Article 1 - Object
1. These General Conditions have as their object the purchase of products and services, carried out remotely via computer network on the website www.spaziobonsai.com belonging to Spazio Bonsai®, VAT number 01431870524, Via Cervese n.4215 47924 Cesena ( FC) with registered office in via Giovan Battista Rosini n.32 53040 Cetona Siena (SI), hereinafter referred to as Spazio Bonsai.
2. These purchases are reserved for direct user customers, with the exception of subjects such as traders, wholesalers, resellers, professionals, etc. who intend to resell the relative products to third parties. Consequently, each Customer may not purchase more than 10 pieces of the same product and in any case no more than 20 products for each order. For larger quantities, please contact Spazio Bonsai by telephone on +39 393 897 5054.
3. Each purchase transaction will be governed by the provisions of Legislative Decree n. 206/2005 as amended by Legislative Decree n. 21/2014 and, as regards the protection of confidentiality, will be subject to the legislation referred to in Legislative Decree 06/30/2003 n. 196.
4. Spazio Bonsai has the right to withdraw from any commitment in the event of obvious errors or inaccuracies concerning the goods appearing on the website www.spaziobonsai.com.
Article 2 - Acceptance of the general conditions of sale
1. The Customer, by sending the purchase order electronically, unconditionally accepts and undertakes to observe in his relations with Spazio Bonsai, the general and payment conditions transcribed below, declaring that he has read and accepted all the information provided to him in accordance with the aforementioned rules, also acknowledging that Spazio Bonsai itself does not consider itself bound to different conditions unless previously agreed in writing.
Article 3 - Client's commitments
1. These General Conditions of Sale must be examined online by Customers visiting the site www.spaziobonsai.com, before they confirm their purchases. The forwarding of the order confirmation therefore implies full knowledge of them - general conditions of sale - and their full acceptance.
2. The Customer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these general conditions of sale, which have already been viewed and accepted during the purchase process.
Article 4 - Method of purchase
1. www.spaziobonsai.com is an online site for the sale of Spazio Bonsai products.
2. The purchase of the products, available as illustrated and described online in the relative descriptive and technical sheets, is made by the Customer at the price indicated therein, to be confirmed at the time of placing the order, increased by transport costs as per specified below in Article 6 - point 5 and 6 - and in any case displayed at the time of purchase. Product prices are shown in Euros and include VAT.
3. The sales prices indicated on the site may be modified by Spazio Bonsai at any time and without notice.
4. The prices of the products published from time to time cancel and replace the previous ones and are subject to the actual availability of the products.
5. The characteristics concerning the products published by Spazio Bonsai are those communicated by the respective producers. Spazio Bonsai assumes no responsibility for the truthfulness and completeness of such information.
6. The images of the products represent the plant in its general and indicative characteristics and are therefore not binding. However, in the case of specifying the size of the plant, with the indication of the height measurements, it should be noted that on the basis of these height measurements, the plant can fall within the characteristics of: small plant, up to 25 centimetres; medium plant, from 25 to 50 centimeters; large plant, between 50 and 100 centimetres, macro plant, over 100 centimetres.
7. Before confirming the order, the customer will be given a summary of the unit cost of each selected product, the total cost in the event of the purchase of several products and the transport costs.
8. Following the electronic submission of the order, upon completion of the procedure, the Customer will receive an e-mail message within 48 hours containing:
a) the order number;
b) code-description-price of the purchased product;
c) the date of the order;
d) the total amount of your order.
9. In case of payment by bank transfer, in addition to the previous information, the Customer will receive the bank details with which to make the payment.
10. In case of payment by postal order, in addition to the previous information, the Customer will receive the postal coordinates to make the payment.
11. Each order sent to Spazio Bonsai constitutes a contractual proposal from the Customer and, therefore, is binding for Spazio Bonsai only if confirmed by it for acceptance. The fulfillment of the order by Spazio Bonsai is equivalent to confirmation and acceptance of the same.
12. All purchase orders sent to Spazio Bonsai must be complete in all their parts. Spazio Bonsai reserves the right not to accept incomplete or not duly completed orders.
13. In case of non-execution of the order by Spazio Bonsai, if the same is due to unavailability of the products ordered by the Customer, Spazio Bonsai will inform the Customer as soon as possible, refunding any sums already paid for the supply not performed. In this case, the Customer is not entitled to any indemnity or compensation of any kind.
