GENERAL CONDITIONS OF SALE OF THE WEBSITE WWW.GEOSISM.COM
GEOSISM & NATURE S.a.s. di Barani Simone & C., (Tax code and VAT number: 02667240358) (from now on only "GEOSISM"), in the person of its pro tempore legal representative, with registered office in Bibbiano (RE), via Carso, 55, invites the user - who can qualify as a consumer pursuant to the combined provision between art. 3 paragraph 1 letter a) of Legislative Decree n. 206 of 6.9.2005 (hereafter "Consumer Code") ("the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity carried out") and art. 2 paragraph 1 letter e) of the Legislative Decree n. 70 of 9.4.2003 (hereafter "E-Commerce Code") ("any natural person who acts for purposes not related to any commercial, entrepreneurial or professional activity that may be carried out") (hereafter "user consumer ") or can qualify as a professional pursuant to art. 3 paragraph 1 letter c) of the Consumer Code ("the natural or legal person who acts in the exercise of their business, commercial, craft or professional activity, or an intermediary") (hereafter "professional user ") (Hereafter" so-called consumer user "and" so-called professional user "may possibly be jointly defined also as" user ") - to take careful and complete vision, at a time prior to the effective use of any service of the cd. information society pursuant to art. 2 paragraph 1 letter a) of the Electronic Commerce Code ("the economic activities carried out [...] online") and pursuant to art. 1 paragraph 1 letter b) of Law no. 317 of 21.6.1986 and subsequent amendments ("... any service normally provided for remuneration, remotely, electronically and individually by a recipient of services") offered by the website www.geosism.com (from now on forward "website"), of these General Conditions of Sale (hereafter "GCS"), which fully regulate the purchase activity (and consequent management of the related purchase order) of the goods pursuant to art. 810, 812 and 1519 bis paragraph 1 letter b) c.c. places for sale or subject to an invitation to purchase within the cd platform marketplace (hereafter "Platform") of the Site.
In compliance with art. 12 paragraph 3 of the Electronic Commerce Code, GEOSISM communicates that it has made these GCS available to the user in a format that allows their relative storage and reproduction: in this regard, GEOSISM specifies that these GCS have been prepared according to the requirements and the criteria provided for by art. 5 paragraph 3 and art. 9 of the Consumer Code as well as by articles 3 and 7 of the Electronic Commerce Code.
- Conclusion of the sales contract between the Seller and the user.
1.1. The purchase of goods published and displayed on the Site can be performed either by the so-called user consumer and by the so-called user professional: in this regard, GEOSISM states that, where the user consumer has not reached the age of majority and consequently has not achieved the relative ability to act pursuant to art. 2 c.c. any contract for the purchase of goods offered for sale on the Site must necessarily be signed by the operator parental user underage consumer, under penalty of annulment pursuant to art. 1425 c.c. of the legal shop in place.
1.2. In the event that the purchase contract for goods published and displayed on the Site is concluded with a so-called user. consumer, this purchase constitutes a distance contract pursuant to art. 45 paragraph 1 letter g) of the Consumer Code (“any contract concluded between the professional and the consumer in the framework of an organized regime of sale or provision of remote services without the physical and simultaneous presence of the professional and the consumer, through the exclusive use of one or more means of remote communication until the conclusion of the contract, including the conclusion of the contract itself "); on the other hand, in the event that the purchase contract for goods published and displayed on the Site is concluded with a so-called user. professional, this purchase constitutes a sales contract pursuant to art. 1470 of the Italian Civil Code.
1.3. The purchase contract is understood to be finalized only and only following the payment, by the user, of the total amount due for the purchase of the ordered good (s): in this regard, pursuant to art. 51 paragraph 2 of the Consumer Code, GEOSISM guarantees that, when submitting the purchase order, the user expressly recognizes that the order implies an obligation to pay; furthermore, if the forwarding of the order implies the obligation to operate a button or a similar function, the button or the similar function shall, in an easily readable way, only the words "order with obligation to pay" or an unequivocal corresponding wording indicating that placing the order implies an obligation to pay.
1.4. GEOSISM, following the complete payment of the amount due by the user, will issue the invoice in electronic format against the latter and in the mandatory cases envisaged by the specific legislation in force, which will be sent through the e-mail address indicated by the user; vice versa, in the event that the user needs only the tax receipt instead of the invoice in electronic format, GEOSISM will insert it inside the package containing the goods / s ordered and purchased by the user.
- Role of GEOSISM.
