Terms and Conditions
General Terms and Conditions of Sale
TERMS AND CONDITIONS
Art. 1 - General Provisions
1. By navigating in this area, the user accesses GermoglioSì, through the url: germogliosi.it. Browsing the website and sending a purchase order implies acceptance of the Conditions and Data Protection Policies adopted by the website itself. 2. These General 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 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by:
Company: Igea pro S.r.l.
Head Office: Via della Quarzite nr. 7 (PG)
VAT No: 03597690548
3. The user is obliged, before accessing the products provided by the site, to read these General Conditions of Sale which are generally and unequivocally understood to be accepted at the time of purchase.
4. Users are invited to download and print a copy of the purchase form and of the present General Terms and Conditions of Sale, whose terms GermoglioSì reserves the right to unilaterally modify without prior notice.
Art. 2 - Object
1. These General Terms and Conditions of Sale regulate the offer, submission and acceptance of purchase orders of products on GermoglioSì. They do not regulate the provision of services or the sale of products by parties other than the seller, which are present on the same website through links, banners or other hypertext links. 2. Before placing orders and purchasing products and services from parties other than the seller, we recommend that you check their terms and conditions of sale.
Art. 3 - Conclusion of the contract
1. In order to conclude the purchase contract, the electronic form must be completed and submitted in accordance with the instructions. 2. The form contains a reference to the General Terms and Conditions of Sale, the images of each product and its price, the means of payment that can be used, the method of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, and the method and timing for returning the 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 checking that the data contained therein is correct.
5. The buyer is obliged to pay the price as soon as the online order process has been completed. This is done by clicking on the "Complete Purchase" button at the end of the guided procedure.
6. Once the contract is concluded, the seller takes over the order for processing.
Art. 4 - Registered users
1. In completing the registration procedures, the user is obliged to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. Confirmation shall in any case exempt GermoglioSì from any liability regarding the data provided by the user. The user undertakes to promptly inform GermoglioSì of any change in the data provided at any time.
3. If the user provides inaccurate or incomplete data, or if there is any dispute by the interested parties about the payments made, GermoglioSì has the right not to activate or suspend the service until the relevant shortcomings have been remedied.
4. At the time of the user's first request for activation of a profile, GermoglioSì will assign a username and password to the user. GermoglioSì acknowledges that these identifiers constitute the validation system for the user's access to the Services and the only system capable of identifying the user, and that the acts performed through such access shall be attributed to him/her and shall be binding on him/her.
5. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to pass them on, even temporarily, to third parties.
Art. 5 - Availability of the products
1. The availability of the products refers to the actual availability at the moment in which the purchaser places the order. This availability must in any case be considered purely indicative because, as a result of the simultaneous presence on the site of several users, the products may be sold to other customers before the order is confirmed.
2. Even after the order confirmation email has been sent, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified by eliminating the unavailable product and the purchaser will be informed immediately by e-mail.
3. If the purchaser requests the cancellation of the order, terminating the contract, GermoglioSì will refund the amount paid within 14 days from the moment GermoglioSì became aware of the purchaser's decision to terminate the contract.
Art. 6 - Products offered
1. GermoglioSì markets:
manual and automatic devices and related accessories for the indoor self-production of sprouts for human consumption.
2. The offer is detailed on our website under the link: https://germogliosi.it/what-the-sprouter-is-composed.asp
Art. 7 - Payment methods and prices
1. The price of the products shall be the price indicated on the website from time to time, unless there is an obvious error.
2. In the event of an error, GermoglioSì will notify the purchaser as soon as possible, allowing the order to be confirmed at the correct amount or cancelled. In any case, GermoglioSì shall not be obliged to supply the goods sold at the lower price erroneously indicated.
3. Site prices include VAT and do not include shipping costs. Prices may change at any time. Changes do not apply to orders for which an order confirmation has already been sent.
4. Once you have selected the products you want, they will be added to your shopping cart. Simply follow the purchase instructions, entering or checking the required information at each step of the process. You can change your order details before payment. 5. Payment can be made by:
Credit and debit cards, Paypal, bank transfer.
6. For buyers outside the Italian territory, GermoglioSì reserves the right to manage the conditions of purchase, including delivery times and shipping costs, in each specific case
Art. 8 - Delivery
1. GermoglioSì ships to the whole Italian territory, excluding the Vatican City State and the Republic of San Marino.
2. GermoglioSì delivers to the address provided by the user or to the collection points indicated at the time of purchase.
