General sales Conditions (CGV)
The offer and sale of Products on the website www.vanillaoutdoor.com are governed by the following General Conditions of Sale.
Credentials of the Seller
IL FAGGIO GIARDINI SRL
Via Emilia Est, 786/788
41122 Modena ITALY
The goods subject to these general conditions are offered for sale by Il Faggio Giardini S.r.l. with registered office in Modena in Via Emilia Est, 786/788, registered with the Chamber of Commerce of Modena at no. 03934030366 of the Commercial Register, CCIAA REA MO429672 tax code and VAT number no. 03934030366 hereinafter referred to as « Supplier».
Il Faggio Giardini S.r.l. operates an online store through the website www.vanillaoutdoor.com
Customer service available from Monday to Friday from 9.00 to 13.00 am and from 14.00 to 18.00 pm
E-mail: info@vanillaoutdoor.com
1. Definitions
1.1. The General Conditions of Sale exclusively regulate the offer, the forwarding and the acceptance of purchase orders of Products on www.vanillaoutdoor.com. The Customer, by the effect of the forwarding of an order, declares to have taken acquaintance and to accept the present general conditions of sale that will prevail on every other general condition of contract whose application is invoked in relation to one or more contracts.
1.2. “Contract” has the meaning attributed to Section 3.3.
“Order” has the meaning attributed to Section 3.2
“Supplier/Seller” means the subject indicated in the epigraph
“Buyer” means any natural person who places an order for purposes not related to the professional, entrepreneurial, commercial or craft activity carried out.
“Professional” means any natural or legal person who places an order in the exercise of his professional, entrepreneurial, commercial and craft activity.
“Customer” si intende, a seconda del caso, l’acquirente o l’Imprenditore;
“Working day” any working day of the week, except public holidays within the meaning of the law.
2. Download and consultation of terms and conditions
2.1. The Customer may consult these general conditions of sale and the text of the contract, on the website www.vanillaoutdoor.com. The Customer may also download and store the general conditions of sale through the link in the confirmation of receipt of the order that l Faggio Giardini S.r.l. will also send by e-mail, after the order has been placed, to the e-mail address indicated by the Customer. This confirmation e-mail will contain the data of the order submitted by the Customer as well as a link to the GCS and can be printed or saved using the functions of your e-mail program.
2.3. The data of each order will be protected and saved in the system of Il Faggio Giardini S.r.l.. Each Customer is guaranteed with a reserved access by username and password, in the area of the site called “Customer Area”. In this Area you can manage your personal data, any bank data, with visualization of current orders, successful orders, as well as orders shipped recently and can update and save their contact details in this area you can also manage the data related to the subscription of the newsletter service. The Customer is obliged to process the access data in a responsible manner and in compliance with the regulations, and not to disclose them to third parties.
3. Conclusion of the contract
3.1.Contracts are concluded exclusively in Italian and English.
3.2.By clicking on “Confirm”, the Customer will formulate to Il Faggio Giardini S.r.l. a proposal for an irrevocable contract, pursuant to and for the purposes of art. 1326 and 1329 of the Italian Civil Code, having as object the articles contained in the cart (“Order”). Immediately after the order is placed by the Customer, Il Faggio Giardini S.r.l. will follow the confirmation of receipt of the order itself. In accordance with the right of withdrawal referred to in Section 6 of these General Terms and Conditions of Sale (GCS), the Customer undertakes to hold the order, pursuant to art. 1329 of the Italian Civil Code, for 2 (two) Working Days from the moment of dispatch, if the ordered article is marked as “available”. In the remaining cases, the order will be irrevocable, always pursuant to art. 1329 of the Italian Civil Code, for 4 (four) working days. Before sending the order, the Buyer is required to carefully read these General Conditions of Sale and related information.
3.3.Once the Customer has received from Il Faggio Giardini S.r.l., the confirmation of receipt of the order, for the items subject to the order, must be considered a binding contract between Il Faggio Giardini S.r.l. and the Customer (“Contract”).
4.Price and shipping costs
4.1. Product prices may be subject to updates and changes. The Buyer is required to ascertain the final price of sale before making the order, it being understood that the price of the items on offer within the site must be considered that indicated until the time of sending the order. The prices shown are prices to the public, including VAT, any other tax but not shipping costs.
