Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the purchase of products marketed on the website shop.rosebarni.it, owned by Società Agricola Rose Barni, VAT number 00163700479.

The sale of products is managed by Soc. Agr. Rose Barni, with registered office in Via del Casello 5, 51100 Pistoia (PT).

Sending an order implies full acceptance of these General Terms and Conditions of Sale.

For the purposes of these conditions, Consumer, Professional, Client, Contract, Business Day, Order, and GTC refer to the definitions provided in the full text of the terms of sale.

Any Contract relating to the purchase of Products entered into will be exclusively in Italian. The presentation of the Products on the Website is aimed at Website users so that they may formulate a purchase proposal to Soc. Agr. Rose Barni. Such invitations to offer are not binding for Soc. Agr. Rose Barni and, in particular, do not constitute public offers pursuant to and for the purposes of art. 1336 of the Civil Code, with all decisions regarding the acceptance of any proposals formulated remaining at the full discretion of Soc. Agr. Rose Barni. In any case, a definitive commitment by the Consumer is excluded until Soc. Agr. Rose Barni has, in turn, accepted the order forwarded by the Consumer. To proceed with the purchase of one or more Products via the Internet, the Customer must first register on the Website, providing Soc. Agr. Rose Barni, in compliance with applicable personal data protection provisions, all necessary data to allow the company to execute the forwarded Orders. Once registration is complete, the Customer can select one or more Products they intend to purchase, placing them in a virtual "cart," the content of which can always be viewed before proceeding with the Order. It is specified that the Customer has the right to use the system only in demonstrative mode, so as not to inadvertently perform operations that could legally bind them without their will. By clicking the "Proceed to Purchase" button, the Customer will initiate the Order submission process. During the Order formulation phase and until its actual submission, the Customer will, in any case, have the opportunity to review the entered data by clicking the "Back" button, so as to identify, correct and/or delete any incorrect information or data entered up to that point. By clicking the "Complete Order" button, at the end of the initiated procedure, the Customer will submit the Order to Soc. Agr. Rose Barni. Any Order submitted in this manner shall be understood, for all purposes, as a contractual proposal by the Customer. The submission of the Order by the Customer will be promptly followed by confirmation from Soc. Agr. Rose Barni regarding the receipt of the Order, by sending an e-mail to the e-mail account communicated by the Customer at the time of registration on the site. By sending this e-mail, Soc. Agr. Rose Barni will also communicate to the Customer the Order Confirmation. Soc. Agr. Rose Barni will have the right to accept or not accept the Orders received without, in the event of non-acceptance, the Customer being able to advance rights or claims against the company for any reason. The order and the Order Confirmation are considered received when the parties to whom they are addressed have the possibility to access them. The contract will be considered concluded, and therefore the order accepted, when the Customer becomes aware of the acceptance of their purchase proposal by Soc. Agr. Rose Barni, or when the Customer receives the Order Confirmation Email at their e-mail address, containing confirmation of the acceptance of the Order, with a simultaneous description of the newly concluded Order.

The prices of the Products published on the homepage or in the different sections of the Website include VAT and do not include any taxes, duties, and imposts applicable in the country of destination of the Products, where this is different from Italy, which will be borne by the Customer. Soc. Agr. Rose Barni reserves the right to modify the prices of the Products listed on the Website at any time. Any changes to Product prices will not, however, be effective against Customers who have already placed an Order. Shipping costs are listed on the Shipping page of the Website and are borne by the Customer, unless special promotions are implemented on the Website. In the case of purchases of particularly bulky, fragile, heavy, or expensive goods, shipping costs may be subject to changes which will be promptly communicated to you in the order acceptance email.

