Article 1 - Object
- The following General Sale Conditions refer to the purchase of products and services carried out at a distance through the telematic web on the site www.crespibonsai (.it.com.biz), proprietary Crespi S.r.l., with legal seat in S.S. del Sempione, 37 - 20015 San Lorenzo di Parabiago (MI) - Italy, hereunder named CRESPI BONSAI.
- Said purchases are reserved to Customers as direct users, therefore excluded wholesale dealers, traders, resellers, professional merchants etc. who mean to retail our products to third parties. For this reason, every Customer is allowed to buy no more than ten pieces of the same item, and anyway no more than twenty items for each order. For greater quantities, please contact CRESPI BONSAI at phone number 0039.0331. 491850.
- Every purchase procedure will be ruled by the dispositions provided by Dlgs n. 185/99, and as far as privacy protection is concerned, by Dlgs 30th of June 2003 n. 196.
- CRESPI BONSAI has the faculty to withdraw from any engagement in case of errors or manifest inaccuracies concerning the goods shown in the web site www.crespibonsai (.it.com.biz).
Article 2 - Acceptance of the General Sale Conditions
- Just by sending in the telematic purchase order, the Customer unconditionally accepts and engages himself to conform his relationship with CRESPI BONSAI to the general and payment conditions stated hereunder. The Customer also declares having looked over and accepted all the indications given to him according to the abovementioned rules; the Customer is besides aware that CRESPI BONSAI is not engaged to different conditions, excepted those possibly agreed upon in writing in advance.
Article 3 - Customer’s Engagements
- Before confirming his purchase, the Customer visiting the site www.crespibonsai (.it.com.biz) must accurately examine on-line the hereby stated General Sale Conditions. Sending in an order confirmation therefore implies the complete knowledge of said rules (General Sale Conditions) and their whole acceptance.
- The Customer undertakes and engages himself, once the on-line purchase procedure is completed, to print and preserve these General Sale Conditions, already examined and accepted during the purchase procedure, in order to thoroughly respect the rule stated by articles 3 and 4 of Dlgs n.185/1999.
Article 4 - Purchasing Conditions
- www.crespibonsai (.it.com.biz) is a web site for the sale of CRESPI BONSAI products.
- The purchase of available products as shown and described on-line in the relevant technical and descriptive pages, is placed by the Customer at the therein indicated price, which must be confirmed when sending in the order, plus the hereunder stated transport charges according to article 6, point 5 and 6, and anyway shown at the time of purchase. The prices of the products are indicated in Euro and include VAT.
- Purchase prices stated in the site could be modified by CRESPI BONSAI in any moment and without previous notice.
- The newly published product prices cancel and substitute the previously in force ones, and are subject to the effective product availability.
- The distinctive features concerning the products published by CRESPI BONSAI are those supplied by the respective producers. CRESPI BONSAI does not assume any responsibility as to the truthfulness and completeness of such information.
- The product images are only indicative and not binding, especially with regard to the plants.
- Before any order confirmation, the Customer will be given the final unit price of every chosen item, as well as the total price in case he buys different items, and the transport price.
- 48 hours after sending the telematic order, as completion of the procedure, the Customer will receive an e-mail message containing:
- order number;
- description/price code of the purchased item;
- order date;
- total amount of the order.
- In case of payment by bank transfer, besides the abovementioned information, the Customer will receive the bank essential data in order to proceed to the payment.
- Every order sent in to CRESPI BONSAI constitutes a contractual proposal by the Customer and is therefore binding for CRESPI BONSAI only whether the Company confirms its acceptance. The execution of the order by CRESPI BONSAI is equivalent to a confirmation and acceptance of the same.
- All purchase orders sent in to CRESPI BONSAI must be completed in every part. CRESPI BONSAI reserves the right to refuse incomplete or wrongly filled in orders.
- In case CRESPI BONSAI does not carry out the order owing to unavailability of the items ordered by the Customer, CRESPI BONSAI will inform him as soon as possible and reimburse him the amounts possibly already paid for the non-executed supply. In this case the Customer cannot expect any compensation or indemnity whatsoever.
- The fiscal documentation relevant to the ordered items will be issued by CRESPI BONSAI when the same will be sent to the Customer.
- Possible special offers promoted by CRESPI BONSAI are valid until expiry date or sell-out, and are anyhow subject to the effective availability by CRESPI BONSAI of the relevant items.
Article 5 - Payments
1. The payment of the purchased items plus the relevant forwarding charges must be made by the Customer in one of the following ways:
a) on-line, by credit cards VISA, MASTERCARD, DINERS: on order, by gateway payment to the accredited bank;
a1) off-line, by credit cards VISA, MASTERCARD, DINERS: the card number must be sent by fax to the number 0039.0331.559410 within 3 working days;
b) by bank transfer, to be made within 3 working days from the order confirmation. Expired this term, the order will be considered cancelled.