3. For the Italian territory, deliveries are generally made within 4 working days, or, if no delivery date is specified, within the estimated time when selecting the delivery method and, in any case, within a maximum of thirty days from the date of confirmation.
4. For European Union countries, delivery shall be made in 7-10 working days, and in any event, within the maximum period of thirty days.
5. If delivery is not possible, the order shall be sent to the warehouse. In this case, a notice will specify the location of the order and how to arrange a new delivery.
6. If you are unable to be at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
7. If delivery cannot take place for reasons beyond our control after thirty days from the date on which the order is available for delivery, we shall assume that you wish to terminate the contract.
8. As a result of the termination the amounts will be returned, excluding both the costs incurred for the delivery and any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 14 days from the date of termination. Transport resulting from the termination of the contract may have additional costs which shall be borne by the purchaser. 9. Shipping costs shall be borne by the buyer and are explicitly highlighted when placing the order.
Art. 9 - Passing of risk
1. The risks relating to the products shall pass to the purchaser from the moment of delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all amounts due in respect thereof, including shipping costs, or at the time of delivery, whichever occurs later.
Art. 10 - Warranty and commercial compliance
1. The seller shall be liable for any defect in the products offered on the website, including the non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
2. If the purchaser has entered into the contract as a consumer, i.e. any natural person acting on the website for purposes which are outside his or her trade, business or profession, this warranty is valid on condition that the defect becomes apparent within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defect within a maximum of 2 months from the date on which the defect was discovered by the purchaser and that the defect is excluded by an unsuitable use of the product; that the online return form is filled in correctly.
3. In the event of non-conformity, the purchaser who has concluded the contract as a consumer shall be entitled to have the products brought into conformity free of charge by repair or replacement, to obtain an appropriate price reduction or to have the contract rescinded in respect of the disputed goods and the price refunded accordingly.
4. All return costs for defective products will be borne by the seller.
5. All costs of returning defective products shall be borne by the seller.
The above points 2.-3.-4. also apply in the case of a professional buyer, for whom the legal guarantee is valid for a period of 12 months from the date of delivery of the products.
Art. 11 - Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the purchaser in a single order and delivered separately, the period of 30 days starts from the date of receipt of the last product.
3. Users wishing to exercise their right of withdrawal must communicate it to GermoglioSì by means of an explicit declaration, which can be sent by registered mail with return receipt to the following address:
VIA DELLA QUARZITE, 7 - 06132 - PERUGIA - PG
The user may also indicate the wish to withdraw, indicating the order number and name of the user, to:
4. The purchaser shall also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively by transmitting the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014, which is not mandatory.
5. The goods may be sent to:
VIA DELLA QUARZITE, 7 - 06132 - PERUGIA - PG
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached fiscal 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 period of 7 days, including any shipping costs.
7. As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the purchaser has demonstrated that he has returned the goods.
8. The right of withdrawal will not apply in the event that GermoglioSì's products are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The website will refund the purchaser by making payment by bank transfer; if the purchaser intends to exercise his or her right of withdrawal, he or she must provide the bank details: IBAN, SWIFT and BIC needed to make the refund.
Art. 12 - Data processing
Art. 13 - Safeguard clause
. 1. Should any of the provisions of these General Terms and Conditions of Sale be invalid for any reason whatsoever, this shall not affect the validity of and compliance with the other provisions of these General Terms and Conditions of Sale.
Art. 14 - Contacts
1. Any request for information may be sent by email to the following address firstname.lastname@example.org and by post to the following address:
VIA DELLA QUARZITE, 7 - 06132 - PERUGIA - PG
Art. 15 - Applicable law and competent court
1. These General Terms and Conditions of Sale shall be governed by and interpreted in accordance with Italian law, without prejudice to any other prevailing mandatory provision of the country of habitual residence of the purchaser. Accordingly, the interpretation, execution and termination of the General Conditions of Sale shall be subject exclusively to Italian law.
2. Any disputes arising from and/or in connection with the General Conditions of Sale shall be settled exclusively by the Italian courts. In particular, if the purchaser is a consumer, any disputes shall be settled by the court of the place of domicile or residence of the purchaser in accordance with the applicable law.
These conditions were drawn up on 03/03/2020.