General terms and conditions of sale
1. General information
The sale of products (hereinafter: "Products") offered on the website www.officinalidimontauto.com (hereinafter: "Site"), is governed by these general conditions of sale (hereinafter: "General Conditions") and is between the company Artemisia S.r.l. and the purchaser.
2. Commercial policy
2.1 The sale of the Products is mainly addressed to natural persons who are final consumers (hereinafter: "Customers"). The term "Customer" refers to a natural person of age who is acting for purposes unrelated to any commercial, entrepreneurial or professional activity carried out.
2.2 In consideration of the above, Artemisia S.r.l. reserves the right not to follow up on purchase orders (hereinafter: "Orders") from parties other than Customers.
2.3 In any case, if the order is placed by a person who does not qualify as a consumer, these General Terms and Conditions shall apply:
a) the purchaser shall not be granted the right of withdrawal referred to in Article 8 below;
b) the provisions of Article 9 below concerning liability for defective products shall not apply;
c) the purchaser shall not be entitled to any other protections and warranties provided for in these General Terms and Conditions, which comply with mandatory legal provisions in favour of the consumer.
2.3 The presentation of the Products on the Site is not binding for Artemisia S.r.l. and does not constitute an offer to the public, but must be understood as a mere invitation to the Customer to make a contractual purchase proposal.
2.4 Artemisia S.r.l. may modify or amend these General Conditions at any time. In any case, the Customer will be required to accept only the General Conditions in force at the time of the conclusion of each order.
2.5 The Order transmitted by the Customer through the Site is a contractual proposal addressed to Artemisia S.r.l. and is governed by these General Conditions, which are an integral part of the Order itself and must be accepted by the Customer in full and without reservation.
2.6 The Customer's purchase proposal is accepted by Artemisia S.r.l., by sending, to the e-mail address declared at the time of registration on the Site, an e-mail confirming the Order (hereinafter: "E-mail"). The purchase contract is considered completed when the Customer receives the e-mail.
2.7 Each Order may concern one or more Products, without prejudice to the right of Artemisia S.r.l. to provide for a maximum number depending on the product category.
2.8 Artemisia S.r.l. reserves the right not to dispatch orders if they are addressed to a P.O. Box or if it is not possible to identify the private individual receiving the Order and the relative address.
2.9 All communications that in the General Terms and Conditions are indicated to be made by e-mail shall be sent to the e-mail address indicated by the Customer during registration.
3. How to purchase
3.1 Each Product offered for sale can be selected on a special web space that will display the photographic images, the unit price including VAT, the colours and the different sizes available.
3.2 The images and colours of the Products offered for sale may, in some cases, not correspond to the real ones due to the technical characteristics and resolution of the equipment and software of the computer used by the Customer. The images and colours, therefore, must be considered indicative and illustrative, but the Customer is invited to verify the actual adherence of the selected Product to his expectations. Artemisia S.r.l. will therefore not be responsible for any possible inadequacy of the images or colours of the Products due to the aforementioned technical reasons.
3.3 In order to execute each Order for the selected Products, the Customer shall carefully follow the instructions and procedures made available on the Site.
3.4 The Customer is requested to verify the accuracy of the content of each of its Orders before confirming the same, by completing the purchase form according to the instructions provided on the corresponding page of the Site. At the same time as concluding each Order, the Customer will be asked to confirm that he has carefully read and accepted these General Conditions. In the event of non-acceptance of the General Conditions and any eventualities, it will not be possible to conclude the Order.
3.5 If the Customer wishes to make changes or corrections to his Order before the Order is confirmed, he must request such changes or corrections from Artemisia S.r.l., by writing to the following e-mail address email@example.com or by contacting Customer Service at the number: +39 393 904 3291. In general, the confirmed order shall not be further modified or cancelled, except in the cases expressly provided for in the General Conditions, or in any case in the cases provided for by the applicable Italian legislation.
3.6 At the end of the purchase procedure, it is advisable to download, save or print the General Conditions in force on the date of conclusion of the purchase and any specific forecasts (hereinafter: "Specific Forecasts"). The Customer shall also receive an e-mail confirming receipt of the Order placed, containing a summary of the information already contained in the Order form, i.e. the Customer's data and the shipping method/address, and the essential characteristics of each Product purchased as well as a detailed indication of the price and delivery costs.
3.7 The Customer may at any time monitor the status of its Order by entering the reserved area "My Account", or by calling the telephone number of the Customer Service (hereinafter: "Customer Service") indicated on the Site in the relevant "Contacts" section.
4. Prices and payment methods
4.1 The prices of the Products offered for sale and indicated on the Site are expressed in Euros and include VAT.
4.2 The total amount of each Order shall also include shipping costs calculated as specified in Article 7. Shipping Costs below.
4.3 Artemisia S.r.l. reserves the right to modify the prices of the Products offered for sale at any time and without prior notice. The Customer will in any case be charged the prices published on the Site at the time of confirmation of each Order.
