This document sets out the general terms and conditions on the basis of which the use of the website www.tecarflor.it, which offers sales of florist accessories aimed at wholesalers in the industry, is offerto to users.
1. Definitions
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:- Owner: Tec Ar Flor - Via Santuario 18, 20876 Ornago (Monza and Brianza) - info@tecarflor.it
- Application: the website www.tecarflor.it
- Products: the products provided to you by the Owner and the goods and/or services provided through the Application by a third-party vendor
- User: any individual who accesses and uses the Application
- User Consumer: the natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any
- Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or needs of his or her entrepreneurial, commercial, craft or professional activity
- Third Party Supplier: the natural or legal person, other than the Holder, who purchases Products through the Application acting in the exercise of his or her commercial, craft or professional activity
- Content: any textual or multimedia element on the Application, by way of example, ads, listings, reviews, images, etc.
- Terms: this contract governing the relationship between the Owner and Users and the sale or supply of the Products offered by the Owner through the Application.
2. Relationship between Owner, Third Party Provider and Users.
The Application hosts a platform operated by the Owner that allows Users interested in Products offered by the Owner or a Third Party Supplier to be put in contact. On the Application, Users can then purchase and/or request the supply of both Products provided by the Owner and Products provided by Third Party Suppliers. It is always clearly indicated on the Application whether the Product is provided by the Owner or a Third Party Supplier. When Products are offered by Third Party Suppliers, the Owner is not a party to the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any responsibility arising from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract entered into between Third Party Providers and Users is not subject to these Terms. The terms and conditions of each Third Party Provider are made available on the Product page or Third Party Provider's tab. Therefore, you should check its terms and conditions of sale or supply posted on the Application before transacting business with that party.3. Detailed information about the offer of the Application
The Application provides Users with sales of florist accessories aimed at wholesalers in the industry.4. Scope of the Conditions
Use of the Application implies User's acceptance of the Terms. If the User does not intend to accept the Terms and/or any other notes, legal notices, disclosures published or referred to therein, the User may not use the Application or its services. The Terms may be modified at any time. The applicable Terms are those in effect on the date of transmission of the purchase order or request for supply of a Product. Before using the Application, the User should read the Terms carefully and save or print them for future reference. The Owner reserves the right to vary at its discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.5. Purchase or request for supply through the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may become apparent. In addition, any images of the Products are representative only and do not constitute a contractual element. Purchases and/or requests for supply of one or more Products via the Application are permitted to both Consumer and Non-Consumer Users. To individuals, purchases and/or supply requests are permitted only on the condition that they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by their parents or those exercising parental responsibility. The offer of Products through the Application constitutes an "invitation to offer" and the order sent by the User will count as a contractual proposal for purchase and/or request for supply, subject to confirmation and/or acceptance by the Holder as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User's order without the User being able to object or complain about anything in any capacity and/or reason. The contract of sale or supply of the Products shall be deemed concluded with the acceptance by the Owner of the User's contractual proposal . The Holder will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, the delivery time and any delivery costs, the procedures for exercising the right of withdrawal or its possible exclusion and the guarantee. In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether or not it intends to confirm the order. It is understood that the contract will be deemed to be completed with respect to the Products accepted by the Holder. The User undertakes to verify the correctness of the data given in the order confirmation and to notify the Holder immediately of any errors and will keep a copy of its order, its confirmation and the Terms.6. Prices and payments
The price and VAT, if due, is indicated for each Product. Where the nature of the Product means that it is not possible to calculate it in advance, the method of calculating the price will be indicated. In addition, all taxes, additional charges and delivery charges, if any, that may vary depending on the destination, delivery method chosen and/or payment method used will be indicated. Where such items of expense cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User. The Owner reserves the right to modificare, at any time, the price of the Products and all additional charges, if any. It is understood that any price changes will in no case affect contracts already concluded prior to the change. The User agrees to pay the price of the Product in the time and manner indicated in the Application and to communicate all necessary data that may be required. All communications related to payments take place using a connection protected by an adequate security system. The Owner guarantees the storage of this information with an additional level of security and in compliance with the provisions of the current regulations on the protection of personal data.7. Billing
The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User, which he/she declares and guarantees to be true, will be the basis for the invoice, releasing to the Owner every ample indemnity in this regard.8. Method of Delivery of Material Products
Physical Products and/or digital goods delivered on a tangible medium will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and stated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time customarily required to deliver the Product from the time the courier takes delivery. In the event that it is not possible to deliver the requested Products, prompt notice will be given to the User by e-mail, stating when delivery is expected or the reasons why delivery is impossible. If the User does not wish to accept the new deadline or delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for a refund. Upon receipt of the Product, the User is required to check its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products. The Owner shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.9. Exclusion of the right of withdrawal of non-consumer Users
The Non-Consumer User is not granted the right of withdrawal from the contract of sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him/her as a Non-Consumer User, for whom the right of withdrawal is not provided.10. Consumer Users' Right of Withdrawal from the Purchase of Material Products
Only the User Consumer who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within the term of 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address lorenzocesco@alice.it, using the optional withdrawal form referred to in the following article or any other written statement. In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal shall run from the day on which the last Product was received. In case of withdrawal, the User Consumer shall return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User Consumer shall bear only the direct cost of returning the Product, unless the Holder has stated that it will bear the cost. In the event of a properly exercised withdrawal, the Holder will refund the payments received from the User, in the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he/she wishes to withdraw from the contract. The Holder is not obligated to reimburse delivery costs if the User Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder. The Holder, unless he has offered to pick up the Product himself, may withhold the refund until he has received the Product or until the User Consumer has demonstrated that he has returned the Product. The Holder will not accept a return in the event that the Product is found to be malfunctioning due to misuse, neglect, physical, cosmetic or superficial damage or alteration, tampering or improper maintenance or wear and tear, absence of integral product elements (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender for shipping costs.11. Optional form to exercise the right of withdrawal
The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address info@tecarflor.it before the withdrawal period expires: I hereby give notice of withdrawal from the contract of sale or supply relating to the following product ______ Order Number: ______ Ordered on: ______ Full Name: ______ Address: ______ E-mail associated with the account from which the order was placed: ______ Date: ______12. Warranty of Material Products for Non-Consumer Users.