2. The payment with credit cards off-line is subject to the understated conditions:
a) the credit card number must be indicated on the proper form, to be printed after sending in the order;
b) the form must be filled in and sent by fax within 3 working days from the order confirmation. Expired this term, the order will be considered cancelled;
c) it is absolutely necessary to give a number of a home-telephone number;
d) the order must be registered under the name of the credit card holder himself;
e) the products will be delivered to the address registered on the order;
f) on the forwarding notes, information concerning deliveries to different addresses will not be taken into consideration.
3. CRESPI BONSAI is not responsible for the possible fraudulent and illegal use of credit cards by third parties when paying the purchased items.
4. The bank transfer payment is subject to the following conditions:
a) the bank transfer must be made within 3 working days from the order confirmation. Expired this term, the order will be considered cancelled;
b) the reason for payment to be stated on the transfer must indicate:
- order number;
- order date;
- Customer’s name and family name.
Article 6 - Goods forwarding and delivery
- The purchased items will be delivered by CRESPI BONSAI by carrier to the address indicated by the Customer.
- Every delivery is accompanied by an envelope inside containing the following documents:
- withdrawal form;
- extended guarantee (if granted).
- Should it be for any reason required, one of the abovementioned documents will be sent again within 3 days from the request.
- Forwarding expenses are at Customer’s charge and can vary according to the carrier, the weight of the ordered goods and the order amount.
- The delivery terms stated by CRESPI BONSAI refer to items available on hand and, even if accurately calculated, they are not binding for CRESPI BONSAI.
- Deliveries of the goods will take place all working days.
- CRESPI BONSAI has the right to supply the goods (even if concerning one single order) in different deliveries, excluding any responsibility for CRESPI BONSAI; in such case the Customer will be charged only once for the forwarding expenses.
- Particular conditions and delivery terms should be agreed upon by both Customer and CRESPI BONSAI in advance and then accepted in writing by CRESPI BONSAI.
- In case the addressee is absent from the place where delivery is due, CRESPI BONSAI will not be responsible for damages and further expenses owing to the delayed delivery.
- Approximately, with no engagement whatsoever by CRESPI BONSAI, depending on goods availability on the market and excluding causes beyond control, the products will be delivered to the forwarder with the following schedule:
a) in case of credit card payment and when every indicated compulsory condition is respected, CRESPI BONSAI will deliver to the carrier within 48 hours from receipt of a fax indicating the credit card essential data, or from the gateway payment made on-line;
b) if the payment is made by bank transfer the goods will be given to the carrier within 48 hours from the receipt of the credit.
- The goods will be delivered during the following working days according to the schedule shown in the section Forwarding Charges and Procedure.
- In case of circumstances beyond one’s control or fortuitous cause, CRESPI BONSAI is not responsible to the Customer for the delayed or non carried out delivery, and has the faculty to suspend or postpone the execution of the contract.
- The forwarded items are contained in cardboard boxes of different dimensions, sealed with personalized CRESPI BONSAI adhesive band in both top and bottom parts.
- When receiving the goods, the Customer must check that the delivered items comply with the confirmed order, and especially:
a) that the quantity of the parcels indicated on the forwarding bill corresponds to the actually delivered parcel quantity;
b) that the parcel be complete, not damaged nor wet, and anyway in conformity with the abovementioned standard features of a CRESPI BONSAI parcel.
- Only after such a check should the Customer sign the delivery note, after that he will not be in a position to raise any objections about the exterior features of the delivered goods relevant to his order. On the contrary, in case the delivered goods do not correspond to the order according to the above rules, the Customer must not accept the parcel and must raise the objection directly to the carrier.
Art. 7 - Warranties
- CRESPI BONSAI solely guarantees the material integrity of the goods at the moment of delivery. Possible defects must be declared by the Customer within 10 (ten) working days from the delivery date and not later, under pain of losing his right. The Customer has the right to the mere replacement of the damaged items against return of the same, being excluded the Customer’s right to a refund of damages whatsoever, not even subsequently. Forwarding expenses for the replacement of goods are at CRESPI BONSAI charge.
- The items purchased through CRESPI BONSAI are protected by the producer’s warranty. Such warranty will solely apply to problems evidenced during the normal use of the product, that is in compliance with its destination and according to what indicated in the possible technical documentation, in conformity with the different operating instructions there indicated. Not withstanding what stated by the above art. 7.1, CRESPI BONSAI does not lay down any further warranty than that given by the single producers.
- Said warranty will not apply in case of negligence or carelessness in the use and maintenance of the product. The warranty is personal and reserved to direct Customers (excluded wholesale dealers, resellers, etc.) and will therefore only apply to the original purchaser.
- Excluded cases of fraudulent intention or grievous guiltiness of CRESPI BONSAI, it is hereby agreed that, should a whatsoever responsibility of CRESPI BONSAI towards the Customer be evidenced (included the partial or total non-fulfillment of the obligations undertaken by CRESPI BONSAI concerning the order execution), the responsibility of CRESPI BONSAI could not exceed the price of the products purchased by the Customer for which the objection has risen.
- In any case CRESPI BONSAI recognizes the Consumer’s claims according to Dlgs n. 24/2002.
Art. 8 - Cancelling and Withdrawal Rights
- The Customer has the right to cancel his order within 24 hours from the confirmation, accordingly informing CRESPI BONSAI in writing by e-mail. Should the Customer not proceed in conformity with the abovementioned terms and forms, the contract is to be considered confirmed. In case the Customer has already been charged with the order’s amount, CRESPI BONSAI will credit him again within 72 hours from the order cancellation.
- In respect of Dlgs 22nd of May 1999, n. 185, and within its limits, the Customer has the right to withdraw within 10 (ten) working days from the receipt of the ordered goods.
- Such right applies to any item shown on the CRESPI BONSAI site, though peremptorily excluded under rule of clause 3.c) of art. 5 of Dlgs 185/99 items such “plants - bonsai”, which are for their own nature subject to quick deterioration and perishing; are as well excluded audiovisual or software sealed products that the Customer has unpacked. Nevertheless, in case of claims the Customer should contact CRESPI BONSAI, who will be at disposal for any query.
- According to the same Dlgs 185/99, it is provided that the withdrawal right is exclusively reserved to Customers so called “users”, that is to say only to physical persons buying goods for their own use, and acting for purposes not related to the professional job they possibly practise. Wholesale dealers, resellers, etc. will therefore be excluded.
- Should the Customer exercise his right of withdrawal, he will return the goods at his expenses within 10 working days (witness be the date of postmark on the parcel). The goods must be complete and not used, in their original packing or in another packaging with the same features.
- CRESPI BONSAI will refuse any returned goods if not in compliance with the hereunder stated rules, that is to say in the following cases:
- if the goods are not packed in the original packaging;
- if the Customer has not wholly paid the forwarding expenses: goods returned on cash-on-delivery basis will therefore not be accepted;
- if rules and terms provided by law (art.5 Dlgs 185/99) concerning the communication of the withdrawal assertion have not been respected;
- if the items are not complete with all the accessories, instruction manual and anything originally delivered with the goods;
- if the goods are not accompanied by the relevant return authorization number (NAR).
Parcels without a whole fiscal documentation will not be accepted.
- CRESPI BONSAI guarantees the replacement of any item which should turn out defective, damaged or erroneously sent by mistake of the dispatch clerks. The Customer could return the goods by carrier, specifying the reasons of the return and replacement request. The faculty to return the goods will expire the tenth working days after the goods receipt.
- In case of erroneous dispatching or defective product, the forwarding expenses for returning the goods and deliver it again will both be at CRESPI BONSAI’s charge. On receipt of the defective goods, after checking the claimed defect, CRESPI BONSAI will send the goods in replacement.
- Replacement or refund for erroneous delivery will be accepted ONLY at a condition that the returned goods are in a complete and sealed parcel, or only if the parcel has not yet been opened and/or the goods used.
- The Customer’s right to return the goods is exercisable only complying with the hereunder indicated procedure for the Withdrawal Right.
Article 9 - Rules for the exercise of the Withdrawal Right
- Under rule of D.L. May 1999 n.185, the Customer can exercise his right to withdraw from the purchase contract by sending a written statement by registered letter with return receipt within the term of 10 (ten) working days, thereby expliciting his will to withdraw from the already confirmed order. Said statement must be addressed to Crespi S.r.l. S.S. del Sempione, 37 - 20015 S. Lorenzo di Parabiago (MI) - Italy - and must specify the following:
a) code and date of order;
b) item or items’ code, in case of partial return;
c) whether a replacement of the goods with others of identical price, or whether a reimbursement of the paid amount is required. In this second case the essential data for the reimbursement must be indicated.
- CRESPI BONSAI will send an e-mail to the Customer indicating the return authorization number (NAR) to affix on the goods, in order to facilitate the operations for the reprise en charge.
- In order to receive the return authorization number (NAR) as soon as possible and so speed up the procedure, the withdrawal communication relevant to art. 9.1 can also be sent by fax, e-mail or phone, within the same abovementioned term, on condition that it is confirmed by registered letter with return receipt within the next 2 working days.
- After obtaining the return authorization number (NAR), the Customer must accurately pack the goods in their original packaging, accurately close it again in order to protect the original wrappings from any damage and then accurately seal the parcel applying in a visible position a clear sticker indicating the address and the return authorization number (NAR).
