Terms and Conditions Effective from February 19, 2018
The website shop.argiaflowers.com and any other Argia Flower’s mobile app belong to Argia Flower’s S.r.l, whose registered office is located in Piazza IV Novembre n.5 in Legnano and has VAT registration number 09244430964. The company has been entered in the Business Register in the section dedicated to food, beverages and other similar products retail. The website is designed, created and managed by Argia Flower’s, and allows Users to:
preview all the sold products on the website;
select the Products available in the shop;
pay for the Products directly to Argia Flower’s as stated in the Terms and Conditions policy.
The Company, as stated with full transparency, encourages the website Users to read carefully what is stated in the Terms and Conditions policy (T&C) that regulates the services offered by the website.
If you don’t want to accept these T&C and/or any other note, legal notice, circular or statement about the limitation of liability, we suggest you don’t use the website and the services linked to the website.
Terms and conditions of use
The following T&Cs define and regulate the general conditions of use of Argia Flower’s website and the services offered to the users by Argia Flower’s Srl, as stated above, in the figure of our legal representative M.Argia Capetti (“Company”, “Business or “Argia Flower’s Srl)
The use of the website by each User, regardless of the fact that they are a Visitor, a Registered User or an Occasional User (as defined in the next paragraphs), is subjected to the T&Cs, even if a User does not use any of our services or other features available on our website.
In these T&Cs, in addition to terms specified in other parts of this document, the conditions listed below have their descriptions written beside them. In particular:
Website - With the term website we refer not only to the website “shop.argiaflowers.com” but also all the web addresses (i.e URLs, domain name, and web pages) and /or the application software which allows the Users to use the services that our Company controls or manages, and that are used to supply services as well as mirrors, replacements, backups, and all the web pages that the websites include.
To be more clear, we also specify that any reference to “the Website” or “our Website” in these T&Cs includes both the current version and any future versions of the Website shop.argiaflowers.com. It also includes any mobile app that allows people to have access to the Website or to any of Argia Flower’s services, regardless of the fact that in both cases the access is gained through a platform or device currently available or devices that will be available in the future (this shall include, but shall not be limited to, the following: any mobile website, mobile app, affiliated website or connected website that allow Users to gain access to the website or to Argia Flower’s services that may be developed in the future).
Company/Business - with these terms we refer to Argia Flower’s Srl, as it is above designated.
Service - with this term we refer, both individually or collectively, to any service and to all the other associated functions provided by the website, them being free of charge or for sale, and offered by the company or third parties with our support. The term “service” includes, when not specified otherwise, the Website and all the services, even the ones for sales, the functions, and the characteristics that are offered by the Website, and that are made available to the Users, anyway.
User - with the term we refer collectively to Visitors or Registered Users or Occasional Users, and to anyone who uses or is about to use or benefit from our services and/or Website.
Visitor - with this term we refer to the User that surfs our Website and /or uses the features and/or the services made available to everybody without signing up to our Website or without proceeding to subscribe to any service.
Registered User - with this term we refer to the User that sign up, and provides personal pieces of information to gain access to the services made available only following registration (hereinafter described) to the website.
Occasional User - with this term we refer to a Registered User that only actives the service
Products - with this term we refer to the products sold on the website to the users
Carrier - with this term we refer to transport operators or an independent professional authorized to transport the products from the agricultural producer to the user.
2. Changes in the T&C policy
The User commits itself to examine the T&C policy, notwithstanding that the company will do everything is reasonably necessary and appropriate to inform the User of any possible changes in the T&C policy and/or services, through the website.
Any changes in the T&Cs and/or relating to the services will be in force starting from their publication on the Website, and they’ll be adopted only for the sales concluded after their publication.
The Company will inform the Users about any changes in this T&C policy, and about the changes in the features/limitations of the services, and/or their cost, through a note published on the Website and, for Registered Users only, via email using the email address supplied by the User when signing in and/or in any other occasion.
Changes and updates shall be deemed to have been accepted by Users that visit our Website and or use the Website after the change has been published on it.
In case the User does not accept the changes, the User shall not use the Website anymore and, if the User is a Registered one, they will be able to cancel their account, accessing to the section “Profile” of the Website, clicking “Account”, and selecting the “Delete Account” option.
3. Age and residence
The Website and the services provided are destined to Users residing within the Italian borders that are at least 18 y/o.The service is provided by automatic systems.
