TERMS AND CONDITIONS OF SERVICE
These Online Conditions apply exclusively to the remote sale via the web of the products fully illustrated and described on the offwithnature.com website.
In the event of changes to the General Conditions of Online Sale, the Online Conditions published on the site at the time the order proposal is sent by the purchaser of the Products will apply to the purchase made. It will be possible to check in the appropriate section of the Site any previous versions of the Online Conditions, which will be saveable and printable.
The Customer is required, before submitting the Order Proposal, to read and accept these Online Conditions. Submitting the Order Proposal implies full knowledge and express acceptance of both these Online Conditions and of what is indicated in the Order Proposal.
For any legal information, please consult the sections: Privacy Policy, Terms of Use, Cookie Policy
1. Subjects
1.1 The seller of the Products is CENTEX SpA with registered office in Italy, in Via Manzoni 49 (BG). email account@centexspa.it, PEC centex@pec.it, tax code and VAT number 01271890160, registration number in the Bergamo Company Register 189140.
1.2 These Online Conditions govern the purchase of products on offwithnature.com and do not govern, however, the sale of products or services by parties other than the Seller that are present on the Site via links, banners or other hypertext connections. The Seller is not responsible for the supply of goods and services by third parties.
1.3 The Customer will be identified through the data entered by the same in the Order Proposal. It is forbidden to provide false and/or invented data: the Seller is exonerated from any responsibility in this regard.
1.4 The offers of Products on the Site are aimed at adult customers. By placing an order through the Site, the Customer guarantees us that he or she is over 18 years old and has the legal capacity to enter into binding contracts.
2. Methods of completing the contract
2.1 The information in these Online Conditions and the details contained on the Site do not constitute a binding offer for the stipulation of a sales contract, nor the presentation of OWN-OFFWITHNATURE branded goods on the Site, but a simple invitation to make an Order Proposal. The stipulation of the sales contract occurs by sending the appropriate order form, available on our site, with which the customer makes a binding offer by entering all the necessary data during the ordering process and finally sending this form by clicking the "send order" button. Before sending the order, the customer receives a summary containing all the data entered by him and the possibility of correcting any errors; always before sending the Order Proposal, the Customer will also be asked to confirm that he has read and accepted the Online Conditions, including the clauses that determine unfavourable conditions for the Customer (for example limitations of liability, right to withdraw from the contract, derogations from the jurisdiction of the judicial authority, etc.). After the transmission and receipt of the order, the Customer will receive an email confirming receipt of the order and summarizing the order details (hereinafter “Order Confirmation”). This order confirmation does not imply acceptance of the customer’s offer but is merely information. The sales contract between the customer and Centex spa is concluded with our acceptance of the offer, which in turn occurs at the same time as the shipment (“Order and Shipment Confirmation”). From this moment on, the Order Proposal will be defined simply as “Order” and the shipment will be made against advance payment and only after the entire amount has been transferred to our current account.
2.2 The Seller reserves the right, before sending the Order and Shipping Confirmation, to request further information relating to the Order Proposal via email or telephone.
2.3 The Seller may refuse an offer from the customer without stating the reasons, in particular if there is suspicion of professional resale of the goods by the customer; or in the case of offers from a Customer with whom there is an ongoing or previously occurred dispute and/or a dispute relating to a previous Order. This also applies to all cases in which the Seller deems the Customer unsuitable, including, by way of example, the case of previous violations of the Online Conditions, or for any other reason, especially if the Customer has been involved in fraudulent activities of any kind, or in the case of unavailability of the Products. In these cases, no later than 30 (thirty) working days from the day on which the Customer sent the Order Proposal, we will inform the Customer by email that the contract has not been concluded and that the Order Proposal will not be followed up without specifying the reasons. In this case, any amount already committed to the chosen payment method will be released.
2.4 The Seller undertakes to deliver the Products ordered as soon as possible (taking into account the shipping method selected by the Customer) and in any case no later than 30 (thirty) days from the conclusion of the contract, a term which is in any case not essential.
