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General conditions of Sale

These General Conditions of Sale govern the sale of plants grown by the Giromagi Cactusi Agricultural Company (hereinafter Giromagi Cactus), with registered office in Loc. Landrucci - Terontola (AR), Italy.
All contracts for the distance sale of plants by Giromagi Cactus to its customers are governed by these G.C.S., which are specifically approved by the customer pursuant to articles 1341 and 1342 of the Italian Civil Code, forming an integral and substantial part of every purchase. The G.C.S. apply to all offers, sales, deliveries, contracts and all related services provided by Giromagi Cactus.
All Orders placed on the website are intended to be made by private customers for their own personal use.

Orders:

1.1. By placing an order on the website www.giromagi.com, the Customer declares that he/she has read all the information provided during the purchase procedure, and fully accepts the general and payment conditions transcribed below.

1.2. The sale of the Products is made at a distance. The Order will be automatically registered and applied with these G.C.S., which are specifically approved pursuant to art. 1341 and 1342 of the Italian Civil Code. Once the Order is placed, it can be changed only by phone, fax, e-mail, indicated on the website in the contact section.

1.3. Each Order constitutes a contractual acceptance by the Customer, and the sale is considered concluded once the Order is registered, and will be processed only after compliance with art. 6.1. Giromagi Cactus reserves the right to not proceed with the orders that are incomplete, not signed by the customer or not specifically approved by art. 1341 and 1342 of the Italian Civil Code.

1.4. In case the order cannot be executed by Giromagi Cactus due to unavailability, even temporary, of the products ordered, Giromagi Cactus will inform the customer, refunding any payments received for such products. In this case, the customer will not be entitled to any further refund, indemnity or compensation of any kind.

1.5. Any right of the Customer to compensation, as well as any contractual or extra-contractual responasbility of Giromagi Cactus for direct or indirect damages to persons and/or things, is excluded in case of non-acceptance, even partial, of the order. In case of unexpected unavailability of the goods and the following non-acceptance of the order, no charge will be made to the Customer.

Products:

2.1 Plants that will be sent to the customer in the ways and times provided in art. 4.1. For other types of plants, the customer must agree with Giromagi Cactus with any new order.

Prices:

3.1. The prices of plants and shippping costs published by Giromagi Cactus on the website are valid on the date of the order and include VAT. VAT is calculated on the basis of the effective rate from 6 October 2014. Any regulatory changes, concerning VAT changes or other sales taxes, will result in an adjustment in the product and transport prices. Shipping costs depend on the number of plants and the destination, as better specified in 6.1.

Limitation of liability:

4.1. Giromagi Cactus assumes no responsibility for non-executed orders in case of disservices attributable to force majeure.

4.2. Giromagi Cactus assumes no responsibility in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet, beyond its own control or that of its subcontractors.

4.3. Giromagi Cactus is not liable for damages, losses and extra costs incurred by the Customer in case of non-performance of the contract, due to the reasons not related to the company.

Shipping:

5.1. Orders will be processed according to the date of their acquisition and may be subject to a certain delay according to the climatic conditions of the moment.

5.2. The transporting is provided up to the point closest to the address indicated, reachable by the carrier; the transport contribution includes the relative unloading, but not the porterage or transport to the floor. The Seller is not liable for additional transport costs followed by the inaccuracy and / or incompleteness of the delivery data, indicated by the Customer on the order form.

5.3. Delivery to the so-called “inaccessible” places, such as hospitals, hotels, busines centers, universities or public buildings, is not guaranteed. In case the order has to be delivered to one of such places, you must provide the name and telephone number of the place, as well as many details as possible, for example, the name of the department, the room number, the name with which the recipient has checked in at the hotel. Giromagi Cactus will try to deliver your order, according to the regulations of each building, however the company is not responsible, if these organizations block the delivery process. Giromagi Cactus cannot authorize any refund in case it has not been possible to deliver the order, due to the circumstances mentioned above.

Claims:

6.1. All claims, in order to be accepted, must be sent by registered mail within five days after the packages have been received.

