Terms and conditions

BotanicalDryGarden – Mates Piante Società Agricola S.S.

1. General information

These General Terms and Conditions of Sale govern the purchase of the products sold through the website www.botanicaldrygarden.com, operated by Mates Piante Società Agricola S.S., hereinafter referred to as “Mates Piante” or the “Seller”.

Seller's details:

Mates Piante Società Agricola S.S.
Strada Provinciale 160 Amiatina, 42
58015 Orbetello (GR) – Italia
VAT no.: 01062400534
Website: www.botanicaldrygarden.com
Email: info@botanicaldrygarden.com

By placing an order on the website, the Customer declares that they have read these General Terms and Conditions of Sale and the information relating to the products purchased.

Products are sold in compliance with the Italian legislation in force on electronic commerce and distance contracts, with particular reference to D.Lgs. 206/2005 (Codice del Consumo) (Italian Consumer Code) and subsequent amendments.

“Consumer Customer” means a natural person who purchases products for purposes outside their business, commercial, craft or professional activity.

2. Products and characteristics

Mates Piante specialises in the production and sale of ornamental plants, ground cover plants and alternative lawns with reduced water requirements, as well as products and materials intended for the cultivation and care of gardens and green spaces.

The main characteristics of the products are set out in the respective product descriptions on the website.

As these are mainly live plant products, their appearance, colour, size and growth may vary naturally depending on the season, the climatic conditions and the vegetative stage.

The images published on the website are for illustrative purposes and represent the general characteristics of the varieties offered. Any physiological or seasonal differences do not necessarily constitute a lack of conformity.

Plants may be delivered in different vegetative conditions depending on the time of year. Some varieties, for example, may enter vegetative dormancy during the colder months, temporarily slowing their growth or changing the colour of their foliage.

Mates Piante undertakes to supply healthy products that conform to the stated characteristics, taking into account the biological nature and the particular features of live plants.

3. Prices and availability

All prices published on the website are expressed in Euro and, unless otherwise indicated, include the applicable VAT.

Any shipping costs are indicated before final confirmation of the order.

The price applied to the Customer is the one displayed at the time of purchase, except for any obvious material errors, which will be promptly communicated to the Customer to allow them to confirm or cancel the order.

Prices may be changed at any time, without effect on orders already concluded.

Product availability is subject to the actual condition of the crops and the quantities available in the nursery.

If an ordered product should exceptionally prove to be unavailable, Mates Piante will promptly inform the Customer, offering, where possible, an alternative product or a refund of the amount relating to the unavailable product.

Any substitutions will be made only with the Customer's prior agreement.

4. Orders and conclusion of the contract

Products are purchased through the ordering procedure available on the website.

Before final confirmation, the Customer may check the selected products, quantities, prices, shipping costs and delivery details.

Once the purchase has been completed, the system will send a confirmation message to the email address provided by the Customer.

The confirmation will contain the main information relating to the order and an identification number to be used in subsequent communications.

The contract of sale is deemed concluded upon acceptance of the order by Mates Piante, communicated by means of an order confirmation.

The Customer is responsible for the accuracy of the data provided during the purchase, in particular the shipping address and the telephone and email contact details.

Any errors or changes must be communicated promptly, preferably before the shipment is prepared.

5. Payment methods

Payment for the products purchased is made using the methods available on the website at the time of the order.

The payment methods offered may include:

• Credit or debit card;

• PayPal;

• Bank transfer;

• Any other payment systems indicated during checkout.

For payments by bank transfer, Mates Piante reserves the right to proceed with the preparation and shipment of the order only after the amount due has actually been credited.

The bank details and payment instructions are provided during the purchase procedure.

6. Shipping and delivery

Mates Piante ships to the territories and countries indicated on the website, in accordance with the methods and rates available at the time of purchase.

Shipments are organised taking into account the destination, the weather conditions and the transport requirements of live plants.

To protect the health of the plant products, dispatches are generally scheduled for the first days of the week, avoiding, as far as possible, prolonged stays in couriers' depots over the weekend.

The shipping dates and delivery times communicated are indicative, except for expressly guaranteed terms.

Mates Piante undertakes to comply with the delivery terms provided for by the applicable legislation and to inform the Customer of any significant delays.

In the event of particularly adverse weather conditions, strikes, transport disruptions or other circumstances that could compromise the health of the plants, Mates Piante may propose or communicate a postponement of the shipment, in compliance with the Customer's rights.

Once the shipment has been handed over to the courier, the Customer may receive the information needed to track the progress of the delivery.

