Premise
This information is provided for the site https://erboristerialettignatur.com" (Site) owned by Erboristeria Lettig Natur, with registered office in Via Forni di Sotto n. 13 – Udine 33100 Ud IT, with VAT number 02908970300 (Seller).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.5 These General Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or for the sale of products by such parties. On the websites that can be consulted through these links, the Seller does not carry out any control and / or monitoring. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.
1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchase on the Site
can take place after registration on the Site
It is allowed both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, lett. a) of the Consumer Code, it is recalled that the quality of consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person acting in the exercise of his entrepreneurial, commercial, craft or professional activity, or his intermediary, has the quality of professional.
2.2 The Seller reserves the right to refuse or cancel orders that originate:
by a user with whom the Seller has an ongoing legal dispute
by a user who has previously violated the General Conditions of Sale
from a user who has been involved in crimes
by a user who has issued false, incomplete or otherwise inaccurate identification data or who has not promptly sent the documents requested by the same to the Seller or who have sent invalid documents.
Art. 3. Registration on the Site
3.1 To register on the Site you must fill out the appropriate form, entering the following data:
Email
password.
3.2 You undertake to immediately inform the Seller if you suspect or become aware of improper use or improper disclosure of access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by it is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and / or from the provision of false personal data, incomplete or otherwise inaccurate, without prejudice to the Seller's right to disable the user's account.
Art. 4. Information aimed at the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:
to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site
the contract is concluded when the order form reaches the Seller's server
once the order form has been received, the Seller will send you to the e-mail address indicated the order confirmation containing:
information relating to the characteristics of the purchase
the indication of the price
an indication of the means of payment used
an indication of delivery costs.
Art. 5. Product Availability
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 Within the Site there is information relating to the availability of each Product.
5.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.
5.4 Alternatively, you may accept:
if a replenishment is possible, an extension of the delivery terms, offered by the Seller, indicating the new delivery time
if a replenishment is not possible, the Seller will supply a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and subject to express acceptance by the user.
5.5 If a refund is requested of the amount paid for the purchase of Products that later proved to be unavailable, the Seller shall make the refund within a maximum period of 15 days.
5.6 In the event that you exercise the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due pursuant to the provisions of the article "Payment methods" below.
Art. 6. Sheet
6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you to display them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use.
Art. 7. Prices
7.1 All prices of the Products published on the Site are inclusive of Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products at any time without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any changes (increasing or decreasing) subsequent to the transmission of the same will not be taken into account.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
7.4 The use of discount vouchers is regulated on the site according to the following principles:
If the value of the discount code is lower than that of the order, the remaining sum can be completed according to the payment methods provided on the site
Discount codes cannot be combined with each other for a single purchase
Discount codes can also be used to purchase products already in promotion
Discount codes can also be used for payments of spending amounts lower than their value; in this case the remaining discount amount cannot be credited back and is considered lost
Each discount code can only be used for one purchase
In no case do discount codes give the right to change in the case of purchases of a lower amount
Any products for which it will not be possible to use the discount codes will be duly reported on the Site
In case of cancellation for any reason of an order for which a discount code has been used, the relative amount will be credited back to the customer's personal account
Under no circumstances can discount vouchers be converted into cash.
Art. 8. Purchase orders
8.1 The Seller will ship the Products only after receiving confirmation of the authorization to pay or the crediting of the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, will physically take possession of the Products.
The Service chosen by you will be carried out only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after the submission of your purchase order, it is established that you have not paid all or part of the Total Amount Due.
8.2 The purchase contract is terminatively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.
8.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by checking the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
Art. 9. How to pay
9.1 The following payment methods are allowed on the Site:
Payment card
PayPal.
9.2 The Seller accepts credit cards of the circuits:
VISA
MasterCard (Cirrus Maestro)
American Express
They are, in any case, indicated in the footer of each page of the Site.
The charge will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card you use has issued the debit authorization.
In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Site at the time of the purchase transaction) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may imply the impossible to finalize the purchase on the Site.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used for the payment of the Products.
The charge will be made at the time of transmission of the order.
9.3 On the Site it is also possible to make purchases through the PayPal payment solution. If you choose PayPal as your means of payment, you will be redirected to the www.paypal.it site where you will make the payment according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with this account.
