a) The products for sale on the website www.erbariotoscano.it are distributed by Aymara Italia srl, registered office at Via dei Ghivizzani n. 61, 55041 Capezzano Pianore (LU), ITALY, VAT: 02157120466, pec: firstname.lastname@example.org , Tel: 0039 (0) 584969660; Fax: 0039 (0) 584969598.
b) Having considered the above as an integral and fundamental part of the relationship between Aymara s.r.l. and the Customer, it is noted that with each purchase of products through the site the following conditions apply.
ART. 1 – DEFINITIONS
1.1. « Site » is the website https://www.erbariotoscano.it, dedicated to the sale of Erbario Toscano brand products and cosmetics and distributed exclusively by Aymara Italia s.r.l.
1.2. « Customer » is the subject (natural or legal person) who makes the purchase on the Site, accepting the general conditions of sale.
1.3. « Order » is the request form for the goods for sale, completed 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 offered for sale on the Site, based on the general sales conditions.
1.5. « Price » is the consideration for the sale of only the goods indicated.
1.6. « Contract » is the distance contract which has as its object the sale of the products, based on the general sales conditions.
1.7. « Parties » are Aymara Italia s.r.l. and the Customer.
ART. 2 – TECHNICAL TERMS OF CONCLUSION OF THE CONTRACT
2.1. The products are offered for sale based on the terms and conditions set forth in the contract published on the site at the time of the order.
The Seller reserves the right to change these general conditions of sale at any time, at its discretion, without the need to provide any 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 as of 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 asked to verify such information and, in particular, the final price of sale of the Products of his interest.
III. The Contract is finalized on the date of the correct and punctual receipt by Aymara Italia s.r.l. of the order request by means of a form on the site, filled in and accepted by the Customer in its entirety together with the payment of the fee for the product purchased, or by order with payment upon receipt of the goods (cash on delivery). The sending of the order implies full acceptance by the Customer of the Conditions indicated in this document. In any case, it is understood that the use of the products by the Customer certifies the acceptance of all the contractual conditions. The Customer is responsible for the truthfulness of the information provided and acknowledges to Aymara Italia srl the right to take further information for the purposes of the purchase contract, in compliance with current legislation. In the absence of receipt by Aymara Italia s.r.l. of the payment of the consideration, within 30 days the order will be canceled and canceled, without any notice.
2.2. The site is dedicated to retail sale and as such is intended for the exclusive use of the Consumer, as defined therein: individuals who do not hold this qualification are advised not to execute purchase orders.
If, however, the purchase of the Products should take place by a person who cannot be qualified as a Consumer, the present general sales conditions will still apply, but notwithstanding the general provision therein:
a) the purchaser cannot benefit from the legal guarantee of conformity on the Products;
b) the purchaser will not be granted the right of withdrawal;
c) the purchaser will not be recognized the conditions provided for in this contract exclusively for the Consumer as required by mandatory provisions of the law.
2.3. In order to make purchases through the Site, the legal capacity to act and the age of majority (18 years), which the Consumer declares to possess, are necessary.
2.4. In order to proceed with a purchase, the Customer must follow the following methods:
(a) Connect to the website www.erbariotoscano.it
(b) Choose the product (s) of interest, indicate the number of units you intend to purchase and select BUY.
(c) Place the cursor at the top right 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 the gift box and, above all, check that the goods you are about to pay are the ones chosen previously and respect the quantity desired.
(d) Select PROCEED TO PAYMENT
At this point the CHECKOUT page opens where you can proceed with the purchase as a guest, register on the site, or enter your login and password (only for registered users). In the first two cases the subsequent purchase stages do not change, however, the registration on the site could give some benefits (for example in the form of a discount coupon). In the third case the registered customer will find all the parts of his personal data pre-filled by simply entering his login and password while the rest of the procedure is common to the first two cases.
(e) Select « Guest » or « Register » or enter login and password (only for registered customers)
(f) (If Guest or Customer is registering) Enter or (if Customer already registered) double check their personal data and « flag » SELECT TO AGREE TO THE PROCESSING OF PERSONAL DATA.
(g) At this point it is possible to decide whether to send to a different address (g.I) or to use the personal data already entered as the destination address of the goods (g.II)
(g.I) Keep the « flag » on SHIP TO A DIFFERENT ADDRESS? and fill in all the remaining fields.
(g.II) Remove the « flag » on SHIP TO A DIFFERENT ADDRESS?