Liability for loss of or damage to the products during transport remains governed by the legislation in force, with particular reference to the moment at which the risk passes to the Consumer Customer.

7. Failed delivery and shipments held in storage

As these are live plants, prolonged time in packaging may compromise their health and vitality.

If delivery is unsuccessful and the shipment is held in storage at a courier depot, a post office or a collection point, the Customer is asked to collect it as soon as possible, in order to protect the health of the plants and avoid any deterioration due to the time spent in the packaging.

The Customer is also asked to monitor the communications and delivery notices provided by the courier and to check that the contact details given in the order are correct.

In case of difficulty with delivery or collection, the Customer is requested to contact Mates Piante promptly, so that possible solutions can be considered.

To the extent permitted by law, Mates Piante is not liable for deterioration of the plants directly attributable to delays in collection for which the Customer is responsible, provided that the Customer has been correctly informed and put in a position to receive or collect the shipment.

The rights of the consumer and the liability of the Seller provided for by the legislation in force nevertheless remain unaffected.

8. Receipt and inspection of the products

Upon delivery, the Customer is asked to check the external condition of the packaging and that the number of packages received is correct.

If there is evident damage, it is advisable to document the condition of the shipment with photographs and, where possible, to report the anomaly to the courier at the time of delivery.

Since plant products are alive and may be affected by transport conditions, we recommend opening the packaging promptly after receipt.

If the Customer finds damaged plants, missing products or other anomalies, they are asked to contact Mates Piante as soon as possible, stating the order number and attaching, where possible, photographs of the products and the packaging.

Prompt communication allows the condition of the goods to be assessed more accurately and possible solutions to be identified.

These instructions do not constitute time limits resulting in forfeiture and do not limit the rights granted to the Consumer Customer by the legal guarantee of conformity.

9. Storage and care of the plants after delivery

The plants sold by Mates Piante are living organisms and, as such, require suitable storage and growing conditions.

After delivery, the Customer is asked to remove the plants from the packaging promptly, place them outdoors in a bright position and check the condition of the root ball.

Watering must be carried out according to the actual needs of the plants, avoiding both excessive dehydration and prolonged waterlogging.

If planting cannot take place immediately, the Customer is asked to keep the plants in suitable conditions, protecting them from extreme temperatures, frost and potentially harmful weather conditions.

To promote proper establishment, it is important to follow the instructions on soil preparation, sun exposure, watering and maintenance given in the product descriptions or provided by Mates Piante.

Growth and subsequent ground coverage depend on numerous factors, including the climatic conditions, the planting season, the quality of the soil, the availability of light and the correct management of watering.

Therefore, any growth and coverage times indicated on the website are to be understood as indicative estimates, unless specific guarantees have been expressly agreed.

Mates Piante remains available to provide guidance on the correct storage and cultivation of the products purchased.

Any deterioration occurring after delivery that is directly attributable to inadequate storage or handling by the Customer is not attributable to Mates Piante, without prejudice to the application of the legal guarantee for any original lack of conformity.

10. Legal guarantee of conformity

Mates Piante guarantees that the products sold conform to the contract of sale, in compliance with Articles 128 et seq. of the Codice del Consumo.

Towards the Consumer Customer, the Seller is liable for any lack of conformity existing at the time of delivery which becomes apparent within the terms established by the legislation in force.

The legal guarantee covers original defects in the product, but not deterioration occurring subsequently and directly attributable to external causes or to inadequate storage, cultivation and maintenance.

Given the biological nature of plants, seasonal variations in colour, slower growth, temporary loss of foliage or periods of vegetative dormancy do not necessarily constitute a lack of conformity, provided they are compatible with the characteristics of the variety and with what was stated at the time of sale.

In the event of an alleged lack of conformity, the Customer may contact Mates Piante, providing a description of the problem, the order reference and any photographs useful for the assessment.

Mates Piante will examine the report taking into account the nature of the product and the conditions found.

If a lack of conformity is established, the Consumer Customer will be entitled to the remedies provided for by the legislation in force, including, subject to the conditions laid down by law, repair or replacement, where applicable and possible, a proportionate reduction in the price or termination of the contract.

The remedies provided for by the legal guarantee may be exercised free of charge for the Customer in the cases established by law.

This section does not limit or exclude any mandatory right granted to the consumer.

For purchases made by professional Customers, the provisions of the Italian Civil Code and other relevant rules apply.

11. Right of withdrawal

Pursuant to Articles 52 et seq. of the Codice del Consumo, the Consumer Customer generally has the right to withdraw from the distance purchase contract within 14 days of receipt of the products, without being required to give any reason, subject to the exceptions provided for by law.

