These Conditions of Sale govern the sale of plants grown by the Azienda Agricola Giromagi Cactus producers (hereinafter ‘Giromagi Cactus’), with its registered office at Loc. Landrucci – Terontola, (AR) Italy.
All contracts for the distance selling of plants from Giromagi Cactus to its customers are governed by these Terms & Conditions, which are specifically approved by the customer pursuant to art. 1341 and 1342 of the Italian civil code, and form an integral and essential part of any purchase order. The General Conditions of Sale applicable to each order are those in effect at the date of the order.
All Orders placed on the site are to be made by private customers for their personal use.
1.1. Distance sale of Products. The Order will be automatically registered and purchased according to these Conditions of Sale, specifically approved under Articles 1341 and 1342 of the Italian Civil Code. The Order may be changed after purchase only by phone, fax or email respectively, at the numbers and the email address listed on the site in the ‘contacts’ section.
1.2. Each Order constitutes the acceptance of a contract by the Customer, and the sale is deemed concluded at the time the Order is registered and will be cancellable only after compliance with art. 6.1. Giromagi Cactus reserves the right not to execute incomplete orders, ones not signed by the customer, or ones not specifically approved in writing under Articles 1341 and 1342 of the Italian civil code.
1.3. In case of failure by Giromagi Cactus to execute a part of the order due to (even temporary) unavailability of products, Giromagi Cactus will inform the customer, refunding any advance payments received for these products. In this case the customer will not be entitled to any other reimbursement, nor any indemnity or compensation.
2.1. The items available for distance selling are potted plants, which will be sent to the customer in the manner and time frame stipulated under article. 4.1. For other types of plants, the customer will make special arrangements with Giromagi Cactus.
3.1. The prices of the plants and transport published by Giromagi Cactus on the site are valid at the date of the order and are inclusive of VAT. VAT is calculated based on the rate in effect on October 6, 2014. Any alterations to regulations that lead to changes in VAT or other sales taxes will be adjusted on the delivery form. Transport prices depend on the number of plants and the destination as specified in detail in 6.1.
4.1. Orders are processed according to the date of purchase and may be subject to delay due to climate conditions.
4.2. Transport is defined as the delivery of goods (in Italy) to the point closest to the address that the courier can reach. Payment for transport includes unloading but not carrying the goods or delivery to a floor within a building. The seller is not liable for additional transport costs generated from the inaccuracy and/or incompleteness of delivery information given by the customer on the order form. Any missing items or damage, visible at the time of delivery and clearly the result of transportation, will be resolved by Giromagi Cactus at no cost to the customer, provided that it is expressly mentioned on the countersigned document accompanying the goods.
5.1. In order to be accepted, all claims must be made by registered mail within eight days of the receipt of goods.
6.1. Payment can be made by credit card or by bank transfer. In the latter case, the order number and name of the buyer must be written on the payment slip. The customer transport costs for deliveries in Italy is €12,00. Exceptions are Sardinia, Sicily and Calabria, where the cost is €15,00; Carloforte, Egadi Islands, Aeolian Islands, Favignana, Filicudi, Ginostra, La Maddalena, Leni, Lipari, Malfa, Panarea, Ponza, Santa Marina Salina, Tremiti Islands, Ustica and Vulcan, where the cost is €30,00.
For payments by bank transfer, the IBAN code is INTESA SANPAOLO
Azienda Agricola GIROMAGI di Romano Pipparelli, payable to: Azienda Agricola Giromagi Cactus.
In the payment slip, please state the name of the buyer as it appears on the order form.
Invoice and correct information:
7.1. Under Presidential Decree no. 633/1972, Giromagi Cactus is not responsible for the accuracy of the data provided by the customer on the order form. An invoice using this data will be issued only if this is requested at the same time as the order is made.
Governing Law and Jurisdiction:
8.1. The contract for the sale of plants entered into by sending the order is considered as concluded by ‘Azienda Agricola Giromagi Cactus’, based in Italy and governed by Italian law.
8.2. Any dispute will be dealt with by the court of Arezzo.
Right of withdrawal:
Under Article 5 of the Legislative Decree of 22 May 1999 n. 185, the consumer can withdraw from any order within 10 working days from the receipt of goods. The right of withdrawal can be exercised by a notice in writing addressed to ‘Azienda Agricola Giromagi Cactus - Loc. Landrucci, Terontola (AR)’, sent by registered mail with return receipt, or by telegram or fax, confirmed within the following 48 hours by registered letter with acknowledgment of receipt. The notice of withdrawal from the contract must specify the order number of the goods related to the withdrawal, the description of the goods being returned, and the method chosen by the consumer for the return of any sum relating to the goods. The consumer, at his/her own expense and care, must see to the return of the goods, undamaged and in their original packaging, no later than 10 working days from receipt of the goods. The goods should be returned to Giromagi Cactus at its business address. According to the terms of law, Giromagi Cactus will then return the amount paid by the customer.