GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale (hereinafter also referred to as “General Terms”) regulate the offer and sale of the commercialized products, through the website treepotsies.it by the Company Poz Srl, with registered office in 37029 San Pietro in Cariano (Vr), Viale Ingelheim no. 48 – Vat no. IT04831130234.
The General Terms are available to the customer (and/or User) in the web site section General Terms and Conditions of Sale and are accessible at the homonymous link reported in the footer of tha same website.
The applicable General Terms are those applicable at time of submission of the purchase order.
Before proceeding with the order submission and, therefore, to the conclusion of the purchase agreement, the client shall read all information included in the present document.
2.1. “Website”: is the web site www.treepotsies.it dedicated to the sale of cosmetic products and food supplements, as sold by the Company Poz Srl, with registered office in 37029 San Pietro in Cariano (Vr), Viale Ingelheim no. 48 – Vat no. IT04831130234.
2.2. “Customer” and/or “User”: is the subject (person or entity) that performs the purchase of products on the website.
2.3. “Order”: is the order-request form for the goods available for sale, filled out by the Customers on the website.
2.4. “Products”: are the goods available for sale on the Website, according to the present General terms and Conditions of sale.
2.5. “Contract”: is the remote contract, which refers to the sale of the products, according to the present General terms and Conditions of sale.
2.6. “Parties”: are the Company Poz Srl and the Customer.
3. IDENTIFICATION OF THE SELLING SUBJECT.
The Website treepotsies.it is the informational e-commerce website owned by the Company Poz Srl, with registered office in 37029 San Pietro in Cariano (Vr), Viale Ingelheim no. 48 – Vat no. IT04831130234 – certified e-mail address: email@example.com.
The products purchased on the website are offered and sold by the Company Poz Srl which is, therefore, the only counterparty to the Customer, which wishes to purchase one or more products through the website and is, therefore, the subject:
The sales agreement finalized through the Website is, therefore, concluded and fullfilled between the Customer and the Company Poz Srl.
4. REGISTRATION OF THE SINGLE CUSTOMER-USER.
In order to purchase the products available on the Website – without any obligation for the Customer to make a purchase – each Customer shall register to the website treepotsies.it, indicating a username and password and supplying the following personal data:
- name and last name / company name;
- date of birth;
- home address / Registered office address;
- phone number;
- shipping Address, if different from the indicated home address or registered office address;
- Fiscal Code or Vat number.
The Customer shall modify such data at any time, accessing to his / her profile from the website home page.
The username to access the reserved area of the website will be the e-mail address used for the registration.
The customer acknowledges that such identifying information constitutes the system for validating the customer's access to the services and the only system suitable for identifying the latter, always attributing to the latter the acts performed through such access and confirming the binding effectiveness of the same to his / her regards.
In completing the registration process, the client undertakes to follow the indications included in the website and to supply his / her personal data in a correct and truthful way.
Once the registration is completed, the Customer will receive a confirmation e-mail to the e-mail address indicated. The confirmation of the registration shall be communicated by the client within a maximum of 24 hours from time of receipt of the aforemention confirmation request.
After such timeframe, at fault, the Company Poz Srl shall be free from any obligation to the Customer.
The registration confirmation will, in any case, exempt the Company Poz Srl from any liability regarding the data provided by the customer.
The customer undertakes to promptly inform the Company Poz Srl of any variation of his / her data at any time communicated.
If the customer communicates inaccurate or incomplete data or in case there is a dispute by the interested parties about the issued payments, the Company Poz Srl will have the right not to activate or suspend the service until the relative deficiencies are rectified.
The customer undertakes to maintain the secrecy of his / her access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
5. AVAILABILITY, INFORMATION AND PRICES OF PRODUCTS.
The offer and sale of products through the website constitute a remote contract governed by Chapter I, Title III (Articles 45 et seq.) of Italian Legislative Decree of 6 September 2005, no. 206 ("Consumer Code") and by Legislative Decree of 9 April 2003, no. 70, containing the regulation of e-commerce.
The products that can be purchased through the website are the items present and promoted on the website, indicated as available at the time of placing the same order. Each product is accompanied by an information page which includes:
The purchase of products through the website is allowed both to users who have the quality of consumers and to users who do not have such quality, person or entity, companies and / or entities of any kind, acting, however, to purposes unrelated to any entrepreneurial, commercial, professional or handcraft activities they may carry out.
In accordance with the Legislative Decree 9 April 2003, no. 70 containing provisions on e-commerce, the Company Poz Srl informs the customer that:
• to conclude the purchase contract for one or more products on the website, the customer must fill out an order form in electronic format, following the instructions that will appear from time to time on the same website;
• before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions on the website;
• the sales contract will be considered finalized only once the order confirmation has been received from the seller to the e-mail address indicated when the customer completes his / her personal data or at the time of payment by cash on delivery (in case of choice of such payment method).
