These General Conditions have as their object the purchase of products, carried out remotely via the internet on the site https://www.fitosofia.com/, by the company Fitosofia srl, with registered office in Viale Affori 11, 20161 Milan (MI). - CF and PI: 09133250960 - REA MI-2070959, (hereinafter referred to as the Supplier). The use of the distance selling service described in these general conditions is reserved exclusively for Consumers (hereinafter "Customer"), understood as natural persons who purchase the goods for purposes not related to their professional, commercial or entrepreneurial activity. The Customer is required to carefully read these General Conditions for the purposes of memorization and re-production by the same pursuant to Article 12 of Legislative Decree 9 April 2003 n.70. Sales contracts concluded with the company Fitosofia Srl through the site are governed by Italian law by virtue of the so-called "country of origin principle" and, consequently, if the purchasing party is a legal entity residing in a foreign country, for every contractual aspect it will always be necessary to do reference to the Italian legislation and, in particular, even if not exhaustively, to Legislative Decree 6 September 2005 n.206 and Legislative Decree 9 April 2003 n.70.
Supplier: the company Fitosofia srl, with registered office in Viale Affori 11, 20161 Milan (MI). - CF and PI: 09133250960 - REA MI-2070959, (hereinafter referred to as the Supplier).
Customer: the person identified by the data entered upon registration and acceptance of these general conditions (hereinafter referred to as the Customer).
Acceptance of the general conditions of sale
All contracts will be concluded directly by accessing the Internet site corresponding to the address https://www.fitosofia.com/ where, the customer can conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined "online" by the Customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance.
The general conditions of sale can be updated or modified at any time by the Supplier who will communicate it through the pages of the website.
The Customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with the Supplier, the general conditions of sale, including the payment conditions illustrated below, declaring to have read and accept all the information provided.
Prices and warranty
All sales prices of the products marketed are displayed and indicated on the website https://wwww.fitosofia.com/, they constitute an offer to the public pursuant to art. 1336 cc
Unless otherwise indicated in writing, all prices indicated are to be understood as "VAT included" and expressed in Euro. Shipping costs are excluded from the price of the product and, indicated separately, are charged to the customer.
The validity of the prices indicated is always and only that indicated by the procedure at the moment of placing the order to the Supplier.
An invoice is issued for all orders placed on the site. The latter is delivered in the package containing the purchased products. The Customer may also request a copy of the invoice in the future.
The Supplier is not responsible for taxes imposed by other countries.
The Customer has the right to choose between different payment methods:
- Cash on delivery upon receipt of the goods (surcharge of + 4 €)
- Advance transfer to current account. The payment details are shown when you choose this form of payment in the order.
- Online payment with PayPal secure system.
- Payment via Stripe by credit card on a secure circuit.
The purchase contract is concluded through the exact compilation and the consent to the purchase expressed through the adhesion given "online", subject to the successful completion of the payment.
Each order is marked with an order number and contains the indication of the date of submission to the system, the details of the items purchased, the shipping costs and the individual prices VAT included in Euro, the summary of the total costs including VAT.
Receipt of the order in its information system does not bind the Supplier until the same has sent a specific written confirmation by email to the address communicated by the Customer during the first registration phase.
Prices, methods and delivery times
The Supplier carries out shipments by courier. Shipping costs and other charges possibly related to the transport and / or shipment of the products are calculated and detailed in the order confirmation and in the purchase invoice.
The purchased goods will be delivered within the terms set out in art. 61 of Legislative Decree 21/2014. No responsibility can be attributed to the Supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays in the manner indicated by the courier chosen by the Customer. The delivery is considered completed when the Product is made available to the Customer at the address specified in the order form.
The courier, once the goods have been collected from our store, makes a first delivery attempt. In case of absence, the following day it provides a second delivery attempt. After the second delivery attempt, the order will go into storage at the courier's office and the storage costs will be charged to the customer.
