ADVANTAGE GREEN general terms and conditions
Introduction
The www.advantage.green platform including the APP (hereinafter the "Platform") is provided and managed by ADVANTAGE GREEN SRL, a company with registered office in Largo Augusto 8, 20122 Milano C.F. and VAT number 10513130962 ("ADVANTAGE GREEN"). ADVANTAGE GREEN is a company that offers a service of online booking and delivery of sustainable products provided by ADVANTAGE GREEN Partners. Pursuant to and for the purposes of articles. 7 and 12 of the Legislative Decree n. 70 of 9.4.2003 and in compliance with the Consumer Code, ADVANTAGE GREEN communicates the following information to users: the provider of the Services covered by the General Conditions is:
Advantage Green Srl, with registered office in Largo Augusto 8, 20122 Milan, C.F. and VAT: 10513130962
pec advantagegreen@legalmail.it, registered at the Chamber of Commerce of Milan, share capital of 10,000 euros.
Email address to send communications to: market@advantage.green
The general terms and conditions transcribed below (hereinafter "General Conditions") apply to all orders sent by users of the Platform (hereinafter the "Orders" and "Users"). The Platform offers the possibility to selected suppliers of the sustainable products sector (hereinafter the "Partners") to describe and offer their Products (the "Products") on the Platform so that Users can place an Order to the Partners and receive the Order at the chosen address. The General Conditions will also be applicable to the new types of Orders or services, which will be provided in the future by ADVANTAGE GREEN, unless otherwise provided at the time of the first supply of the new Order or service. The user is requested to print a copy of the General Conditions and to store them on a durable medium.
Scope of application of these general conditions.
2.1 These General Conditions apply to all Orders placed by Users to Partners via the Platform.
2.2 The General Conditions can be modified at any time, without prejudice to the right of withdrawal of the User referred to in paragraph 2.4 below. Any changes and new conditions will be effective from the time of their publication in the "Terms and Conditions" section of the Platform. To this end, we invite users to regularly access the Platform and verify the publication of the most updated General Conditions.
2.3 The General Conditions applicable to the Order are those in force on the date the Order is sent.
2.4 If the User does not intend to accept the changes to the General Conditions he will have the right to withdraw by giving notice by registered letter with acknowledgment of receipt or e-mail with 7 days notice.
2.5 The continued use of the Service after the deadline referred to in paragraph 1.4 is an expression of the will to accept the General Conditions.
2.6 These General Conditions do not govern the sale of Products and / or the provision of services by parties other than ADVANTAGE GREEN Partners that are present on the Platform via links, banners or other hypertext links. Before making commercial transactions with these parties, the User must check their sales conditions. ADVANTAGE GREEN is not responsible in any way for the supply of services and / or for the sale of products by such subjects. On websites that can be consulted through these links ADVANTAGE GREEN does not perform any checks and monitoring. ADVANTAGE GREEN is therefore not responsible for the contents of these sites or for any errors and omissions and violations of the law by the same.
2.7 The User is solely responsible for the use of the Platform. ADVANTAGE GREEN cannot be held liable for any use that does not comply with the laws in force, the Web Platform and the contents of its Users, except for the responsibility of ADVANTAGE GREEN for fraud or gross negligence.
In particular, the User will be solely responsible for the communication of incorrect and false information and data relating to third parties, without the latter having given their consent, as well as in consideration of incorrect use of the same.
2.8 Finally, since each material will be downloaded or otherwise obtained through the use of the chosen and risky service of the User, all responsibility for any damage to computer systems or loss of data resulting from the unloading operations falls on the User. ADVANTAGE GREEN disclaims any responsibility for any damage deriving from inaccessibility to the services on the Platform or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, to providers or telephone connections and / or telematics, to unauthorized access, alteration of data, failure and / or faulty operation of the User's electronic equipment.
Object and relationship with the Partners
3.1 The Platform allows the User to carry out research and purchase a wide range of sustainable products from a large number of Partner suppliers. ADVANTAGE GREEN through the Platform will send the User Order to the Partner who will prepare the Products chosen in the terms agreed with the User. ADVANTAGE GREEN will arrange for the Order to be collected from the Partner and delivered to the address indicated by the User.