Once the order form has been registered, the Company Poz Srl will send the user, to the e-mail address indicated, the order confirmation containing:
• information regarding the essential characteristics of the purchased product;
• a detailed indication of price, mean of payment, delivery costs, where applied and / or applicable.
The order form will be filed for the time necessary to execute it and, in any case, in accordance with the law.
The Company Poz Srl reserves the right to refuse a purchase order made in case of inaccuracy of the information provided by the customer, in case products have been, in the meantime, sold out, in the event that insufficient guarantees of solvency are found, if the order does not correspond to the normal needs of use, in case of an erroneous indication of selling prices of the Products on the website, or for reasons of force majeure.
The language available to users for the conclusion of the contract is Italian.
Customer Service is able to communicate with users in Italian, has access to and does not store the aforementioned data.
The order confirmation will be sent only after the payment of the sales price has been duly received on the bank account of the Company Poz Srl.
6. LEGAL GUARANTEE.
All products sold on the website are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Italian Consumer Code (hereinafter "Legal Guarantee"). The Legal Guarantee is reserved for consumers. Therefore, it applies only to customers who have made a purchase on the website for purposes other than entrepreneurial, commercial, handcraft or professional activities. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within the terms established by law. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months from time of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the customer, for the purposes of this proof, to keep the order confirmation e-mail or the purchase invoice, if applicable, or the transport document or any other document that can certify the date of purchase (e.g. credit card statement or bank statement) and delivery. Any defects caused by accidental events or by the user's responsibility or by use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are excluded from the scope of the Legal Guarantee.
In the presence of lack of conformity, the consumer-customer has the right to the remedies provided primarily by the law, as required by articles 128-135 of the Consumer Code, to which reference should be made for further information.
In the event that a product purchased on the website, during the validity period of the Legal Guarantee, shows what could be a lack of conformity, the user is required to contact the Company Poz Srl, at the following certified e-mail address firstname.lastname@example.org.
The customer can either forward any requests or complaints by contacting the Company Poz Srl, in the following ways:
• by e-mail, to the certified e-mail address: email@example.com;
• by telephone, at the number +393279305000 available from Monday to Friday, from 9.00 to 13.00 and from 14.00 to 19.00, public holidays excluded.
The company Poz Srl will respond to complaints by e-mail or certified e-mail or by post within a maximum period of 7 working days from receipt of the relative request.
8. RESOLUTION OR CUSTOMER-USER DISPUTES.
Pursuant to art. 141-sexies, paragraph III, of the Italian Consumer Code, the Company Poz Srl informs, from now on, the customer - who covers the qualification of consumer as referred to in art. 3, paragraph 1, lett. a) of the Italian Consumer Code - that, in the event that he / she has presented a complaint, following which it has not been possible to resolve the dispute that has arisen, he / she will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions, specifying whether or not he / she intends to use these bodies to resolve the dispute.
The Company Poz Srl also communicates to the customer who covers the qualification of consumer pursuant to art. 3, paragraph 1, lett. a) of the Italian Consumer Code, that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform).
The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/.
Through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website for each of them and start an online resolution procedure for the dispute in which he / she is involved.
All the above mentioned without the prejudice of the right of the consumer user to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes regarding consumer relations through the procedures referred to in Part V, Title II-bis of the Italian Consumer Code.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00.
The text of the regulation is available on the website www.eur-lex.europa.eu.
According to art. 49 c. 1 letter v) of Legislative Decree no. 206/2005 (Consumer Code) the customer who intends to resolve a dispute arising with the seller can make use of the Joint Conciliation procedure pursuant to art. 141 ter of the Consumer Code.
The Procedure can be initiated if the consumer, after submitting a complaint to the company, within 45 days, has not received a response or has received a response that is not deemed satisfactory by him / her.
9. APPLICABLE LAW AND JURISDICTION.
The sales contract concluded between the customer and the Company Poz Srl is concluded in Italy and governed by Italian law.
For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the customer is a consumer pursuant to the Consumer Code, the court of his / her town of residence or of domicile, if located in the Italian territory, will be competent.
In all other cases, the territorial jurisdiction is, exclusively, that of the Court of Verona, any other competent court excluded.
10. COPYRIGHT AND TRADEMARKS.
The sales contract concluded with the customer does not give the latter any rights towards the trademarks, logos and other and various distinctive signs of various kinds, pay-offs on the website, or to the related contents. The contents contained in the website, such as texts, graphics, images and animations are protected by copyright law. All contents present or visible on the website, including but not limited to logos, icons, registered trademarks, text, graphics, photographs, images, hereinafter also "Content", is of exclusive property of the Company Poz Srl.
11. DATA PROCESSING
12. SAFEGUARD CLAUSE.
In the event that one of the clauses of these General Conditions is null for any reason, this will in no case compromise the validity and compliance with the other clauses of these agreement of General Terms and Conditions of Sale.