(h) Fill in the NOTES field, if necessary, and select NEXT
At this point the summary of the order appears again with the customer’s and destination’s personal data, the main characteristics of the chosen product, the indication of the total price due, including shipping costs (with the exclusion only of possible customs duties, where due) and taxes. The customer is required to verify the accuracy of the personal data entered, for which the truthfulness is responsible and to check what is reported in the summary before proceeding further.
Once this activity is complete:
(i) Select « I READ AND ACCEPTED THE INFORMATION ON TERMS AND CONDITIONS OF SALE »
(l) Select the desired form of payment from those available and follow the relative instructions
(m) Select PROCEED °°°°° CONFIRM AND SEND ORDER.
The order concluded is transmitted and will perform the function of purchase contract, the definitive summary page opens where the order number is also shown.
2.5. Following this, the Customer will 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 method of payment chosen and the existence of the right of withdrawal referred to in the following art. will be reported 8, exercisable by applying the related requirements.
2.6. The contract is considered concluded and binding for the parties when Aymara Italia s.r.l. transmits to the Customer the order confirmation to the e-mail address indicated by the same in the registration to the site; payment of the fee will follow and delivery of the product. Unless there is a specific, separate and different agreement between the Parties, payment of the price of the product as indicated in the price list must be made by the customer together with the sending of the order. Each payment made by the customer is tracked on the appropriate register of fees, only if expressly requested (through the specific field notes of the order or in any case not later than the end of the fiscal month in which the order was made) Aymara Italia s.r.l. will issue the relevant invoice. All amounts invoiced will be charged with VAT, 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 now raises Aymara Italia s.r.l. from any and all liability arising from transactions or payments made. The customer acknowledges and expressly accepts that the invoice can be sent to him and / or made available in electronic format. The customer who intends to pay the product by credit card, acknowledges and accepts that the bank indicated by Aymara Italia s.r.l. store your credit card details, which can be used by the customer to pay for any other product purchased from Aymara Italia s.r.l.
2.7. The contract will be filed with the Customer’s right to have access to it by explicit request by sending an email to email@example.com
2.8. The presentation of the Products on the Site, which is not binding for the Seller, represents a simple invitation to the Consumer to formulate a contractual purchase proposal and not a public offer.
Before being able to proceed with the sending of a purchase order for the Products, through the procedure provided on the Site the Consumer will therefore be asked to carefully read these general sales conditions and the information on the right of withdrawal and to expressly accept these conditions general sales policies.
The Consumer is invited to print a copy of these general conditions of sale through the appropriate print command and / or to memorize a copy on a durable medium of his choice.
Before the final purchase order is sent, the Consumer is required to verify the data entered in the order, which he can modify or correct from any input errors.
2:10. There are no foreseen and / or accepted methods of orders or telephone purchases or otherwise different to those indicated in the sales conditions.ART. 3 – DELIVERY TIMES AND METHODS
3.1. The delivery of the products to the shipping address indicated by the customer in the order is carried out by 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 payment credit.
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 will take place no later than thirty days from the date of receipt of payment.
3.3. In case 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 make delivery within an additional period appropriate to the circumstances and is entitled to terminate the contract only if the additional period thus granted expires without the goods being delivered to him.
3.4. In the event of unavailability of one or more products, occurring subsequently to the order confirmation, Aymara Italia s.r.l. he will inform the Customer via e-mail, unless he proceeds with the shipment of the remaining products ordered by the Customer. In this case the contract will remain valid only for the products actually shipped and the Customer will not be able to refuse the partial delivery or payment of the goods actually delivered, nor will he have the right to obtain compensation or compensation, but only to receive the return of the price corresponding to the product or to unavailable products, if already paid.
3.5. Transport costs may vary due to changes in the prices or the price of the fuel with an impact on existing contracts with express carriers and / or subject to promotions. We therefore invite you to view it at the time of the order.
ART. 4 – REGISTRATION
4.1. Clicking on the « Login » button will open a page dedicated to registration: the user not yet registered will find the appropriate « Register » item. The Customer must then enter a username, a valid e-mail address and click on the « Register » button.
The Customer will receive an e-mail at the address indicated containing the link to possibly and at any time modify the password that will be automatically generated by the system (do I ask for confirmation, or is it the customer who immediately chooses the password?) Afterwards, access is considered to have been entered for data entry; access necessary for shipping purposes only, for checking previous orders or for current ones.
The user already registered, on the other hand, will be able to access his / her data requested during the order compilation and the shipment itself; firm that the modification of the same is possible at any time.
Registration is free, fast and does not imply any purchase obligation.
The Customer undertakes to communicate correct, truthful and complete data regarding: personal details, personal contact details, other information useful for the execution of the order.
