ARTICLE 1 - OWNERSHIP, SUBJECT AND APPLICABLE LAW
The website aeroponicaperrotta.it (hereinafter "Site") is owned by Aeroponica f.lli Perrotta Società Agricola srl, with registered office in Via Anfiteatro Marmoreo 56 80035 - Nola (Na) PI IT07557371213 and is aimed at the wholesale (b2b9 of products and services on line.
To use the services offered, it is necessary to create an account by registering on the Site. The Customer is required to keep his account and password confidential, as well as to control access to his electronic devices; he is also responsible for any activity carried out with his own account.
These general conditions of sale govern the sale of products and services on the Site in the version published at the time of the order.
These General Conditions of Sale together with the conditions regarding the payment and shipping methods, form an integral part of the sales contract concluded between the Customer and Aeroponica Perrotta.
Aeroponica Perrotta does not sell products to minors, who can proceed with the purchase of products only by involving a parent or guardian; the Customer assumes all responsibility resulting from any untrue information in this regard.
Aeroponica Perrotta invites the Customer to carefully read these General Conditions of Sale before proceeding with any purchase, to print them or in any case to keep a copy.
By making any purchase according to the methods provided on the Site, in the "Customer Support" section, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions of Sale, payment and delivery.
1.3 APPLICABLE LAW
The contract for the sale of products and services concluded through the Site is governed by these general conditions of sale as well as, as applicable, by the provisions of Legislative Decree 6 December 2005 n. 206 ("Consumer Code"), Of Legislative Decree 9 April 2003 n. 70 on electronic commerce and the Civil Code, although not expressly provided for here.
These general conditions of sale apply to orders for products and / or services on the Site, in the version published at the time of the order.
ARTICLE 2 - PURCHASE METHOD AND CONCLUSION OF THE SALES CONTRACT
2.1 OFFER OF PRODUCTS AND SERVICES ON THE SITE
The presentation of products and services that can be purchased through the Site constitutes an invitation to offer and the order sent by the Customer through the Site is valid as a contractual purchase proposal (hereinafter: "Order"), Subject to confirmation or acceptance by Aeroponica Perrotta as described below.
The characteristics of the products and services offered on the Site are described in the specific technical information sheets published on the Site at the time of the Order. Aeroponica Perrotta points out that the technical data sheets may sometimes contain errors as provided for in paragraph 3.2 below. The Customer is invited to read these cards which are considered accepted in the event of the Order being issued, paying particular attention to the availability of the product of interest and its characteristics, evaluating its relevance and essentiality for the purpose of choosing the product and the Order. Indeed, some products may not always or immediately be available, although present on the Site, and some products may be available in different colors or with different characteristics. For this reason, the information sheet of each product indicates whether the selected product is:
- "available": It means that the product is physically present in the warehouse, except in cases where, due to exceptional and unforeseeable events, the product is unsaleable because it is missing or damaged at the time of withdrawal from the warehouse and there are no other identical products that can be delivered.
The Customer can then proceed immediately with the purchase of the product, by sending the Order, according to the methods indicated on the Site.
- "orderable after checking availability": It means that the product is not physically present in the main warehouse, but Aeroponica Perrotta reserves the right to check its availability in other warehouses.
In the latter case, the Customer can still send the Order, but the same will be accepted only in the event of a positive outcome of the product availability check as better described below.
Aeroponica Perrotta undertakes to carry out this verification within 3 (three) Business Days from receipt of the Order with the effects set out below.
- "unavailable": In this case the product cannot be ordered by the customer and, if he so desires, he can leave his e-mail address to be notified if the product becomes available again;
2.2 PURCHASE ORDER AND RELEVANT ACCEPTANCE
When the purchase order is placed, the Customer has the possibility to choose the Payment and Delivery Method he prefers. The Customer's purchase order will therefore be considered as a contractual purchase proposal addressed to Aeroponica Perrotta for the products listed, each considered individually. Upon receipt of the purchase order, Aeroponica Perrotta will automatically send an email confirming that it has taken charge of the order itself ("Taking Order"). The Acceptance of the Order does not constitute acceptance of the Customer's purchase proposal. By sending the Order Acceptance, Aeroponica Perrotta only confirms that it has received the order and has submitted it to the process of verifying the data, the availability of the products requested by the Customer and the payment according to the method chosen by the Customer. The Customer undertakes to verify the correctness of the data present in the e-mail confirming the Acceptance of the Order and to promptly report any system errors to Aeroponica Perrotta.