2.1. GEOSISM undertakes - as far as possible and with the exception of events directly and / or indirectly attributable and attributable to internet - to ensure that access to the Site is provided without interruption and that transmissions are made without errors. In this regard, GEOSISM also communicates that access to the Site may, on an occasional basis, be suspended and / or limited in order to allow the execution of necessary and essential repair, maintenance or introduction of new services and activities.
2.2. GEOSISM cannot be held liable either by the user or by any third party - for any reason, nature and reason - for any loss of any nature (including the so-called indirect one) or entities that are the consequence of the violation of any title, by the user or by the third party, of these GCS, as well as GEOSISM cannot be held responsible, either by the user or by the third party, for any type and nature of delay or failure to fulfill obligations and provisions contained and regulated in these GCS deriving from unforeseeable circumstances and / or force majeure.
Information aimed at concluding the purchase contract.
3.1. In compliance with articles 7 and 12 of the Electronic Commerce Code and in compliance with articles 49 and 51 of the Consumer Code, GEOSISM communicates, in a clear and understandable way, to the user, before submitting the purchase order and, therefore, before the latter is bound by a purchase contract or by a contract CD. remotely (where it is a so-called consumer user) that:
in order to conclude the contract for the purchase and sale of goods present on the Site, the user will be required to fill out an order in electronic format and transmit it electronically, making use of the instructions made available for this purpose;
before proceeding with the formal transmission of the purchase order, the user has the possibility and the right to identify and correct any errors and / or typos present in the purchase order (making use, for this purpose, of the instructions available) or the user has the right to modify, in whole or in part, the purchase order before its formal transmission;
the purchase contract is considered concluded when the purchase order arrives at the GEOSISM membership server, together with the relative copy of the receipt of payment of the amount of the good / s sold;
before proceeding with the formal transmission of the purchase order, the user will receive a communication containing the following information: (i) main characteristics of the asset / s; (ii) the identity of GEOSISM; (iii) geographic address where GEOSISM is established, its telephone number, fax number and e-mail address where available, in order to allow the user to quickly contact GEOSISM and communicate effectively , with the latter; (iv) the total sale price of the selected good (s), including the statutory taxes as well as any additional shipping costs or any other costs or, in the event that the described costs cannot reasonably be calculated in advance, the indication that these expenses will eventually be charged to the user; (v) the methods of payment, delivery of the good / s, the date by which GEOSISM undertakes to deliver the good / s; (vi) in the event of the existence of a right of withdrawal, the conditions, terms and procedures for exercising this right; (vii) if applicable, the information that the user will have to bear the cost of returning the goods (s) in case of withdrawal and, in the case of so-called contracts. remotely, if the good (s) by their nature cannot normally be returned by post; (viii) a reminder about the existence of the legal guarantee of conformity of the asset / s; (ix) if applicable, the existence and conditions of post-sale assistance to the user; (x) if applicable, the possibility of using an extra judicial complaint and appeal mechanism to which GEOSISM is subject, as well as the related conditions for accessing it.
before proceeding with the formal transmission of the purchase order, pursuant to art. 65 of the Consumer Code GEOSISM is required to request the express consent of the so-called user. consumer for any additional payments; in the event that GEOSISM does not obtain the express consent of the so-called user. consumer but he inferred it using pre-established options that the user consumer must refuse to avoid additional payment, the so-called user. consumer will be entitled to a refund of this payment.
3.2. In compliance with art. 13 of the Electronic Commerce Code and art. 51 paragraph 7 of the Consumer Code, GEOSISM is required to offer the user, without undue delay (at the latest at the time of delivery of the goods / i and preferably by electronic means (or in any case on a durable medium), order confirmation of purchase received, which must include all the information better illustrated in point d) of the previous art. 3.1. of these GCS (which must contain, in particular, the following data: summary of these GCS; information relating to the essential characteristics of the asset / s; detailed indication of the price, the means of payment, the right of withdrawal, the costs of delivery and applicable taxes).
3.3. In accordance with art. 13 paragraph 3 of the Electronic Commerce Code, we inform you that the order and the relative receipt are considered received when the parties to whom they are addressed have the possibility to access them.
3.4. GEOSISM reserves the right to refuse and / or completely or partially cancel one or more purchase orders where they come from: (i) from a user with whom he has an out-of-court or judicial legal dispute; (ii) by a user who has, in the past, violated (any version) of these GCS; (iii) by a user who has carried out (directly or indirectly) criminal or civilly relevant behavior through the Site.
3.5. The user has the right and the possibility to know the purchase orders made, by accessing his personal area on the site.
