Sea of Green GmbH, with registered office in 39012 Merano (BZ), Lauben 122, VAT no. 02960150213, entered in the Commercial Register of the Bolzano Chamber of Commerce, entry BZ No. 220039, email address: info [at] seaofgreen.it (info[at]seaofgreen[dot]it), PEC: seaofgreen [at] pec.it (seaofgreen[at]pec[dot]it), represented by its legal representative, Mr Markus Trojer Prinoth (hereinafter the "Seller");
Whereas:
- the Seller operates the website www.seaofgreen.it (hereinafter the "Website");
- the Website is intended for business transactions between businesses and consumers (B2C);
- "General Terms and Conditions (B2C)" means the purchase contract for the Seller's products, concluded between the Seller and the Buyer within a distribution system organised by the Seller for distance selling;
- the trademark and the logo of the Website are the exclusive property of the Seller;
- these terms and conditions govern distance sales between Sea of Green GmbH and the Buyer, who expressly declares that the purchase is made for purposes that cannot be attributed to his or her commercial, business, craft or professional activity;
- these recitals form an integral and essential part of the contract;
the following is agreed:
- Subject matter of the contract
1.1. These general terms and conditions, which are made available to the Buyer for reproduction and storage in accordance with Art. 12 of Legislative Decree No. 70 of 9 April 2003, concern the distance purchase, by means of distance communication, of the Seller's products.
1.2. Under this contract, the Seller sells and the Buyer purchases at a distance the products listed and offered for sale on the Seller's Website.
1.3. The essential characteristics of the products are described on the Seller's Website. The Buyer is aware that the delivered product may show slight deviations from the image shown on the Website.
1.4. The Seller undertakes to deliver the selected products - subject to availability - against payment of the corresponding amount in accordance with Art. 3 of this contract.
1.5. The products offered under this contract are intended exclusively for adults; the Seller therefore only enters into contractual relationships with persons of legal age. The products must be used in accordance with the instructions given on the products.
- Acceptance of the terms and conditions
2.1. All orders are transmitted by the Buyer to the Seller by completing the specified ordering process.
2.2. The Buyer must review these terms and conditions, as well as the privacy information, "online" before completing the ordering process. To accept the terms and conditions, all sections of the online form must be filled in completely and accurately by following the on-screen instructions, and finally the box ACCEPTANCE OF THE TERMS AND CONDITIONS must be ticked, thereby accepting them. The Buyer is also presented with the PRIVACY INFORMATION, with regard to which, where necessary, consent to the processing of personal data is given or refused.
The submission of the order by the Buyer therefore presupposes full knowledge of these terms and their complete acceptance.
2.3. The Buyer undertakes to accept without reservation the terms of business and payment described below and to comply with them in his or her business relations with the Seller; he or she declares that he or she has read and accepts all the information provided by the Seller pursuant to the above provisions, and further acknowledges that the Seller is not bound by any conflicting terms.
- Sales prices and ordering procedure
3.1. The product prices shown on the Website are expressed in euro and include value added tax. The product prices are always indicative and must be expressly confirmed by email by the Seller, who thereby accepts the order. The Seller reserves the right in any case to change prices on the Website.
3.2. Shipping costs are calculated when the order is entered and clearly shown to the Buyer; they vary depending on the item ordered and the weight of the products ordered: shipping up to 20 kg: €8.19 excluding VAT; shipping from 21 to 50 kg: €18.50 excluding VAT; shipping over 50 kg must be agreed with the Seller.
The total shipping costs to the Buyer's address are borne by the Buyer, except in the case of exceptions and deviations that are duly announced on the Website and/or communicated by email. In any case, the costs are communicated to the Buyer before the order is confirmed.
3.3. The Buyer can select the desired product in the electronic online catalogue at www.seaofgreen.it and place it in the electronic shopping cart without obligation. The contents of the shopping cart can be viewed, changed or removed by the Buyer at any time. After confirming the shopping cart, the Buyer must fill in the application form correctly and completely and give consent to the purchase online. The ordering process can be cancelled at any time by closing the browser window.
