Italian Sprout Online’s Terms and conditon
Users who use the services offered by Italian Sprout Online declare that they know and accept these general conditions of contact.
Italian Sprout online’s Informations
It is an e-commerce site for organic sprouting seeds and microgreens seeds, owned by the company Italian Sprout Srl.
Content providede by User
Users release the Data Controller from any liability in connection with the unlawful dissemination of third-party content or the use of Italian Sprout online, in ways contrary to the law. Users are responsible for their own and third-part content that they share in the appropriate sections of this site, by uploading them, inserting content or by any other means. Users release the Proprietor from any responsability in connection with the unlawful dissemination of third-party content or the use of Italian Sprout online, in ways contrary to the law. The Owner doesn’t exercise any type of moderation of the contents published by the User or by third parts, but undertakes to intervene in the face of reports from Users or orders given by public authorities in relation to content judge offensive or illegal.
Rights on content provided by Users
The only rights granted to the Owner in relation to the contents provided by Users are those necessary for the operation and maintenance of Italian Sprout online.
Content provided by third parts
The Owner does not make any preventive moderation on the contents or links provided by third parties shown on Italian Sprout online. The owner is not responsible for such contents and their accessibility.
Each order sent and made by the user constitutes an offer to purchase the products. Orders are subject to the availability and discretionary acceptance of the owener.
To complete online purchase procedure, user has to select the products and do check-out, after carefully checking the information contained in the order summary. The order is made by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.
The order processin receipt doesn’t constitute the acceptance of the order. The conclusion of the contract occurs when the order confirmation is sent by the owner to the email address provided by the user.
The owner reserves the right not to confirm and order, communicating to the user within 5 working days from the insertion of the order, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case the Owner will reimburse the price of the products and, if all the purchased products are not available, the shipping costs incurred by the User.
Users are required to register on Italian Sprout Online providing their personal data and shipping address. Shipping costs are not included and differ depending on the destination. Prices are shown in Euros and include VAT.
Terms of payment
The terms of payment available to the users are described in the relative pages of the site. Italian sprout online uses third-parts tools for processing payments and doesn’t come, in any way, in contact with payment data – such ad those related to the credit card – provided by the user.
For each order made, if the Users have made a specific request, by ticking the appropriate box on the order submission form and have provided the necessary data (valid VAT number or CF) at the time of registration of their Account, the Owner issues invoice of the material sent, by sending it by e-mail to the User in charge of the order. For details given when the invoice is issued, the information provided by the User at the time the order is processed is authoritative. In fact, no change to the invoice will be possible at a later date after the issue of the invoice.
The prices, descriptions and availability of the products displayed are subject to change without notice. The photos inserted are adapted in relation to the visualization tool and for this reason they are merely indicative of the appearance and size of the products, as they may differ partially from the images presented.
Even after sending the Order Confirmation email, in the event of unavailability of some products due to failure by the producers and / or suppliers of the Holder to supply or to other causes that cannot be foreseen at the time the order is concluded, the Owner will reimburse the User for the price of the products ordered and not available.
Execution of the Order
The Order is executed in the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the Order Confirmation is sent.
Deliveries are made during the usual working hours of the couriers in charge, at the address indicated by the User and in the manner specified in the order summary.
Upon delivery of the goods by the courier, the User is required to check that the number of packages actually delivered corresponds to that indicated in the transport document and that the packaging of the packages is intact in all its parts, not damaged, neither compromised by atmospheric events or otherwise altered. Upon delivery, the User is also required to check the packaging specifying any anomalies in the delivery form. If the User finds any obvious damage to the packaging and / or the products contained in it or the mismatch in the number of packages, he must immediately contest them, placing a reserve of written control (specifying the reason for the reserve, eg “punched packaging” , “Crushed packaging”, etc.) on the courier delivery proof or promptly inform the Owner. Once the delivery note has been signed, the Customer will not be able to make any objection to the external characteristics of the delivered item. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported using the contact methods provided by the Data Controller.
In case of non-collection within 5 working days of the material in storage at the courier’s warehouses due to repeated inability to deliver to the address indicated by the User when ordering, the products will be returned to the Owner, who, depending on of the User’s will, will proceed with the reimbursement of the price of the products (but not to the shipping cost), or will make arrangements for the new evasion and the related additional shipping costs. The Owner cannot be held responsible for errors in the delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for damages that may have occurred to the products after delivery to the carrier or for delays in delivery attributable to it. Unless otherwise indicated, Italian Sprout online can process orders only with delivery within the Italian territory. Delivery to the localities of Livigno and Campione d’Italia is not included.
Right of withdrawal
In case of purchase of products or services on Italian Sprout online, the User has the right to withdraw from the contract without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User is obliged to inform the Holder of the decision to withdraw by using the declaration form at the bottom of the document.
