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TERMS AND CONDITIONS OF USE
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These general terms and conditions regulate the purchase of products on the site www.perorganics.it, carried out under the regime of e-commerce, and governs its use.
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The online sale of products on the site www.perorganics.it is regulated by the rules of the Consumer Code
D. Lgs. 206/2005 and the Code of Electronic Commerce D. Lgs. 70/2003.
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The purchase of products is intended for consumers according to the definition of the Consumer Code, is exclusively personal and is not allowed to carry out professional activities.
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The Buyer can print and/or save these terms and conditions using the normal browser functions.
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DEFINITIONS
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For purposes of this electronic contract, the following shall mean:
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Website: www.perorganics.it
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Seller: the company PERORGANICS di Florea Cristina, VAT No.: 03102150210, with registered office in Bolzano BZ, Via Brennero, 15 - (39100) Italy.
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Users: anyone who accesses the Site and continues browsing, who decides to register on the Site, creating an account and entering their data, as indicated later in these general conditions of sale.
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Buyer: anyone who purchases products sold through the Site.
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General Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Buyer.
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Products: cosmetic and beauty care products.
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Consumer: the natural person acting for purposes unrelated to professional or business activity.
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Order: the purchase proposal made by the User through the procedures of the Site and in particular through the shopping cart.
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Shopping Cart: the phase of the purchase procedure in which the User formulates his/her own purchase proposal, selecting the payment and delivery methods of the goods.
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E-Commerce: particular type of commerce, regulated in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the contract at a distance thanks to the services of the information society, without their simultaneous physical presence. Given the distance, the delivery of products is not simultaneous and usually takes place through shipment by third operators (couriers/shippers).
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OBJECT OF THE CONTRACT
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The content of these General Terms and Conditions shall govern all contracts concluded between Buyer and Seller concerning Products offered through the Site. A contract is subject to the version of the Terms and Conditions applicable at the time the contract is concluded.
Any terms of Buyer that contradict or deviate from these Terms and Conditions shall not form part of the contract unless expressly agreed to in writing by Seller.
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The Seller reserves the right to modify these General Conditions at any time and without prior notice. In this case, the changes made will be effective according to law, without the need for specific and further approval.
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The relationship will be governed by the text of the General Conditions published on the Site at the time the Customer sends the Purchase Order. The Supplier therefore invites the Customer to read the text of these General Conditions always before sending the Purchase Order, in order to check the updated text at the time of the Order itself. Updates will be indicated in the header of the text with the date of last update.
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If any term of these terms and conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not extend to the remaining terms and conditions of these terms and conditions.
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PRODUCTS
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The Site allows the retail sale, through distance contracts, of cosmetics and beauty care products.
GEOGRAPHICAL AREA OF DELIVERY
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The Products offered through the Site are delivered throughout Italy. For possible deliveries abroad please contact the Seller through the following e-mail address: info@perorganics.it.
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HOW TO REGISTER TO THE WEBSITE
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Registration to the Site is allowed to all Users who view the Seller's web page.
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The registration form requires the completion of a general form with the inclusion of contact details such as name, surname, e-mail address, telephone number, address to make shipments of products.
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CONCLUSION OF THE CONTRACT THROUGH INTERNET
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In order to proceed with the completion of the order through the Site, the Buyer must register on the Site, providing the Seller - in full compliance with the rules on the protection of personal data - all the data necessary to enable the Seller to proceed with the Orders.
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The Buyer who wants to place an Order will be able to select one or more products of his interest, placing them in a virtual cart, of which he will always be able to view the contents before confirming the Order. In sending a Purchase Order, the Buyer declares his binding intention to purchase the goods contained in the virtual shopping cart. Receipt of the Order is confirmed by the Seller by means of an e-mail, sent to the e-mail address of the Buyer communicated during the placing of the Order.
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The Seller reserves the right to cancel or not to process purchase orders that are incomplete or incorrect, or in case of unavailability of products.
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The Seller will inform the Buyer of any impossibility to accept the Orders received within 48 hours from the working day following that on which the Buyer confirmed the Order and will refund any amounts already paid by the Buyer for the payment of the goods.
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The Order is definitively accepted by the Seller with the confirmation of shipment of the same sent by e- mail to the Buyer.
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PRICES AND DELIVERY COSTS
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The prices of the products are shown in euros and must be understood to include VAT.
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Are provided for the cost of delivery in Italy for amounts less than € 24.00 (twenty-four euros).
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The prices of the online store may vary. In such cases the prices published at the time of the Order on the online store are considered.
The ordered goods are shipped accompanied by the transport document.
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In the event that the Buyer needs to make a product change, the shipping costs related to the return of the product in Italy are charged to the Buyer depending on the availability of the stock of the type of product required.
