1.1. The following general conditions of sale regulate the purchase and sale agreement relevant to any purchase made via the e-commerce website (hereafter the “Site”) www.terrasolis.com. The Site, which is property of Inserbo s.r.l. – Strada Statale 18 Area PIP traversa Taverna Vecchia 2,
84012 Angri (SA) Italy – VAT no. IT05165890657, is managed by the Company Inserbo s.r.l. – Strada Statale 18 Area PIP traversa Taverna Vecchia 2, 84012 Angri (SA) Italy – VAT no. IT05165890657.
1.2. The Owner is not a party of this agreement but it is a holder of all the rights to the Site’s domain name, the logos, the registered trademarks relating to the products presented on the Site and it holds the copyright regarding the Site and its contents.
1.3. Any communication by the Consumer connected and / or related to this agreement – including any reports, complaints, requests concerning the purchase and / or delivery of the products, the exercise of the right of withdrawal, etc. – shall be sent to the Seller at the addresses indicated on the Site and to the e-mail address[email protected].
1.4. All purchases are regulated by the general conditions of sale published on the Site at the time the agreement is concluded pursuant to article 3 below.
1.5. The Site deals with retail sale and is intended for the exclusive use by Consumers only. The possibility to purchase products on the Site is therefore exclusively reserved to a “Consumer”, as a natural person acting for purposes unrelated to his/her business, trade or profession. Individuals who are not “Consumers” are advised not to execute purchase orders for products on the Site.
1.6. By submitting the purchase order the Consumer accepts that the confirmation of the information related to the order made and the general conditions contained in this agreement are sent to him by e-mail at the address stated during the registration with the Site. The Seller reserves the right not to execute orders from individuals other than the “consumer” or who do not comply with this commercial policy.
1.7. In order to validly conclude this agreement, the Consumer declares to be aged 18 or over and have legal capacity to act.
1.8. Any costs for the connection to the Site via the Internet, including any telephone expenses, are exclusively charged to the Consumer according to the rates applied by the operator chosen by the Consumer.
- Product features and availability in different geographical areas.
2.1. The products are sold by the Seller with the characteristics that are described on the Site at the time the order is sent by the Consumer and according to the general conditions of sale published on the Site at the time of transmission of the order, excluding any other term or condition.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at his discretion, in compliance with the current legislation. The products are offered according to the general conditions of sale indicated on the Site at the time the order is sent until stocks are exhausted.
2.3. Prices and goods sold on the Site are subject to changes without notice. Therefore, the Consumer is asked to check the final sale price before submitting the purchase order, in accordance with the following point 3.
2.4. The Seller reserves the right to modify the products on the Site or amend their characteristics at any time and without any notice or obligation.
2.5. The Seller reserves the right to make changes and amendments to any products offered on the Site, without the obligation to make such changes on those already sold.
2.6. This Site can be accessed by users from all over the world and it may contain references to products that are not available or cannot be purchased in the country of the visitor.
2.7. The Products displayed on the Site or intended for sale can be purchased exclusively in the countries listed on the Site at the time the order is sent.
- Execution of the agreement.
3.1. The presentation of the products on the Site is not binding for the Seller, it represents a mere invitation to the Consumer to make an offer to purchase and is not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller via the Site represents a valid contractual offer and is subject to these general conditions of sale, which are an integral part of the order. The Consumer, by sending the order to the Seller, shall accept these conditions fully and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale further to the notice concerning the withdrawal rights, to print a copy by clicking on the print option and save or keep a copy for his personal use. Furthermore, the Consumer will be asked to identify and correct any errors about his personal data.
3.3. The purchase order submitted by the Consumer is accepted by the Seller by sending to the Consumer an e-mail confirming the order. The confirmation e-mail will be sent to the address that he / she has declared to the Seller at the time of registration with the Site. The confirmation e-mail will include the link to the text of these general conditions of sale, the order summary and the description of the ordered product. The Consumer’s order, the order confirmation by the Seller and the general terms and conditions applicable to this agreement between the Parties, will be electronically filed by the Seller’s IT system and the Consumer may request a copy of the same by sending an e-mail to the Seller at [email protected].
