Terms of Service and Sale

GENERAL CONDITIONS OF SALE

Italian Version

Premise

This information is provided for the site " https://www.terreostili.it " ( Site ) owned by Maracuja Pubblicità e Grafica di Ostili Marta, with registered office in Vocabolo Maestà 66A - Frazione Ripaioli Todi PG 06059 IT, Chamber of Commerce of PG - 270123, with VAT no. IT03186030544, with tax code STLMRT86S60L188A ( Seller ).

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5 These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Seller which may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or for the sale of products by such subjects. On the websites that can be consulted via these links, the Seller does not carry out any checks and/or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.

1.6 You are required to carefully read these General Conditions of Sale as well as all the other information that the Seller provides on the Site, even during the purchase procedure.

1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.

Art. 2. Purchases on the Site

2.1 Purchase on the Site

  • can take place after registering on the Site
  • it is allowed both to users who have the quality of consumers and to users who have the quality of professionals. Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, it should be remembered that the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out has the quality of consumer; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or one of his intermediaries, has the quality of professional.

2.2 To avoid hoarding, no more than 20 pieces of the same item may be purchased within the same order.

2.3 Under no circumstances will resellers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale be able to make purchases on the Site. It is therefore forbidden for these subjects to make purchases on the Site.

2.4 The Seller reserves the right to refuse or cancel orders that come from:

  • by a user with whom the Seller has an ongoing legal dispute
  • by a user who has previously violated the General Conditions of Sale
  • by a user who has been involved in crime
  • by a user who has released false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Seller the documents requested by the same or who have sent invalid documents.

Art. 3. Registration on the Site

3.1 To register on the Site, you must fill in the appropriate form, entering the following data:

  • e-mail
  • password.

3.2 You undertake to immediately inform the Seller in the event that you suspect or become aware of an improper use or undue disclosure of your access credentials to the Site.

3.3 The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and/or the provision of false, incomplete or in any case inaccurate personal data, without prejudice to the Seller's right to proceed with disabling the user's account.

Art. 4. Information directed to the conclusion of the contract

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

  • to conclude a purchase contract on the Site, you must complete an order form in electronic format and send it to the Vendor, electronically, following the instructions that will appear from time to time on the Site
  • the contract is concluded when the order form reaches the Seller's server
  • once the order form has been received, the Seller will send you the order confirmation to the e-mail address indicated, containing:
    • information relating to the characteristics of the purchase
    • the indication of the price
    • the indication of the means of payment used
    • the indication of the delivery costs.

Art. 5. Availability of Products

5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

5.2 The Site contains information relating to the availability of each Product.

5.3 You will be informed in the event of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code.

5.4 Alternatively, you may accept:

  • if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term
  • if a restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.

5.5 If a refund of the amount paid for the purchase of Products which later turned out to be unavailable is requested, the Seller will make the refund within a maximum period of 15 days.

5.6 In the event that you exercise the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order ( Total Amount Due ) has already taken place, the Seller will reimburse the Total Amount Due in accordance with the provisions of the article "Methods of payment" below.

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page which illustrates its main characteristics ( Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the IT systems or the computers you use to view them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances.

Art. 7. Prices

7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.

7.2 The Seller reserves the right to modify the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations (increase or decrease) following the transmission of the same.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user sends it.

7.4 The use of discount coupons is governed on the site according to the following principles:

  • If the value of the discount code is less than that of the order, the remaining amount can be completed according to the payment methods provided on the site
  • Discount codes cannot be combined with each other for a single purchase
  • Discount codes can also be used to purchase products already on promotion
  • Discount codes can also be used for payments of expense amounts lower than their value; in this case the remaining discount amount cannot be re-credited and is considered lost
  • Each discount code can only be used for one purchase
  • In no case do discount codes give the right to a refund in the case of purchases of a lower amount
  • Any products for which it will not be possible to use the discount codes will be duly reported on the Site
  • In the event of cancellation for any reason of an order for which a discount code was used, the relative amount will be re-credited to the customer's personal account
  • In no case can discount vouchers be converted into cash.

Art. 8. Purchase orders

8.1 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.

The Service you have chosen will only be performed following payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is resolutely conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

8.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the pages of the purchase procedure. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.

Art. 9. Method of payment

9.1 The following payment methods are permitted on the Website:

  • Payment card
  • PayPal.

