Art. 1 Object.
These General Terms and Conditions have as their object the remote purchase of products via the internet at the site https://www.fitosofia.com, from the company Fitosofia srl, with registered office in Viale Affori 11, 20161 Milan (MI ). – C.F and P. I .: 09133250960 – R.E.A. MI-2070959, (hereinafter referred to as Supplier). The use of the distance selling service described in these general conditions is reserved exclusively for Consumers (hereinafter “Customer”), understood as the 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 purpose of storage and re-production by the same pursuant to article 12 of Legislative Decree 9 April 2003 n.70. The sales contracts concluded with the company Fitosofia Srl through the site are governed by Italian law under the c.d. “Principle of the country of origin” and, consequently, if the purchaser is a legal entity residing in a foreign country, for each contractual aspect it will always be necessary to refer to the Italian legislation and, in particular, even if by title not exhaustive, to the Legislative Decree 6 September 2005 n.206 and to the Legislative Decree 9 April 2003 n.70.
Art. 2 Subjects.
Supplier: the company Fitosofia s.r.l., with registered office in Viale Affori 11, 20161 Milan (MI). – C.F and P. I .: 09133250960 – R.E.A. MI-2070959, (hereinafter referred to as Supplier).
Customer: the person identified by the data entered when registering and accepting these general conditions (hereinafter referred to as the Customer).
Art. 3 Acceptance of the general sales conditions.
All contracts will be concluded directly by accessing the website 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 its full acceptance.
The general conditions of sale can be updated or modified at any time by the Supplier who will communicate it via 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 sales conditions, including the payment conditions illustrated below, declaring to have read and accept all the information provided.
Art. 4 Prices and warranty.
All sales prices of marketed products are displayed and indicated on the website https://www.fitosofia.com, the same constitute an offer to the public pursuant to art. 1336 c.c.
Unless otherwise stated in writing all prices shown are “VAT included” and expressed in € (Euro). Shipping costs are considered excluded from the price of the product and, indicated separately, are charged to the Customer.
The validity of the prices is always and only the one indicated by the procedure at the moment in which the order is forwarded to the Supplier.
An invoice is issued for all orders placed on the site. The latter is delivered in the package containing the products purchased. The Customer may also request a copy of the invoice in the future.
The Supplier is not responsible for taxes imposed by other countries.
Art. 5 Payment
The Customer has the right to choose between different payment methods:
1) Cash on delivery upon receipt of goods (+ 4 € surcharge)
2) Advanced payment on company bank Account. The payment data is shown when this payment solution is chosen.
3) Online payment with PayPal secure system.
4) Payment by Stripe with a Credit Card on a secure circuit.
The purchase contract is concluded through the exact compilation and the consent to the purchase expressed through the online adhesion , and is subject to the successful completion of the payment.
Art. 6 Purchase Orders.
Each order is characterized by an order number and contains the indication of the date of forwarding to the system, the detail of the items purchased, the shipping charges and the individual prices including VAT in Euro, the total cost summary including VAT.
The receipt of the order in your information system does not bind the Supplier until he has sent a written confirmation via email to the address communicated by the Customer during the first registration phase.
Art. 7 Prices, methods and delivery times.
The Supplier carries out shipments by courier. Shipping costs and other charges related to the transport and / or shipment of the products are counted and detailed in the order confirmation and on the purchase invoice.
The purchased goods will be delivered within the terms of the art. 61 of Legislative Decree 21/2014. No responsibility can be attributed to the Supplier for late or non-delivery due to major force 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. 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 at our sales point, will make a first delivery attempt. In case the customer is absent, the courier will try a second delivery attempt the following day. After the second delivery attempt, the order will be stored at the courier’s premises and the storage costs will be charged to the customer.
According to the 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 objection with reference to the external characteristics of what was delivered.
DETAILS OF DELIVERY COSTS:
DHL Express (Average delivery time is 24-48h): € 7,50 as shipping cost for purchases under € 50. Free shipping for purchases over € 50.
Cash on delivery: € 4
Delivery costs are shown next to the product at the time the order must be concluded. These costs do not consider any subsequent delivery request or update made by the Customer after order confirmation. the Supplier reserves the right to change product prices and shipping costs without any prior notice. Any new price will be effective from the moment it is published on the website https://www.fitosofia.com and will be applied to sales made from that moment.
Art. 8 Customer’s obligations.
The Customer understands and undertakes, once the online purchase procedure has been completed, to print and keep the present general conditions, which, moreover, will have been already read and accepted as an obligatory phase for the purchase, as well as the specifications of the product being purchased.
It is strictly forbidden to the Customer to enter false, and/or invented, and/or fantasy data, in the registration procedure necessary to activate the process for the execution of this contract and the related further communications. The personal data and the email must be exclusively real personal data; it is expressly forbidden to use third party data. The Supplier reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
The Customer relieves the Supplier of any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Customer, being himself the only person responsible for the correct insertion.
Art. 9 Complaints, shipment delays, Product replacement
The customer has the right to communicate verbally any problem (delivery errors, delays…) to the telephone number 02.98996473 or to the e-mail address erboristeria [@] fitosofia.com
In case that received product is different from ordered product, the Customer has the right to obtain the replacement of the product free of charge, provided that he notifies the Supplier via email in the first five days from receipt of the shipment. In this case the Supplier will replace the product once the goods delivered are returned and the condition of the goods has been checked, thus proceeding to re-forward the correct product. All items must be returned and received by Fitosofia S.R.L. intact and in the same state in which they were received, with the original packaging.