Based on the structure described above, the User establishes:
- a contractual relationship with ADVANTAGE GREEN in relation to the preparation of the aforementioned reservation systems, payment via internet, for which ADVANTAGE GREEN does not receive any consideration from the User and which are regulated by these General Conditions and by the Privacy and cookie policy ;
- a contractual relationship with the relevant Partner in relation to the supply of the Products ordered by the User through the Platform. ADVANTAGE GREEN is not part of this contract, whose specific content may vary from Partner to Partner.
3.2 The contract for the purchase of the Products is therefore stipulated between the User and the specific Partner, supplier of the Product. ADVANTAGE GREEN is therefore not part of the sales contract.
3.3 ADVATANGE GREEN requires its Partners to maintain reasonable sales conditions and economic policies in accordance with the law. However, ADVANTAGE GREEN remains unrelated to the final decision of the Partner. In the event of dissatisfaction with one or more Products received by the Partner, the User may contact the ADVANTAGE GREEN customer service to try to resolve the issue with the Partner.
3.4 Through the Platform, ADAVANTAGE GREEN acts as agent of the Partner, for all the activities that the Partner performs in the fulfillment of the sales contract foreseen here.
Therefore, in the following, every reference to the Platform, presupposes an activity carried out by ADVANTAGE GREEN on behalf of the Partner.
Access to the Platform and Registration
4.1 In order to use the Platform, the User must first register with ADVANTAGE GREEN. Access to the Platform is permitted as long as the Platform is online. ADVANTAGE GREEN is authorized to put the Platform offline for any reason it deems appropriate and cannot be held responsible for any unavailability, for whatever reason, of the Platform or parts of it at any time or for any period of time.
4.2 Registration to the Platform is free. To register, the User must complete the registration form, entering his / her name, surname, an e-mail address and a password (hereinafter the "Registration Credentials"). Registration is confirmed by email sent to the address provided by the User.
4.3 The Registration Credentials must be used exclusively by the User and cannot be transferred to third parties. The User must notify ADVANTAGE GREEN without delay in case of suspected misuse of the same. The Registration Credentials may be modified by the User at any time by accessing the Platform - "My Profile" section.
4.4 The User guarantees that the Registration Credentials provided during the registration process to the Platform are complete, correct and true. The User agrees to hold ADVANTAGE GREEN harmless from any indemnity, sanction arising and in any way related to the violation by the User of the rules on registration to the Platform. The User is solely responsible for accessing the Platform through the Registration Credentials and is directly responsible for any damage or injury caused to ADVANTAGE GREEN or third parties from improper use, loss, misappropriation by others or failure to protection of adequate secrecy of their Registration Credentials. All transactions made through the Registration Credentials are considered made by the User to whom the Registration Credentials refer.
4.5 The Platform is provided in Italian and English.
4.6 It is possible to make a single registration per User. Multiple registrations will be canceled by ADVANTAGE GREEN.
4.7 In the personal area "My profile" on the Platform the User can view the open Orders, recently delivered and / or concluded, as well as manage and save personal data and the newsletter subscription and the wishlist.
4.8 ADVANTAGE GREEN reserves the right to refuse, at its sole discretion, the registration of any User.
4.9 The User may at any time cancel his subscription to ADVANTAGE GREEN by sending an email to the address market@advantage.green
Pre-contractual information
5.1 In compliance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, ADVANTAGE GREEN informs the User that:
- to conclude the purchase contract for one or more Products on the Platform, the User must select the Products requested, fill in an Order form in electronic format and transmit it, electronically, following the instructions that appear from time to time on the Platform and that will accompany the different phases of the purchase;
- the contract is concluded when the Platform registers and accepts the Order form, after verifying the correctness of the data relating to the Order and the payment made;
- before transmitting the order form, the User can identify and correct any data entry errors by following the instructions from time to time indicated on the Platform and which will accompany the different phases of the purchase; once the Order form is registered, the Platform will send the User a specified confirmation email containing a summary of the General Conditions, information on the characteristics of the purchased product of the Partner, on the day scheduled for the delivery, the detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal if applicable, the shipping costs and any additional costs as well as the indication of the assistance service. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium;
- the order form will be stored in the database of the Platform for the time necessary to execute the Order and, in any case, according to the law. To access your order form, the user can consult the "My profile" - "My purchases" section of the platform where you will find the list of all orders placed.