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Delivery charges to the Buyer and any other incidental charges and/or taxes shown at the time the Order was placed will not be reimbursed.
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PAYMENT METHODS
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Once the Order has been placed, the Buyer undertakes to pay the price of the Products requested and the accessory costs in accordance with the procedures set out on the Site and actually available for the specific Products selected.
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The payment methods generally available on the Site are as follows:
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PayPal and credit card.
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To ensure maximum security during online payments the Seller has chosen to pay through PayPal which uses the highest security standards in data transfer and access to information. If the Buyer chooses to pay through the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password. In this way only PayPal will be in possession of the Buyer's data which will not be visible to the Seller in any way. The Buyer can also pay through PayPal with his credit card.
To pay with his Credit Card, at the end of the operation the Buyer is directed to the official PayPal page where he will follow the instructions.
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ORDER PROCESSING AND PRODUCT DELIVERY
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The Order will be processed within the terms set forth on the Site and in the Purchase Order confirmation, upon acceptance of the Order by the Seller.
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The Seller will provide for the delivery of the purchased Products using specialized couriers such as:
- GLS courier.
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Products shipped in Italy are indicatively delivered within 3-5 working days from shipment.
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The above delivery terms are purely indicative and not essential. Any variation to the above will be promptly communicated by e-mail to the Buyer. In case of omission of a specific delivery term, it will take place within 3 days from the conclusion of the contract.
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The Seller, once the goods have been shipped, will send the Buyer, via e-mail, the tracking number that will allow the Buyer to follow the entire path of the shipment by going to the site of the courier.
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At the time of delivery of the goods, the presence of the Buyer or of a trusted person is required in order to check that the packages are intact and clean and that the Products received correspond to what is written on the Order confirmation.
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In the event that a product arrives that has been damaged during transport or different from what was ordered, you can request its replacement by sending an e-mail to: info@perorganics.it.
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In case of a request for product replacement, after receiving the appropriate notification from the Buyer, the Seller will check the availability of the ordered product and will proceed with its replacement. If this is not possible, because the product is no longer available, the Buyer may choose to replace it with equivalent products or request a refund of the amount paid. In this case, the Seller will collect the product to be replaced from the Buyer's home, at the Buyer's expense, and send back the correct product. The Buyer will only have to prepare the goods for collection carefully packed and complete with all its parts, including transport documents.
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The refund will be made in the same mode of payment chosen by the Buyer.
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The Products purchased may remain in stock at the courier for a maximum of fifteen calendar days. After this period of storage without the Purchaser collecting the Products, the Order will be automatically cancelled and the Products will be returned to the Seller. The Seller will reimburse the Buyer for the value of the Order, retaining the costs of delivery and those incurred in returning the Products to the Seller.
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GIFT CARD
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Digital Gift Cards of different values are also available for purchase on the Seller's Site.
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The Gift Card is a gift certificate valid for online purchases on the Seller's Site. They can be given as a gift by entering, during the purchase, the e-mail address of the recipient of the gift card.
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Gift Cards have a duration of 12 months from the date of purchase.
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PROMO CODES
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The Buyer who, when registering on the Site, gives consent to receive newsletters from the Seller, will therefore receive information on Products, promotional offers and promotional codes.
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In particular, promotional codes, received by e-mail, are strictly personal and non-transferable. Each promotional code, by its nature, has a period of validity that will be indicated in the e-mail and this time limit can not be extended in any way. In some cases, promotional codes are valid only for certain products, specified in the e-mail containing the code.
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Promotion codes are not cumulative, transferable and/or saleable. The Seller reserves the right to refuse orders placed through the use of promotional codes that show signs of duplication or fraudulent use.
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LEGAL WARRANTY
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The Consumer Purchaser, in case of receipt of Products not in conformity with the orders or defective, has the right to the legal guarantee of 24 (twenty-four) months.
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In case of receipt of Products that do not comply with the orders or are defective, the Purchaser must notify the Seller by e-mail within 2 months from the discovery of the lack of conformity, specifying whether he wants the replacement of the Product or a reduction in the price of the Product. Beyond this term, the Seller, therefore, will not be responsible for conformity defects found by the Consumer.
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In case of replacement of the Product, the terms of the warranty relating to the Product given in replacement are the same as those of the original product and shall expire in any case within 24 (twenty- four) months from delivery. In case of Product replacement, the Seller will contact the courier that will collect the goods.
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In order to benefit from the warranty, it is necessary to show the purchase documents.
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RIGHT OF WITHDRAWAL AND REFUND
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In compliance with the duties of information referred to in Article 52 of the Consumer Code, below are the terms and conditions governing the right of withdrawal in favor of the consumer, as regulated by the same Consumer Code.