In particular, Article 59, paragraph 1, letter d), of the Codice del Consumo excludes the right of withdrawal for the supply of goods which are liable to deteriorate or expire rapidly.

Mates Piante sells live plants and plant products which, owing to their characteristics and storage conditions, may be subject to rapid deterioration.

For products that actually fall within the above category, the right of withdrawal is excluded within the limits provided for by the legislation in force.

For other products to which the right of withdrawal applies, the Customer may exercise that right within the period provided for by law, by explicitly communicating their decision to Mates Piante.

The communication may be sent by email to info@botanicaldrygarden.com or through other suitable channels provided for by the applicable legislation.

The Customer may use the model withdrawal form provided for by the Codice del Consumo or send any other explicit statement of their decision to withdraw.

For products subject to the right of withdrawal, the Customer must return them within 14 days of communicating the decision to withdraw.

The direct costs of return are borne by the Customer, unless otherwise indicated or provided for by law.

The Customer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning, within the limits provided for by law.

The refund will be made in accordance with the methods and time limits established by the Codice del Consumo.

Any exclusion of the right of withdrawal does not in any way prejudice the rights arising from the legal guarantee of conformity.

12. Returns and refunds

Return and refund requests are handled in accordance with the legislation in force and with regard to the nature of the products purchased.

Before returning any items, the Customer is asked to contact Mates Piante to receive the necessary practical instructions, without prejudice to the possibility of exercising their rights in the manner and within the terms provided for by law.

When returning live plant products, it is particularly important to agree on suitable packaging and shipping methods, in order to reduce the risk of deterioration during transport.

For this reason, where possible, Mates Piante recommends sending returns in the first days of the week, avoiding prolonged stays in couriers' depots.

Where a refund is due, it will be made in accordance with the methods and time limits provided for by the applicable legislation.

In the event of a validly exercised withdrawal, the refund includes the amounts due by law and is made using the same means of payment used for the initial transaction, unless otherwise agreed with the Customer.

Mates Piante may withhold the refund in the cases and within the limits permitted by the legislation in force, including, where applicable, until the returned goods have been received or proof of their dispatch has been provided.

13. Complaints and customer service

For any question, request for assistance or report relating to the products purchased, the Customer may contact Mates Piante using the contact details indicated on the website.

To facilitate the handling of requests, it is advisable to state the order number, a description of the problem and any photographs of the goods.

Mates Piante undertakes to examine the reports received and to respond as soon as possible, assessing the specific circumstances and the Customer's rights.

Requests for assistance relating to the cultivation, planting or maintenance of the plants may also be assessed on the basis of the information provided by the Customer regarding soil conditions, sun exposure and the watering carried out.

14. Liability

Mates Piante undertakes to supply products that conform to the stated characteristics and to handle orders with due professional diligence.

The instructions relating to cultivation, growth times, water requirements and maintenance are general in nature and may require adaptation depending on the characteristics of the planting site.

Mates Piante does not guarantee identical results under different environmental and growing conditions, unless specific commitments have been expressly made.

To the extent permitted by law, Mates Piante is not liable for damage or deterioration directly attributable to improper use of the products, inadequate growing conditions or other causes not attributable to the Seller.

No provision of these General Terms and Conditions of Sale may be interpreted as excluding or limiting the mandatory liability provided for by the legislation in force, or the rights granted to the Consumer Customer.

15. Applicable law and disputes

These General Terms and Conditions of Sale are governed by Italian law, without prejudice to any mandatory rights granted to the consumer by the legislation applicable in their country of residence.

For disputes relating to contracts concluded with Consumer Customers, territorial jurisdiction is determined in accordance with the mandatory provisions laid down by law.

For disputes relating to contracts concluded with professional Customers, the ordinary provisions of law apply, subject to any agreements validly entered into between the parties.

16. Amendments to the general terms and conditions

Mates Piante reserves the right to update or amend these General Terms and Conditions of Sale for organisational or commercial reasons or to comply with changes in legislation.

Amendments will be published on the website and will apply to orders placed after their entry into force.

Orders already concluded will continue to be governed by the terms and conditions in force at the time the contract was concluded, subject to mandatory provisions of law.

Mates Piante Società Agricola S.S.
Strada Provinciale 160 Amiatina, 42
58015 Orbetello (GR) – Italia
VAT no.: 01062400534
www.botanicaldrygarden.com
info@botanicaldrygarden.com

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