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There are no more items in your cart TERMS AND CONDITIONS OF USE
Article 1 - Object
1. These General Conditions apply to the purchase of products and services, made remotely via the Internet on the website www.crespibonsai.com, owned by Crespi Srl, Tax Code 09590120151, VAT No. 09590120151, Economic and Administrative Index (REA) Milan 1302357, with registered office at Strada statale del Sempione, 37 - 20015 Parabiago (MI), hereinafter referred to as CRESPI BONSAI.
2. These purchases are reserved for direct end-user Customers, excluding merchants, wholesalers, retailers, professionals, etc. who intend to resell the related products to third parties. Consequently, each Customer may purchase no more than 10 pieces of the same product and, in any case, no more than 20 products per order. For larger quantities, please contact CRESPI BONSAI by phone at 0331 491850.
3. All purchases will be governed by the provisions of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, and, with regard to privacy protection, will be subject to the provisions of Legislative Decree no. 196 of 30/06/2003.
4. Crespi S.r.l. has the right to withdraw from any commitment in the event of obvious errors or inaccuracies regarding the goods appearing on the website www.crespibonsai.com.
Article 2 - Acceptance of the General Conditions of Sale
1. By submitting a purchase order electronically, the Customer unconditionally accepts and undertakes to comply with the general terms and conditions of payment set forth below in their dealings with Crespi S.r.l., hereinafter referred to as CRESPI BONSAI. They declare that they have read and accepted all the information provided pursuant to the aforementioned regulations. They also acknowledge that CRESPI BONSAI itself is not bound by any other terms unless previously agreed to in writing.
Article 3 - Customer Obligations
1. These General Terms and Conditions of Sale must be reviewed online by Customers visiting the website www.crespibonsai.com before confirming their purchases. Therefore, submitting an order confirmation implies full knowledge of these General Terms and Conditions of Sale and their full acceptance.
2. The Customer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already viewed and accepted during the purchase process.
Article 4 - Purchasing Procedures
1. www.crespibonsai.com is an online sales website for CRESPI BONSAI products.
2. The products, available as illustrated and described online in the relevant descriptive and technical data sheets, are purchased by the Customer at the price indicated therein, to be confirmed when placing the order, plus shipping costs as specified in Article 6 - points 5 and 6 below - and in any case displayed at the time of purchase. Product prices are shown in euros and include VAT.
3. CRESPI BONSAI may change the prices listed on the website at any time and without notice.
4. Product prices published from time to time cancel and replace previous prices and are subject to actual product availability.
5. The product specifications published by CRESPI BONSAI are those communicated by the respective manufacturers. CRESPI BONSAI assumes no responsibility for the accuracy and completeness of this information.
6. Product images are indicative and non-binding, especially for plants. Only when "unique piece" or "1" is specified is the image of the plant that will be shipped.
7. Before confirming the order, the Customer will be shown a summary of the unit cost of each selected product, the total cost in the case of purchasing multiple products, and shipping costs.
8. Following electronic submission of the order, upon completion of the procedure, the Customer will receive an email within 48 hours containing:
a) the order number;
b) code-description-price of the purchased product;
c) the order date;
d) the total amount of the order.
9. In case of payment by bank transfer, in addition to the above information, the Customer will receive the bank details with which to make the payment.
10. In case of payment by postal order, in addition to the above information, the Customer will receive the postal details to make the payment.
11. Each order sent to CRESPI BONSAI constitutes a contractual proposal from the Customer and, therefore, is binding on CRESPI BONSAI only if confirmed for acceptance by the latter. Processing of the order by CRESPI BONSAI is equivalent to confirmation and acceptance of the same.
12. All purchase orders sent to CRESPI BONSAI must be complete in every part. CRESPI BONSAI reserves the right not to accept incomplete or incorrectly completed orders.
13. In the event of non-fulfilment of the order by CRESPI BONSAI, if this is due to the unavailability of the products ordered by the Customer, CRESPI BONSAI will inform the Customer as soon as possible, refunding any sums already paid for the unfulfilled supply. In this case, the Customer is not entitled to any compensation or reimbursement of any kind.
14. The tax documentation relating to the products ordered will be issued by CRESPI BONSAI upon shipment of the products to the Customer.
15. Any special offers promoted by CRESPI BONSAI are valid until their expiration or until stocks last and are, in any case, subject to the actual availability of the relevant products by CRESPI BONSAI.
Article 5 - Payments
1. Payment for purchased products and related shipping costs must be made by the Customer using one of the following methods:
a) directly online by credit card;
b) by bank transfer;
c) by postal order;
d) by cash on delivery.
2. Payment by credit card online (via PayPal, whether or not you have a PayPal account) is subject to the following conditions:
a) it is essential to provide a landline telephone number;
b) the order holder must be the credit card holder;
c) in the case of deferred payment, to be made using the appropriate link in the order confirmation email, the payment must be made within 3 working days of placing the order, after which the order will be considered void.
3. CRESPI BONSAI is not responsible for any fraudulent or illicit use of credit cards that may be made by third parties when paying for the products purchased.
4. Payment by bank transfer is subject to the following conditions: a) the bank transfer must be made within 3 working days of placing the order, after which the order will be considered void;
b) the reason for the bank transfer must indicate:
- the order number;
- the order date;
- the name and surname of the person placing the order;
c) the bank transfer must be made to: Crespi S.r.l. - Strada statale del Sempione, 37 - 20015 Parabiago (Milan), specifying the information requested in point b of this paragraph; the bank details for making the transfer will be provided on the order confirmation form you will receive by email.
5. Payment by postal current account slip is subject to the following conditions:
a) the payment must be made within 3 working days of placing the order, after which the order will be considered void;
b) the reason for payment on the payment slip must indicate:
- the order number;
- the order date;
- the name and surname of the person placing the order;
c) the payment to the postal current account must be made to: Crespi S.r.l. - Strada Statale del Sempione, 37 – 20015 Parabiago (MI), specifying the requirements in point b of this paragraph; the postal current account number will be communicated to you on the order confirmation form that you will receive by email;
6. Cash on delivery is subject to the following conditions:
a) the products will be shipped to the order holder's address;
b) payment must be made in cash upon receipt of the goods directly to the courier;
c) it is not possible to pay with bank checks or cashier's checks, nor with credit cards; the only accepted currency is the Euro;
d) the courier does not accept change.
Article 6 - Transport et livraison des produits
1. The purchased products will be delivered by CRESPI BONSAI via post or courier to the address indicated by the Customer, exclusively within Italy.
2. Each shipment is accompanied by an envelope containing the following documentation:
a) invoice;
b) return/withdrawal form;
c) extended warranty (if applicable).
3. Returns of any of the above documents, for any reason, will be processed within 3 days of the request.
4. Shipping costs are the responsibility of the Customer and may vary depending on the carrier, the weight of the items ordered, and the order amount.
5. For cash on delivery payments, the shipping cost will be increased by an amount that varies depending on the carrier, the weight, and the order amount.
6. The delivery terms indicated by CRESPI BONSAI refer to products in stock and, although carefully evaluated, must be considered non-binding for CRESPI BONSAI.
7. Product deliveries will take place on all working days.
8. CRESPI BONSAI has the right to deliver the Products (even relating to the same order) in multiple successive deliveries, without this entailing any liability for CRESPI BONSAI; in this case, only one shipping cost will be charged to the Customer.
9. Special delivery terms and conditions must be agreed upon in advance between the Customer and CRESPI BONSAI and accepted in writing by CRESPI BONSAI.
10. In the event of the recipient's absence from the designated delivery location, CRESPI BONSAI will not be liable for damages and additional costs resulting from delays in delivery.
11. As a guideline, without this implying any obligation for CRESPI BONSAI and subject to product availability on the market or any causes of force majeure, the goods will be delivered to the carrier within the following timeframe: a) in the case of payment by credit card and if all the mandatory conditions are met, CRESPI BONSAI will entrust delivery to the courier within 48 hours of receiving the fax with the credit card details; b) if you decide to pay by bank transfer or postal account, the shipment will be entrusted to the courier within 48 hours of receiving the credit; c) in the case of payment by cash on delivery, CRESPI BONSAI will entrust delivery to the courier within 48 hours of order confirmation.
12. The products will be delivered within the next 2 working days, except for islands and disadvantaged areas, for which 3 working days are expected, if shipping is by courier.
13. In the event of force majeure or unforeseeable circumstances, CRESPI BONSAI is not liable to the Customer for any delay or failure to deliver and has the right to suspend or postpone the execution of the contract.
14. The products shipped are contained in cardboard boxes of various sizes, sealed at the top and bottom with personalized CRESPI BONSAI adhesive tape.
15. The Customer is required to verify upon receipt that the product delivered conforms to the order placed, as follows: a) the number of packages (number of parcels) indicated on the carrier's delivery note corresponds to the number of packages actually delivered; b) the package is intact, not damaged, nor wet and in any case conforms to the standard characteristics (described above) of a CRESPI BONSAI package.
16. Only after this verification must the Customer sign the delivery note, after which he/she will not be able to make any complaint regarding the external characteristics of the goods delivered in relation to the order placed; However, if there is a discrepancy between the order and the delivery, according to the above-mentioned rules, the Customer must not accept the goods and raise the dispute directly with the carrier.
Article 7 - Warranties
1. CRESPI BONSAI guarantees only the material integrity of the products at the time of delivery. Any defects must be reported by the Customer, under penalty of forfeiture, within 2 months of the delivery date in accordance with the terms of the legal guarantee pursuant to Legislative Decree 206/2005, except for "Plants (Bonsai)" products, which by their nature are perishable goods and for which complaints may be submitted within 2 days of the delivery date. The Customer is only entitled to the replacement of damaged products upon return of the same, excluding the Customer's right to compensation for any damages, including further damages. The shipping costs required for product replacements are borne by CRESPI BONSAI.
2. Products purchased through CRESPI BONSAI are protected by the manufacturer's warranty. This warranty will apply exclusively to problems that arise during normal use of the product, i.e., in compliance with its intended purpose and as provided in any technical documentation, with observance of the various operating instructions indicated therein, without prejudice to the provisions of the previous article 7.1.
3. The aforementioned warranty will not apply in the event of negligence or carelessness in the use and maintenance of the product. The warranty is personal and therefore applies only to the original purchaser, being reserved for direct customers and not to traders, resellers, etc.
4. Without prejudice to the cases of willful misconduct or gross negligence on the part of CRESPI BONSAI, it is hereby agreed that, should CRESPI BONSAI be found liable for any reason towards the Customer - including in the case of total or partial non-fulfilment of the obligations assumed by CRESPI BONSAI towards the Customer as a result of the execution of an order - CRESPI BONSAI's liability may not exceed the price of the products purchased by the Customer and for which the dispute has arisen.
Article 8 - Right of Cancellation and Withdrawal
1. The Customer has the right to cancel the order placed within 24 hours by giving written notice via email to CRESPI BONSAI. If the Customer fails to act within the timeframe and in the manner specified, the contract is deemed terminated. If the Customer has already been charged for the order, CRESPI BONSAI will arrange for the refund within 72 hours of the order cancellation.
2. Pursuant to and within the limits of Legislative Decree No. 21 of February 2014, the Customer has the right to exercise the right of withdrawal within 14 (fourteen) calendar days of receiving the ordered goods.
3. This right applies to all products on the CRESPI BONSAI website, with the strict exclusion of the "Plants (Bonsai)" products pursuant to paragraph 3.c) of art. 5 of Legislative Decree 185/99 as it concerns the supply of goods which, by their nature, are liable to deteriorate or expire rapidly, and audiovisual products or software sealed and opened by the consumer. Nonetheless, in the event of complaints, please contact CRESPI BONSAI, who will be available to provide any clarification deemed appropriate.
4. In the case of "Plants (Bonsai)" products which, by their nature, are perishable goods, or audiovisual products or software sealed and opened by the consumer, the withdrawal period is 2 calendar days from the delivery date.
5. Also pursuant to the aforementioned Legislative Decree 21/2014, it is specified that the right of withdrawal is exclusively reserved for customers who can be defined as "consumers", i.e. only natural persons who purchase the products for their own use and act for purposes not related to any professional activity they may carry out, excluding therefore traders, retailers, professionals, etc.
6. If the right of withdrawal is exercised, the Customer must return the goods intact and unused, in their original packaging or with the same characteristics, at their own expense, within 14 calendar days (the date of the return postmark will be considered valid) from the date of withdrawal.
7. CRESPI BONSAI will reject any product returned unpackaged or in any case in a manner other than that specified below, as well as products for which the return costs have not already been paid in full by the Customer; or if the methods and timeframes set out in art. 57 of Legislative Decree 21/2014 for communicating the exercise of the right of withdrawal have not been respected; or if the product has not been packaged in its original packaging, or is not complete with all accessories, instruction manuals, and everything originally contained; therefore, under no circumstances will packages sent cash on delivery be accepted, nor will packages without the NAR be accepted. The goods in question must be accompanied by the relevant tax documents.
8. CRESPI BONSAI guarantees the replacement of any item found to be defective, damaged, or shipped in error, at the sole discretion of its employees. The Customer may return the goods by mail, specifying the reasons for the return and the request for replacement. Return postage will be refunded at the current rates applied by the Italian Post Office. The deadline for returning the goods is the fourteenth working day following receipt of the goods.
9. In the event of incorrect shipment or damaged product, both the shipping costs for the return of the goods and for the new delivery will be borne by CRESPI BONSAI. Upon receipt of the goods, and having verified the existence of the complaint, CRESPI BONSAI will arrange for the shipment of replacement goods.
10. Product replacement or refunds due to incorrect shipment will be accepted ONLY if the returned product is in its original, sealed packaging, i.e., unopened and/or unused.
11. To exercise the return, you must follow the procedure for exercising the Right of Withdrawal.
Article 9 - Procedures for Exercising the Right of Withdrawal
1. Pursuant to Legislative Decree 21/2014, the Customer may exercise the right to withdraw from the purchase contract by sending written notification by registered letter with return receipt within 14 (fourteen) calendar days of the delivery date, expressing their desire to withdraw from the contract. The aforementioned notification must be addressed to: Crespi S.r.l. - Strada Statale del Sempione, 37 - 20015 Parabiago (MI), specifying:
a) the order code and date;
b) in the case of partial withdrawal, the code of the item(s);
c) whether the Customer wishes to replace the product with one of similar value or a refund of the amount paid; in the latter case, the refund details must be provided.
2. CRESPI BONSAI will communicate the Return Authorization Number (RAN) to the Customer via email, so that it can be affixed to the goods to facilitate the return process.
3. To receive the Return Authorization Number (RAN) as soon as possible and expedite the procedure, the communication can also be made within the same timeframe by fax or telephone, provided that it is confirmed by email to store@crespibonsai.com within the following 2 working days.
4. After obtaining the Return Authorization Number (RAN), the Customer must carefully package the materials in their original packaging, reseal it well so as to protect the original product packaging from any damage, carefully seal the package, and apply a label with the address and the Return Authorization Number (RAN) in a clearly and visible position.
5. The Customer must return everything:
- within 14 (fourteen) calendar days of receiving the goods (not plants) by mail with "Ordinary Postal Parcel" to the following address: Crespi S.r.l. – Strada Statale del Sempione, 37 – 20015 Parabiago (Milan).
- within 2 (two) calendar days of receiving the plant by "Express Courier" to the following address: Crespi S.r.l. – Strada Statale del Sempione, 37 – 20015 Parabiago (Milan)
6. If the above procedure is carried out correctly, CRESPI BONSAI will credit the Customer for the amount paid as soon as possible and in any case within 30 days of receiving the notice of withdrawal, excluding return shipping costs, in the case of withdrawal. In the case of a return, the re-credit order will include return shipping costs.
Article 10 - Privacy
1. The Customer expressly consents, pursuant to Article 23 of Legislative Decree No. 196 of June 30, 2003, to Crespi S.r.l. - Strada Statale del Sempione, 37 – 20015 Parabiago (MI), to the collection, use, communication, and/or dissemination of their personal data, as provided when completing all online forms required to complete their purchases, including any information indicated in the Return/Withdrawal form, for purposes strictly related and instrumental to managing relationships with the customer (internal statistics, customer feedback, preliminary acquisition of information aimed at concluding a contract or providing a service, etc.) and for purposes related to the obligations established by applicable laws.
2. CRESPI BONSAI, pursuant to and for the purposes of Article 24 of Legislative Decree No. 196 of June 30, 2003, hereby provides the following information: 196, informs its users that the personal data provided by them when signing the purchase order and/or completing the invoice are excluded from the interested party's consent because they are collected and retained solely on the basis of fiscal/tax obligations established by law, regulations, and EU legislation and, in any case, for the sole purpose of allowing the exact fulfillment of the obligations arising from the purchase contract to which the interested party is party and/or for the acquisition of the necessary contractual information, always and exclusively activated at the request of the latter.
3. When registering the customer's name in the CRESPI BONSAI database, personal data will be requested and a User ID and password will be assigned, which we recommend keeping safe. The User ID and password are strictly personal and will be used to speed up all operations within the website www.crespibonsai.com.
4. The Customer acknowledges that, if expressly permitted during registration, the data provided will be entered into the "CRESPI BONSAI Customer Database" and may be used for promotional purposes or to send editorial material (marketing and advertising, statistical analysis for marketing purposes, customer satisfaction surveys, invitations to informational or promotional events, etc.).
5. Data processing for the aforementioned purposes will take place using both automated and non-automated methods, but always in compliance with the confidentiality and security rules established by law. Particular attention is paid to ensuring the security and protection of the collected data by adopting all prevention and protection measures, both in terms of physical and logical protection. Internal rules and specific controls will be established to constantly maintain and, where possible, improve the acquired security levels.
6. The interested party expressly enjoys the rights set forth in art. 7 of Legislative Decree 30/06/2003 n. 196, in other words: to request confirmation of the existence of your personal data at the CRESPI BONSAI headquarters; to know their origin, the logic behind their processing, and the purposes for which they are processed; to obtain updates, corrections, and additions; to request their deletion, transformation into anonymous form, or blocking in the event of unlawful processing; to object to their processing for legitimate reasons or in the event that the data is used for sending advertising material, commercial information, market research, direct sales, and interactive commercial communications. To obtain the deletion of your personal data, you must send a written communication to the company headquarters.
Article 11 - Information and Complaints
1. For any clarification or complaint, CRESPI BONSAI may be contacted by telephone at 0331 491850 or by email at info@crespibonsai.com.
Article 12 - Jurisdiction and Competent Court
1. This contract shall be governed by Italian law. Any dispute concerning the validity, interpretation, or performance of this contract shall be subject to the exclusive jurisdiction of the Court of Busto Arsizio, except for disputes arising with the Consumer, which shall be subject to the jurisdiction of the court of the Consumer's place of residence or domicile if located in Italy (Article 66 bis of Legislative Decree 21/2014). However, if the Consumer's place of residence or domicile is located outside the European Union, the aforementioned disputes shall be subject to exclusive jurisdiction of the Court of Busto Arsizio.
2. Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and to specifically accept the clauses of the General Conditions of Sale set out in points: 4.2, 4.3, 4.4, 4.5, 4.6, 4.11, 4.12, 4.13, 4.14, 4.15, 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, 8.10, 12.1.