The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Supplier identification
The goods covered by these general conditions are offered for sale by Verdesaslus based in – Via Rongone 14 Montelparo 63853 (FM), IT,
VAT number: 02480840442, hereinafter referred to as “Supplier”,
1. Definitions
1.1. The expression “online sales contract” means the purchase and sale contract relating to the Supplier’s movable tangible assets, stipulated between them and the Purchaser as part of a remote sales system through telematic tools, organized by the Supplier .
1.2. The term “Buyer” means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression “Supplier” refers to the person indicated in the epigraph.
2. Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the movable goods indicated and offered for sale on the website https://verdesalus.com by means of telematic tools in the manner and under the conditions specified below.
2.2. The products referred to in the previous point are illustrated in the E-Shop found on the web page https://verdesdalus.com
3. Terms and conditions for stipulating the contract.
3.1 The contract between the Supplier and the Buyer is concluded exclusively through the internet through the Buyer’s access to the e-shop found at https://verdesalus.com where, following the indicated procedures, the Buyer the proposal for the purchase of the goods will come to formalize the contract for the purchase of the goods referred to in point 1 of the previous article.
3.2 The following provisions govern the commercial relations between the Supplier and users of the e-shop https://verdesalus.com (hereinafter “E-Shop”) residing in Italy (“Buyer”) for the purchase and sale of products offered through the ‘E-Shop (hereinafter “Products”). Any contractual conditions proposed by the buyer and notwithstanding the provisions explained below will not be applicable, unless the supplier has expressly accepted them in writing.
Pursuant to the following provisions, the supplier may only accept orders placed by consumer buyers with residence and delivery address within the territory of the Italian Republic.
a) The description of the Products offered in the E-Shop is complete and exhaustive. The Supplier will in no case be responsible for any different descriptions of the products made to the public by its employees or agents or by third party resellers.
b) The Supplier will endeavor to ensure that the E-Shop service does not suffer any interruption. Nevertheless, even by acting with the utmost diligence, downtime cannot be excluded. The provider reserves the right to vary and suspend the service at any time.
c) The information contained on this website is subject to change by the supplier and contains only general information for the use and consumption of the buyer.
d) The E-Shop and the supplier’s website use cookies to monitor the buyer’s preferences. The paragraph on privacy contains more information on the use of cookies.
e) Neither the supplier nor third parties guarantee the accuracy, completeness, updating of the information and material contained on the website. The buyer acknowledges and accepts that the information and material contained in this website may contain inaccuracies and / or errors and, in this regard and within the limits permitted by applicable law, any liability of the Supplier for such inaccuracies and / or or errors.
f) The use by the purchaser of the information contained in this website is the sole responsibility of the User and the supplier will in no case be responsible for the use made by the purchaser of such information. Furthermore, the buyer has the burden of verifying that the services and products offered within the E-Shop are actually compliant and adequate to the needs of the buyer, without this entailing any liability on the part of the supplier.
g) This website contains material which is owned by the supplier or which the supplier uses under a specific license. This material includes, but is not limited to, the design, graphics and final appearance of the website and is protected by copyright and / or other intellectual property rights. Reproduction of the site is therefore prohibited.
h) Unauthorized use of this website may give rise to claims for damages and o constitute a criminal offense.
i) This website may contain links to external websites. These links are provided solely for the convenience of the buyer in order to provide the aforementioned additional information. The provider assumes no responsibility for the content of external websites linked to its website www… .by links. The insertion of the links alone does not imply the recognition or approval by the provider of the linked sites or their contents, for which the operators of the linked sites remain solely responsible.
4. Conclusion and effectiveness of the Agreement.
4.1 The sole use of the E-Shop by the buyer is not sufficient for the purpose of concluding the contract between the buyer and the supplier and therefore does not give rise to any contractual or extra-contractual claims against the supplier.
4.2 The buyer must register on the website to access the E-Shop, indicating a “username” and “password” (“Access Codes”). The registration of the buyer’s data takes place in order to allow the supplier to manage the purchase and sale procedure and the related payment and does not constitute a final act of contact. To register correctly, a “username” and password must be provided. It is forbidden for the buyer to enter false and / or invented and / or fictional data in the preliminary registration procedure for using the E-Shop.
4.3 The buyer assumes the responsibility deriving from any activity carried out, including by third parties, through the use of his own Access Codes and is obliged to promptly notify the supplier of any violation or theft of his own Access Codes by third parties. .
4.4 The display of the Products in the E-Shop does not constitute a contract proposal from the supplier, but a mere invitation to propose. The order sent by the buyer, by clicking the button called “complete order” in the “Proceed to Purchase” section (“Order”) constitutes a contractual purchase proposal. After receiving the Order from the User, the supplier will send a communication via e-mail to the address indicated by the buyer, confirming receipt of the Order and specifying the details of the Order itself (“Confirmation of Receipt of Order”). This Order Receipt Confirmation does not constitute acceptance of the Buyer’s Order, but has the sole purpose of informing the User that the supplier has correctly received the Order. The purchase agreement between the buyer and the supplier is concluded only when the latter informs the buyer by e-mail that the Order has been accepted and that the Product has been shipped (“Shipping Confirmation”) .
4.5 The contract is not considered perfected and effective between the parties in default of what is indicated in the previous points.
5. Methods of payment and reimbursement
5.1. Any payment by the Purchaser can only be made by means of one of the methods indicated in the appropriate web page by the Supplier, or made online by credit card (VISA, MASTER, AMEX).
5.2. Any reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in the event of exercising the right of withdrawal, as governed by the specific clause of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
6. Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner indicated on the website …., as confirmed in the email referred to in point 4.2. The “Basic” shipping method is free for the buyer. The “Express” shipping costs are charged to the buyer in the terms indicated in the E-Shop. The Product is delivered exclusively in the Italian territory and it is not possible to make deliveries to a post office box address. As highlighted in clause no. 3 of this contract, the presentation of the Products in the E-Shop is aimed exclusively at buyers residing in the territory of the Italian Republic who indicate a delivery address within that territory. Users residing outside the Italian territory must access the E-Shop through the specific section reserved for the country of their residence.
6.2. The supplier has made reasonable efforts to be able to process an Order within 4 (four) working days of receipt of the
’Order itself. The courier service is operational from Monday to Friday from 9.00 to 17.00. The processing of Orders received on Saturdays, Sundays or holidays starts from the next working day. Barring unforeseen circumstances beyond the supplier’s control, the Product is delivered to the supplier within 5 (five) days of delivery to the courier. This delivery time is indicative and not binding. The Supplier assumes no responsibility for any damage resulting from delays in delivery. In case of non-delivery to the address indicated by the buyer in the Order, a second delivery attempt will be made to the same address. If the courier fails to deliver the Product even after this second attempt, the Product will be placed in the warehouse of the courier closest to the delivery address and a notice will be left to the buyer with the necessary information for collection.
6.3. Shipping methods, times and costs are clearly indicated and well highlighted at https://verdesalus.com/ shipping
7. Prices
7.1. All sales prices of the products displayed and indicated in the E-Shop are expressed in euros.
7.2. The sale prices, referred to in the previous point, include VAT and any other taxes.
Shipping costs and any ancillary charges, if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before placing the order by the buyer and also contained in the summary web page. of the order placed.
7.3. The prices indicated for each of the goods are valid until the date indicated in the catalog.
8. Availability of products
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will notify the Buyer if the asset is no longer bookable or what are the waiting times to obtain
the chosen asset, asking if it intends to confirm the order or not.
8.3. The Supplier’s computer system confirms the successful registration of the order as soon as possible by sending the user a confirmation by e-mail, in accordance with point 4.2.
9. Limitation of Liability
9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the purchased products, if he proves that he has taken all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
10. Liability for defects, proof of damage and compensable damages: the obligations of the Supplier.
10.1. Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. .
10.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product through the appropriate section on the E-Shop (“Complaint Form”) specifying the defects. The contested Product must be returned together with the printing of the Contestation Form.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered
or as faulty. The supplier is not responsible for defects in the Product that have been caused by delivery made by third parties. The supplier is not responsible for damages resulting from improper use of the Product, alteration of the same, normal wear and tear or negligence in the care of the Product.
10.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The injured party may seek compensation for damage caused by death or personal injury or the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7. Damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
11. Guarantees and methods of assistance
11.1. The Supplier is liable for any lack of conformity that occurs within two years of delivery of the goods.
11.2. For the purposes of this contract, it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the seller; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, in particularly in advertising or on labeling.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller has recognized the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt or by certified e-mail, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven days. working from receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer’s responsibility to indicate how to re-credit the amounts previously paid to the Supplier.
12. Obligations of the Buyer
12.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory for
before the purchase confirmation.
13. Right of withdrawal
13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2. In the event that the professional has not met the information obligations on the existence, methods and times for returning or withdrawing the asset in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 60 (sixty) days and runs from the day of receipt of the goods by the consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt to the address Via Rongone 14 Montelparo 63853 (FM), IT. By e-mail to the e-mail info@verdesalus.com provided that such communications are confirmed by sending a registered letter with return receipt to the address ……. within the following 48 (forty eight) hours or by certified e-mail to the e- address. mail …
For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that it is within the same terms. The delivery date to the post office or forwarder will be valid between the parties.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.5. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned. o risk to deteriorate or expire rapidly, from the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the financial market rates that the professional is not able to control and in any other case provided for by art. 55 of the cod. cons.
13.6. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to pay them. 13.7. The Supplier will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
14. Causes for Termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
15. Protection of confidentiality and processing of the Buyer’s data
15.1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
15.2. The personal and fiscal data acquired directly and / or through third parties by the Supplier, the data controller, are collected and processed in paper, computerized, telematic form, in relation to the processing methods, with the aim of registering the order and activating the against him the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b), Legislative Decree 196/2003). Furthermore, the data processing is aimed at managing the company mailing list as well as sending information and promotional material relating to new company products and / or services. The data is recorded on the server of the Data Controller company. These data are used for specific, explicit and legitimate purposes, collected and processed lawfully and fairly. Any civil and criminal liability for false and / or misleading and / or different information from the truth is total
charged to the supplier and no responsibility can therefore be attributed to the supplier.
15.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
15.4. Personal data will be disclosed, after signing a data confidentiality commitment, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose. In any case, the data provided by the buyer may be disclosed to third parties (companies and / or individuals) who carry out activities connected and instrumental to the provision of the services provided by the supplier.
15.5. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data which need not be kept for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the buyer can address any request at the company headquarters.
15.9. Anything sent to the e-mail address (including electronic) of the Supplier (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Supplier cannot be attributed any responsibility for the content of the messages themselves.
16. Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself, according to criteria of confidentiality and security.
17. Communications and complaints
17.1. Written communications directed to the Supplier and any complaints will be considered valid only sent by e-mail to the following address info@verdesalus.com
The Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent.
18. Copyright and trademarks
18.1 All the contents published on the site https://verdesalus.com including texts, documents, logos, images, graphics, videos, their arrangement and their adaptations are subject to the laws on intellectual property and protected by copyright. It is not allowed to copy, alter, translate, distribute, use, archive, publish these contents on other sites without the prior written authorization of the supplier. Any content and contributions made by third parties are marked as such.
The downloading, viewing and printing of the contents of this website is permitted for personal use only and excludes the user from having any rights or claims on such material.
19. Settlement of disputes
19.1. All disputes arising from this contract will be referred to the ordinary judicial authority. The competent court for the handling and settlement of the aforementioned disputes is that of the consumer’s place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, letter u) of the code cons. However, s
and the buyer, contrary to his statements during the order process, is not resident in the Italian Republic or if, after the conclusion of the contract, he moves his residence outside the Italian territory, or in the event that at the time of ” initiation of a legal action against the supplier, the exact residence is unknown, the place of jurisdiction for any dispute arising out of or in connection with this contract is …
20. Applicable law and reference
20.1. This contract is governed by Italian law, including the Consumer Code and the E-Commerce legislation referred to in Legislative Decree 9 April 2003, n. 70.
21. Final provisions
21.1 Without prejudice to the limits established by law, any claim of the buyer due to breach of contractual obligations and / or other obligations by the supplier is excluded in the event of force majeure events, such as, by way of example but not limited to, mobilization , war, riot and similar events such as fire, accidents, strike, block or export restrictions or other events in any case not attributable to the supplier.
21.2 Failure by the supplier to exercise the rights deriving from this contract does not imply a waiver of these rights and does not compromise the supplier’s right to make use of these rights subsequently. The buyer is therefore not relieved of its commitments to timely and fully fulfill its obligations under this contract.
21.3 The nullity or ineffectiveness of one of these clauses will not result in the nullity or ineffectiveness of this contract as a whole, which therefore will continue to be fully effective and binding. The parties undertake to negotiate in good faith and to replace the void or ineffective clauses with those not affected by nullity or ineffectiveness and whose content complies with the law.
21.4 Changes and additions to this contract must be made in writing. Communications and any declaration relating to this contractual relationship must be made in writing and sent to the supplier’s address as indicated above and to the address of the buyer indicated for the delivery of the Products.
21.5 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