2.5 The products offered on the offwithnature.com website are presented using digital photographs of actually existing products. Possible variations between these photographs and reality do not constitute defects of conformity.
3. Sales prices
3.1 The prices indicated at the time of ordering on our website offwithnature.com apply
Prices and Shipping Costs are to be considered inclusive of taxes, duties and any costs related to customs duties (unless otherwise specified in the Order Proposal). In the event of exercising the right of withdrawal, the Shipping Costs that have already been paid by the Customer are excluded from the refund and thus remain definitively the responsibility of the Customer.
3.2 Despite every effort, it cannot be excluded that for some of the Products on the Site a price different from the actual one may be indicated by mistake. The Seller will be responsible for verifying the correctness of the Prices before sending the Order and Shipping Confirmation. If, due to technical errors, material errors or other inconveniences, the Price indicated on the Site should be lower than the correct selling price of the Product, the Customer will be contacted to verify whether he/she still wishes to purchase the Product at the correct price. If he/she does not wish to proceed with the purchase, the Order Proposal will be cancelled. If the price indicated on the Site should be higher than the correct selling price of the Product, the Order will be processed by charging only the lower price.
4. Payment Methods
4.1 Payment can be made using one of the following methods:
PayPal
Visa
Visa Debit
MasterCard
MasterCard Debit
Master
All payments must be made in the currency in which the purchase was made.
4.2 Payment by credit card will be made without any additional charges. The Customer who makes the payment confirms that he/she is the holder of the credit card used. In the absence of such conditions, it will not be possible to proceed with the Order Proposal. At the time of sending the Order Proposal, only the amount will be committed: the actual debit will only take place at the time of the Order Confirmation. In the event that it is not possible to debit the amount, the Order Proposal will be automatically cancelled. It is specified that the Seller is not able to know the information relating to the Customer's credit card, which is managed directly by the third party that administers the payment. For this reason, the Seller will not be aware of such data, nor will it retain it. In no case can the Seller therefore be held responsible for the fraudulent use of credit and prepaid cards by third parties.
5. Retention of title
Centex spa will remain the owner of the goods supplied until full payment of the entire amount.
6. Shipping and delivery
6. 1. Shipments are made through our logistics partners GLS and Fedex, transport risks are borne by Centex spa.
6.2 The goods are ready for shipment within the day following the customer's order. Unless otherwise specified, delivery will be made within 1 to 7 working days to the address indicated at the time of ordering, depending on the shipping method selected and the destination country. In the case of advance payment, delivery can only be made when the entire amount has been credited to our current account.
6.3 The Site is structured with features that allow the Customer to access the Site and place the Order regardless of nationality and geographical location. The Customer will have the right to receive the Products at a delivery address of his/her choice, provided that the address is located within the country corresponding to the Site on which the Order was placed. In the event of partial delivery, shipping costs will be collected only once.
6.4 Each shipment contains: - the Products ordered and any free gifts;
-the transport document;
-any accompanying documentation required in the country of shipment;
-any information and marketing material.
6.5 The Products will be delivered by the courier identified by the Seller. It will be possible at any time to consult the Shipping section on the Site for additional information on costs, times and shipping methods.
6.6 Failure to receive the Products sent to the address chosen by the Customer will result in the cancellation of the Order and the refund of the entire amount paid, which will be made using the same payment method used for the purchase, net of transport costs which will not be refunded.
6.7 Upon receipt of the Products, the Customer shall be responsible for verifying the integrity and presence of damage to the packaging that is immediately evident (for example: wet box, damaged box, etc.). In the event of anomalies, the Customer shall be required to report them immediately, having them noted by the courier and refusing delivery. Otherwise, the Customer shall lose the possibility of asserting his rights in this regard.