Users who want to sign in or subscribe to the service by signing in and, afterwards, selecting the services, state to be of age, and that all pieces of personal information supplied are truthful, correct, up to date, and refer to the person that is supplying them or has supplied them with the approval of a third party, taking any responsibility about the pieces of information being truthful and correct. If any changes to the personal pieces of information should occur, the User has to inform the Company as soon as possible.
4. Signing up for the website
Browsing some sections of the Website and the use of the service provided by the Website are accessible free of charge to Visitors as well as to other types of User.
The Company has the right to allow, even if temporarily, Visitors to use their service, and access some of the areas usually reserved to Registered Users.
In order to ensure the full and complete use of the service provided by the Website, signing in to the Website is compulsory.
4.1 How to sign up for the Website
In order to use the services, the User has to sign in, supplying some pieces of personal information (as stated in the “sing in” section), providing a valid personal email address, and creating a personal account (as stated in the “Profile” section), following the procedure explained when signing up, so to allow the Company to have all the info needed to provide the services.
The access to the website is allowed only through the use of a username and a password, chosen during the registration phase.
At all times, the Registered User can access their profile to update or change the provided data, yonder included those about its preferences. It being understood that the Registered User is the only person that can be held responsible for the truthfulness and the update of those pieces of information.
If the User does not complete the signing in process and/or the authentication after providing the email address and/or any other data requested in order to sign up, the User may receive a limited number of communication inviting them to conclude the process, and describing the service for which the procedure has been started; it being understood by the faculty of the User to delete all of their data and to delete their profile from the Website, sending an email to email@example.com with subject “Request for cancellation”.
The Registered User commits to provide a personal email address, ensuring that they own it legitimately and check it regularly. The Registered User commits to updating as soon as possible their email address on their profile if any change may occur. Registered profiles that use other people’s email addresses or that use temporary email address can be deleted by Argia Flower’s without notice. Moreover, Argia Flower’s Srl has the right to validate individual accounts if Argia Flower’s Srl has reasons to believe that the email addresses provided are not valid.
4.3 Profile Cancellation
At all times, Users can delete their profiles accessing the section “Profile” of their personal account on the website, clicking on “Account” and then on “Delete Account”.
5.1 Offer to the public
All the Products and the prices listed in the services are an offer to the public, therefore subject to the limitations and the contents stated on our Website and in the T&C policy.
The pictures of the products have an illustrative purpose only, and have the only goal to present the Products. The Company dismisses every responsibility and does not provide any guarantee about the correspondence of the images of the products portrayed on the Website and the delivered products.
5.3 Numbers of Products
In case the products bought from our services include one or more of said Products in a single package, the Company will apply exclusively the price calculated when the order was submitted, without considering an increase or a reduction of the price, even in face of discount sales started after the order, or ended before the order had been placed.
The prices listed are VAT-Inclusive. The shipping cost and the operating cost are not included in the listed prices if not explicitly stated otherwise.
The service provided by Argia Flower’s Srl to the Registered Users is a service that allows them to:
-view the available products from the Website;
-select the Products that the User wants to order and buy them
-pay the amount due to the Company for buying the products offered on the Website;
-use the delivery service to get the Products delivered to the address specified by the User.
7. Occasional Service
Following their registration to the website, the Registered User has the ability to buy the products taking advantage of the Occasional Service, so to carry out single purchases, every time selecting the Products that they want to buy.
In case the Registered User decides to use the Occasional Service, they are subjected to everything that is stated in paragraph
7 “Occasional service”.
7.1 Buying the Products
The Occasional User, by opening the Website, can select the city and the date of the delivery, as well as see all the Products available, select the ones they are interested in, and add them to the cart.
When the single purchase is complete, clicking on “Cart”, in the section “Products”, the Occasional User can (i) see the Products they have put into the cart with the respective prices, and the total expenditure, (ii) add or delete the selected Products by clicking on the pertinent symbols and (iii) proceed to buy the Products by clicking on “Checkout”.
In the “Checkout” section, the Occasional User has to confirm the delivery address, and the billing address, pick the delivery time, and complete the order by paying it, choosing among one of the methods of payment available in the section “your receipt”. In this section, the Occasional User can add a coupon code in order to benefit from a potential promotion.
