General Terms and Conditions of Online Sale

Section I

ART. 1

These General Conditions of Online Sales - applicable to online sales through the website www.personalmuesli.it (hereinafter referred to as the "Website") - regulate the offer and sale of the products (and/or services) promoted online by Droghificio G Sartori Srl, sole shareholder company with company capital of € 25,822.00 fully paid up (hereinafter referred to as the "Supplier"), with registered office at via dei Mille 27 36022, Cassola VI, registered with the Chamber of Commerce of VICENZA with registration no. 20396, Economic Administrative Index 277833, Tax Code and VAT 02826480242, Certified Electronic Mail (CEM) address: droghificiosartori@pec.it

ART. 2

E-commerce Contract

E-Commerce Contract (hereinafter the 'Contract') means a sales or service contract whereby the Supplier, or its intermediary, offers products or services through a website, or other electronic means, and the Buyer (consumer) places an order for such products or services on such website, or using other electronic means made available by the Supplier. For this, as for the following two definitions, please refer to EU Regulation 524/2013 (1)

Sales Contract

Any Contract under which the Supplier transfers, or undertakes to transfer, ownership of products to the Buyer and the latter pays, or undertakes to pay, the agreed price (EU Regulation 524/2013, Art. 4).

Service Contract

Any contract, other than a sales contract, under which the Supplier provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the agreed price (EU Regulation 524/2013, Art. 4) ( http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0001:0012:IT:PDF ).
Consumer Code

Reference legislation for consumer protection, set out by Italian Legislative Decree No. 206 of 6 September 2005, as last amended (hereinafter, for short, the “Consumer Code”). To view the current version of the Legislative Decree, visit the following site: Consumer Code.

Buyer

The term Buyer indicates the consumer or user: a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (article 3, letter a of the Consumer Code).

Supplier

The term “Supplier” indicates a natural or legal person acting within the scope of its own business, commercial, craft or profession activity, or an intermediary thereof (art. 3, letter c of the Consumer Code) (http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-09-06;206!vig= ).

Manufacturer

The Manufacturer is the manufacturer of the finished product or one of its components, as well as the manufacturer of the raw material or, for agricultural, soil and livestock, fishing and hunting products, the farmer, breeder, fisherman and hunter respectively (art. 115, paragraph 2-bis of the Consumer Code).

Compliance with the Contract

All those products that fulfil the following parameters, if applicable, shall be deemed compliant with the contract: (i) they are fit for the use for which products of the same type are normally used; (ii) they meet their description and possess the same qualities as the product presented as sample or model; (iii) they have general quality and performance levels that are standard for products of the same type, and which the Buyer may reasonably expect taking into account the nature of the product and, where applicable, any public statements on the specific characteristic of the product made in this respect by the seller, the manufacturer or its agent or representative, particularly in advertising or labelling; (iv) they are suitable for the specific use intended by the Buyer as indicated by the same to the Supplier when agreeing the Contract, and which the Supplier has accepted through actions construed as consent (article 129, paragraph 2 of the Consumer Code).

Defective product

A product is defective when it does not offer the level of safety that may legitimately be expected in view of all the circumstances, including: a) the manner in which the product has been introduced in the market, its presentation, its obvious characteristics, the instructions and warnings given; b) the use for which the product may reasonably be intended and the conduct that may reasonably be expected in connection therewith; c) the time during which the product has been in the market. A product cannot be considered defective simply because an improved version has been launched on the market at any time. A product is defective if it does not offer the safety levels normally offered by other products in the same series (art. 117, Consumer Code).

Section II

GOODS AND/OR SERVICES OFFERED ONLINE COVERED BY THE CONTRACT ART. 3

3.1 Under the terms of the Contract, the Supplier sells and the Buyer purchases, electronically, the products and/or services offered on the Website.
3.2 The aforementioned products and/or services are available on the internet, on the personalmuesli.it Website, which shows the products and/or services promoted online by the Supplier. These products and/or services are accurately depicted/represented on the Website, highlighting their characteristics. However, the Supplier cannot guarantee a precise and exact correspondence and consistency between the actual products and/or services promoted online and the way they are represented on the monitor of the Buyer. In the event of discrepancies between the images of the products and/or the representation of the services visible online and the respective information sheet, issued in writing, the latter shall prevail in all circumstances.

PRODUCT AVAILABILITY ART. 4

4.1 The Supplier ensures, with computerised means, the processing and fulfilment of the order without delay, in accordance with the procedures set out in art. 5 of these General Terms and Conditions of Online Sales. In this respect, the electronic catalogue of the Supplier will indicate in real time which products are or are not available and their expected time of dispatch. The aforementioned computer system will confirm the registration of the order as quickly as possible, forwarding to the Buyer by e-mail the corresponding confirmation (so called Order Receipt).
4.2 Should an order exceed the actual stock availability, or should the product be unavailable for whatever reason, the Supplier shall promptly inform the Buyer by e-mail or telephone of the unavailability of the product, indicating, if possible, when it will become available, requesting a new confirmation of the order on the basis of the new delivery time indicated by the Supplier.
Section III

CONCLUSION AND FULFILMENT OF THE CONTRACT AND RELATED PROCEDURES

CONCLUSION OF THE CONTRACT (1) ART. 5

5.1 The Contract between the Supplier and the Buyer shall exclusively be concluded online. After accessing the e-Shop (2), the Buyer shall follow the procedures/instructions indicated therein to formalise the purchase of products and/or services by filling the forms provided by the Supplier. The Buyer who wants to purchase online must select the desired products and/or services, one at a time, and place them in the shopping cart made available by the Supplier on the Website. After selecting the desired products and/or services, the Buyer will be asked to finalise the purchase in the shopping cart by forwarding the list of desired items to the Supplier. Prior to forwarding, a screen will be displayed requesting the confirmation of the purchase order (3) for the selected products and/or services, indicating the corresponding prices and any options that may be selected by the Buyer, who shall be responsible for indicating the delivery, transport and payment terms for the fulfilment of the Contract. In the order confirmation, the Buyer undertakes to check and validate, before forwarding it, their personal details, the products/services purchased with the Contract, the corresponding prices, including any shipping costs and/or ancillary charges, confirming the chosen payment methods and terms, the delivery address and any other information that may be required. The format of the order confirmation provides information to the Buyer regarding the time for the fulfilment of the Contract, drawing the Buyer's attention to the right of withdrawal, as well as to their other statutory rights. After completing the required checks, the Buyer will have the option to click “Confirm & Pay” at the bottom of the page to confirm the order, which will be forwarded to the Supplier.
5.2 The publication on the Website of the products and/or services constitutes a simple invitation to the Buyer to make a purchase proposal; in the same way, the order confirmed by the Buyer constitutes exclusively a contract proposal, subject to these General Terms and Conditions of Online Sales, which the Buyer declares to know and accept. The order - duly filled and checked as per the instructions - will be acknowledged by the Supplier with an acknowledgement (4) forwarded to the e-mail address of the Buyer for the sole purpose of confirming its receipt in the computer system of the Supplier, who will then start processing it, checking the details provided by the Buyer and the availability of the products requested. The acknowledgement of receipt does not constitute acceptance of the purchase proposal by the Supplier. This receipt - which includes an "Order Number" that must be indicated in all communications with the Supplier - indicates, in addition to any information required by law, all the above-mentioned details, which the Buyer must check again, promptly informing the Supplier of any mistakes. Should any discrepancies be found regarding the prices or any other characteristics of the products and/or services promoted on line, or in case of unavailability of the products requested, the Supplier shall promptly notify the Buyer, inviting them - if still interested -, to amend the order or to cancel the same and issue a new one, in accordance with the new terms that will be promptly communicated.
5.3 The Supplier has the right to accept or reject the order sent by the Buyer, without the latter claiming any rights and/or making any further demands whatsoever, at any title, including compensation, for the non-acceptance of the order. The Contract shall be deemed as concluded only with the forwarding of an additional e-mail (or message in the communication centre of the Website, or equivalent) confirming the acceptance of the purchase proposal, which shall also contain information regarding the shipment and the expected delivery date (Shipment Confirmation). Should the order be fulfilled with several shipments, the Buyer may receive separate Shipment Confirmations. The Buyer may, however, cancel the order before receiving the Shipment Confirmation, provided that the order has not already been prepared for shipment. No charge will be made in this case. The right of withdrawal under the terms and conditions set out in Art. 10 below shall remain unaffected.
5.4 The amount due will only be collected once the goods have been dispatched. After receiving the payment for the requested products/services, the Supplier will issue the relevant tax document.
5.5 The Contract shall not be concluded, and shall have no effect, if the procedure set forth in this article is not followed in a timely manner.
5.6 For any errors, misprints or problems in filling the online forms and, more generally, in the completion of the purchasing procedures set out by the Supplier, the Buyer is invited, without delay, to call the following numbers/write to info@droghificiosartori.it.

OBLIGATION TO PAY ART. 6

6.1 The Buyer undertakes to pay the prices indicated for the products and/or services purchased online, in accordance with the terms and conditions available on the Website 

6.2 The prices of the products/services promoted through the Website, as well as any other charges/expenses relating to the invitation to offer, are in Euro.
6.3 The prices are inclusive of VAT and all other taxes. Shipping costs, as well as any ancillary charges, such as customs clearance, if any, although not included in the sale price, will be indicated and calculated by the Supplier during the purchase process before sending the order conformation, and will be summarised in the order summary (order acknowledgement). The supplier reserves the right to change the prices of the products and the shipping costs without prior notice

PAYMENTS AND REFUNDS ART. 7

7.1 The payment for the products/services purchased online shall be made according to the method chosen by the Buyer among those permitted by the Supplier and indicated in the section of the Website. The use of such payment methods does not entail any additional charges for the Buyer, with the exception of any additional costs borne by the Supplier, which shall be duly proven and communicated to the Buyer.
7.2 All refunds to the Buyer shall be credited using one of the methods suggested by the Supplier selected by the Buyer and, in case of withdrawal, within a maximum of 14 days (fourteen days) from receipt by the Supplier of the formal withdrawal notice. The Supplier may, however, postpone the refund until receipt of the products or, in any case, until the Buyer provides adequate proof that the products have been returned (see Article 10.4 below).
7.3 All payment-related communications takes place on a special encrypted line, which guarantees the storage of the information with a high level of security and in compliance with the applicable data protection regulations. In specific, using the Paypal and Stripe systems

PRODUCT DELIVERY ART. 8

8.1 The Supplier shall deliver the products ordered without undue delay, within a maximum of 30 days (thirty days) from the date of conclusion of the Contract, in the manner indicated on the Website, or, alternatively, as chosen by the Buyer. The supplier will use leading transport companies

8.2 If the Supplier is unable to dispatch the products within the above period, it shall promptly notify the Buyer by e-mail or telephone, if such details were provided at the moment of conclusion of the order.
8.3 Procedures, times, costs and any other charges regarding the shipments in the regions served by the Supplier are indicated on the Website.
8.4 Delivery

The Buyer is invited to notify any delivery delays or shortcomings experienced.
The Buyer must check:
- The integrity of the package, which must conform to the standard characteristics of a newly packed item. The package must not be damaged or wet.
- That the number of packages corresponds exactly to the number indicated on the delivery note

- Any complaints must be immediately issued to the courier

- The courier will unload the goods on the ground, i.e. at the customer's destination, but not take them to the floor of the Buyer.