- Information and availability of the goods present on the Site.
4.1. All the goods present and available on the Site are accompanied by a specific information sheet aimed at illustrating the main characteristics of these goods, as well as information on the updated availability of each good selected by the user.
The images of the goods present and available on the Platform reproduce, in the most faithful way possible, the characteristics of the goods offered for sale on the Site, except for any hypothesis that the colors and dimensions of the goods may differ from the real ones and effective due to the settings of the IT systems used by the user to view them. For this reason, we inform you that, for the purposes of the correct conclusion of the purchase and sale contract, the user must take into consideration only the description present in the information sheet of each asset offered for sale on the Site: in this regard, GEOSISM does not may be held responsible, for any reason and for any nature whatsoever, for any discrepancies and / or inconsistencies in the description of the goods on the Site, as well as GEOSISM cannot be held responsible, for any reason and for any reason, for any damage caused to the user or to third parties due to any discrepancies and / or inconsistencies in the description of the goods present on the Site.
4.2. Considering that the Site can be simultaneously visited by multiple users, there may be the hypothesis that, following the simultaneous sending of the purchase order, by one or more users, in relation to the same asset, this reported asset is indeed no longer available. In this case or in the event that the unavailability of the property present on the Site derives from different causes, GEOSISM will be required to notify the user of this event without delay.
Where the hypothesis described above occurs, GEOSISM will be required to offer the user the following proposals: (i) in the event that it is possible to reassort the goods ordered by the user, GEOSISM will offer the latter an extension of the terms of delivery, taking care to specify the new delivery term of the object subject to restocking; (ii) if the restocking of the goods ordered by the user is not possible, GEOSISM will offer the latter the supply of a different good of equivalent or higher value, without prejudice to the burden, on the user, of to pay the relative price supplement.
4.3. In the event that the hypothesis described in the previous art occurs 4.2., The user is required to communicate to GEOSISM, without delay and in any case no later than the term of 5 (five) days from the formulation of the proposals better described in points (i) and (ii) of the previous art. 4.2., The possible acceptance of one of them through any communication tool previously agreed between the user and GEOSISM.
4.4. Where the hypotheses better described in the previous art. 4.2. and if the user decides not to make use of the alternative options better described in points (i) and (ii) of the previous art. 4.2. within the peremptory term indicated in the previous art. 4.3., The user will have the right to terminate the contract pursuant to art. 1453 of the Italian Civil Code signed with GEOSISM, without prejudice to the right to obtain reimbursement, without undue delay and in any case no later than 15 (fifteen) days from the conclusion of the contract, of all the sums paid in execution of the sales contract concluded with GEOSISM and without prejudice to the right to compensation for any damage consequently and possibly suffered.
If the hypothesis occurs for which the user is entitled to a refund of the sums paid in execution of the purchase contract concluded with GEOSISM, this refund will be communicated to the entitled person and will be credited, in favor of the user, through the use of the same payment method used by the user for the execution of the initial transaction, unless the user has agreed otherwise.
4.5. In the event that the unavailability better described in the previous art. 4.2. concerns only one or some of the goods ordered by the user, GEOSISM will be required to offer the same alternative proposals better described in points (i) and (ii) of the previous art. 4.2., Regarding which the user will be required to provide feedback within the same peremptory term better illustrated in the previous art. 4.3. Likewise, the user, should the hypothesis described in this article occur and if he decides not to make use of the alternative options better described in points (i) and (ii) of the previous art. 4.2. within the peremptory term indicated in the previous art. 4.3., Will have the right to partially revoke the purchase order with exclusive and limited regard to the unavailable goods, without prejudice to the right to obtain the refund, without undue delay and in any case no later than the term of 15 (fifteen) days starting from the conclusion of the contract, of all the sums paid in relation to those unavailable goods and for which he communicated the revocation of the purchase order, and without prejudice to the right to compensation for any damage consequently and possibly suffered.
- Sale price of the goods present on the Site.
5.1. In compliance with art. 13 paragraph 1 letter a) of the Consumer Code, the sale price of each good present on the Site Platform is to be understood as the final price, valid for a product unit or for a specific quantity of product, inclusive of the VAT where applicable and any other tax (in this regard, GEOSISM specifies that the range of products offered for sale on the Site is subject to three different tax rates: 22%, 10% or 4%, depending on the product category of membership).
5.2. GEOSISM reserves the right to modify, at any time, the sale price of each good offered for sale on the Site, without prejudice to the fact that the final price chargeable to the user will be solely and exclusively that indicated inside of the Site at the time the user makes the purchase order.
