Terms of service
The present General Terms and Conditions of Sale govern the sale of plants cultivated by the company Green Planet S.r.l., a simple agricultural company (hereinafter Green Planet S.r.l.), with registered office at Via Ferdinando Russo, 29 - 80123 Naples (NA).
All contracts for the distance selling of plants by Green Planet Srl to its customers are regulated by these General Terms and Conditions of Sale (GTC), which are specifically approved by the customer in accordance with Articles 1341 and 1342 of the Italian Civil Code, forming an integral and substantial part of each purchase order. The GTC applicable to each order are those in force on the date of the order itself.
All orders placed on the website are considered made by private customers for their personal use.
Orders
1.1. By placing an order on the online store www.botanicalarchive.com, the customer declares to have read all the information provided during the purchase process and fully accepts the general and payment conditions as transcribed below.
1.2. The sale of products takes place remotely. The order will be automatically recorded and acquired complete with these GTC, specifically approved under Articles 1341 and 1342 of the Italian Civil Code. The order can be changed after acquisition only by phone, fax, email, respectively to the numbers and email address indicated on the website in the contact section.
1.3. Each order constitutes a contractual acceptance by the customer, and the sale is considered concluded at the time of order registration and will be processed only after compliance with art. 6.1. Green Planet S.r.l. reserves the right not to fulfill incomplete orders or those not signed by the customer or not specifically approved in writing under Articles 1341 and 1342 of the Italian Civil Code.
1.4. In case of non-execution of the order by Green Planet S.r.l. due to unavailability, even temporary, of the products, Green Planet S.r.l. will inform the customer, refunding any advances received for such products. In this case, the customer will not be entitled to any further refund or compensation.
1.5. The customer has no right to compensation or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things caused by the non-acceptance, even partial, of an order. In the event of unforeseen unavailability of the goods and non-acceptance of the order, no charge will be made to the customer.
Products
2.1. The sale concerns plants that will be sent to the customer in the manner and times specified in art. 4.1. For other types of plants, the customer must coordinate with Green Planet S.r.l. each time.
Prices
3.1. The prices of plants and transport published by Green Planet S.r.l. on the website are valid on the date of the order and include VAT. VAT is calculated based on the rate in force on October 6, 2014. Any regulatory changes regarding variations in VAT or other sales taxes will result in an adjustment in the shipping statement. Transport prices depend on the number of plants and the destination, as better specified in 6.1.
Limitation of Liability
4.1. Green Planet Srl assumes no responsibility for services attributable to force majeure in case it fails to execute the order.
4.2. Green Planet S.r.l. cannot be held responsible towards the Buyer, except in cases of willful misconduct or gross negligence, for malfunctions or malfunctions connected to the use of the internet, beyond its control or that of its subcontractors.
4.3. Green Planet S.r.l. will not be responsible for damages, losses, and costs incurred by the Buyer due to the non-execution of the contract for reasons not attributable to him.
Shipments
5.1. Orders will be processed according to the date of their acquisition and may experience some delay depending on the climatic conditions of the moment.
5.2. Transport is considered up to the nearest point to the specified address, in Italy, reachable by the carrier; the transport contribution includes the related unloading but not the handling or transport to the floor. The seller is not responsible for additional transport costs generated by inaccuracies and/or incompleteness of the delivery data indicated by the customer on the order form.
5.3. Orders to be delivered to so-called "inaccessible" delivery locations, such as hospitals, hotels, businesses, universities, or public buildings, are not guaranteed. If the order must be delivered to one of these locations, you must provide the name and telephone number of the location in question and as much detail as possible, such as the department name, room number, the name the recipient registered with at the hotel. Green Planet S.r.l. will try to deliver your order in compliance with the rules of each building; however, we will not be held responsible if these organizations prevent it. Green Planet S.r.l. cannot authorize any refund if it was not possible to deliver an order due to the circumstances mentioned above.
Claims
6.1. All claims, to be accepted, must be made by registered mail within five days of receiving the packages.
Warranty for Defects
7.1. Green Planet S.r.l. will provide, in relation to Products purchased by the consumer customer, the legal warranty of conformity under the conditions and terms set out in Articles 128 and following of the Consumer Code.
7.2. In particular, the rights arising from this warranty can be exercised on the condition that the Products have been used correctly, with due diligence and in compliance with the intended use and what is provided for in the enclosed instructions, as well as upon presentation by the Customer of the delivery note received with them and indication of the order number.
7.3. The costs related to the return of products due to the exercise of the warranty will be borne by the Consumer.
7.4. In any case, any complaints about defects or defects, even resulting from the packaging of the shipped goods, must be received in writing by Green Planet S.r.l., by fax or registered letter, within 5 days from the receipt of the contested batch, in the section on delivery methods and times.
7.5. The Customer is required to accompany any complaint of defects with photographs representing damage to the goods.
7.6. If the sold Product is found to be defective, Green Planet S.r.l. may propose to the Customer either a partial refund of the purchase price in proportion to the severity of the defect found or the replacement of the Product. The latter option is excluded for minor defects that do not affect the intended use or the external appearance of the Product in any way.
Payment Methods
8.1. Payment can be made by credit card or by bank transfer. In the latter case, the order number and the name of the order holder must be indicated in the payment reason.
Invoicing and Accuracy of Data
9.1. Pursuant to Legislative Decree no. 633/1972, Green Planet S.r.l. is not responsible for the accuracy of the data indicated in the order form by the customer, for whom an invoice will be issued only if requested at the same time as sending the order form.
Applicable Law and Competent Court
10.1. The plant sales contract concluded by placing an order is considered concluded in Italy at Green Planet S.r.l. and is governed by Italian law.
10.2. For any dispute, the competent jurisdiction is that of Arezzo.
ODR - Online Dispute Resolution
11.1. For online dispute resolution, according to Regulation No. 524/2013 of May 21, 2013, of the European Parliament, this website provides the contact email address: info@botanicalarchive.com and the link to the online dispute resolution platform: ec.europa.eu/consumers/odr
Right of Withdrawal
In accordance with Legislative Decree no. 185 of May 22, '99, and subsequent amendments, the consumer can withdraw from any order within 14 (fourteen) working days from receiving the products. The right of withdrawal must be exercised through written communication sent to Green Planet S.r.l. in Naples, Italy.
Conditions for Right of Withdrawal
- The right applies to the entire purchased product.
- The purchased item must be intact and returned with full tracked shipments in its original packaging within 30 working days from receipt.
- The consumer bears the cost of returning the products.
Exceptions to Right of Withdrawal
The right of withdrawal is not allowed for goods whose price is less than 50 euros and is excluded for certain contracts listed in Article 59 of the Consumer Code.
Intellectual Property Rights
11.1. The website, mobile sites, trademarks, logos, graphics, photographs, animations, videos, texts, and any other content are the exclusive intellectual property of Green Planet S.r.l. or third parties and may not be reproduced, used, or represented without explicit authorization.
11.2. Information and advice on the website are intended solely for personal use.
11.3. Green Planet S.r.l. or those who have granted the right to use botanicalarchive.com have copyright over all texts, writings, photos, design, and content, including software collections, with all rights reserved.
11.4. No part of our website may be reproduced mechanically or electronically without the prior written consent of Green Planet S.r.l. or the intellectual property rights holder.
11.5. Names, logos, slogans, or other statements may be trademarks. Unauthorized use of the trademark is illegal.