General conditions of online sales

These general conditions of online sale govern the sales contract (hereinafter, the "Contract") of the products (hereinafter, the "product" or "products") offered by Vivai Provini with headquarters in Via Mario Tacca, 65 - 14049 Nizza Monferrato (AT) - Italy, CF/VAT number 01012500052, - through its website http://www.vivaiprovini.it (hereinafter, the "site") to users of the site (hereinafter, the "customers" or the "customer"). These general conditions of sale are intended to refer both to customers who can be classified as "consumers" pursuant to art. 3, paragraph 1, letter a) and to those who can be classified as "professionals" pursuant to art. 3, paragraph 1, letter c) of Legislative Decree no. 6 September 2005, n. 206, i.e. "natural persons acting for purposes other than any entrepreneurial or professional activity they may carry out" and "natural or legal persons acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediaries."

All information contained in the site is in Italian. The customer declares to have read all the above information and general conditions of sale, before placing the order. The customer also declares to have the legal capacity to commit as provided in these general conditions.

1. Object

The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop http://www.vivaiprovini.it

2. Territory and coverage of the offer

This version of the general conditions of sale refers exclusively to sales made to consumers having their domicile or residence in Italy.

3. Contractual documents

This contract is made up of the following documents: 1. these general conditions of sale 2. the order confirmation. The photographs illustrating the products on the site do not fall within the contractual scope and are shown for descriptive purposes only.

4. Order receipt

Any order confirmation signed by the validation click constitutes an irrevocable commitment by the customer that can be called into question only in the cases provided for in this contract in the articles "Right of withdrawal" and "Execution of the order". If the user does not agree with some of the terms reported in the general conditions of sale, he is invited not to submit the order and to contact the VIVAI PROVINI staff for any clarification.

5. Order acceptance

The conclusion of the contract will take place only upon confirmation of the order by VIVAI PROVINI. The customer will receive an email notification of receipt containing the order confirmation with all the elements constituting the contract (including products ordered, prices, delivery dates, shipping costs). VIVAI PROVINI reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or to a problem regarding the order received. VIVAI PROVINI cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. VIVAI PROVINI cannot be held responsible for any damage that may occur to the products after delivery to the carrier responsible for their transport, nor for delays in delivery attributable to the latter.

6. Product Availability

The offers contained in this site will be valid as long as the products listed remain online and until stocks run out. VIVAI PROVINI also reserves the right to communicate to the customer, within 20 days of purchase, to the email address associated with his/her profile, the possible unavailability of one or more of the products purchased. In the case of purchase of a product that is no longer available, VIVAI PROVINI will refund (on the payment card or PayPal account indicated by the same for the purchase or via bank transfer, the details of which are intended to be communicated later) the price and shipping costs incurred by the customer. The unavailability of one or more of the products ordered will not, in any case, give the customer the right to cancel the entire order.

7. Prices - invoice

Prices are expressed in Euros and include VAT at 4%, 10% or 22% depending on the type of product. The price guaranteed to the buyer is the one published on the site at the time the order is sent. Product prices are final. They do not include any delivery costs, which will be indicated in the order confirmation. In the case of promotional prices or discounts, the initial price on which the discount or promotion is applied is the official list price provided by the brand.

8. Payment

The customer who intends to proceed with the purchase of the products must express this desire through a request made directly on the site, in the specifically dedicated section, where, following the procedures indicated therein, he/she will send his/her purchase order and make the payment. The payment of the fee is due from the moment of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using the available payment methods. The customer guarantees to VIVAI PROVINI that he/she has any necessary authorisations to use the payment instrument indicated during the order. In the event of non-receipt by VIVAI PROVINI of the payment, VIVAI PROVINI reserves the right to cancel the order. In the case of payment by credit card, VIVAI PROVINI reserves the right to request the sending, within 24 hours, of a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested sending, VIVAI PROVINI may refuse the payment and cancel the order. The data relating to the payment will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.

9. Transfer of risks

The transfer of risks to the customer occurs upon delivery of the products to the carrier by VIVAI PROVINI. During the withdrawal period mentioned in Article 13, the customer is responsible for the object as custodian. In the event of damage or destruction of the product during the customer's custody, the latter will suffer all the consequences.

10. Order execution

The order will be executed within the terms specified on the Site and upon acceptance of the order by VIVAI PROVINI and in any case within 30 days following confirmation of the order subject to the availability of the ordered product and unless otherwise agreed between the parties. In the event of stock exhaustion or unavailability of the ordered product, PERAGA SRL undertakes to inform the customer as soon as possible and to specify a possible term of renewed availability. See art.6 regarding product availability.

11. Delivery

The geographical delivery area corresponds to the geographical coverage area of the offer. Deliveries are made from Monday to Friday. Collection at the office can be made from Monday to Saturday, during the opening hours of the store and after notifying the availability of the products ordered. The products are delivered to the address indicated by the customer. Delivery is intended to be at street level. The request for delivery to the floor of an order (where available) must be indicated by the customer at the time of final confirmation of the order. Unless otherwise specified during the purchase phase, VIVAI PROVINI does not provide an installation service for the products sold. VIVAI PROVINI, without prejudice to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, via the carrier responsible for transporting them. VIVAI PROVINI cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. VIVAI PROVINI cannot be held responsible for any damage that may occur to the products after delivery to the carrier responsible for transporting them, nor for delays in delivery attributable to the latter. VIVAI PROVINI delivers throughout Italy. Deliveries to disadvantaged postcodes may result in variations in the indicated transport rates. Delivery is made via couriers selected by VIVAI PROVINI; PO Boxes are not considered valid addresses for delivery purposes. The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and release of the goods. Upon delivery, the customer must verify the content, conformity and condition of the product(s). In the event of delays, damage, total or partial losses or other problems, the customer is entitled to appeal to the carrier without VIVAI PROVINI ever being held liable. Therefore, upon delivery, VIVAI PROVINI recommends that the customer proceed to verify the condition of the products delivered before signing the receipt document. If any anomalies are found, the customer must refuse delivery of the products or put in writing his reservations, detailed and dated. These reservations must be confirmed to VIVAI PROVINI by registered mail with return receipt within three (3) working days following delivery of the products.

