OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
By “online” sales contract we mean the distance contract and this is the legal transaction having as object movable goods and / or services stipulated between a supplier and a customer consumer in the context of a distance selling system organized by the supplier who , for this contract, it uses only the distance communication technology called “internet”. All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address www.h-earth.it where, following the indicated procedures, I will conclude the contract for the purchase of the goods. . By consumer we mean the natural person who purchases goods and services for purposes not directly related to any professional activity carried out. Below are the conditions of sale that will remain effective until changed by the supplier. Any changes to the conditions of sale will be effective from the moment they are published on the website www.h-earth.it in the relevant “Conditions of use” section and will refer to sales made from that moment on.
SALE PRICES AND PURCHASE METHODS
All sales prices of the products displayed and indicated on the website www.h-earth.it for which they constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of I.V.A. (4%, 5%, 10%, 22% depending on the type of product); the cost of transport and related ancillary costs are duly highlighted on the appropriate page “Conditions of sale” within the site that the customer will take care to view before confirming the purchase; in the case of delivery abroad, any additional costs due to taxes or duties provided for by the legislation in force in the country of destination will be borne by the consumer. The purchase contract is finalized through the exact compilation and the consent to the purchase expressed through the accession given “online”. On this site, the minimum spending limit is 39 euros, excluding transport and ancillary costs. The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
LIABILITY and COMPLAINTS
H-EARTH assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from carrying out the times agreed in the contract. H-EARTH will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above. Likewise, H-EARTH is not responsible for any fraudulent or illegal use that may be made by third parties, checks and other means of payment.
The consumer undertakes and obliges, once the “on line” purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in art. 3 and 4 of the Decr. Legisl. n 185/1999. the purchaser is strictly prohibited from entering false, and / or invented, and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or fantasy. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. H-EARTH reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
RIGHT OF WITHDRAWAL
With reference to Legislative Decree 206/2005, the consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract stipulated within 14 days, for goods from the day of their receipt, without having to specify the reason. The withdrawal must be expressed by means of a simple notice via email (firstname.lastname@example.org) or by fax (0731.814693). The consumer cannot exercise this right of withdrawal for contracts for the purchase of products which, by their nature, do not they can be postponed or are liable to deteriorate or expire rapidly; in the same way, products intended for food preparation cannot be returned if they have been used. Within the aforementioned term of 14 days, all purchased goods must be returned to the sender-supplier, possibly intact and in their original packaging, including any manuals. If the product has been used or if the packaging, manuals or other material related to the product shows signs of wear (dirt, lines, stains, deformations, breaks or other), the refund will be partially made (the extent of the refund will be agreed once that the product will have reached the H-EARTH site and been inspected). The return costs are charged to the user.
The goods must be returned to:
Cooperative H-EARTH, Via Aldo Moro, 20/22 – 60031 Castelplanio (AN) – Italy
H-EARTH will forward the entire amount paid by the consumer within fourteen days from the date of shipment of the goods by the customer, without prejudice to any repair costs for damage to the goods and the costs incurred for the return of the goods. In the event that the returned product has been damaged during transport, it will be our responsibility to notify the customer of the incident within the working day following receipt at our office, to allow the same to file a complaint against the courier chosen for the shipment. In this case, the product will be returned to the customer at his expense and at the same time the request for withdrawal will be canceled. For this reason it is strongly recommended to make an insured shipment. Upon arrival in our warehouses, all returned products will be carefully examined in order to check for any damage or tampering not caused by transport.
H-EARTH has the right to terminate the stipulated contract by simply notifying the customer with adequate justified and motivations; in this case the customer will only be entitled to a refund of
any sum already paid. The obligations assumed by the customer referred to in art. 9 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, have an essential character, so that by express agreement, the non-fulfillment by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial ruling, without prejudice to the right for H -EARTH to take legal action for compensation for further damage. The customer has the right to cancel the contract within 24 hours of receiving the confirmation email by promptly informing customer service by email to: email@example.com
Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated “online” through the website www.h-earth.it subject to Italian jurisdiction; the present general conditions are reported, although not expressly provided therein, in conjunction with the legislative decree n 50 of 15.1.1992 and the legislative decree n 185 of 22.5.1999.