Download our on-line Shop Terms of Sale in .pdf file format HERE
ON-LINE SHOP TERMS OF B2C SALE WWW.AGRONAUTICOSMETICS.COM (rev. 1.2)
1.1) These terms of sale (hereinafter the "Terms of Sale") govern the B2C sale and purchase agreement (hereinafter the "Agreement" or, in the singular, the "Agreement") entered into on the www.agronauticosmetics.com site (hereinafter the "Site") by users of the Site (hereinafter the "Users" or, in the singular, the "User") and related to the product(s) (hereinafter the "Product" or, in the plural, the "Products") therein. The seller and the owner of the site is a start-up company under Legislative Decree 179/2012, converted by Law 221/2012 and subsequent modifications and additions (information notice pursuant to article 25, paragraph 11 of Legislative Decree that can be found on the Site) named Verdeparallelo s.r.l. (hereinafter the "Seller"), with registered office (hereinafter the "Registered Office") in Italy in 23900-Lecco (LC), Via Camillo Benso di Cavour 44 and operational headquarters and warehouse (hereinafter the "Headquarters" or "Warehouse") in 20856 - Correzzana (MB), Via Galileo Galilei, 15/A, Italy, Tax Code/VAT No./LC Companies Register: IT03503180139, Economic Administrative Index: LC-318596, fully paid-up share capital: 50,000.00 €, telephone no.: +39 039 9467733, e-mail: email@example.com and certified e-mail address: firstname.lastname@example.org.
1.2) The Agreement constitutes a distance contract governed by Italian law and, mainly, (i) by Legislative Decree 206/2005 and subsequent modifications and additions (hereinafter, the "Consumer Code") and (ii) by Legislative Decree 70/2003 and subsequent modifications and additions (which includes the rules on e-commerce). The language of the Users for the conclusion of the Agreement is Italian, even if the Terms of Sale and/or, in general, the contents of the Site are also written in other languages. In the event of inconsistencies between the Italian version of the Site and/ or its contents and versions in any other language, the Italian version shall prevail. For more details on the applicable Law and jurisdiction, see Article 13) and its sub-paragraphs below.
1.3) The Terms of Sale only govern the Agreements. Therefore, the Terms of Sale do not govern the provision of services and/or sale of Products by parties other than the Seller that may be present on the Site via links, banners and other hypertext links. Before buying Products/services from anyone other than the Seller, Users are obliged to check their terms of sale because the Seller is not responsible for the provision of services/sale of Products by third parties and/or, in general, the conclusion of e-commerce transactions between Users of the Site and third parties.
1.4) The Seller reserves the right to make changes to the Terms of Sale. Such changes will take effect at the time of their publication on the Site in the "Terms of Sale" section on each page of the Site. Prior to purchasing Products through the Site, the User must read the updated version of the Terms of Sale that the Seller publishes in the "Terms of Sale" section of the Site carefully (in PDF format and viewable using Acrobat Reader, a software that can be downloaded free-of-charge at the following link: https://get.adobe.com/it/reader/), which can be stored, reproduced, archived or printed, as well as any other information that Seller provides to Users of the site, both before and during the purchasing process (hereafter, the "Purchasing Process") referred to in Article 4) and its sub-paragraphs below.
1.5) The Terms of Sale applicable to the Agreement are those in effect at the time the order form (hereinafter, the "Order Form") for one or more Products is submitted at the end of the Purchasing Process.
1.6) Users may ask for information from the Seller by contacting Customer Service, which answers in Italian and English, at the contact details listed in the "Customer Service & Contacts" (hereinafter, "Contacts") section of the Site, which contains the information normally required by Users.
2) Purchases via the Site
2.1) The purchase of Products via the Site is allowed for Users who qualify as consumers (hereinafter, the "Consumer" or, in the plural, the "Consumers") pursuant to Article 3(c) of the Consumer Code and only on condition that they have reached the age of 18 (eighteen).
2.2) Under Article 3(I)(a) of the Consumer Code, please note that the Consumer is "a natural person acting for purposes not related to business, commercial, craft or professional trades".
