GENERAL CONDITIONS OF SALE
General provisions and scope of application
These General Conditions of Sale govern the offer and sale by the company Eco Bio Boutique SRL , with registered office in Rome (RM), Via Serra San Bruno, 15, Tax Code and VAT number 16233951009 (hereinafter " Eco Bio Boutique "), in favor of any person (hereinafter the " Customer ") who makes online purchases on the website https://ecobioboutique.it (hereinafter the " Site ").
These General Conditions of Sale may be subject to modifications by Eco Bio Boutique SRL and the date of publication of the same on the site is equivalent to the date of entry into force of the relative provisions contained herein.
The Products (as defined below) offered on the Site are reserved for people:
- in possession of full legal capacity to place orders on the Site.
Eco Bio Boutique reserves the right at any time to request an identity document certifying the age of the customer, and not to process a purchase order for any potential buyer who does not respond to the above requests or who does not comply with the principles set out in this paragraph.
It should be noted that the Products are intended for personal use by the Customer, or for professional use if purchased from a subject with a VAT number (and in this case the provisions of the Consumer Code will not apply), and in any case any right to part of the Customer for resale of the Products themselves.
Article 1 – Object
1.1 By accepting these General Conditions of Sale, Eco Bio Boutique agrees to sell and the Customer agrees to purchase certain products indicated and offered for sale on the Site (hereinafter the " Products "), according to the selection made by the Customer at the time of order.
1.2 The sales contract (hereinafter the " Contract ") is concluded exclusively through the internet, by accessing the Customer to the Site and placing a purchase order according to the established procedure.
Article 2 – Pre-contractual information for the Customer
2.1 The Customer, before concluding the Contract, undertakes to read the characteristics of the Products illustrated on the Site.
Eco Bio Boutique undertakes to describe and present the Products on the Site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between what is shown on the Site and the real Product may occur, without this implying any responsibility for Eco Bio Boutique .
It should also be noted that all the photographic material present on the Site is shown for purely representative purposes and, therefore, does not constitute a contractual element in any way.
2.2 Before the conclusion of the Contract, the Customer will be informed (also through these General Conditions of Sale or, in any case, by consulting the Site) about:
- the total price of the Products (including any taxes such as, for example, VAT);
- details of shipping costs and any other costs (with the exception of customs costs due for any international shipments);
- the payment methods accepted by Eco Bio Boutique ;
- the term within which Eco Bio Boutique undertakes to deliver the goods;
- the conditions, terms and procedures for exercising the right of withdrawal (see Article 9 of these General Conditions of Sale);
- the legal guarantee of conformity for the purchased goods.
2.3 The acceptance of these General Conditions of Sale by the Customer before the conclusion of the Contract constitutes proof of acknowledgment, by the Customer himself, of the aforementioned information (where already contained in these General Conditions of Sale).
Article 3 – Conclusion and effectiveness of the Contract
3.1 The Contract is considered concluded with the sending to the Customer, by Eco Bio Boutique , of a specific order confirmation e-mail. This email will contain the following information:
- Customer data;
- the order number;
- the Products purchased;
- the price of the Products purchased;
- shipping costs (with the exception of customs charges) and the delivery address to which the Products will be delivered;
- the hypertext link to be able to print and archive a copy of these General Conditions of Sale.
3.2 The Customer undertakes to verify the correctness of the personal data contained in the aforementioned confirmation e-mail and to promptly communicate any corrections to Eco Bio Boutique in writing.
If said correction communication is received after the shipment of the Products by Eco Bio Boutique , the latter cannot in any case be held responsible for any missed or incorrect deliveries.
Article 4 – Availability of Products
4.1 The availability of the Products refers to the actual availability at the time the Customer places the order on the Site.
This availability must in any case be considered purely indicative due to the simultaneous presence on the Site of several potential buyers.
If a Product indicated as available at the time of the order by the Customer should no longer be available due to the above, Eco Bio Boutique will give due indication to the Customer by e-mail to the address indicated by the Customer.
4.2 Notwithstanding all of the above, the Customer accepts that even after Eco Bio Boutique has sent the order confirmation e-mail, there may be sporadic cases of partial or total unavailability of the Products ordered. In this case, the Customer will be informed without delay by e-mail by Eco Bio Boutique which will send the order within 30 days from the date of purchase by the Customer. Otherwise, the order will be corrected automatically and Eco Bio Boutique will arrange for the refund, in favor of the Customer, of the difference in price paid within 30 days of the correction, using the same method adopted by the Customer for the payment of the Products.