4.2. The Customer is required to keep a copy of the purchase confirmation sent by Aymara Italia s.r.l. to the e-mail address indicated by the customer in the registration to the site.
5.1. Prices are in Euro (€); the amounts indicated, referring to the single article, are prices to the public INCLUDING VAT, net of shipping costs, of mark costs. Any additional costs (eg customs duties, if any) will be charged to the Customer.
5.2. At the time of the order confirmation, the data required for shipping and billing of the item you wish to purchase will be requested.
The total price resulting at the end of the order will therefore only be subsequently inclusive of shipping costs, but not of any customs duties and / or additional taxes on the sale, necessary for the importation of the goods into foreign territory. Additional charges for customs clearance operations may vary and / or be subject to promotions. We therefore invite you to view it at the time of the order.
5.3. The payment of the price must be made in one of the following ways:
– at the time the order is placed, for advance payment by credit card or PayPal> Advance payment with Paypal (immediate payment receipt),
– Payment by bank transfer in advance, the transfer details are shown on the website.
– Payment on delivery (cash on delivery)ART. 6 – FORCE MAJEURE
6.1. In the event that the contract cannot be executed, even in part, due to unavailability of the goods or for other reasons of force majeure, Aymara Italia s.r.l. it will notify the Customer by e-mail within thirty (30) days from the day the order is transmitted and will be released from all its obligations, except for the reimbursement of any sums already paid by the latter.ART. 7 – COPYRIGHTS AND BRANDS
7.1. The contract does not grant the Customer any rights to trademarks, logos and other distinctive signs of various kinds present on the site, nor on the relative contents.
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 reproduction on other websites by unauthorized third parties, is prohibited.
The contents of the site (texts, graphics, images and animations) are protected by copyright; it is therefore forbidden, among other things, the reproduction of the images and their publication in any form without the written authorization of Aymara Italia s.r.l.
ART. 8 – RIGHT OF WITHDRAWAL
8.1. According to the provisions of the articles 52 et seq. Legislative Decree n. 21/2014, the Customer-consumer has the right to withdraw from the contract, without penalties and without the need to specify the reason, within and no later than fourteen (14) days from 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 last good. In cases where the customer provides Aymara italia srl with delivery directives that do not provide for the delivery of the goods by the courier to a natural person (eg delivery to post office boxes or delivery inside private / condominium / other property) waiver of the possibility of exercising the right of withdrawal. Aymara italia srl, as far as possible, does not recommend its customers to request these types of delivery.
8.2. Before the expiry of the deadline referred to in the previous point (14 days from receipt of the products), for the purpose of exercising the right of withdrawal the Customer must:
– Download the specific return form available in the RIGHT OF WITHDRAWAL section
– Print it, fill it in every point and sign it.
– Send the completed and signed form, attaching it to a written communication to Aymara italia srl, via dei Ghivizzani 61, 55041 Capezzano Pianore (LU) by registered letter a / ro via e-mail to email@example.com or by fax to the number 0039 0584-969598.
Return requests that meet the following requirements will be considered valid:
– items must not have been used.
– the items must be in perfect condition.
– the items must be included together with all the advertising material (brochures / other) and any other products received free of charge (samples / products being promoted).
8.3. In case of valid exercise of the right of withdrawal, the Customer is required to 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 the fourteen (14) days following the date on which he communicated his decision to withdraw from the contract; the deadline is considered to be met if the Customer sends the goods back before the fourteen-day period expires.
8.4. The direct cost of returning the goods is charged to the Customer. Aymara does not assume responsibility for damage, theft or loss of products during transport
8.6. Once received the withdrawal form correctly completed together with the written communication, Aymara Italia s.r.l. will take charge of the request waiting to receive the products and reserving the possibility to contact the Customer in case of need.
The Customer is free to choose the courier to be used for the return but must communicate it to Aymara Italia together with the tracking number of the shipment.
Where the right of withdrawal has been exercised in accordance with the aforementioned provisions, Aymara Italia s.r.l. will provide, within fifteen (15) working days from the moment of receipt made in the company, to return to the Customer all payments received, in relation to the order to which the withdrawal refers.
This refund will be made using or the same means of payment used by the Customer for the initial transaction if this does not entail costs for the Customer following the reimbursement or by agreeing with the customer an alternative means (bank transfer); however, pursuant to art. 56, paragraph III, legislative decree n. 21/2014, Aymara Italia s.r.l. withhold the reimbursement until you have received the goods.