2.3) Purchase requests for delivery to countries not indicated in the “Shipping and delivery” section of the Site cannot be completed using the Purchasing Process. For delivery to countries not listed, Users may contact the Seller at the address in the Contacts section. The Seller reserves the right not to accept purchase requests for deliveries to countries that are not included in the list.
3) The Products
3.1) The Products on offer by the Seller can be found in the "Shop" section of the Site (hereinafter, the "Shop").
3.2) Each Product is described in a specific information page that describes its characteristics (hereinafter, the "Product"). Information on Product availability (shown by a shopping basket icon and an "Add to cart" button) can be found on the Product Sheet, inside the Shop. If a Product is unavailable, the User can insert the Product in a "Wishlist" (hereinafter, the "Wishlist") and/or ask to be notified when the product becomes available by activating the "Notify me when available" function by clicking the specific button on the Product Sheet. The User who submitted the request will receive a notification e-mail as soon as the Product is available. The request for notification of availability does not entail an obligation to purchase nor does it represent a reservation and/or purchase order of the Product.
3.3) The Seller continuously monitors and updates the availability of Products. However, since the Site can be visited by several Users at the same time, more than one User may attempt to purchase the same Product simultaneously. In such cases, the Product may appear to be available for a short amount of time, but may in fact be sold out or not immediately available, since stocks may have to be replenished. Should this occur, the Seller will send an e-mail to promptly inform the user of the unavailability of the Product and, if the User has already paid, the amount paid will be refunded by the Seller without undue delay and the Agreement will be deemed terminated.
4) Information for the conclusion of an Agreement
4.1) In accordance with Italian law cited in section 1.2) above, the Seller will provide the following information for the conclusion of the Agreement to the User.
4.1.1) In order to conclude the Agreement, the User shall complete the Purchasing Process by filling out the Order Form in electronic format and submitting it electronically to the Seller according to the procedure described in paragraph 184.108.40.206).
220.127.116.11) After placing the Product to be purchased in the shopping basket (hereinafter, the “Basket”) by clicking on the specific icon or the button in the Product page or the Product Sheet, the User shall access the Basket by clicking on the specific label at the top of the Site and then following the "Check out" procedure (hereinafter, the "Check out") by clicking on the button and accessing section "1. Summary" of the Purchasing Process where the User can check/modify/add to/correct the contents of the Basket and calculate the delivery costs, as well as enter an alphanumeric discount code (hereinafter, the "Coupon"), if available. By clicking on "Next" in the bottom corner, the User can access section "2. Login" of the Purchasing Process in which the User may (i) create an account by entering (in hereinafter, "Registration") an e-mail address in an initial screen and clicking on the "Create your account" button to complete the creation of an account (hereinafter, the" Personal Account") by filling out a specific form in a second screen, or (ii) directly enter the e-mail address and password (hereinafter, the "login credentials") already provided during registration, or (iii) use the "Quick Check-out (without registration)" (hereinafter, the "Quick Check-out") by filling-out a specific form. Once the required steps have been completed, the User will be directed to section "3. Address" of the Purchasing Process to provide/confirm the shipping address. Once the address has been confirmed, the User can click on "Next" at the bottom of the screen and access section "4. Delivery" of the Purchasing Process in which the delivery option for the shipping address on the previous page can be selected. Once the delivery method has been defined and the Terms of Sale have been accepted, by clicking "Next" at the bottom of the screen, the User will access section "5. Payment" of the Purchasing Process in which the Order Form can be checked/modified/added to and the payment method can be selected from among those available and further described in Article 8) and its sub-paragraphs below. Once the payment method has been selected, the User will then access a page that will again allow the Order Form to be checked/modified/added to/corrected or forwarded to the Seller, with payment taking place according to the selected method. The forwarding of the order will nevertheless be preceded by a summary screen detailing the main characteristics of the Product(s) chosen, the total cost of the Product(s), including VAT and any applicable taxes, as well as the delivery charge, including VAT and any applicable taxes (hereinafter, the "Total").
4.1.2) The Agreement is concluded when the Order Form is received by the Seller’s server, following verification that the data on said form is correct.
4.1.3) As stated above in paragraph 18.104.22.168), before forwarding the Order Form, the User can identify and correct any data entry errors by following the instructions provided in paragraph 22.214.171.124) above and throughout the Site during the Purchasing Process.