Should the Customer request the cancellation of the order, by resolving the Contract, Eco Bio Boutique will refund the entire amount paid within 30 days of receipt, by Eco Bio Boutique itself, of the relative communication of cancellation of the order Customer. The refund will be made using the same method adopted by the Customer for the payment of the Products covered by the order.
Article 5 – Prices
5.1 All the sales prices of the products indicated on the Site are expressed in Euros (€) and include VAT.
5.2 The Customer accepts the right of Eco Bio Boutique to change the prices of the Products at any time. For the purposes of payment, by the Customer, of the amount of the relative purchase order of the Products, the price indicated on the Site at the time of the creation of this order and indicated in the confirmation e-mail sent by Eco Bio Boutique to the Customer.
Article 6 – Methods of payment
6.1 The Customer can choose between the following payment methods:
- Credit card: Visa, MasterCard or American Express circuit;
- Apple Pay;
- Google Pay.
- Cash on delivery (payment on delivery)
6.2 In case of payment by credit card pursuant to the previous art. 6.1, the Customer must provide the requested data. It is understood that such data will be managed directly by the institutions issuing the aforementioned credit cards. The information will be encrypted through the use of encryption systems that prevent its use by third parties. In the event of a positive outcome of the purchase operation, the payment system will send the Customer an e-mail confirming the successful transaction.
6.3 In case of payment by Apple Pay or Google Pay pursuant to the previous art. 6.1, the Customer must provide the requested data. It is understood that such data will be managed directly by Apple or Google even, where appropriate, without the need for the Customer to re-enter their credit or prepaid card details.
Article 7 – Shipping of Products, delivery and acceptance
7.1 The Products will be delivered to the address indicated by the Customer in the order and shown in the order confirmation sent by Eco Bio Boutique via e-mail.
At the time of delivery, the signature of the Customer (or his delegate) may be required.
7.2 For each order, Eco Bio Boutique will issue a specific purchase receipt which will be sent to the Customer by e-mail or together with the Products ordered, in compliance with current legislation.
The purchase receipt will be issued on the basis of the information provided by the Customer at the time of the order.
It should be noted that no changes to the invoice are permitted after its issue.
7.3 Unless otherwise provided at the time of purchase of the Products or indicated in the order confirmation by Eco Bio Boutique , the purchased Products will be delivered by courier selected by Eco Bio Boutique (hereinafter the " Courier ") on working days ( with the exclusion, therefore, of Saturdays, Sundays and local or national holidays).
The assignment to the Courier will be made within 5 days from the date of receipt, by Eco Bio Boutique , of the full payment by the Customer of the price of the Products or, if later, from the date of receipt, by the Customer, of the order confirmation sent via e-mail by Eco Bio Boutique (in both cases, subject to possible delays due to force majeure events or unforeseeable circumstances). The indicative delivery term foreseen by the Courier based on the Customer's delivery address will be indicated and calculated at the time of conclusion of the purchase process and before making the payment.
In case of non-delivery within the aforementioned term, the Customer may grant Eco Bio Boutique an additional term of 30 (thirty) days (or a longer term, if this is required by law or is deemed reasonable by the Customer) for delivery of the affected Product.
7.4 The Customer undertakes to check promptly and in the shortest possible period that the delivery includes all and only the Products purchased and to promptly inform Eco Bio Boutique of any defect of the products received or of their discrepancies with respect to the order placed, according to the procedure referred to in the following art. 10 of these General Conditions of Sale.
Article 8 – Shipping costs, duties and taxes
8.1 The shipping costs of the Products are not included in the purchase price of the same shown on the Site, but are indicated and calculated at the time of conclusion of the purchase process and before making the payment, which must also include said shipping costs .
8.2 If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and shown in the order confirmation sent by e-mail from Eco Bio Boutique , inclusive of indirect taxes (if applicable) , is net of any customs duties and any other sales tax, which the Customer hereby undertakes to pay, if due, in addition to the price indicated in the order and indicated in the order confirmation, as provided by the provisions of the law of the country in which the Products will be delivered.
The Customer is invited to inquire with the competent bodies of his country of residence or in the country of destination of the Products in order to obtain information on any duties or taxes applied in the aforementioned countries.
8.3 The Customer is solely responsible for any and all additional costs, charges, taxes and/or duties that a country should apply, for whatever reason, to the Products ordered on the Site on the basis of these General Conditions of Sale.
8.4 The Customer declares and accepts that the lack of knowledge - at the time of sending an order to Eco Bio Boutique - of costs, charges, duties, taxes and/or taxes referred to in the previous articles 8.2 and 8.3 and/or of any nature whatsoever cannot in itself constitute a cause for termination of these General Conditions of Sale or of the Contract and, in any case, the Customer cannot in any way charge the aforementioned charges to Eco Bio Boutique .
Article 9 – Right of withdrawal reserved for consumers
9.1 In accordance with the legal provisions in force, the Customer who is also a "consumer" pursuant to the Consumer Code has the right to withdraw from the Purchase Contract without any penalty and without specifying the reason within the term of 14 days starting from the date of receipt of the Products. Pursuant to art. 59 of the Consumer Code (Legislative Decree No. 206 of 2005 and subsequent amendments), the right of withdrawal referred to in this article is excluded in the event of the purchase of sealed Products that do not lend themselves to being returned for reasons of hygiene or related to protection of health and were opened after delivery (Article 59, letter e) of the Consumer Code).
9.2 It is understood that in the event of multiple purchases made by the Customer, who is also a "consumer" pursuant to the Consumer Code, with a single same order and delivered separately for any reason, the 14-day term referred to in the previous art. 9.1 will start from the date of receipt of the last Product purchased with the same order.
9.3 The Customer, who is also a "consumer" pursuant to the Consumer Code, who intends to exercise the right of withdrawal must communicate it to Eco Bio Boutique by means of an explicit declaration, which must be sent by registered letter with return receipt or by e-mail to the address firstname.lastname@example.org. To this end, the Customer may use the withdrawal form prepared by Eco Bio Boutique and available at this link .
9.4 In case of exercise of the right of withdrawal pursuant to this art. 9, the Customer is required to return the Products within 14 days from the day in which he communicated his intention to withdraw from the Contract to Eco Bio Boutique .
The Products must be returned to:
Carrer Gènere de Punt, 13
08304 Mataró, Barcelona, Spagna
9.5 In case of exercise of the right of withdrawal by the Customer pursuant to this art. 9, Eco Bio Boutique will not bear the costs of returning the Products.
9.6 The Products must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment) and all the attached tax documentation.
9.7 Without prejudice to the right to verify compliance with the return conditions set out above, Eco Bio Boutique will refund the amount of the Products subject to the withdrawal, excluding return costs, within a maximum period of 14 days.
It is understood that Eco Bio Boutique may suspend the refund until receipt of the Products and verification of correct compliance by the Customer with all the return conditions.
9.8 Eco Bio Boutique will arrange the refund using the same means of payment chosen by the Customer when concluding the Contract.
Article 10 – Seller's legal guarantee of conformity, reporting of conformity defects and interventions under guarantee
10.1 Pursuant to art. 129 of the Consumer Code, Eco Bio Boutique guarantees to the Customer (who is also a "consumer" within the meaning of the Consumer Code) that the Products will be free from defects that make them unsuitable for the use for which goods of the same type are usually used as well as compliant to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer, with the exception of Products subject to a shorter expiry date indicated on the packaging.
The aforementioned warranty term is reduced to 1 (one) year in the event that the Customer qualifies as a "professional" pursuant to the Consumer Code.
The application of any guarantee is expressly excluded in case of use of the Product that does not comply with that of the Product itself and/or with the instructions/warnings in this regard provided by Eco Bio Boutique , or indicated in the reference illustrative documentation, in the tags or in the labels (if any).
10.2 Under penalty of forfeiture of this guarantee:
- the Customer who is also a "consumer" pursuant to the Consumer Code has the duty to report any defects and/or non-conformities within and no later than 60 days from their discovery;
- the Customer who is also a "professional" within the meaning of the Consumer Code has the duty to report any defects and/or non-conformities within and no later than 8 days from their discovery,
in any case by making a request to Eco Bio Boutique by e-mail or registered mail, expressly indicating the defect and/or non-compliance found and attaching:
- at least 1 (one) photograph of the defective and/or non-compliant Product(s);
- the order confirmation sent by Eco Bio Boutique and/or the tax receipt.
10.3 Following receipt by Eco Bio Boutique of the request for intervention under warranty and the relative documentation within the terms indicated above, Eco Bio Boutique will evaluate the defects and non-conformities reported by the Customer and, after carrying out the quality checks designed to verify the effective non-compliance of the Product(s), will decide whether to authorize the return of the Product(s).