4.4 Payment for the Products may be made by credit or debit card enabled for all the main circuits or by PayPal.
4.5 Credit card payment transactions shall be governed by the regulations adopted by the individual credit card circuits.
4.6 Confirmation of the successful completion of each Order will only take place after verification of the Customer's credit card details and receipt of authorisation to debit said credit card. The charge on the Customer's credit card will be made before the shipment of the products of each Order.
4.7 The contractual clauses of the individual credit card companies shall apply to the prior commitment of the credit card ceiling in the event of cancellation of Orders or their positions.
4.8 Credit card data will be handled with the utmost confidentiality directly by the circuit manager. Artemisia S.r.l. is not responsible for any fraudulent or illegal use of credit cards by third parties when paying for products purchased on the www.officinalidimontauto.com website. In this regard, Artemisia S.r.l. reserves the right to cancel the transaction in case of suspicion of fraudulent use of credit cards. In order to ensure greater security, additional information or documents may be requested at any time without which Artemisia S.r.l. reserves the right not to accept the transaction.
4.5 Together with the Products, the Customer shall receive the order receipt relating to the purchase. This receipt, together with the proof of delivery issued by the courier, is to be considered valid for all purposes as a tax receipt. Any invoice, on the other hand, must be requested in advance and specifically at the time the order is placed. To do so, it is necessary to send the invoice request, with all the necessary data, to the following e-mail address firstname.lastname@example.org.
6. Availability of Products
6.1 The Customer acknowledges that stocks of Products offered on the Site are limited.
6.2 Occasionally, one or more Products may not be available. In this case, Artemisia S.r.l. will inform the Customer, as soon as possible, and in any case no later than 10 (TEN) working days from receipt of the Order, by telephone or e-mail.
6.3 In the event that the Order as a whole is not available, Artemisia S.r.l. shall contact the Customer as soon as possible, by telephone or e-mail, and inform him that the Order cannot be processed.
6.4 In the event that the Order is partially unavailable (one or more Products are not available), Artemisia S.r.l. will contact the Customer as soon as possible, by phone or e-mail, and inform him about the unavailable items. The partial order will still be processed, unless specifically requested by the Customer to the email address: email@example.com or by phone: +39 393 904 3291.
6.5 If the Order is cancelled, no charge will be made to the Customer's credit card. If the charge has already been made, the re-credit will be made as soon as possible and in any case in accordance with the policies of the individual credit card operators.
6.6 It is expressly understood that, when each Order is transmitted to the internal structure of Artemisia S.r.l. responsible for its processing, an e-mail of actual acceptance will be sent to the Customer. In some cases (particularly short order processing times), the e-mail in question will be replaced directly by a shipping confirmation.
7. Transport and delivery
7.1 Artemisia S.r.l. will do its utmost to process each Order within 1 (ONE) working day and in any case within 10 (TEN) working days starting from the working day following the day in which the Customer placed the Order.
7.2 When the package with the ordered Products leaves the warehouse of Artemisia S.r.l., Artemisia S.r.l. will send an e-mail to the Customer.
7.3 The Customer may track the processing status of each Order through the appropriate procedures in the Customer area.
7.4 The Customer Service is at the Customer's disposal to provide assistance on the status of the Order and for any problem relating to the delivery (except during holidays and periods of business closure) and can be contacted by writing an email to firstname.lastname@example.org.
7.5 The Customer shall check the Products immediately upon delivery to ensure their conformity with the order.
7.6 Any anomalies (such as, for example, tampering, damage to the packaging, damaged Products, missing or different Products from those ordered and/or indicated in the shipping document) must be specifically described in writing directly on the delivery document, which must be signed by the Customer.
8. Shipping costs
8.1 The shipping service is offered to the Customer free of charge for all shipments with destination within the Italian territory or charged at a flat rate of € 9.90 for all shipments with destination within the EU member states. (Italy excluded). These charges may be modified at the discretion of Artemisia S.r.l..
8.2 The shipping costs will be displayed, together with the other costs relating to the purchase, at the conclusion of the procedure for completing each Order and prior to confirmation.
9. Right of withdrawal
9.1 The Client has the right to withdraw from each concluded Order, without any penalty and without specifying the reason, within the peremptory term of 14 (FOURTEEN) working days, starting from the day of receipt of the Products.
9.2 The Customer may withdraw from the Order in whole or in part.
9.3 In order to exercise the right of withdrawal, the Customer must fill in the appropriate form in the "Returns Centre" section of the Site.
9.4 In order to exercise the right of withdrawal, the Customer must return the Products to Artemisia S.r.l., handing them over to the courier for shipment, within and no later than 5 (FIVE) working days from the date of sending the request for return.
9.5 It is understood that: the costs of returning the products shall be borne by Artemisia S.r.l. and that any costs incurred at the time of purchase for shipping shall be reimbursed.
