1.1 As already specified in art. 2 of the general terms and conditions of use, by making purchases/bookings through the It's Tuscany platform, you establish a direct and binding contractual relationship with the seller at which you purchased the product or service. The company that makes available the platform is limited only to putting in contact the sellers with the possible buyers but it is not part of the contract of sale of the goods and services offered by the partners; It remains, in fact, extraneous to the transaction, which only occurs between the buyer and the seller. The latter is therefore solely responsible for the sale of its products and services.
1.2 If the user wants to buy one or more products through the platform, he can select them one at a time, adding them to the cart. Once you have selected all the items to buy you can proceed with the forwarding of the order. At this point a summary page of the selected products will appear, their price and delivery costs. The user can also choose the payment method and indicate the recipient and the delivery address.
1.3 The order will therefore be considered as a contractual proposal to sellers for the products/services listed. Upon receipt of the order, an email will be sent to the seller taking charge of the order. The communication addressed to the user subject to "successful payment" constitutes the official confirmation of order and constitutes acceptance of the proposed purchase. With the transmission of such mail, therefore, the sales contract will be deemed to be concluded.
The aforementioned "Order confirmation" will contain the summary of the data provided by the user, those of the seller, the products chosen and their costs, including shipping, and the general conditions of sale on line. The user undertakes, once the on-line purchase procedure has been completed, to provide for the printing or in any case the preservation of the order confirmation in a lasting way.
In the event that the order is processed through multiple shipments, the user may receive a separate "order confirmation". However, it is without prejudice to the right of withdrawal to the terms and conditions set out in the following art. 3.
Art. 2- Product identification and availability
2.1 All information contained in the product sheets of the online catalogue is taken from the documentation provided by the partner, except for errors and omissions. While maintaining constant control over the content of this information, the company does not assume any responsibility if the information on the cards with the product is not complied with. The seller is therefore totally responsible for the quality and any other element related to the goods purchased. However, no liability may be imputed to the company where there are non-substantial differences between the purchased goods and their illustrative images and the descriptions of text published on our site, still remaining the possibility for The user to withdraw from the contract as provided by art. 3 of the general conditions of sale.
2.2 Product availability information is listed on the presentation page of each product. It is the seller's job to monitor the purchases made and to put back into production the products no longer available for purchase.
Art. 3-Terms and modalities for the exercise of the right of withdrawal
3.1 Without prejudice to the exceptions indicated in the following art. 5 and without prejudice to the case where the user purchases as a professional related to the exercise of his business activity.
The consumer has a period of 14 (fourteen) days to withdraw from the contract without having to provide any reasons. The withdrawal period referred to in subparagraph shall terminate after fourteen days from:
A) in the case of service contracts, from the day of conclusion of the contract;
b) In the case of sales contracts, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the goods or:
1) In the case of multiple goods ordered by the consumer by a single order and delivered separately, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires the physical possession of the latter good;
2) in the case of delivery of a commodity consisting of lots or multiple pieces, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the last batch or piece;
3) In the case of contracts for the periodic delivery of goods during a specified period of time, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires the physical possession of the first good;
3.2 In order to terminate the contract, the consumer may use: present any other unequivocal statement which reveals the willingness to withdraw from the contract ("Declaration of withdrawal"). The communications must be sent to: FLORENCE LAB SRL-Customer service – Via Arnolfo 32, 50121 Firenze (FI), or sent by e-mail to the following addresses: Mplitalia@pec.it or amministrazione@florencelab.it to exercise the right to Withdrawal, it is necessary that the relevant communication be sent before the expiry of the withdrawal period (14 days) and that the product is returned to the seller in the 14 (fourteen) days following the date on which he communicated to the trader his decision To withdraw from the contract.
Art. 4 - Eeffects of exercising the right of withdrawal
4.1 The seller or the company reimburses all payments received in respect of the product for which the consumer has exercised the right of withdrawal, excluding the costs of delivery of the goods (including those for his return in the event of withdrawal), within 14 Days from receipt of the notice relating to the exercise of the right of withdrawal. The refund will be made with the same method of payment used for the order, save different indication of the consumer and provided that the seller does not have to incur any cost as a result of the reimbursement.
