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General Terms and Conditions of Sale

 

 

Article 1 - General Provisions

1. By browsing this area, the user accesses
Eurogarden, accessible via the URL: www.eurogardensas.it. Browsing
and submitting a purchase order on the site implies acceptance of the Terms and
Data Protection Policies adopted by the site itself, as indicated therein.
2. These General Terms and Conditions of Sale apply
to the sale of products with exclusive reference to purchases made on the site
in accordance with the provisions of Part III, Title III, Chapter I, Consumer
Code (Legislative Decree No. 206/05 as amended by Legislative Decree No. 21/14
and Legislative Decree 70/03) by
Company: Eurogarden s.a.s.

Headquarters: Vicolo grotti dama 2, 00044 Frascati (RM) VAT number: 01845091006

Registered with REA, number RM-624227
3. Before accessing the products provided by the site,
the user is required to read these General Terms and Conditions of Sale, which
are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy
of the purchase form and these General Terms and Conditions of Sale, which
Eurogarden s.a.s. reserves the right to modify unilaterally and without prior
notice.

Article 2 - Object

1. These General Terms and Conditions of Sale govern
the offer, submission, and acceptance of purchase orders for products on
Eurogarden and do not, however, govern the provision of services or the sale
of products by parties other than the seller that are present on the same site
via links, banners, or other hypertext links.
2. Before placing orders and purchasing products and
services from different parties, we suggest checking their terms and conditions
of sale.

Article 3 - Conclusion of the contract

1. To conclude the purchase contract, it will be
necessary to complete the electronic form and submit it following the relevant
instructions.
2. It contains a reference to the General Terms and
Conditions of Sale, images of each product and its price, the payment methods
that can be used, the delivery methods for purchased products and related
shipping and delivery costs, a reference to the conditions for exercising the
right of withdrawal; methods and times for returning purchased products.
3. Before concluding the contract, you will be asked
to confirm that you have read the General Terms and Conditions of Sale,
including the information on the right of withdrawal and the processing of
personal data.
4. The contract is concluded when the seller receives
the form completed by the user, after verifying the correctness of the data
contained therein.
5. The buyer will be obliged to pay the price from
the moment the online order submission procedure is completed. This will occur
by clicking on the "Complete Order" button at the end of the guided
procedure.
6. Once the contract is concluded, the seller takes
charge of the order for its fulfillment.

Article 4 - Registered users

1. Upon completing the registration procedures, the
user undertakes to follow the instructions on the site and to provide their
personal data correctly and truthfully.
2. The confirmation will in any case exempt
Eurogarden from any liability regarding the data provided by the user. The user
undertakes to promptly inform Eurogarden of any changes to their data
communicated at any time.
3. If the user communicates inaccurate or incomplete
data, or even if there is a dispute by interested parties about payments made,
Eurogarden will have the right not to activate or to suspend the service until
the relevant deficiencies are rectified.
4. Upon the user's first request to activate a
profile, Eurogarden will assign them a username and password. The latter
acknowledges that these identifiers constitute the system for validating the
user's access to the Services and the only suitable system for identifying the
user, and that the acts performed through such access will be attributed to
them and will be binding on them.
5. The user undertakes to keep their access data
secret and to store them with due care and diligence and not to transfer them,
even temporarily, to third parties.

Article 5 - Product Availability

1. Product availability refers to the actual
availability at the time the buyer places the order. However, this availability
must be considered purely indicative because, due to the simultaneous presence
of multiple users on the site, products may be sold to other customers before
the order is confirmed.
2. Even after sending the order confirmation email,
cases of partial or total unavailability of goods may occur. In this event, the
order will be automatically rectified with the elimination of the unavailable
product and the buyer will be immediately informed via email.
3. If the buyer requests cancellation of the order,
thereby terminating the contract, Eurogarden will refund the amount paid within
30 days from the moment Eurogarden became aware of the buyer's decision to
terminate the contract.

Article 6 - Products offered

1. Eurogarden markets:
  • Plants
  • Gardening accessories
  • BIO pest control products (non-professional)
  • Seeds
  • Potting soil
  • Fertilizers
  • Pots
  • Home Decor products
  • Garden Furniture
 2. The offer is detailed on our website at the
link: www.eurogardensas.it

Article 7 - Payment methods and prices

1. The price of the products will be that indicated
on the site from time to time, except where there is an obvious error.
2. In case of error, Eurogarden will notify the buyer
as soon as possible, allowing them to confirm the order at the correct amount
or to cancel it. In any case, Eurogarden will not be obliged to supply what was
sold at the erroneously indicated lower price.
3. The prices on the site include VAT and do not
include shipping costs. Prices may change at any time. Changes do not affect
orders for which an order confirmation has already been sent.
4. Once the desired products have been selected, they
will be added to the cart. It will be sufficient to follow the instructions for
purchase, entering or verifying the information requested at each step of the
process. Order details can be modified before payment.
5. Payment can be made via:
- Credit cards (Visa, Mastercard, American
Express); - Paypal;

Terms of Sale

  1. Price Differences Between Sales Channels
    Pursuant to Article 1336 of the Civil Code, please be informed that the prices of products available on our online shop may differ from those applied in physical stores. Offers, promotions, and discounts available online are exclusively reserved for purchases made through the website and cannot be claimed in physical stores, unless otherwise indicated. Likewise, promotions available in physical stores may not be valid for online purchases.
  2. Prices and VAT
    The prices indicated on the website are expressed in Euros and include VAT, in accordance with Article 15 of Presidential Decree 633/1972. Shipping and handling costs are not included in the price and will be added to the total order at checkout, where applicable.
  3. Price Changes
    In accordance with Article 1470 of the Civil Code, we reserve the right to change product prices at any time without prior notice. However, such changes will not affect orders already confirmed, as provided for by Article 1326 of the Civil Code.
  4. Final Price Verification
    Before concluding the purchase contract, the customer is required to verify the final price including VAT and shipping costs, in accordance with Article 51 of the Consumer Code (Legislative Decree 206/2005). Any price changes subsequent to order confirmation will not be applied retroactively.
These conditions apply in accordance with current legislation on e-commerce, as provided for by Legislative Decree 70/2003.

Article 8 - Delivery

1. Eurogarden ships throughout Italian territory,
excluding the Vatican City State and the Republic of San Marino.
2. Eurogarden will make its deliveries both to the
address provided by the user and to the collection points indicated at the time
of purchase.
3. Delivery is generally made within 3 working days,
or, if no delivery date is specified, within the estimated time at the time of
selecting the delivery method and, in any case, within a maximum of thirty days
from the date of confirmation.
4. If delivery is not possible, the order will be sent
to the warehouse. In such an event, a notice will specify the location of the
order and the methods for arranging a new delivery.
5. If you are unable to be present at the delivery
location at the agreed time, we kindly ask you to contact us again to arrange a
new delivery date.
6. If delivery cannot take place due to reasons beyond
our control after thirty days from the date the order is available for
delivery, we will assume that you intend to terminate the contract.
7. As a result of the termination, the amounts will
be refunded, including delivery costs, excluding any additional costs resulting
from the choice of a delivery method different from the ordinary method offered
without undue delay and, in any case, within 30 days from the date of
termination of the contract. Transportation resulting from the termination of
the contract may incur additional costs, which will be borne by the buyer.
8. Shipping costs are borne by the buyer and are
explicitly highlighted at the time of placing the order.

Article 9 - Transfer of Risk

1. The risks relating to the products will pass to the
buyer from the moment of delivery. Ownership of the products is considered
acquired as soon as full payment of all amounts due in relation to them has
been received, including shipping costs, or at the time of delivery, if this
occurs later.

