Terms & Conditions
GENERAL CONDITIONS OF ONLINE SALE (THROUGH THE WEBSITE GIARDINOSEGRETO.IT)
SP of Berlai Riccardo Sas with registered office in Via della Madonna, 24 24040 Lallio (Bergamo) ITALY, VAT and Tax Code. 03992740161, REA BG - 426178 pec: spsas@pec.buffetti.it offers all consumer users the opportunity to purchase online products with the Giardino Segreto brand (hereinafter the "Products"), offered for sale through the website www.giardinosegreto.it (hereinafter the "Site") of which SP di Berlai Riccardo Sas is the exclusive owner.
1. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
1.1 SP di Berlai Riccardo Sas is the exclusive owner of the “Giardino Segreto” trademark. The contents of the Website such as, as an indication but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material , in any format, published on the Website, including menus, web pages, graphics, colors, patterns, tools, fonts and website design, diagrams, layouts, methods, processes , the functions and the software that are part of the Website are protected by copyright and any other intellectual property right of SP di Berlai Riccardo Sas. It is forbidden to copy, reproduce, transfer, publish or distribute in whole or in part, in any form, of the Website and its contents, without the prior express written consent of SP di Berlai Riccardo Sas
1.2 SP di Berlai Riccardo Sas has the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Website and its contents.
1.3 You are authorized to view the website and its contents and to carry out all other acts of temporary reproduction, with no economic significance, transitory or ancillary, an integral and essential part for viewing and browsing the Website and its contents. You are not authorized to make any reproduction, on any medium, in whole or in part of the Website and its contents. Any act of reproduction must be, from time to time, authorized by SP di Berlai Riccardo Sas and must in any case be performed for lawful purposes and in compliance with copyright and other intellectual property rights of SP di Berlai Riccardo Sas
2. GENERAL PROVISIONS - APPLICABILITY OF THE GENERAL CONDITIONS OF SALE
2.1 These general conditions of sale (hereinafter "General Conditions") govern, constituting an integral part of them, all distance selling contracts concluded through the Site, between the company SP di Berlai Riccardo Sas with registered office in Via della Madonna, 24 24040 Lallio (Bergamo) ITALY, VAT and Tax Code. 03992740161, REA BG - 426178 and the consumer (the "Customer"), in accordance with the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and the rules on electronic commerce (Legislative Decree no. 70 / 2003 and subsequent amendments).
2.2 The General Conditions and pre-contractual information (pursuant to art.49 of the Consumer Code and pursuant to art.7 of Legislative Decree 70/2003), as provided by SP di Berlai Riccardo Sas and reported on the Site , will remain valid and effective until they are modified and / or integrated by SP di Berlai Riccardo Sas Any changes and / or additions to the General Conditions and to the pre-contractual information will be effective from the date on which they will be published and will apply to sales made from from that date. The latest updated version of these General Conditions is the one available on the Site.
2.3 The Customer declares and guarantees: (i) to be a consumer, in accordance with the provisions of article 3 of the Consumer Code; (ii) to be of age; (iii) that the data provided by the same for the execution of the Contract are correct and truthful.
3. METHOD OF CONCLUSION OF THE CONTRACT
3.1. The Contract is considered correctly concluded with the transmission, by SP di Berlai Riccardo Sas, to the e-mail address provided by the Customer, of a confirmation email (hereinafter "Order Confirmation") of the purchase order of the Customer, made through the Site according to the procedures set out in the following article 2.2 (hereinafter the "Order"). Please note that the system is not able to detect errors in reference to the data entered by the Customer in the field dedicated to the addresses for billing and shipping.
3.2 . Before transmitting his Order, the Customer must read the pre-contractual information provided by SP di Berlai Riccardo Sas and these General Conditions, accepting the latter by affixing a flag in the indicated box. In particular, the Customer may proceed with the Order in the following ways:
- Registered customer: by entering their login credentials (username and password) in the "Login" section.
- Unregistered customer: by entering the required data in the appropriate form, necessary to make the purchase, by accessing the "Register" section.
3.3 . The Order Confirmation will summarize the Customer data, the Order number, the Products purchased, the price of the Products purchased, the delivery costs and the delivery address to which the Products will be sent, and will contain the link to download and file a copy of these General Conditions (as required by art.51 paragraph 1 of the Consumer Code). The Customer undertakes to carefully verify the correctness of the Customer's personal data and the Order data summarized in the Order Confirmation and to promptly notify SP di Berlai Riccardo Sas of any corrections to be made. The Order number indicated in the Order Confirmation must be used by the Customer in any communication with SP di Berlai Riccardo Sas. It is possible that occasional non-availability of the Products offered may occur; in this case, if the Products chosen by the Customer are not, in whole or in part, available, SP di Berlai Riccardo Sas will notify the Customer.