4.2 The consumer is required to return the products to the seller by delivery to the forwarder without undue delay and in any case within 14 (fourteen) days from the date on which he disclosed the withdrawal. The consumer will support the direct costs of returning the goods. We will proceed to reimbursement only when the product will be received in the same conditions of receipt, not used and completely intact in all its parts, provided with the original packaging and in perfect condition, without missing some equipment Original. In default, good is returned intact, just as the product is is the withdrawal will be ineffective and the seller shall provide the sender with the goods purchased with charge at the same of any shipping charges.
Art. 5-Exceptions to the right of withdrawal
The right of withdrawal shall not apply in the case of:
-The contracts of services after the complete provision of the service if the execution commenced with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal as a result of the full execution of the contract by the seller;
-Provision of custom-made or clearly customized goods;
-supply of goods liable to deteriorate or expire rapidly;
-Supply of sealed goods which do not lend themselves to be returned for hygienic or health-related reasons and which have been opened after delivery;
-supply of goods which, after delivery, are inextricably mixed with other goods;
-Provision of sealed audio or video recordings or sealed computer software that have been opened after delivery.
Art. 6 – Payment of the price and billing
6.1 All prices are inclusive of VAT applicable under the law. They will be determined in a clear and precise manner at the time of order forwarding and before proceeding to payment.
6.2 The user must make the payment by credit card, prepaid card, or through the PayPal system. If the payment is by credit card, the user will have to confirm on the site the data of the cardholder used for the purchase, by entering the number to sixteen expected figures, the expiration date and the security code therein. The customer is the only person responsible for the data entered and therefore guarantees to have the legitimate availability of the credit card used.
6.3. If fraudulent or non-payable charges are found on the card used for purchases on the site www.itstuscany.com, the user must inform the company, at the following address amministrazione@florencelab.it, of any charge not due or In the shortest possible time, in order to allow the company to carry out the appropriate checks. The seller and the company are not responsible for the illicit or fraudulent use of credit cards and/or other means of payment made by third parties during the order process.
6.4 The invoicing follows the current legislation on electronic invoicing effective from 1 January 2019. The seller issues the invoice of the purchased goods directly and is required to flood the package with a copy of the invoice in paper format. The Company also complies with current legislation on electronic invoicing, effective from 1 January 2019. Inside the "Reserved Area" section of the www.itstuscany.com website, the invoice of the relative shipment issued by the Company will be available in PDF format.
Art. 7 – Shipping
7.1
Shipments are entrusted to the company Poste Italiane S.p.A with registered office viale Europa 190, 00144 Rome which will deal with logistics and transport. No deliveries are made on Saturdays, Sundays, national, regional and local holidays. The company STEF Italia S.p.A with registered office in Strada San Donato 21 / a, 43122 San Prospero Parmense (PR) deals with the transport of fresh and thermosensitive food exclusively in Italy. Shipping costs are fully borne by the User.
7.2 The user will be informed of the delivery time prior to the completion of the purchase process, however the estimated time of delivery of the products is purely indicative and in no way binding. If an order includes more than one product, the delivery may be made in various different occasions and dates. The delivery obligation shall be fulfilled by the transfer of the material availability of the goods to the user or person designated by him.
7.3 If at the time of delivery of the product to the address indicated the user (or person enabled) is not present, the latter will be contacted and will be given the procedure to finalize the delivery. In particular, the user must indicate whether: a) the carrier must proceed to another delivery attempt, B) return the shipment to the sender; c) Send the shipment to a new address. In the event that the user does not provide the necessary information within 14 (fourteen) solar days, the goods may be returned to the seller, or if the refund proves to be difficult to execute, it may be destroyed and the user will be charged Also the costs of return/destruction. In the same way destroyed may be the shipment of which, to date from the sixth month from the date of shipment, no news has been requested or that-in the face of an alleged loss or destruction-has already been compensated.