5.3. In the event that an asset has been offered for sale, within the Site, at a discounted price, the final purchase price will be indicated in the relevant information sheet of the asset affected by the discount in question, with respect to which the discount applied to it.
- Method of payment of the purchased good.
6.1. The payment of the total amount of the good(s) purchased by the user on the Site can be made by the latter, using the different methods indicated in the relevant order form (the accepted payment methods are the following: paypal; bank transfer; credit card; credit on postepay card: for further details and for payment credentials, the user is requested to view the "payments" page available on the home page of the Site).
6.2. Pursuant to and for the purposes of art. 62 of the Consumer Code, GEOSISM communicates that it will not impose the so-called user on the consumer or to the cd user. professional expenses for the use of the payment instruments available and accepted within the Site or GEOSISM communicates that it will not impose the so-called user on the consumer or to the cd user. professional expenses and / or rates for the use of the payment instruments available and accepted within the Site higher than those incurred by GEOSISM.
- Registration of the user within the Site.
7.1. User registration on the Site can only be done by creating your own personal account, subject to acceptance of these GCS.
7.2. In order to create your personal account, the user is required to duly fill in the appropriate form, inside which are expressly indicated which information must be provided in a mandatory manner and which information, on the contrary, may be provided in an optional way .
7.3. The creation, by the user, of his personal account allows him to proceed with the purchase of the good (s) present and offered for sale on the Site, as well as to carry out the following additional activities: (i) saving, modification and updating of one's personal data, both mandatory and optional; (ii) access to all information relating to the purchase orders submitted, as well as to any related return procedure for the purchased good (s); (iii) verification of the updated status of the purchase order submitted; (iv) use of the services present on the Site; (v) modification or revocation of consent to the processing by GEOSISM of their personal data for the possible execution of marketing purposes (so-called direct and / or so-called indirect), profiling or similar activities.
7.4. GEOSISM recommends the user to keep and keep, with the utmost care and diligence, the credentials necessary to access his personal account: in this regard, the user agrees to communicate, without delay, to GEOSISM any information about an improper use (even if only potential) of one's credentials, by third parties not expressly authorized.
7.5. The user expressly guarantees that the information provided for the creation of his personal account is true and, therefore, he expressly undertakes to indemnify GEOSISM from any type of liability deriving from the violation, by the user and / or any person third, of the registration procedure within the Site, or deriving from the undue use of their authentication credentials by unauthorized third parties or, finally, deriving from the incorrect and inappropriate storage and custody of the credentials to access their personal account . Furthermore, the user is required to use the Site in such a way as not to cause, directly or indirectly, any type of damage or malfunction of any type, as well as in such a way as not to cause any disturbance, prejudice to the Site and to any user registered on the Site.
7.6. GEOSISM reserves the right to suspend or cancel, at its sole discretion and without having to provide any reason in this regard, the personal account of the user who is responsible, directly or indirectly, for unlawful acts or violations of what is prescribed in the present GCS.
- Reviews, comments, communications and other content published on the Site.
8.1. The user is required not to publish reviews, communications, comments or any other type of content of an illicit, obscene, abusive or defamatory nature against GEOSISM and / or other users or third parties on the Site, as well as is required not to publish any type of content that could lead to a violation of the legislation on the protection of personal data of natural persons, a violation of the rules on intellectual property or a violation of any type of content containing, within them, viruses or elements assimilated to them.
8.2. The user is not required to use false personal data (including e-mail address) or connected, directly or indirectly, to third parties.
8.3. GEOSISM reserves, at any time, the right to suspend or cancel, at its sole discretion and without having to provide any motivation in this regard, the user's personal account which is responsible, directly or indirectly, for violations of what prescribed in the previous articles 8.1. and 8.2. of these GCS. In addition, GEOSISM reserves the right, at any time, to evaluate, approve, delete or prevent the publication of one or more advertisements and / or advertisements published on the Site, as well as to prevent any consultation in the event that, at its own unquestionable judgment, the announcement (s) and / or insertion (s) can be considered as damaging to rights and / or prerogatives of any nature or entity belonging to GEOSISM or to third parties or can be considered as damaging to what is prescribed in these GCS. In this regard, each user declares to indemnify and hold harmless - in any way and for whatever reason - GEOSISM from any claim and / or request of a legal nature formulated by third parties.
- Copyright and intellectual property law.