6.8 . Shipping Costs
STANDARD SHIPPING ITALY
Delivery within 2-5 working days
EUR 3.90
Free delivery for orders over EUR 30
STANDARD EUROPE SHIPPING
Delivery within 5-7 working days
EUR 15
Free delivery for orders over EUR 50
7. Right of withdrawal
7.1 The Customer will have the right to withdraw from the contract concluded on the Site, without any penalty and without specifying the reason, by returning to the Seller all or part of the Products purchased. The Site is structured with features that allow the right of withdrawal to be exercised regardless of the nationality and geographical location of the Customer. The customer can exercise the right of withdrawal from the contract within 14 days without providing reasons in the manner set out in paragraph 7.2. The term for cancelling the contract is 14 days, starting from the moment in which the customer or a third party nominated by him (excluding the carrier/courier) has taken possession of the goods. If multiple Products have been purchased with the same Order, the intention to withdraw may be communicated at different times, always within the essential term of 14 days starting as above. Please note that we only accept returns from the same country in which the delivery was made.
7.2 To exercise the right of withdrawal, the Customer may return the Products to the Seller via courier. Before entrusting the Products to be returned to the courier, the Customer must follow the procedure indicated below:
– Registered Customer: you will have to access the “My Account” section of the Site after authenticating yourself with your username and password. In the Orders section you will find the list of Orders placed and a link to activate the return procedure. By clicking on the proposed link, you will access the Return Form.
– Unregistered Customer: must access the “Order Status” section and enter the Order number found in the Order and Shipping Confirmation email and the surname entered in the billing information.
– As an alternative to the above, the Customer may present to the Seller any other explicit declaration of the will to exercise the right of withdrawal, also by completing the Withdrawal Form (Insert Link) pursuant to Annex I, Part B of Legislative Decree 206/2005 and subsequent amendments, which must be sent, via registered mail with return receipt or via courier with return receipt, to the address indicated on the same.
When the customer withdraws from the contract, Centex spa is obliged to refund, within a limit of 14 days, starting from the receipt of the return form and subject to the conditions set out in point 7.5, all payments received. The same payment channel chosen by the customer will be used to refund the amount unless otherwise agreed; in no case will additional costs be charged for the return. Centex spa reserves the right to block the refund of the amount until the goods have been returned or until notification by the customer certifying their return.
7.3 The right of withdrawal is subject to the following conditions:
– within 14 (fourteen) days from the date on which the Customer communicated his decision to withdraw from the Contract, he must send the Products duly packaged to the Seller by delivering the Products to the courier chosen by the Customer;
It is also specified that in the event of exercising the right of withdrawal:
– the Customer will not be required to bear the costs for returning the Products Returned to the Seller, which will be borne entirely by Centex SPA (including transport costs and any customs charges, if applicable);
– Returned Products purchased with the same Order may also be returned at different times, always within 14 days from the date on which the Customer communicated his decision to withdraw from the Contract;
– products returned in the exercise of the right of withdrawal (hereinafter the “Returned Products”) must be returned in their entirety, excluding the possibility of returning only some parts or components of the same (even in the case of kits);
– Returned Products must not have been used, worn, washed, soiled or damaged and must not show signs of use;
– Returned Products must be returned packaged exactly as they were shipped, complete with all accessories and labels. For example, underwear must be returned in its original packaging complete with the relevant cardboard;
7.4 In the event of exercising the right of withdrawal, the Seller will refund the Customer all payments made for the purchase of the Returned Products, with the exception of:
– the costs of returning the products and for the following expenses which, if applicable, will remain the responsibility of the Customer:
– the additional shipping costs of the Order (already initially paid by the Customer at the time of purchase), if the Customer has chosen a courier and/or a delivery method other than the standard delivery type made available by the Seller. It is specified that these additional costs will be refunded to the Customer exclusively in the event of damage to the Products due to transport, or in the event of errors in shipping by the Seller, or in the event of Products recognized as defective
– any additional costs incurred in connection with the order (for example: cost of gift wrapping, etc.);
– the organization and shipping costs necessary to deliver the Products directly to the Seller at the address OWN-OFFWITHNATURE Ecommerce c/o Magazzino Centex spa via Manzoni 49, 24024 Gandino (BG)
7.5 After exercising the right of withdrawal by making the return request in the manner provided and therefore sending the appropriate form, the Customer will receive an email confirming the insertion of the return (hereinafter "Return Insertion Confirmation"). After the Seller has verified compliance with all the methods required for exercising the right of withdrawal, the Customer will receive an email approving the return made (hereinafter "Return Approval"). The Seller will refund the Customer the sums paid for the purchase of the Returned Products, provided that the Seller has already received the return of the goods or has received from the customer adequate and suitable documentation proving the shipment of the goods, being able, until then, to withhold the refund. The same payment method used for the purchase of the products will be used for the refund.
