the 24-month term mentioned above, must be sent by the Purchaser within and no later than 2 (two) months from the date on which the conformity defect was detected.
The report of the conformity defect shall be forwarded by the Purchaser to the Seller by e-mail to email@example.com.
The Seller, through its assistance service, shall carry out quality checks to verify the actual non-conformity of the product and shall provide feedback to the Buyer by e-mail.
In the event of ascertained non-conformity of the product, the Seller shall refund the Buyer for the shipping costs incurred for the return of the non-conforming product and, at no cost to the Buyer, repair the product or replace it with a new product; in the latter case, the non-conforming and replaced product shall remain the property of the Seller.
The aforesaid refund shall be made by bank transfer in favour of the Purchaser. It shall be the Purchaser’s responsibility to inform the Seller, again via firstname.lastname@example.org, of the bank details to make the bank transfer in his favour and to put the Seller in the condition to be able to return the sum due.
12.2. In addition to the legal guarantee described above, in any case provided to the Purchaser-consumer by the Seller, an additional and autonomous conventional guarantee provided by the manufacturer of the product purchased, governed by the specific additional conditions that accompany and are enclosed in the packaging of the product itself, may also be provided.
ARTICLE 13 – APPLICABLE LAW AND COMPETENT COURT
13.1. The parties, stipulating the contract pursuant to art. 2 above and what is provided for therein, agree that the same is governed by Italian law and subject to Italian jurisdiction, and that the application to it of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.2 For any dispute concerning the validity, execution or interpretation of the contract and its effects, the following shall be competent
1.a) the Court of the place of residence or domicile of the Customer, if the Customer is a consumer and is resident or domiciled in Italy;
2.b) exclusively the Court of Lucca, in any other case.