9.1. All content present or made available on the Site in the form of texts, graphics, logos, buttons, icons, images or similar are the exclusive property of GEOSISM or its suppliers and, therefore, are protected by current copyright and intellectual property laws.
9.2. It is absolutely forbidden for the user to extract and / or reuse, in a systematic way, parts of the Site, without the prior and express consent of GEOSISM.
9.3. It is absolutely forbidden for the user to reproduce, duplicate, copy, sell, resell, visit or in any other way use, for any personal or commercial use, the contents present or made available on the Site, without the preventive and express consent from GEOSISM.
9.4. It is absolutely forbidden for the user to resell or make commercial use of the contents present or made available on the Site, use lists, descriptions or prices of products, make any type of download, use data mining, robots or similar data acquisition and extraction devices.
9.5. All rights not expressly granted through these GCS remain the exclusive property of GEOSISM or its licensors, suppliers, publishers or other service providers.
- Right of withdrawal by the user.
10.1. Without prejudice to the exceptions better described in the following art. 12, the user has a period of 14 (fourteen) days to withdraw from the contract of sale (or from the so-called remote contract, if he is a so-called consumer user) without having to provide any reason and without having to support costs different from those foreseen in the following articles 10.5. and 11.1.
10.2. The withdrawal period referred to in the previous art. 10.1. ends after 14 (fourteen) starting:
in the case of a purchase and sale agreement for an asset (or a so-called remote purchase and sale agreement for an asset, if it is a so-called consumer user), from the day on which the user or a third party other than the carrier and designated by the user, acquires physical possession of the good / me: (i) in the case of multiple goods ordered by the user through a single order and delivered separately, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last asset; (ii) in the case of delivery of an asset consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last batch or piece; (iii) in the case of contracts for the periodic delivery of goods during a certain period of time, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the first asset.
10.3. Before the expiry of the withdrawal period, the user informs GEOSISM of his decision to exercise the right of withdrawal from the purchase contract (or from the so-called distance purchase contract, if he is a so-called consumer user). To this end, the user can submit any explicit declaration of his decision to withdraw from the purchase and sale contract (or from the so-called distance purchase contract, if he is a so-called consumer user). The user has exercised his right of withdrawal within the withdrawal period better indicated in the previous art. 10.1. if the communication relating to the exercise of the right of withdrawal is sent by the user before the expiry of the withdrawal period.
10.4. The exercise of the right of withdrawal terminates the obligations of the parties to execute or conclude the contract of sale (or the so-called distance purchase contract, in the event that it is a so-called consumer user).
10.5. GEOSISM reimburses all payments received by the user without undue delay and in any case within 14 (fourteen) days from the day on which he is informed of the user's decision to withdraw from the contract, with the exception of delivery costs, which will be reimbursed to the user only and exclusively in the event that the purchased good does not actually correspond to the description of the same present in the advertisement or in the event that the purchased good does not actually appear in the material and instrumental conditions for its suitable use. In this regard, GEOSISM states that the costs for returning the goods subject to withdrawal are entirely borne by the withdrawing user (in this regard, GEOSISM reminds that making purchases via paypal allows the user to obtain, by paypal himself , the return of the return costs in question).
GEOSISM performs the reimbursement using the same means of payment used by the user for the initial transaction, unless the user has expressly agreed otherwise and on condition that he does not incur any costs as a consequence of the reimbursement. Except in the event that GEOSISM has offered to collect the good himself, GEOSISM can withhold the refund until it has received the good or until the user has shown that he has sent the good back, whichever occurs first .
10.6. In the event that the user exercises his right of withdrawal from a contract of sale (or from a so-called distance purchase contract, where he is a so-called consumer user), any ancillary contracts connected to the aforementioned contract of sale are terminated by right, without costs for the user, with the exception of those foreseen by the second period of the previous art. 10.5.
- User obligations in case of exercise of the right of withdrawal.
11.1. Unless GEOSISM has offered to collect the good (s) himself, the user returns the good (s) or delivers them to GEOSISM or to a third party authorized by GEOSISM to receive the good (s), without undue delay and in any case within 14 (fourteen) days from the date on which he communicated to GEOSISM his decision to withdraw from the purchase and sale contract (or from the so-called distance purchase contract, if he is a so-called consumer user). The term is considered respected if the user returns the goods / s before the expiry of the period of 14 (fourteen) days. The user bears only the direct cost of returning the asset / s, provided that GEOSISM has not agreed to support it or has failed to inform the user that this cost is borne by the latter.
11.2. The user is solely responsible for the decrease in value of the asset (s) resulting from manipulation of the asset (s) other than that necessary to establish the nature, characteristics and functioning of the asset (s).
- Exceptions to the right of withdrawal.
12.1. The right of withdrawal is excluded in relation to: (i) supply of goods made to measure or clearly personalized; (ii) supply of goods that are liable to deteriorate or expire rapidly.
13.1. Unless otherwise agreed by the parties to the purchase and sale contract (or the so-called distance purchase contract, if it is a so-called consumer user), GEOSISM is obliged to deliver the good / s to the user without undue delay and at the most late within 30 (thirty) days from the date of effective conclusion of the contract.
13.2. The delivery obligation is fulfilled by transferring the material availability or otherwise checking the goods / s to the user.
13.3. If GEOSISM does not fulfill the obligation of delivery of the goods / s within the agreed term or within the term described in the previous art. 13.1., The user invites him to make the delivery within an additional period appropriate to the circumstances. If the additional term thus granted expires without the good / s being delivered to him, the user is entitled to terminate the contract, except for the right to compensation for consequently suffered damages.
13.4. The user is not burdened by the burden of granting GEOSISM the additional delivery term referred to in the previous art. 13.3. if: (i) GEOSISM has expressly refused to deliver the good (s); (ii) if compliance with the deadline agreed by the parties for the delivery of the goods / s must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; (iii) if the user has informed GEOSISM, before the conclusion of the contract, that delivery by or on a specific date is essential. Therefore, in the cases illustrated above, if the user does not receive the goods / s within the term agreed with GEOSISM or within the term indicated in the previous art. 13.1., The user is entitled to immediately terminate the contract pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right to compensation for damages.
13.5. In the event of termination of the contract entered into by the user pursuant to the previous articles 13.3. and 13.4., GEOSISM is required to repay all sums paid in execution of the contract without undue delay.
13.6. In the event that the good / s sent by GEOSISM to the user were to be delivered outside the Italian territory, the user could possibly be subject to import duties or taxes, payable towards him, once the good / s reaches the specific and indicated destination: in this regard, GEOSISM specifies that the described cost will be exclusively and entirely borne by the relative user.
13.7. At the time of shipment of the good / s, an email will be sent by GEOSISM to the user through which the delivery of the good / s to the carrier is communicated and confirmed, as well as the relative number of CDs. tracking through which the user will be able to verify the status of the shipment in real time.
13.8. The costs and the relative methods of delivery of the goods (s) ordered and purchased by the user will be indicated in detail in the information sheet of the relative goods (s); delivery is to be understood on the cd. street level and will be carried out, unless otherwise indicated, from Monday to Friday from 9:00 to 18:00, excluding national holidays.
13.9. The user expressly declares that the withdrawal of the goods / s ordered and purchased / s represents a specific and precise charge consequent to the signing of the related purchase contract; in the event that the delivery is not perfected due to the absence of the user at the address indicated by them for shipping, the carrier will be required to leave the cd inside the mailbox. notice of passage, containing within it the contact details necessary to be contacted. Also, in the event that the delivery is not perfected even to the cd. second attempt, the package containing the good / s will be deposited in the warehouse of the carrier in charge of delivery: in this regard, it is specified that the user is the sole and exclusive responsible for the collection (preferably quickly) of the product at the warehouse of the carrier in charge of delivery, in order to avoid their deterioration.
13.10. It is the user's responsibility to check the conditions of the purchased good (s) upon receipt of the same (s): in this regard, the user must check, with the so-called diligence of the good father of the family, the number of products received and that, above all, the packaging delivered by the carrier is intact, not damaged, nor wet or altered and, finally, the user must indicate on the carrier's transport document any anomalies found on the package, accepting it with cd. reserve. Where the user accepts the package with cd. reserve, the latter is recommended by GEOSISM to photograph the parcel itself before, where possible, in the presence of the courier, and to verify its contents.
13.11. GEOSISM carries out different types of shipping twice a week: with BRT or SDA courier, depending on the type of package, weight or volume (the days of the week chosen for the departure of the packages are Monday and / or Tuesdays and Thursdays and / or Fridays, with delivery in 24/48 hours depending on the location), with Pallex service (with delivery in 72/96 hours depending on the location), with BRT DPD GROUP service for all countries of the European Community (the days of the week chosen for the departure of the packages are Monday and / or Tuesday and Thursday and / or Friday, with delivery in 4/6 days depending on the location). Shipments are not made outside the territory of the European Community; the following territories are excluded from this service and subject to the relative customs duties: Bosnia and Herzegovina; Montenegro; Serbia; Azores; Andorra; Switzerland; Liechtenstein; Norway; Channel Islands; Canary Islands; Ceuta; Melilla. For further details, the user can take advantage of the "shipping info" page on the home page of the Site.