4.1.4) Once the Order Form has been received, the Seller will record it and send the User an e-mail confirming the order (hereinafter, the "Order Confirmation") containing: (i) a summary of the general and specific conditions that apply to the Agreement, (ii) information relating to the basic characteristics of the Product(s) purchased, (iii) details of the total cost of the Product(s), including VAT and any applicable taxes, the delivery charge, including VAT and any applicable taxes, as well as the payment method chosen by the User, (iv) any additional costs and their details, if applicable, (v) the duration of the Agreement, if applicable, (vi) the Customer Service contact details that the Customer may use to ask for assistance and/or register complaints, (vii) the Terms of Sale, (viii) the receipt (reporting the information provided by the User and which cannot be changed once issued) and/or the link to the Site where the User can find it, (ix) the link through which to view the details of the order and its advancement and, lastly, (x) the information required to exercise the right of withdrawal, where there is also the link to the template form for withdrawal from the Agreement prepared by the Seller (hereinafter, the "Template Form for Withdrawal") referred to in Article 10) and its sub-paragraphs below.
4.1.5) The Order Form will be filed in the Seller’s database for the time necessary for the execution of this Agreement and, in any case, the period required by law. Users who have registered pursuant to the above paragraph 126.96.36.199) can find a copy of the Order Form submitted in the Personal Account section.
4.1.7) The Seller may not process purchase orders submitted via the Order Form if they fail to provide sufficient guarantees of solvency, if they are incomplete, incorrect or in the event of unavailability of the Products. In such cases, the Seller will inform the User via e-mail that the Agreement is not concluded and that the purchase order has not resulted in any actions being taken, specifying the reasons. If the Products on the Site are no longer available or for sale at the time of the User’s last access to the Site or the submission of the Order Form, the Seller will notify the User of the unavailability of the Products promptly or, in any event, within thirty (30) days from the day following submission of the Order Form. In the event of the Order Form having been submitted and payment having taken place, the Seller will refund amount paid by the User without undue delay and the Agreement will be terminated.
4.1.8) The Agreement is conditional on the payment of the "Total" displayed in section "5. Payment" of the Purchasing Process on the Site pursuant to paragraph 188.8.131.52) above. Therefore, in the event that such payment does not occur, the Agreement will be deemed resolved by law and it will be as if the Order Form had never been forwarded.
5) Registering on the Site and provisions relating to Login Credentials
5.1) Each User may register only once.
5.2) By inserting the Login Credentials, the User may access a Personal Account where the following User information can be found: (i) order history and details, (ii) refunds, (iii) addresses, (iv) personal details, (v) Coupons, (vi) notices, (vii) reviews and (viii) Wishlist.
5.3) The Login Credentials must be kept by the User with utmost care and attention. The Site provides a special procedure for password recovery that can be activated by clicking at the top of the page in the "Login/Registration" section for cases in which the User has forgotten it. Login Credentials can only be used by the User of the specific Personal Account and cannot be transferred to third parties. The User agrees to keep the Login Credentials secret and ensure that no third party has access. The User also undertakes to immediately notify the Seller, using the contact details listed in the Contacts section to get in touch with the Headquarters, upon suspecting or becoming aware of the misuse or undue disclosure of said Login Credentials.
5.4) The User warrants that the personal details provided during Registration (or modifying these details pursuant to paragraph 5.2) and/or during the Purchasing Process are complete, accurate and up-to-date and agrees to hold the Seller free and harmless from any damage, claims for damages and/or penalties arising from and/or in any way related to the User’s breach of the rules governing Registration to the Site and/or storage and/or use of Login Credentials.
6) Product information
6.1) Information relating to Products are continuously checked by the Seller. However, it is not possible to guarantee the complete absence of mistakes, inaccuracies, typographical errors and/or omissions that the Seller reserves the right to correct. The Seller also reserves the right to modify and/or update this information at any time without prior notice.
6.2) The visual representation of the packaging of Products on the Site, where available, usually corresponds to the photographic image of the packaging itself. It is understood that this representation is only meant to present the Products on sale and may differ from the actual appearance due to the settings of the computer systems and/or the computers and/or the browsers used by Users. These images must therefore be understood as merely indicative.
