General conditions and Payments
These Conditions govern the commercial relations existing between Marino Fiori Snc (hereinafter referred to as 'Casa delle Piante') and the author of the order (hereinafter referred to as the Client) whose personal data are indicated in the order form.
The sales contract is understood to be finalized with the acceptance of the order by Casa Delle Piante and the payment received. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for the non-acceptance, even partial, of an order. The main payment methods are available for payment:
If you pay by bank transfer, the order will be considered as approved only after confirmation of the bank transfer. The payment details are:
Beneficiary: Marinofiori Snc IBAN n. IT82M0303201002010000003812
Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for the non-acceptance, even partial, of an order.
The General Conditions set out below make it clear the rights, obligations, warranty exclusions and responsibilities that may apply to the customer. By placing an order for a product or service on the website http://www.casadellepiante.it, in the various ways provided, the Customer declares to have read, understood and accepted in all its parts, all the information provided to him during the purchase procedure, the offer of product specifications, and these General Conditions in their entirety. Any condition formulated by the Customer that does not comply with these General Conditions will be deemed invalid. These General Conditions may undergo any changes made necessary by subsequent provisions of the law and/or regulations. With this contract, Casa delle Piante offers the goods and services indicated by the Customer in the order form, to be considered an integral part of the contract. The contract stipulated between Casa delle Piante and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Casa delle Piante.
This acceptance is considered tacit, unless otherwise communicated in any way to the Customer. The Customer declares that he has not entered false or fictitious data in the order form, and therefore declares that the data entered correspond to his own. Casa delle Piante reserves the right to prosecute any violation and abuse in the appropriate forums. The obligations assumed by the Customer as well as the guarantee of the successful completion of the payment procedure carried out by the Customer, are of an essential nature for Casa delle Piante, which reserves the right, in the event of non-fulfilment of one of the aforementioned obligations, to terminate the contract by law, without prejudice to any right to compensation for damages. If the Customer is a final consumer, once the registration procedure on the site and/or the purchase procedure has been completed, he will print or save an electronic copy and in any case keep these general conditions, in compliance with the provisions of art. 3 and 4 of Legislative Decree 185/1999 on distance selling.
Registration on the site is optional. It is possible to consult the product catalog on the Site without being registered, the same orders via the internet can be made without registration or by providing online only the data necessary for the mandatory tax requirements and for the shipment of the goods. The Customer can indicate the data for any invoicing of the goods purchased. The technical information included in the Site is obtained from the information published by the manufacturers of the goods included in our catalogue. Casa delle Piante, therefore, reserves the right to modify and/or adapt the technical and dimensional information of the products in the catalogue, based on what will be communicated by the producers, even without any notice.
The Customer can only purchase the products present in the electronic catalog made available on the Site at the time the order is sent. Since access and the possibility of forwarding the order online modify the availability of the products in real time, Casa delle Piante does not guarantee the certainty of assignment of the goods ordered.