13.12. It is the user's responsibility to verify the accessibility of the place of unloading of the goods by the means in charge of delivery. In case of orders under 90 kg, vans with a length of not less than 4-5 m are used. For orders over 90 kg, deliveries are made with trucks having a length of no less than 10-12 m. For these reasons, the user is required to verify the effective access capacity of these vehicles at the place of delivery. By signing the sales contract, the user responsibly confirms the possibility of accessing the aforementioned means. In case of impossibility of access by couriers, for reasons of space or for any reason that prevents the employees and / or the relative means of transport from entering the unloading place, the user will be charged both for the costs of outward and the costs that will have to be incurred by GEOSISM for the return of the goods to its warehouse. The reimbursement to the user will therefore be made net of the aforementioned costs. In the case of orders over 1200 kg, the user must necessarily be equipped with personal means for unloading (eg: forklift, tractor with forks, etc ...). Otherwise, unloading is not to be considered as the means of transport are not equipped with equipment that can unload weights exceeding 1200 kg. In this situation, the return of the goods at the GEOSISM headquarters is expected. The costs incurred by GEOSISM will be charged to the user in the manner described above.
13.13. Once the shipment has been made, GEOSISM will inform the user of the departure of the goods. After this operation, any cost for diverting the goods to destinations other than those indicated in the sales contract, if possible, will be borne by the user.
Passing of risk.
14.1. In contracts that place the obligation of GEOSISM on the shipment of the good / s, the risk of loss or damage to the good / s, for reasons not attributable to GEOSISM, is transferred to the user only when this the latter, or a third party designated by him and different from the carrier, physically enters into possession of the asset (s). However, the risk is transferred to the user already at the time of delivery to the carrier if the latter has been chosen by the user and this choice has not been proposed by GEOSISM, without prejudice to the user's rights towards the carrier.
- Contract compliance.
15.1. GEOSISM has the obligation to deliver to the user a good / s compliant with the sales contract concluded. It is assumed that the asset (s) is / are in compliance with the contract if, where relevant, the following circumstances exist:
it is suitable for the use for which an asset of the same type is normally used;
complies with the description made and possesses the qualities of the asset that GEOSISM presented to the user as a sample or model;
presents the usual quality and performance of an asset of the same type, which the user can reasonably expect, taking into account the nature of the asset and, where appropriate, public statements on the specific characteristics of the asset made in this regard by GEOSISM;
it is also suitable for the particular use desired by the user and which was brought to the attention of GEOSISM at the time of the conclusion of the contract and which GEOSISM has accepted also for conclusive facts.
15.2. The lack of conformity does not exist if, at the time of the conclusion of the contract, the user was aware of the defect or could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the user.
15.3. GEOSISM is not bound by the public declarations better described in the previous point c) of art. 15.1. when, even alternatively, it shows that: (i) he was not aware of the declaration and could not know it with ordinary diligence; (ii) the declaration has been adequately corrected by the time of the conclusion of the contract so as to be known to the user; (iii) the decision to purchase the asset (s) was not influenced by the declaration.
15.4. In the event of a cd user. consumer, GEOSISM is responsible when the lack of conformity of the good (s) occurs within two years from the delivery of the good (s). The user forfeits the rights described in the following art. 16 if he does not report the lack of conformity to GEOSISM within the term of 2 (two) months from the date on which he discovered the defect; the report is not necessary if GEOSISM acknowledged the existence of the defect or concealed it. Unless proven otherwise, it is assumed that the defects of conformity that occur within 6 (six) months from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance. The direct action to assert defects not maliciously concealed by GEOSISM is prescribed, in any case, within 26 (twenty-six) months from the delivery of the goods; the user, who is agreed for the execution of the contract, can however always assert the rights referred to in the following art. 16 provided that the lack of conformity has been reported within 2 (two) months from the discovery and before the expiry of the term referred to in the previous period.
15.5. In the event of a cd user. professional the provisions of art. 1495 c.c. and therefore the so-called user professional forfeits the right to guarantee pursuant to art. 1490 c.c. if you do not report the defects to GEOSISM within 8 (eight) days of discovery. The report is not necessary if GEOSISM has recognized the existence of the defect or has concealed it. The action is prescribed, in any case, in one year from delivery but the user cd. professional, who is agreed for the execution of the contract, can always assert the guarantee, provided that the defect of the thing has been reported within 8 (eight) days from the discovery and before the course of 1 (one) year from delivery.
