Terms and Conditions

ARTICLE 1 – GENERAL CONDITIONS

These conditions apply solely between Blumen Group S.p.A. , with registered office at Corso Venezia , 36 – 20121 Milan, VAT no. 12968240155- C.F. 01934301209, hereinafter the “VENDOR” and any person making on-line purchases, hereinafter the “CUSTOMER”, through the Internet site www.my-italian-garden.com , hereinafter the SITE. These conditions may be subject to change and shall be valid from the time when they are put on-line on the SITE. 

These general conditions establish the terms for purchases made on the SITE, in accordance with article 50 and following articles of Italian Legislative Decree no. 206 dated 6 September 2005 (the “Consumer Protection Law”), section II, of chapter I of the third title of the third part, to which reference should be made as envisaged by art. 60 of the aforesaid law.

Article 2 - Scope

These General Conditions of Sale refer to the sale of products on-line by means of the e-commerce service on the SITE.
The products sold on the site may only be purchased in and delivered to the countries listed on the site of purchase. Any orders for shipment outside these countries will be automatically rejected during processing of the order, and in any case will not be accepted by the VENDOR.

Article 3. Subjects

The products offered for sale on the SITE are sold directly by the VENDOR.

To request any information, the Customer may contact the VENDOR as follows:

  • by email to the following address: store@my-italian-garden.com
  • by post to the following address: Ufficio Clienti, My Italian Garden, Via Carracci 11, 40033 Casalecchio di Reno (BO) - ITALY

 

Article 4 - Finalisation and validity of the contract

1. The sale will be considered finalised on dispatch by the VENDOR of an email to the CUSTOMER confirming the order. The email contains the details of the CUSTOMER and the order, the price of the goods purchased, the shipping costs and the shipping address to which the goods will be dispatched. The CUSTOMER undertakes to check that the data it contains are correct and to notify the VENDOR of any corrections without delay.

2. The VENDOR undertakes to describe and present the articles sold on the site in the best possible manner. However, errors, inaccuracies or small differences between the site and the real product may occur. Moreover, the photographs of the products provided on the SITE are not contractually binding, as they are guideline only. The instructions for the use of products are purely guideline and may vary depending on the different geographical and climate areas. CUSTOMERS are responsible for checking the suitability of products on the basis of their own experience and knowledge of local weather conditions, growing seasons and the local environment and any plant health factors present.

3. The VENDOR undertakes to deliver the goods within the maximum term of 30 days from the date after that of the confirmation of order by the CUSTOMER, or receipt of payment if bank transfer is used.

4 These General Conditions of Sale regulate the offering, and sending and acceptance of orders for the purchase, of products on the SITE and do not cover the supply of services or sale of products by subjects other than the VENDOR present on the Internet by means of links, banners or other hyper-textual connections. Before sending orders and purchasing products and services from subjects other than the VENDOR, users are advised to check their conditions of sale, because the VENDOR is not responsible for the supply of products or services by third parties other than itself.

5 The products are sold to the Customer identified by the details entered at the time of compilation and sending of the electronic order form, with the corresponding acceptance of these General Conditions of Sale.

6 The offerings of products on the SITE are addressed to customers who are legally of age.
Any CUSTOMER less than 18 years of age must have the permission of a parent or legal guardian before purchasing on the SITE.
By submitting an order through this website, CUSTOMERS guarantee that they are more than 18 years of age and have the legal capacity to enter into binding contracts.

7 Customers must not enter false and/or made-up and/or imagined names in the on-line order procedure or any further communications. The VENDOR reserves the right to take legal action in the event of any breaches of the above rules, in the interest of and to safeguard consumers in general.

8 Moreover, by accepting these Conditions of Sale, the CUSTOMER relieves the VENDOR of all liability arising from the issue of incorrect fiscal documents due to errors in the date supplied when the on-line order is entered, since the CUSTOMER has sole responsibility for the accuracy of the data provided.