7.6 In the event that the right of withdrawal is exercised without respecting the methods set out in paragraph 6, the Customer will not be entitled to any refund. Within 10 days of sending the email with which the Customer will be informed of the non-acceptance of the return and the related reasons, by replying to the same email the Customer may choose to obtain, at his own expense, the Returned Products. Otherwise, the Seller may legitimately retain the Returned Products, in addition to the sums already paid for their purchase.
For further information on the right of return, please contact our Customer Service operators:
Email: customercare@easy-bio.it
Phone: +39.02.84258430
8. Criteria for exclusion from the right of withdrawal
The right of withdrawal is applicable only if the products have not been personalized, modified or damaged. The personalization of the products excludes the possibility of withdrawal.
9. Warranties
9.1 The Seller is responsible for any defect in the Products and for their non-conformity with the Order placed, existing at the time of delivery of the goods.
9.2 The duration of the warranty is 2 (two) years from the moment of delivery of the goods. This warranty is valid under the following conditions: a) the defect occurs within 2 (two) years from the date of delivery of the Products;
b) the Customer submits a formal complaint to the Seller regarding the defects within a maximum of 2 (two) months from the date on which the defect was discovered;
c) the Customer presents the commercial document/purchase invoice.
9.3 In the event that the lack of conformity of the purchased Products has been ascertained by the Seller, the Customer will have the right to obtain without additional costs:
– the replacement of non-compliant Products with others of equivalent value or, alternatively,
– the refund of the amount paid for the purchase of the Products. The refund will take place, at the Customer's choice, through the same means used by the Customer for the initial purchase.
9.4 All costs of returning products recognised as defective will be borne by the Seller.
10. Contacts
For any information request, please contact the following numbers:
OWN-OFFWITHNATURE Customer Service
c/o Centex spa.
Manzoni Street 49
24024 Gandino (BG) Italy
customercare@offwithnature.com
11. Privacy
We invite you to access the Privacy Policy published on the Site to obtain all the information on how we process your personal data.
12. Applicable law, dispute resolution and competent court
12.1 These Online Conditions are governed by Italian law and will be interpreted in accordance with it. Consequently, the interpretation, execution and termination of the Online Conditions are subject exclusively to Italian law and any legal disputes arising from this contract and/or attributable to it will be exclusively devolved to the Italian jurisdictional authority. In any case, the ineffectiveness of one or more of the provisions of this contract does not affect the effectiveness and validity of the others.
12.2 Online platform for alternative dispute resolution (ODR). Given that the Seller is always available to seek an amicable solution to disputes that arise, through the contacts indicated in the preceding points, we inform you that, pursuant to Article 14 of EU Regulation no. 524/2013 and the resolution on ODR pursuant to Statutory Instrument no. 500/2015 in force since 15 February 2016, an online platform for the resolution of ODR disputes (“online dispute resolution”) arising from the purchase of goods online has been established by the European Commission, accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, it is possible to consult the list of ODR bodies, find the link to each of them and start an online dispute resolution procedure. More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show.
13. Modification and update
These Online Conditions may be modified at any time. New versions of the Online Conditions will be effective from the date of publication of the same on the Site and in relation to Orders submitted after that date. It will be possible to check any previous versions of the Online Conditions in the appropriate section of the Site.