3.4. The agreement is considered to be concluded when the Consumer receives the order receipt from the Seller by e-mail. Pursuant to the current legislation, the order and receipt of the order are considered received when the parties to whom they are addressed have the possibility to access them.
- Product selection and purchasing procedure.
4.1. The products presented on the site can be purchased through the purchase procedure on the Site. This procedure consists in selecting the products of interest and adding them to a virtual shopping cart. After selecting the products and adding them to the cart the Customer will be invited to register with the Site in order to proceed with the purchase and he / she will be asked to provide the required data, or to log in, in case the consumer is already registered, or to provide personal data in order to complete the order and allow the execution of the agreement. In order to allow the purchase, the Consumer will be asked to confirm his / her data (for example but not limited to: name, surname, etc.), as well as the address where to deliver the selected products, the billing address and a telephone number on which he / she can be contacted for any communication relating to the purchase made, in case these data are different from the ones provided during the registration. The Consumer will receive a summary of the order to be executed, whose content can be modified: therefore, the Consumer shall carefully read and expressly approve these general conditions of sale, by ticking the appropriate check mark (check-box) on the Site and finally, through the “Insert order” button, the consumer will be required to confirm his / her order, which will be definitively sent to the Seller and will produce the effects described in the previous paragraph 3.2. of this agreement. The Consumer will also be asked to choose the delivery option and the payment method, among those available. Should the consumer decide for the immediate payment method (contextual to the purchase) by credit card, PayPal or other payment methods indicated on the Site, he / she will be required to communicate the relevant data via a secure socket connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged only upon receipt of the order by the Seller.
- Goods delivery and acceptance.
5.1. Generally the Site indicates the availability of each product and the delivery time of the same, however, this information is to be considered purely indicative and not binding for the Seller.
5.2. The Seller undertakes to do everything in his power to comply with the delivery times indicated on the Site and, in any event, to perform the delivery within a maximum of 10 days from the day the order confirmation is sent to the Consumer.
5.3. Not being able to guarantee the availability of the products displayed on the Site, in the event that a product ordered by a Consumer is not available, the Consumer shall be promptly informed by the Seller and any payment already made by the Consumer shall be immediately refunded.
5.4. The shipment of the products ordered by the Consumer will take place according to the method selected by the Consumer, among those available and listed on the Site when the order is sent. The Consumer undertakes to check without delay, and in any case within and not beyond 3 days from the receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform within this deadline the Seller of any defects of the products received or of any discrepancy between the order and the goods actually received, following the procedure explained in the article 9 of this agreement. In the event that the packaging or wrapping of the products ordered by the Consumer arrives to destination evidently damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery “with rights reserved”.
5.5. After the term referred to in the previous paragraph 5.4., The delivered products will be considered definitively accepted by the Consumer.
5.6. Risk of loss. All items purchased from www.terrasolis.com are made pursuant to a shipping agreement, the risk of loss and the title of these orders is transferred to the Consumer as soon as the delivery of the items will be entrusted to the carrier. Without prejudice to the product warranty in order to protect the buyer from damage due to possible loss.
- Prices, shipping costs and taxes.
6.1. The price of the products is displayed on the Site at the time the order is placed by the Consumer. Product prices shown on the Site are VAT included, they do not include shipping costs, which are calculated before the purchase confirmation by the Consumer and which the Consumer agrees to pay to the Seller in addition to the price displayed on the Site and they are exclusive of any taxes or duties as required by laws in force in the country to which the goods will be delivered.
6.2. While placing the order, the shipping costs will be displayed on the Site depending on the country where the goods will be delivered, which the Consumer undertakes to pay in addition to the price of the products ordered.
6.3. The Consumer must pay the total price to the Seller, as reported in the order and confirmed in the order confirmation sent by e-mail from the Seller to the Consumer.