In the case of payment by PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to you will be credited to the PayPal account of the same. The timing of crediting the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
Art. 10. Delivery of Products
10.1 There are no delivery limitations, except in the cases indicated on the Site and/or in the Product Sheet.
10.2 Delivery is subject to payment for orders less than or equal to € 75.00; For larger amounts, delivery is free.
10.3 From the date of sending the order, the Products will be delivered within 5 days and, in any case, within thirty days from the date of conclusion of the contract.
10.4 It is up to you to check the condition of the Product delivered. It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials and we invite him, in his interest, to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains unchanged.
10.5 You have the possibility to collect the Product at a collection point, according to the options and methods available on the site and / or during the purchase process, provided that this method is available for the Product selected by you. You will be promptly notified when the Product is ready to be picked up at the collection point of your choice. From the communication you have 2 days to collect the Product at the collection point. Unless otherwise agreed, if you do not fulfill this obligation, the purchase contract will be considered terminated by law, pursuant to and for the purposes of art. 1456 c.c. As a result of the termination, the order will be canceled and the Seller will refund the Total Amount Due paid by you, minus the shipping costs. The mere failure to collect the Product cannot be understood as exercising the right of withdrawal, if provided, and will not give the right to a full refund of the sums paid for the purchase of the Product.
Art. 11. Right of withdrawal
11.1 In the event of purchase on the Site, unless otherwise indicated, you do not have the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are:
sold sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and have been opened after delivery.
11.2 If you are a consumer, you have the right to withdraw from the contract for the purchase of the Product without having to provide any reason and without having to incur costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
11.3 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.
11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:
Email: https://erboristerialettignatur.com/contatti/
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when notifying the Seller of your withdrawal.
11.5 In case of exercise of the right of withdrawal, using a carrier of your choice and at your own expense, without undue delay and in any case within 14 calendar days from the date on which you communicated to the Seller your decision to withdraw (Return Deadline). The Return Policy is met if you send back the Products before the expiry of the fourteen-day period. The Product, suitably protected and packaged and, if possible, in the original packaging (the original packaging is always required if the serial numbers of the products are printed there), must be returned to the following address:
Herbalist Lettig Natur
Via Forni di sotto 13 33100 Udine
11.6 The direct costs of returning the Products are at your expense as well as the responsibility for the transport of the same.
11.7 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at its own expense, the Seller may suspend the refund until receipt of the Products or until you demonstrate that you have sent back the Products, whichever is earlier.
11.8 You are solely responsible for diminished value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product.
11.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the amount of the refund an amount equal to this decrease in value. The Seller will notify the Seller of the circumstance and the consequent reduced amount of reimbursement within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for payment of the amount due by the user due to the decrease in value of the Product.
11.10 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 5 (working) days of receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.
11.11 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euro, which includes two Products, the first worth 50.00 Euro and the second worth 150.00 Euro, and returns the Product worth 150.00 Euro, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned can never exceed that actually paid.
Art. 12. Legal Guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When to apply
The Seller is liable to the consumer for any lack of conformity of the Product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that becomes apparent within six months 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 delivery of the Product, it will 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 consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that the consumer, for the purposes of this proof, keeps the purchase invoice or any other document that can certify the date of purchase (for example the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller will refund to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller is not liable in case of damages, of any nature, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.
If you have made the purchase as a "professional" pursuant to the provisions of the Consumer Code, the previous paragraphs of this article do not apply. Your purchase on the Site will apply the legal guarantee provided for by art. 1490 c.c.
Art. 13. Manufacturer's standard warranty
13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can only enforce this guarantee against the manufacturer. The duration, the extension, including territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary in nature and does not replace, limit or exclude the Legal Guarantee.
Art. 14. Applicable law and jurisdiction; Out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution
14.1 The purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
14.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based pursuant to the provisions of Article 1 above is competent.
14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR entities, as indicated in articles 141-bis and following Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute itself.
14.4 The Seller also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted 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 entities, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.
14.5 In any case, the right of the consumer user to refer the dispute arising from these General Conditions of Sale to the competent ordinary judge is reserved, whatever the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
14.6 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, the European procedure established for small claims, by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
Art. 15. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints, by contacting the Seller in the following ways:
by email, at the following link: https://erboristerialettignatur.com/contatti/
Telephone, at the following number: +390432481514.
The Seller will respond to complaints submitted within 3 days of receipt of the same.