Receipt of the order is not binding on the Seller until the Seller has expressly accepted the order by email. After checking the availability of the ordered product, the Seller confirms the formal acceptance of the order received with an email that repeats the essential order data.
3.4. The Buyer expressly grants the Seller the right to accept the order only in part (for example, if not all ordered products are available). In this case, the contract is deemed concluded for the products actually sold.
- Conclusion of the contract
4.1. The contract concluded via the Website is formed at the time when the Buyer receives by email the formal order confirmation by which the Seller accepts the Buyer's order and informs the Buyer that the order can be fulfilled. The contract is deemed concluded at the place where the Buyer resides.
4.2. Pursuant to Art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each incoming order is stored and kept in digital form on the server / on paper at the Seller's registered office in accordance with the criteria of confidentiality and data security.
- Payment methods
5.1. The Buyer may only make payments in the following ways: online payment by credit card via the SIApay (Nexi) system, advance payment by bank transfer;
a) Online payment by credit card: payment can be made with all credit cards via the SIApay (Nexi) system.
b) Advance payment by bank transfer: the transfer is made to the bank account of Sea of Green GmbH at Südtiroler Sparkasse, IBAN: IT 67 B 06045 58590 00000 5007289 – BIC CRBZIT2B020.
5.2. Until the products have been paid for in full, they remain the property of the Seller.
5.3. The products are only dispatched after the bank transfer has been made.
- Delivery terms
6.1. The Seller will deliver the products selected and ordered in accordance with the procedures described in the preceding articles to the address specified by the Buyer by means of the courier service X4U.
Delivery is only possible within Italy and normally takes place within 14 (fourteen) working days of the conclusion of the contract.
If the Seller is unable to make delivery within this period, the Buyer will be notified in good time by email.
6.2. If the Buyer is absent at the time of delivery, a notice will be left with the necessary information for contacting the courier service and arranging the handover.
6.3. The Seller is not liable for late or failed delivery of the products if the address details provided by the Buyer are inaccurate or incorrect.
6.4. Upon receipt of the products, the Buyer is requested to make sure that the delivered products correspond to the order. If this is not the case, the Buyer is requested to inform the Seller. The right of withdrawal provided for in Art. 10 of the terms and conditions remains unaffected in any case.
- Limitation of liability
7.1. The Seller accepts no liability if the products are delivered late or not at all and this is due to force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or restrictions imposed by laws or decrees, as well as other comparable events which wholly or partly prevent timely performance of the contract.
7.2. The Buyer cannot hold the Seller liable for operational disruptions or interruptions related to the use of the internet that are beyond the Seller's control, except in cases of intent or gross negligence on the part of the Seller.
7.3. The Seller is not liable towards the contracting parties or third parties for damages, losses or costs resulting from non-performance of the contract for the reasons stated above.
7.4. The Seller is not liable for any fraudulent and unlawful use of credit cards, cheques and other means of payment by third parties when paying for the ordered products, if the Seller can prove that, according to the current state of knowledge and experience and with due care, all possible precautions were taken.
- Warranty and customer service
8.1. The Seller only distributes original products of high quality. For questions, complaints or suggestions, the Buyer can contact the Seller at the following email address: shop [at] seaofgreen.it (shop[at]seaofgreen[dot]it). To ensure that questions, complaints or suggestions are dealt with quickly, the Buyer should describe the problem as precisely as possible and, where applicable, send copies of the order documents or state the order number, customer number, etc.
In the event of defects or complaints, the Seller will ensure that the complained-about product is replaced, subject to availability, or will endeavour to find and implement a prompt solution to the problem. Waiting times cannot be attributed to the Seller. Defective returned goods become the property of the Seller.
8.2. In the event of lack of conformity, the provisions on the statutory warranty pursuant to Legislative Decree No. 206 of 6 September 2005 apply.
