Terms and conditions

This document reports the general terms and conditions of use of the website www.orchideamilano.it

1) Definitions

To allow for complete understanding and acceptance of these terms and conditions, the following terms, in singular and plural, will have the meaning indicated below:

• Owner: ORCHIDEA SRL with registered office in Corsico (MI), via Leonardo Da Vinci, 32 VAT number / Fiscal Code 04992750150, PEC address orchimi@legalmail.it

• Application: the orchideamilano.it website

• Products: material products sold by the Owner

• User: any person who accesses and uses the Application

• Consumer User: the adult natural person who concludes a contract for purposes unrelated to his/her entrepreneurial, commercial, artisanal or professional activity possibly carried out

• Professional User: the adult natural person or legal person who concludes a contract for the performance or needs of his entrepreneurial, commercial, artisanal or professional activity

• Conditions: this contract which governs the relationships between the Owner and the Users and the sale of the Products offered by the Owner through the Application.

2) Scope of application of the Conditions

Use of the Application constitutes acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Application or the related services.

The Conditions can be modified at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.

The Owner reserves the right to change at its own discretion, at any time, the graphic 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.

3) Purchase via the Application

All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product.

Furthermore, any images of the Products are only representative and do not constitute a contractual element.

Purchases of one or more Products via the Application are permitted to both Consumer Users and Professional Users.

Purchases are permitted for natural persons only on the condition that they are adults. For minors, each purchase and/or request for the supply of Products through the Application must be examined and authorized by the parents or those with parental responsibility.

The offer of the Products via the Application constitutes an invitation to offer and the order sent by the User will be considered as a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at his sole discretion, the right to accept or not accept the User's order without the latter being able to object or complain about anything for any reason and/or reason.

The contract for the sale of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User, which will contain the date of the order, the User's data, characteristics and availability. of the Product, the price or method of calculating the price, any additional charges and taxes, the delivery address, delivery times and any costs, the methods for exercising the right of withdrawal or its possible exclusion and guarantee.

The contract for the sale of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.

In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the relevant confirmation and the Conditions.

4) Prices and payments

For each Product the price is indicated including VAT, if due. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.

Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary depending on the destination, the chosen delivery method and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect contracts already concluded before the change.

The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data requested.

The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, owner's name, password, etc.).

If these third-party tools deny authorization for payment, the Owner will not be able to supply the Products and cannot be held responsible in any way.

5) Billing

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be considered as valid, which he declares and guarantees to be truthful, granting the Owner the fullest indemnity in this regard.

6) Method of delivery of material Products

The tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the deadline chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.

In the event that it is not possible to supply the requested Products, the User will be promptly notified by e-mail, indicating when they are expected to be delivered or the reasons that make supply impossible.

If the User does not intend to accept the new term or delivery has become impossible, he/she may request a refund of the amount paid which will be promptly credited to the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event that there is evident damage to the packaging and/or to the Product, the User can refuse delivery of the Product and can return it without any cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the Products delivered.

The Owner will not be liable to any party or third party for damages, losses and costs suffered as a result of failure to perform the contract due to force majeure.

7) Exclusion of the right of withdrawal of Professional Users

The Professional User is not granted the right to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that the indication of a VAT number in the order automatically qualifies him as a Professional User, for whom the right of withdrawal is not foreseen.

8) Users' right of withdrawal from the purchase of material Products

The Consumer User has the right to withdraw without any penalty and without specifying the reason within 15 days from the date of receipt of the Product, by sending a written communication to the e-mail address: orchideamilano@gmail.com , using the optional withdrawal form or any other written declaration.

In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 15-day deadline for exercising the right of withdrawal starts from the day on which the last Product was received.

In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 15 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.

In case of withdrawal exercised correctly, the Owner will reimburse the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 15 days from the day on which the User communicated his wish to withdraw from the contract.

The Owner is not required to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

The Owner, unless he has offered to collect the Product himself, can withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.

The Owner will not accept the return if the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts , etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.

9) Cases of exclusion of the User's right of withdrawal

The right of withdrawal from the contract of sale or supply of the Products by the User is excluded in relation to:

• to the supply of Products made to measure or clearly personalized at the User's request

For further clarifications, contact the Owner at the email address orchideamilano@gmail.com

10) Optional form to exercise the right of withdrawal

The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address: orchideamilano@gmail.com before the withdrawal period expires.

I hereby communicate the withdrawal from the sales or supply contract relating to the following product _____________________________
Order number:________________________________
Ordered on: ____________________________________
Name and surname: ____________________________
Address: _______________________________________
Email associated with the account from which the order was placed: _______________________
Date: _____________
 

11) Warranty of Material Products for Professional Users

In relation to material Products, Professional Users will be subject to the guarantees for defects in the goods sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relevant terms, forfeitures and limitations (articles 1490 and cc).

12) Guarantee of conformity of material Products for Consumer Users

Consumer Users are granted the guarantee of conformity, provided for by the articles. 129 and following of the Consumer Code, for all material Products sold through the Application, except for the exclusion cases provided for by art. 128 of the Consumer Code.

The Owner is responsible towards the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to demonstrate that the defect existed at the time of delivery as it is presumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature of the lack of conformity.

If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address: orchideamilano@gmail.com

The Owner will promptly respond and indicate to the Consumer User the procedure to follow.

For anything not provided for in this clause, articles 128 to 135-septies of the Consumer Code and the articles of the civil code regarding the formation, validity and effectiveness of contracts apply, including the consequences of termination of the contract and the right to compensation for damage.

13) Industrial and Intellectual Property Rights

All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright law and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them on the Application. It is not permitted to copy, alter, distribute, publish or use the Contents without specific authorization from the Owner.

14) Exclusion of warranty

The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have will never be interrupted or will be error free or will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any way be held responsible 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 completely beyond the control of the Owner or for events of force majeure.

15) Limitation of Liability

The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its suppliers.

Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User following failure to execute the contract for reasons not attributable to him, the User having the right only to a possible full refund of the price paid and any additional charges supported.

The Data Controller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (number of credit cards, owner's name, password, etc.)

The Owner will not be responsible for:

• any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the violation of the contract by the Owner

• incorrect or unsuitable use of the Application by Users or third parties

• the issuing of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion

Under no circumstances will the Owner be held liable for a sum greater than double the cost paid by the User

16) Force majeure

The Data Controller cannot be held responsible for failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. .

The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.

The Data Controller will carry out any action in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

17) Links to third party sites

The Application may contain links to third-party sites/applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites/applications.

Some of these links may lead to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

18) Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page:

https://www.orchideamilano.it/pages/privacy-policy

19) Applicable law and competent court

The Conditions are subject to Italian law.

For Professional users, for any dispute relating to the Application, execution and interpretation of these Conditions, the court of the place where the Owner is based is competent.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the User Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in the articles. 18, 19 and 20 of the civil procedural code.

This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.

20) Online dispute resolution for Consumer Users

 

The Consumer User resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and supply of services stipulated online. Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract stipulated online.

Date 11/09/2023