9.2 The Seller accepts credit cards from the circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • master

In any case, they are indicated in the footer of each page of the Site.

The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has released the debit authorization.

In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

The charge will be made when the order is sent.

9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as the means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.

In the case of payment through PayPal, the Total Amount Due will be charged by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to contest which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.

Art. 10. Delivery of Products

10.1 There are no limitations on delivery, except in the cases indicated on the Site and/or in the Product Sheet.

10.2 Shipping costs are indicated from time to time on the Site and/or in the Product Sheet.

10.3 From the date the order is sent, the Products will be delivered within 5 days and, in any case, within thirty days from the date of conclusion of the contract.

10.4 It is up to you to check the condition of the delivered Product. It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.

Art. 11. Right of withdrawal

11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are:

  • sold made-to-measure or clearly personalized goods.

11.2 If you are a consumer, you have the right to withdraw from the Product purchase contract without having to provide any reasons and without having to incur costs other than those provided for in this article within the term of fourteen calendar days ( Withdrawal Period ). The Withdrawal Period expires after 14 days:

to. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.3 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

    11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:

    Email: supplies@terreostili.it

    It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.

    11.5 In case of exercise of the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale.

    11.6 The direct costs of returning the Products are at your expense as well as the responsibility for the transport of the same.

    11.7 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the Your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you demonstrate that you have returned the Products, whichever is earlier.

    11.8 You are solely responsible for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

    11.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the redemption amount an amount equal to this decrease in value. The Seller will inform him of the circumstance and of the consequent reduced refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to of the decrease in value of the Product.

    11.10 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 5 (working) days of receiving the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.

    11.11 In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product of the value of 150.00 Euros, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned will never exceed the amount actually paid.

    Art. 12. Legal guarantee

    All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ( Legal Guarantee ).

    To whom it applies

    The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

    When to apply

    The Seller is liable to the consumer for any lack of conformity of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

    Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

    In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date the purchase was made (for example the payment card statement) and the date of the delivery.

    In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will return the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the means or payment solution used by the consumer for the purchase.

    The Seller is not liable in the event of damages of any kind resulting from the use of the Product improperly and/or not in compliance with the instructions provided by the manufacturer, as well as in the event of damages deriving from unforeseeable circumstances or force majeure.

    If you made the purchase as a "professional" in accordance with the provisions of the Consumer Code, the previous paragraphs of this article do not apply. Your purchase on the Site will be subject to the legal guarantee provided for by art. 1490 civil code

    Art. 13. Manufacturer's conventional guarantee

    13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ( Conventional Guarantee ). You can assert this guarantee only against the manufacturer. The duration, the extension, also territorial, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Warranty.

    Art. 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

    14.1 The purchase contracts concluded through the Site are governed by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

    14.2 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place in which the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent, pursuant to the provisions of article 1 above.

    14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has presented a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to avail or less of such bodies to resolve the dispute itself.

    14.4 The Seller also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.

    14.5 In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

    14.6 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu .

    Art. 15. Customer service and complaints

    It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

    • by email, at the following address:supplie@terreostil.it.

    The Seller will respond to complaints presented within 3 days of receipt of the same.

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    SMS/MMS Mobile Message Marketing Program Terms and Conditions

    (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement” ). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

    The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (eg, product discounts) from via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

    If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out .

    For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

    We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

    The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

    You agree to indemnify, defend, and hold us harmlessly from any third-party claims, liabilities, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages , as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

    You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.

    GENERAL TERMS AND CONDITIONS OF SALE

    He premised

    The following Terms and Conditions of Sale regulate the sale on this website “ https://www.terreostili.it ” ( Website ). The seller is Maracuja Advertising and Graphics by Ostili Marta, with registered office in Vocabolo Maestà 66A - Frazione Ripaioli Todi PG 06059 IT , Chamber of Commerce of PG - 270123, VAT number IT03186030544, with tax code STLMRT86S60L188A ( Seller ).

    Article 1. Application Scope

    1.1 The sale on the Website represents a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, No. 206 ( Italian Consumer Code ) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.

    1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.

    1.3 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit the website regularly in order to read the most updated version of the General Sale Conditions.

    1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

    1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. The Seller is not liable for the supply of services and/or the sale of products by these parties. The Seller does not carry out any checks on and/or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.

    1.6 The user shall carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Website, also during the purchase process.

    1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.