Effects of withdrawal
If the User withdraws from this contract, he will be reimbursed for all the payments he has made to the Owner, including delivery costs (except for the additional costs arising from the choice of a type of delivery other than the least expensive type of delivery standard offered) without undue delay and in any case not later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the purchase. If this is not possible, the User may agree on a different method of reimbursement. In any case, the User will not incur any costs as a result of such reimbursement. The reimbursement may be suspended until receipt of the goods or until the wise demonstration by the User of having sent back the goods, if earlier.
The User is requested to return the goods and hand them over to the Owner without undue delay and in any case within 14 days from the day on which the withdrawal from this contract was communicated. The deadline is met if the User sends back the goods before the 14-day period expires. The costs of returning the goods will be borne by the User. The User is only responsible for the decrease in the value of the goods resulting from a handling different from that necessary to establish the nature, characteristics and functioning of the goods.
Limitations on the right of withdrawal on the products
Damaged or used products are not replaced or refunded, even partially. The User must insert a copy of the order confirmation email in the packaging box. The right of withdrawal does not apply: to goods made to measure or clearly personalized or which, by their nature, are liable to deteriorate rapidly (such as fresh food), are sealed and are not suitable to be returned for hygienic reasons or are related to health protection and have been opened after delivery.
In particular, according to the art. 47, paragraph 1, letter l) of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of foodstuffs, beverages or other goods for everyday household use supplied to the User’s domicile, at his place of residence or place of work, by regular distributors.
Withdrawal and termination of User Accounts
Registered Users can deactivate their Accounts, request deletion or stop using the Service at any time, through the Italian Sprout online interface or by contacting the Owner directly.
The Owner, in the event of violation of these Terms, reserves the right to suspend or terminate the User’s Account at any time and without notice.
The Owner reserves the unquestionable right to inhibit access to Italian Sprout online, in full or limited to certain functions, of the Users’ Accounts for which payment irregularities, non-payment, damages of internet image, obscene, vulgar or inappropriate language for comment and review functions, repeated and continuous unsuccessful attempts to order, computer attacks or any other activity, explicit or implicit, that could cause direct or indirect damage to the Owner.
The User undertakes to keep the Data Controller indemnified (as well as any companies controlled by the same or affiliated, its representatives, administrators, agents, licensees, partners and employees) from any obligation or liability, including any legal expenses incurred to defend themselves in court, which may arise in the event of damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the terms of the law or of the terms of these service conditions.
All the trademarks of the Owner, figurative or nominative, and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear on Italian Sprout and companies connected to it, are and remain the property exclusive of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.
Users declare to be adults according to the legislation applicable to them. Minors can use Italian Sprout online only with the assistance of a parent or guardian.
Limitation of Liability
The Owner, within the limits of the applicable law, is liable for damages of a contractual and extra-contractual nature to the Users or third parties only when these constitute an immediate and direct consequence, due to fraud or gross negligence, of the activity of Italian Sprout Srl.
User exonerates and expressly relieves the Application Owner from all liability, to the extent permitted by applicable legislation, in relation to any damages or claims of any kind and / or of its own, including direct, indirect, punitive, incidental damages, special, damage resulting from lost profits, lost revenue, loss of data or replacement costs arising from or otherwise connected with this agreement. The Owner guarantees the correct storage and quality of food products exclusively until the time of delivery to the place indicated by the User; any liability for the poor condition of the products due to improper storage after delivery is excluded.
Changes to these Terms
The Owner reserves the right to make changes to these Terms at any time by giving notice to the User by publishing them in Italian Sprout online.
The User who continues to use Italian Sprout online after the publication of the changes, accepts the new Terms without reserve.
Transfer of the contract
The Data Controller reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations arising from these Terms, provided that the User rights provided for herein are not affected. The User may not assign or transfer his rights or obligations under these Terms in any way without the written authorization of the Owner.
All communications relating to Italian Sprout online must be sent using the contact information indicated.
Should any clause of these Terms prove to be invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain effective.
Applicable law and jurisdiction
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner is located. The exclusive jurisdiction of the consumer is an exception, if the law provides for it.
The natural or legal person who uses the Service.
Terms and Conditions (or Terms)
These general service conditions, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicates the e-mail that the Owner sends upon receipt of the order.
Indicates the email that the Owner sends at the time the products are sent to confirm the shipment of all or part of the products purchased.
Example of withdrawal form
Addressed to the Holder [with the complete header]:
With this I / we (*) notify the withdrawal from my / * our sales contract of the following goods / services: (*), Ordered the (*) / received the (*), Name of the consumer (s), Address of the consumer (s), Date.