7.1) The prices of Products are indicated in Euros or, if desired by the User, in pounds (pound sterling) using the current conversion rate and are inclusive of VAT and any and all taxes and charges. Delivery costs, which can vary according to the method of delivery selected and/or in relation to the payment method used, will be specifically indicated in Euros or if desired by the User, in pounds (pound sterling) using the current conversion rate and are inclusive of VAT and any and all taxes and charges.
7.2) The Seller reserves the right to change the price of the Products and/or delivery charges at any time and even several times during the same day, if necessary. The User is therefore required to check the Total before submitting an Order Form. It is understood that the amount to be charged to the User will be reported in the Order Form and will not take account of any changes (increases or decreases) in the price of Products and/or delivery charges which are subsequent to the submission of the Order Form itself.
7.3) In the event that a Product is offered at a discounted price, the Site will nevertheless clearly report the full price on which the discount is calculated.
8) Payment method, refunds and Coupons
8.1) The list of all the payment methods accepted by the Seller in relation to the possible types of delivery can be found on the Site at the "Secure Payments" link. The payment methods accepted by the Seller based on the type of delivery selected by the User during the Purchasing Process will be automatically displayed in sections "4. Delivery" and "5. Payment" of the Purchasing Process. All refunds made by the Seller to the User in the cases provided for in the Terms of Sale, unless otherwise provided in this article and its sub-paragraphs, will be carried out using the same method of payment used by the User unless expressly agreed otherwise and provided that no extra charges are incurred as a result of the refund.
8.1.1) PayPal ("Pro" version)
184.108.40.206) Users who choose PayPal as the method of payment shall, on payment of the Total, be re-directed to a PayPal web page (customised with the Seller’s graphics) which the User will carry out the payment according to the procedure devised and governed by PayPal and the terms and conditions of the agreement between the User and PayPal. Data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or provided to the Seller. Therefore, the Seller will not be in a position to find out or store the data related to the User’s credit cards or PayPal account/card or data of any other payment method associated with this account.
220.127.116.11) In the case of payment by PayPal, the Total will be charged by PayPal to the User simultaneously with confirmation of the relevant provision. The time it takes to credit monies by the payment tool used by the account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favour of the account, the Seller shall not be liable for any delay or failure in crediting the refunded amount to the User and the latter may dispute the delay/failure by directly contacting PayPal and/or the banking system.
18.104.22.168) In order to ensure secure payments via the Site and to prevent fraud, the Seller reserves the right to send an e-mail to the User requesting a copy, via e-mail, of an identity document and, should the person who placed the order be someone else, the identification document of this other person, too. The document must be valid. The requesting e-mail will specify the period within which the document must be received by the Seller. In any event, the deadline will not be more than 5 (five) working days from receipt of the request by the User. The order will be suspended pending receipt of the requested document. The User shall send the requested documents within the time specified. In the event that the Seller does not receive the documents within the time specified in the requesting e-mail or receives expired or invalid documents, the Agreement shall be terminated in accordance with and for the purposes of Article 1456 of the Italian Civil Code and, consequently, the order shall be cancelled, subject to the right of the Seller to compensation for any damages that may have been incurred as a result of the User’s incorrect conduct. The termination of the Agreement, of which the User will be notified by e-mail no later than five (5) working days after the deadline for the submission of the documents requested by the Seller, will result in the cancellation of the order and refunding of the Total paid, if already paid, in accordance with paragraph 22.214.171.124) below. In case of timely receipt of the valid documentation requested by the Seller, the delivery terms applicable to the Product will commence from the date of receipt of such documentation.
8.1.2) Cash on delivery
126.96.36.199) Cash on delivery payment is only available with the following methods of delivery: collection at the Headquarters of the Seller (if such kind of delivery is available on the Site), "by bicycle" (only for deliveries in the City of Milan for orders of less than 4 kg in weight) and via express courier.
188.8.131.52) Cash on delivery payments can only be made in cash, with the exclusion of cheques (bank cheques, cashier’s cheques) and/or other securities, up to a maximum of € 999.99 (or other limit imposed by law or by the courier).
184.108.40.206) Cash on delivery payments might include an extra cost to be paid to the Seller, the amount of which can be checked in section "4. Delivery" of the Purchasing Process.