5. Payment and delivery
5.1. The Customer will fully pay the price of the items ordered, at the same time as the order. The delivery of the purchased items will take place only after Il Faggio Giardini S.r.l. will have received payment of their full price. Il Faggio Giardini S.r.l., during the order’s processing, can propose at its discretion, different types of payment: by credit card (Visa, MasterCard, American Express), protected system “Paypal”, bank transfer.
5.2. For deliveries, Il Faggio Giardini S.r.l. will use a carrier of his choice. The item marked “available” will be shipped as soon as possible or, in any case, within 25 (five) working days following the confirmation of receipt of the order. Il Faggio Giardini S.r.l. accepts orders that require delivery both on the Italian territory (except for Livigno and Isole Minori) and throughout the rest of the world. For all products delivered, the Seller shall issue the invoice with the data provided by the Buyer.
5.3. In the case of a purchase made by a consumer, the risk of accidental loss of the article remains Il Faggio Giardini S.r.l. until the delivery of the same item to the purchaser or to another subject indicated by the latter since insurance coverage applies. In the case of a purchase made by a person other than a consumer, the risk of accidental loss of the article passes to the Customer with the delivery of the article by Il Faggio Giardini S.r.l. to the first carrier.
6. Limitations of Liability
6.1. The Seller assumes no liability for failure to execute the order within the time stipulated in the contract.
6.2. The Seller shall not be liable to the Customer for any inefficiencies or malfunctions connected with the use of the Internet, which are beyond its control and, in any case, not attributable to it by way of intent or gross negligence.
6.3. The Seller shall not be liable to the Customer for reasons of force majeure, such as strikes, measures taken by the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, flooding and damage to industrial machinery not dependent on Il Faggio Giardini S.r.l. that will promptly notify the Customer of the occurrence and the disappearance of a cause of force majeure. If the cause of force majeure persists for a period exceeding 4 (four) weeks, either party may withdraw from the contract.
6.4. The Seller shall also not be liable for any damages, losses and costs incurred by the Customer as a result of the non-performance of the contract for reasons not attributable to him as a result of intent or gross negligence. In any case, the Customer will not be entitled to any compensation or compensation in any way, but will only be entitled to a full refund of the price paid and any ancillary costs incurred.
6.5. The Seller assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment used by the Customer, where it demonstrates that it has taken all possible precautions on the basis of the best current knowledge and experience and on the basis of its ordinary diligence.
6.6. In no case may the Customer be held responsible for delays or errors in payment if he proves that he has made the payment in the time and manner indicated by the Seller.
6.6.The Seller will not be responsible for the missed or delayed delivery in the event that it is not able to make up for the unavailability of such items or has not been supplied in the terms and ways agreed with its supplier; In case of unavailability of an item, The Seller will refund to the Customer any advance payments of the price within 45 (forty-five) days from the last day between the day following that in which the order was sent and the day of receipt of payment.
6.7. The Seller also provides, in relation to the Products, the legal guarantee of conformity. The rights arising from this guarantee may be exercised by the Buyer provided that the Products have been used correctly, with due diligence and in compliance with the intended use and with the instructions attached, as well as after presentation of the documentation received with the same and indication of the relative order.
7. Buyer’s obligations
7.1. The Buyer undertakes to pay the price of the Product purchased in the time and manner indicated in these General Conditions of Sale.
7.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and maintain the General Conditions of Sale, as well as the order form and the order summary sent by Paypal.
7.3. The information contained in these General Conditions of Sale have been, however, already viewed and accepted by the Buyer, which acknowledges this, as this step is mandatory before the purchase confirmation, pursuant to points 3.2 and 3.3 above.
8. Right of withdrawal
8. 1. The Buyer has, in any case, the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within the period of 10 (ten) working days from receipt of the purchased goods.
8.2. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter A.R. to the address Il Faggio Giardini S.r.l. Via Emilia Est, 788/789, 41122 Modena, anticipating communication by e-mail to: info@vanillaoutdoor.com.
8.3. The Buyer will execute the shipment of the Product carefully packed in the original packaging, complete with every accessory and everything originally contained.
8.4. The return of the goods must take place no later than 15 (fifteen) days from the date of receipt of the product itself.
8.5. In the event of partial withdrawal for the purchase of more than one product, the Buyer’s Delivery Fee will not be refunded.
8.6. The only expenses due by the Buyer for the exercise of the right of withdrawal, pursuant to this article, are the costs of returning the goods to the Seller.