Booking and purchase terms and conditions.
6.1 The Platform allows the User to purchase the Partner's Products. The Platform will indicate the conditions applied by the individual Partner to which the product refers, including for indicative purposes the times available for delivery or the request for a minimum Order. The User, by sending the Order, accepts these conditions.
6.2 All prices shown on the Platform are expressed in Euro (€) and are inclusive of VAT. Product prices are indicated by the Partners and may be subject to change. The contribution to the delivery costs is not included in the price and is explicitly indicated from time to time by the Partner. This amount will be highlighted separately on the Order form before sending and on the Order confirmation e-mail.
6.3 The User will be charged for the Product indicated on the Platform at the time the Order was sent by him.
6.4 The Platform will carry out the Purchase Order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the Order form.
6.5 The Platform reserves the right not to confirm Orders from Users with whom disputes are pending or in the case provided for by art. 4.8.
6.6 All the Products available on the Platform are subject to availability and the images and / or related descriptions are for illustrative purposes only. The Products may therefore differ from such images and / or descriptions. It is not possible to guarantee that the images reproduced on the User's computer reflect the actual color of the Products. ADVANTAGE GREEN requires Partners to ensure that all information provided by them for viewing on the Platform is accurate, complete and is in no way misleading.
Delivery
7.1 Deliveries are made in the countries covered by the contracted shippers' service, to the address indicated by the User in the Order form. The User is the only person responsible for the address provided for the shipment.
7.2 Delivery times are those indicated in the Purchase Order which can be viewed in the "My profile" section of the Platform. In the case of omitted indication of a specific delivery term, it will take place within thirty days starting from the one following the dispatch of the Order.
7.3 Upon delivery of the Products to the carrier, an e-mail confirming the shipment will be sent to the User. Deliveries will be made from Monday to Friday, during normal business hours, excluding national holidays.
7.4 In the event of impediments to delivery due to force majeure, the Platform will contact the User by e-mail to inform him of the delay in delivery times. ADVANTAGE GREEN can not be held in any way responsible for any delays due to acts of third parties and to causes of force majeure.
7.5 Delivery is considered completed when the Product is made available to the User at the address specified in the Order form.
7.6 In case of non-delivery due to the absence of the recipient at the specified address, the Platform will provide the necessary instructions to the User. The user can check the status of his Order at any time in the "my profile" section.
7.7 It is up to the User to verify the conditions of the Order delivered. In the event that the packaging shows obvious signs of tampering or alteration, the User must report it to the designated personnel upon delivery.
Price, payment and billing
8.1 The payment of the Products purchased on the Platform is made exclusively by credit cards of the VISA, MASTERCARD and American Express circuits, whose payments will be processed through an online payment system with a secure server-to-server connection using the SSL Protocol ( Secure Sockets Layer) with 128-bit encryption as well as with PAYPAL.
8.2 ADVANTAGE GREEN undertakes to ensure that the payment system provided is always available and functioning, however it cannot guarantee continuous and uninterrupted access.
8.3 If the User wants to request the issuance of the invoice for his Order, he must send the request together with the sending of the order, selecting the appropriate box on the Platform. Requests received after this deadline will not be processed.
Withdrawal
- The User (consumer) who purchased the Products through the Platform has the right to withdraw from the contract, without any penalty and without specifying the reason, within 14 days from the date of receipt of the goods, unless otherwise specified by the conditions of the individual Partner . The withdrawal must be exercised using the online form in the "my profile" section. The User may make total or partial returns of the Order and select the method of remorse.
- Product returns will be managed directly by the Partner. For the exercise of the withdrawal the following provisions are applied, subject to the different terms provided for in the conditions of the single product that can be viewed -:
- The User has a period of 14 days from the date of receipt of the ordered Product to signal his intention to make the return. In the case of the purchase of multiple goods through a single order and delivered separately, the 14-day term starts from the date of receipt of the last product ordered.