220.127.116.11) In the event of exercising the right of withdrawal pursuant to Article 10) and its sub-paragraphs below, the refund by the Seller could be done, at Seller's own discretion, alternatively (i) with bank transfer using the User's bank details (the User undertakes to furnish such bank details if required by the Seller) or (ii) with payment on the User's PayPal account.
8.1.3) Bank Transfer
18.104.22.168) The bank details for bank transfers to the Seller can be found in section "5. Payment" of the Purchasing Process following selection of the specific method of payment by clicking on the link at the bottom of said section, and sent to the User by e-mail following the order confirmation e-mail.
22.214.171.124) Payment by bank transfer must be made no later than 7 (seven) calendar days from the submission date of the Order Form. After expiry of that period, if payment has not been made the Agreement will be considered terminated as of right and said resolution will be communicated to the User by e-mail. In any event, the Seller reserves the right to contact the User in order to verify why payment was not made.
126.96.36.199) The delivery of Products will only take place after the Total amount is paid into the Seller’s current account. Consequently, the terms of delivery of Products (listed in section "4. Delivery" of the Purchasing Process and on the specific page accessible via the "Shipping and delivery" link on the Site) shall be effective from that date.
188.8.131.52) To facilitate the link between payments made by bank transfer and the Order Forms submitted, the User is required to state the order number indicated in the Order Confirmation on the bank transfer.
8.1.4) Payment via POS
184.108.40.206) Once the User has chosen the methods of payment and collection from the Seller’s warehouse (if such kind of delivery is available on the Site), the related transaction can take place by cash on delivery pursuant to Article 8.1.2) above or by using the following: Cash card, Visa, Mastercard, Maestro, JCB or American Express. The Seller reserves the right to deliver the Product(s) only if the person collecting the parcel is also the holder of the payment card used.
8.2.1) The User must enter the data of any Coupon in his possession in the appropriate space during the Purchasing Process.
9) Shipping and delivery
9.1) Before the User submits the Order Form, section "4. Delivery" of the Purchasing Process will display the terms by which the Seller agrees to deliver the Product(s). Said terms shall be in effect from the day following the conclusion of the Agreement, except for cases in which the User payment via bank transfer (on this point, please read paragraph 220.127.116.11) above) and, in any event, unless otherwise stated on the Site by the Seller.
9.2) The obligation of delivery shall be deemed fulfilled by the Seller when the material availability or control of the Product has been transferred to the User. It is the responsibility of the User to verify the condition of the P(s) delivered. Notwithstanding that the risk of loss of or damage to the Product(s), for reasons not attributable to the Seller, is transferred to the User when the User or a third party designated by the User, other than the carrier engaged to transport the Product(s) (hereinafter, the "Carrier"), physically takes possession of the Product(s), it is recommended that the User should check the number of Products received and that the packaging is not damaged, wet or otherwise altered, including the sealing materials (adhesive tape/metal strapping/other) and is encouraged, in the User’s own interest, to report any issues on the Carrier’s delivery note, accepting the package with reservations. In fact, receipt of the Product(s) without reservations does not allow the User to take legal action against the Carrier in case of loss or damage of the Product(s), except in cases where the loss or damage is due to wilful misconduct or gross negligence on the part of the Carrier and except for partial loss or damage that could not be identified at the time of delivery, provided that the damage is reported as soon as it is detected and, in any case, no later than 8 (eight) days after receipt. In the event that the packaging shows signs of tampering or alteration, it is also recommended that the User should give prompt notice to the Seller via the Contacts section. Nevertheless, the application of the rules on the right of withdrawal referred to in article 10) and its sub-paragraphs and the legal guarantee of conformity referred to in Article 11) and its sub-paragraphs below remain valid.
9.3) The list of all methods of delivery (and their characteristics) provided by the Seller in relation to the various methods of payment can be found on the Site at the "Shipping and delivery" link. The User is kindly requested to pay attention to the contents of this section because the information forms an integral and essential part of Terms of Sale and, therefore, are considered to be fully understood and accepted by the User on submission of the Order Form.
9.4) Sections "4. Delivery" and "5. Payment" of the Purchasing Process will automatically display the permissible methods of delivery according to the method of payment selected by the User during the Purchasing Process.