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It should be noted, however, that the right of withdrawal in favor of the consumer does not apply to products on the Site that, by their nature, are not suitable to be returned or are subject to the risk of rapid deterioration or alteration, such as, but not limited to, cosmetic products already opened.
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The right of withdrawal is reserved exclusively for consumers, as defined above, and therefore can not be exercised by legal persons and natural persons acting for purposes related to their professional activity.
In compliance with the provisions of the Consumer Code, the Consumer has the right to withdraw from the Contract, according to the modalities and the timing provided for within the present section. If the Consumer intends to avail himself of the right of withdrawal, he will have to provide within 10 (ten) working days from the date of delivery of the Product, to send an appropriate communication, to be transmitted by registered letter with return receipt, or by fax or e-mail provided that it is confirmed by registered letter with return receipt within the following 48 (forty-eight) hours, to the addresses indicated below.
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In case of exercising the right of withdrawal, the Consumer will be required to return the Product to the addresses indicated below within 10 (ten) days from the date of delivery of the goods. The substantial integrity of the goods to be returned is an essential condition for the exercise of the right of withdrawal. The communication of withdrawal must be addressed to: info@perorganics.it.
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The items must be returned to: company PERORGANICS di Florea Cristina, Via Brennero, 15 - (39100) Bolzano BZ Italy.
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In the event that the Consumer has exercised his right to withdraw in accordance with the provisions of these General Terms and Conditions of Sale, the services that have already been received by the Consumer must be returned. The reimbursement of the price paid by the Consumer shall be made by the Seller on condition that the Product has been returned by the Consumer, within 30 (thirty) days from the date of receipt by the Seller of the notice of withdrawal or, if prior, from the date in which the Seller has received the Product returned by the Consumer. The risks connected to the destruction or damage of the Products during shipment are borne by the Purchaser, it being understood that in such an eventuality, the Products will not be considered integral and the withdrawal will not be effective. Shipping costs associated with the return of the Product shall be borne by the Purchaser.
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In the event that the Consumer intends to exercise the right of withdrawal, the Products must be returned with the transport document, properly closed in their original packaging, with all accessories and any instructions for use, without obvious signs of use, except those consistent with the execution of a normal test of the article. That is, they shall not bear any trace of prolonged use and shall not be in such a state as to prevent their resale.
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Where the Product to be returned does not comply with the requirements of the preceding paragraph, the withdrawal will not be effective.
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MAJOR FORCE
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The Seller does not assume any responsibility for inefficiencies attributable to force majeure, such as accidents, strikes and/or lockouts, earthquakes, floods and other events of an unforeseeable nature that would prevent, in whole or in part, to execute the contract in the time provided.
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The Seller shall not be liable to the Buyer for any damages, losses and costs incurred as a result of non- execution or delayed execution of the contract, the Buyer being entitled only to a refund of the price paid. The Seller shall not be liable for damages resulting from disconnections, interruptions of the Site, as well as the loss of data consequently occurred and attributable to the same.
In case of force majeure the execution of the Order will be suspended. Such suspension will be able to last for a maximum period of 10 days after which the Order will be considered automatically annulled.
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FAILURE TO EXERCISE A RIGHT
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The Seller's failure to exercise a right does not represent any waiver of its right to take action against the Buyer or against third parties for breach of commitments undertaken. The Seller therefore reserves the right to enforce its rights in any case, within the terms granted.
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PROCESSING OF PERSONAL DATA
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The Buyer is invited to carefully read the information on the processing of personal data (Privacy Policy) made pursuant to EU Regulation 2016/679. The Seller, as Data Controller, informs the Buyer that the personal data provided by the same and acquired at the time of registration in the restricted access area of the Site, at the conclusion of an online purchase contract or at the time of browsing on the site through the so-called "log" system, will be processed by manual, computer and telematic tools for the purposes indicated in the Privacy Policy.
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APPLICABLE LAW AND JURISDICTION
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These Terms and Conditions are governed entirely by Italian law.
Any dispute that may arise in relation to the validity, interpretation, execution and termination of contracts entered into online by the Purchaser Consumer with the Seller will be the exclusive jurisdiction of the court of the place of residence of the consumer (the so-called forum of the consumer).
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COMMUNICATIONS
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For further information of any kind you can contact the Seller by e-mail at the following address: info@perorganics.it.
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Pursuant to art. 1341 and 1342 c.c., the Customer declares to have carefully read and expressly accept all the clauses of these Terms and Conditions.
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Impressum:
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Perorganics di Florea Cristina
Partita IVA: 03102150210
Codice destinatario: T9K4ZHO
Via Brennero, 15
39100 Bolzano BZ
Italia
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