General Terms and Conditions B2B

 

Art. 1. General Provisions

1.    These General Terms and Conditions govern the purchase of Products made at a distance by telematic means on www.arsnovashop.com.
2.    These General Conditions exclusively govern contracts concluded by the 'professional' Customer, as defined below. The Seller does not accept orders placed by persons acting as 'consumers', as defined in Article 3 of Legislative Decree 206/2005.
3.    The Customer is obliged to read these General Terms and Conditions carefully and to accept them in full before proceeding to send the purchase order.
4.    The Site and its services are available in Italian. In addition to the aforementioned version, the Site can also be consulted in the following languages: English; German; Spanish; French.

 

Art. 2. Object

1.    The online purchase of Products in the electronic catalogue available on the Site is governed by these General Terms and Conditions, as well as by the other provisions and operating instructions contained in the Site itself. In the event of any conflict between the provisions of the aforementioned provisions and operating instructions and the provisions of these General Terms and Conditions, the latter shall prevail.

 

Art. 3. Site registration procedure

1.    The Customer may purchase one or more Products only after registering free of charge on the Site, filling in truthfully and completely all the fields of the online form, and after reading and accepting the privacy policy and these General Terms and Conditions.
2.    The Customer is required to guard and keep the Access Credentials indicated at the time of registration with the utmost care, confidentiality and diligence, undertaking not to disclose them to others. Any theft, loss or total or partial loss of the Access Credentials or only part of them, and any unauthorised use by third parties, must be immediately reported to the Seller. In the event of failure to report, the Customer shall be liable for any damage caused to the Seller and/or third parties as a result of incorrect or unauthorised use of the Access Credentials.
3.    In the event of a breach of these General Terms and Conditions or other legal provisions, the Seller reserves the right to delete Customers' accounts, even without prior notice.

 

Art. 4. Formulation of the order and conclusion of the contract

1.    By entering the Site Access Credentials, the Customer is directed to the electronic catalogue, in which the characteristics of the Products that can be purchased are illustrated and described. The Customer must follow the instructions indicated therein to formalise the purchase of the Products, filling in the forms provided by the Seller.
2.    The publication of Products on the Site constitutes a mere invitation to the Customer to make a contractual proposal to purchase.
3.    After selecting the chosen Product, the Customer must indicate the desired quantity, in compliance with the minimum order quantities that may be indicated and referred to in Article 6 ("Product Availability and Minimum Order Quantities"), and click on the "Add to Cart" button.
4.    In the "shopping cart" section, the Customer can view a summary of all the Products selected, the relative quantities, the unit and total costs, the shipping costs, any additional charges, as well as choose the payment method where possible and the delivery address for the Products purchased. This section also contains a link to the General Terms and Conditions and the Privacy Policy, which can be saved and printed before sending the order.
5.    In order to proceed with the sending of the purchase proposal, the Customer must click on the 'I confirm my order' button, through which he/she undertakes to proceed to the payment of the Products (so-called point and click contract).
6.    The order sent by the Customer has the value of a mere contractual purchase proposal. By sending such an order, the Customer acknowledges having full knowledge of and accepting these General Terms and Conditions.
7.    Upon receipt of the purchase proposal, the Seller sends to the e-mail box communicated by the Customer at the time of registration an automatic message containing a summary of the Products chosen by the Customer, their quantity and price.
8.    The notice referred to in the preceding paragraph does not yet constitute acceptance of the offer to purchase.
9.    Within the following 24 hours, the Seller shall proceed to verify the correctness of the purchase proposal received. Should the Seller find errors in the catalogue or order, with regard to the price and/or characteristics and/or availability of a Product, it shall immediately notify the Customer, in order to agree on the modification or proceed to the cancellation of the order.
10.   The Seller shall be entitled to accept or reject the purchase proposal sent by the Customer, without the latter being entitled to make any claims or rights whatsoever in the event of non-acceptance.

11.The Customer expressly grants the Seller the right to accept even only part of the order placed (e.g. in the event of unavailability of some of the Products requested). In this case, the contract shall be deemed to have been concluded only in respect of the Products available.

12.The Seller reserves the right to refuse an order even if: I) the Product is not available; II) payment has not been successful; III) the Product bears a price that is clearly incorrect and recognisable as such. In such cases, the Seller shall promptly inform the Customer and proceed to refund the price already received.

13.Having verified the correctness of the data contained in the purchase proposal and the availability of the Products, the Seller shall notify the Customer, by e-mail, of the acceptance of the order and the details for making payment. The Customer is invited to print and keep said order confirmation.

14.The contract between the Parties shall be deemed to have been concluded only upon the sending of the order confirmation to the Customer by the Seller, as referred to in the preceding paragraph, and upon actual payment of the price due.

15.The Vendor shall store and archive, at its premises, each order received in digital format, respecting appropriate confidentiality and security criteria.

 

Art. 5. Description and Photographic Representation of Products

1.    Products sold by the Seller on the Site are not edible and are strictly for indoor use.
2.    The Customer shall not turn the Products upside down, expose them to sunlight, keep them away from sources of moisture and do not get them wet. In the event of exposure to high humidity or contact with water, the Products may discolour.
3.    The Products, with the express exception of the FlowerCube line, can be sprayed with essences from the Ars Nova line. The use of different essences/substances may damage the Products themselves.
4.    The Seller uses quality flowers and plants and makes every effort to ensure that the Product purchased is as similar as possible in shape, content and colour to the one chosen by the Customer on the Site. However, as the Products are handcrafted and natural, with unique characteristics in terms of colour, size and number of elements, some small differences (in weight, colour and size) may occur between the photographs published on the Site and the Product purchased.
5.    The photographic representation of the Products on the Site does not constitute a contractual element, being merely indicative. The quality of the images, including the exact display of colour variants, may depend on the software and computer tools used by the Customer at the time of connection to the Site.
6.    The Seller describes the characteristics of the individual Products and presents the Products themselves on its Site in an accurate and truthful manner, highlighting the relevant characteristics.
7.    In the event of any difference between the picture and the Product description sheet, the description in the Product description sheet shall always prevail.

 

Art. 6. Availability of Products and Minimum Order Quantities

1.    The prices and availability of the Products, as stated on the Site, are subject to change at any time and without notice.
2.    The Customer acknowledges that, due to the possible simultaneous access by several users and the time elapsing between the loading of the web page and the insertion in the cart, the actual availability of the individual Products may vary during the same day with respect to the indications reported on the Site. Should an order exceed the actual quantity of Product in stock, the Seller shall inform the Customer by e-mail of the cancellation of the order received.
3.    The purchase of certain Products may be subject to reaching certain minimum quantities.
4.    The minimum order amount indicates the minimum sum below which no order can be placed.
5.    The minimum order quantity per article type indicates the minimum number of pieces below which the purchase of a particular Product cannot be made.

 

Art. 7. Prices and Shipping Costs

1.    The prices of the Products shown on the Site are in Euro and are exclusive of VAT, which is charged at the time of checkout.
2.    In the event that a Product is discounted, the Seller shall indicate the discount percentage, the original price and the final price.
3.    If different prices are indicated for a Product in different sections of the Site, the actual price is the one visible on the Product's detail page.
4.    The amount of the shipping and delivery costs to be borne by the Customer is indicated on the order summary page shown before sending the purchase proposal.

 

Art. 8. Payment

1.    Payments shall be made by bank transfer in advance. The Customer shall make payment of the price due at the time and in the manner chosen.
2.    The order shall be processed following the actual crediting of the amount to the Seller's bank account. The reason for the bank transfer shall state the order number and the personal details of the Customer.
3.    The data for payment by bank transfer can be found in the order confirmation email sent to the Customer.
4.    The sums that the Customer may have to pay to his bank to make the transfer are his sole and exclusive responsibility.
5.    Only and exclusively for purchases made by Customers based abroad, in addition to bank transfer in advance, payments by credit card or PayPal are accepted. In such cases, the foreign Customer shall select the preferred payment method when sending the purchase proposal.
6.    The Site uses third-party instruments for payment processing. Therefore, if the foreign Customer chooses to make payment by credit card or PayPal, the information will be transmitted and managed by a third party via a secure connection directly to the website of the intermediary handling the transaction.
7.    The credit card payment procedure takes place using a secure connection. The Customer is required to verify the amount of the order and to indicate the type, number and expiry date of the credit card. Additional data or security codes may be requested in certain cases by the intermediary (such as, but not limited to, MasterCard, SecureCode and Verified by Visa security services).
8.    No data relating to the credit card used shall be disclosed to the Seller, transcribed on documents relating to the order and/or stored by the Seller.