The order confirmation e-mail contains the following data:
- Order number and date
- Product (s), quantity, price
- Payment type chosen
- Cost of Transportation
- Total order amount
2.3 CONCLUSION OF THE SALES CONTRACT
In the case of "available", The Customer's Order will be considered automatically accepted by Aeroponica Perrotta once the e-mail confirming receipt of the Order is sent to the Customer which will therefore also be valid as acceptance of the Customer's purchase proposal referred to in 'Order with consequent conclusion of the sales contract. After the aforementioned confirmation e-mail, Aeroponica Perrotta will proceed with the shipment of the product purchased by the Customer in the times and methods summarized in the Order acceptance e-mail and on the basis of what is indicated in these general conditions of sale.
In the case of product (s) "orderable after checking availability"), Within 3 Working Days following receipt of the Order, Aeroponica Perrotta will send the Customer a second e-mail (different from and subsequent to the confirmation of receipt of the Order) communicating the outcome of the verification of availability of the product object of the Order:
- Successful: In the event of a positive outcome of the product availability check, Aeroponica Perrotta will send the Customer an e-mail with which it communicates that the product is available. Only at this point will the Order be considered accepted and the contract concluded.
- Negative result: In the event of a negative outcome of the product availability check, Aeroponica Perrotta will send the Customer an e-mail with which it will communicate that the product is not available and that the Order cannot be accepted. This communication is immediately followed by the cancellation of the payment authorization or, if necessary, the full refund of any price already paid by the Customer at the time of sending the Order, according to the payment method previously used by the same Customer. . The timing of reimbursement visibility does not depend on Aeroponica Perrotta, which cannot therefore be considered in default or responsible for delays in refunds attributable to the credit institution or Paypal.
In the event that the Order concerns both products "available"What products"can be ordered after checking availability" (below "Mixed Order"), The entire Mixed Order will be treated as an Order relating to products" orderable after checking availability ". Therefore, no contract can be said to be concluded with the Customer, not even with reference to the products "available"Until the entire Order is accepted by Aeroponica Perrotta.
- Mixed Order Failure: in the case of a Mixed Order, Aeroponica Perrotta will send the Customer an e-mail with which it will inform him of the negative outcome of the availability check and his right to choose whether to proceed with the purchase of only the available product or whether to cancel the entire Mixed Order. In the absence of instructions from the Customer within 3 days from the date of the Aeroponica Perrotta communication, the entire Mixed Order will be canceled and, at the same time, the full refund of any price already paid by the Customer at the time of delivery. '' dispatch of the Order, according to the payment method previously used by the same Customer. ..
Aeroponica Perrotta, due to the nature of the internet, cannot guarantee uninterrupted access and the absence of errors in the transmission of services. Furthermore, access to the Site and / or to the services offered by Aeroponica Perrotta may occasionally be suspended or limited to allow for repairs, maintenance or the introduction of new products or services. Aeroponica Perrotta will attempt to limit the frequency and duration of such suspensions and / or limitations.
Until the moment in which the Order Confirmation email is not sent, Aeroponica Perrotta will not be responsible for any delay or non-fulfillment (including the cancellation of taking charge of the order) to the obligations provided for in these General Conditions of Sale and in the Procedures of Payment and Delivery, if the delay or non-fulfillment derives from unforeseeable circumstances or due to force majeure. This provision does not affect the Customer's rights provided for by law and in particular the Customer's right to receive the purchased products within a reasonable time or to be reimbursed in the event of non-delivery due to circumstances arising from unforeseeable circumstances or due to force majeure. .
2.4 UPDATES REGARDING THE STATUS OF THE ORDER
In addition to the updates that may be sent by Aeroponica Perrotta by e-mail, the Customer can check the status of his Order at any time also in the dedicated section of the Site.
ARTICLE 3 - PRICES AND CHARACTERISTICS OF THE PRODUCTS
The prices of the products presented on the Site and indicated in the technical data sheets of each product include VAT.
The price of the products and / or services indicated on the Site and viewable by the Customer at the time of choosing the product and / or service will be the one in force at the time the Customer sends the Order and will correspond to the purchase price. of the product.
Without prejudice to all the foregoing, Aeroponica Perrotta reserves the right to change at any time, at its sole discretion and without notice, the price of the products and / or services on the Site.
Aeroponica Perrotta therefore does not provide any guarantee as to the fact that the selling price of the products or services will remain unchanged for a certain period of time.
For the avoidance of doubt, it is specified that any price change (both up and down) will not affect Orders already placed by the Customer prior to the date of entry into force of the price change. In any case of non-acceptance of the Order or cancellation of it, Aeroponica Perrotta does not guarantee that the price of the product will remain the same in the next Order that the Customer may subsequently carry out.
If, due to misunderstandings or other inconveniences attributable to the operation of the IT systems, a price other than the actual one is indicated by mistake ("Obstruction error"), Aeroponica Perrotta will contact the Customer to verify whether he still wishes to purchase the product at the correct price, as, otherwise, the order cannot be processed.
3.2 DESCRIPTION OF THE PRODUCTS
Each technical data sheet of the products presented on the Site, containing the description of its functions and characteristics (size, color, equipment, etc.), is drawn up by the Producer of the goods themselves and / or by third parties specialized in the preparation of the product data sheets.
Aeroponica Perrotta, therefore, has no responsibility for any errors and / or inaccuracies in the technical data sheets, nor for any lack of correspondence between the description of the product and the actual functions and characteristics of the same.
The images and photos used to accompany the product data sheets are purely indicative and may not be perfectly representative of the characteristics of the goods, as they may differ in color, size or accessories.
By submitting the Order, the Customer expressly accepts the foregoing.
ARTICLE 4 - PAYMENT
In relation to the accepted payment methods and payment security, please refer to the appropriate section on the Site "Terms of payment"
ARTICLE 5 - DELIVERY OF PURCHASED PRODUCTS
In relation to the shipping methods, times and costs, please refer to the appropriate section on the Site "Shipping methods"
ARTICLE 6 - WARRANTY
In accordance with the legislation in force, the warranty regime on products sold by Aeroponica Perrotta changes according to whether the buyer is a consumer customer or a professional customer: in the first case, the legal guarantee of conformity (hereinafter, "Legal Guarantee") Pursuant to the Consumer Code; in the second, the guarantee for defects in the thing sold governed by the Civil Code.
6.1 PROFESSIONAL CUSTOMER
The product purchased by the professional customer (i.e. a natural or legal person acting in the exercise of his business, commercial, craft or professional activity, or his intermediary) is covered by the guarantee for defects in the thing sold pursuant to art. 1490 and ss. of the Civil Code.
The action of the professional Customer aimed at enforcing this guarantee expires 1 year from the delivery of the purchased product and the relative defects must be reported within the terms set out in art. 1495 of the Civil Code.
6.2 CONSUMER CUSTOMER
The product purchased by the consumer customer is covered by the legal guarantee for consumer goods as governed by articles 128 and ss. of the Consumer Code and, although not expressly provided for therein, by articles 1490 and ss. of the Civil Code on the sales contract.
The Legal Guarantee applies and works at the expense of the seller in the event that the product presents defects of conformity, provided that these defects manifest themselves within 24 months from the date of delivery of the goods to the Customer and reported by the latter within 2 months from the date of discovery of defects, in accordance with art. 132 of the Consumer Code.
There is a lack of conformity when the product: (i) is not suitable for the use to which it must normally be used; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performances of an asset of the same type; (iv) it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.
6.3 REMEDIES AVAILABLE TO THE CONSUMER CUSTOMER
Pursuant to art. 130 of the Consumer Code, in the presence of a lack of conformity, the Customer can request the repair of the product or its replacement at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other according to the provisions of art. . 130 paragraph 4 of the Consumer Code.