9.5) In the event of delivery by shipment, at the time of shipping the Seller and/or Carrier will send the User e-mail confirmation of delivery to the Carrier and a subsequent communication from the latter that will contain the links and credentials with which the User can check the progress of the delivery of the order.
9.6) Unless otherwise provided, delivery charges shall be borne by the User. The cost of delivery charges payable by the User is expressly and separately detailed during the Purchasing Process and, in any case, before the User proceeds with the submission of the Order Form.
9.7) In case of partial withdrawal from orders for a number of Products, the delivery costs refunded to the User will be equivalent to the cost of delivery that the User would have paid for the delivery of each of the Products subject to partial withdrawal, as resulting from the Product Sheet, in relation to the specific method of delivery selected by the User. In no case shall the delivery costs refunded to the User exceed the amount actually paid by the User for delivery.
9.8) The User acknowledges that, regardless of the selected method of delivery, the collection of the Product(s) purchased is the User’s responsibility. In the event that the User fails to collect the Product(s) within the period specified in the "Shipping and delivery" section, the Purchase Agreement, if not withdrawn under the terms of Article 10) and its sub-paragraphs below, will be considered cancelled pursuant to and for the purposes of Article 1456 of the Italian Civil Code and within fifteen (15) working days after the termination of the Agreement, the Seller will proceed with refunding the Total, if already paid by the User, minus any delivery costs, any storage costs, any costs of returning the Product(s) to the Seller and any other costs incurred due to non-delivery caused by the User. The termination of the Agreement and the amount refunded will be communicated to the User via e-mail.
9.9) The User is responsible for reporting any particular characteristics of the place of delivery of the Product(s) and/or its location by inserting a note on the order in the appropriate space in section "3. Addresses" of the Purchasing Process before submitting the Order Form. Should the User fail to provide such information or provides incorrect and/or inadequate information, the User will bear any additional costs incurred by the Seller during the delivery of the Product(s).
9.10) In the case of collection from the Warehouse (if such kind of delivery is available on the Site), the User will receive an e-mail from the Seller (hereinafter, the "Notice of Order ready for Collection") as soon as the Product(s) is(are) available for collection. The User will have five (5) working days to collect the Product(s) from the date specified in the Notice of Order ready for Collection, otherwise the provisions detailed in paragraph 9.8) above shall apply. The Product(s) may be collected by the User on the days and at the times specified in the Notice of Order ready for Collection. For prepaid orders, in order to collect the Product(s) the User shall provide the Warehouse staff with the order number found on the Order Confirmation and, upon request, display an identification document. In the case of orders with payment at the time of collection from the Warehouse, the User shall provide the order number found on the Order Confirmation, provide an identification document and make the payment by one of the methods described in paragraphs 8.1.2) and 8.1.4) above. Should the User be unable to collect the Product(s) personally, a third party may be delegated to do so in writing. The delegation will be accompanied by copies of the User and delegated third party’s identity documents, as well as reporting the order number, which can be found on the Order Confirmation.
9.11) In the event that the Product(s) purchased is(are) not delivered or not delivered according to the delivery times stated during the Purchasing process, the User may refer to the provisions pursuant to Article 61(3) et seq. of the Consumer Code.
9.12) In all the cases referred to in paragraph 9.11) above in which the User is due a refund, the amount will be communicated to the User via e-mail and the refund will be made by the method described in paragraph 8.1) above.
10) Right of Withdrawal
10.1) Pursuant to Article 52 et seq. of the Consumer Code, the User has the right to terminate the Agreement without giving any reason and without incurring any costs other than those provided by Articles 10.6), 10.6-bis) and 10.7) below, within fourteen (14) calendar days (hereinafter, the "Withdrawal Period").
10.2) The fourteen (14) day period referred to in paragraph 10.1) becomes effective when the User or a third party, other than the Carrier and designated by the User, gains physical possession of the product(s): 1) in the case of more than one Product ordered by the User in a single order and delivered separately, from the day on which the User or a third party, other than the Carrier and designated by the User, gains physical possession of the last Product; 2) in the case of delivery of a Product consisting of multiple lots or pieces, the day on which the User or a third party, other than the Carrier and designated by the User, gains physical possession of the last lot or piece.