4. PRICES AND SHIPPING COSTS
4.1 All sales prices of the Products offered for sale on the Site (hereinafter the "Price / s"), are expressed in Euro and include VAT and all other taxes.
4.2 Unless otherwise indicated through the Site at the time of the Order, the shipping and delivery costs, not included in the Price, are charged to the Customer. These costs, which will depend on the delivery address requested by the Customer, as well as any additional accessory costs not included in the Price, will be adequately calculated and indicated at the time of the conclusion of the purchase procedure, before placing the Order and carrying out the order. payment.
4.3. Shipping costs amount to € 8, with free shipping for orders over € 100.
5. METHOD OF PAYMENT AND BILLING
5.1 Any payment by the Customer can only be made using the methods indicated on the Site, in the "Payment methods" section. Unless otherwise indicated at the time of the Order, the Customer will be allowed to choose one of the following payment methods: credit card, prepaid card, bank transfer, PayPal, or any other means of payment indicated on the Site from time to time by SP DI BERLAI RICCARDO SAS. No commissions will be applied to the Client for any chosen payment method.
5.2 The actual debit will take place at the time of sending the Order Confirmation by SP di Berlai Riccardo Sas. The communications relating to the payment and the data communicated by the customer when this is done take place on special protected lines. The security of payment by credit card is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
6. DELIVERY OF PRODUCTS
6.1 SP DI BERLAI RICCARDO SAS will deliver the Products to the address indicated by the Customer in a period of time that can go between 2 (twenty) and 10 (thirty) days from the Order Confirmation and, in any case, within the terms indicated in the Order Confirmation. The expected delivery time may vary from Product to Product. During national holidays, deliveries may be subject to delays due to the closure of the factory. Any variation in delivery times, compared to the times indicated in the Order Confirmation, will in any case be communicated to the Customer by e-mail.
6.2 At the time of shipment of the Products, the Customer will receive an e-mail to the e-mail address indicated at the time of the Order containing the tracking number with which to monitor the progress of the delivery.
6.3 If the Customer does not receive the Products or the shipment suffers undisclosed delays, the Customer can contact the Customer care at commercial@giardinosegreto.it
6.4. If the contents of a shipment are returned due to non-delivery, SP di Berlai Riccardo Sas will notify the User of the methods and the additional amount to be paid to make a new delivery attempt. The goods will be shipped upon receipt of payment, which must be made within 30 days of notification. After this period, the goods and payments will be withheld by SP di Berlai Riccardo Sas as reimbursement of expenses.
7. RIGHT OF WITHDRAWAL - REFUNDS
7.1 The Customer may exercise the withdrawal from the stipulated contract, without any penalty and without the obligation to specify the reason, within 14 (fourteen) days from the date of receipt of the Products.
7.2 It is not possible to cancel an order for personalized products. Customized products are products that are totally or partially different from the products on our Website at the time of the order.
It is not possible to exercise the right of withdrawal for products made to measure and customized in whole or in part, for which art. 59 letter c) of the Consumer Code (“Exceptions to the right of withdrawal”) in derogation from articles 52 to 58 of the same Code.
7.3 The user who wishes to exercise the right of withdrawal relating to a purchase concluded through the SP di Berlai Riccardo Sas Website and who wishes to exercise the right of withdrawal for products purchased on this Website, must follow the following procedure:
a) notify in writing to info@giardinosegreto.it within fourteen (14) working days of receipt of the products your request for cancellation of the order, indicating: 1 - the order number; 2 - the description of the items to be returned; 3 - the reason for the return (this eventual information will help us to render you a better service in the future).
b) make sure that the products to be returned have not been used, washed, damaged or otherwise modified in their characteristics;
c) ensure that the identification tag is still attached to the products;
d) return the products intact and in their original packaging;
e) in the event that more products are part of the same order, they must be returned in a single shipment;
f) returned products must be returned within fourteen (14) working days from the date of receipt, to SP di Berlai Riccardo Sas Via della Madonna, 24 24040 Lallio (Bergamo) ITALY
g) the return of the goods must be insured and take place by courier, since Sp di Berlai Riccardo Sas will not accept responsibility for goods not received or damaged during shipment. The order number must be indicated in the transport documents. For receipt, the signature on the delivery document will be valid;
h) the costs for returning the goods are charged to the customer.
Only unused and undamaged products will be accepted by SP di Berlai Riccardo Sas. Products that have been modified in any way will not be accepted. SP di Berlai Riccardo Sas reserves the right to refuse withdrawal and not to reimburse if the Product shows evident signs of use or damage or modification.
7.4 Without prejudice to the right to verify compliance with the above, SP di Berlai Riccardo Sas will refund the amount paid by the Customer for the Products subject to the withdrawal within a maximum period of 14 (fourteen) days from receipt of the goods, time necessary to check the returned Products; the amount paid by the Customer will be re-credited with the same payment method used at the time of purchase where possible. Otherwise, the Customer must communicate in writing the bank details on which he wishes to receive the refund.
