1.The contract concluded between PhytoItalia srl (hereinafter referred to as "Company") and the Customer is considered finalized upon acceptance, even partial, of the order by PhytoItalia srl.
Such acceptance is tacit, unless otherwise communicated to the Customer in any manner. By placing an order through the various methods provided, the Customer declares that they have read all the information provided during the purchasing procedure and fully accepts the general and payment conditions.
2.If the Customer is a consumer (i.e., a natural person purchasing goods for purposes not related to their professional activity), once the online purchasing procedure is completed, they must print or save an electronic copy of these general sales conditions, in accordance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance selling.
3.The Customer has no right to compensation for damages or indemnity, nor any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, arising from the non-acceptance, even partial, of an order.
SCOPE OF APPLICATION
These General Conditions are an integral part of any proposal, purchase order, and order confirmation of the Products marketed in the online store phytoitalia.it, through which the Company PhytoItalia intends to sell its products.
CONTRACT FORMALIZATION
The purchase of the requested Products will be finalized through the following phases: •By sending the order, the Customer submits to phytoitalia.it a purchase proposal for the selected products, expressed online. The sending of the order implies consent (pursuant to Article 10 of Legislative Decree 185/1999) to receive subsequent communications from phytoitalia.it, aimed exclusively at concluding and executing the sales contract. •phytoitalia.it reserves the right not to accept incomplete or improperly filled orders. •phytoitalia.it will confirm, via email, the purchase request, containing information regarding the sales conditions, in accordance with Article 4 of Legislative Decree 185/1999. The order confirmation serves as acceptance of the purchase proposal. •The contract is considered concluded and binding for both parties at the moment the order confirmation is sent to the Customer. •If the Customer's request exceeds the quantity available for an item, phytoitalia.it will accept the purchase only for what is actually available in its virtual warehouse. It will be the responsibility of phytoitalia.it's Customer Service to inform (via phone, fax, or email) the Customer about the future availability of the ordered products.
DELIVERY TIMES AND METHODS
Phytoitalia will deliver the selected and ordered Products to the Customer according to the methods chosen at the time of purchase. In any case, the delivery times, according to the provisions of Article 6 of Legislative Decree No. 185/1999, do not exceed 30 days from the day following the transmission of the order to phytoitalia.it.
The transport of goods is chargeable up to a purchase amount of €120. For orders over €120, the transport of goods is free of charge.
The amount is indicated in the "Shipping Costs" section.
The delivery of the Products is subject to the payment, by the Customer, of the corresponding price using the method chosen from those available on the phytoitalia.it website and illustrated in the "Payment Methods" section. Conditions and delivery terms different from those provided in the General Conditions must be agreed upon in advance between the Customer and phytoitalia.it and accepted in writing (via email).
The fiscal documentation (invoice) is issued by phytoitalia.it upon request and delivered to the Customer at the time of delivery, upon signing the transport document, or electronically by sending an email containing the invoice as an attachment.
PRICES
- All selling prices of the Products indicated on the Site are expressed in Euros.
- Unless otherwise indicated, the prices of the Products include VAT and any other tax.
- The prices of individual Products, indicated on the Site, cancel and replace previous ones.
RESPONSIBILITY OF THE SITE
phytoitalia.it assumes no responsibility for disruptions caused by force majeure of any kind, in the event it is unable to execute the contract within the agreed times. Causes of force majeure include, but are not limited to, measures by Public Authorities, strikes by its employees or carriers used by phytoitalia.it, as well as any other circumstance beyond its control.
CUSTOMER OBLIGATIONS
The Customer agrees, once the online purchasing procedure is completed, to print and retain these General Conditions. The information contained in the General Conditions must be viewed and accepted by the Customer before sending the purchase order, in order to fully satisfy the conditions set forth in Articles 3 and 4 of Legislative Decree No. 185/1999. Acceptance occurs by marking the appropriate space on the site. In the absence of this, the order cannot be executed.
RIGHT OF WITHDRAWAL
The Right of Withdrawal allows the consumer to withdraw, within fourteen working days, from any distance purchase made and receive a full refund of the expenses incurred, without any penalty, as provided by Legislative Decree 185 of 22/05/99, which also includes purchases made online. The only non-refundable expenses will be shipping costs, which remain excluded from the provisions of Legislative Decree 185/99.
It is specified that community regulations provide that the right of withdrawal can only be exercised by natural persons (consumers) acting for purposes unrelated to their commercial activity.
The Right of Withdrawal, therefore, CANNOT be exercised by legal entities and by natural persons acting for purposes related to a commercial activity. Purchases made by resellers or by individuals purchasing for resale to third parties are also excluded from the right of withdrawal. The right of withdrawal does not apply to the supply of foodstuffs which, by their nature, cannot be returned or risk deteriorating or altering rapidly.
After making the purchase, if you wish to exercise the right of withdrawal, you must proceed as follows:
Within 14 days of receiving the goods, send a registered letter with acknowledgment of receipt to: Phytoitalia Srl, via Gran Sasso 37, 20011 Corbetta (MI)
1.Advance the communication via email to info@phytoitalia.it or by calling the number 02 97292427.
2.The operator who receives the call or email will arrange an appointment for the pickup of the package, which MUST contain all the elements as per the previous list.
3.phytoitalia.it, after verifying the integrity of all components of the product and the accompanying elements, will proceed to refund the amount paid, EXCEPT for shipping costs. The refund will occur within 14 days from the above checks.
PAYMENT METHODS
The Customer can pay for the ordered Products by:
1.PayPal for users with a PayPal account.
2.By credit card or prepaid card using the secure PayPal payment circuit for users without a PayPal account.
The actual charge occurs prior to delivery.
OFFERS, PROMOTIONS, AND GIFTS
The offers proposed by phytoitalia.it are valid until stocks of the Products are exhausted and within the purchase limits indicated on the Site. Promotions are not cumulative.
Promotional Products may be delivered in promotional packaging different from that published on the Site.
If the Special Offer promoted by phytoitalia.it includes the sending of a free Product along with one or more purchased Products, the Customer will receive the free Product upon implicit acceptance of it. The offer of the free Product is valid until stocks are exhausted.
No replacement or return is possible for any Products received as a gift by the Customer.
COMPLAINTS
For any complaints, it is possible to contact Customer Service at the number 338 5955820, via email at info@phytoitalia.it
or in writing to Phytoitalia Srl, via Gran Sasso 37, 20011 Corbetta (MI). Within 3 working days from the receipt of the complaint, Customer Service will contact the Customer to indicate the times and methods of handling the complaint.
DISPUTES
Any dispute relating to the application, execution, interpretation, and violation of the contract concluded online by the Customer with phytoitalia.it is subject to Italian jurisdiction. For any dispute between the parties, the Court of Novara is competent.
APPLICABLE LAW AND REFERENCE
The contracts concluded online by the Customer with phytoitalia.it are governed by Italian law. For anything not expressly provided, the applicable legal norms for the relationships and situations provided in the contract concluded online by the Customer with phytoitalia.it apply. Pursuant to Articles 1341 and 1342 of the Civil Code, the Customer declares that they have read carefully and expressly accept these sales conditions.
For communications provided in the General Sales Conditions, the Customer can contact phytoitalia.it in the following ways:Writing to:Phytoitalia Srl, via Gran Sasso 3720011 Corbetta (MI)Email: info@phytoitalia.it
Note: The data provided will be processed in accordance with Legislative Decree 196/2003.