GENERAL CONDITIONS OF SALE
Object of the contract
These General Conditions relate to the purchase of products, carried out remotely via the telematic network, from Aloe + S.r.l.s. C.so Sicilia N.10, 95047 Paternò (CT) P.IVA 05533430871, owner of the website www.draloes.com. Each purchase transaction will be governed by the provisions of Legislative Decree n. 185/99 and, as regards the protection of confidentiality, it will be subject to the provisions of Law no. 675/96 and subsequent modifications.
Acceptance of the general conditions of sale
The contract between Aloe + S.r.l.s. and the Customer must be considered concluded with the acceptance of the order by Aloe + S.r.l.s. This acceptance is considered tacit. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions set out below. If the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the purchase procedure is concluded, he will print or save an electronic copy and in any case keep these general conditions of sale , in compliance with the provisions of art. 3 and 4 of Legislative Decree 185/1999 on distance selling and, as regards the protection of confidentiality, it will be subject to the legislation referred to in Law no. 675/96 and subsequent modifications. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order. Aloe + S.r.l.s. is not responsible, by contract, for the integrity of the package once delivered to the Freight Forwarder. In addition, each leaf will differ in organic and organoleptic characteristics from the other as it is a biological and non-mechanized collection. Shipping times may vary depending on the period and the possibility of collection and/or depending on adverse or favourable climatic conditions, ensuring a collection in optimal conditions. Aloe + S.r.l.s will notify the Customer by e-mail confirming the shipment when the product will be shipped and entrusted to the Shipping Agent by providing a traceability code through which it is possible to find the exact position of the package. The aloe leaf has a maximum ideal duration of 15 days as well as collected, packed and shipped by Aloe + S.r.l.s .; after the aforementioned days from the collection if the Customer still has unused leaves Aloe + S.r.l.s. does not assume responsibility for the use that the Customer wants to make of it and therefore Aloe + S.r.l.s cannot be considered responsible for any contraindications for the intake and/or use of the leaves.
The customer can only purchase the products present on the website www.draloes.com. It is understood that the image accompanying the description is purely illustrative and the product may differ from the published photo. All purchase support information is intended as simple generic information material, not referable to the real characteristics of a single product.
The correct receipt of the order is confirmed by Aloe + S.r.l.s. by means of an e-mail reply sent to the e-mail address communicated by the Customer. This confirmation message will contain an ‘Order Number’, to be used in any further communication with Aloe + S.r.l.s. The message repeats all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document. In case of non-acceptance of the order, Aloe + S.r.l.s. guarantees timely communication to the customer. For any complaints, please contact us by email at firstname.lastname@example.org, by phone at +39 3913785033 or by post by writing to Aloe + S.r.l.s. C.so Sicilia N.10, 95047 Paternò (CT).
Right of withdrawal
Pursuant to Legislative Decree 206/2005 if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form to Aloe + Srls a reference of VAT number), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following point. To exercise this right, the customer must send Aloe + s.r.l.s. a communication to that effect, within 14 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgement of receipt addressed to Aloe + S.r.l.s. C.so Sicilia N.10, 95047 Paternò (CT) VAT number 05533430871 or by telegram or fax always sent within the aforementioned term of 14 days to the number +39 3913785033 and followed by a confirmation by registered letter with acknowledgement of receipt, sent STRICTLY within the following 48 hours. Once the aforementioned notice of withdrawal has been received, Aloe + s.r.l.s. will promptly communicate to the customer the instructions on how to return the goods that must be received by Aloe + S.r.l.s. within 14 days of authorization.
The right of withdrawal is however subject to the following conditions:
- the law applies to the product purchased in its entirety, it is not possible to exercise withdrawal only on part of the product purchased;
- the purchased good must be intact and returned in its original packaging, complete in all its parts; the affixing of labels or adhesive tapes directly on the original product packaging must be avoided in all cases;
- by law, the shipping costs for returning the goods are charged to the customer;
- the shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the customer;
- in case of damage to the goods during transport, Aloe + S.r.l.s. will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow them to promptly file a complaint against the courier chosen by him and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
- Aloe + S.r.l.s. does not respond in any way for damage or theft / loss of goods returned by uninsured shipments;
- upon its arrival in the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the original packaging and/or packaging is damaged, Aloe + S.r.l.s. will withhold a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs. Without prejudice to any restoration costs for ascertained damage to the original packaging, Aloe + S.r.l.s. will refund the customer the amount already paid, in the shortest possible time and in any case within 30 days of the withdrawal request, by reversing the amount charged to the credit card or by bank transfer. In the latter case, the customer will promptly provide the bank details on which to obtain the refund (Code ABI – CAB – Current Account of the invoice holder).
The right of withdrawal is lost for lack of the essential integrity of the property (packaging and/or its contents), in cases where Aloe + S.r.l.s. finds:
- the lack of the external packaging and / or the original internal packaging;
- damage to the product for reasons other than its transport.
In case of forfeiture of the right of withdrawal, Aloe + S.r.l.s. will return the purchased good to the sender, charging the shipping costs to the same.
None of the Parties can be held responsible for the total or partial non-fulfilment of the obligations deriving from this contract, if this non-fulfilment is caused by a case of force majeure. Events that meet the criteria set by the jurisprudence will be considered cases of force majeure. The Appealing Party to a case of force majeure must notify the other Party within five working days of the occurrence or threat of such an event. The Parties agree that they will have to find an agreement as quickly as possible in order to jointly determine the methods of execution of the order during the duration of the case of force majeure.
Any complaints must be addressed to Aloe + S.r.l.s. by sending an email to email@example.com, by phone at +39 3913785033 or by post by writing to Aloe + S.r.l.s. C.so Sicilia N.10, 95047 Paternò (CT). The sales contract between the customer and Aloe + S.r.l.s. is concluded in Italy and regulated by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference hole of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Catania.