6.4. In the event that the products shall be delivered in a country not belonging to the European Union, the total price shown in the order and repeated in the order confirmation, including VAT, is net of any customs taxes and any other sales tax, that the Consumer undertakes from this moment onwards to pay, where due, in addition to the price shown in the order and confirmed in the order confirmation, according to the laws in force in the country to which the goods will be delivered. The Consumer is invited to address the competent bodies of his / her country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his / her country of residence or destination of the products.
6.5. The Consumer is required to pay any additional cost, charge and / or tax that a given country may apply, under any title to the products ordered according to this agreement.
6.6. The “Consumer” hereby declares that where, at the time the order is placed with the Seller, he / she is unaware of the costs, charges, duties and/or taxes referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this agreement and shall under no circumstances be charged to the Seller.
7.1. Orders placed through the Site can be paid by credit card or via PayPal, under the conditions described below. The Seller can allow additional payment methods by listing them in the Site payments section.
7.2. If the payment is made by credit card, the Consumer will be transferred to a secure Site and the credit card details will be communicated directly to Stripe, which is the operator responsible for payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted data transfer with a SSL (SecureSocketLayer) system at 128-bit. This data is not accessible even by the Seller.
7.3. Orders can be paid to the Seller by cash on delivery. The Consumer, in the case of payment by cash on delivery, expressly accepts to pay the courier once the goods have been delivered. The Consumer who chooses to pay by cash on delivery, is required to add to the total amount also the costs for payment on delivery which is € 5,80 in our case. Ultimately at the time when the goods are delivered, if the consumer had decided to pay on delivery, will be required to pay in addition to the cost of goods and shipping costs, a fee of € 5,80 representing the cost for this service.
7.4. In the event that the purchased products will be delivered to Italy, the Seller shall promptly send to the Consumer the invoice / tax documentation relating to the purchase made, electronically via e-mail to the address stated by the Consumer at the time of registration with the Site. In all other cases, the Seller shall promptly send the invoice / tax documentation in paper format by attaching it to the purchased products.
- Legal guarantee of conformity by the Seller, reporting conformity failures and warranty intervention.
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller provides the Consumer with a legal guarantee on the product for any lack of conformity with respect to the sales agreement that occurs within the term of 12 months from delivery to the Consumer of the product.
8.2. In case of conformity failures of the product, the legal guarantee allows the Consumer to obtain repair (where possible), replacement of the product, price reduction or contract termination, by contacting directly the Seller within a reasonable time and taking into consideration the nature of the product.
8.3. The warranty does not cover defects caused by improper use of the product outside of the instructions/warnings supplied in this regard by the Seller and/or the manufacturer.
8.4. Any report on the product’s lack of conformity shall be presented together with the proof of purchase issued by the Seller (fiscal document issued by the Seller or receipt of payment).
8.5. Within the term referred to in the previous paragraph 8.1., the notification on the lack of conformity shall be sent by the Consumer not beyond 10 days from the date on which the lack of conformity was found.
8.6. Any report on the lack of conformity shall be forwarded by the Consumer to the Seller by e-mail at [email protected]; the Seller will promptly inform the Consumer about the procedure to return or make the product available.
8.7. The Seller, through the customer service of the product manufacturer will carry out quality controls designed to verify the non-conformity of the products and will provide feedback to the Consumer via e-mail to the address provided during the registration with the Site.
8.8. In the event of the ascertained non-conformity of the product, the Seller will refund to the Consumer the price of the product including shipping costs incurred for the return of the non-conforming product or alternatively will provide the Consumer with the repair of the product or the replacement with a new product, at no cost to the Consumer; in the latter case, the non-conforming and replaced product will remain property of the Seller.
8.9. The above-mentioned refund will be made by the Seller to the Consumer by bank transfer or, where possible, by the same payment method used by the Consumer at the time of purchase of the product. It is responsibility of the Consumer to communicate to the Seller, always by e-mail at [email protected], the bank details to execute the bank transfer in his / her favor and to ensure that the Seller is put in a position to return the amount due.
- Defective products liability.
9.1. The provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code) are applicable to any damages caused by a defective product. The Seller, as a distributor of products through the Site, is free from any liability, without exclusions and / or exceptions, and shall indicate the manufacturer of the product concerned.