8.3. The warranty only applies to the products named in Legislative Decree No. 206 of 6 September 2005.
8.4 The warranty is limited to the delivered products and to the simple return of the faulty or defective product due to an established material defect and its replacement free of charge with a new item. The warranty does not cover damage resulting from incorrect storage, improper or non-conforming use of the product, transport-related causes or reasons that cannot be attributed to the Seller.
8.5 The products offered under this contract must be used in accordance with the instructions described on the products.
- Obligations of the Buyer
9.1. The Buyer undertakes to pay the purchase price of the ordered products within the period and in the form specified in the contract.
9.2. After completing the ordering process, the Buyer must print and keep these general terms and conditions, which the Buyer has already viewed and accepted in a mandatory step during ordering, as well as the product specifications of the ordered product, in order to fully meet the conditions set out in Legislative Decree No. 206 of 6 September 2005.
9.3. The Buyer is strictly prohibited from entering false and/or invented and/or fictitious data in the relevant online registration form. For personal details and the email address, only the Buyer's own genuine data may be given, not those of third parties or invented persons. The Buyer therefore assumes full liability for the accuracy and truthfulness of the information provided to complete the ordering process.
9.4. The Buyer indemnifies the Seller against any liability for the issuing of incorrect tax documents resulting from false information provided by the Buyer, who is solely responsible for entering the data correctly.
- Right of withdrawal pursuant to Legislative Decree No. 206/2005
10.1. The right of withdrawal applies only to the products named in Legislative Decree No. 206 of 6 September 2005 and is therefore expressly excluded for the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery, as provided for in Art. 59 letter e) of the same Legislative Decree.
10.2. For those products for which the right of withdrawal is not excluded, the Buyer may withdraw from the concluded contract without penalty and without giving any reason within 14 (fourteen) calendar days of receipt of the ordered products. Any withdrawal must be addressed to Sea of Green GmbH, with registered office in 39012 Merano (BZ), Lauben 122, email address: info [at] seaofgreen.it (info[at]seaofgreen[dot]it), tel.: 0039 0473 692509.
10.3. If the Buyer wishes to exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, email or by telephone). The Buyer may also use the model withdrawal form for this purpose, which is however not mandatory.
10.4. To meet the withdrawal deadline, it is sufficient for the Buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. The burden of proof regarding the proper exercise of the right of withdrawal lies with the Buyer.
10.5. The products must be returned without delay and in any case no later than 14 (fourteen) days from the time at which the Buyer informed the Seller of the decision to withdraw from the contract. The Buyer must bear any loss in value of the products if this loss in value is due to handling of the products that is not necessary to establish their nature, characteristics and functioning.
10.6. In the cases expressly provided for in Art. 59 of Legislative Decree No. 206/2005, the Buyer cannot exercise a right of withdrawal.
10.7. When the right of withdrawal is exercised in accordance with the provisions of this article, the Buyer bears the costs directly connected with returning the products to the Seller.
10.8. A Buyer who properly exercises the right of withdrawal will be refunded all amounts already paid, including delivery costs, with the exception of the additional costs incurred because the Buyer expressly chose a type of delivery other than the cheaper standard delivery offered by the Seller. The refund is made without delay and in any case within 14 (fourteen) days from the time at which the Seller was informed of the Buyer's decision to exercise the right of withdrawal, using the same means of payment that the Buyer used for the original transaction, unless expressly agreed otherwise with the Buyer. However, the Seller may withhold the refund until the products have been received back or until the Buyer has provided proof that the products have been sent back, whichever is the earlier, unless the Seller has offered to collect the products itself.
10.9. Upon receipt of the notice in which the Buyer informs the Seller of the exercise of the right of withdrawal, the contracting parties are released from their respective obligations; the provisions of this article remain unaffected.
- Express termination clause
11.1. The obligations of the Buyer set out in Art. 9 are essential to this contract. It is therefore expressly agreed that non-performance of even one of these obligations - unless due to chance or force majeure - results in the termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for a court judgment.