In particular, one of the two remedies is to be considered excessively burdensome if it imposes unreasonable expenses on the seller compared to the other, taking into account: (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) of the possibility that the alternative remedy can be carried out without significant inconvenience for the Customer.
In order to make the after-sales assistance service of a high level and absolutely transparent, Aeroponica Perrotta undertakes, on a voluntary basis, to have the defective product repaired or replaced within a maximum period of 40 (forty) days from the request for warranty service.
The Customer may also request an appropriate price reduction or termination of the contract at his choice, if one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) Aeroponica Perrotta has not repaired or replaced the product within the term of 40 (forty) days from the request for assistance under the warranty; (iii) the replacement or repair previously carried out has caused significant inconvenience to the Customer.
Upon receipt of the complaint of the lack of conformity and provided that the reported defect exists and is technically ascertained, Aeroponica Perrotta can offer the Customer any other remedies available with the following effects: (i) if the Customer has already requested a specific Aeroponica remedy Perrotta remains obliged to implement it with the necessary consequences in relation to the expiry of the aforementioned 40-day term, unless the Client accepts the proposed alternative remedy; (ii) if the Customer has not already requested a specific remedy, he can accept the proposal or reject it by choosing another of the remedies provided by law.
In any case, the minor lack of conformity for which it is not possible or excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
6.4 CASES OF EXCLUSION OF THE LEGAL WARRANTY
In compliance with the provisions of the Consumer Code and the applicable Civil Code, the Legal Guarantee is excluded if one of the following hypotheses occurs: (i) the product has been repaired, tampered with, delivered for a technical examination or altered by persons other than the manufacturer, by Aeroponica Perrotta or any other authorized person (eg technical assistance centers not authorized by the manufacturer); (ii) the alleged lack of conformity of the product has appeared beyond the term of 2 years from delivery of the product itself and / or the related request for repair or replacement of the defective product has been sent after 2 months from the discovery of the defect; (iii) the alleged defect is due (in whole or in part) to bad and / or improper use / storage / maintenance or installation - by the Customer or by persons other than the manufacturer, Aeroponica Perrotta or any other authorized person - / or is due to non-compliance with the instructions provided by the manufacturer and present for example in the product user manual or other instructions provided by Aeroponica Perrotta together with the products delivered; (iv) at the time of conclusion of the contract, the Customer is aware of the defect and could not ignore it with ordinary diligence; (v) the lack of conformity derives from instructions or materials provided by the Customer.
6.5 HOW TO ACTIVATE THE LEGAL GUARANTEE
The Legal Guarantee must be asserted directly against Aeroponica Perrotta with the following tools: (i) by telephone, by contacting Customer Service at 3924734646; (ii) by e-mail, by writing to the address firstname.lastname@example.org; (iii) online, by filling in the appropriate form available on the Site. The staff will provide the Customer with all the necessary information regarding the conditions and procedures for the use of the Legal Guarantee.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Sales of products via the Internet are governed by articles 45 to 67 of Legislative Decree 206/2005 (Consumer Code). This legislation provides in favor of the consumer the right to withdraw from contracts or contractual proposals, guaranteeing him the right to return the purchased product and to obtain reimbursement of the expenses incurred.
The Customer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the products, i.e .:
- In the absence of the original packaging.
- In the absence of integral elements of the product (accessories, cables, instruction manuals, etc.)
The right of withdrawal is reserved exclusively for consumers (natural persons who purchase goods not for purposes related to their professional, commercial or entrepreneurial activity), therefore it cannot be exercised by legal persons and by natural persons acting for purposes related to the activity. professionally carried out.
The costs of returning the product are charged to the customer.
7.1 RIGHT OF REFUND
Pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract within 14 (fourteen) days from receipt of the product at his address without any penalty and without having to provide any reasons.
In the case of separate delivery of several products, ordered by the Consumer Customer with a single Order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day on which the last good is delivered.
The costs of returning the product are charged to the customer.
7.2 METHODS AND TIMES FOR EXERCISING THE RIGHT OF WITHDRAWAL
The Consumer Customer can communicate the desire to withdraw from the contract by filling in and sending the standard form compliant with Part I of the Legislative Decree 21/2014, available on the Site in the section customer service, or by submitting any explicit declaration to this effect in one of the following ways:
- online, by filling in the withdrawal form on the Site in the customer care section
- or by email or by registered letter with acknowledgment of receipt to the addresses referred to in art. 9 below.
