Art. 1 - Delivery times and methods
1.1 The Products will be shipped to the address indicated by the Customer in the Order Proposal. Upon delivery of the Products, the signature of the Customer or a designated person will be required.
1.2 For security reasons, the Seller will not carry out the fulfillment of any order addressed to a PO box nor will it accept any order in which it is not possible to identify the natural person receiving the order and its address.
1.3 The Products sold on the Website may be purchased and delivered only in the countries indicated in art. 1.7 (SEE GENERAL CONDITIONS OF SALE). Therefore, any orders with shippings to be made outside these countries will be automatically rejected during the order processing procedure.
1.4 The shipping costs will be expressly indicated, separately from any other cost or expense, at the conclusion of the Order compilation procedure and prior to the selection of the order confirmation by the Customer.
1.5 In compliance with current legislation, the maximum term within which the Seller must deliver the purchased Products, except in cases of force majeure or unforeseeable circumstances, is 30 (thirty) days from the date of conclusion of the contract.
1.6 If the Seller does not deliver the Products ordered within the aforementioned deadline, the Customer may ask the Seller to make the delivery within an additional period appropriate to the circumstances, in accordance with current legislation, without prejudice to the Customer's right to immediately terminate the contract if the ordered Product is not delivered within the additional deadline that may be indicated.
1.7 The Seller reserves the right to split an order into several shippings, according to the availability of the Products. In this case, the Seller will inform the Customer by e-mail and will be able to debit the price to the Customer separately only for the Products actually shipped or in a single solution.
1.8 Upon shipping of the purchased Product, the Customer will receive an e-mail at the address indicated in the order. This e-mail will contain a tracking code of the shipping and an exclusive link (link) that will allow the tracking of the delivery in real time. The Bio Orto Customer Service will provide assistance for any possible delivery problem. The Customer can contact the Seller's Customer Service at +39 0882 645787 or at firstname.lastname@example.org.
1.9 The Customer will assume the risk of loss or damage to the Products only when the same, or a third party designated by him and other than the carrier, materially comes into possession of these Products. At the time of delivery, the Customer is required to verify that:
a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped;
b) the packaging is intact and not altered even in the closing tapes if present.
1.10 In the event that the delivered goods show any damage presumably caused by transport, the Buyer can refuse the delivery and immediately notify the Seller, who will make the necessary complaints to the shipper, arranging for a new shipping once the return has been received. of the disputed goods.
1.11 In the event that the customer decides in any case to accept the goods in delivery, despite the packaging being seriously damaged and / or tampered with, in order to safeguard his rights he must challenge the courier the unsuitability of the package, affixing the writing "RESERVE OF CONTROL OF GOODS DUE TO… ”(indicating the reason for the reservation in question) on the delivery document, of which he must keep a copy.
1.12 In the event of non-delivery of the Products, due to the absence of the Customer and / or of a designated person at the address indicated, the courier appointed by the Seller will contact the Customer in order to make 2 further delivery attempts within a maximum period of 5 days. After this deadline has elapsed without it being possible to deliver the Products due to the unavailability / absence of the Customer, the order will be automatically canceled by the Seller without the latter being held responsible for non-delivery. In this case, taking into account the characteristics of the Products, the risk of alteration / perishability of the same and in order to protect the health and safety of the Customers, the Products will be returned to the Seller who may withhold the amount already paid by the Customer relating to the shipping cost and that of perishable Products and as such no longer alienable to third parties.
Art. 2 - Limitation of liability
2.1 The Seller assumes no responsibility for disservices attributable to force majeure (including disservices deriving from epidemics and / or pandemics) or unforeseeable circumstances.
2.2 The Seller cannot be held liable to the Customer except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the internet outside of its control or its subcontractors.
2.3. Furthermore, the Seller will not be liable for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to him.
2.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.
Art. 3 - Conformity of the Products
3.1. At the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the Products ordered and that they do not show obvious defects or damage to the packaging. The legal guarantees of conformity provided for by current legislation are applicable to the sale of the Products.
3.2. In the event of production defects or lack of conformity, the Customer will have the right to replace the product without further costs, unless the requested replacement is objectively impossible. If this occurs, the Customer may request a refund of the price paid. It may also reduce the purchase price or terminate this contract.
3.3 It is understood that the Customer loses this right if he does not report the lack of non-conformity to Bio Orto within 15 days from the date on which he discovered the defect and, therefore, from the moment he received the goods. In any case, Bio Orto is only responsible for any lack of conformity that occurs within 15 days of delivery of the Product. The direct action to assert the defects is prescribed within 15 (fifteen) of the delivery of the Product.
3.4 In order to report the presence of defects and faults in the Products and to obtain one of the remedies listed above, the Customer may contact the Seller at the addresses indicated in the following article 12.
3.5 The Seller will indicate to the Customer the procedures to be followed, aimed at obtaining the remedies provided for by law, also taking into account the type of Product and its product category.
Art. 4 - Warranty and assistance methods
4.1 The Seller is liable for any lack of conformity that occurs within 15 days of delivery of the product. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) are suitable for the use to which products of the same type are usually used;b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample;c) present the usual qualities of a product of the same type, public statements on the specific characteristics of the goods made in this regard by the seller.The customer loses all rights if he does not report the lack of conformity to the seller within 15 days from the date on which the defect was discovered. In the event of a lack of conformity, the customer may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy, or is excessively burdensome for the seller pursuant to art. 130, paragraph 4, of the consumer code.
4.2 The request must be made in writing, or by filling in the appropriate return form to be sent to the email email@example.com.The seller will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven (7) working days of receipt.
4.3 In the same communication, if the seller has accepted the Customer's request, he will indicate the method of shipping or return of the product as well as the deadline for the return or replacement of the defective product, if the replacement is impossible or excessively expensive.
4.4 In the same communication, where the seller has accepted the customer's request, he must indicate the proposed price reduction, or the methods for returning the defective product. In such cases it will be the customer's responsibility to indicate how to re-credit the sums previously paid to the seller.
4.5 As regards any damage caused by a defective product, the provisions of the European Directive 85/374 / EEC and the provisions of the Consumer Code and subsequent amendments apply.
Art. 5 - Customer assistance
5.1 The Seller guarantees complete pre and post sales assistance. Therefore, the customer can request any information from the Seller by e-mail at firstname.lastname@example.org or at the telephone number +39 0882 645787.