WHAT TO DO IN CASE OF TRANSPORT DAMAGE

If a package shows damage, the Buyer must sign the appropriate box marked with “accepted with reserve”.

In case of excessive damage, the refusal of the delivery is recommended.

ORDER FILING ART. 9

9.1 Pursuant to Art. 12 of Italian Legislative Decree 70/2003, as well as Articles 50-51 of the Consumer Code, the Buyer is hereby informed that all their online orders will be stored and archived in digital and/or paper format at the premises of the Supplier, in compliance with the appropriate confidentiality and security requirements. For any copies, or other requests in this regard, the Buyer is invited to contact the Supplier at info@droghificiosartori.it.
9.2 The Buyer is invited to store both the Order Acknowledgement and the Dispatch Confirmation sent by the Supplier, as well as these General Terms and Conditions of Online Sales, on their device in an appropriate digital format, and to print copies.

Section IV

WITHDRAWAL, WARRANTIES AND LIMITATIONS OF LIABILITY

RIGHT OF WITHDRAWAL ART. 10

10.1 In view of Art. 59 of the Consumer Code (Exceptions to the right of withdrawal) the Buyer may not exercise the right of withdrawal - as the products are specifically prepared for the Buyer -, unless expressly authorised by the supplier, who will communicate the method for the return

WARRANTIES ART. 11

11.1 The Supplier guarantees to the Buyer the conformity of the goods to the terms of the Contract until the expiry date indicated on the packaging. Unless otherwise stated, any conformity defects that becomes apparent within six months (6 months) from the date of delivery of the product shall be presumed to have already existed on that date, unless this is incompatible with the nature of the product, or the conformity defect in question.
11.2 In case of non conformity of the products to the Contract, the Buyer may demand, alternatively and free of charge, either the repair or replacement of the products purchased, a reduction of the price, or the termination of the Contract, unless the demand is objectively impossible to satisfy, or is excessively burdensome for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code. If repair or replacement is impossible or unreasonably expensive, or if the Supplier has failed to repair or replace the product within the agreed period of time, or if the replacement or repair have caused significant inconvenience to the Buyer, the same may, at their own discretion, request a price reduction or the termination of the Contract.
11.3 The Buyer shall forfeit any rights relating to the conformity of the product with the Online Sales Contract if they fail to report the alleged lack of conformity to the Supplier within two months (2 months) from the date of its discovery. Not required if the Supplier has expressly acknowledged the defect, or has consciously concealed it, the complaint notification shall specify the non-conformity found, in addition to including at least one photograph of the product affected, accompanied by the Supplier’s document as proof of purchase.
11.4 The Buyer shall send the complaint, and any requests in connection with the same, to one of the following addresses: i) Droghificio G Sartori SrL a s.u. Via dei mille 27 36022 Cassola VI, for communications by registered mail with recorded delivery; ii) or, by Certified E-mail, to certified mailbox Droghificiosartori@ Pec.it. Upon receipt of the complaint/request and related documentation, the Supplier will assess the non-conformity reported by the Buyer, and after carrying out the preliminary checks required will authorise, or not authorise, the return of the product by providing the Buyer with a "Return Code", sent by e-mail to the address provided by the Buyer when sending the order. The authorisation to return the product does not, however, constitute recognition of the non-conformity, the existence of which will be ascertained only after the returned product is received by the Supplier. The product for which the Supplier has authorised the return must be returned at the expressly indicated address, together with a copy of the return authorisation bearing the "Return Code" and in full compliance with the provisions of Article 10.3.
11.5 Should the Supplier be obliged to reimburse the Buyer in whole or in part for the price paid, the reimbursement shall be made, where possible, using the same means used by the Buyer for the purchase of the product or, alternatively, by bank transfer. The Buyer shall be responsible for communicating to the Supplier, at the moment of issue of the complaint/request, the bank details to be used by the Supplier for returning any amount due following the return.

LIMITATIONS OF LIABILITY ART. 12

12.1 The Supplier shall not be liable for non-fulfilment or delayed fulfilment of the Contract, if this is due to disruptions due to force majeure, unforeseeable circumstances, or in any case events that cannot be attributed to the Supplier. Without prejudice to the cases referred to in Article 1229 of the Italian Civil Code, no compensation shall be due to the Buyer, who shall only be entitled to full return of the price and any ancillary charges paid.
12.2 The Supplier, having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, as well as the best science of the time in terms of the security of online transactions - does not assume any liability for any fraudulent, illegal or irregular use of credit cards, cheques or other means of payment, attributable to wilful or negligent conduct of the Client with respect to the obligations of safekeeping and prompt information to the issuer of the aforementioned means of payment.

NON-CONTRACTUAL LIABILITY ART. 13

13.1 The Manufacturer is liable for any damage caused by defects in the products promoted/sold through the Website. Pursuant to Article 116 of the Consumer Code, the Supplier shall be liable for the damage caused by a defect in the product sold if it fails to provide the damaged party, within three months of the request pursuant to the third paragraph below, with the identity and domicile of the Manufacturer, or the intermediary who supplied the product to the Supplier.
13.2 The damaged party shall be entitled to request compensation for any damages resulting from death or personal injury, or the destruction or deterioration of anything other than the defective product, provided that it was normally intended for private use and consumption, and therefore used by the damaged party. In the latter case, pursuant to Article 123 of the Consumer Code, the damage to anything other than the defective product shall only be indemnifiable for the amount exceeding the sum of € 387.00 (three hundred and eighty-seven Euro). In any event, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal link between the defect and the damage suffered.
13.3 The damage claim, which shall be made exclusively in writing, shall specify precisely the product that caused the damage and the date and place of its purchase. Furthermore, it shall be the responsibility of the damaged party to provide the product object of the complaint, if still existing, for evaluation, following the instructions of the Manufacturer or Supplier, o any third party indicated by the same.
13.4 All requests for compensation for damage shall be rejected if the damaged party was aware of the product defect and the related risks before exposing themselves to it. In the presence of fault of the damaged party - who through due diligence could have avoid any damage suffered -, the request for compensation for damage will be excluded or reduced in proportion to the level of fault that can be attributed to the victim.
13.5 All liability for the consequences resulting from the defective product shall be excluded in case of defect due to the need to ensure the conformity of the product to a mandatory legal requirement, or other binding regulation, or if the extent of scientific or technical knowledge at the moment of sale of the product did not allow to identify the product as defective.

TERMINATION OF THE CONTRACT ART. 14

14.1 The timely payment for the products and/or services purchased online, in accordance with Art. 6.1 of these General Terms and Conditions, as well as the payment of any further charges and/or commitments in accordance with Art. 6.3, are essential obligations of the Contract.
14.2 Unless justified by unforeseeable circumstances or force majeure, the non-fulfilment of the aforementioned obligations shall result in the automatic termination of the Contract by law, pursuant to Article 1456 of the Italian Civil Code, without the need of a court ruling.

Section V

PROCESSING OF PERSONAL DATA

PRIVACY ART. 15

15.1 The Supplier shall protect the personal details of the Buyer, guaranteeing that they will be processed in full compliance with the current legal requirements, and in particular with EU Regulation 679/2016 and any of its amendments and integrations ( http://eur-lex.europa.eu/legal-content/IT/TXT/PDF/uri=CELEX:32016R0679&from=IT ) as well as any relevant national regulations (Privacy Code, as amended by Italian Legislative Decree 101/2018).
15.2 Whilst drawing the attention, for any details, to the notice on the processing of personal data on the website and any related extended Information on the use of cookies, it is hereby indicated that the personal data directly and/or indirectly acquired through the Website will be collected and processed in electronic/computerised form and, if necessary, in paper form, with the following main purposes: i) to record the order; ii) to fulfil the Contract and forward any related communications; iii) to comply with the legal obligations; iv) to manage the business relationship in order to better provide the services requested. The correct and timely communication of the personal data of the Buyer is a necessary condition for the timely execution of the Contract by the Supplier, who would otherwise be unable to process the order of the Buyer.

Section VI

FURTHER INFORMATION

COMMUNICATIONS AND COMPLAINTS ART. 16

Below are the contact details of the Supplier and the Buyer

16.1 For all enquiries, please use the following addresses: info@droghificiosaartori.it... All official communications addressed to the Supplier, as well as any complaints by the Buyer, shall only be valid if sent by registered letter with return receipt to Droghificio G Sartori SrL a s.u. Via dei Mille 27 36022 Cassola VI, or by e-mail to certified e-mail address droghificiosartori@PEC.it
16.2 When registering on the Website, or at the latest when forwarding the order, the Buyer must indicate their residence or domicile, telephone number, and the e-mail address at which the Supplier must forward all communication. For instructions in this regard, please refer to Art. 12 of the General Terms of Use/Navigation of the Website.

INTERNATIONAL ACCESS/ACCESSIBILITY ART. 17

17.1 The Website and its services are available in Italian. In addition, the Website is also available in English

17.2 These General Terms and Conditions of Online Sales are available in Italian. If translated into other languages, the only applicable version will be the Italian version. As regards to the mandatory rights pursuant to article 20.1, irrespective of the applicable language, the interpretation most favourable to the final consumer Buyer shall prevail in all cases.
17.3 Accessible from computers, tablets, smartphones or other devices, wherever located, the Website promotes products and/or services primarily intended for the domestic market. Except as specified below, all orders from third countries will be accepted and processed as agreed. In such case, unless otherwise agreed, delivery will take place at the premises of the Supplier/Intermediate. The Supplier/Intermediate reserves the right, however, to suspend/stop, with short notice and without penalties, all promotion, marketing, sale, supply of goods and/or services through the Website, in case of legal/fiscal/customs obstacles, or, in any case, objective obstacle (and not subjective, related to the geographical location of the User) that preclude the receipt of the order and/or the fulfilment of the Contract for Users resident or domiciled in third countries.

ONLINE DISPUTE RESOLUTION - APPLICABLE LAW AND JURISDICTION

ONLINE DISPUTE RESOLUTION (ODR) ART. 188

18.1 In accordance with EU Regulation 524/2013 (1), the Buyer is hereby informed of the right to refer the resolution of any disputes with the Supplier - concerning the offer and purchase of the products and/or services promoted online - to bodies/companies/offices operating in the field of alternative dispute resolution (so-called ADR - Alternative Dispute Resolution), through web-based, simple, fast and inexpensive procedures (so-called ODR - Online Dispute Resolution).
18.2 For information on the aforementioned ODR procedures, please visit the following website: Online dispute resolution https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
18.3 The resolution of any dispute arising from and/or connected with this Contract may, however, be referred to a mediation/conciliation attempt at the Chamber of Commerce of Vicenza, which shall decide in accordance with the relevant Mediation/Conciliation Rules. (4) Specify the website of the body active in online mediation/conciliation referred to above, where to view the relevant Rules, as well as any other useful information on mediation/conciliation activities of the body.

APPLICABLE LAW - JURISDICTION ART. 19

19.1 Any dispute between the Supplier and the Buyer concerning the Contract and its fulfilment, shall be governed by Italian law and handled, unless dispensation in this respect is applied, by the courts of the jurisdiction of the consumer. The Buyer shall in any case be guaranteed the rights pursuant to the mandatory consumer protection regulations in force in their country of reference and/or domicile.
19.2 For the reference regulations regarding the court of jurisdiction, and the legislation applicable to the Contract, refer to article 66 bis of the Consumer Code, article 18 of EU Regulation 1215/2012, article 6 of EU regulation 593/2008, as well as Articles 3 and 57 of Law 218/1995.