14. The tax documentation relating to the products ordered will be issued by Spazio Bonsai at the time of shipment of the products to the Customer.
15. Any special offers promoted by Spazio Bonsai are valid until expiry or until stocks run out and are, in any case, subject to the effective availability of the relative products held by Spazio Bonsai.
Article 5 - Payments
1. Payment for the products purchased and the relative shipping costs must be made by the Customer in one of the following ways:
a) directly online by credit card;
b) by bank transfer;
c) by payment by postal current account slip;
d) by cash on delivery payment of the goods.
2. Payment by credit card online (through PayPal, whether or not you have a Paypal account) is subject to the following conditions:
a) it is essential to provide a landline telephone number;
b) the holder of the order must be the holder of the credit card;
c) in the event of deferred payment, to be made using the appropriate link on the order confirmation e-mail, the payment itself must be made within 3 working days of sending the order, after which date the order will be considered null.
3. Spazio Bonsai is not responsible for any fraudulent or illegal use of credit cards that may be made by third parties upon payment of the purchased products.
4. Payment by bank transfer is subject to the following conditions:
a) the bank transfer must be made within 3 working days of placing the order, after which date the order will be considered void;
b) the reason to be reported on the bank transfer must indicate:
- the order number;
- the date of the order;
- the name and surname of the originator;
c) the bank transfer must be made to: Spazio Bonsai - Via Cervese n.4215 47924 Cesena (FC), specifying what is requested in point b of this paragraph; the bank references to make the transfer will be communicated to you on the order confirmation form that you will receive by e-mail.
5. Payment by postal current account slip is subject to the following conditions:
a) the payment must be made within 3 working days of placing the order, after which date the order will be considered void;
b) the description to be reported on the payment slip must indicate:
- the order number;
- the date of the order;
- the name and surname of the originator;
c) the payment to the postal current account must be made to: Spazio Bonsai - Via Cervese n.4215 47924 Cesena (FC), specifying what is requested in point b of this paragraph; the postal current account number will be communicated to you on the order confirmation form that you will receive by e-mail;
6. Cash on delivery is subject to the following conditions:
a) the products will be shipped to the address of the order holder;
b) payment must be made in cash upon receipt of the goods directly to the courier;
c) it is not possible to pay with bank or cashier's checks, nor with credit cards; the only accepted currency is the Euro;
d) the courier does not handle remains.
Article 6 - Transportation and delivery of products
1. The purchased products will be delivered by Spazio Bonsai by mail or courier to the address indicated by the Customer, exclusively in Italy.
2. Each shipment is accompanied by an envelope inside containing the following documentation:
b) return/withdrawal form;
c) extended warranty (if applicable).
3. The return, for any reason, of one of the documents mentioned above will be processed within 3 days of the request.
4. The contribution for the shipping costs is charged to the Customer, and may vary according to the carrier, the weight of the items ordered and the amount of the order.
5. For cash on delivery payments, the shipping cost will be increased by a variable amount depending on the carrier, the weight and the amount of the order.
6. The delivery terms indicated by Spazio Bonsai refer to the products in the warehouse and, although carefully evaluated, must be considered non-binding for Spazio Bonsai.
7. Product deliveries will take place on all working days.
8. Spazio Bonsai has the right to carry out the delivery of the Products (even relating to the same order) in several successive deliveries, without this implying any liability for Spazio Bonsai; in this case, a single transport cost will be charged to the Customer.
9. Particular delivery conditions and terms must be agreed in advance between the Customer and Spazio Bonsai and accepted in writing by Spazio Bonsai.
10. In case of absence of the recipient from the place foreseen for the delivery, Spazio Bonsai will not be liable for damages and additional costs deriving from the delay in delivery.
11. Indicatively, without this entailing any constraint for Spazio Bonsai and subject to the availability of the products on the market as well as any causes of force majeure, the goods will be delivered to the carrier with the following timing:
a) in case of payment by credit card and if all the mandatory conditions foreseen are respected, Spazio Bonsai will entrust the delivery to the courier within 48 hours of receiving the fax with the credit card details;
b) if you decide to pay by bank transfer or postal current account, the shipment will be entrusted to the courier within 48 hours of receipt of the credit;
c) in case of cash on delivery payment, Spazio Bonsai will entrust the delivery to the courier within 48 hours of order confirmation.
