General Terms and Conditions of Sale, effective from 22 December 2023.
FOREWORD
This information is provided for the site https://www.garlicresia.com (Site).
Seller details: Garlic s.r.l. – Registered Office: Via Caserma, 18 -33010 Resia UD – P.IVA 03118840309 – E-MAIL amministrazionegarlic@gmail.com – TEL 3398093543 (Seller).
Art. 1 Scope of Application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If the Site makes it possible, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree No. 206 of 6 September 2005). Please note that a natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or handicraft activity carried out is a Consumer. If, on the other hand, you are given the option of entering your VAT number (yours or that of a legal person), this implies a purchase in the capacity of ‘Professional’, within the meaning of Article 3(I)(c) of the Consumer Code. A natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof, has the capacity of Professional. The implications of purchasing in the capacity of Consumer rather than Professional will be described later in this document.
1.3 The terms indicated are working days, i.e. excluding Saturdays, Sundays and national holidays. Images and descriptions on the Site are to be understood as purely indicative. Colours may differ from the real ones due to the settings of the computer systems or computers used by you to view them.
1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the moment they are published on the Site. You are therefore invited to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links.
1.7 Before entering into commercial transactions with such parties, it is necessary to check their terms and conditions of sale.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.9 On the websites that can be consulted via such links the Seller does not carry out any control and/or monitoring. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law on their part.
1.10 You are required to carefully read these General Sales Conditions as well as all other information that the Seller provides on the Site, including during the purchase procedure.
1.11 In no event shall the Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of income or other indirect loss resulting from the use of the Site or the inability to use it. Seller makes no warranty or representation: (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information contained on the Site is accurate, complete and current.
1.12 The whole or any part of the Site is the property of the Seller or a third party. Except with the specific written consent of the Seller, it is prohibited to reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or part of the content of the Site.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site, it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order is received by the Seller’s e-mail.
2.2 You undertake to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information you provide is complete and truthful and you agree to indemnify and hold the Seller harmless from and against any and all damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
2.4 The Vendor reserves the right to refuse orders from users who have previously breached these General Terms and Conditions of Sale or any regulatory provisions.
2.5 To place orders on the Site it is necessary to read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase process pages. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.
2.6 The Seller is the sole counterparty of the user that intends to purchase one or more products through the Site and is therefore (i) the subject to which the user addresses his order, in order to accept the offer and conclude the sales contract; (ii) the subject that assumes the pre-contractual obligations deriving from the offer towards the user; (iii) the subject that concludes the sales contract with the user, assuming the relative obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.
2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own trade mark. Therefore, when the Seller’s trade mark or the first person plural (“We”) is used on the Site and/or in communications with customers relating to the Site, the reference is to the Seller as well as to the Site.
2.8 The Seller makes no guarantee that the Site will be constantly functional and operational. Updates may occur that may imply a temporary suspension of the service. The Seller assumes no liability whatsoever with regard to any type of prejudice or damage that the user may suffer as a result of this circumstance.
2.9 The colours of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller accepts no responsibility if the colour of the Product differs from the colour expected by the user. Users are invited to contact the Seller in the event of any doubt as to the colour of one or more of the Products on the Site.
Art. 3 Prices
3.1 On the Site, prices include VAT.
3.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (upwards or downwards) following the transmission of the order will not be taken into account.
3.3 Whether or not the shipping costs of the Products are free of charge is indicated from time to time (in the purchase procedure, in the product sheet or in any case on the Site itself).
3.4 The Seller will ship the Products only after the Total Amount Due has been credited. Ownership of the Products will be transferred to you at the time of shipment, which shall be deemed to be the time of delivery of the Product to the carrier. The risk of loss of or damage to the Products, for causes not attributable to the Seller, on the other hand, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.
3.5 The purchase contract is terminably conditional on non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order shall be cancelled accordingly.
3.6 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to inform the customer of the correct price even after the purchase order has been concluded. In this scenario, the customer may either accept the new price or cancel the purchase contract. The Seller may also cancel the Product purchase agreement in such cases. The Seller may also cancel the sale if there is an error in the availability of the Product.
Art. 4 Payment modalities
4.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.
4.2 On the Site it is possible to pay by bank transfer. After placing the purchase order you will receive by email the bank details to proceed with the payment. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.
4.3 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.
4.4 If the value of the discount code is less than that of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can only be used for one purchase. Under no circumstances may discount vouchers be converted into money.
4.5 Any alternative methods other than those indicated above are or will be described herein.
As of the date of publication of these Conditions of Sale, the Seller does not use any alternative payment instruments (e.g. payment cards, cryptocurrency or services such as PayPal).
4.6 In accordance with the provisions of Legislative Decree No. 26 of 7 March 2023, the prices published on the Site have not been personalised on the basis of automated decisions. The prices displayed on the Site are therefore not influenced by the consumer’s previous behaviour.
Art. 5 Delivery of Products
5.1 Delivery of the Products is expected in: Italy. You may always contact the Seller to obtain further information on the delivery of the Products; for example, to find out if delivery is expected in countries other than those indicated on the Site.
5.2 The delivery obligation is fulfilled by transferring the material availability or otherwise the control of the Product to you.
5.3 You are responsible for checking the condition of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for causes not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, materially take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, not wet or in any case altered, including the sealing materials, and you are invited, in your interest, to indicate on the carrier’s transport document any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
5.4 With reference to the possibility of requesting the delivery of the Products at a “pick-up point”, the Seller informs you that the Site does not offer the possibility of collecting the Product at a “pick-up point” other than the address that you communicated during the purchase process. You are nevertheless invited to regularly access the Site to check whether this delivery option is subsequently made available on the Site.