The costs of return will be supported by the Supplier, which will arrange the collection of the goods with its courier. The customer is required to comply with the product collection procedures provided by the courier appointed by Fitosofia S.R.L., and claims to accept them in full and without exception.
Art. 10 Withdrawal Right.
According to the art. 52 of the Consumer Code, the Consumer can withdraw from the contract within 14 days from receipt of the goods or, in case of multiple delivery, from the day on which the Customer acquires physical possession of the last lot or pieces. The Supplier extends the period in which withdrawal will be accepted 30 days after order delivery.
The Customer has the right to withdraw from the contract, without indicating the reasons, within 30 days. The withdrawal period expires 30 days from the day on which the products were delivered by the courier.
To exercise the right of withdrawal, the customer is obliged to inform the Supplier by means of an explicit declaration (for example letter sent by post, or e-mail). The standard withdrawal form is available the following link “WITHDRAWAL”, but it is not mandatory to use the attached withdrawal letter. To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the withdrawal right before the expiry of the withdrawal period.
The Customer who for any reason is not satisfied with the purchase, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason.
Effects of withdrawal
If the Customer withdraws from this contract, all payments made to us, including delivery costs, will be refunded (except for the additional costs deriving from the choice of a type of delivery other than the least expensive standard delivery type available on the site), without undue delay, and in any case not after 14 days from the day the Supplier is informed of the decision to withdraw from this contract. The reimbursement could be withheld more than 14 days only in case the Customer does not prove to have sent back the goods or until these have not been received by the Supplier, depending on which situation occurs before.
The Supplier will arrange goods collection by own courier within 5 days from withdraw communication.
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 pay any fee.
In case of reimbursement through credit back on credit card, the time for the reimbursement depends on the bank or institution that issued the card.
Art. 11 Non-conformity of defective products and products
In case of non-conformity of the Products purchased with the description published on the website https://www.fitosofia.com and in case of a faulty or defective Product, the Customer has the right to immediate reimbursement of the non-compliant goods. To ask it, the Customer accepts to send images by email that can highlight the damage or non-conformity of the Product.
Following communication by Fitosofia S.R.L. with the indication of the reimbursement method could take place.
The provisions concerning the legal guarantee of conformity of the goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) are guaranteed.
Art. 12 Guarantees given by the Customer.
The Customer guarantees, assuming all responsibility and holding the Supplier harmless from any prejudicial consequence, that his data, supplied at the time of acceptance of these general conditions, are true and allow the identification of the true identity of the Customer.
The Customer also undertakes to immediately inform the Supplier by email, of any variation of provided data.
The Customer is informed of the need to communicate the Supplier a valid email address in order to allow the Supplier to forward order confirmations and any communication.
Art. 13 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, are essential, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will result in the termination of the contract pursuant to art. 1456 of the Civil Code, without the need for judicial ruling, without prejudice to the right of the Supplier to sue for compensation for further damage.
Art. 14 Limitations of liability.
The Supplier declines all responsibility for malfunctions, service interruptions, performance degradation whether or not these are due to major force or unforeseeable circumstances, when they are not directly attributable to the Supplier’s fraud or gross negligence.
Art. 15 Liability.
The Supplier assumes no responsibility for disruptions caused by major force such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, from delivering in the agreed time.
The Supplier will not be liable to any party or third party for damages, losses and costs incurred as a result of 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 products purchased. During the purchase procedure the Supplier cannot know the data of the Customer’s credit card, which will be transmitted directly to the payment service provider without intermediaries, and to which the Customer 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 buyer and under his risk. The seller cannot be held liable for damage or loss of the product during shipment.
For any damage caused by a defective product, we apply the European Directive 85/374 / EEC and Italian Legislative Decree n.206 / 2005 (Consumer Code), as amended by Legislative Decree n. 21/2014. The Supplier, in quality of product distributor, is released from any liability, none excluded, indicating the name of the relevant product manufacturer.
The characteristics of the products are indicated in the online catalog and are visible at the time of the selection and completion of the order before the conclusion of the forwarding procedure. By accepting the following conditions, you declare that you have read the Clause of Responsibility and that you are aware that the information contained therein cannot and must not be used to make decisions about your state of health or any medical therapies, and they are never intended as substitutes for medical treatment or medication. The Supplier distributes products that are duly registered with the competent authorities, and assumes no responsibility for damages or derivative consequences, correlated or deemed collageable to the use of the distributed products. The Supplier recommends each Customer to always consult a doctor, and not to trust those who intend to replace its role.
Art. 16 Validity of communications.
The Customer agrees that the notification and communications regarding all online services (including those relating to purchase orders) are made by the Supplier in electronic format (e-mail) and via Web service, it recognizes its full validity and expressly renounces any future refuse to acknowledge the content of the declarations sent and / or received in electronic format.
Art. 17 Cost of using remote communication techniques.
For all online services on the site the connection costs are charged by the Customer Provider. The Supplier does not apply any cost for the use of the site, that can always be freely consulted.
Art. 18 Jurisdiction and competent court.
Any dispute relating to the application, execution, interpretation and violation of the purchase contract agreed “online” via the website https://www.fitosofia.com is subject to Italian jurisdiction.
These general conditions are reported, although not expressly provided for 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 selling contract, if the customer is a consumer, that is a natural person who buys the goods for purposes not related to his professional activity, and not legal persons or natural persons that they act for purposes related to their professional activity, the territorial competence 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 Milan, Italy.
The European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to non-judicially resolve any dispute relating to contracts for the sale of goods and services stipulated on the network and / or deriving from them. Consequently, if you are an established consumer in Europe, you can use this platform to resolve any dispute arising from the online contract entered into on this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr