Terms and Conditions of Sale

These general terms and conditions of online sales govern the contract of sale and purchase (hereinafter, the “Contract”) of products (hereinafter, the “product” or the “products”) offered by GREEN HABITAT SRL via Fiume Vecchio 128/A – 40062 Molinella (Bo) – Italy, CF/VAT number 03460751203, – through its website http://www.greenhabitat.it (hereinafter, the “site”) to users of the site (hereinafter, the “customers” or the “customer”). These general conditions of sale are intended to refer only and exclusively to customers who qualify as “consumers” under Art. 3, co. 1(a) of Leg. September 6, 2005, no. 206, i.e., “natural persons acting for purposes outside their business or professional activity, if any.” All information on the site is in Italian. The customer declares, that he/she has read all the above information and general conditions of sale, before placing the order. The customer also declares that he/she has the legal capacity to commit according to the provisions of these general conditions.

1. Item

   The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online store http://www.greenhabitat.it

2. Territory and supply coverage

   This version of the general conditions of sale refers only to sales made to consumers having their domicile or residence in Italy.

3. Contract documents

   This contract consists of the following documents:1. these general conditions of sale 2. the order confirmation. Photographs illustrating products on the site are outside the scope of the contract and are shown for descriptive purposes only.

4. Receiving order

   Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer that can be called into question only in the cases provided for in this contract in the articles “Right of withdrawal” and “Execution of the order”. If the user does not agree with some of the terms in the general conditions of sale, he/she is invited not to place the order and to contact the staff of GREEN HABITAT SRL for any clarification.

5. Order acceptance

   The conclusion of the contract will occur only upon confirmation of the order by GREEN HABITAT SRL . The customer will receive by e-mail an acknowledgement of receipt showing confirmation of the order with all the constituent elements of the contract (including products ordered, prices, delivery dates, shipping costs). GREEN HABITAT SRL reserves the right not to confirm an order for any reason pertaining specifically to a product supply problem, or a problem regarding the order received. GREEN HABITAT SRL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the customer’s completion of the purchase order. GREEN HABITAT SRL can also not be held liable for any damage that may occur to the products after delivery to the carrier in charge of their transportation as well as for delays in delivery attributable to the latter.

6. Product availability

   The offers on this site will be valid as long as the products listed remain online and while supplies last. GREEN HABITAT also reserves the right to notify the customer, within 20 days of purchase, at the email address associated with their profile, if one or more of the products purchased are unavailable. In case of purchase of product no longer available GREEN HABITAT SRL will refund (to the payment card or Pay Pal account indicated by the same for the purchase or by bank transfer whose details are intended to be communicated after registration) the price and shipping costs incurred by the customer. However, the unavailability of one or more of the products ordered will not give the customer the right to cancel the entire order.

7. Prices – invoice

   Prices are in Euros and include VAT at 4%, 10% or 22% depending on the type of merchandise. The price guaranteed to the buyer is the price published on the site when the order is placed. Product prices are final. They do not include any delivery charges, which will be indicated in the order confirmation. In case of promotional prices or discounts, the initial price on which the discount or promotion is applied is the official list price provided by the brand.

8. Payment

   The customer who intends to proceed with the purchase of the products must express this will through a request made directly on the site, in the specially dedicated section, where, following the procedures indicated therein, he will send his purchase order and make payment. Payment of consideration is due from the time of order. The customer agrees to pay the agreed price for the product ordered on the site (price of products and transportation) through the available payment methods. The customer warrants to GREEN HABITAT SRL that he/she has any necessary authorizations to use the payment instrument indicated in the order. If GREEN HABITAT SRL does not receive payment, GREEN HABITAT SRL reserves the right to cancel the order. In the case of payment by credit card, GREEN HABITAT SRL reserves the right to request the sending, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the required sending, GREEN HABITAT SRL may refuse the payment and cancel the order. Payment data will be processed through a secure server-to-server connection using Secure Sockets Layer (SSL) Protocol.

9. Risk transfer

   The transfer of risk to the customer occurs upon delivery of the products to the carrier by GREEN HABITAT SRL. During the withdrawal period mentioned in Article 13, the customer is responsible for the object as the custodian. If the product is damaged or destroyed while in the custody of the customer, the customer will suffer all the consequences.

10. Order execution

    The order will be executed within the terms specified on the Site and upon acceptance of the order by GREEN HABITAT SRL and in any case within 30 days after confirmation of the order subject to the availability of the product ordered and unless specifically agreed between the parties. In case of stock depletion or unavailability of the ordered product, GREEN HABITAT SRL undertakes to inform the customer as soon as possible and specify a possible term of renewed availability. See Article 6 regarding product availability.

11. Delivery

    The geographical area of delivery corresponds to the geographical area of supply coverage. Deliveries are made Monday through Friday. Products are delivered to the address given by the customer. Delivery is intended at street level. Unless otherwise specified at the time of purchase, GREEN HABITAT SRL does not provide installation service for the products sold. GREEN HABITAT SRL , subject to the provisions of Art. 6, undertakes to deliver the products to the address provided by the customer in the purchase order, through the carrier responsible for transporting them. GREEN HABITAT SRL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the customer’s completion of the purchase order. GREEN HABITAT SRL may also not be held liable for any damage that may occur to the products after delivery to the carrier responsible for transporting them as well as for delays in delivery attributable to the latter. GREEN HABITAT SRL makes deliveries throughout Italy. Deliveries to inconvenient ZIP codes may result in changes in the quoted freight rates. Delivery is made by couriers selected by GREEN HABITAT SRL ; Post Office Boxes are not considered valid addresses for delivery purposes. The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute evidence in the matter of transportation and release of the good. Upon delivery, the customer should check the content, conformity and condition of the product(s). In the event of delays, breakdowns, total or partial loss, or other problems, it is the customer’s right to appeal to the carrier without GREEN HABITAT SRL’s liability ever being incurred. Therefore, upon delivery, GREEN HABITAT SRL recommends the customer to proceed to check the status of the delivered products before signing the receipt document. If anomalies are found, the customer must refuse to accept delivery of the products or put their reservations, detailed and dated, in writing. Such reservations must be confirmed to GREEN HABITAT SRL by registered mail with return receipt within three (3) working days after delivery of the products.

12. Withdrawal of products when the customer is absent

    If the recipient is absent during the delivery, the carrier will leave a notice of passing at the delivery address given by the customer. If the consignee is absent even on the second delivery attempt, the products must be picked up at the address and in the manner specified by the carrier. In case of failure to collect the products within the deadline set by the carrier, the products will be returned to GREEN HABITAT SRL, which reserves the right to refund the price of the products, deducting any storage and return costs borne by the customer.

13. Right of withdrawal

    The customer has the right to withdraw from the Contract, without penalty and without specifying the reason, from the receipt of the order confirmation sent by GREEN HABITAT SRL no later than the term of fourteen (14) days from the receipt of the product at the address indicated for delivery. Full proof of receipt is the date on the delivery note. The customer may exercise the right of withdrawal through the relevant wizard found on the site in the section dedicated to his or her account “your profile” or alternatively through the e-mail address businnes@greenhabitat.it If the product has already been delivered, the customer is required to return it to GREEN HABITAT SRL . To this end: 1. the deadline for returning the product shall be fourteen days from the receipt of the product; the date on the delivery document shall be full proof. For the purposes of the deadline, the product is considered to have been returned when it is delivered to the accepting post office. 2. where there has been delivery of the product, the substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. the customer must send the product properly wrapped and packaged; GREEN HABITAT SRL does not accept damaged returns, but kept in normal condition, kept with the use of normal diligence. Products damaged by detergents/additives, or products damaged by the customer due to inexperience will not be replaced or refunded. The customer must place a copy of the delivery document received inside the packing box. The risks of transportation for the return of products are fully borne by the customer. 3. The cost of returning the goods to GREEN HABITAT SRL shall be borne by the customer, if the customer exercises the right of withdrawal in accordance with the provisions set out in these terms of sale, GREEN HABITAT SRL will refund the amounts paid by the customer to the credit card or Pay Pal account or through the bank details communicated by the same. The refund will be made free of charge, within the period of 14 days from the date GREEN HABITAT SRL became aware of the customer’s exercise of the right of withdrawal. As stipulated in Legislative Decree 6/9/2005 no. 206 and Article 55 of the Consumer Code, the right of withdrawal governed by these terms and conditions of sale does not apply to goods that are custom-made or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly.

14. Guarantees and exclusion clauses

    GREEN HABITAT guarantees the products in accordance with the law. Any liability for damages of GREEN HABITAT, as seller, not provided for by mandatory legal regulations is excluded.
    The Purchaser agrees not to use the products for any use other than that for which they are intended and suitable, and to comply with the instructions provided by GREEN HABITAT together with the products for the use, installation and maintenance of the same, under penalty of forfeiture of the same from the warranty referred to in the preceding clause.
    The Buyer releases GREEN HABITAT from liability for undergrowth odor and color tone change attributable to the natural origin of the product especially for “stabilized natural green.”
    Again with reference to supplies of “stabilized natural green” the Buyer by signing these general conditions of sale is made aware that he/she must not expose the product to direct sunlight, that he/she must not place the product in contact with heat sources or heating systems that he/she must not irrigate or spray or cleanse the product with water; that the product can only be used indoors with a humidity level of not less than 40 percent; consequently, the Buyer releases GREEN HABITAT from any responsibility for any use and/or mode of storage of the product that differs from the indications provided by GREEN HABITAT.

15. Use of the site

    Product descriptions and images on the site correspond to what is made available by GREEN HABITAT SRL’s suppliers to GREEN HABITAT SRL itself. Photographs and videos of product presentations accompanying descriptive information are posted on the site for descriptive purposes, taking into account the fact that the quality of images, including an exact display of color variants, may depend on software and computer tools used by the customer at the time of connecting to the site. GREEN HABITAT SRL assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as not dependent on its own will.

16. Intellectual and industrial property rights

    GREEN HABITAT SRL informs you that the site, as well as all trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by applicable intellectual and industrial property rights, and that any kind of reproduction, communication, distribution, publication, alteration or transformation, in whatever form and for whatever purpose they occur, is prohibited. GREEN HABITAT SRL reserves the right to take legal action to protect these aspects. GREEN HABITAT SRL assumes no responsibility for the trademarks and other distinctive signs that appear on the products it markets on the site, with respect to which the customer acquires no rights as a result of the conclusion of the Contract.

17. Protection of personal data

    GREEN HABITAT SRL is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. For information regarding the processing of personal data, including the rights under Art. 7 of D. lgs. 196/03, please refer to the detailed information already provided when registering at http://www.greenhabitat.it

18. Electronic signature

    The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

19. Integrity of the contract

    These general terms and conditions constitute the entire obligations of the parties. No other general or particular conditions communicated by the customer shall be included in or exempt from these general conditions.

20. Nullity

    Should one or more of the provisions of these general conditions be deemed invalid or declared invalid pursuant to a law, regulation, or as a result of a final decision made by a competent jurisdiction, the other provisions shall retain their full force and effect.

21. Communications

    For any communication you can contact GREEN HABITAT SRL at the following addresses: GREEN HABITAT SRL via Fiume Vecchio 128/A – 40062 Molinella (Bo) – email: business@greenhabitat.it

22. Product images and description

    Product images and descriptions are for illustrative purposes only and may therefore not be fully representative of product features, differing in color, size, or accessories.

23. Applicable law

    The contract of sale between the Customer and GREEN HABITAT SRL is concluded in Italy and governed by Italian law