Pursuant to art. 63 of the Consumer Code, upon receipt of the goods at home, the Customer must verify the integrity of the package and the quantitative and qualitative correspondence with what is indicated in the accompanying document. It is understood that, once the delivery document has been signed without any dispute, the Customer can no longer raise any dispute with reference to the external characteristics of what was delivered.
Delivery cost details
- DHL Express (delivery in 24-48h on average): € 7,5 as a contribution to shipping costs up to € 50
- Free shipping costs for purchases over € 50
- Cash on delivery: 4 €
The price that will be invoiced is the one present next to the product at the time of the conclusion of the order, in addition to the contribution for shipping costs and cash on delivery, without taking into account any updates made subsequently by the Customer. Fitosofia SRL reserves the right to change the prices of the products and the shipping costs without prior notice. Any new amounts will be effective from the moment they are published on the site https://www.fitosofia.com/ and will be applied to sales made from that moment on.
The Customer undertakes and undertakes, once the "online" purchase procedure is completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased.
It is strictly forbidden for the Customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications. The personal data and the e-mail address must be exclusively their real personal data and not those of third parties, nor of fantasy.
It is expressly forbidden to enter data of third parties. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
The Customer relieves the Supplier from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the customer, being himself solely responsible for the correct insertion.
Complaints, shipping delays, product replacement delivered by mistake
The customer has the right to verbally communicate any problems (delivery errors, misunderstandings or delivery delays) to the telephone number +39 0298996473 or to the e-mail address erboristeria @fitosofia.com
In the event that a product other than the one object of the order and purchase has been delivered by mistake, you have the right to obtain a replacement of the product, provided that you notify us of the problem in writing no later than five days from receipt of the product itself. The case Fitosofia SRL will replace the product once the delivered goods have been returned and the condition of the goods has been checked, and then proceed with the re-forwarding of the correct product. All items must be returned and sent to the headquarters of Fitosofia SRL, at Herbalist Fitosofia in Viale Affori 11, 20161 Milan, intact and in the same condition in which they were received, with their original packaging. In this case the costs related to the return will be borne by Fitosofia srl.
If the customer wants to proceed with the return without a reason relating to an error or damage to the product during transport, the return costs will be borne by the customer, who will arrange the shipment of the goods by his own courier.
Right of withdrawal
Pursuant to art. 52 of the Consumer Code, the Consumer may withdraw from the contract within 14 days from receipt of the goods or, in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or pieces. The Supplier extends the period in which the withdrawal will be allowed to 30 days from receipt of the order by its own will.
The Customer has the right to withdraw from the contract, without indicating the reasons, within 30 days. The withdrawal period expires after 30 days from the day on which the delivery of the products by the courier took place.
To exercise the right of withdrawal, the customer is required to inform us by means of an explicit declaration (for example a letter sent by post, or e-mail). To this end, you can use the model withdrawal form attached to the following link "LETTER OF WITHDRAWAL“, But it is not mandatory to use the enclosed withdrawal letter. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The Customer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 30 working days from the day of receipt of the purchased product.
Effects of withdrawal
If the Customer withdraws from this contract, all payments made to us will be reimbursed, including delivery costs (with the exception of additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery to offered us), without undue delay and in any case no later than 14 days from the day on which we are informed of the decision to withdraw from this contract. The refund may be withheld beyond 14 days only if the Customer does not prove that he has returned the goods or until they have been received by us, whichever occurs first.
The return costs will be borne by Fitosofia SRL which will arrange for the collection of the goods by its courier within 5 days from the day on which it will be informed of the decision to withdraw from this contract. The customer is required to comply with the procedures for taking charge of the product, which as of now he claims to accept in full and without exception, provided by the courier appointed by Fitosofia SRL
These refunds will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. In any case, the Customer will not have to incur any costs as a consequence of this refund.
All items must be returned and arrive at the Supplier's headquarters intact and in the same state in which they were received, with their original packaging.
The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
In the event that all the conditions and obligations of the consumer provided for in the previous points have been respected, the Supplier will send an e-mail confirming acceptance of the return.
