General conditions of sale
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Identification of the Seller The goods covered by these general conditions are offered for sale on the websitehttps://greenvibes.store/ by Green Vibes Srl with headquarters in Milan in Foro Buonaparte, 59, VAT number IT11848150964, PEC: greenvibessrl@legalmail.it (hereinafter also the "Seller").
- Definitions
- "Online sales contract": the distance contract stipulated between a Seller and a final consumer Buyer, through a sales system organised by the Seller, which uses the distance communication technology called the Internet;
- "Seller": Green Vibes Srl, party to this contract, which manages the Site, selling directly to users (Buyers) the products indicated in the following point;
- "Products": the movable goods and/or services present in the electronic catalogues of the Site;
- "Perishable products": movable goods present in the site's catalogues and which can perish rapidly by their nature;
- "Purchaser": the final consumer-customer who is authorised to operate on the Site in order to purchase the products, according to the methods indicated in these general conditions;
- "Consumer": the natural person who purchases goods and services for purposes not directly or indirectly related to any professional activity he may carry out;
- "Parties": the Seller and the Buyer jointly understood;
- "Site": the website corresponding to the addresshttps://greenvibes.store/ through which it is possible to make online purchases;
- “Price”: the selling price of each product.
- Object of the Contract
3.1) These general conditions, which are made available to the Buyer for reproduction and storage pursuant to art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of products, carried out remotely and via telematic network, via the Internet sitehttps://greenvibes.store/ by Green Vibes Srl
3.2) With this contract, respectively, the Seller sells and the Buyer purchases remotely the movable goods and/or services indicated below.
3.3) The goods and/or services covered by this contract are all the products chosen by the Buyer and placed in the virtual cart, following the online purchasing procedures indicated on the site.
3.4) The Seller undertakes to supply all the products indicated below upon payment of a fee as per art. 4 of this contract.
- Acceptance of the Conditions of Sale
4.1) These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will provide notice of this via the pages of the websitehttps://greenvibes.store/ and such updates/modifications and/or integrations will be effective for future purchases.
4.2) All purchase orders will be forwarded by the Buyer to the Seller, after registering on the site and/or by completing the indicated purchase procedure.
4.3) These general conditions of sale must be examined "online" by the Buyer, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their complete acceptance.
4.4) By confirming the Order by clicking on "Complete purchase", the Buyer declares that he has consciously accepted the content and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer, as well as the payment conditions illustrated below, declaring that he has read and accepted all the indications provided by him pursuant to the above-mentioned rules, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.
4.5) Sales transactions are regulated for the consumer by the provisions of the Consumer Code (Legislative Decree 6 September 2005 n. 206 and subsequent amendments), while the protection of privacy is subject to the provisions of GDPR 679/2016 and Legislative Decree 30 June 2003, n. 196, and subsequent amendments and additions. With regard to the contractual conditions applied to commercial users, reference must be made to the new provisions of EU Reg. 2019/1150.
4.6) Acceptance of the conditions of sale must be expressed by accurately filling in all sections of the electronic form, and by selecting and then accepting the boxes with the wording ACCEPTANCE OF CONDITIONS OF SALE and PRIVACY POLICY.
- Purchase Methods and Sales Prices
5.1) The products, prices and conditions of sale on the Site - within the limits of their availability - do not constitute an offer to the public for the consumer; therefore, they must always be considered indicative and subject to express confirmation via e-mail by the Seller, which constitutes acceptance of the purchase order.
5.2) The prices of the products offered for sale on the Site are indicated in Euros and are the prices in force at the time the Order is sent by the Buyer. The Seller may change the sale prices of the products at any time and without notice. Such change will in any case be notified to the Buyer before sending any Order.
5.3) Product prices include VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and destination selected by the Buyer when placing the Order and are displayed in the Order summary before the Buyer requests confirmation of the Order. Please refer to art. 9 of these general conditions of sale.
5.4) The receipt of the order does not bind the Seller until the latter has expressly accepted the order itself via "Order Processing Confirmation Email" (see point 7.1 below). It is specified that upon receipt of the order by the Buyer, the system will automatically send a summary confirmation email of the order received, which should not be understood as formal acceptance of the same. The Seller, with a subsequent email, after checking the availability of the chosen product, will formally confirm and accept the order received.
5.5) The Buyer expressly grants the Seller the right to accept even only partially the order placed (for example in the case in which not all the products ordered are available). In this case the contract will be considered perfected in relation to the goods actually sold.
5.6) The Buyer expressly declares that the purchase is being made for purposes other than any commercial or professional activity that may be carried out.
- Products and Offers
6.1) In accordance with Article 52 of the Italian Consumer Code (Legislative Decree 206 of 6 September 2005), and the conditions of this contract, before sending the Order the Buyer may view on the Site the information relating to the price, including taxes and shipping costs, the essential characteristics of the product/s or services he/she wishes to purchase.
6.2) In any case, and in the event that, after sending the Order, a total or partial unavailability of the product occurs, the Buyer will be immediately informed by email of the unavailability of the product and of the total or partial cancellation of the Order.
6.3) In case of total or partial cancellation of the Order: the cancellation of the Buyer's Order will occur automatically, without any charge to the Buyer. Customer Service will contact the Buyer to inform him of the cancellation and to propose to place a new Order excluding the unavailable product.
6.4) The Seller also reserves the right to suspend or cancel the fulfillment of an Order and/or delivery, regardless of the nature and progress of the fulfillment, in the event of non-payment or partial payment of any sum owed by the Buyer, in the event of problems with the payment, in the event of technical problems, in the event that at the sole discretion of the Seller a practice potentially damaging to the selective distribution contracts of the products may arise, or in the event of fraud or attempted fraud relating to the use of the Seller's Website, including with reference to previous Orders. In the event of refusal of the Order, the Seller will inform the Buyer, within 30 working days of the forwarding of the Order, of the impossibility of accepting the Order. The sale will be final only upon acceptance of the Order by the Seller, by sending an email confirming that the Order has been fulfilled to the Buyer.
6.5) The Seller shall be entitled to collect the full price of the Order:
- for payments made by credit card, from the moment the Order Processing Confirmation Email is sent;
- for payments made with other payment methods from the moment the email is sent informing the Buyer that his Order has been shipped.
6.6) The Seller recommends that the Buyer keep the emails received from the Seller on paper or electronic media. The Buyer is informed that the aforementioned emails will be sent to the email address entered by the Buyer at the time of purchase. The Seller will not be responsible in the event of an invalid email address being entered and/or failure to receive the Order Confirmation Email for reasons not directly attributable to the Seller. In this case, the sale will be considered final.
- Conclusion of the Contract
7.1) The Contract stipulated through the Site is considered concluded when the Buyer receives, via e-mail, the formal confirmation of the order, with a communication (« Order Confirmation E-mail ») following the automatic e-mail summarizing the order referred to in art. 5.4, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with the processing of the same. The Contract is concluded in the place where the registered office of the Seller is located.
7.2) Until the Buyer has received the Order Confirmation email, referred to in the previous point, he/she has the right to proceed with the cancellation of the order by sending an email to the Seller's address info@greenvibes.store or according to any other methods indicated on the Site.
- Payment
8.1) The Buyer guarantees the Seller that he has the necessary authorizations to use the payment method chosen for his Order at the time of sending the Order.
- Payment Methods:
- Credit Cards
- Paypal
- Mark
8.2) All Orders are payable in Euros, taxes and mandatory contributions included. Any bank charges will be borne exclusively by the Buyer (even in the event of a refund). In the event of failure or delay (more than 2 days) in payment of the Order by the Buyer, the Seller reserves the right to apply default interest at the legal interest rate starting from the tenth working day following the date of the Order or from the notification of rejection of the bank payment.
8.3) Ownership of the products ordered will remain with the Seller until the entire amount of the Order, including shipping costs, taxes and other mandatory contributions (where applicable) are paid in full by the Buyer. All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutions, for the protection of the customer. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically cancelled and the sale will be resolved pursuant to art. 1456 of the Italian Civil Code. The Customer will be informed via automatic e-mail communication.
8.4) Communications relating to the payment and the data communicated by the Customer when this is carried out take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
- Product Shipping Costs and Times
9.1) Shipping costs vary depending on the total amount of the order:
- for orders whose total amount is less than €60.00, the costs will be €7.90 (except for any promotions or offers);
- For orders whose total amount is greater than [Amount], shipping will be free.
9.2) The shipping times are:
- PREPARATION TIME: 24 h (working days)
- DELIVERY TIMES: 48/72 h (working days)
- OVERALL DELIVERY TIMES ITALY: 72/96 h (working days) Orders placed on Saturday and Sunday will be entrusted to the courier on the next available working day, excluding holidays.
9.3) For EU countries (excluding Switzerland) shipping costs 15.00 euros for orders up to 70.00 euros, while it is free for orders over 70.00 euros. Shipping to Switzerland costs 15.00 euros for orders up to 70.00 euros and free for orders over 70.00 euros. Shipping to the United States costs 35.00 euros for orders up to 100.00 euros and free for orders over 100.00 euros. Shipping to the United Kingdom costs 50.00 euros for orders up to 80.00 euros and free for orders over 80.00 euros. For the rest of the world, shipping costs 50.00 euros for orders up to 120.00 euros and free for orders over 120.00 euros.
9.4) In the event of failure to collect the order by the recipient, any storage and return costs will be entirely borne by the recipient.
9.5) All Buyers can pay for the goods ordered using the following payment methods indicated "online" at the time of purchase: Credit Cards, PayPal and cash on delivery.
- Delivery Methods
10.1) The Seller will deliver to the Buyer, at the address indicated by the latter, as the delivery address on the Order "Delivery Address", the selected and ordered products, with the methods set out in the previous articles, by means of trusted couriers and/or forwarders: GLS. Other forwarders will be selected for foreign orders.
10.2) To change the delivery address after the shipment of the ordered products, the Buyer must contact customer service.
10.3) Orders will be processed as soon as they are received and the Seller undertakes to deliver the products as quickly as possible and in any case within 30 days from the date of conclusion of the contract (i.e. from the moment of online confirmation of the order by the user). The total amount of the costs, including shipping costs, will be visible before proceeding with the confirmation of the purchase.
- Defects, Non-Conformities and Damage to Products
11.1) The shipped goods will be checked and delivered to the forwarder intact and without defects. The Seller cannot be held responsible in any way for any delays or damages attributable to the fault of the forwarder. If the buyer refuses the purchased products without any valid reason, the Seller will charge the Customer the costs of transport there and back.
11.2) The Buyer, or the recipient of the Order, is invited to check the condition of the package and the products at the time of delivery. In the event of anomalies in the package (damaged or open package, traces of liquid, etc.) and/or the products ordered (missing, defective or damaged products), the Buyer or the recipient of the Order must return the products to the Seller following the procedures described below.
11.3) Failure to comply with the correct procedure excludes any recourse against the carrier and/or the Seller, including the right to a refund of the Order and/or the return of the products ordered.
11.4) The Buyer, or the recipient of the Order, may, alternatively, contact the Seller at the email address info@greenvibes.store to find out how to return the damaged, non-compliant and/or defective product or products.
11.5) The procedure for returning damaged, non-compliant and/or defective products that will be indicated by the Seller must be followed by the Buyer. Otherwise, the Buyer will not be able to claim any refund or replacement of the products in question.
- Return Conditions The return conditions are regulated as follows:
12.1) Right of Withdrawal Pursuant to and for the purposes of art. 52 et seq. of the Consumer Code (Legislative Decree 206/2005), the Buyer has the right to withdraw from the purchase contract within 14 (fourteen) working days from the date of receipt of the package containing the ordered goods, returning the goods received in their original packaging, without tampering with any guarantee seal or damaging the external packaging.
12.2) Product Integrity In accordance with art. 57 of the Consumer Code, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
12.3) Exclusions from the Right of Withdrawal Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the following cases:
- Supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery (art. 59, letter e).
- Supply of goods that are liable to deteriorate or expire rapidly (art. 59, letter d). These goods include, in particular, food products, the characteristics and quality of which may also be altered as a result of inappropriate storage.
12.4) Refund Options The Buyer who exercises the right of withdrawal according to the methods provided may obtain, at his choice:
- Refund of the amount paid for the products returned to the central warehouse, by crediting the relevant amount to your credit card or by bank transfer.
- A credit of an amount equal to the price of the products returned to the central warehouse, usable exclusively on the Website.
12.5) Return Costs In accordance with art. 57, paragraph 1, of the Consumer Code, the return costs are the sole responsibility of the Buyer.
12.6) Parcels at the recipient's expense Parcels sent at the recipient's expense will not be accepted.
12.7) Refund Times The Seller will refund the Buyer the entire amount already paid for the product within 14 days of receiving the withdrawal form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until it has received the goods or until the Buyer has demonstrated that he has returned the goods, pursuant to art. 56, paragraph 3, of the Consumer Code.
12.8) Return Organization The Buyer and/or the recipient of the order must contact customer service to organize the return.
12.9) Return Conditions The products must be returned to the Seller in their substantial integrity, with the original packaging, accessories, instructions for use and any other element supplied with the product, in conditions such that they can be put back on sale.
12.10) Acceptance of Returned Goods The Seller will accept the returned goods reserving the right to verify that the products have been returned in their original condition and with the original packaging.
12.11) Refund Procedure The refund will be made by reversing the amount charged to the credit card or by bank transfer, using the bank details (IBAN code of the invoice holder) provided by the Buyer in the return form.
12.12) Product Exchange To exchange products purchased online, you must send an email to info@greenvibes .store indicating the order number. The exchange can only be made with products of an amount equal to or greater than that of the returned products. A partial refund of the amount spent can only be obtained by sending the product back to the headquarters.
12.13) Return Terms Returns of products will not be accepted beyond the legal deadline established for withdrawal and contractual cancellation.
12.14) Refund of Amounts Paid The Consumer who exercises the right of withdrawal in accordance with the provisions will be refunded the amounts already paid within 14 days and, in any case, no later than 30 days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Consumer, pursuant to art. 56, paragraph 1, of the Consumer Code.
- Termination of Contract
13.1) If one Party is in breach of any of the obligations under this contract towards the other, the other Party may request its termination pursuant to articles 1453 and following of the Italian Civil Code, without prejudice in any case to the right to compensation for damages.
13.2) Pursuant to art. 1456 of the Italian Civil Code, the party intending to avail itself of the resolution shall notify the other party by sending a registered letter with return receipt via PEC (Certified Electronic Mail), indicating the reason; the effects of the resolution shall run from the date of receipt of the resolution notice resulting from the receipt returned to the Party that resolves and the Buyer shall be entitled exclusively to the refund of any sum already paid.
- Communications
14.1) Except in cases expressly indicated - or established by legal obligations - communications between the Seller and the Buyer will preferably take place via e-mail messages to their respective electronic addresses which will be considered by both parties as a valid means of communication and whose production in court cannot be contested for the sole fact of being electronic documents.
14.2) Both parties may at any time change their email address for the purposes of this article, provided that they promptly notify the other party in compliance with the forms established in the previous paragraph.
- Protection of Confidentiality and Processing of Buyer Data
15.1) The Seller protects the privacy of its customers and guarantees that the processing of personal data complies with Regulation (EU) 2016/679 and applicable legislation on the protection of personal data.
15.2) The personal and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and according to the methods provided for by the Privacy Policy of the site and by the information provided for by art. 13 of GDPR 679/2016 and Legislative Decree 30 June 2003, n. 196 (Privacy Code), which the buyer expressly declares to have read.
- Jurisdiction and Competent Court
16.1) Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "online" through the Seller's Website is subject to Italian jurisdiction, also in accordance with the provisions of art. 3, Conv. 19 June 1980, n. 80/934/EEC (Rome Convention), on the law applicable to contractual obligations; these general conditions refer, for anything not expressly provided for therein, to Legislative Decree 6 September 2005, n. 206 (Consumer Code).
16.2) In the event of disputes arising from this contract or connected to it, the parties undertake to seek a fair and amicable settlement between them.
16.3) If the dispute has not been resolved amicably, and in any case within six months from the date of its inception, the same will be brought to the exclusive jurisdiction of the Court in whose district the Buyer/Consumer has his/her domicile in accordance with the provisions of Legislative Decree 206/05; in the event that the Buyer does not have the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be under the exclusive jurisdiction of the Court of Milan.
- Final Clauses
17.1) This contract cancels and replaces any previous agreement, understanding, negotiation, written or oral, between the parties and concerning the object of this contract.
Last modified: 01/06/2024