In relation to the tangible Products, the warranties for defects in the thing sold, the warranty for defect of promised and essential qualities and the other warranties provided for by the Civil Code with the relevant terms, forfeitures and limitations (Articles 1490 et seq. c.c.) will be applied to non-consumer Users.13. Warranty of Conformity of Material Products for Consumer Users.
The legal guarantee of conformity, provided for in Articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall under the category of "consumer goods," as governed by Art. 128, 2nd paragraph of the Consumer Code: any movable goods, including those to be assembled, except i) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a delimited volume or in a determined quantity, iii) electricity. The Holder is obligated to deliver to the User Consumer Products that conform to the contract of sale. Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:- Are suitable for the use for which goods of the same type are customarily used;
- conform to the description made by the Holder and possess the qualities of the good that the seller has presented to the User Consumer as a sample or model;
- present the usual quality and performance of a good of the same type, which the Consumer User may reasonably expect, taking into account the nature of the Product and, where applicable, public statements about the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, particularly in advertising or on labeling;
- are also suitable for the particular use intended by the User Consumer and which has been brought to the attention of the Holder at the time of the conclusion of the contract and which the Holder has also accepted by conclusive facts;
- Therefore, any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product that does not comply with its intended use and/or with what is provided in the attached technical documentation are excluded from the scope of the conformity warranty. A conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect. Unless there is evidence to the contrary, defects in conformity that become apparent within 6 months after delivery of the Product shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the conformity defect. After the 6 months, it will be the Consumer User who will be required to provide proof that the damage did not originate from misuse or improper use of the Product. Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User Consumer has the right to restore the conformity of the Product, without charge. The User Consumer may choose between the repair of the Product or its replacement. This right of choice may not be exercised if the requested remedy is objectively impossible or excessively onerous. In addition, the User Consumer shall only be entitled to an appropriate price reduction or termination of the contract if any of the following situations occur: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has failed to repair or replace within a reasonable period of time; iii) replacement or repair has caused significant inconvenience to the User Consumer. If the User Consumer wishes to take advantage of the remedies provided by the conformity warranty, he/she shall send written notice to the e-mail address lorenzocesco@alice.it or by calling the customer service at +39 02 2047598. The Owner will promptly acknowledge the communication of the alleged conformity defect and will indicate to the User Consumer the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.
14. Creative Commons License.
The Content and/or materials available on the Application are made available based on the terms of this license "Creative Commons Public Licence CC BY 4.0 EN" (hereinafter "License"). The Content and/or materials available on the Application are protected by copyright, other rights granted by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the content and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited. The Owner grants the User the rights listed below on the condition that the User agrees to abide by the terms and conditions of the License. The Owner allows the User to reproduce, distribute, communicate to the public, perform, recite, transform the Content and/or materials available on the Application by any means and format, for any reason, including commercial, provided that the User acknowledges the authorship of the work to the Owner and provides a link to the License and indicates whether any modifications have been made. The full License can be found at this address: https://creativecommons.org/licenses/by/4.0/legalcode.it15. Exclusion of warranty
The Application is provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties with respect to the Application, nor does it make any warranty that the Application will meet the needs of Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the Owner's control or due to force majeure events.16. Limitation of Liability
The Holder shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its suppliers. The Holder shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to him, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred. The Holder assumes no liability for any fraudulent and illicit use that may be made by third parties of credit cards and other means of payment, at the time of payment, if it proves that it has taken all possible precautions based on the science and experience of the time and according to ordinary diligence. The Holder shall not be liable for:- any loss of business opportunity and any other losses, including indirect losses, that may be suffered by the User that are not a direct result of the Holder's breach of contract;
- Incorrect or unsuitable use of the Application by Users or third parties;
- The issuance of erroneous documents or tax data due to errors related to the data provided by the User, the User being solely responsible for correct entry;
- in no event shall the Owner be liable for more than twice the amount of the cost paid by the User.