7.4 At the time of delivery the user must sign the delivery note in the format presented and write down the observations and problems found at the time of delivery, such as obvious defects or handling of the products or packaging.
Art. 8- Warranties on products sold and limitation of liability
8.1 The guarantee scheme on products sold differs depending on whether the purchaser is a "consumer" or a "professional" within the meaning of Directive 1999/44/EC concerning "certain aspects of sales contracts and guarantees relating to goods of Consumption ".
Unless the seller deals with a more advantageous conventional warranty, the warranty of products purchased by users is governed by the legal guarantee.
The following are the conditions for the legal guarantee of the consumer.
If you purchase as a "consumer ", you are entitled to the legal guarantee of conformity to which the seller is required by law on all goods Sold ("legal guarantee").
8.2 The legal guarantee-to which the seller is held-guarantees good from defects in conformity with respect to the sales contract. The seller is solely responsible for the sale of the products and must deal directly with any issues inherent in or relating to the buyer's contract, including taking charge of the obligations arising from the legal guarantee.
8.3 In particular, the seller is obliged to deliver to the consumer goods complying with the sales contract. It is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) are suitable for the use to which goods of the same type are habitually used; b) conform to the description made by the seller and possess the qualities of the good which the same presented to the consumer as sample or model; (c) present the usual quality and performance of an asset of the same type, which the consumer may reasonably expect, taking into account the nature of the asset and, where appropriate, public statements on the specific characteristics of goods made to In respect of the seller, the producer or his agent or representative, in particular advertising or labelling; D) They are also suitable for the particular use desired by the consumer and which has been brought to the seller's knowledge at the time of conclusion of the contract and that the seller has also accepted for conclusive facts. There is no lack of conformity if, at the time of conclusion of the contract, the consumer was aware of the defect, he could not ignore it with ordinary diligence or if the defect of conformity comes from instructions or materials provided by the consumer. The seller is not bound by the public statements referred to in point (c) above), when, on the alternative, it shows that: i) was unaware of the Declaration and could not know it with ordinary diligence; II) The declaration was adequately corrected by the time the contract was concluded so as to be knowable to the consumer; III) The decision to purchase the consumer goods has not been affected by the declaration. The defect of conformity resulting from the imperfect installation of the consumer goods is equated to the defect of conformity of the good when the installation is included in the contract of sale and was carried out by the seller or under its responsibility. This equation applies even if the product, designed to be installed by the consumer, is installed incorrectly due to a shortage of the installation instructions.
8.4 ll Venditore è responsabile nei confronti del Consumatore per qualsiasi difetto di conformità esistente al momento della consegna del bene. In caso di difetto di conformità, il Consumatore ha diritto al ripristino, senza spese, della conformità del bene mediante riparazione o sostituzione, ovvero ad una riduzione adeguata del prezzo o alla risoluzione del contratto. Il Consumatore può chiedere, a sua scelta, al Venditore di riparare il bene o di sostituirlo, senza spese in entrambi i casi, salvo che il rimedio richiesto sia oggettivamente impossibile o eccessivamente oneroso rispetto all'altro. E’ da considerare eccessivamente oneroso uno dei due rimedi se impone al Venditore spese irragionevoli in confronto all'altro, tenendo conto: a) del valore che il bene avrebbe se non vi fosse difetto di conformità; b) dell'entità del difetto di conformità; c) dell'eventualità che il rimedio alternativo possa essere esperito senza notevoli inconvenienti per il Consumatore. Le riparazioni o le sostituzioni devono essere effettuate entro un congruo termine dalla richiesta e non devono arrecare notevoli inconvenienti al Consumatore, tenendo conto della natura del bene e dello scopo per il quale il Consumatore ha acquistato il bene. Le spese di riparazione e sostituzione si riferiscono ai costi indispensabili per rendere conformi i beni, in particolare modo con riferimento alle spese