Terms & Conditions
The offer and the sale of products on the website www.letuepiante.com are regulated by these Terms & Conditions, which you are bound to read before sending your order. Once having concluded your online purchase, you are bound to print and keep these Terms & Conditions and the attendant order form, both already examined and accepted.
ART 1 - Object
1. The following Terms & Conditions concern the sale of products through e-commerce on the website www.letuepiante.com
2. The products sold on the website can be purchased and delivered only in Austria, Belgium, France, Germany, Holland, Italy and Luxembourg.
ART 2 - Subjects
1. The products are sold directly by the enterprise Azienda Agricola Tempesti Stefania, based in Via del Bollacchione n. 2 - 51100 Pistoia, codice fiscale e iscrizione registro imprese TMPSFN66T64G713Y, partita iva 01923600470 Codice Rup: /09/6328.
2. The products are sold to you as you identified yourself at the moment of filling in and sending the order form.
ART 3 - Sale through e-commerce
1. The contract is concluded exclusively on the Internet, through your access to the address www.letuepiante.com, where, following the instructions, you will be able to formalize your purchase proposal (see Art. 1). For each product you will find a description with the name of the plant, some photos, its dimensions and its characteristics.
2. The photos shown on the website are reproductions of plants cultivated in our supplying nurseries. However, there can be some variation due to the technical characteristics and to the colour depth of your PC. Moreover, the plants can change colour and dimensions because of the season and the climate, and can be subjected to pruning. For these reasons, the photos reproduced on the website are representations of the products on sale, and only have illustrative purposes.
3. The Order includes: a reference to these Terms & Conditions; information about each product and the attendant price; the payment modes which you can use; the delivery modalities of the purchased products; a reference to the conditions to assert your right of withdrawal; the modalities and the time limit to return your purchased products.
4. The purchase agreement is concluded through the exact compilation of the form and the payment of the price, which must be made only through the modes indicated on our website.
5. We accept only orders from 30.00 euros. Lower orders will not be accepted by the system.
ART 4 - Carrying out of the order
1. After having concluded the contract, we will send you the confirmation of your order by e-mail, including a recapitulation of the information already included in the order.
2. We could not carry your orders out if they turn out to be incomplete or not correct, or if there is any discrepancy between your basket and the price list on the product page, or in case of unavailability of the products. In such cases, we will inform you by e-mail that the contract is not concluded and that we did not carry your order out, specifying our reasons. In such a case, we will refund you the sum which you already paid.
ART 5 - Prices
1. The prices of the products shown on the website and in the order are VAT-inclusive and expressed in euro. The validity of the prices is always and only that which is indicated on the website at the moment of the transmission of the order through the Internet.
ART 6 - Invoice
1. In case you should want an invoice, you must absolutely demand it at the moment of the order. You must indicate both your VAT identification number and your taxpayer’s code number.
ART 7 - Mode of payment
1. For the payment of the price of the products you may use: a) Credit card, Stripe and PayPal.
ART 8 - Shipping and delivery of the products
1. The purchased goods are sent you by courier.
2. The delivery will be made at the ground floor of the address which you gave us at the moment of your order, only during the working days from Monday to Friday. Delivery times are expressed in working days beginning from the date of the order (except Saturdays, Sundays and holidays).
Small, not very heavy orders – shipped with boxes: Times: from 1 to 3 working days. Not easily reachable places: from 2 to 4 days.
If no one is present at the delivery, the courier will leave a notice with a telephone number, so that you can fix a new delivery. In this case, it is necessary to be present at the delivery of the plants, in order to avoid the charge of the warehousing costs.
Heavy orders – shipped on wooden pallets: Times: from 3 to 5 working days. Not easily reachable places: from 3 to 6 days.
The courier will fix an appointment: it is necessary to be present at the delivery of the plants, in order to avoid the charge of the warehousing costs.
The carrying out of the order could be delayed in case of exceptional events, such as courier strikes or particularly unfavourable climatic conditions, or during particular periods, such as Christmas, Easter, August or midweek holidays.
3. We will send you the goods with an appropriate packaging, in boxes or on pallets.
4. We are by no means responsible for delays attributable to the courier or due to circumstances beyond our control. In such case, the delivery beyond the prescribed period cannot be a reason to refuse the goods, nor can you demand any refund or compensation of whatever nature.
5. At the delivery and in the presence of the courier, you must check the number of boxes and the integrity of the packaging. If the packaging is damaged or the number does not correspond, you must immediately question to the courier the collected goods, by putting on the delivery note the caption “Delivery Unchecked”. You must also report it to us through the page “Contact us” of our website.
6. You must in any case verify the products within 7 days of their receipt, and you can report possible flaws no later than that term.