    Article 2. Purchasing through the Website

    2.1 The purchase through the Website is allowed to the user who

    • is a register user of the Website
    • acts as both a consumer and a trader. Pursuant to Article 3, Paragraph I, lett. a) of the Consumer Code, a "consumer" is defined as a natural person who acts for purposes unrelated to any business, commercial, professional or craft activities that they may conduct. Pursuant to Article 3, Paragraph I, lett. c) of the Consumer Code, a "trader" is defined as a natural person who acts for purposes related to his/her business, commercial, professional or craft activities..

    2.2 To avoid hoarding, you cannot buy more than 20 pieces of the same article within the same order.

    2.3 The Seller reserves the right to refuse or cancel orders placed:

    • by a user with whom the Seller is in dispute
    • by a user who has breached this General Terms and Conditions of Sale
    • by a user who has committed crimes
    • by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the Seller the required documents.

    Article 3. Registering on the Website

    3.1 To register on the Website, the user must fill out the registration form, entering the following data:

    • e-mail
    • password.

    3.2 The user undertakes to immediately inform the Seller if they have suspicions of or become aware of any illegal use or disclosure of said data.

    3.3 The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless the Seller against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.

    Article 4. Information Required for Entering into an Agreement

    4.1 In accordance with Legislative Decree of April 9 2003, No. 70 on electronic commerce, the Seller hereby informs the user that:

    • to conclude the purchase agreement on the Website, the user must fill out an order form in electronic format and send it to the Seller electronically, following the instructions that will appear from time to time on the Website;
    • the agreement is concluded when the order form reaches the server of the Seller
    • once the order form has been submitted, the Seller will send the user, at the provided e-mail address, an order confirmation containing the following:
      • purchase descriptions
      • the relevant price
      • an indication of the payment means
      • an indication of the delivery costs.

    Article 5. Product Availability

    5.1Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than one user purchases the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.

    5.2 The Website contains information relating to the availability of each Product.

    5.3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user, especially those provided under Book IV, Title II, Chapter XIV of the Italian Civil Code, the Seller will immediately inform the user. The user will therefore be entitled to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code.

    5.4Alternatively and without prejudice to his/her rights, the user may accept:

    • an extension of the delivery period
    • a product of equivalent or higher value (in this case, upon payment of the difference, and upon express acceptance of the user).

    5.5 If a refund is requested for the amount paid for the purchase of Products that later proved to be unavailable, the Seller will refund in maximum 15 days.

    5.6 If the user avails themselves of the right to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code, the purchase agreement will terminate. If the payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and any other additional cost resulting from the order ( Total Sum Due ) - has already been made, the Seller will refund the Total Sum Due according to Article "Payment Methods for Purchases Made through the Website".

    Article 6. Product Sheet

    6.1 Each Product is accompanied by a product information sheet illustrating its main features ( Product Sheet ). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted threshold tolerances. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.

    Article 7. Prices

    7.1 All prices are VAT included.

    7.2 The Seller hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.

    7.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.

    7.4 Coupons are governed as follows:

    • If the value of the discount code is lower than the purchase order, the balance can be paid according to the payment methods provided on the Website.
    • Discount codes cannot be used together for a single purchase.
    • Discount codes can also be used for purchasing products already on sale.
    • Discount codes may also be used for payments less than their value; in this case the balance can not be refunded.
    • Each discount code can be used for one purchase only.
    • Discount codes do not give the right to a refund in case of purchases of a lower amount.
    • Any Products for which you can't use discount codes will be duly reported.
    • In case of cancellation for any reason of an order for which a discount code has been used, the amount will be refunded to the customer's personal account.
    • Under no circumstances can the vouchers be converted into cash..

    Article 8. Purchase Orders

    8.1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the use. Ownership of the Products will be transferred to you at the time of the delivery, understood as the time of delivery of the Product to the carrier. Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product(s) .

    The Service chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is established that you have not paid all or part of the Total Amount Due.

    8.2 The purchase contract is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be canceled accordingly.

    8.3 In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, by clicking the relevant box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on this Website.

    Article 9. Payment Methods for Purchases Made through the Website

    9.1 The payment on the Website can be made by:

    • Payment cards
    • PayPal.

    9.2 The Seller accepts the following credit cards:

    • VISA
    • MasterCard (Cirrus Maestro)
    • master

    The credit cards accepted by the Seller are specified in the footer.

    The charge will only be made after (i) your payment card details used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorization.

    Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Website during the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete this procedure may make it impossible to finalize the purchase on the Website.

    The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the relevant payment institution without passing through the servers used by the Seller. The Seller therefore never has access to and does not store the data of your payment card used to pay for the Products.

    The charge of the Total Sum Due will only be made at the time of transmission of the order.

    9.3 As for PayPal payments, the user will be redirected to the website www.paypal.com, where they shall make the payment on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal . The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is thus unable to know, or memorize in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to said account.

    If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favor of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user's PayPal account.

    Article 10. Product Delivery

    10.1 There are no limitations to delivery, except in cases indicated on the Website and/or in the Product Sheet.

    10.2 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Sheet or in other parts where this is communicated.

    10.3 The Products will be delivered within 5 days of receipt of the order and, in any case, within thirty days, effective from the day on which the agreement is entered into.

    10.4 You are kindly asked to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, the Seller suggests to you to check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials; also, the Seller suggests to you to indicate on the carrier's transport document, any anomalies, accepting in thi event the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and legal guarantee of conformity apply.

    Article 11. Right of Withdrawal

    11.1 Unless otherwise indicated, in the event of purchase on the Website, you do not have the right of withdrawal (defined below) provided for Article 52 of the Consumer Code as indicated in this article. Indeed, on the Website are offered for sale:

    • goods made to the consumer's specifications or clearly personalised.

    11.2 The user - who acts as a consumer - has the right to withdraw from the sale of goods agreement for the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in this article, within fourteen calendar days ( Right of withdrawal ). The withdrawal period ( Withdrawal Period ) expires after 14 days:

    a in case of a single Product order, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product;

    b. in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product delivered last; or

    c. in case of an order related to the delivery of a Product of different batches or multiple pieces, from the day when you or a third person, different from the carrier and elected by you, acquires the physical possession of the last batch or the last piece .

    11.3 To exercise the Right of withdrawal, the user must inform the Seller, prior to the expiry of the Withdrawal Period, of their decision to withdraw.

      11.4 You have exercised your Right of withdrawal within the Withdrawal Period if the relevant communication is sent by you before the expiry of the Withdrawal Period. This communication must be transmitted with the following ways:

      Email: supplies@terreostili.it

      The Consumer shall obtain lasting means of storage for the communication related to the exercise of the Right of withdrawal, since the burden of proof concerning the exercise of this right before the expiry of the Withdrawal Period falls on the user.

      11.5 In case of exercise of the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph in these General Conditions of Sale.

      11.6 The cost for returning the Product (including custom duties) is at the user's expense and the return occurs under their responsibility.

      11.7 If the user withdraws from the agreement, the Seller shall refund the Total Sum Due paid by the user for the Product, including delivery expenses without undue delay and no later than 14 calendar days from the date on which the Seller was informed of the user's decision to withdraw from the agreement. The refund will occur by using the same payment method employed for the original transaction. In the event that the user have returned the Products using a carrier of their choice and at their costs, the Seller may suspend the reimbursement until receipt of the Products or until prove your demonstration of having sent the Products back, whichever is earlier.

      11.8 The user is only responsible for the decrease in value of the goods due to a different use of the Product to the one necessary to establish the features and the Product functioning. In any case the Product must be kept, handled and inspected with the normal diligence and returned intact, complete in all its parts, fully functional, must include also all the accessories and the illustrative leaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to the Product in its entirety. In this sense it cannot be exercised just for some parts and/or accessories (which don't represent and are not autonomous products) of the Product.

      11.9 If the Product has suffered a loss in value resulting from the handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this loss in value. The Company will notify you within 5 days of receipt of the Product of the circumstance and the consequent reduced refund amount. If the refund has already been paid, the Company will communicate the bank details for the payment of the amount due by the user due to the decrease in value of the Product.

      11.10 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in termination of the contract and, by consequence, won't create any right of reimbursement. The Seller will communicate to the user that it will reject the withdrawal request within 5 working days from the reception of the Product. In case the Product already arrived back to the Seller, it will stay to the Seller for user disposal for the pick-up that will have to be done on charge and under responsibility of the user.

      11.11 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in favor of the user will be quantified in proportion to the value of the Product subject to withdrawal. For example, the user has placed an order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and returns the Product of the value of 150.00 Euros, the user will be reimbursed for an equal amount to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned will never exceed what actually paid by the user.

      Article 12. Legal Guarantee of Conformity

      All the Products sold on the Website are covered by the legal guarantee of conformity provided by articles 128-135 by Legislative Decree N. 128-135 of Consumer Code ( Legal Guarantee ).

      To whom it applies

      The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Website for purposes other than entrepreneurial, commercial, craft or professional activities.

      When it applies

      The Seller is liable vis-à-vis the consumer for any non-conformity existing at the time of delivery of the product and becoming visible within two years of said delivery. The Seller must be informed of the non-conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

      Unless proven otherwise, the non-conformity materializing within six months from the delivery date of the product are assumed as existing since the latter, unless the assumption is incompatible with the nature of the product or with the nature of the non-conformity. Starting from the seventh month following the delivery of the product, the burden of proof to prove that the non-conformity already existed at the time of delivery of the product shall lie with the consumer.

      In order to take advantage of the Legal Guarantee, you must thus provide proof of the date of the purchase and delivery of the good. It is therefore advisable, for the purpose of proving the purchase, that you keep the invoice sent by the Seller, as well as the transport document or any other document certifying the date of the purchase (such as the credit card statement or the bank statement ) and the delivery date.

      In case of termination of the contract, the Seller will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional cost. In case of price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

      The Seller shall not be held liable in the event of damage of any kind resulting from the improper use of the Product or in the event of damage resulting from unforeseeable circumstances or force majeure.

      If you made the purchase as a "professional" in accordance with the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code.

      Article 13. Manufacturer's Standard Warranty

      13.1 The products sold on the Website may, according to their nature, be covered by a standard warranty issued by the manufacturer ( Conventional Warranty ). The user may only assert their right to the warranty with the manufacturer. The duration, scope (including geographical scope), conditions and procedures, the types of damage/defects covered and the restrictions of the Standard Warranty are set by each manufacturer and are specified in the so-called warranty certificate contained in the product packaging.The Standard Warranty is elective by nature and does not add to, replace, restrict, prejudice or set aside the Legal Guarantee.

      Article 14. Applicable Law and Jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

      14.1 The purchase contracts concluded between you and the Seller are governed by the Italian law. To the users regularly non residents in Italy will be applied possibly more favorable and mandatory provisions provided by the law of the country in which they are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case the User would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.

      14.2 If you are a "consumer", for any dispute concerning the application, execution and interpretation of these General Terms and Conditions of Sale, the Court is where you have your residence or you have elected your domicile. If you are a "trader" for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller has its registered office in accordance with the provisions of article 1 above shall have sole jurisdiction.

      14.3 According to Article 141-sexies, comma 3 Legislative Decree of 6 September 2005 N. 206 (Consumer Code), the Seller informs the user as an end consumer whom Article 3, comma 1, lett. a) of the Consumer Code, that, in case he/she has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the controversy that arose, the Seller will provide the informations concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Sale Conditions (ADR organizations, as indicated in Article 141-bis and followings of the Consumer Code), also specifying if it wants to use or not these organizations in order to solve the dispute.

      14.4 Furthermore the Seller informs you as consumer whom at Article 3, paragraph 1, lett. a) of the Consumer Code that a European platform for online resolution of consumer disputes was established (ODR Platform). The consumer can browse ODR Platform at the following link: http://ec.europa.eu/consumers/odr/ ; through ODR Platform the consumer can see the list of ADR Organizations, find the link redirecting to each one website and start an online procedure for the solution of the disputes in which he is involved.

      14.5 Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, in any case the consumer has always the right to bring legal action before the competent Court.

      14.6 For any disputes related to the application, execution and interpretation of these General Terms and Conditions of Sale, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu .

      Article 15. Customer Care and Complaints

      You may request information, send communications, ask for assistance or submit complaints by contacting the Seller's Customer Service as follows:

      • by email, writing to:supplie@terreostili.it .

      The Seller will deal with complaints by replying within 3 days of receipt.

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      SMS/MMS Mobile Message Marketing Program Terms and Conditions

      (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement” ). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

      The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (eg, product discounts) from via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

      If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out .

      For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

      We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

      The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

      You agree to indemnify, defend, and hold us harmlessly from any third-party claims, liabilities, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages , as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

      You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

      You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.