Warranty for defects:

7.1. Giromagi Cactus will provide, in addition to the Products purchased by the Customer, the legal guarantee of compliance, together with the conditions and terms, set out in Articles. 128 and ss. of the Consumer Code.

7.2. In particular, the rights, arising from this guarantee, may be exercised on condition that the Products have been used correctly, with due diligence and in compliance with the intended use and as provided in the enclosed indications, as well as upon presentation by the Customer of the delivery note received with the goods and indication of the order number.

7.3. The costs related to the return of the products for the exercise of the guarantee are to be paid by the Customer.

7.4. In any case, any claims for flaws or defects, even if deriving from packaging operations of the goods shipped, must be received by Giromagi Cactus, by fax or registered mail, indicated in the delivery methods and times section, within 5 days after the disputed lot has been received.

7.5. The Customer is required to accompany any complaint of defects with photographs, representing damage to the goods.

7.6. If the product sold is considered to be defective, Giromagi Cactus can propose to the Customer either a partial refund in an amount appropriate to the seriousness of the defect, or the replacement of the product. The latter option is excluded for minor defects, that do not affect in any way the intended use or the external appearance of the Product.

Terms of payment:

8.1. Payment can be made by credit card or by bank transfer. In the latter case, the order number and name of the order holder must be indicated in the reason for payment.

Billing and data accuracy:

9.1. Pursuant to Presidential Decree no. 633/1972 Giromagi Cactus is not responsable for the accuracy of the data, indicated by the Customer in the order form; the invoice will be issued, only if requested when sending the order form.

Applicable law and competent court:

10.1. The plant sale contract is considered concluded in Italy by sending the order to Giromagi Cactus, and is governed by Italian law.

10.2. For any dispute, the competent court is that of Arezzo, Italy.

Right of withdrawal

In accordance with art. 5 Legislative Decree 22 May 1999 n. 185 and subs. mod., the consumer can withdraw from any order within 14 (fourteen) working days from receipt of the products. The right of withdrawal is exercised by a written communication, to be sent to Azienda Agricola Giromagi Cactus - Loc. Landrucci, Terontola (AR), by registered mail with the return receipt, telegram, fax, confirmed by the registered mail with acknowledgment of receipt by the next 48 hours. The notice of withdrawal must indicate the number of the order, from which you are withdrawing, the product to be returned, the payment method chosen for the refund of any amount paid in the price account. The consumer must provide at his own expense and care the return of the products to Giromagi Cactus, at its Headquarters; the goods must be perfectly intact and in their original packaging, shipped no later than 10 working days from the receipt of those. The Giromagi Cactus will refund the amount paid by the Customer within the terms of the law.

Pursuant to the Consumer Code (Legislative Decree no. 206/2005 as amended by Legislative Decree no. 21/2014), the Customer (also qualified as a "Consumer", ie a person acting for unrelated purposes to any entrepreneurial, commercial, artisanal or professional activity carried out) has the right to withdraw from the contract and to return the ordered Products, without any penalty and without specifying the reason, within 5 days after the receipt of the Products.
The right of withdrawal, expressed with an explicit declaration, also using the withdrawal form attached to the Consumer Code, must be exercised by the Customer, under penalty of forfeiture, by sending a registered mail with the return receipt, to the following address:

Azienda Agricola Giromagi
Loc. Landrucci
52044 Terontola (AR), Italia

Within 5 days from the date of receipt of the goods, i.e. from the moment in which the consumer or a third party, other than the carrier (or courier) and designated by the consumer, acquires physical possession of the goods, except of the case of multiple goods, ordered by the consumer, which are delivered separately: in this case the deadline for communicating the will to withdraw from the contract starts from the day, on which the consumer or a third party, other than the carrier and designated by the consumer, has acquired physical possession of the last good.

The notice of withdrawal may be sent, within the same term, also by telegram or fax, sent and followed by a confirmation by registered mail with acknowledgment of receipt sent STRICTLY within the following 48 hours. The burden of proof relating to the exercise of the right of withdrawal in accordance with this article lies with the Customer.