7. Failing the aforementioned communications in this term, the goods are considered to be accepted and no claim can subsequently be made.
ART 9 - Transport charges
1. Go to checkout, shipping charges are shown here. The shipping charges depend on the total size of the order.
ART 10 - Right of withdrawal
1. Your right of withdrawal assures you the possibility of returning your goods and obtaining the refund of the sum you paid.
2. Our returns policy allows you to change your mind about your purchase and to return the bought product, without having to specify the cause, within 30 days of delivery, unless your right of withdrawal is excluded from the enforceable rules, that is, if the goods are to be used in the execution of your professional, commercial or entrepreneurial activity.
3. To assert your right of withdrawal, you must send us a relevant communication, even through the page “Contact Us” of our website, within 30 working days of the day in which you received your purchased goods.
4. Beginning from the date of your withdrawal communication, you have 14 working days to return us your purchased goods. The return charges are at your expense, as provided by law.
5. The products must be intact, not used and not damaged. If the returned articles show any damage or signs of wear which derive from a non necessary handling, we could withhold from your return an amount equivalent to their diminished value, to establish their kind, their features and their functioning. More particularly, it is not sufficient to return the boxes or the pallet to the courier, but it is necessary to remove the plants from their packaging, water them and then pack them again.
6. The purchased products must be returned in their integrity, even in case of kits; the returned products must be sent us in just one shipping.
7. You must send the goods, at your expense, to the following address: Azienda Agricola Tempesti Stefania - Via del Bolacchione, 2 – 51100 Pistoia, Italia
8. We will refund you the amount you paid at the time of purchase as quickly as possible and, in any case, within 14 working days of the day in which we received your withdrawal communication. However, we reserve the faculty of withholding the refund until we receive the product intact and how you received it.
ART 11 - Guarantee on plants
1. All our plants are cultivated with the greatest care and attention. Our aim is to make sure that each product is delivered to you in perfect conditions. We are responsible for any fault of the products offered on our website, including the non-conformity of the articles to the ordered products.
2. If you concluded the contract as a consumer, this guarantee applies on condition that the fault appears within 24 months of the delivery of the products.
3. If you purchased the products whilst working for your professional or entrepreneurial activity and you indicated your VAT identification number, this guarantee applies for 12 months since the date of delivery of the products.
4. To make use of this guarantee, you must send us a formal complaint with regard to the faults through the page “Contact Us” on this website, within a maximum of 2 months of the date in which the fault appeared.
5. This guarantee gives right to the rescission of the contract with a refund of what you paid. It is due to you neither the substitution nor the rescission, if the fault is limited, or if the substitution is impossible or excessively onerous (for example, when the complaint concerns only a part of the products which are in a single packaging).
6. The guarantee does not cover the damages caused by frost and/or drought, or damages caused by your negligence or inexperience (for example, wrong planting, irrigation, pruning, fertilization or phytosanitary treatment and so on.)
ART 12 - Exclusion of liability
1. We do not assume any liability for any inefficiency caused by circumstances beyond our control (as atmospheric conditions, strikes, lockouts, riots and so on), which prevent the execution of the contract in the established times. In such cases you are only entitled to the return of the paid price and you renounce from now on to demand any refund for actual or presumed damages, costs or loss which you suffered.
2. During the purchasing process we are never able to know the information about your credit card (for example, its number or its date of expiry), which are transmitted through a connection protected by a security protocol directly to the website of the subject which operates the electronic payment. None of our files will keep these data. In any case can we therefore be held responsible for a possible fraudulent, illicit use of credit cards and prepaid cards by third parties.
3. All the information on this website concerning the plants and the other products on sale is provided in good faith and is technically accurate. However, it is provided in a general, hypothetical way and it refers to average conditions. Therefore, the information on this website concerning the plants and the other products on sale cannot be considered in any way to be contractual clauses, that is, elements which contribute directly to the conclusion of your order.
ART 13 - Contact us
1. For any question, we are at your disposal and you can contact us at the following email: firstname.lastname@example.org
ART 14 - Place of jurisdiction
1. If you act as a final consumer, any possible dispute must be settled by the tribunal of your domicile or, of your choice, by the tribunal of Pistoia. If you act in the exercise of your entrepreneurial, commercial, handicraft or professional activity, any possible dispute must be settled by the tribunal of Pistoia.
ART 15 - Alterations to these Terms & Conditions
1. We can make changes or corrections to these Terms & Conditions any time. Therefore, you will be asked to accept exclusively the Terms & Conditions in force at the moment of your purchase. The new Terms & Conditions will become effective since their date of publication on the website www.letuepiante.com and in connection with orders made after that date.