The amount of the purchase will be charged only upon acceptance of the submitted order by Argia Flower’s Srl.
Once the act of ordering is completed by the Occasional User following the procedure mentioned in paragraph 7.1, the order is binding for the Company only if the entire process has been completed properly and accurately, without any error messages shown by the Website.
7.2.1 Order Acceptance
The Company will verify the order and the availability of the Products.
The acceptance of the order by the Company entails the immediate charge of the whole amount due in accordance with the payment method selected by the Occasional User.
7.2.2 Order confirmation
Following the Order Acceptance, the Occasional User will receive a confirmation of their purchase via email. The email will contain an explicit recap of all Products the Occasional User has bought, their prices, the delivery date, the delivery time, and the general and special conditions applicable to the order itself.
7.3. Payment and payment methods
To proceed with the purchase of the Products, the Occasional User has to select a payment method among the ones available on the Website.
7.3.1 Paying via Credit Card or via PayPal
You can use any of the credit cards listed below to pay for your order
· AMERICAN EXPRESS
· DINERS CLUB
To ensure the maximum level of safety possible, the transaction will take place on the server of the payment method’s provider. Processing takes place in a safe and secure mode.
Once the order is confirmed, the Registered User will be redirected to PayPal’s website where they will be able to complete the payment using their bank account or a credit card, even a prepaid one, or any of the other methods accepted by PayPal, in accordance with PayPal’s terms.
When activating the Occasional Services, Occasional users:
-guarantee to have the amount of money necessary to pay for the Products that they have ordered through the Occasional Service;
-authorize the company or third parties approved by the Company to save on their systems the identifier of the credit card so to allow the Occasional User to buy through a fast purchase system in future occasions;
-authorize explicitly the Company to provide the receipt/invoice of the occasional service on the personal account of the User, where they can download it (section “My orders”).
If the purchase is made by a professional, they can ask for an invoice, selecting the specific box during the ordering process, and providing the information needed which include the Tax Code and/or VAT registration number. The professional is responsible for the correct compiling of the invoicing data, and it is explicitly informed that, if failing to request the invoice during the order phase, it is not possible to request it afterward.
8.1 Methods of delivery
The Company takes care of organizing the delivery of the Products at the address given by the Occasional User through professional Carriers that it selects presonaly.
The Company delivers the products solely in certain areas, which are listed in the “FAQ” section. The Products will be delivered on the day and time selected by the Occasional User. If not agreed upon written terms, for the delivery is necessary the presence of the Registered User or a representative of said person at the address and time selected by the User.
We guarantee the delivery only when the residence building is reachable by the standard means of transportation that the Carrier of the Company uses (i.e. residences that are reachable only from nonviable roads or pedestrian areas).
When we deliver the goods to the User or their representatives, it is deemed necessary for them to verify that the packaging is intact, has no damages or signs of sabotage. Potential damages to the packaging and/or Products have to be contested by the User to the Carrier through the designated delivery note. The User has to specify in a written form the reasons why they reserve to themselves the possibility of sending back the products (i.e “Damaged packaging”, “Sabotaged packaging”). For any anomaly in the Products that do not concern the natural decay of food items or a mere packaging flaw, the User can contact the Company via email using the address firstname.lastname@example.org or via the specific form that one can find in the “Contact Us” section of the Website, specifying the flaws observed, and documenting them using pictures.
8.3 Failure to deliver
The Registered User acknowledges and accepts that if faced with the impossibility to deliver the Products because of their (or their representative) absence at the delivery address on the delivery time which are chosen by Users themselves, the Products will not be diverted nor the money given back to the User.
The Company commits to supply the services in good faith and to fulfill, or ensure that every obligation established are fulfilled in sense of solidarity, and auto organizations which characterize and has to characterize the whole activity, and the services provided and used by the User by means of the Website.
The Company will not be responsible for any delay that may occur during the transportation. Likewise, the Company can not be held accountable for any loss, damage, wrong or missing delivery caused by events and/or causes due of force majeure or unforeseeable circumstances, which include, but shall not be limited to, the following: natural disasters, adverse weather conditions (such as heavy snow), possible strike (of the Company’s employees or other’s employees), incidents that involve the means of transportation, explosions or any other cause that may occur, similar or different, and that is beyond the Company’s control, and that can’t be attributed to the Company, even if preexisting, which causes the total or partial non-enforcement of the contract.