effettuate per la spedizione, per la mano d'opera e per i materiali. Il Consumatore può richiedere, a sua scelta, una congrua riduzione del prezzo o la risoluzione del contratto ove ricorra una delle seguenti situazioni: a) la riparazione e la sostituzione sono impossibili o eccessivamente onerose; b) il Venditore non ha provveduto alla riparazione o alla sostituzione del bene entro il termine congruo; c) la sostituzione o la riparazione precedentemente effettuata ha arrecato notevoli inconvenienti al Consumatore. Nel determinare l'importo della riduzione o la somma da restituire si tiene conto dell'uso del bene. Dopo la denuncia del difetto di conformità, il Venditore può offrire al Consumatore qualsiasi altro rimedio disponibile, con i seguenti effetti: a) qualora il Consumatore abbia già richiesto uno specifico rimedio, il Venditore resta obbligato ad attuarlo, con le necessarie conseguenze in ordine alla decorrenza del termine congruo, salvo accettazione da parte del Consumatore del rimedio alternativo proposto; b) qualora il Consumatore non abbia già richiesto uno specifico rimedio, deve accettare la proposta o respingerla scegliendo un altro rimedio ai sensi del presente articolo. Un difetto di conformità di lieve entità per il quale non è stato possibile o è eccessivamente oneroso esperire i rimedi della riparazione o della sostituzione, non dà diritto alla risoluzione del contratto.
8.5. The seller is liable when the defect of conformity is manifested within two years of the delivery of the goods. The consumer shall lapse from the right to enforce the legal guarantee if he does not report to the seller the defect of conformity within two months of the date on which he discovered the defect. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it. Unless otherwise stated, it is assumed that the defects of conformity occurring within six months of the delivery of the goods already existed on that date, except that this hypothesis is incompatible with the nature of the asset or the nature of the defect of conformity. The direct action to enforce the defects not intentionally concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods; The consumer, who is agreed for the execution of the contract, can however always enforce the rights of the legal guarantee provided that the defect of conformity has been denounced within two months of the discovery and before the expiry of the time limit previous.8.6 If you experience a defect in conformity with the goods purchased during the period of validity of the legal guarantee, please contact FLORENCE LAB SRL at mail:amministrazione@florencelab.it or by e-mail certified to Following address: florencelab@messaggipec.it.
Art. 9 -Applicable law and jurisdiction
9.1 These general terms and conditions of use and sale are regulated and must be construed under Italian law and the application of the United Nations Convention on Contracts for the International Sale of goods is expressly excluded. The user accepts, and we accept in turn, also to be under the non-exclusive jurisdiction of the Court of Florence, in fact if you buy as a consumer you can however act in front of the district of the court where you are resident or Domiciled to promote a dispute in relation to these general conditions of sale.
9.2 It is also recalled that-in accordance with part V, title II-bis, of Legislative Decree 206/2003 and subsequent amendments, as well as under Directive 2013/11/EU and art. 14 Reg. 524/2013/EU-the consumer, in the settlement of disputes arising under this Agreement, may use ADR (Alternative Dispute resolution) procedures, by means Through the platform accessible from the following link:
Https://ec.europa.eu/consumers/odr.
Art. 10-Changes to the general conditions of sale
We reserve the right to modify the site, policies and these general conditions of sale at any time to offer new products or services, or to comply with statutory or regulatory provisions. You will be subject to the policies and terms of the general terms of sale from time to time in force at the time of orders produced by us.
Art. 11-Contacts
For any information, complaint or assistance we provide the following contacts: FLORENCE LAB SRL (C.F. e P. IVA 06796990486), with registered office in Viale Antonio Gramsci 47, 50121 Firenze (Italy), mail: amministrazione@florencelab.it; florencelab@messaggipec.it Certified E-mail.
Art 12 – Integrality
These general conditions of sale are made up of all the clauses that compose them. If one or more of the provisions of these general conditions of sale is deemed to be invalid, void or for any reason unenforceable, this condition does not affect the validity and effectiveness of the remaining provisions which therefore will continue to have full vigour and efficacy.