- Right of withdrawl.
10.1. The Consumer has the right to withdraw from this agreement, without any penalty, within 10 business days from the day on which the products are received, for any reason and without having to motivate his / her decision. In the event of the above, the shipping costs and any duties or additional taxes to reimport the product will be retained by the Seller, remaining the sole responsibility of the Consumer.
10.2. The Consumer may exercise the right of withdrawal, within the above-mentioned deadline by sending an explicit declaration of withdrawal by e-mail to the customer care address [email protected]. A Return Form will be provided to the Consumer with the relevant Return Code.
10.3. In order for the right of withdrawal to be validly exercised, in the event that the shipment or delivery of the ordered products has already taken place, the Consumer will be required to return the purchased products within the peremptory deadline of 10 business days from the receipt of the products or within 10 business days from the transmission of the Form and the Return Code, together with the Return Form adeguately filled in and complete with the Return Code provided, by delivering them to: Inserbo s.r.l. – Strada Statale 18 Area PIP traversa Taverna Vecchia 2, 84012 Angri (SA) Italy – VAT no. IT05165890657.
10.4. It remains understood that the risks and costs of transportation relating to the return of the products to the Seller shall be responsibility of the Consumer.
10.5. In order for the right of withdrawal to be validly exercised, the products must be delivered or in any case must arrive to the Seller intact (without any sign of wear, abrasion, scratches, deformation, etc.), complete with all their elements and accessories, together with the enclosed instructions / notes / manuals, with the original boxes and packaging and, where present, the warranty certificate. In absence of the above, the Consumer will not be entitled to a refund of the amount paid. For this purpose, therefore, we reccomend to cover the original packaging of the products with other protective packaging that preserves the integrity and protects it during transportation even from writing or stickers.
10.6. The Seller shall accept delivery of the returned products, reserving the right to verify that the same have been returned in the conditions described in the previous paragraph 10.5.
10.7. In the event that the verification of the returned products has a positive outcome and the right of withdrawal has been validly exercised within the terms and according to the procedure provided, the Seller will refund to the Consumer the full amount paid for the purchase of the products, including the shipping costs previously paid by the Consumer for the purchase itself, as soon as possible and in any case within 10 days from the date on which the Seller became aware of the Consumer’s right of withdrawal.
10.8. The above-mentioned refund shall be executed by bank transfer on behalf of the Consumer, it shall be the responsibility of the Consumer to communicate to the Seller, by completing the appropriate field in the Return Form, the bank details to execute the bank transfer in his / her favor and to ensure that the Seller is in a condition to be able to return the amount due. If the payment is made by credit card, the above-mentioned refund shall be executed within the terms indicated directly by refunding the amount due on the credit card used by the Consumer for the payment.
10.9. In case of shipment outside the European Union, the Consumer is required to specify on the customs declaration that it deals with a return or faulty product. Furthermore, returned goods must be declared without any commercial value. The Customer must be able to provide proof of delivery.
- Other withdrawl cases.
11.1. In the event that the Consumer verifies, within the period referred to in the previous paragraph 5.4., that the product received is faulty or does not correspond to the one ordered, the Consumer can report this, always within the above-mentioned deadline, to the Seller by sending a communication by e-mail to Customer Care at [email protected]. A Return Form will be provided to the Consumer with the relevant Return Code.
11.2. The Seller, after having carried out the appropriate controls, will invite the Consumer to return the purchased products within 10 days from the order, together with the Return Form filled in and complete with the Return Code provided, by delivering them to: Inserbo s.r.l. – Strada Statale 18 Area PIP traversa Taverna Vecchia 2, 84012 Angri (SA) Italy – VAT no. IT05165890657.
11.3. The product must be delivered or in any case must arrive to the Seller intact (without any sign of wear, abrasion, scratches, deformation, etc.), complete with all its elements and accessories, together with the enclosed instructions / notes / manuals, with the original boxes and packaging and, where present, the warranty certificate. In absence of the above, the Consumer will not be entitled to a refund of the amount paid. For this purpose, therefore, we reccomend to cover the original packaging of the product with other protective packaging that preserves the integrity and protects it during transportation even from writing or stickers.