9. RIGHT TO WITHDRAWAL
9.1. Cases excluded from the right to withdrawal
Under the art. 59, sub-paragraph 1, lett. d), and e) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the right to withdrawal is excluded in relation to:
a) Goods purchased by a User non-consumer and/or requesting an invoice;
b) Goods risking to go bad or expire quickly:
c) Sealed goods that cannot be returned due to hygienic or health-related reasons, and that have been opened after delivery.
In respect to the cases of exclusion from the right to withdrawal above-mentioned, the User, particularly, is informed and accepts that among the Products risking to “go bad or expire quickly” there are all kinds of food, since the characteristics and qualities of these sort of Products are subject to alteration caused also by inappropriate storage. Therefore, for hygienic reasons and in order to protect all Users, the right to withdrawal is relevant only to those Products purchased on the Website that can be returned to Argia Flower’s Srl with their seal still intact, so that they can be offered once again for sale without any danger for consumers’ health.
9.2 Exercise of the right to withdrawal
The User can exercise their right to withdrawal, under article 52 et seq. of the Legislative Decree no. 206/2005, related to specific Products, different from those listed in the paragraph above, 9.1, as long as these goods have not been opened or their seals altered after delivery.
When is allowed to exercise the right to withdrawal, the User is entitled to terminate the purchase contract for any reason, without the need to provide explanations and without any penalty fees.
In order to exercise the right to withdrawal, the User must transmit to Argia Flower’s Srl, within 14 days after delivery, a notice by email to the following email address email@example.com subject “Exercise of the right to withdrawal” and:
a) attach the form downloadable here, that is;
b) explicitly stating one’s own will to rescind and providing the following further details:
i. purchase order number and date of the purchase;
ii. date of the delivery of the purchase order;
iii. User’s name and address;
iv. provision of the User’s email address and phone number;
v. the number of the item or items the User want to exercise their right to withdrawal for.
The right to withdrawal shall apply to the entirety of the purchased Product; therefore, if the Products was to be made of more components or parts, the right to withdrawal cannot be exercised only on part of the purchased Product.
After receiving the notice about the exercise of the right to withdrawal, Argia Flower’s Srl will open a file dedicated to the management of the rescission, and will notify the User with the instructions on how to return the Products; this last procedure takes place through a Carrier chosen by Argia Flower’s Srl.
When a User exercise their right to withdrawal, Argia Flower’s Srl refunds the full amount of the returned Products within 14 days starting with the notification of the rescission, it being understood Argia Flower’s Srl’s right to suspend the payment of the refund until the actual delivery of the Products. For the refunds, the Company uses the same payment method previously used by the User.
10. USER’S OBLIGATIONS
The User commits to not use the Website and/or the associated Services for illegal reasons or reasons not contemplated in the present T&C. The User cannot use the Website or the associated Services in order to damage or compromise the Website or interfere with the use of the Website and the associated Services by other Users.
The Registered User must keep login information to their own Account confidential and they are responsible for any use of the Website by any other person who logs in with their information. Under any circumstances, the Registered User commits to (i) not use machine, algorithms, software or other automatic functions in order to generate links to pages or materials, (ii) not generate links to pages through chain letters, emails, or other means that require a person or a group of people to visit a website, and (iii) immediately notify the Company in case one should suspect the violation of their own Account.
11. LIMITATION OF LIABILITY
The Company undertakes the fulfilment of the rules on the cold chain (when necessary, for example with meat) and, in general, of quality standards pertaining to the Products, exclusively until the delivery to the place specified by the User; it is excluded any responsibility following the delivery concerning the poor condition of the Product due to incorrect storage following the delivery or at other drop-off points authorised by the User.
The Company declines all responsibility for information, data, and potential technical and other measure mistakes that could be included on the Website.
The Company declines all responsibility for information given/acquired directly from single Manufacturers.
Potential objection concerning the execution of the Service can be relieved, under penalty of nullity, within 48 (forty-eight) hours after delivery, writing to firstname.lastname@example.org or through the section “Contact us” providing the notification also with photographic proofs.
The Company is not responsible for potential damages caused by the unavailability of the Services due to connection problems, providers, or to telephone lines and/or networking not ascribable to it, due to no and/or faulty functioning of electronic equipment of the User’s or of the Company’s suppliers.