Article 10 - Warranty and Commercial Conformity

1. The seller is responsible for any defects in the
products offered on the site, including non-conformity of the items with the
ordered products, in accordance with Italian law.
2. If the buyer has entered into the contract as a
consumer, i.e., any natural person acting on the site for purposes unrelated
to any entrepreneurial or professional activity carried out, this warranty is
valid provided that the defect manifests itself within 24 months from the date
of delivery of the products; that the buyer submits a formal complaint regarding
the defects within a maximum of 2 months from the date on which the defect was
recognized by the latter; and that the online return form is correctly
completed.
3. In case of non-conformity, the buyer who has
entered into the contract as a consumer will have the right to obtain the
restoration of product conformity free of charge, through repair or
replacement, or to obtain an appropriate price reduction or the termination of
the contract relating to the disputed goods and the consequent refund of the
price.
4. All return costs for defective products will be
borne by the seller.

Article 11 - Withdrawal

1. In accordance with current legal provisions, the
buyer has the right to withdraw from the purchase without any penalty and
without specifying the reason, within 14 days pursuant to Article 57 of
Legislative Decree 206/2005, commencing from the date of receipt of the
products.
2. In the case of multiple purchases made by the buyer
with a single order and delivered separately, the 30-day period runs from the
date of receipt of the last product.
3. The user who intends to exercise the right of
withdrawal may send an email, indicating the order number and user name, to:
eurogardensas@gmail.com
4. The buyer must also exercise the right of
withdrawal by sending any explicit declaration containing the decision to
withdraw from the contract or alternatively by submitting the standard
withdrawal form, as per Annex I, part B, Legislative Decree 21/2014, which is
not mandatory.
5. The goods must be returned to: Eurogarden s.a.s.

Vicolo grotti dama 2, Frascati 00044 (RM)
6. The goods must be returned intact, in their
original packaging, complete in all their parts, and complete with the attached
tax documentation. Without prejudice to the right to verify compliance with the
above, the site will refund the amount of the products subject to withdrawal
within a maximum of 30 days, including any shipping costs.
7. As provided for by Article 56, paragraph 3 of
Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site
may suspend the refund until receipt of the goods or until the buyer has proven
to have returned the goods.
8. The right of withdrawal will not apply if
Eurogarden's services and products are included in the categories of Article 59
of Legislative Decree 206/2005.
9. The site will make the refund using the same means
of payment chosen by the buyer during the purchase phase. In the case of payment
made by bank transfer, and if the buyer intends to exercise their right of
withdrawal, they must provide the bank details: IBAN, SWIFT, and BIC necessary
for the refund.

Article 12 - Data Processing

1. Buyer's data are processed in accordance with the
provisions of personal data protection regulations, as specified in the
dedicated section containing the information pursuant to Article 13 of EU
Regulation 2016/679 (Privacy Policy).

Article 13 - Safeguard Clause

1. Should any of the clauses of these General Terms
and Conditions of Sale be void for any reason whatsoever, this will in no case
compromise the validity and observance of the other provisions contained in these
General Terms and Conditions of Sale.

Article 14 - Contacts

1. Any request for information can be sent by email
to the following address eurogardensas@gmail.com, by telephone to the following
number: 069464151, and by mail to the following address:
Vicolo grotti dama 2, Frascati 00044 (RM)

Article 15 - Applicable Law and Jurisdiction

1. These General Terms and Conditions of Sale are
governed by Italian law and interpreted accordingly, without prejudice to any
different prevailing mandatory rule of the buyer's habitual residence country.
Consequently, the interpretation, execution, and termination of the General
Terms and Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent in and/or arising from these
terms shall be resolved exclusively by the Italian judicial authority. In
particular, if the buyer qualifies as a Consumer, any disputes shall be resolved
by the court of the place of their domicile or residence according to applicable
law.
These conditions were drawn up on 08/06/2024.