12. The products will be delivered within the next 2 working days with the exception of islands and disadvantaged areas, for which 3 working days are expected, if the shipment is by courier.
13. In the event of force majeure or unforeseeable circumstances, Spazio Bonsai is not liable to the Customer for the delay or non-execution of deliveries and has the right to suspend or postpone the execution of the contract.
14. The shipped products are contained in cardboard boxes of different sizes, sealed at the top and bottom with Spazio Bonsai personalized adhesive tape.
15. The Customer is required to verify upon receipt, the conformity of the product delivered to him in relation to the order placed, according to the following: a) the number of packages (number of parcels) indicated on the carrier's letter corresponds the number of packages actually delivered; b) the package is intact, not damaged or wet and in any case complies with the standard characteristics (described above) of a Spazio Bonsai package.
16. Only after this verification will the Customer have to sign the delivery note, after which he will not be able to make any objection regarding the external characteristics of what was delivered to him with regard to the order placed; if, on the other hand, there is no correspondence between the order and the delivery, according to the aforementioned rules, the Customer must not accept the goods and raise the dispute directly with the carrier.
Article 7 - Guarantees
1. Spazio Bonsai guarantees only the material integrity of the products at the time of delivery. Any defects must be reported by the Customer, under penalty of forfeiture, within 2 months from the delivery date according to the terms of the legal guarantee pursuant to Legislative Decree 206/2005 except for the "Plants (Bonsai)" products which by their nature are perishable goods and for which the complaint can be sent within 2 days from the delivery date. The Customer has the right to only replace the damaged products upon return of the same, the Customer's right to compensation for any damage, even further, being excluded. The shipping costs necessary for the replacement of products are paid by Spazio Bonsai.
2. Products purchased through Spazio Bonsai are protected by the manufacturer's warranty. This warranty will only apply to problems that arise during normal use of the product, i.e. in compliance with its intended purpose and with the provisions of any technical documentation, with observance of the various operating standards indicated therein, without prejudice to the provisions of article 7.1 above.
3. The aforementioned guarantee will not be applicable in the event of negligence or carelessness in the use and maintenance of the product. The guarantee is personal and will therefore only apply to the original purchaser, being reserved for direct customers and not for traders, resellers, etc.
4. Without prejudice to cases of willful misconduct or gross negligence by Spazio Bonsai, it is hereby agreed that, should Spazio Bonsai's liability in any capacity towards the Customer be ascertained - including the case of non-performance, total or partial , to the obligations assumed by Spazio Bonsai towards the Customer as a result of the execution of an order - Spazio Bonsai's responsibility cannot exceed the price of the products purchased by the Customer and for which the dispute has arisen.
Articolo 8 - Diritto d’Annullamento e di Recesso
1. Il Cliente ha diritto ad annullare l'ordine effettuato entro le 24 ore successive, dandone comunicazione scritta tramite posta elettronica a Spazio Bonsai. Qualora il Cliente non si attivi nei tempi e nelle modalità previste, il contratto è da ritenersi concluso. Qualora al Cliente sia già stato addebitato l’ordine, Spazio Bonsai predisporrà il riaccredito entro le 72 ore successive all’annullamento dell’ordine.
2. Ai sensi e nei limiti di cui al Dlgs Febbraio 2014 n° 21, il Cliente ha diritto, entro 14 (quattordici) giorni solari dal ricevimento della merce richiesta, di esercitare il diritto di recesso.
3. Tale diritto si applica a tutti i prodotti contenuti nel sito Spazio Bonsai, con l'esclusione tassativa dei prodotti “Piante (Bonsai)” ai sensi del comma 3. c) dell’art. 5 del Dlgs 185/99 in quanto trattasi di una fornitura di beni che, per la loro natura, rischiano di deteriorarsi o alterarsi rapidamente e dei prodotti audiovisivi o software sigillati e aperti dal consumatore. Ciò nonostante in caso di reclami, si prega di contattare Spazio Bonsai che sarà a disposizione per ogni chiarimento si ritenga opportuno.
4. Nel caso trattasi di prodotti “Piante (Bonsai)” che, per loro natura sono beni deteriorabili, ovvero di prodotti audiovisivi o software sigillati e aperti dal consumatore il termine per il recesso è di 2 giorni solari dalla data di consegna.
