S.I.R.P.E.A. General Terms and Conditions of Online Sales
These general terms and conditions of sales (hereinafter “General Conditions”) are applied to all product sales (hereinafter "Product" or "Products") bought through our website internet https://veganandorganic.com (hereinafter the "Site").
The available languages used for this purchasing agreement are English and/or Italian. The Customer is required to carefully read the General Conditions, print and keep a copy for their reference as per art. 12, n. 70 of the Italian Legislative Decree dated April 9, 2003.
The terms of sale herein govern the purchasing agreement between the consumer and S.I.R.P.E.A. (as defined hereinafter) and is regulated exclusively by Italian Laws, in particular, by the n. 206 Legislative Decree dated September 6, 2005, ("Consumer’s Code") and by the n. 70 Legislative Decree dated 9, April 2003, (hereinafter, "Ecommerce Decree").
2. Seller’s identification
The seller is S.I.R.P.E.A. S.p.A., with registered headquarters in: Via della Liberazione 56 – 20098 San Giuliano Milanese (MI) Italy, VAT Number and Fiscal Code: 00748000155, Rea: MI 353232 (hereinafter "S.I.R.P.E.A.")
3. Product Info
“Product” information that is susceptible to online sale through the Site, is available on the Site with individual identifying reference numbers for each Product. Such info is available according to articles 52 and 53 of the Consumer’s Code.
The prices of the products include all taxes and duties. With regard to shipping costs see the appropriate box. All the prices shown are in Euro.
5. Product ordering
Before sending the order, the Customer may correct any inexact information following the appropriate editing instructions contained in the Site. In particular, the Customer may modify the quantity of the products he wants to purchase, adding or cancelling one or more Products in the “cart”.
By sending the order, the Customer recognizes and declares that all information checked during the purchasing procedure is correct and that the General Conditions are fully accepted.
The Customer will be able to track the state of the order through the area "Orders" of the account. S.I.R.P.E.A. reserves the right to accept or reject the order. In case S.I.R.P.E.A. doesn’t accept the Customer’s order the Customer will be notified within 30 days of the Customer’s order and reimbursed in case of advance payment.
6. Payment conditions
The Customer will handle the costs of both the Products and shipping involved, by credit card, PayPal or bank transfer.
The following credit cards are accepted for payment by S.I.R.P.E.A.:
· American Express
The Customer’s credit card will be debited with the transaction only after:
a) data of the credit card is checked,
b) debit authorization of the credit card used by the Customer is received from the issuing bank
c) S.I.R.P.E.A. confirms Product availability.
S.I.R.P.E.A. accepts payments by PayPal or by Bank Transfer too. Bank charges shall be handled by the Customer for payments by bank transfer. In the event that, for any reason, it is impossible to debit the Customer with the amount due, the selling procedure will be automatically suspended and the sale automatically cancelled.
7. Confirmation of the receipt of order
In compliance with art.53 of the Consumer’s Code, at the moment of the agreement, the Customer will receive, by email, the confirmation of the receipt of the purchasing order sent by the Customer, containing the progressive number assigned, a summary of General Conditions, the essential characteristics of the Product ordered, its price, the amount paid, the existence of the right of withdrawal – with terms and conditions for returns – the geographic address to send possible complaints and info about the existing assistance services and commercial warrantees.
8. Validity of the order
No agreement may be concluded between S.I.R.P.E.A and the Customer if S.I.R.P.E.A. has well-grounded reasons to deem the Customer is not acting with an effective and genuine interest in the purchase of the products ordered or if he is taking up abusively the right of withdrawal recognized by the art. 10 below. Under these conditions, the order placed by the Customer must be considered invalid. S.I.R.P.E.A. will send the Customer, by e-mail, a communication declaring the non-conclusion of the agreement, and will take care of cancelling any debit and/or charge borne by the Customer.
9. Forwarding and delivery
The Products purchased on the Site will be delivered to the address specified by the Customer. The delivery slip will have to be signed by an over 18-year old adult. No deliveries to post office boxes will be accepted.
For every order placed through the Site, S.I.R.P.E.A. will issue an invoice for the goods shipped and send it by e-mail or by ordinary mail to the Customer, in compliance with D.P.R. 445/2000 and D.Lgs. 52/2004. The details given by the Customer while placing the order will be used for invoice issuing. No change will be possible on the invoice after it is issued.
Delivery costs when handled by the Customer, are clearly highlighted on the Site and on the order file. All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, except Sundays and public holidays. S.I.R.P.E.A. is not responsible for non-predictable delays.
When the Products are dispatched, S.I.R.P.E.A. will send a confirmation e-mail with tracking number in order to follow the delivery status through the Courier’s site.
In any case, except for reasons of force majeure or accidental events, in compliance with the art. no. 54 of the Consumer’s Code, the Products will be delivered within max. 30 (thirty) days after the date of the Customer’s order sent to S.I.R.P.E.A. In case the goods ordered cannot be delivered because of a sudden, even temporary, unavailability of the Products, S.I.R.P.E.A. will inform – within the same term, by e-mail – about such impossibility. If so, S.I.R.P.E.A. will reimburse the amount to the Customer, if the goods were prepaid.
