1. General Provisions
These general conditions of sale (hereinafter the "General Conditions") apply to all sales of products (hereinafter "Products" or "Product") purchased through the website Cultivar.it (hereinafter "Site" ).
Your use of the service remote sales described in these Terms and Conditions is reserved exclusively for consumers (hereinafter "Customer" or "Customer"), understood as natural persons acting for purposes which are outside his trade, business or professional activity.
The language offered for the conclusion of the contract is English.
The Customer must read these Terms and Conditions which have been made available on the Site, in order to allow the storage and reproduction by the Client pursuant to art. 12 of Legislative Decree 9 April 2003 no. 70.
Contracts with Cultivar s.r.l. (As defined below) through the Site are governed by Italian law and in particular by Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and Legislative Decree 9 April 2003 no. 70 (hereinafter "Decree Ecommerce").
2. Identification of the seller
The seller is CULTIVAR S.r.l. Via Staffali, 18 37062 Dossobuono di Verona.
VAT Number: 01716880230
3. Information about Products
Information relating to products subject to distance selling through the Site are available, with their product codes, such information on the Site is provided in accordance with Articles 52 and 53 of the Consumer Code.
II product prices are inclusive of all taxes. All prices are expressed in Euro. The shipping costs are the responsibility of the customer, except for any promotions available at this page and shipping costs.
5. Order of Products
The essential features and prices of the products are given in the offer for each product.
Before you submit your purchase order the customer will have the opportunity to correct any errors in data entry by following the appropriate procedure for amendment contained in the Website, in particular, the Customer has the right to modify the quantity of products to be purchased, adding or deleting one or more Products from the "shopping cart".
By placing an order, the Customer acknowledges and states that you have read all the indications provided in the purchasing procedure and accept the Terms and Conditions.
The Customer will have the opportunity to see and track the status of your order through the area "Orders" of your account.
CULTIVAR reserves the right to assess the acceptance of orders received. CULTIVAR inform the Customer is unable to accept any orders received within 30 days from the day following that on which the customer has sent the order to CULTIVAR and will refund any amounts already paid by the Customer for payment for the supply.
6. Methods of payment
The Customer may pay for the products and the shipping expenses by credit card or by bank transfer PayPal.
We accept payments with the following credit cards:
The transaction will be charged to the credit card of the customer only after:
a) the data have been verified credit card,
b) has been received the debit authorization by the company issuing the credit card used by the Customer and
c) it has confirmed the availability of the Product by CULTIVAR.
CULTIVAR also accepts payments made by bank transfer. Any bank charges will be borne by the customer.
In the event that, for whatever reason, payment of the amounts owed by the Customer is not practicable, the sales process is automatically canceled and the sale canceled automatically.
In accordance with the provisions of art. 53 of the Consumer Code, the customer receives at the time of the contract, by e-mail, confirmation of receipt of the order submitted by the Customer, containing a summary of the General Conditions of the essential characteristics of the product ordered of its price, the amount paid, the existence of the right of withdrawal - with an indication of the times and conditions for the return of the goods - the geographical making any complaints and information about support services and existing commercial guarantees.
8. Ineffective enforcement
No contract shall be concluded between the customer and if CULTIVAR has reasonable grounds to believe that the customer does not operate on the basis of a real and genuine interest in the purchase of products ordered, or performs improperly recognized by the right of withdrawal .12 that follows. In such cases, the order submitted by the Customer shall be of no effect whatsoever. CULTIVAR will send to the Customer, via e-mail, a notice stating the failure to conclude the Agreement, also taking care to rule out any charges and / or expenses charged to the customer.
9. Transport and delivery
The Products purchased on the Site will be sent to the address indicated by the customer. The customer has in any case the right to demand delivery of the goods to a person of his choice, whose residence or domicile is within the Italian territory. At the time of delivery will require the signature of an adult over the age of 18. Deliveries can not be made to PO boxes.
For each order completed on Site, CULTIVAR issue an invoice for the shipped Products, sending it via e-mail or registered mail to the Customer, in accordance with Presidential Decree 445/2000 and Legislative Decree no. 52/2004. For the issuance of the invoice Cultivar will refer to the information provided by the Customer. No change in the bill will be possible after the issuance thereof.
Delivery costs are payable by the Customer and are clearly indicated on the Site and in the order form.
All purchases will be delivered by express courier service selected by the customer during the purchase of those proposed by CULTIVAR (hereinafter, "Courier") from Monday to Friday, except national holidays and festivities. CULTIVAR is not responsible for unpredictable delays.
CULTIVAR send the customer an e-mail confirmation once shipped products, which will be given the tracking number of the shipment through which you can view, after inclusion on the website of Corriere della Sera, the status of the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Products will be delivered within a maximum period of 30 (thirty) days from the day following that on which the customer has sent the order to CULTIVAR, CULTIVAR does not communicate unless - within the same period, by e-mail - the inability to deliver the goods ordered due to sudden and temporary unavailability of the Products. In the event of such communication, CULTIVAR will refund any amounts already paid by the Customer for payment for the supply. In the event that, in the face of communication CULTIVAR of a delay in the delivery date, the Customer wishes to cancel the order, any amount paid by the same shall be refunded as soon as possible, but no later than 30 (thirty) days from the day following that on which the customer has sent the order to CULTIVAR.
For delivery of goods requires the presence of the customer or his representative at the address indicated in the order. At the time of the delivery by the Courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and the package is intact or altered. Damage to pack and / or to the Products or the mismatch in the number of packages must be immediately notified by reserves of writing on the proof of delivery courier. Once signed the Courier's transportation document, the Customer may not oppose objection on the external characteristic of the delivered package.
10. Right of withdrawal
Under Articles. 64 and ss. of the Consumer Code (Legislative Decree 2005/206), the customer is entitled to withdraw from the purchase contract for any reason, without explanation and without penalty.
To exercise this right, the customer must send CULTIVAR notice within 10 working days of receipt of the goods. Such notice shall be sent by registered letter with acknowledgment of receipt, addressed to:
CULTIVAR S.r.l. Via Staffali, 18 37062 Dossobuono di Verona
Or by telegram or fax (+39 045 986744) sent within the above stated period of 10 days and followed by a confirmation by registered letter with acknowledgment of receipt. Once such notice of termination, the Customer Service cultivar.it will inform the customer instructions on how to return the goods which must be received in our warehouse within 10 days from authorization.
The right of withdrawal is subject to the following conditions:
1. The law applies to product purchased in its entirety, it can be exercised only on the withdrawal of the product.
2. By law, the shipping costs for return of the goods shall be borne by the customer.
3. The expedition, until the certificate of receipt in our warehouse is under the responsibility of the customer.
4. CULTIVAR is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
5. If the goods are damaged in transit, CULTIVAR will inform the customer (within 5 working days of receipt of the goods in their stores), to enable him to file a complaint against the carrier of his choice and to obtain reimbursement of the value the good (if insured). In this case, the product will be made available to the customer for his return while canceling the request for withdrawal.
CULTIVAR refund the customer the full amount paid within 30 days of return of goods, by transfer of the amount charged to the credit card or by bank transfer. In the latter case, the Buyer shall provide the bank details for the refund (ABI - CAB - Account of the invoice).
The right of withdrawal is lost for lack of the essential integrity of the good (box and / or its contents), where CULTIVAR finds:
a. The lack of external and / or wrapper containing the product purchased (eg pasta, cookies, etc. ..)
b. Damage to the product for reasons other than transportation.
In case of forfeiture of the right of withdrawal, CULTIVAR will return to sender the property purchased by charging the same shipping.
CULTIVAR is intended to give customers the possibility of replacing the Products purchased through the Site
To obtain the replacement of a product should follow the procedure set out below.
The customer is not fully satisfied that must keep all documents relating to the delivery and the Product in its original packaging and contact CULTIVAR by e-mail at the following address: firstname.lastname@example.org.
The product to be replaced must be received, in normal condition, to the following address: Via Staffali, 18, 37062 Dossobuono (VR). The execution of the new order is subject to availability of the Products required.
The shipping costs for returning the product shall be borne by the customer.
The replacement product will be sent to you via UPS without charging additional shipping costs.
12. Lack of conformity
In case of lack of conformity of products sold by CULTIVAR by Cultivar.it, the Customer shall immediately contact the e-mail email@example.com
The sale of products are subject to the legal safeguards provided for in Articles 129, 130 and 132 of the Consumer Code. The customer has the right to repair, without charge, the conformity of the goods by repair or replacement or to have an appropriate reduction of the price or rescission of the contract. The customer will lose these rights, fails to notify a CULTIVAR the lack of conformity within two months from the date on which he discovered the defect. Direct action to assert defects fraudulently concealed by CULTIVAR is prescribed, in any case, within a period of twenty-six months from delivery.
The information provided on this site relating to the Products are constantly updated. However it is not possible to guarantee the complete absence of errors.
CULTIVAR reserves the right to correct any errors, inaccuracies or omissions, including after an order has been sent and also to change or update information at any time without prior notice.
14. Applicable law and jurisdiction
These Terms and Conditions are governed by Italian law and shall be interpreted in accordance with Italian laws.
For disputes arising from the interpretation, validity and / or execution of these General Conditions the territorial imperative is that of the court of the place of residence or domicile of the consumer, if located in Italian territory.
For more information please write to the following e-mail: firstname.lastname@example.org