5. Sempre ai sensi del citato Dlgs 21/2014 si precisa che il diritto di recesso è esclusivamente riservato ai clienti definibili quali "consumatori" e cioè solo alle persone fisiche che acquistano i prodotti per uso proprio e agiscono per scopi non riferibili all'attività professionale eventualmente svolta, con esclusione quindi di commercianti, rivenditori, professionisti, ecc.
6. Qualora si eserciti il diritto di recesso, il Cliente dovrà provvedere a sue spese alla restituzione della merce integra e non utilizzata e nella sua confezione originale, o che presenti le stesse caratteristiche, entro il termine di 14 giorni solari (fa fede la data del timbro postale di rispedizione) dalla data del recesso.
7. Spazio Bonsai respingerà qualsiasi prodotto restituito non imballato o comunque con modalità diverse da quelle sotto specificate, così come i prodotti per i quali non siano state integralmente già pagate dal Cliente le spese di restituzione; oppure non siano state rispettate le modalità e i tempi previsti dall'art. 57 di cui al D.lgs 21/2014 per la comunicazione dell'esercizio del recesso; o nell'ipotesi in cui il prodotto non sia stato imballato con involucri originali, o non sia completo di ogni accessorio, dei manuali di istruzione e di tutto quanto in origine contenuto; pertanto non verranno ritirati in nessun caso pacchi spediti in contrassegno, né verranno ritirati pacchi senza il NAR. La merce in questione dovrà essere accompagnata dai relativi documenti fiscali.
8. Spazio Bonsai garantisce la sostituzione di qualsiasi articolo risultasse difettoso, danneggiato o spedito per errore con responsabilità dei propri addetti. Il Cliente potrà restituire la merce mediante posta specificando le ragioni del reso e della richiesta di sostituzione. Le spese postali relative al reso saranno rimborsate, secondo le tariffe correnti applicate dalle Poste Italiane. Il termine di decadenza della facoltà di restituire la merce è fissato nel quattordicesimo giorno lavorativo successivo al ricevimento della merce.
9. Nel caso di errata spedizione o di prodotto danneggiato, le spese di spedizione per il rientro della merce e per la nuova consegna saranno entrambe a carico di Spazio Bonsai. Al ricevimento della merce, verificata la sussistenza di quanto lamentato, Spazio Bonsai provvederà alla spedizione della merce sostitutiva.
10. La sostituzione o il rimborso del prodotto per errata spedizione sarà accettata SOLO a condizione che il prodotto reso sia in confezione integra e sigillata, ovvero solo se il prodotto non è stato ancora aperto e/o utilizzato.
11. Per poter esercitare il reso si dovrà seguire la procedura per l'esercizio del Diritto di Recesso.
Article 9 - Methods for exercising the Right of Withdrawal
1. In application of Legislative Decree 21/2014, the Customer can exercise the right of withdrawal from the purchase contract by sending a written communication by registered letter with return receipt within 14 (fourteen) calendar days from the date of delivery that expresses the will to withdraw from the concluded contract. The aforementioned communication must be addressed to: Spazio Bonsai - Via Cervese 4215 47924 Cesena (FC) specifying:
a) the order code and date;
b) in case of partial withdrawal, the code of the article or articles;
c) if you wish to replace the product with one of similar value or to return the amount paid; in the latter case, the details for the refund must be provided.
2. Spazio Bonsai will communicate to the Customer, by e-mail, the return authorization number (NAR), so that it can be affixed to the goods to facilitate their return operations.
3. To receive the return authorization number (NAR) as soon as possible and speed up the procedure, the communication can also be made within the same term by fax or telephone, provided it is confirmed by e-mail to info@spaziobonsai .com within the next 2 business days.
4. After obtaining the return authorization number (NAR), the Customer must carefully pack the materials in their original packaging, close it well in order to protect the original packaging of the products from any damage, carefully seal the package, applying in position clear and clearly visible label with the address and the return authorization number (NAR).
5. The Customer must return everything:
within 14 (fourteen) calendar days of receipt of the goods (not plants) by mail with "ordinary parcel post" to the following address: Spazio Bonsai - Via Cervese, 4215, 47522 Cesena FC. within 2 (two) calendar days of receipt of the plant by "Express courier" to the following address: Spazio Bonsai - Via Cervese, 4215, 47522 Cesena FC
6. If the above procedure is carried out correctly, Spazio Bonsai will credit the Customer with the amount paid as soon as possible and in any case within 30 days of receipt of the notice of withdrawal . In the case of a return, the re-credit order will include the return shipping costs.
Article 10 - Privacy
1. The Customer expressly allows, pursuant to art. 23 Legislative Decree 06/30/2003 n. 196, at Spazio Bonsai - Via Cervese, 4215, 47522 Cesena FC, the collection, use, communication and/or dissemination of one's personal data, as provided in the compilation of all the online forms necessary to complete one's purchases , including what may be indicated in the Return/Withdrawal form, for purposes strictly connected and instrumental to the management of relations with the compiler (internal statistics, feedback of satisfaction, preliminary acquisitions of information aimed at the conclusion of a contract or the supply of a service, etc.) and purposes related to the obligations established by the laws in force.
2. Bonsai space pursuant to and by effect of art. 24 Legislative Decree 06/30/2003 n. 196, communicates to its users that the personal data provided by them at the time of signing the purchase order and / or compiling the invoice are excluded from the consent of the interested party because they are collected and held solely on the basis of the foreseen fiscal / tax obligations by the law, by the regulations and by the Community legislation and, in any case, for the sole purpose of allowing the exact fulfillment of the obligations deriving from the purchase contract to which the interested party is involved and/or for the acquisition of the necessary contractual information always and exclusively activated at the request of the latter.
3. When registering the customer's name in the Spazio Bonsai database, personal data will be requested and a User ID and password will be assigned, which we advise you to keep. User ID and password are strictly personal and will be used to speed up all operations within the firstname.lastname@example.org site.
4. The Customer declares to know that, if he has expressly consented during registration, the data provided will be entered in the "Bonsai Space Customer Database" and may be used for promotional purposes or for sending editorial material ( marketing and advertising, statistical analysis for marketing purposes, survey of the degree of satisfaction, invitations to information or promotional events, etc.).
5. The processing of data for the aforementioned purposes will take place with both automated and non-automated methods, but always in compliance with the rules of confidentiality and security established by law. Particular attention is paid to ensuring the security and protection of the data collected by adopting all the prevention and protection measures both in terms of physical protection and in terms of logical protection. Internal rules and punctual controls will be established for the constant maintenance and, where possible, the improvement of the security levels acquired.
6. The interested party expressly enjoys the rights pursuant to art. 7 of Legislative Decree 06/30/2003 n. 196, in other words: to request confirmation of the existence at the Spazio Bonsai office of one's personal data; to know their origin, the logic and the purposes of their treatment; to obtain the updating, rectification and integration; to request its cancellation, transformation into anonymous form or blocking in the event of unlawful processing; to oppose their treatment for legitimate reasons or in the case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication, it being understood that obtaining the cancellation of one's personal data is subject to the sending of a written communication sent to the headquarters of the company.
Article 11 - Information and complaints
1. For any clarification or complaint, Spazio Bonsai can be contacted via the telephone number +39 393 897 5054 or via e-mail at email@example.com
Article 12 - Jurisdiction and Competent Court
1. This contract will be governed by Italian law. For any dispute relating to the validity, interpretation or execution of the same contract, the territorial jurisdiction lies with the Court of Busto Arsizio with the exception of those disputes that may arise with the Consumer which will be the jurisdiction of the judge of the place of residence or domicile of the Consumer if located in Italy (art.66 bis Legislative Decree 21/2014). However, where the place of residence or domicile of the Consumer is located outside the territory of the European Union, the Court of Busto Arsizio will have exclusive jurisdiction over the aforementioned disputes.
2. Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Customer declares to have carefully read and understood and to specifically accept the clauses of the General Conditions of Sale set out in points: 4.2, 4.3, 4.4, 4.5, 4.6, 4.11, 4.12, 4.13, 4.14, 4.15, 5.1, 6.4, 6.5, 6.6, 6.8, 6.9, 6.10, 6.11, 6.13, 6.15, 7.1, 7.2, 7.3, 7.4, 8.2, 8.3, 8.5,4, 8.6. 8.7, 8.8, 8.9, 8.10, 12.1.
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