- Notices
12.1. Except in the cases expressly mentioned or laid down by law, notices between Seller and Buyer are preferably made by email to the respective email addresses, which both parties regard as a valid means of communication and the use of which cannot be objected to in court solely on the grounds that they are electronic documents.
12.2. Written notices to the Seller and any complaints are only valid if they are sent to the address of Sea of Green GmbH, with registered office in 39012 Merano (BZ), Lauben 122, email address: shop [at] seaofgreen.it (shop[at]seaofgreen[dot]it), tel.: 0039 0473 692509.
12.3. Both parties may change their email address for the purposes mentioned in this article at any time, provided that they promptly notify the other party in the forms stated in the paragraph above.
- Processing of personal data
13.2. The detailed privacy notice on the processing of personal data can be viewed on the Website.
13.3. The rights provided for in the data protection provisions and the Seller's information obligations are reviewed by the Buyer "online" before the Buyer's own data is provided. Completion of the ordering process therefore presupposes full knowledge of them.
- Dispute resolution and jurisdiction
14.1. In the event of disputes arising from or in connection with this contract, the parties will jointly endeavour to reach a fair and amicable solution.
14.2. Pursuant to EU Regulation No. 524/2013, Sea of Green GmbH informs the Buyer that, in the event of a dispute, the Buyer may submit a complaint via the European Commission's Online Dispute Resolution platform (ODR platform), which is accessible at the following link: http://ec.europa.eu/consumers/odr/
The ODR platform is a point of contact for consumers who wish to settle out of court disputes arising from online sales contracts or online service contracts. For this purpose, the email address of Sea of Green GmbH is info [at] seaofgreen.it (info[at]seaofgreen[dot]it).
14.3. If a dispute cannot be settled amicably, pursuant to Art. 66-bis of Legislative Decree No. 206/05 it will be submitted to the court in whose district the Buyer has his or her residence, provided this is in Italian territory; in the case of a consumer from another EU Member State, the dispute will be brought before a court of the Member State in whose territory this contracting party has his or her residence, or before the court of the place where the consumer has his or her residence.
- Applicable law and reference to the law
15.1. This contract is governed by Italian law. In the case of a purchase contract between a consumer from another EU Member State and the Seller, this in no way excludes the application of the law of the EU Member State in which the consumer has his or her residence, insofar as that law offers the consumer more extensive protection.
15.2. Unless expressly stipulated otherwise here, the statutory provisions applicable to the business relationships and transactions provided for in this contract apply, and in any case the provisions of the Italian Civil Code and of Legislative Decree No. 206 of 6 September 2005 (Consumer Code).
- Final provisions
16.1. This contract cancels and replaces all previous written and oral agreements, arrangements and negotiations of the parties on the same subject matter as this contract.
16.2. The possible invalidity of individual provisions does not affect the validity of the contract as a whole.
16.3. These general terms and conditions were drawn up in Italian and German. The parties agree that, in the event of difficulties of interpretation, the Italian text shall be considered authentic and effective.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
[.....], on [.....]
Signatures
[.....]
[.....]
ACCEPTANCE OF THE ONEROUS CLAUSES BY THE BUYER
Pursuant to Art. 1341 and Art. 1342 of the Civil Code, the Buyer declares that he or she has read the contract carefully and expressly agrees to the following provisions:
Art. 2 (Acceptance of the terms and conditions),
Art. 3 (Sales prices and ordering procedure),
Art. 4 (Conclusion of the contract),
Art. 6 (Delivery terms),
Art. 7 (Limitation of liability),
Art. 8 (Warranty and customer service),
Art. 9 (Obligations of the Buyer),
Art. 10 (Right of withdrawal pursuant to Legislative Decree No. 206/2005),
Art. 11 (Express termination clause),
Art. 14 (Dispute resolution and jurisdiction),
Art. 15 (Applicable law and reference to the law),
Art. 16 (Final provisions).
[.....], on [.....]
Signature of the Buyer
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