 

Art. 9. Invoicing

1.    For each completed purchase contract, the Seller shall issue appropriate tax documentation using the information provided by the Customer when registering on the Site.
2.    The Customer assumes all responsibility for the correctness and truthfulness of the aforementioned information.
3.    No changes will be possible after the tax documentation has been issued.

 

Art. 10.  Shipment and Delivery

1.    The Products are shipped by the express courier identified by the Seller, applying the rates specifically indicated on the Site and in the order summary.
2.    The delivery terms indicated on the Site are purely indicative. No liability, for any reason whatsoever, can be charged by the Customer to the Seller if the products are not delivered according to the terms indicated on the Site.
3.    In the event that the Product does not arrive at its destination within the indicative time limit stated in the order form and in the subsequent order confirmation, the Customer is obliged to notify the Seller immediately, who is obliged to contact the carrier to resolve the matter within a reasonable period of time.
4.    Delivery of the Products shall be made at the address indicated by the Customer at the time of registration on the Site, or at the different address indicated at the time of sending the purchase proposal, according to the modalities that may be specified.
5.    Unless otherwise stated, delivery of Products takes place at street level.
6.    If the delivery cannot be made for reasons attributable to the Customer (e.g. Customer's absence, refusal and/or failure to contact the carrier), the Seller shall be entitled to charge the Customer for any further shipping costs incurred.
7.    Products to be delivered outside Italy may be subject to import duties and/or taxes. These (if any) costs are the sole responsibility of the Customer.

 

Art. 11. Verification operations upon delivery of the Products

1.    Upon delivery of the Products, the Customer is required to check that the number of packages delivered corresponds to the number indicated on the transport document on the packaging or on the accompanying fiscal documentation and that the packaging itself is intact, undamaged or in any case altered, including the sealing materials, checking with particular care for any signs that indicate that the Products are broken.
2.    The Customer is also obliged to check the conformity of the Products with the purchase order placed. Acceptance of the Products by the Customer shall constitute proof of the good condition of the packaging and its contents.
3.    Under penalty of forfeiture, the Customer must immediately report any damage to the packaging and/or the Products and/or the mismatch in the number of packages, stating in writing on the courier's proof of delivery that they are accepted "subject to control" or indicating that they are "damaged". In default, no claim shall be accepted.
4.    The Customer must also immediately, and in any case no later than 24 hours from the date of delivery, report to the Seller (by PEC, registered letter with acknowledgement of receipt, or e-mail) any and all problems concerning the integrity, correspondence and/or non-conformity of the Products discovered after opening the packaging, under penalty of forfeiture.

                                          

Art. 12. Liability, force majeure and acts of third parties

1.    The Seller shall not be liable: for any loss that is not a consequence of the breach of these General Terms and Conditions by the Seller; for any loss of business opportunity (including lost profits, revenues, contracts, assumed savings, goodwill or unnecessarily incurred expenses); for any other indirect or consequential loss that was not reasonably foreseeable at the time of conclusion of the contract.
2.    The Seller shall not be liable for failure to perform or delayed performance of its obligations due to events of force majeure or, in any case, to unforeseen and unforeseeable events beyond its control, such as, by way of example but not limited to, measures taken by the Public Authorities breakdowns or interruptions in telephone lines, electricity lines or the Internet, strikes, lockouts, earthquakes, floods, unavailability of means of transport, computer viruses and attacks, pandemics or events of third parties that cause and/or make delivery difficult or impossible, or cause a significant increase in the cost of delivery.
3.    In the cases referred to in the preceding paragraph, the seller has the right to split, postpone or cancel the scheduled delivery in whole or in part or to terminate the contract.
4.    In the cases provided for in this Article, the Seller undertakes to provide timely and adequate notice to the Customer, by telephone or at the e-mail address indicated.
5.    In the hypotheses envisaged in this article, the Customer is entitled to a refund of any price already paid, excluding any further claim, for any reason whatsoever, against the Seller. In this sense, the Customer expressly renounces any claim, even by way of mere reimbursement and/or compensation, against the Seller.

 

Art. 13. Storage and Preservation of Products

1. The Products shall be kept and stored by the Customer using the necessary care and precautions deriving from the nature of the Products themselves, as well as in compliance with any instructions contained in the enclosed data sheet.