10.3) The User is deemed to have exercised the Right of Withdrawal within the Withdrawal Period if the communication of the exercise of the Right of Withdrawal was sent before the expiry of the Withdrawal Period specified in paragraph 10.1) above, with effect as per paragraph 10.2) below.
10.4) Communication concerning the exercise of the Right of Withdrawal referred to in paragraph 10.3) above can be made at the User’s discretion: (i) via the Seller’s Withdrawal Form template in conformity with the form referred to in Article 49(1)(h), as well as Article 54(1)(a) of the Consumer Code, which is always available to Users and can be found on the Site HERE, or (ii) by submitting any other express statement of the decision to terminate the Agreement in which the User is asked to specify the Product(s) for which the Right of Withdrawal is being exercised, the order number found on the Order Confirmation, the date of the order or its receipt, the User’s full name and address (hereinafter, the "Statement of Withdrawal"). The Withdrawal Form template or the Statement of Withdrawal shall be sent to Verdeparallelo s.r.l. in 20856 - Correzzana (MB), Via Galileo Galilei, 15/A, Italy or via e-mail: email@example.com or via certified e-mail address: firstname.lastname@example.org.
10.5) Since the burden of proof related to exercising the Right of Withdrawal before the expiry of the Period of Withdrawal is on the User, the latter is encouraged to use a suitable medium when communicating the Withdrawal to the Seller.
10.6) Following the exercise of the Right of Withdrawal, the User must ensure the return the Product(s) to the Seller using a carrier of the User’s choice and at the User’s expense and care, without undue delay and in any case within fourteen (14) calendar days from the date on which the User communicated the decision to terminate the Agreement to the Seller. The deadline is deemed met if the User ships the Product(s) before the expiration of the period of fourteen (14) calendar days (hereinafter, the "Time of Return"). The appropriately protected and packaged Product(s) shall be shipped to the Seller with the following header: Verdeparallelo s.r.l. Via Galileo Galilei 15/A, 20856 - Correzzana (MB) - Italy.
10.6-bis) As an alternative to the method of returning the Product(s) described in paragraph 10.6) above, the User may deliver the product(s) on which the Right of Withdrawal has been exercised, at the User’s expense and care, without undue delay and in any case within a period of fourteen (14) calendar days from the date on which the User communicated the decision to terminate the Agreement to the Seller, directly to the Seller at the latter’s in Via Galileo Galilei 15/A, 20856 - Correzzana (MB) - Italy, following a telephone call to the number of the aforementioned Headquarters +39 039 9467733 in order to define the details related to the return.
10.7) The User is solely responsible for the decrease in value of the Product(s) caused by handling of the Product(s) that exceeds that which is necessary to establish the nature, characteristics and operation of the Product(s). The Product(s) will need to be stored, handled and inspected using a normal level of care and returned intact, complete and accompanied by all its accessories and/or leaflets and/or identification tags and/or labels and/or disposable seals, if any, still attached to the Product(s), intact and not tampered with, and perfectly suitable for the use for which they are intended and without signs of wear and/or dirt. The Return of Withdrawal also applies to a Product(s) in its(their) entirety, with the exception of sealed products that are not suitable for return due to reasons of hygiene or related to the protection of health and have been opened after delivery. Furthermore, the Right of Withdrawal may not be exercised for parts and/or accessories of a Product(s). For the purpose of exercising the Right of Withdrawal, the original packaging should always be considered an essential and integral part of the Product(s). In the event that the Product(s) subject to the exercise of the Right to Withdrawal has(have) suffered a decrease in value caused by the handling of the Product(s) that exceeds that which is necessary to establish the nature and characteristics of the Product(s), the User shall not be entitled to a full refund of the sums already paid to the Seller. In this case, the amount of the refund will be reduced by a percentage of between 10 (ten) and ninety (90) percent of the sum paid by the User to the Seller for the purchase of the Product(s) returned, according to that which will be specifically communicated to the User via e-mail by the Seller within 5 (five) working days from receipt of the Product(s). Within 14 (fourteen) days of sending the e-mail communicating the sum deducted from the refund, the User can, at the User’s expense, choose to reclaim the Product(s) in the state that it(they) was(were) returned to the Seller by communicating this decision to the Seller in the manner communicated to the User by the latter. Otherwise, the Seller may withhold the Product(s) and an amount corresponding to the percentage deducted from the refund.