It is understood that the authorization to return the Product/s will not in any way constitute acknowledgment of defects and/or non-compliance, the existence of which must be ascertained after the return.
The Product(s) of which Eco Bio Boutique has authorized the return must/year be returned by the Customer, together with a copy of the return authorization notice, to the following address within 14 days of receipt by the Customer of said permission:
Carrer Gènere de Punt, 13
08304 Mataró, Barcelona, Spagna
10.4 The guarantee provides for the replacement of the Product with another identical Product, unless Eco Bio Boutique , at its sole discretion, does not deem it more convenient to provide for the complete replacement of the Product itself with another equivalent Product.
In case of replacement with an equivalent Product, it will be Eco Bio Boutique 's responsibility to notify the Customer by e-mail of the impossibility of replacing the Product with another identical one and to send the Customer specific photographic documentation relating to the equivalent Product offered as a replacement, for the purpose of obtaining the consent of the Customer.
If the Customer does not consent to the replacement of the Product with another equivalent, the Customer may request a refund from Eco Bio Boutique of the amount paid for the Product found to be defective or non-compliant.
10.5 If Eco Bio Boutique were required to reimburse the Customer for the price paid as indicated in the previous art. 10.4, the refund will be made - where possible - by the same means of payment used by the Customer when purchasing the Product or, alternatively, by bank transfer. It is understood that it will be the Customer's responsibility to communicate to Eco Bio Boutique , when requesting a return or by e-mail, the bank details to make the transfer in his favor and to ensure that Eco Bio Boutique is put in a position to be able to return what may be due.
Article 11 – Disclaimer of Liability
11.1 Eco Bio Boutique tries to present the Products on the Site in the most truthful and accurate way possible. However, the display of the colors of the Products also depends on the user's monitor and, consequently, Eco Bio Boutique cannot guarantee that the Customer's monitor portrays the colors of the Products in a way that is perfectly faithful to reality. Furthermore, with reference to the advice for use of each Product provided by Eco Bio Boutique , the latter declines all responsibility, as these are mere suggestions for use.
11.2 Except for cases of willful misconduct or gross negligence, Eco Bio Boutique will not be liable to the Customer in any way as a result of:
- damages or losses of any kind, including but not limited to direct, indirect, incidental and consequential damages, arising directly or indirectly from the use of or inability to use the Site;
- damages or losses of any kind, including, but not limited to, direct, indirect, incidental and consequential damages, arising directly or indirectly from the Products (or from their use by the Customer), without prejudice in any case to the application the mandatory provisions of the law on producer responsibility;
- damages that have not been caused by a serious breach by Eco Bio Boutique ;
- loss of business or trading opportunity.
Within the limits specified above, the liability of Eco Bio Boutique cannot in any case exceed the price paid by the Customer for the Product which caused the claimed damage.
Article 12 – Intellectual and industrial property rights
12.1 All content on the Site and on the Products such as brands, corporate images, works, images, photos, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, characters printing, drawings, diagrams, layouts, methods, processes, functions and software (hereinafter the " Content "), are the property of Eco Bio Boutique or its suppliers and are protected by copyright and other property laws applicable intellectual or industrial.
12.2 The Customer may not reproduce, publish, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, the Content without the prior written consent of Eco Bio Boutique or its suppliers, depending of cases. Unless, however, that Eco Bio Boutique hereby grants permission to the Customer, for personal and non-commercial use only, to view, download and print the hard copy pages of the Site.
12.3 Eco Bio Boutique has the right, at any time, to claim ownership of any Content published on the Site and on the Products and to oppose any use, distortion or other modification of such Content.
Article 13 – Integrity
13.1 These General Conditions of Sale consist of all the clauses that compose them.
If one or more provisions of these General Conditions of Sale should be considered invalid or declared as such pursuant to the applicable law or any rule or regulation and/or following a decision by a competent body, the other provisions will continue to apply. have full force and effect.
Article 14 – Applicable law and competent court
14.1 Without prejudice to any mandatory rules, these General Conditions of Sale - as well as each and every document exchanged between the parties pursuant to these General Conditions of Sale - are subject to Italian law.
14.2 Any and all controversy or dispute relating to these General Conditions of Sale and, in any case, to the sale of Products through the Site that cannot be resolved amicably between the parties, will be subject to the exclusive jurisdiction:
- of the Court of the place of residence or domicile of the Customer, if located in the territory of the Italian State.
- of the Court of Rome, where the Customer qualifies as a "professional" pursuant to the Consumer Code.