In the event that the Customer wishes to cancel his Order, following S.I.R.P.E.A.’s communication regarding the delivery delay, the prepaid amount will be reimbursed as soon as possible, at the latest 30 (thirty) days after the date of the Customer’s order sent to S.I.R.P.E.A.
For the delivery of the goods the presence of the Customer or an entrusted person is required at the address stated in the order. At the moment of the Courier’s delivery of the goods, the Customer must check that the number of items corresponds to the number declared on the delivery document and that the parcel is undamaged and untampered. If the parcel and/or the Products are damaged or the number of items does not correspond, the Customer must sign “with reservation” the Courier’s delivery documents and immediately forward copies of these documents to S.I.R.P.E.A. Once the Courier’s documents are approved with the Customer’s signature with no “with reservation” marked on them, the Customer will not be able to raise any objection regarding the conditions of the parcel.
10. Right of withdrawal
S.I.R.P.E.A. applies a Total Satisfaction Guarantee or your money back policy. In compliance with art. no. 64 of the Consumer’s Code, the Customer has the right to withdraw from the purchasing agreement, without specifying the reasons for and return the Products purchased through the Site within 14 (fourteen) calendar days as of the date of receipt of the Products.
In order to exercise the right of withdrawal, the Customer must send a communication to the following address: email@example.com with the following information:
· a) the declaration of one’s will to exercise the right of withdrawal in compliance with art. no. 64 of the Consumer’s Code;
· b) the names of the Products for which the Customer intends to exercise the right of withdrawal;
· c) the progressive number of the order released at the moment of the purchase;
· d) data relevant to the Customer’s bank account, only in case the Customer has paid by bank transfer.
The above communication may be sent, within the above term of 14 (fourteen) days, by e-mail , cable or facsimile.
In case of the right of withdrawal exertion, S.I.R.P.E.A. will fully reimburse the cost of the Products, provided these are returned new and in their original state and only in case the return policy instructions are strictly observed. S.I.R.P.E.A. has the right to refuse the return of Products that don’t comply with such requisites. The reimbursement procedure will undergo the same modalities applied to the purchasing procedure. Shipping costs for the return of the Products will be exclusively handled by the Customer; no return shipping costs will be reimbursed by S.I.R.P.E.A.
The product/s returned, must be integral and in good state (including the samples contained therein), to the following address: S.I.R.P.E.A. S.p.A. - Via Della Liberazione 56 - 20098 San Giuliano Milanese (MI) Italy.
S.I.R.P.E.A. will reimburse the Customer in good time within a period of max. 30 (thirty) days as from the date of receipt of the Products. S.I.R.P.E.A. will send the Customer an e-mail confirmation of the reimbursement.
S.I.R.P.E.A. will not be responsible for the reimbursement or compensation concerning Products that were returned but never received by S.I.R.P.E.A., owing to loss, theft or damages which cannot be attributed to S.I.R.P.E.A.
In case the Customer wishes to modify or cancel the purchasing order sent, an e-mail must be sent in good time to the address firstname.lastname@example.org. Once the Product has been shipped, the order cannot be cancelled or modified until the Products are returned and have reached S.I.R.P.E.A. In this case, please refer to the above procedure for the return of the products.
11. Non compliance
In case of non compliance of the Products sold by S.I.R.P.E.A., the Customer must immediately contact S.I.R.P.E.A. by using the following e-mail address: email@example.com. S.I.R.P.E.A. will manage the return of the non-compliant product/s. The legal warantees foreseen by articles no. 129, 130 and 132 of the Consumer’s Code are applied in the sale of the Products.
The customer has the right to the replacement, without charge, of the Product not in perfect condition. The customer withdraws from these rights if he does not denounce the lack of conformity within 14 days from the date of receipt of the products
12. Product substitution
In case of shipping errors, the customer can request the substitution of the Products purchased through the Site.
To obtain the replacement for a Product, the following procedure must be followed. The customer must keep all the documents relevant to the delivery and the Product itself in its original packaging (including the samples contained therein) and immediately contact S.I.R.P.E.A. by e-mail at the following address: firstname.lastname@example.org.
Shipping costs for the return of the Product will be handled by S.I.R.P.E.A..
The substitution of the Product will be sent to the Customer by Courier without further shipping costs.
Product information on the Site will be constantly updated. The full absence of errors cannot, however, be guaranteed.
S.I.R.P.E.A. has the right to correct errors, imprecisions or omissions even after an order has been sent, as well as to change or update information at any moment without any previous communication.
14. Law applicable and jurisdiction
These General Conditions are subject to the Italian law exclusively and must be interpreted according to the Italian laws.
The mandatory territorial competence will be Milan (Italy) for all litigation deriving from the interpretation, the validity and/or the execution of these General Conditions.
For further information please write to the following e-mail address:
email@example.com, or to the following postal address: S.I.R.P.E.A. S.p.A. Vegan & Organic Customer Care - Via Della Liberazione 56 – 20098 San Giuliano Milanese (MI) Italy.