 

Article 5 - Availability of the products

1. Even after dispatch of the email confirmation of order by the VENDOR, in some circumstances some or all of the goods may not be available. In this event, the CUSTOMER will be notified without delay and may decide whether to accept delivery of the products available only, or to cancel the order by informing the customer service by email.

ARTICLE 6 - Payment methods

1. All payments by CUSTOMERS may only be made by means of credit or prepaid cards or by bank transfer. For credit or prepaid card payments, if a product is found not to be available after the order is registered and the relative amount is booked against the card, the VENDOR will take the necessary measures with the payment system operator to annul the transaction relating to the goods which are not available. The amount of the order will only be actually charged when it is complete and ready for shipment. The CUSTOMER must be the holder of the credit or prepaid card, which must be valid at the time of order of the Products purchased on-line, and the name on the card must be the same as that provided in the billing data. Otherwise, the order will automatically be rejected.

2. Communications relating to the payment and the data provided by the CUSTOMER when the payment is made travel on special secure lines, with all the guarantees provided by the use of the security protocols adopted by the payment circuits.

3. At no time during the purchasing procedure is the VENDOR able to obtain information about the CUSTOMER’s credit card (e.g. the number or expiry date of the credit card), which is transmitted on a connection protected by an encrypted protocol directly to the site of the electronic payment system operator. These data will not be conserved in any of the VENDOR’s computer files.

4 Therefore, under no circumstances shall the VENDOR be held responsible for any fraudulent use of or charging of amounts to credit and prepaid cards by third parties.

5. If, after receiving the pack containing the order, the CUSTOMER intends to exercise his Right of Withdrawal for any reason, after payment for the Products purchased on-line, the VENDOR shall instruct the bank to credit the amount to be refunded directly to the CUSTOMER’s credit card.

 

ARITCLE 7 - Prices

1. All prices for sale of the products displayed and specified on the SITE are in Euro and include VAT.

2. Shipping costs are not included in the purchase price, but are stated and calculated on completion of the purchase process, before the payment is made.

3. All Products are shipped directly from Italy. Unless otherwise specified, the prices of Products and shipping and delivery costs stated on the website and in the Order do not include any costs relating to customs duty and the relative taxes if goods are shipped to non-EU countries or countries where the relevant legislation requires the payment of import charges.

4. These costs are therefore payable by the Customer and must be paid directly on delivery of the Products.

5. The CUSTOMER agrees that the VENDOR is free to modify its prices at any moment.  However, goods will be invoiced at the prices stated on the website at the time of order and confirmed in the email sent by the VENDOR as confirmation of acceptance of the order.

ARTICLE 8 – Right of withdrawal

1  If the Customer who enters into the contract is a Consumer only (with “consumer” defined as any natural person using the site for purposes other than their habitual business or professional activity), he will have the right to withdraw from the contract agreed with the VENDOR, without any penalty and without specifying the reason, within  ten (10) working days after the day of receipt of the products purchased on the website.

2 In order to exercise this right, the Customer must send notice of his intention to the following address by fax, telegram or registered letter with return receipt: BLUMEN srl Via Carracci 11 – Casalecchio di Reno (Bologna - Italy) – Fax 051-6178900

3 This right of withdrawal is subject to the following conditions:

  • the Products must be returned in their entirety; the return of just parts or components is not permitted, even in the case of kits;
  • the Products returned must not have been used or damaged;
  • the Products must be returned in their original packaging;
  • the Products returned must be dispatched to the VENDOR in a single shipment. The VENDOR reserves the right to refuse delivery of Products from a single Order which are returned and shipped separately;

4. in the event that the VENDOR offers a special low price for purchase of a specific package of Products, below the price normally charged if they are purchased individually (e.g. 3 for the price of 2, and so on), the right of withdrawal may be exercised with return of just some of the products purchased, but in this case the price of sale of the product retained will be recalculated on the basis of the price normally charged for the purchase of the individual product. 