- The Customer must forward back the goods by carrier to the following address: Crespi S.r.l. - S.S. del Sempione, 37 - 20015 Parabiago (MI) - Italy, within 10 (ten) working days from its receipt.
- If the above procedure will be correctly followed, in case of withdrawal CRESPI BONSAI will proceed to credit the Customer with the paid amount, excluded the re-forwarding expenses (see art.5, comma 6, Dlgs n. 185 dated 22nd of May 1999) as soon as possible and anyway not later than 30 days from receipt of the withdrawal statement. In case of goods restitution, the crediting order will include the re-forwarding expenses.
Article 10 - Privacy
- According to art. 23 Dlgs 30th of June 2003 n.196, the Customer expressly authorizes Crespi S.r.l. - S.S. del Sempione, 37 - 20015 S. Lorenzo di Parabiago (MI) - Italy, to collect, use, communicate and/or spread his personal data as stated when filling all the on-line forms necessary to complete his purchases, included the data possibly indicated on the withdrawal form, for purposes strictly concerning and connected with the management of the relationship with the Customer (i.e. Company statistics, satisfaction feed-back, collection of preliminary information aimed to stipulate a contract or carry out a service, etc.) as well as for purposes due to law obligations.
- Under rule and in respect to art. 24 of the Dlgs 30th of June 2003 n. 196, CRESPI BONSAI informs that personal data given by their Customers when signing the purchase order and/or drawing up the invoice do not require the Customer’s authorization: in fact, these data are collected and preserved uniquely to comply with fiscal/tributary obligations due to rules, laws and European Union regulations and, in any case, solely to allow the correct execution of obligations towards the Customer risen by the purchase contract and/or to acquire contractual information, always and uniquely on Customer’s request.
- When recording his name in the database of CRESPI BONSAI, the web user will be asked to choose an UserID (e-mail) and a Password, which we advise to accurately preserve. UserID and Password are strictly personal and will enable you to speed up all your operations in the site www.crespibonsai (.it.com.biz).
- The customer declares to be aware that, having expressly so authorized when logging in, his data will be inserted in the “CRESPI BONSAI Customers Database” and could be utilized for promotion purposes or to send editorial leaflets (marketing and publicity, statistical analysis for marketing purposes, surveys on satisfaction level, invitations to information or promotional events and so on).
- Data treatment for the abovementioned purposes will be carried out by either automatic or non-automatic means, but always in respect to privacy and security principles according to the law. Particular care is taken to guarantee security and protection of the collected data with any prevention and protection means, i.e. both physical and logical protection. Internal rules and accurate checks will be carried out to constantly maintain and, wherever possible, enhance the current security levels.
- The interested party is granted the rights provided by art. 7 of the Dlgs 30th of June 2003 n. 196. Particularly, the costumer can state if he does not want any more information; he can require to be informed about the existence of data concerning him; he can ask the name of the person responsible for data treatment; he can require confirmation of the existence of data concerning him and ask CRESPI BONSAI to cancel, update, rectify or complete them, or he could declare himself in the whole or partially against the treatment of his data.
He could in any moment and free of charge exercise the rights granted by art. 7 of the Dlgs 30th of June 2003 n. 196, addressing his request to: Crespi S.r.l. - S.S. del Sempione, 37 - 20015 S. Lorenzo di Parabiago (MI) - Italy.
Article 11 - Information and claims
- For any possible query or claim, CRESPI BONSAI could be reached at phone number 0039.0331.491850 or at e-mail address: firstname.lastname@example.org.
Article 12 - Place of Lawful Jurisdiction
- The present contract will be ruled by the Italian law. For any objection concerning the validity, interpretation or execution of the same contract, the territorial competent is the Court in Milan - Italy. On the contrary, litigations which could raise with the Customer will be competence of the judge in the residence place or domicile of the User himself, except. Anyway, should they be situated outside the territory of the European Union, for such objections the sole competent will be the Court in Milan - Italy.
- Under rule and effect of articles 1341 and 1342 of the Civil Code, the Customer hereby declares to have carefully read and understood the clauses indicated in the General Sale Conditions, and hereby specifically accepts the following: 4.2, 4.3, 4.4, 4.5, 4.6, 4.11, 4.12, 4.13, 4.14, 5.1, 6.4, 6.5,6.6, 6.8, 6.9, 6.10, 6.11, 6.13, 6.15, 7.1, 7.2, 7.3, 7.4, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, 8.9, 12.1.
legal seat: S.S. del Sempione, 37
20015 S. Lorenzo di Parabiago (MI) - Italy
CCIAA: MILANO 1302357 1989
Tax identification number: IT09590120151