We work (for deliveries in Italy) with advanced logistics, not collecting the goods on holidays and days before holidays, we are only operational on weekdays from 9.00 to 12.00, therefore you can always place orders on the site but the orders will be processed based on collections for delivery only. For detailed information on the accepted payment methods, consult the Orders and Payments page which is an integral part of these General Conditions. For information on shipping methods, times and related costs, consult the Shipping page which is an integral part of these General Conditions. In any case, please note that upon delivery of the goods by the courier, the Customer is required to check: that the number of packages (number of parcels) being delivered corresponds to what is indicated in the transport document sent in advance by e-mail; that the package is intact, not damaged, not tampered with, wet or otherwise altered, even in the sealing materials (adhesive tape and clamps). Any disputes must be immediately raised to the carrier of the courier who carries out the delivery, in the absence of these, the goods will be considered delivered correctly, in fact, once the courier's document has been signed without verification reserves, the Customer will not be able to make any dispute regarding the external characteristics of what was delivered. The goods always travel at the Customer's risk, however when the damage is caused by the courier, we can submit a claim only if the Customer has ascertained the damage to the package and has signed "with reserve". In cases where the Customer accepts or refuses the delivery with reserve, he is requested in any case to inform Casa delle Piante by sending an email as soon as possible to: email@example.com and a copy to firstname.lastname@example.org. In particular, if upon unloading the goods there is evident damage to the packaging, it is necessary to: express a reserve or the package is accepted but before signing the document you will have to write in the space provided, "I accept with the right to reserve", describing in writing in detailed the nature of the damage found, after opening the package in the presence of the courier carrier; or reject the damaged goods if it is not possible to accept the package with reserve or if the damage is still visible without having to open the package, writing in the space provided, "Rejection due to breakage/tampering". In the event of non-collection within the expected storage period at the courier's warehouses due to repeated inability to deliver to the address indicated by the Customer when placing the order due to absence of the same or due to incorrect address specified by the Customer, the order will be automatically canceled and the shipping costs, including those for returning the package to the sender, will be charged entirely to the Customer.
For orders placed on the Site, Casa delle Piante issues, only upon request when completing the order, a regular invoice, for which the information provided by the Customer in the registration form will be authentic, with particular reference to the Tax Code, Company Name and VAT number and unique code. No change in the invoice will be possible after its issuance, which will take place after the Customer has paid the full amount. The document will be printed in PDF format and sent by email to the customer and to the revenue agency. Casa delle Piante reserves ownership of the goods supplied until the Customer has fulfilled all the obligations towards him and in particular until full payment of the price. This retention of title does not hinder the transfer of risks which will in any case be borne by the Customer from the moment in which the ordered products have left the Casa delle Piante warehouses in accordance with the provisions for shipping and delivering the Products.
Returns, withdrawals, non-compliance and guarantees.
Casa delle Piante operates in compliance with the rules governing the online purchases contained in the legislative decree of 21 February 2014, n. 21, which, in implementation of directive 2011/83/EU on consumer rights, and the CONSUMER CODE (legislative decree 6 September 2005, n. 206). To go into details and to make clear and evident to our customers the protections to which they are entitled, you can click on the Satisfied or refunded link, present on the site and which are an integral part of these General Conditions. In the case of the purchase on the site of a perishable good such as plants or flowers it is not possible for the customer to make use of the law that provides for the replacement as it is not possible to return a 'live' product, in the case of non-compliance it will be possible to request a refund within the strict deadline of 3 days from the delivery. To meet the deadline, it is sufficient to send the "non-compliant product notification" of the non-compliant product via email in good time.
For all products sold on the Site that enjoy the legal guarantee provided by the supplier companies, this takes effect from the date of purchase and is linked to the original guarantee of the manufacturer, in any case in compliance with Legislative Decree 24/2002 of 02/02/2002 (EEC Directive 1999/44/EC). We remind you that to use it, the Customer must keep the invoice and the transport document that he will receive upon delivery of the goods. In the event that, for any reason, it is not possible to return a product under warranty to the Customer (restored or replaced), Casa delle Piante will proceed to replace it with a product of equal or superior characteristics. In all cases, the goods to be repaired or replaced must be returned by the Customer, at his expense, in the original packaging, complete in all its parts (original packaging, documentation and accessory equipment), and affixing the printout of the email provided by Casa delle Piante, specifying the RMA number (Return Authorization Code). The right of withdrawal meets the limits set by