In case of reimbursement by re-credit on credit card, the actual time for reimbursement of the sums paid by the Customer for the purchase of the products depends on the institution that issued the card.
Non-conformity of products and defective products
In case of lack of conformity of the Products purchased with respect to the description published on the site https://www.fitosofia.com/ and in the event of a faulty or defective Product, the Customer has the right to immediate reimbursement of the non-conforming goods, after sending by email photographs showing the damage or non-conformity of the Product.
Communication from Fitosofia SRL with the indication of the reimbursement method that could take place, at the Customer's discretion, also through discount vouchers on the next purchase exceeding the value of the goods to be refunded, excluding any further liability of Fitosofia SRL, for any reason.
In any case, the provisions on the legal guarantee of conformity of goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) are reserved.
Guarantees given by the Customer
The Customer guarantees, assuming all responsibility and keeping the Supplier harmless from any prejudicial consequence, that their data, provided upon acceptance of these general conditions, are true and allow to identify the true identity of the Customer.
The Customer also undertakes to immediately inform the Supplier in writing, including by email, of any changes to the data provided.
The Customer is also informed of the need to communicate a valid email address to the Supplier in order to allow the Supplier to forward the order confirmations and any communication.
Express termination clause
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 5, have an essential character, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the Supplier's right to take legal action for compensation for further damage.
Limitation of Liability
The Supplier declines all responsibility for malfunctions, interruptions of services, degradation of performance whether or not these are due to force majeure or unforeseeable circumstances, when they are not directly attributable to the Supplier itself for its willful misconduct or gross negligence.
The Supplier assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, execute within the time agreed by the contract.
The Supplier will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the Customer is only entitled to a refund of the price paid.
The Supplier is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment, upon payment of the purchased products. The Supplier at no time during the purchase procedure is able to know the Customer's credit card data, who will transmit them directly to the payment service manager without intermediaries and to which he will be connected automatically, returning to the Supplier's site at the end of the procedure.
The goods always travel at the expense of the purchaser and under his own risk. The seller cannot be held liable for damage or loss of the uninsured product during shipment.
For any damage caused by a defective product, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree n.206 / 2005 (Consumer Code), as amended by Legislative Decree no. 21/2014. Fitosofia SRL in the quality of distributor of the products is free from any liability, none excluded and / or excepted, indicating the name of the relative manufacturer of the product.
The characteristics of the products are indicated in the online catalog and are visible at the time of choosing and completing the order before the conclusion of the forwarding procedure. By accepting the following conditions you declare that you have read Liability Clause and to be aware that the information contained therein cannot and must not be used to make decisions about one's health or any medical therapies, and are never intended as a substitute for medical treatment or taking drugs. The Supplier distributes products regularly registered with the competent authorities, and assumes no responsibility for any damage or consequences derived, related or deemed collagable to the use of the products distributed. We advise you to always consult your doctor, and to be wary of those who intend to replace you.
Validity of communications
The Customer accepts that the notification and communications relating to all online services (including those relating to purchase orders) are made by the Supplier in electronic email format (electronic mail) and via Web service, recognizes their full validity and expressly renounces as of d 'now to deny the content of the declarations sent and / or received in electronic format.
Cost of using the remote communication technique
For all online services on the site, the connection costs charged by the Provider used by the Customer for the same connection to which the Customer must contact to obtain the necessary information are applied.
Jurisdiction and jurisdiction
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "online" through the website https://www.fitosofia.com/ is subject to Italian jurisdiction.
These general conditions are reported, although not expressly provided therein, in conjunction with the Civil Code and Legislative Decree 21/2014.
For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the customer is a consumer, that is a natural person who purchases the goods for purposes not related to his professional activity, and not legal persons or natural persons who act for purposes related to any professional activity carried out, the territorial jurisdiction is that of the reference court of their municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of the headquarters of Fitosofia SRL
Consumers residing in Europe are informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and / or deriving from them. Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr