General Terms and Conditions of Sale

General terms and conditions of sale and use of the Site

Preamble

The general terms and conditions of sale and use of this site (hereinafter "General Conditions") refer to all sales (hereinafter "Services" or individually "Service") provided by Franco S.R.L., through the domain www.collettivobotanico.com (hereinafter “Site”).

Use of the Services is permitted exclusively to a user who has:

a) read the Privacy Policy regarding the processing of personal data;
b) accepted the General Conditions.

Pursuant to and for the purposes of Legislative Decree no. 70/2003 and in compliance with Legislative Decree no. 206/2005 (Italian Consumer Code), Franco Srl provides users with the following information.

The provider of the Services covered by these General Conditions is:

Franco S.R.L., with registered office at Via Martiri di Niccioleta 12, Abbadia San Salvatore, SI, 52021; registered with the Arezzo-Siena Chamber of Commerce, Industry, Crafts and Agriculture, REA no. 219482, Tax ID and VAT no. 01596660520, e-mail: info@franconatural.com

In this document, Franco S.r.l. will be referred to by the name “COLLETTIVO BOTANICO”.

The General Conditions will also apply to any new types of Services provided in the future by COLLETTIVO BOTANICO, unless otherwise provided at the time of registration or the first supply of the new Service.

The user is invited to print a copy of the General Conditions and/or save them on a durable medium.

General provisions and scope of application

1.1 These General Conditions apply to all sales made by COLLETTIVO BOTANICO on the Site.
1.2 The offer and sale on the Site constitute a distance contract which, where applicable, is governed by articles 50 et seq. of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") and by Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce.
1.3 The purchase of products offered by COLLETTIVO BOTANICO on the Site is permitted only to adults, both as consumers pursuant to the Consumer Code (i.e., natural persons who, in relation to the purchase of the Products, are acting for purposes outside their business, commercial, craft or professional activity), and otherwise.
1.4 If the user purchases on the Site in the capacity of a professional, the provisions of articles 7 and 9 shall not apply. The warranty applied to products purchased on the Site shall be that set forth in the provisions of the Civil Code.
1.5 The General Conditions may be amended at any time. Any changes and/or new conditions will be in force from the moment of their publication in the “General Terms and Conditions of Sale” section of the Site. To this end, we invite users to view the current version of the General Conditions at the time of each purchase.
1.6 The applicable General Conditions are those in force on the date the purchase order is submitted, and any changes occurring after the order has been submitted will not affect the sales contract to which said order refers.
1.7 These General Conditions do not govern the sale of products and/or the provision of services by parties other than COLLETTIVO BOTANICO that may be present on the Site via links, banners, or other hyperlinks. COLLETTIVO BOTANICO is not responsible in any way for the provision of services and/or the sale of products by such parties. COLLETTIVO BOTANICO does not carry out any control and/or monitoring of the websites consultable through such links. Therefore, COLLETTIVO BOTANICO is not responsible for the contents of such sites or for any errors and/or omissions and/or violations of the law by the same.

2 Registration

2.1 To make purchases on the Site, it is necessary to read the Site's privacy policy and approve the General Conditions of sale. Failure to accept the General Conditions will make it impossible to register and, in any case, to make purchases on the Site.
2.2 Registration on the Site is free of charge. To register, the user must fill out the registration form, entering their name, surname, an e-mail address, and a password (hereinafter the “Registration Credentials”). Registration is confirmed by an e-mail sent to the address provided by the user.
2.3 Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user must notify COLLETTIVO BOTANICO without delay in case of suspected unauthorized use of the same.
2.4 The user guarantees that the Registration Credentials provided during the Site registration procedure are complete, correct, and truthful. All operations performed using the Registration Credentials are considered to have been carried out by the user to whom they refer.
2.5 The Services are provided in Italian within Italy.
2.6 Only one registration per user is permitted. Multiple registrations will be deleted by COLLETTIVO BOTANICO.
2.7 In the personal “Account” area of the Site, the user can view completed orders as well as manage and save personal data.
2.8 COLLETTIVO BOTANICO reserves the right to refuse user registration if it perceives valid reasons to do so. COLLETTIVO BOTANICO also reserves the right not to accept orders, from anyone, that appear anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Site.
2.9 The user may cancel their registration on the site at any time by sending an e-mail to the following address: info@franconatural.com

3. Pre-contractual information

3.1. In compliance with Legislative Decree no. 70/2003 and the Consumer Code, COLLETTIVO BOTANICO informs the user of the procedures for proceeding with the purchase of products on the Site: collettivobotanico.com

- before proceeding with the transmission of the order form, the user must view information concerning the identity of COLLETTIVO BOTANICO, the characteristics of the product they intend to purchase, its price, including taxes, shipping costs, the right of withdrawal, and the languages available to conclude the contract in addition to Italian;

- the user will be able to identify and correct any data entry errors by following the instructions indicated from time to time on the Site and which will accompany the various stages of the purchase;

- before submitting the order form, the user must declare that they have accepted the general conditions of sale, that they have read the privacy policy, and that they authorize COLLETTIVO BOTANICO to process the personal data communicated in relation to the purchase for purposes related to the provision of the Service;

- once the order form has been registered, COLLETTIVO BOTANICO will send the user an order confirmation e-mail to the indicated e-mail address containing information regarding the characteristics of the purchased product, detailed indication of the price, the payment method used, and shipping costs;

- the contract is concluded when the user receives the order confirmation e-mail from COLLETTIVO BOTANICO. It is recommended to keep the received e-mail as proof of purchase or save it on a durable medium along with the General Conditions.

4. Terms and conditions of purchase.

4.1 All prices indicated on the Site are expressed in Euros (€) and include VAT. The cost of shipping and delivery is explicitly indicated and includes VAT.
4.2 The user will be charged the price of the product indicated on the Site at the time the order was submitted by them.
4.3 The products will remain the property of COLLETTIVO BOTANICO until the purchase price and expenses have been paid by the user.
4.4 COLLETTIVO BOTANICO reserves the right not to confirm orders from users with whom there are pending disputes or in the case provided for in art. 8.3, as well as, more generally, the right not to accept orders for any reason.
4.5 COLLETTIVO BOTANICO informs the user that all product colors displayed on the Site are purely indicative. The real color and, more generally, the appearance of the product might not correspond perfectly to what is visible on the Site. Any deviations from what is displayed on the Site may depend on the screen resolution and/or the video card of the user's terminal. The user's right of withdrawal remains unaffected, except in cases where the purchase involves custom-made, personalized, or perishable products, as established in point 7.4.

5. Availability

5.1 The products offered on the Site are limited in number. It may therefore happen that the ordered product is no longer available after the purchase order has been submitted. In case of unavailability of the ordered product, the user will be informed via e-mail and the purchase order will not be confirmed. In the event of the product becoming unavailable after payment has already been made, COLLETTIVO BOTANICO will refund the amount paid by the user, including contributions for order processing costs and shipping costs, immediately, and in any case within the term of 20 days starting from the day following the receipt of payment. The refund amount will be communicated via e-mail and credited to the same payment method used for the purchase or as otherwise agreed with the user. If the recipient indicated in the order does not correspond to the purchaser of the product, the amount will be credited to the original purchaser, i.e., the holder of the payment method used. Refunds are made in the same currency of purchase.

6. Delivery

6.1 Deliveries are made only in Italian territory, to the postal address indicated by the user in the order form. The user is responsible for receiving delivery at the provided address during normal business hours.
6.2 Delivery times are those specified in the purchase order confirmation. In the event of failure to indicate a specific delivery deadline, delivery will take place within thirty days starting from the day following the submission of the order.
6.3 Upon delivery of the products to the carrier, a shipping confirmation e-mail will be sent to the user. Deliveries will be made from Monday to Friday, during normal office hours, excluding holidays.
In case of delivery impediments due to force majeure, COLLETTIVO BOTANICO will contact the user to inform them of the delay in delivery times.
6.5 Delivery is considered completed when the product is made available to the user at the address specified in the order form.
6.6 In case of non-delivery due to the recipient's absence at the specified address, the courier will leave a postcard to certify the attempted delivery and which contains instructions for picking up the package or for re-delivery. In case of failure to collect and if subsequent requested delivery attempts are not successful, the purchased product will be returned to COLLETTIVO BOTANICO. 30 days after the date on which the product was returned to COLLETTIVO BOTANICO, the contract will be considered terminated and the purchase order cancelled pursuant to art. 1456 of the Italian Civil Code. COLLETTIVO BOTANICO will proceed with the refund of the amount paid, reserving the right to request the costs of returning the product and storage costs. Termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the payment method used by the user for the purchase. In the event that, before the expiry of the 30 days, the user requests to receive the purchased product again, COLLETTIVO BOTANICO will proceed with the new delivery after charging the shipping costs for the same, reserving the right to request the costs of returning the product and storage costs.
6.7 In the event that the packaging shows obvious signs of tampering or alteration, the user must report it at the time of delivery on the specific document provided by the courier and return it to the latter.

7. Right of Withdrawal

7.1 The user who has purchased products via the Site that are not perishable, custom-made, or personalized, and subject to what is specified in point 7.4, has the right to withdraw from the contract concluded with COLLETTIVO BOTANICO without any penalty and without specifying the reason, within 20 days from the day on which the user or a third party designated by the user, other than the carrier, acquires physical possession of the products. In the case of purchasing multiple products through a single order and delivered separately, the 20-day period begins from the date on which the user, or a third party designated by the user, other than the carrier, acquires physical possession of the last product.

To exercise the right of withdrawal, the user must communicate their decision to withdraw from the contract to COLLETTIVO BOTANICO by sending an e-mail to the following address: info@franconatural.com or alternatively a registered letter with return receipt to the following address: [Franco srl, Via Martiri di Niccioleta 12, Abbadia San Salvatore, 53021, Siena].

Following the submission of the withdrawal notice to COLLETTIVO BOTANICO, the user will receive confirmation of receipt of the withdrawal notice via e-mail. The user must then ship the product to COLLETTIVO BOTANICO.

The user must include a copy of the order confirmation and a copy of the paper purchase receipt enclosed with the shipment in the return package.

The direct costs for returning the product, following the exercise of the right of withdrawal, are borne by the user.

7.2 In accordance with art. 56 of the Consumer Code, in the event of withdrawal, all payments made will be refunded, including shipping costs, with the exception of additional costs resulting from the choice of a type of delivery other than the standard one, without undue delay and no later than 20 days from the day on which COLLETTIVO BOTANICO is informed of the decision to withdraw from the contract.

COLLETTIVO BOTANICO will make the refund using the same payment method used by the user for the purchase, unless the user has expressly agreed otherwise. Refunds will be made in the same currency of purchase.

In any case, the user will not incur any cost as a consequence of such refund, with the exception of the direct costs for returning the product.

The refund may be suspended until receipt of the products or until the user has demonstrated that they have shipped the products back, whichever occurs first.

COLLETTIVO BOTANICO disclaims any responsibility for any delays in the credit, which depend on the bank or the type of credit card used for payment.

7.3 Pursuant to art. 57 of the Consumer Code, in case of withdrawal, the user shall return the products to COLLETTIVO BOTANICO within 20 days from the date on which they communicated the decision to withdraw from the contract to the latter. The deadline is met if the user ships the products before the expiration of the aforementioned 20 days.

In order to ensure the integrity of returned products packaged in glass bottles, they must be returned inside the same packaging with which the Products were shipped, or in other packaging approved as suitable for the shipment of fragile products.

In the event that packaging not approved as suitable for the shipment of fragile products is used, in case of breakage/damage to the returned products, no amount will be refunded for the damaged returned product(s).

The user is liable for any diminished value of the products resulting from the handling of the products other than what is necessary to establish the nature, characteristics, and functioning of the products. The user may therefore be held liable for the diminished value of the returned product in the event that they have made use of it beyond the inspection of its qualities and the test performed on it to ascertain its functioning. COLLETTIVO BOTANICO reserves the right to ask the user for reimbursement of any diminished value detected.

7.4 Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the case of the sale of perishable, custom-made, or personalized products.

In particular, the right of withdrawal is excluded if the product purchased through the Site, by its nature, cannot be returned or is liable to deteriorate or expire rapidly, or if it is a sealed product that is not suitable for return for reasons of hygiene or health protection and has been opened after delivery.

Consequently, in such cases, the provisions set forth in articles 7.1, 7.2, 7.3 shall not apply.

7.5 For the exercise of the right of withdrawal, it is not required that the goods to be returned be insured against theft and accidental transport damage. However, since the risk inherent in the return of goods lies with the buyer, COLLETTIVO BOTANICO invites the user who intends to exercise the right of withdrawal to insure the shipment at their own expense for the value indicated in the purchase order confirmation e-mail.

8. Payment

8.1 To pay the price of the products and the related shipping costs, the user may choose one of the methods indicated in the order form.

Under no circumstances will costs higher than those actually incurred by COLLETTIVO BOTANICO be charged in relation to the chosen payment method.

For the payment of the purchased products, COLLETTIVO BOTANICO offers the possibility to pay the price through the following means:

Credit cards from the VISA, MASTERCARD, MAESTRO, and American Express circuits, whose payments will be processed through a secure connection.

Shopify Payments.

8.2 At the time of order transmission, no charge will be made to the credit card used by the user for payment. The charge will be made only after (i) the details of the credit card used by the user for payment have been verified and (ii) the credit card issuer used by the user has issued the authorization for the charge.
Should an invoice be deemed necessary, the user is required to communicate this by writing to info@franconatural.com or through the appropriate form in the cart.

8.3 In the event of non-payment, COLLETTIVO BOTANICO will charge the user for the costs related to the management of the unpaid amount and will reject the relevant purchase order, giving notice thereof by e-mail.

9. Guarantees and non-conformity of products

9.1 The products offered on the Site comply with the national and European legislation in force in Italy.
9.2 All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers. In the event of a lack of conformity of the purchased products with respect to the description published on the Site, the user has the right to the repair or replacement of the product without any additional cost, where this is possible in relation to the number of copies still available for sale and unless the replacement or repair proves excessively burdensome for COLLETTIVO BOTANICO, taking into account the value the product would have if there were no lack of conformity and the extent of such defect. Alternatively, the user has the right to the termination of the contract or a price reduction, in accordance with the following provisions. In any case, users are invited to contact the COLLETTIVO BOTANICO Customer Service at the following e-mail address: info@franconatural.com
9.3 COLLETTIVO BOTANICO is liable to the user for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years from such delivery. The lack of conformity must be reported to COLLETTIVO BOTANICO, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
9.4 Unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within six months of delivery of the product already existed at that time, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. In order to benefit from the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the product.
9.5 In the event of termination of the contract, COLLETTIVO BOTANICO will refund the price paid by the user, in addition to shipping costs and any additional costs.
In any case, the amount of the refund will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase.
The user must agree with COLLETTIVO BOTANICO on the method of shipment of the goods.
9.6 Products repaired, modified, or in any way altered by the user are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any faults or malfunctions caused by the user or by use of the product that is not in accordance with its intended use and/or what is provided for in the technical documentation attached to the product, if any, or in the instructions for use relating to the same.

10. Further obligations and responsibilities of COLLETTIVO BOTANICO
10.1 COLLETTIVO BOTANICO undertakes to correct any errors present in the description of the products offered on the Site as soon as possible, starting from the reporting of the same. The reporting of such errors can be done by contacting COLLETTIVO BOTANICO at the addresses and numbers indicated in the introduction.
10.2 COLLETTIVO BOTANICO is not liable in case of damages, of any nature, deriving from improper and/or non-conforming use of the products as well as in case of damages deriving from fortuitous events or force majeure.

11 Suspension of the Service
11.1 COLLETTIVO BOTANICO reserves the right to temporarily suspend the provision of the Services for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the same Services.
11.2 COLLETTIVO BOTANICO may, at any time, interrupt the provision of the Service if there are justified reasons of security or violations of confidentiality, in which case it will notify the user.

12. Site contents and intellectual property rights.
12.1 The contents of COLLETTIVO BOTANICO, such as, by way of example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layout, methods, processes, functions and software, are protected by copyright and any other intellectual property right of COLLETTIVO BOTANICO and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or exploitation of the images and content of the Site is prohibited unless previously authorized in writing by COLLETTIVO BOTANICO. Any use of the content of the Site for commercial and/or advertising purposes is also prohibited.
12.2 Under no circumstances may the user alter, change, modify, or adapt the Site, nor the material made available by COLLETTIVO BOTANICO.

13. Final provisions, applicable law, and competent court.
13.1 The General Conditions are governed by the law of the place of the user's residence.
13.2 For any dispute concerning the General Conditions, the court of the location of the user's residence shall have jurisdiction.
13.3 Pursuant to Art. 14 of Regulation 524/2013/EC, the user is informed that, in the event of a dispute with COLLETTIVO BOTANICO, they may submit a complaint via the European Union ADR or ODR platform reachable at the following link http://ec.europa.eu/consumers/odr/. The platform in question constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out-of-court. To this end, we inform you that the e-mail address of COLLETTIVO BOTANICO is the following info@franconatural.com . The user's right to appeal to the competent judge remains unaffected, whatever the outcome of the out-of-court settlement procedure.
13.4 The above does not apply if purchases are made by professionals. In that case, the special rules for the protection of the consumer would not apply, the General Conditions would be governed by Italian law and, in the event of a dispute, the exclusively competent court would be that of Rome.