8.7. To be entitled to a refund of the price paid, the goods must be returned intact and, in any case, in normal condition. The right of withdrawal is totally forfeited if the returned product is not intact: – in the absence of the original packaging. – in the absence of integral elements of the product (accessories, brand certificates etc.). – for damage to the product due to causes other than transport.
8.8. After the return of the Products, the Seller shall make the necessary investigations regarding the integrity of the same and compliance with the conditions contained in the previous articles. In the event of a positive response, the Seller will send the Buyer, by e-mail, the confirmation of acceptance of the returned Products and will proceed with the cancellation of the order and the issue of the relevant credit note.
8.9. The Supplier will refund the entire amount paid by the Buyer, by crediting the credit card used for the purchase or in the Paypal account of the Buyer, which will be executed in the shortest time possible or, in any case, within the deadline of 30 (thirty) days from receipt of the notice of withdrawal.
8.10. By receiving the notice by which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous paragraphs of this article
9. Confidentiality agreement
9.1. The item purchased by the Buyer will remain the exclusive property of Il Faggio Giardini S.r.l. until the buyer pays the full price of the item.
10. Warranty and handling of complaints
10.1. It is specified that the Customer’s purchases are subject to the statutory rules on warranty. Any complaint regarding deliveries of the Products and their characteristics at the time of delivery must be reported to the Seller through the number 059-5806564, or by writing an email to info@vanillaoutdoor.com.
10.2. Complaints shall contain a description of their subject matter and the grounds on which they are based. Il Faggio Giardini S.r.l. will consider examining requests as soon as possible and contacting the Customer. Il Faggio Giardini S.r.l. invites the Customer to send a copy of the order documents or indicate the Order number, the Customer number, and any other data useful for the correct identification of the complaint. If no response is received by the Customer within 5 (five) working days, Il Faggio Giardini S.r.l. invites the Customer to request a response. It is also advisable to verify that the e-mails sent by the same are not redirected to or blocked by any ‘spam filters’ or do not reach their destination correctly due to other technical problems of the recipient’s e-mail program.
11. Data protection
11.1.Il Faggio Giardini S.r.l. reserves the right to keep the data of each order and the contact details of the Customer for the sole purpose of using them for the proper management of both orders and any complaints about the warranty of the article and/ or recommendations or instructions to the Customer related to Article. The storage and processing of data will take place in accordance with the content of the Declaration of Protection and Use of Personal Data issued by Il Faggio Giardini S.r.l.
12. Applicable law, place of jurisdiction
12.1. These GCS are governed by Italian law and, therefore, interpreted and performed in accordance with the same, except as expressly derogated from the same and without prejudice to the application of the mandatory laws of the place of residence of the Consumer. The 1980 Vienna Convention on the International Sale of Goods (CISG) and any other international agreements and/or conventions are expressly excluded.
12.2. In the case of contracts concluded with Customers, Professionals, resident in countries outside the European Union where there is no regulation in favour of the Consumer, Il Faggio Giardini S.r.l. reserves the right to rely on the Court of the place where it has its registered office, which will have exclusive jurisdiction to resolve any dispute arising out of or in connection with these GCS and/or individual contracts. In any event, the right to Il Faggio Giardini S.r.l. to appeal to the Court of the Customer’s place of residence.
13. Modification of the General Conditions of Sale
The General Terms and Conditions may be modified and will become an integral part of the new contracts as a result of the forwarding by the Customer of the first order following receipt of the notice of amendment.
14. Replacement clause
Please note that if a present or future provision of the General Conditions of Sale and/or the contract should be or become null or void and/or ineffective, the remaining provisions of the GTC and the contract will in any case remain valid and effective. Il Faggio Giardini S.r.l. and the Customer will undertake to negotiate in good faith the integration of the gap with the replacement of the null and/or ineffective clause with the aim of engaging each other in good faith, in achieving the objective by the invalid or ineffective clause and to safeguard the economic substance of the contract.
Pursuant to and for the purposes of Articles. 1341 and 1342 of the Italian Civil Code, the Customer declares to expressly approve the provisions of the following Sections of these GTCS: 3. (Conclusion of the contract), 5.1 5.2. and 5.3. (Payment and delivery) , 9. (Domain Retention Agreement), 12. (Applicable Law, Jurisdiction) e 13. (Modification of the General Conditions of Sale).