GENERAL CONDITIONS OF USE AND SALE

These Terms of Use governing the existing trade relations between PIANTALO SRLS headquartered in Bari P.iva 07932930725 (hereinafter referred PIANTALO) and the author of the order (hereinafter referred to as Client) whose personal data are indicated in the form of recording and in the order form. Any conditions made by the customer does not comply with these Terms of Use will be deemed invalid. These Terms of Use are subject to all the changes necessitated by subsequent laws and / or regulations.
With this contract, PIANTALO offers the goods chosen by the customer in the order form, to be considered an integral part of the contract. The contract between PIANTALO and the Customer shall be concluded with the acceptance of the order by PIANTALO. This acceptance is automatic, unless otherwise communicated to the client. Placing an order in the manner provided, the Customer declares to have read and accepted in its entirety, all the information provided to him during the purchase process, the supply of product specifications, and the General Conditions in their entirety.
The Customer declares that it has entered in the form of false or imaginary order, and therefore declares that the data correspond to the real data. PIANTALO reserves the right to pursue the appropriate authorities any violation or abuse. The obligations assumed by the Client in this article as well as security for completion of payment made by the customer, are essential to PIANTALO, that it reserves the right, in case of default of any of the above obligations, to terminate the contract of law, fact prejudice to any right to compensation.
If the customer is a consumer, once the purchase procedure, will print or save an electronic copy but keep these general conditions of sale, subject to the provisions of art. 3 and 4 of Decree 185/1999 on distance selling.

Registration on the Site
Registration on the website is not mandatory. It is possible to consult the catalog of products on the site and make an order via internet without being registered, the customer may use other methods of purchase (e-mail, fax, telephone).
When the customer wants to buy products of PIANTALO he will have to fill out a form with his personal data, shipping address and possible methods of payment.

Technical information
PIANTALO reserves the right to change / adapt the technical and dimensional information of the products in the catalog, even without notice.

Products availability
The customer can only purchase products in the electronic catalog available on the site at the time of the order. Since the access and the ability to place the orders online, change in real time the product’s availability, PIANTALO does not guarantee the certainty of allocation of merchandise. If the order exceeds the amount present in stock, the customer will be informed by e-mail or by telephone of any future availability of good and lead-times. In cases where the customer purchases products Incoming / Bookings, will be subsequently made aware of delivery times, usually no more than 10-15 days.

Prices in the catalog
All prices shown on the site are VAT inclusive and are valid only for purchases on the Internet. PIANTALO reserves the right to change product prices at any time, however, the prices charged are those in effect at time of order. In case of divergence between the rate shown and that in force at the time of the Customer, due to a typo, edition or calculation on the Site shall prevail fare. However, the customer can cancel his order to report the problem.
All prices shown on the site are expressed in euro following the Community rules and rounding to two decimal places the unit price including taxes.

How to Purchase and Payment
The mode of payment on the PIANTALO site is with Paypal or credit card.

Acceptance and Order processing
PIANTALO reserves the right to only accept orders for delivery in Italian territory, Europe, San Marino and Vatican City, countries outside the European Union from shareholders with tax code and / or VAT (or an equivalent figure if not resident in Italy), who have reached the age of majority. PIANTALO SRLS reserves the right to refuse an order in the following cases: shipments to PO Boxes; provision of personal data is not real or incorrect; Previous non-performance of any kind in respect of PIANTALO; Inclusion on the list of protests; subjection to bankruptcy proceedings; lack of availability of goods, for whatever reason, in their stores or from suppliers; in any other case of incompatibility with the economic interests and policies of PIANTALO. PIANTALO shall, in respect of the verification of the availability of products and the notification of the payment by the customer, send an e-mail of acceptance and avoidance of the same from Monday to Friday from 08.00 h h 18:00.

Products
Descriptions and pictures of products present in the catalogs and on the website are as accurate as possible. Upon delivery of the plants are dormant. Being live products may be slight variations in size, shape and color than illustrated in the catalog. We recommend that you immediately open the packaging, read the instructions carefully and follow the instructions on the guide how to get started, prepare the necessary materials and provide for planting as soon as possible. Any growths, are not to be considered as a defect of PIANTALO, but instead show that the plant is alive. They can easily be removed.

Shipping and Delivery of
The shipping costs are borne by the customer, except in special promotions implemented on the Site, and are calculated automatically online during the order process, based on the total weight of the order, to the country and belonging area, to method of payment and the type of shipping chosen. In the case of purchases of goods particularly bulky, fragile, heavy or expensive, the shipping charges are likely to change that will be communicated forthwith in the e-mail of acceptance.
PIANTALO undertakes to deliver the products ordered by Customer by courier, at the address specified in the same phase of the details of the order. No responsibility can be attributed to PIANTALO in case of delay in the order or delivery of the order.
If you fail to collect within 5 working days of the material in storage at the warehouses of courier because of repeated inability to deliver to the address indicated by the Customer to the absence of the same or incorrect address specified by the customer, the 'order will be automatically canceled and the shipping charges will be billed to the customer in any case.
Upon delivery of the goods by the courier, the customer is required to check:

  • that the parcel number is the same as indicated in the transport document in advance by e-mail;
  • that the package is intact, not damaged, tampered with, or wet or otherwise altered, including the sealing materials (adhesive tape and cable ties).
  • any disputes must be raised immediately to the courier carrier making the delivery, in the absence thereof, the goods will be considered delivered correctly, because once signed the document courier, the customer can not make any objection about the appearance of the delivered.

How to behave in case of transport damage:
If the unloading of the goods is evident damage to the packaging must:
  • express reservation that the package is accepted but before signing the document must write in the space, "I agree with the right of reservation", describing in writing in detail the nature of the damage found, after opening the package to the presence of the conveyor courier;
  • or reject the damaged goods if it is impossible to accept the parcel subject or if the damage is visible without opening the package.

In cases where the customer agrees with reservation or refuse delivery, please notify PIANTALO SRLS writing to info@piantalo.com

Billing
Under Article. 22 of Presidential Decree 26/10/72 n. 633, the invoice is issued only if requested when ordering; if so, indicate the number of VAT and tax code.

Retention of title
PIANTALO reserves the ownership of the goods supplied until the customer has fulfilled all obligations towards the EU and in particular until full payment of the price. This retention of title does not hinder the transfer of risks that will be charged to the customer from the date on which the ordered products have left the warehouses of PIANTALO.

Application of the right of withdrawal
Under Article. 5 DL 185/1999, if the customer is a consumer (a person who buys goods for purposes not related to his professional activity, or does the purchase by requesting invoice specifying a reference to VAT in the order form), can exercise the right of withdrawal, if the goods received differ substantially from those ordered or does not meet his expectations. Except in cases of exclusion listed below, the right of withdrawal may be exercised within 14 working days of receipt of goods purchased by e-mail at info@piantalo.com, to be confirmed within 48 hours signed by written communication sent by registered letter with return receipt to PIANTALO SRLS via Re David 191 / D 70125 Bari. in the letter must state: Order number, the date of the Order, the purchased products, the intention to withdraw from 'purchase, and bank details (bank name, agency name, ABI code, CAB code, account number) where the customer wants to receive the credit of the amount paid for the purchase of the returned goods.
Once such notice of withdrawal, the service of the Site Customer Service shall promptly give the customer all the instructions on how to return the goods that must take place within 48 hours, providing a RMA (return authorization code).
The right of withdrawal meets the limits set by Decree 185/99, in particular, it is subject to the following conditions:
the law applies to product purchased in its entirety, so it is not possible to exercise only on a part of the product;
the law does not apply for products made to specifications or clearly personalized or which by their nature can not be returned or are liable to deteriorate or expire rapidly;
the purchased goods must be undamaged, unused and returned in original packaging, complete in all its parts (including packaging, any documentation and accessories), together with the RMA number;     as required by law, the shipping costs for return of the asset are charged to the customer;
The shipment, until the certificate of receipt in our warehouse is under the complete responsibility of the customer. If the goods are damaged during transport, PIANTALO will notify the Customer thereof within 5 days of receipt of goods in their warehouses, to enable him to file a timely complaint against the carrier of his choice and to obtain reimbursement of the value of the property (if insured). In this case, the product will be made available to the customer for its return, and will be simultaneously canceled the request for withdrawal. PIANTALO does not respond in any way for damage or theft / loss of goods returned by uninsured shipments;
on his arrival in stock, the product will be examined to assess any damages not caused by transport. If the package and / or the original packaging are damaged, PIANTALO will deduct from the refund due to a percentage, but no more than 10% of it, as a contribution to the necessary repair costs;
PIANTALO should have received the price of the product from which one withdraws, will reimburse the customer the relevant amount (less any sums for packaging recovery), in the same manner in which the payment by the buyer has taken place, within 14 days from the reporting date of the termination by registered and not before receiving the product. The Buyer shall promptly provide to the bank (Cod. ABI - CAB - Account of the order) on which to obtain the transfer.
Failure to comply with the terms and procedures described above implies the ineffectiveness of the termination. In this case PIANTALO will send an email notification to the customer and will return the item purchased, charging the same shipping costs.

Disclaimer
PIANTALO is not responsible for any damage or loss, direct and / or indirect, arising from sale of goods offered in the catalog published on the Site, including delayed and / or non-delivery of the product, nor for the correspondence of goods to specifications published on the site nor for any other circumstances not directly attributable to PIANTALO. It excludes any right of the Customer to damages or compensation, and any contract or tort liability for direct or indirect damages to persons and / or property, caused by the rejection, even partial, of an order.
The technical and aesthetic characteristics of the products are indicative only. The dimensions of plants can vary according to the period of cultivation and possible pruning of the same plant. The measures indicated vary from plant to plant. The picture accompanying the description of a product can not be fully representative of its features but differ in color, size, and accessories in the picture. All support information is intended as mere material for general information, not due to real characteristics of a single product. PIANTALO is not responsible for typographical errors or changes in features and price introduced by the producers or damage caused by misuse of the products.

Privacy
The personal information requested under the order are collected and processed with the purpose to meet the expressed demands of the customer and provide him with the procedures for the execution of orders and the necessary communications. Under no circumstances and in any way personal data will be transferred to third parties.
PIANTALO guarantees its customers the respect of rules concerning the processing of personal data, as provided by the Privacy Code set out in Decree Law n. 196/2003. Owner of data processing is PIANTALO SRLS, Via Re David 191/d 70125 Bari. For more information on the processing of personal data, see the Site Information section on Privacy

Customer service
For any requests, issues a complaint, contact the Contact Center at the e-mail info@piantalo.com

Requirements and jurisdiction
This agreement is drawn up in Italian language and English, in case of contradiction / divergence between the two languages ??that Italian will prevail. The sales contract between the customer and PIANTALO SRLS is concluded in Italy and regulated by Italian law. For any civil or criminal litigation arising from the conclusion of this contract of sale at a distance the place of jurisdiction will be the Bari hole.