The Company does not take any responsibility for contents created or published on third-party websites to which the Website does not provide a direct link. Users who decide to visit a page linked to the Website do it at their own risk, taking upon themselves any measure against malware of all sort.
In order to guarantee top-quality freshness due to the seasonality of the Products and to the variation of the production caused by weather conditions (drought, heavy rainfall, snowfall, frost), the Registered User recognises and accepts that sporadically all Products in their order, delivered and accepted by the Company, may not be delivered.
For each finalized order, Argia Flower’s Srl provides a receipt, or, upon request, invoice for the delivered Products that will be sent to the Registered User by email (under article 14 d.P.R. Legislative Decree 445/00 and 52/2004l). Data provided by the Registered User when ordering will be included in the related receipt/invoice, it being understood that no variation will be possible after said receipt/invoice has been issued.
12. RECISSION. TERMINATION OF SERVICE
The Company reserves the right to communicate to the User the prohibition of accessing and using the Website and Services, entirely or partly, at any given moment and effect immediately, in case of User’s violation of their obligations under above-mentioned Article 7.3 (Compensation and method of payment) and 10 (User’s obligation).
Access to the Website can also be temporarily interrupted in case of technical issues or in order to guarantee its maintenance. When possible, these interruptions will be notified on the Website beforehand.
At any given moment, the Company is able to improve and/or change the Website and its Services be it due to technical reasons or in order to conform to the current legislation.
The Company reserves the rights to terminate, entirely or partially, their Services at any given moment and prior reasonable notice in order to allow Occasional Users and Registered Users the use of delivered orders. In these instances, the Company will promptly notice Registered and Occasional Users by emails, and all Users in general through the Website.
13. FURTHER INFORMATION. SUSPENSION OF SERVICE
The Company reserves the right to ask the User further information or to send in copies of documents proving the ownership of the card used for their purchases.
The Company reserves the right to decline the purchase order and/or terminate effective immediately all obligations originating from present T&C according with the above-mentioned Article 12 (Rescission/Termination of Services) if the User does not provide information and/or copies of documents proving the ownership of the card used for their purchases.
It being understood that the Company can terminate effective immediately the present T&C according to what stated in the above-mentioned Article 12 (Rescission/Termination of Services), the Company can also suspend entirely or partially Occasional Service or Subscription Service due to the unavailability of the sum total required for the purchase of the Products, according with above-mentioned paragraphs 7.3.1. and 8.3.3.
In no case, the Company can be held accountable for the potentially fraudulent use of credit cards by third-party purchasing Products on the Website.
15. APPLICABLE REGULATION. DISPUTES
15.1. Applicable Law
The present T&C, included the documents here referred to and the other legal notes published on the Website and relationships in general between the Company and the Website’s Users, are regulated by the Italian law and must be interpreted in compliance with it.
15.2. Out-of-court Conciliation
Under Article 49 sub-paragraph 1 letter V of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Registered Users can take advantages of joint conciliation (“Joint Conciliation”).
This procedure can be pursued by every Registered User if, after presenting a complaint to Argia Flower’s Srl, the Company does not answer them within 30 days or the Company’s answer is not satisfying.
Registered User who decides to pursue a Joint Conciliation must forward their request by email to email@example.com or by fax to 02/87181126
For full details, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
Under article 14 of EU Regulations n. 524/2013, Registered Users can also use “ODR Platform” (Online Dispute Regulation), accessible by clicking this banner:
15.3 Further Disputes
Possible disputes related to the use of the Website and to the Services illustrated on it, and that are not liable to be resolved through a Joint Conciliation as seen in paragraph 15.2, are reserved to Italian jurisdiction and their mandatory jurisdiction lies on the Court of ****
Specific approval of T&C under artt. 1341 e 1342 civil code.
Pursuant to and by the effect of Art. 1341-1342 civ. code, all sides declare that they have read and understood, and therefore explicitly approve of Articles: 2 (Changes in the T&C policy) 4 (How to sign up for the Website), 5 (Products), 7 (Occasional Service), 8 (Delivery), 9 (Right to Withdrawal), 10 (User’s Obligation), 11 (Limitation of Liability), 13 (Further Information. Suspension of Service), and 15 (Applicable Regulation. Disputes).
Therefore, granting one’s final authorization to Signing up, the User entirely and explicitly approves, without any reservations, the above-mentioned clauses.
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