Legislative Decree 185/99 and the following European Union consumer directive implemented in Italy with Legislative Decree 21/2014. The Consumer Code, in art. 59, provides that there are some cases of purchases for which the right of withdrawal is completely excluded. The categorization indicated by the law includes, by way of example: the supply of personalized or made-to-measure goods; the supply of perishable goods; the supply of sealed goods which, for safety or health reasons, are not suitable for their return after opening; the supply of alcoholic beverages whose price, agreed, is linked to market fluctuations and whose delivery cannot take place before 30 days; the supply of newspapers, magazines and periodicals; the supply of video/audio/software delivered sealed and that have been opened; contracts where the consumer has specifically requested a visit by the trader for the purpose of carrying out repair or maintenance work. In such cases, imperative, expressly codified and not susceptible to analogical extension or modification by the professional or the parties, the seller has the right to refuse the return of the product and deny the refund of the price paid only if, in a timely manner pursuant to the 'art. 49, has indicated in the general conditions for which products the right pursuant to art. 54. the right applies to the product purchased in its entirety, therefore it is not possible to exercise it only on a part of the product purchased; together with the RMA number, as required by law, the shipping costs relating to the return of the goods are charged to the Customer, the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer in cases of damage, loss or theft. In the event of damage to the goods during transport, Casa delle Piante will notify the Customer of the incident within 5 days of receipt of the goods in its warehouses, to allow him to promptly file a complaint against the courier of his choice and obtain reimbursement of the value of the asset (if insured). In this case, the product will be made available to the Customer for its return at the Customer's expense, and the request for withdrawal will be canceled at the same time. Casa delle Piante is not liable in any way for damage or theft/loss of goods returned with uninsured and/or untraceable shipments. Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the original package and/or packaging are damaged, Casa delle Piante will deduct a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the costs necessary for the restoration, if Casa delle Piante has collected the price of the product from which you withdraw, will refund the Customer the relative amount (minus any sums for the restoration of the packaging), by bank transfer, within 30 days from the date of notification of the withdrawal by registered mail and not before having received the product. It will be the Customer's responsibility to promptly provide the bank details (IBAN and Current Account number of the order holder) on which to obtain the transfer. Failure to comply with the terms and conditions indicated above implies the ineffectiveness of the withdrawal. In this case, Casa delle Piante will send a communication via e-mail to the Customer and will return the purchased good to him, charging the shipping costs to the same.
Casa delle Piante is not responsible for any damage or loss, direct and/or indirect to persons and/or things, deriving from the sale and subsequent use of goods and services offered in the catalog published on the Site, even for delayed and/or non-delivery of the product, nor for the correspondence of the goods to the specifications published on the site, nor for any other fact not directly attributable to Casa delle Piante. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order. The technical and aesthetic characteristics of the products in the catalog are always indicative. The image accompanying the description of a product may not be representative of its characteristics, but may differ in colour, size, accessory products present in the figure, it may be photographed with flowers even if in reality the one sent has yet to flower or even the dimensions may serve as an example of what a plant we sell might look like after one or two years. All support information is to be understood as simple generic information material, not referable to the real characteristics of a single product.
Casa delle Piante is not liable for typographical errors or variations in the characteristics and prices introduced by the producers or for damages caused by improper use of the products or by their defects. The personal data requested during registration, contact and order forwarding are collected and processed for the sole purpose of satisfying the express requests of the Customer and activating the procedures for executing orders and the related necessary communications. Only in particular cases is it possible that the data collected is communicated and/or processed thanks to the help of external suppliers, who receive and use only the data necessary to carry out the task for which they have been called into question. Casa delle Piante guarantees its customers compliance with the legislation on the processing of personal data, according to the provisions of the privacy code pursuant to Legislative Decree n. 196/2003.
The data controller is Marino Fiori snc Corso Francia 17/d, Rivoli 10098 (TO) in the person of the pro tempore legal representative to be understood domiciled for the purpose at the registered office. For more information on the processing of personal data, consult the Privacy section of the website.
The sales contract between the Customer and Casa delle Piante is understood to be concluded in Italy and governed by Italian law.
For any civil and/or criminal dispute deriving from the conclusion of this remote sales contract, the competent court will be that of the municipality of residence or domicile of the owner of the Casa delle Piante.