12. Collection of products in the event of the customer's absence

In the event of the recipient's absence during delivery, the carrier will leave a notice of passage at the delivery address indicated by the customer. In the event of the recipient's absence even at the second delivery attempt, the products must be collected at the address and according to the methods indicated by the carrier. In the event of failure to collect within the deadline established by the carrier, the products will be returned to VIVAI PROVINI which reserves the right to refund the price of the products, deducting any storage and return costs to be paid by the customer.

13. Right of withdrawal

The customer has the right to withdraw from the Contract, without any penalty and without specifying the reason, starting from the receipt of the order confirmation sent by VIVAI PROVINI within and no later than fourteen (14) days from receipt of the product at the address indicated for delivery. The date shown on the delivery note is full proof of receipt. The customer may exercise the right of withdrawal by sending an email to info@vivaiprovini.it. If the product has already been delivered, the customer is required to return it to VIVAI PROVINI. To this end: 1. the deadline for returning the product is fourteen days from receipt of the same; the date shown on the delivery document is full proof. For the purposes of the deadline, the product is considered returned when it is delivered to the accepting post office. 2. if the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. the customer must send the product adequately packaged and wrapped; VIVAI PROVINI does not accept returns that are damaged, but kept in a normal state of conservation, stored with the use of normal diligence. Products damaged by detergents/additives, or products damaged by the customer due to inexperience, will not be replaced or refunded. The customer must insert a copy of the delivery document received inside the packaging box. The transport risks for returning the products are entirely borne by the customer.3. The costs of returning the goods to VIVAI PROVINI are borne by the customer, if the customer exercises the right of withdrawal in accordance with the provisions of these conditions of sale, VIVAI PROVINI will refund the sums paid by the customer to the credit card or PayPal account or through the bank details communicated by the same. The refund will be free of charge, within 14 days from the date on which VIVAI PROVINI became aware of the exercise of the right of withdrawal by the customer. As provided for by Legislative Decree 6/9/2005 n. 206 and art. 55 of the Consumer Code, the right of withdrawal regulated by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly (for example seeds in general, soils, insecticides, fertilizers in all their forms, fish and turtle food and flower bulbs).

14. Warranty

In order to avoid any inconvenience, the products are subjected to random checks by VIVAI PROVINI before being shipped. However, the customer benefits from the manufacturer's warranty. The products sold also benefit from the legal guarantee against hidden defects provided for by articles 1641 et seq. of the Civil Code. Finally, some products benefit from an extended warranty. In these cases, the terms and duration of the warranty are specified in the warranty certificate delivered with the product. The latter does not cover damage, breakages or malfunctions due to failure to comply with the precautions for use. To activate the warranty, the customer returns the product to VIVAI PROVINI at his own expense, enclosing the original invoice. The product will be exchanged for an identical product and sent to the customer at VIVAI PROVINI's expense, except in the event of out of stock or discontinuation of the range offered by VIVAI PROVINI. In this last case, VIVAI PROVINI will proceed to refund the price of the product to the customer.

15. Use of the site

The product descriptions and images on the site correspond to what is made available by VIVAI PROVINI suppliers to VIVAI PROVINI itself. The photographs and videos presenting the products accompanying the descriptive information are published on the site for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of the color variations, may depend on the software and IT tools used by the customer when connecting to the site. VIVAI PROVINI assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as they do not depend on its own will.

16. Intellectual and industrial property rights

VIVAI PROVINI informs that the site, as well as all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation is prohibited, in any form and for any purpose they occur. VIVAI PROVINI reserves the right to take legal action to protect these aspects. VIVAI PROVINI assumes no responsibility for the trademarks and other distinctive signs that appear on the products it markets on the site, with respect to which the customer does not acquire any rights following the conclusion of the Contract.

17. Protection of personal data

VIVAI PROVINI is the owner of the personal data communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. For information relating to the processing of personal data, including the rights under art. 7 of Legislative Decree 196/03, please refer to the detailed information at http://www.vivaiprovini.it/privacy

18. Electronic signature

The "validation click" constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

19. Entirety of the contract

These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the customer may be inserted or excluded from these general conditions.

20. Nullity

If one or more provisions of these general conditions are considered invalid or declared as such pursuant to a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.

21. Communications

For any communication, you can contact VIVAI PROVINI at the following addresses: VIVAI PROVINI, Via Mario Tacca, 65 - 14049 Nizza Monferrato (AT) - email: info@vivaiprovini.it

22. Applicable law

The sales contract between the Customer and VIVAI PROVINI is deemed to be concluded in Italy and governed by Italian law.

23. Product images and description

The images and descriptions of the products are purely indicative and may therefore not be perfectly representative of the characteristics of the product, differing in colors, dimensions or accessories.

Nice Monferrato, 03.19.2021