10.8) In the case of the correct exercise of the Right of Withdrawal, the Seller will refund the payments received by the User for the Product(s), including the cost of delivery (except for additional costs arising should the User choose a type of delivery other than the least expensive type of delivery provided by the Seller) without undue delay and in any event within fourteen (14) calendar days of the day on which the Seller was informed of the User’s decision to terminate the Agreement under paragraph 10.4) above. The Seller carry out the refund in the manner specified in paragraph 8.1) above.
10.9) In the event that the Product(s) is(are) returned using a carrier of the User’s choice, at the User’s expense and according to the procedure in paragraph 10.6) above, the Seller may withhold the refund until the User provides the Seller with (i) the Product(s) or (ii) proof of shipment of the Product(s), depending on which of the two occurs first.
10.10) In the event that the Right of Withdrawal has not been exercised in accordance with the applicable law, the User will have no right to a refund. The Seller shall give notice thereof to the User, via e-mail, within five (5) working days from receipt of the Product(s), rejecting the withdrawal request. In this case, the User can, at the User’s expense, choose to reclaim the Product(s) in the state that it(they) was(were) returned to the Seller by communicating this decision to the Seller in the manner communicated to the User by the latter. Otherwise, the Seller may withhold the Product(s), in addition to the sums already paid for its(their) purchase.
10.11) If there is no correspondence between the recipient of the Products specified in the Order Form and the person who made the payment of the amounts due for their purchase, in the event of the exercise of the Right of Withdrawal the Seller shall refund the person who materially made the payment.
11) Legal Guarantee of Conformity
11.1) Pursuant to Article 49(1)(n) of the Consumer Code, please note that all Products are covered by the legal guarantee of conformity provided by Articles 128 et seq. of the Consumer Code.
12) Customer Service and Complaints
12.1) The Contact section and/or contact information (telephone, e-mail, certified e-mail address) specified on the Site can be used to request information, send communications and/or forward complaints.
12.2) The Seller will take charge of requests and any complaints referred to in paragraph 12.1) above within a maximum period of three (3) working days from their receipt, with a commitment to processing them in the shortest time possible.
13) Governing Law and Jurisdiction
13.1) Regardless of the User’s place of residence/domicile/nationality, an Agreement is understood as having been concluded in Italy and is governed exclusively by Italian law.
13.2) The solution of disputes concerning, for example but not limited to, the application, interpretation and enforcement of the Terms of Sale and/or the Agreement, local jurisdiction belongs to the reference Court of the Consumer’s municipality of residence or address for service, if located in Italy.
13.3) User’s that are resident in a European Union member state other than Italy can, at the User’s discretion and in the presence of the necessary prerequisites, gain access to the European Small Claims procedure established by Council Regulation (EC) 861/2007 of 11 July 2007. The text of the Regulation is available on the www.eur-lex.Europa.eu site.
13.4) The European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve by non-judicial any dispute relating to and/or arising from contracts of sale of goods and services entered into the network. Consequently, the User, if established in Europe, may use this platform for the resolution of any dispute rising from the Contract. This platform is available at the following link http://ec.europa.eu/consumers/odr/. The User, before turning to that platform, will be free to bring the issue to the attention of the Seller using the contact information available on the here on the Site.
14) Modifications and updates
14.1) The Terms of Sale may also be modified in light of any regulatory changes. The new Terms of Sale shall be effective from the date of publication on the Site.
15) User Assistance
15.1) Users may request any information via the Seller’s help services through the Contacts section and/or the contact details (phone, e-mail, certified e-mail address) specified on the Site.
16) Privacy and Cookie
16.1) The User may obtain information on how personal data is processed, on the Cookie used on the Site and on the security systems adopted by the Seller by accessing the Privacy and the Cookie link found on the Site. The User should pay attention to the contents in those sections because the information contained therein form an integral and essential part of the Terms of Sale and, therefore, are considered fully understood and accepted by the User when submitting and Order Form.