Once the aforementioned notice of withdrawal has been received, Giromagi Cactus will communicate to the Customer straighgt away the instructions on how to return the goods that must be received by Giromagi Cactus within 5 days after the authorization.

The right of withdrawal is not permitted with reference to the purchase of goods, for which the amount paid by the Consumer does not exceed 50 euros and is excluded in relation to the contracts indicated in art. 59 of the Consumer Code, which include:
• the supply of goods made to measure or clearly personalized;
• the supply of goods that risk deteriorating or expiring rapidly;
• the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection, which have been opened after delivery;

the right of withdrawal is however subject to the following mandatory conditions:
• the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on some part of the purchased product;
• the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided;
• in case the goods have undergone a decrease in value due to the wrong use of the Product to verify its characteristics, nature and functioning, the Consumer will be responsible for the decrease in the value of the goods;
• the shipping costs for returning the goods are charged to the Customer;

During the aforementioned withdrawal period, the Customer is responsible for the object as custodian. The shipment is under the full responsibility of the Customer, until the certificate of receipt in our warehouse is received.
In case of damage of the goods during transportation, Giromagi Cactus will communicate the Customer about the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain a refund of the value of the goods (if insured); in this case, the product can be replaced, while canceling the request for withdrawal;
Giromagi Cactus is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
Without prejudice to any repair costs for damage to the original packaging, Giromagi Cactus will refund the Customer the full amount already paid without undue delay and in any case no later than 14 days from the day, on which Giromagi Cactus will be aware of the intention to withdraw from the contract or to return the goods, using the same payment method as for the initial transaction, by means of a reversal of the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details, on which to obtain the refund (ABI Code - CAB - CIN - Current Account - of the invoice holder).
The right of withdrawal is totally lost, for lack of the essential condition of integrity of the Product (packaging and/or its contents), in cases where the Giromagi Cactus ascertains:
• the lack of the external packaging and/or the original internal packaging;
• the absence of integral elements of the product;

The Customer will not be able to exercise the right of withdrawal in case of the supply of personalized goods (eg: particular tree or plant grafts, requested by the Customer) or from a highly perishable and subject to rapid deterioration asset given the time required to exercise the right to withdrawal. In such cases, the right of withdrawal is excluded pursuant to art. 59, paragraph 1, letters (c) and (d) of the Consumer Code.

Damages caused by misuse are not guaranteed and therefore no liability is assumed for direct or indirect damages, deriving from such misuse. Furthermore, no responsibility is assumed for direct or indirect damage to persons or property resulting from product malfunction.

Intellectual Property Rights

11.1. The website, mobile sites, trademarks, logos, graphics, photographs, animations, videos, texts and any other content present on the website are the exclusive intellectual property of Giromagi Cactus or of entitled third parties and cannot be reproduced, used or represented without the explicit authorization of the owners. Any other use by the user, without the authorization of Giromagi Cactus, is prohibited. In particular, the user cannot modify, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute in any way the contents of the website www.giromagi.com. The user undertakes to respect the copyright rights of www.giromagi.com and third parties, where stated. Copying and storing, using any content, to which the user has accessed for purposes, other than those referred to in this contract, is prohibited.

11.2. The information and advice available on the website or other publications of Giromagi Cactus are intended solely for personal use.

Giromagi Cactus or the subjects, who have granted the right to use to www.giromagi.com, own the copyright on all texts, writings, photos, design and content of the website, catalogs and other publications in combination with the related selection and ordering, including software collections, and enjoy relative protection. All rights reserved.

11.4. No part of our website may be reproduced mechanically or electronically, including photocopies, or in any way without the prior written consent of Giromagi Cactus or the owner of the intellectual property rights.

11.5. All names, logos, slogans or other statements may be our trademarks or that of other individuals or companies. Any unauthorized use of the trademark is illegal. The customer may not copy, reproduce, send, distribute or commercially exploit the protected copies and images, nor create derivative works or contents of this material or assist others to do so. If the customer is aware of such distribution or commercial exploitation, he agrees to immediately inform Giromagi Cactus.