8.7. The right of withdrawal is the faculty of only natural persons who act for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out, called precisely as consumers; therefore, resellers and companies are excluded from the right of withdrawal.
8.8. The right of withdrawal is likewise excluded, pursuant to art. 59 Legislative Decree no. 21/2014, in the case of the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or connected to the protection of health and which have been opened after delivery and in any case in all the cases provided for by law.
8.9. Refunds or replacements will not be made on customized products at the express request of the customer. For any products at a discounted price, no refunds are made 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 a Tuscan Herbarium store will be subject to the return policies adopted by the latter. Returns or replacements for purchases made in an Erbario Toscano store or at an affiliated retailer cannot be made through the Site. Returns or replacements for purchases made through the Site cannot be made at the Erbario Toscano or affiliated stores.
T. 9 – CUSTOMER RIGHTS IN THE EVENT OF PRODUCT DIFFERENCES.
9.1. In the event that the Customer detects a lack of conformity of the product and is a consumer, he has the right to request repair or replacement without charge, where possible and not excessively expensive; if these are not possible or would be excessively burdensome, they can request an appropriate price reduction or termination of the contract. This report must be sent by sending an email to firstname.lastname@example.org and must include all the elements necessary to proceed with its evaluation (Name, Surname, telephone, email, order number, products subject to the discrepancy, description of the discrepancy and PHOTO where the problem is highlighted).
The termination of the contract is also excluded in the case of minor compliance defects.
9.2. Following the report accompanied by photos and other supporting elements, Aymara Italia s.r.l. will arrange for it to be assessed within a reasonable time and, subject to verification of the existence of the discrepancy, to agree with the Customer whether to proceed with the replacement of the non-standard product or the full reimbursement of the price; it is however the faculty of Aymara Italia s.r.l. propose alternative remedies available, such as, by way of example, the replacement of the product with another of a different nature but an equivalent value, chosen from those shown on the site; if the Customer accepts, Aymara Italia s.r.l. will perform the specifically proposed remedial service. In the aforementioned cases, Aymara italia srl reserves the right to send a courier in order to collect the product subject to the discrepancy which will again become its property.ART. 10 – PRIVACY
ART. 11 – COMMUNICATIONS
11.1. All communications between the parties must be made in writing and sent to the address of the other indicated party, for Aymara Italia s.r.l., in these contract conditions and, for the Customer, in the order sent by the same.ART. 12 – GUARANTEE
12.1. The Seller Aymara Italia s.r.l., pursuant to and for the purposes of the European Directive 44/99 / EC and of the Italian Legislative Decree n. 206/2005 (Consumer Code), provides the consumer Buyer with a legal guarantee on all the products purchased for any lack of conformity that occurs within the term of 24 (twenty-four) months from the delivery of the products.
The legal guarantee allows the Purchaser, in case of product conformity defects, to obtain, by contacting the Seller directly, within a reasonable time taking into consideration the nature of the product, the repair (if and as far as possible), the replacement of the product , price reduction or contract termination.
In any case, the use of the product that does not comply with the product’s own and the instructions / warnings provided by the Seller and / or the product manufacturer is not covered by the warranty.
Any report of a product conformity defect must be presented together with proof of purchase of the product by the Seller (tax document / invoice issued by the Seller or payment receipt).
The reporting of a lack of conformity, within the period of 24 months mentioned above, must be sent by the Buyer within and no later than 2 (two) months from the date on which the lack of conformity was found.
The reporting of the lack of conformity must be forwarded by the Buyer to the Seller by e-mail to the address email@example.com
The Seller, through its assistance service, will carry out quality checks to verify the actual non-conformity of the product and will provide feedback to the Buyer via e-mail.
In case of ascertained non-conformity of the product, the Seller will reimburse the Buyer for the shipping costs incurred for the return of the non-conforming product and, at no cost to the Buyer, to repair the product or replace it with a new product ; in this latter case, the non-conforming and replaced product will remain the property of the Seller.
The aforementioned refund will be made by bank transfer to the Buyer. It will be the Buyer’s responsibility to communicate to the Seller, again via firstname.lastname@example.org, the bank details to make the transfer in his favor and to ensure that the Seller is placed in a position to return the amount due.
12.2. The legal guarantee described above, in any case provided to the Consumer Buyer by the Seller, may possibly be accompanied by a further and independent conventional guarantee provided by the manufacturer of the purchased product, regulated according to the specific additional conditions that accompany and are enclosed in the product packaging .ART. 13 – APPLICABLE LAW AND JURISDICTION
13.1. The parties, stipulating the contract pursuant to the preceding art. 2 and of 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, it will 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.