7.5 If the methods and terms specified above are not respected, the customer will not be entitled to a refund. In this case, SP di Berlai Riccardo Sas will ask the customer to collect the goods by courier, in the state in which they were returned, at SP di Berlai Riccardo Sas Via della Madonna, 24 24040 Lallio (Bergamo) ITALY.
The products will remain available for collection up to 30 days from the date of notification. After this period, SP di Berlai Riccardo Sas reserves the right to keep the products, in addition to the sums already paid for their purchase, as a reimbursement for the costs caused by the return procedure.
7.6 Customs and sales taxes are not refundable by Sp di Berlai Riccardo Sas; however, the user is able to recover these amounts by contacting the competent customs office directly.
8. LEGAL CONFORMITY GUARANTEE - LIMITATIONS
8.1 Each Product supplied by SP di Berlai Riccardo Sas is made according to a specific non-industrial production process, but ARTISAN, that is, made one at a time. Therefore, a variation tolerance of 3% on the measurements of the Product made with respect to the measurements chosen by the Customer is envisaged and allowed. SP di Berlai Riccardo Sas undertakes to describe and present the Products sold through the Site in the best possible way, with a photographic representation as realistic as possible. Nevertheless, due to the digital rendering of the images on the web, the various light settings of the screens or other external conditions, it is possible that the representation of the Online Products is not completely compliant with reality and / or that the colors are not completely faithful. . The photographs of the Products presented on the Site therefore do not constitute a contractual element, as they are only representative and indicative. By proceeding with the Order, the Customer accepts that there may be small discrepancies in this regard.
8.2 In case of receipt by the Customer of a Product that does not comply with the Order pursuant to the Consumer Code, the Customer has the right to restore the conformity of the Product without charge by repairing or replacing the purchased Product.
8.3 The Customer must report the non-conformity of the purchased Product by sending a written communication to SP di Berlai Riccardo Sas by e-mail to the address info@giardinosegreto.it or by registered letter to the SP di Berlai Riccardo Sas office illustrating the non-conformity complained and attaching 3 (three) photos of the Product (seen from the front, side, back) so that the defect is clearly visible. The Product will be viewed by Berlai Riccardo Sas SP staff who, if the Product is actually non-compliant, will notify the Customer of any authorization to return.
8.4 Any Product returned without following the above procedure will not be accepted and will be returned to the sender. Therefore, returns will not be accepted without prior communication by email info@giardinosegreto.it or by registered letter with return receipt to the following address: SP di Berlai Riccardo Sas Via della Madonna, 24 24040 Lallio (Bergamo) ITALY.
8.5 Under the aforementioned conditions, and provided that SP di Berlai Riccardo Sas has communicated the return authorization to the Customer, the Product must be returned intact (i.e. unused and complete with all original packaging and accessories) together with the approved Return Form to:
SP of Berlai Riccardo Sas Via della Madonna, 24 24040 Lallio (Bergamo) ITALY.
For information: info@giardinosegreto.it or +39 392/9744381
8.6 Once the above conditions are met, the Customer has the right to the remedies referred to in Article 130 of the Consumer Code. Only if the repair and replacement are impossible or excessively onerous, or SP di Berlai Riccardo Sas has not repaired or replaced the Product within the term identified by SP DI BERLAI RICCARDO SAS and, from time to time, indicated to the Customer, the Customer may request, at his choice, an appropriate price reduction or the termination of the contract. In case of termination of the contract, SP di Berlai Riccardo Sas will refund the entire amount paid by the Customer, excluding shipping costs.
9. LIMITATIONS OF LIABILITY
9.1 SP di Berlai Riccardo Sas assumes no responsibility for disservices attributable to force majeure, in the event that it fails to execute the Order within the times provided for in the Order Confirmation.
9.2 SP di Berlai Riccardo Sas cannot be held responsible towards the Customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3 SP di Berlai Riccardo Sas will also not be responsible for damages, losses and costs incurred by the Customer following the failure to execute the sales contract for reasons not attributable to SP di Berlai Riccardo Sas, since the Customer is only entitled to the full refund of the price paid.
9.4 SP di Berlai Riccardo Sas assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, prepaid cards and other means of payment, upon payment of the Products purchased on the Site , if he proves that he has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
10. JURISDICTION
10.1 These General Conditions of sale and the contract concluded on the basis of these General Conditions are subject to Italian law.
10.2 Any dispute relating to the application, execution, interpretation and violation of these General Conditions of sale and of the contract concluded on the basis of these General Conditions will be the responsibility of the Court of Bergamo.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these General Conditions of sale and the contract concluded by accessing the following site : https://webgate.ec.europa.eu/odr, as better illustrated in the section
11. TREATMENT OF PERSONAL DATA
Customer data are processed by SP di Berlai Riccardo Sas in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the appropriate section "Privacy Policy" and "Cookie Policy".