Art. 6 Right of Withdrawal
6.1 You are invited to view this article, which governs the right of withdrawal, with particular attention.
6.2 The right of withdrawal is the Consumer’s right to dissolve the purchase contract without being obliged to provide a reason. If you purchased as a Professional the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.
Custom-made or clearly personalized goods are sold on the Site. If you are acting as a Consumer the following rules on the right of withdrawal do not apply by specific legal provision. In fact, if it did not, the Seller would find itself unable to resell a Product made specifically for you.
6.3 If You are a Consumer (and where no exceptions to this effect apply as provided in this Article) You have the right to withdraw from the Product purchase contract without having to provide any reasons and without incurring any costs other than those provided in this Article within the period of fourteen calendar days (Withdrawal Period). To exercise your right of withdrawal, you must inform the Seller, before the expiration of the Withdrawal Period, of your decision to withdraw. To do so, you may write to the Seller at the contact persons listed in the Foreword, or use any contact form on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the notice regarding the exercise of your right of withdrawal is sent by you before the expiration of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are the responsibility of the Consumer, as is the responsibility for the transportation of the Products. If the right of withdrawal is exercised, the Product must be delivered to the Seller’s premises, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:
- in the case of an Order for a single Product, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
- in the case of an Order for delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
6.4 If withdrawal is applicable, Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier of the Consumer’s choice and expense, the Seller may suspend the refund until receipt of the Products or until the Consumer demonstrates that it has returned the Products, whichever is earlier. The Consumer shall be liable only for diminution in the value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics and operation of the Product. In any event, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and explanatory sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. The withdrawal, moreover, applies to the Product in its entirety. It may therefore not be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will give notice of this circumstance and the resulting decreased refund amount, providing, if the refund has already been paid, the bank details for payment of the amount owed by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund.
If the right of withdrawal exists, the Products must be returned to the address indicated in the “Seller’s Data” section in the Foreword or to the address from time to time provided by the Seller.
6.5 This Article governs a very important area and relating to the cost of return in the event of withdrawal.
In light of the foregoing, the Vendor deems it appropriate to point out to you that the cost of returning the Product will be your responsibility and expense.
Article 7 Legal Guarantee of Conformity
7.1 The Legal Guarantee of Conformity is reserved for the Consumer. It is applicable, therefore, only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
7.2 The Seller shall be liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. An action seeking to enforce defects not fraudulently concealed by the Seller shall be time-barred, in any event, within twenty-six months from delivery of the Goods.
7.3 Unless proven otherwise, defects of conformity arising within twelve months after delivery of the Product shall be presumed to have existed on that date, unless such presumption is inconsistent with the nature of the Product or the nature of the defect of conformity. From the twelfth month following delivery of the Product, on the other hand, the burden shall be on the Consumer to prove that the lack of conformity already existed at the time of delivery of the Product.
7.4 In the event of a lack of conformity’ of the good, the Consumer shall be entitled to the restoration of conformity’, or to receive a proportional reduction in the price, or to the termination of the contract on the basis of the conditions established in Article 135-bis et seq. of the Consumer Code.
7.5 The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from fortuitous events or force majeure.
7.6 If You have made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal warranty is governed by articles 1490 et seq. of the Civil Code; in particular, the term for reporting any defects is 8 days from discovery and the action is prescribed in 1 year from delivery.
The Manufacturer’s Warranty is an additional warranty to the Legal Warranty of Conformity, if any, given by the Seller on the Products. Except as may be indicated on the Site, Products sold on the Site are not covered by the Manufacturer’s Warranty. You may, however, enforce your rights under the Legal Warranty of Conformity governed by the preceding article.
Art. 9 Applicable law and jurisdiction; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
9.1 Purchase contracts concluded through the Site are governed by Italian law.
9.2 It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence. Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile shall have jurisdiction. In the case of professional user, for any dispute relating to the application, execution and interpretation of this document, on the other hand, the Court of jurisdiction shall be the Court where the Seller is located pursuant to the provisions of the Foreword.
9.3 The Seller informs the user who has the status of Consumer that, in the event that he or she has submitted a complaint directly to the Seller, following which it has nevertheless not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies), specifying whether or not it intends to use such bodies to resolve the dispute itself.
9.4 The Seller also informs the user who holds the status of Consumer that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at http://ec.europa.eu/consumers/odr. Through the ODR platform the Consumer user will be able to consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
9.5 The right of the user Consumer to bring the dispute arising from these General Terms of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code, are in any event unaffected.
The user who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found at http://www.eur-lex.europa.eu.
Article 10 Customer Service
10.1 You may request information, send communications, request assistance, or file complaints by contacting the Seller at the contact information listed in the Foreword, or by using any contact form on the Site.
10.2 The Seller shall respond in an approximate time of 2 days.
Art. 11 Reviews
11.1 In accordance with the provisions of Legislative Decree No. 26 of March 7, 2023, the Site informs you that no tool is implemented on the Site that allows users to post reviews.
11.2 You are nevertheless invited to access this article on the occasion of future purchases to check whether a tool has been implemented on the Site that allows users to post their reviews referring to shopping experiences on the Site.
Art. 12 Miscellaneous
12.1 This document governs in its entirety the relationship between you and the Seller. The rights and obligations under the laws applicable from time to time shall in all cases be without prejudice