11.4. Following the verification of the returned product on behalf of the Seller, should the necessary conditions exist, the latter shall refund to the Consumer the shipping costs sustained for returning the product and for delivering as soon as possible, with no extra cost, a new product or the product actually ordered, provided that it is available; on the contrary, only the amount paid for the faulty product shall be refunded.
11.5. The above-mentioned refund will be executed by bank transfer on behalf of the Consumer, it is responsibility of the Consumer to communicate to the Seller, by filling in the appropriate field in the Return Form, the bank details to execute the bank transfer in his / her favor and to ensure that the Seller is put in a position to return the amount due. If the payment has been made by credit card, the above-mentioned refund shall be executed according to the terms indicated by refunding the amount due directly on the credit card used by the Consumer for the payment.
- Intellectual property rights.
12.1. The Consumer hereby declares to be informed that all content on this Site is protected by copyright and other provisions in force concerning the intellectual property: all rights remain the exclusive property of Inserbo s.r.l. – Strada Statale 18 Area PIP traversa Taverna Vecchia 2, 84012 Angri (SA) Italy – VAT no. IT05165890657.
12.2. The content of the Site cannot be reproduced, either fully or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Inserbo s.r.l. – Strada Statale 18 Area PIP traversa Taverna Vecchia 2, 84012 Angri (SA) Italy – VAT no. IT05165890657.
- Consumer data and privacy protection.
13.2. The Consumer hereby declares and guarantees that all data provided to the Seller during the registration process are correct and true.
13.3. The Consumer may at any time update and / or modify his / her personal data provided to the Seller by accessing the appropriate “My Account” section on the Site upon authentication..
14.1. Although the Seller takes all necessary precautions to protect personal data against any loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided authentication (login), will not be accessible or viewable by unauthorized third parties.
14.2. As far as payments with credit card is concerned, the Seller uses the services of the Company Stripe, which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
- Force majeure.
15.1. The Seller shall not be liable in the event of total or partial default of his obligations under this agreement if such default is caused by unforeseeable events and / or natural events beyond his reasonable control, including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike by public and / or private workers, strike and / or restrictions on traffic conditions for couriers and air links.
- Applicable law and competent court.
16.1. The agreement shall be regulated and interpreted pursuant to Italian law.
16.2. The Parties mutually agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this agreement.
16.3. For any controversy arising from this agreement or relating to it shall be competent: a) the Court of the place of residence or domicile of the Consumer, if “consumer” pursuant to the laws in force; b) exclusively the Court of Naples, Italy, in any other case.
16.4. For all matters not expressly provided for herein, the provisions of Italian law shall be applicable and in particular, for consumers, the provisions in Section II, Chapter I, Title III of the Italian Legislative Decree no. 206/2005 and subsequent amendments and supplements (Consumer Code).
17.1. The Parties may not cede or otherwise transfer to third parties any of their rights and obligations arising from this agreement without the prior written consent of the other party.
- Validity of the clauses.
18.1. The headings of the clauses used here are to be considered purely indicative and have no effect on the identification of the content and interpretation of this agreement.
18.2. These terms and conditions do not affect the rights attributed by Italian law to the Consumer, which acts as a Consumer, or the rights guaranteed to the same by the mandatory provisions of the law to which he / she is subject.
18.3. In the event that a clause or a part of a clause of these general conditions should be deemed invalid because in contrast or contrary to a law, all other clauses of this agreement or parts of the same clause shall remain fully valid and effective.
- Final provisions.
19.1. This agreement replaces all contracts, agreements and understandings previously in force between the Parties and, together with the order, the order confirmation and the general conditions relating to the use of the Site, constitutes the entire agreement between the Parties relevant to the purpose of this agreement.
19.2. The Consumer hereby declares that he has not been induced to adhere to the present agreement by previous verbal declarations.
19.3. Any change or modification to this agreement shall be accepted in writing by both parties.