For each Order, the Customer will pay the full price of the ordered Products simultaneously with the submission of the Order. It is understood that, in case of non-acceptance of the Order by Soc. Agr. Rose Barni, the latter will promptly reimburse the Customers any amounts already paid. During the Order submission process, Soc. Agr. Rose Barni offers various payment methods, namely 1) credit card (Visa, MasterCard, American Express; 2) cash on delivery 3) bank transfer or payment to a postal current account; this payment is intended as a deposit until the moment of shipment, when the tax document will be issued. The Customer will be required to indicate the payment method, exclusively from those offered, which they intend to use. The Website's sales system, as an online seller, does not require the issuance of an invoice (nor a receipt or tax receipt) to a private individual (not a VAT number holder), according to art. 22 of Presidential Decree no. 633 of 26/10/1972 and article 2, letter oo) of Presidential Decree 21 December 1996, no. 696 (as confirmed by Resolution no. 274/E of 5 November 2009). Soc. Agr. Rose Barni will issue a sales receipt. To request assistance, it is sufficient to keep the sales receipt included in the order package. If you still wish to request the issuance of an invoice, simply contact our Customer Service at +39 0573 380464 before the order is shipped. The invoice will be addressed to the address associated with the payment method. Soc. Agr. Rose Barni reserves the right to refuse or not execute Orders. For deliveries, Soc. Agr. Rose Barni will use carriers selected by the company itself. If the Product chosen by the Customer and subject of the concluded contract is marked on the Website as "available," the company will ship said item within 15 business days following confirmation of receipt of payment. Soc. Agr. Rose Barni will not be responsible for failure or delay in delivery if: 1) despite having regularly and promptly purchased the Products to cover the received Order, it was not supplied within the agreed terms and methods with the supplier; 2) it is unable to make up for the unavailability of such Products, due to circumstances beyond its control; 3) it has promptly notified the Customer of such unavailability of the Products. In any case, if the Customer is a Consumer and the unavailability of the Products, due to one of the circumstances indicated in points 1) and 2) above, does not allow delivery of the Product, Soc. Agr. Rose Barni will reimburse the Consumer for any advance payments of the price within 30 (thirty) days from the day following the day on which the Order was sent. Soc. Agr. Rose Barni will not be responsible for failure or delay in delivery due to force majeure, such as - strikes, measures by Public Authorities, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, inundations and damage to industrial machinery not attributable to the company and any other event not foreseen here that occurs due to causes not attributable to the company itself. Soc. Agr. Rose Barni will promptly notify the Customer of the occurrence and cessation of a force majeure event. If the force majeure event persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the contract. In case of withdrawal, the Customer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to the return of any amount already paid as the price for the Product subject of the Order, within 30 days from the submission of the Order itself. In case of purchase made by a Consumer, the risk of accidental loss of the Products will remain with Soc. Agr. Rose Barni until their delivery to the Consumer or another person indicated by the latter, regardless of whether the shipment of the same Products is insured or not. In case of purchase made by a person other than a Consumer, the risk of accidental loss of the item passes to the Customer upon delivery of the Product by the company to the first carrier.

Pursuant to the Consumer Code (Legislative Decree no. 206/2005 as amended by Legislative Decree no. 21/2014), the Customer (if identifiable as a "consumer," i.e., a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity) has the right to withdraw from the contract and return the ordered Products, without any penalty and without specifying the reason, within 14 days from the receipt of the Products themselves.

Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded for distance contracts concerning:

– the supply of goods made to measure or clearly personalized (letter c);

– the supply of goods that are liable to deteriorate or expire rapidly (letter d);

The Consumer Customer, therefore, cannot exercise the right of withdrawal in the case of supplying personalized goods (e.g., specific tree or plant grafts requested by the Consumer Customer) and in the case of supplying goods subject to rapid deterioration, considering the timing for exercising the right of withdrawal.

This last definition includes all live plants offered for sale on this site, for which the exercise of the right of withdrawal by the Consumer Customer is therefore excluded. For all other products, the right of withdrawal must be exercised by the Customer by sending an explicit declaration, also using the withdrawal FORM attached to the Consumer Code (download the form), by sending a registered letter with return receipt to Soc. Agr. Rose Barni, via del casello 5 – 51100 Pistoia (PT).

The right of withdrawal must be exercised by the Customer, under penalty of forfeiture, within 14 days from the date of receipt of the goods, i.e., from the day on which the consumer or a third party, other than the carrier (or courier) and designated by the consumer, acquires physical possession of the goods, except in the case of multiple goods ordered by the consumer through a single order and delivered separately, for which the deadline for communicating the intention to withdraw from the contract starts from the day on which the consumer or a third party, other than the carrier and designated by the consumer, has acquired physical possession of the last good. In the case of periodic delivery of goods over a determined period, the deadline for exercising the right of withdrawal starts from the day on which the consumer or a third party, other than the carrier and designated by the consumer, has acquired physical possession of the first good. The withdrawal communication may also be sent, within the same period, by fax to 0573 382070 or by e-mail to info@rosebarni.it, provided that the communication is also confirmed by registered letter with acknowledgment of receipt sent within the subsequent 48 hours.

Once the aforementioned withdrawal communication is received, the parties are considered released from their respective obligations arising from the concluded contract. Soc. Agr. Rose Barni will promptly communicate to the Customer the instructions on how to return the goods, which must reach Soc. Agr. Rose Barni within 14 days from the date on which the Customer communicated their decision to withdraw from the contract. The deadline is met if the Customer sends back the goods before the expiry of the 14-day period. Shipping costs for returning the goods remain the responsibility of the Customer. Soc. Agr. Rose Barni will refund the price paid by the Customer without delay and in any case within 14 days from the date of receipt of the communication of exercise of the right of withdrawal, using the same payment method used for the initial transaction, unless otherwise expressly communicated by the Customer. The Customer, in any case, will not incur any cost as a consequence of such reimbursement. Soc. Agr. Rose Barni reserves the right to withhold reimbursement of the aforementioned amount until it has received delivery of the Product subject to withdrawal, or until the Customer has demonstrated that they have returned the goods, if earlier. In case of partial withdrawal, only the price of the returned products will be reimbursed. For the purpose of exercising the right of withdrawal, the integrity of the Product to be returned is an essential condition. In this regard, it is specified that the right of withdrawal is, in any case, subject to the following imperative conditions:

• the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
• the purchased good must be intact and returned correctly packaged in its original packaging, complete in all its parts (including packaging and any documentation and accessories), in perfect resale condition (not ruined, damaged, soiled) and accompanied by the transport document (present in the original packaging) to allow Soc. Agr. Rose Barni to identify the Customer and the Order number.
• in the event that the goods have suffered a decrease in value due to handling other than that necessary to establish their characteristics, nature and functioning, the consumer will be responsible for the decrease in value of the good. If the returned Product does not comply with the above provisions, the withdrawal will not be effective and Soc. Agr. Rose Barni will return the purchased good to the sender, charging the sender the shipping costs. During the aforementioned withdrawal period, the Customer is responsible for the item as a custodian. The risks associated with the destruction or damage of the Products during shipment are borne by the Customer, it being understood that in such an event the Products will not be considered intact and the withdrawal will not be effective.

Purchases made by Consumers are subject to the legal provisions on warranty, including, if applicable, the provisions of the Consumer Code regarding warranties for Consumers, i.e., Legislative Decree No. 206 of September 6, 2005. Should the Consumer find defects in the Products purchased under these General Terms and Conditions of Sale, the Consumer may contact Soc. Agr. Rose Barni, under penalty of forfeiture within two months of discovering the defect or fault in the Product, using the methods indicated in these General Terms and Conditions of Sale, and request the repair or replacement of the Product. The choice between repair or replacement will remain at the Consumer's discretion, except in cases where the chosen remedy is objectively impossible or excessively burdensome compared to the other. Soc. Agr. Rose Barni will, as appropriate, carry out the requested repairs and replacements within a reasonable period from receiving the Consumer's request. Soc. Agr. Rose Barni invites the Customer to describe the nature of the defect or fault found in as much detail as possible and possibly to send copies of the Order documents or indicate the Order number, the Consumer's number, and any other data useful for correctly identifying the complaint. If no response is received by the Consumer within 10 (ten) working days, the company now invites the Consumer to request a response. Soc. Agr. Rose Barni also recommends checking that emails sent by it are not redirected or blocked by any 'spam filters' or do not reach their destination correctly due to other technical problems with the recipient Customer's email program. In the event that the requested repair or replacement is impossible or excessively burdensome, or has not occurred within a reasonable period; or has caused considerable inconvenience to the Consumer, the latter may choose to request a fair reduction in price or termination of the Contract. In no case will the termination of the Contract be permitted for minor defects, for which it was not possible or was excessively burdensome to proceed with the repair or replacement of the relevant Products. It is expressly understood that the preceding Sections will not apply in the event of defects found in Products purchased by Professionals, for which Soc. Agr. Rose Barni, subject to mandatory legal limits, provides no warranty.

In the event of any amendment to these General Terms and Conditions of Sale, Soc. Agr. Rose Barni will promptly publish the amended General Terms and Conditions of Sale on the Website, and provide relevant communication within the Website itself. The amended General Terms and Conditions of Sale will become an integral part of the new Contracts, effective from the first Order placed by Customers, following their publication on the Website. In the case of Orders already placed before such communication, the previous version of the General Terms and Conditions of Sale will apply.

Should any present or future provision of the General Terms and Conditions of Sale and/or the contract be or become wholly or partially void and/or ineffective, or should there be a gap in the provisions of the General Terms and Conditions of Sale and/or the contract, the remaining provisions of the General Terms and Conditions of Sale and the contract will in any case remain valid and effective. It is understood that Soc. Agr. Rose Barni and the Customer will commit to negotiating in good faith the integration of the gap or the replacement of the void and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and safeguarding the economic substance of the contract.

The personal data requested during the order placement phase are collected and processed with the aim of fulfilling the Customer's expressed requests and activating the procedures for the execution of orders and related necessary communications. Soc. Agr. Rose Barni guarantees its Customers to operate in compliance with the regulations on the processing of personal data, as provided by the privacy code set forth in Legislative Decree no. 196/2003. The data controller is Soc. Agricola Rose Barni with registered office in via del casello 5 – 51100 Pistoia (PT). The Privacy Policy is to be considered an integral and substantial part of these General Conditions and is accessible in the "Privacy" Section of the Website. The User declares to have read and accepted the privacy policy of Soc. Agr. Rose Barni, committing to comply with all its provisions.

The territorial jurisdiction for disputes arising from Contracts concluded according to these General Terms and Conditions of Sale belongs to the Civil Judge of the place of residence or domicile of the Consumer, if located within the territory of the Italian State. In all other cases, the existing codified regulations on the matter will be observed.