9.6 Artemisia S.r.l. reserves the right to withhold from the refund, in whole or in part, the amount of costs incurred for the return shipment, to be considered equal to € 7.76 for Italy and € 15.94 for foreign countries, in the following cases:
a) In the event that the Customer uses packaging of greater size and weight than that received with the product.
b) In the event of hijacking of the parcel by the Customer, additional services requested by the Customer from the carrier or storage due to non-cooperation by the Customer.
c) In the event that the date of return shipment is postponed, by agreement between the Customer and the courier, and is later than 5 (FIVE) working days from the date on which the request for return was made.
9.7 In the event that the customer sends the product at his own expense or without using the procedure indicated in the "Return Centre" section of the Site, the costs for the return shipment will not be reimbursed and will remain the responsibility of the Customer. In this case, shipping shall be understood to be the responsibility of the Customer.
9.8 Any amount withheld from the refund relating to the exceptions mentioned in paragraph 8.6, is subject to change and will be documented at the request of the purchaser. Artemisia S.r.l. reserves the right to modify the amounts relating to the return costs mentioned in paragraph 8.6 following any changes in the agreements between Artemisia S.r.l. and the transport companies.
9.9 The right of withdrawal, in addition to compliance with the above terms and conditions, shall be deemed to have been properly exercised if the following conditions are also fully complied with:
a) the Products must be returned in their original condition and packaging;
b) the identification tag must still be attached to the Products (where applicable).
9.10 Artemisia S.r.l. will verify that the returned Products are actually in their original condition. In particular, the return of Products that have been worn, washed or damaged will be refused. In this case, Artemisia S.r.l. will not accept the returned Products and it will be the responsibility of the Customer to collect, personally or by courier, these Products which will remain at the Customer's disposal for 30 (THIRTY) days following the notification of the refused return at the warehouses of Artemisia S.r.l..
9.11 In case of exercise of the right of withdrawal, as indicated above, and verified that the Products are in their original state, Artemisia S.r.l. shall refund the amounts already charged to the Customer as soon as possible and in any case within 14 (FOURTEEN) days from the date on which it became aware of the Customer's exercise of the right of withdrawal. The sums shall be considered reimbursed within the terms if they are actually re-credited with a value date not later than the expiry of the aforementioned term. Artemisia S.r.l. cannot in any way be held responsible for delays in the actual crediting attributable to the Bank.
9.12 Artemisia S.r.l. shall refund the Customer the value of the returned goods, including shipping costs.
10. Liability for defective products
10.1 Pursuant to the provisions of Italian law and in particular of Legislative Decree 206 of 6 September 2005 (Consumer Code), Artemisia S.r.l. is responsible for any defect in the Products, including the non-conformity of the products received by the Customer compared to those offered on the Site and ordered.
10.2 The Customer shall forfeit his rights as specified below, if he does not notify Artemisia S.r.l. of the defect within two months from its recognition.
10.3 Pursuant to Article 130 of the Consumer Code, in the event of a defect, the Customer is entitled to have the goods restored free of charge, by repair or replacement, or to obtain an appropriate reduction in price or termination of the contract for the disputed products.
10.4 The return costs for defective Products or for the non-conformity of the Products with respect to the Order shall be borne by Artemisia S.r.l..
11. Return of Products
11.1 If one or more of the Products delivered do not correspond to those ordered or are damaged, without prejudice to the provisions of art. 6.6, the Customer must promptly inform Artemisia S.r.l., by writing to the following e-mail address email@example.com.
11.2 Products must be returned in their original condition and packaging. It is at the discretion of Artemisia S.r.l. to determine whether a Product is new or has been used by the Customer.
In the latter case, Artemisia S.r.l. will not accept the returned Product and it will be the responsibility of the Customer to collect, in person or by courier, such Products which will remain at the Customer's disposal for 30 (THIRTY) days following the notification of return refusal at the warehouses of Artemisia S.r.l..
11.3 For the return of the product, the Customer shall delegate the organisation of the shipment to Artemisia S.r.l., otherwise the shipping costs shall be borne by the Customer.
11.5 Once the Products have been received at the Artemisia S.r.l. warehouse and the conditions set forth in point 10.2 have been verified, Artemisia S.r.l. will credit the amounts already charged to the Customer's credit card or PayPal account in the shortest time possible and in any case within 14 (FOURTEEN) days from the date of receipt of the Products at its warehouse.
12. Applicable law and disputes
12.1 The General Terms and Conditions and any Specific Provisions shall be governed by and construed in accordance with Italian law.
12.2 In the event of a dispute of any kind and nature relating to the General Conditions, any Specific Provisions and the Orders, the Court of the place of domicile or residence of the Customer shall have jurisdiction in accordance with applicable law, or, at the Customer's choice, the Court of Milan.
For any further information, assistance or complaints, Customers are invited to send an e-mail to the following address: firstname.lastname@example.org or contacting the operational headquarters of Artemisia S.r.l. located in Loc. Campigliola, 67 - 58014 Manciano (GR) - Tel. +39 393 904 3291.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer acknowledges that he/she knows and expressly approves the following articles of these General Terms and Conditions of Sale:
Art. 2 Commercial policy
Art. 9 Right of withdrawal
Art. 10 Liability for defective products
Art. 11 Return of products