15.6. The warranty best illustrated in the previous or possibly subsequent articles of these GCS is not expressly applicable to the following products: soil; substrates; fertilizers and, finally, to all perishable products belonging to the related product categories.
- User's rights.
16.1. GEOSISM is responsible, towards the user, for any lack of conformity existing at the time of delivery of the good / s.
16.2. In the event of a lack of conformity, the user has the right to restore, without charge, the conformity of the goods by repair or replacement or to an adequate reduction in the price or termination of the contract.
16.3. The user can ask, at his choice, to repair the good or to replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome compared to the other: in this regard, one must be considered excessively burdensome of the two remedies if it imposes unreasonable costs on GEOSISM compared to the other, taking into account: (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) of the possibility that the alternative remedy can be tried without significant inconvenience for the user. The costs refer to the costs necessary to make the good / s compliant, in particular with reference to the costs incurred for shipping, for the workforce and for the materials.
16.4. Repairs or replacements must be made within a reasonable time from the request and must not cause significant inconvenience to the user, taking into account the nature of the asset and the purpose for which the user purchased the asset.
16.5. The user can, in turn, request a reasonable price reduction or termination of the contract if one of the following situations occurs: (i) repair and replacement are impossible or excessively expensive; (ii) GEOSISM did not repair or replace the goods within the appropriate term referred to in art. 16.4 .; (iii) the replacement or repair previously carried out has caused significant inconvenience to the user. In determining the amount of the reduction or the sum to be returned, the use of the asset (s) is taken into account.
16.6. After reporting the lack of conformity, GEOSISM can offer the user any other available remedy, with the following effects: (i) if the user has already requested a specific remedy, GEOSISM remains obliged to implement it within a reasonable period, subject to acceptance by the user of the proposed alternative remedy; (ii) if the user has not already requested a specific remedy, the user must accept the proposal or reject it by choosing another remedy.
16.7. A slight lack of conformity for which it was not possible or is excessively burdensome to carry out the remedies of repair or replacement, does not entitle the termination of the sales contract.
- Applicable law, jurisdiction and alternative methods.
17.1. The sales contract concluded between GEOSISM and the user through the Site is governed by the applicable Italian legislation.
17.2. In the event that the buyer is a cd user. consumer, for the resolution of the dispute inherent in these GCS, pursuant to and for the effects of art. 66 bis of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the so-called user. consumer; on the other hand, in the event that the buyer is a cd user. professional, for the resolution of the dispute inherent in these GCS, the territorial jurisdiction is, exclusively, of the Court of Reggio Emilia.
17.3. The user also has the right to avail himself, where the necessary requirements exist and in order to resolve the dispute inherent in these GCS, of the "European Small Claims Procedure" provided for by EU Reg. No. 2015/2421 of the European Parliament and of the Council of 16.12.2015
17.4. In addition to the procedure better described in the previous art. 17.3., The user also has the right to make use, where the necessary requirements exist and in order to resolve the dispute inherent in these GCS, of the "Online dispute resolution" established by the European Commission, as well as has the right to make use, where the necessary requirements exist and in order to resolve the dispute inherent in these GCS, of the extrajudicial bodies that operate electronically pursuant to art. 19 of the Electronic Commerce Code.
17.5. In addition to the procedures better described in the previous articles. 17.3. and 17.4., the so-called user the consumer also has the right to make use, where necessary requirements exist and in order to resolve the dispute inherent in these GCS, of the voluntary out-of-court dispute resolution procedure pursuant to art. 141 of the Consumer Code, without prejudice to the right, for the so-called user consumer, not to be deprived of the right to appeal to the competent judge whatever the outcome of the out-of-court settlement procedure as provided for in paragraph X of art. 141 of the Consumer Code.
- Any changes to these GCS.
18.1. GEOSISM reserves the right to modify these GCS at any time and, therefore, any changes or additions to these GCS will come into force from the moment of their publication on the Site. Consequently, the user and / or the Seller is required to consult , before placing any order or before concluding any sales contract, the most updated version of the GCS.
18.2. In the event that any clause or article of these GCS is declared void, invalid or for any reason inapplicable, this event will not affect the validity and effectiveness of the other residual clauses or articles of these GCS or any updated or modified or integrated version of the themselves.
GEOSISM & NATURE S.a.s. di Barani Simone & C.
(in the person of its pro tempore legal representative)