5 If the right of withdrawal is exercised in accordance with the aforesaid conditions, the Vendor shall be obliged to refund the sums paid by the customer within no more than 30 days after the actual receipt of the returned products by the VENDOR.

6 In the event of returns, the only expenses payable by the CUSTOMER shall be those of shipment of the returned products.

 

Article 9 - Product warranty

All the products presented on the SITE enjoy a contractual warranty with the duration stated in the product information for each article, and in all cases are covered by the 24 month legal warranty for conformity defects, under the relevant legislation. However, the duration of the legal conformity warranty is reduced for those products having a life cycle of less than 24 months. In order to receive service under the warranty, the CUSTOMER must retain the invoice and/or delivery note proving the date of receipt of the order.

ARTICLE 10 - Delivery procedures

1. The VENDOR will only accept orders for delivery to the countries stated on the site of purchase. Products will be delivered by the method chosen on-line by the CUSTOMER, to the address stated by the CUSTOMER when ordering, by the procedures specified in the order confirmation. The VENDOR does not accept any liability for mishaps arising from insufficient information in the address or any damage caused by delay in delivery by the courier and/or postal services.

2. Each shipment contains:

  • the product(s) ordered;
  • the relative transport document/accompanying invoice;
  • any accompanying documentation required for the country of destination
  • any appropriate informative and marketing material.

3. On receipt of the goods at their addresses, CUSTOMERS must check the number of packs and their condition on delivery. If missing or damaged items are noticed, CUSTOMERS must point them out to the courier or postman, obtain a signature on a note detailing the problem and refuse delivery of the shipment. Otherwise, you will be unable to claim your rights.

ARTICLE 11 - Liability

1. The VENDOR does not accept any liability for shortcomings in the service provided due to force majeure or chance circumstance, including malfunctions and dysfunctions of the Internet, if it is unable to fulfil with the order within the times set by the contract.

2. Under no circumstances shall the vendor be considered liable in the event that one or more products are unavailable.

ARTICLE 12 - Access to the WEBSITE

The CUSTOMER is entitled to access the website to consult its contents and make purchases. No other uses of the website or its contents, especially for business purposes, are permitted. All the elements on this website, both audio and visual, in their entirety, and the relative technology used, are and remain the property of the VENDOR and are protected by intellectual property rights.

ARTICLE 13 - Cookies

The WEBSITE uses cookies. Cookies are electronic files which record information about the CUSTOMER’s navigation within the site (pages viewed, date and time of viewing, etc.) to enable the VENDOR to offer its customers an increasingly personalised service.

ARTICLE 14 - Entirety of Conditions

These General Conditions of Sale consist of the entire number of their constituent clauses. If one or more provisions of these General Conditions of Sale are invalid or declared to be so under the relevant legislation or regulations, or the ruling of a component law court, the other provisions shall continue to be fully effective and valid.

Article 15 - Communications with the customer

The Customer notes, accepts and agrees to the fact that all communications, notices, certifications, information, statements and any form of documentation on the operations carried out with reference to the purchase of the Products will be sent to the email address provided on registration; information may be downloaded onto permanent media by the procedures and within the limits set on the Site itself.

Article 16. Data Protection

For information about how we use your personal data, please view our Privacy Policy.

 

Art. 17 - Applicable law and legal jurisdiction

These General Conditions of Sale are governed by Italian law and shall be interpreted on the basis of the same, subject to any absolute legal requirements to the contrary in the Customer's country of residence. Therefore, the interpretation, fulfilment and termination of the General Conditions of Sale shall be subject solely to Italian law and any disputes relating to and/or arising from them shall be resolved solely by the Italian judicial authorities. In particular, if the Customer is classified as a consumer, any disputes shall be resolved by the law court of his place of domicile or residence, under the relevant law. If the Customer is acting in a business capacity, the parties agree by mutual consent that the Law Court of Bologna shall have sole jurisdiction.

 

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