Aeroponica Perrotta will confirm to the Customer - via e-mail to the e-mail address communicated during the purchase procedure on the Site - the receipt of the declaration of withdrawal exercised by providing the instructions to proceed with the return of the product (s).
The Customer has a period of 14 (fourteen) days to withdraw.
7.3 EXCLUSION OF THE RIGHT OF WITHDRAWAL
In compliance with the provisions of art. 59 of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal in the cases referred to in the same article 59.
7.4 OBLIGATIONS OF THE CONSUMER IN CASE OF WITHDRAWAL
Within 14 days from the day on which the Consumer Customer has communicated the will to withdraw from the contract, the product for which the right of withdrawal is exercised must be returned, by sending it to the following address Aeroponica Perrotta, via 4 Novembre, 80030 - Roccarainola (NA) . The costs for the return will be borne by the Consumer Customer, under the conditions and terms set out in art. 57, co. 1, of the Consumer Code.
The returned product must be in a normal state of conservation and substantially intact, must be in its original packaging, complete with all accessories and any manuals, without any lack. The Consumer Customer will only be liable for the decrease in value resulting from handling other than "normal" and necessary to verify the nature, characteristics and functioning of the product. The Customer will also be liable in the event of the return of a different product in terms of type, model, brand and nature.
7.5 OBLIGATIONS OF THE SELLER IN CASE OF WITHDRAWAL
Within 14 days of receipt of the returned products, and after verifying the state and identity of the same, Aeroponica Perrotta will refund the entire price paid by the Consumer Customer using the same payment method used for the purchase, compatibly with the delivery times. re-credit applied by the payment circuit used by the Customer when ordering the product and without any responsibility for any delays in the refund attributable to the payment circuit used by the Customer.
ARTICLE 8 - MODIFICATIONS
At any time and at its sole discretion, Aeroponica Perrotta reserves the right to make changes / additions / updates to the content, programs or other materials contained or available on the Site (including these general conditions of sale)
Any modification / integration / update made has no effect with reference to the Orders correctly sent by the Customer before making changes or updates.
Any change in the rules of the Consumer Code that is mandatory will be automatically applied to contracts concluded with the consumer Customer without prejudice, to the maximum extent possible, to the provisions of these GCS already approved by the Customer with the Order.
ARTICLE 9 - COMMUNICATIONS, CONTACTS AND COMPLAINTS
For any request, communication or complaint relating to reservations or Orders, these general conditions of sale or, in general, any contract concluded with Aeroponica Perrotta through the Site, you can contact the Company at the following addresses: Aeroponica Perrottas.rl, via Via Anfiteatro Marmoreo 56, 80035 Nola (Na) Italy or at email@example.com
ARTICLE 10 - DISPUTES AND JURISDICTION
For the resolution of any civil disputes arising from the interpretation, execution and termination of this distance sales contract, if the Customer is a consumer (i.e. a natural person who purchases the products not for purposes related to his professional activity) the territorial jurisdiction mandatory is the judge of the place of residence or domicile of the consumer himself, if located in Italy (Article 63 of Legislative Decree 205/2006).
These general conditions of sale and the contract concluded with the professional customer are governed by Italian law.
All disputes relating to the validity, effectiveness, interpretation or execution of these general conditions of sale, of the sales contract as well as, in general, relating to navigation on the Site by the Customer or to the use of any functionality made available to him on the Site , the Judicial Authority of the Court of Nola (NA) has exclusive jurisdiction.
With these General Conditions of Sale, the Customer is informed that, pursuant to EU Regulation no. 524/2013 and of Legislative Decree 6 August 2015 n. 130, the European Commission established an online platform for the resolution of ODR disputes ("online dispute resolution") deriving from the online purchase of goods, accessible via the following link: ec.europa.eu/consumers/odr/
Aeroponica Perrotta does not adhere to any ADR body referred to in Articles 141-bis and ss. of the Consumer Code.