2. The Seller shall not be liable for damage to the Products resulting from negligence, inexperience, incorrect and/or improper storage of the Products.

 

 

Art. 14. Legal Guarantee

1.    The legal guarantee operates within the limits of Article 1495 of the Civil Code, subject to the provisions applicable to international sales.
2.    The guarantee applies to the Product presenting a defect, provided that the Product itself has been used correctly, in accordance with its intended use and with the provisions of the enclosed technical documentation.
3.    The Customer must report any defects in the Products, in the manner indicated in Article 18 ("Complaints, Returns and Assistance"), under penalty of forfeiture within 8 (eight) days of discovery. The complaint must include invoicing data and a precise description of the claimed defect, accompanied by photographic images.

 

Art. 15. Amendments

1.    The Seller may amend the contents of these General Terms and Conditions at any time and without notice.
2.    The Customer is invited to read the General Terms and Conditions each time he/she accesses the Site and to print out a copy to keep with the order documentation.
3.    Any amendments made by the Seller shall take effect from the date of publication on the Site, as set out at the end of the General Terms and Conditions.
4.    Should these General Terms and Conditions be translated into other languages, only the Italian version shall be authentic.

  

Art. 16. Intellectual Property Rights

1.    The Site and all content present on the Site in the form of text, graphics, logos, images, trademarks (registered and unregistered), as well as any work of genius, distinctive sign or trade name, photograph and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property are and remain the exclusive property of the Seller or its assignors.
2.    Access to the Site and/or the conclusion of purchase contracts do not grant the Customer any right and/or licence to use them.
3.    Any use, even partial, of the contents of the Site is prohibited without the prior written authorisation of the Seller, to which all rights are exclusively reserved.

 

Article 17. Processing of personal data

1.    The data provided by the Customer are processed in accordance with EU Regulation No. 2016/279.
2.    The information on the processing of personal data is made available on the Site at https://arsnovashop.com/it/content/6-informativa-privacy and can be viewed and stored at any time prior to the conclusion of the contract.

 

Art. 18. Complaints, Returns and Assistance

1.    The Customer may make any complaints or request assistance with regard to the purchased Products by contacting the Seller at the addresses indicated in Article 20 ("Definitions").
2.    Complaints must reach the Vendor, under penalty of inadmissibility, accompanied by suitable photographic documentation, a brief description of the defect complained of and the sales invoice number.
3.    The seller undertakes to process customer complaints as quickly as possible.
4.    Returns must always be authorised in advance by the Seller, who shall inform the Customer of the conditions and procedures for returning the Products.

 

Art. 19. Applicable Law and Jurisdiction

1.    All relations arising from the contract of sale, as well as disputes relating to the application and interpretation of these General Terms and Conditions, shall be governed exclusively by Italian law, without prejudice to any more favourable mandatory rules of the country of residence of the Customer who does not have his habitual residence in Italy.
2.    Any dispute arising between the customer and the Seller regarding the validity, application, interpretation of these General Terms and Conditions of Sale, or occasioned by the contract of sale, shall be submitted to the exclusive jurisdiction of the Court of Turin.

 

Art. 20. Definitions

1. Unless otherwise provided, the following terms and expressions, in the singular and plural, shall have the meanings set forth below:

a) "Seller": Ars Nova S.r.l., owner of the site www.arsnovashop.com, with registered office in (10020) Andezeno (TO), Corso Vittorio n. 5/C, P.I. and C.F. 03140930011, R.E.A. TO - 876430, telephone and fax 011.943.41.67, e-mail address info@arsnovastabilizzati.com, PEC address arsnova@certifipec.it .

b) "Customer": the natural person or legal entity purchasing the Seller's Products in the exercise of its entrepreneurial, commercial, handicraft or professional activity.

c) 'General Terms and Conditions': these general terms and conditions of sale, which govern the relationship between the Seller and the Customer.

d) "Access Credentials": the username/email address and password relating to each Customer's account, necessary to access the reserved area of the Site and proceed to the purchase of Products.

e) 'Parties': the Seller and the Customer, whose personal data - indicated when registering in the reserved area of the Site - are to be considered an integral and essential part of the purchase contract.

f) 'Product': each good available for purchase by consulting the electronic catalogue on the Site.

(g)       'Site': the site accessible at the URL www.arsnovashop.com, through which orders of flowers and preserved plants can be placed.