- The User must also send the purchased Products, using a carrier of his choice and at his own expense, within 14 days from the date of the notice of withdrawal. The Products must be returned undamaged and properly packaged preferably in their original packaging, accompanied by all the possible accessories. The costs and risks related to the return of the Products are in this case borne by the user. The user must include a copy of the order confirmation in the package.
9.1 The direct costs of returning the Products shall be borne by the User, unless otherwise specified.
9.2 The User is requested to return the Products subject to return to the address indicated by the Partner with the Order confirmation.
9.3 According to the art. 57, paragraph II, of the Consumer Code, the User is responsible for the decrease in the value of the products resulting from the handling of the products themselves other than that necessary to establish the nature, characteristics and functioning of the goods. In this case, the Partner reserves the right to ask the User to reflect the decrease in value noted.
9.4 For the exercise of the right of withdrawal it is not required that the Products to be returned are insured against theft and accidental transport damage. However, since the risk inherent in the return of the Products rests on the User, the Partner invites the purchaser who intends to exercise the right of withdrawal to ensure, at his own expense, the shipment for the value indicated in the confirmation e-mail of the Purchase order.
9.5 According to the art. 56, paragraph III of the Consumer Code, only after the return of the Product or only after verifying that the User has returned the goods, will the Partner, as quickly as possible, reimburse the amounts paid by the User. The reimbursement amount will be communicated by e-mail and credited to the same payment method used for the purchase, unless otherwise agreed with the User. The value date of the amount repaid will be the same as the debit. The possibility remains for the user to adhere to current commercial offers.
9.6 Pursuant to the provisions of art. 59 Consumer Code the right of withdrawal is excluded in the following cases:
- Order of made-to-measure or clearly personalized products;
- Order of Products that risk to deteriorate or expire rapidly;
- Order of sealed products that do not lend themselves to being returned for reasons of hygiene or connected to the protection of health or that have been opened after their consignment.
Warranty and Compliance Defects
10.1 The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the ordered Products.
10.2 In the event that one or more ordered Products does not correspond to the description provided, is defective or of inferior quality, the User has the right, subject to appropriate communication, to his choice and on condition that the type of product allows it, upon restoration, without expenses, of the conformity of the product by repair or replacement, or to an adequate price reduction or termination of the contract.
10.3 Unless there is evidence to the contrary, 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. To take advantage of the Legal Guarantee, the User must therefore provide proof of the date of purchase and delivery of the Product.
10.4 In the event of termination of the contract, the price paid will be returned to the User, in addition to shipping costs and any additional costs.
10.5 In the event of a price reduction, the amount of the reduction previously agreed with the User will be returned to the User.
10.6 In any case, the refund amount will be communicated to the User by e-mail and credited to the payment method used by the User for the purchase.
10.7 Products repaired, modified or altered in any way by the User are excluded from the Legal Guarantee. Also excluded from the field of application of the Legal Guarantee are any failures or malfunctions or other defects caused by accidental facts or by the User's responsibility or by use of the product that does not conform to its intended use and / or as provided in the documentation technique attached to the Product, where existing, or in the instructions for use relating to the same.
10.8 Conventional guarantees relating to products sold are those provided directly by the Partner.
Errors and limitations of liability
11.1 The information relating to the Products provided through the Platform is constantly updated. However, it is not possible to guarantee the complete absence of errors for which ADVANTAGE GREEN cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.
11.2 ADVANTAGE GREEN reserves the right to correct errors, inaccuracies or omissions even after an Order has been sent, or to modify or update information at any time without prior notice, without prejudice to the User's rights pursuant to the these General Conditions and the Consumer Code.
11.3 Except in the event of malice or gross negligence, any right of the User to compensation for damages or to the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial, of an Order.
Complaints
12.1 Any complaint must be forwarded to ADVANTAGE GREEN using the contact form directly accessible on the Platform
Applicable law and competent court
13.1 The sales contract between the User and the Partner is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual Purchase Orders if the User is a consumer within the meaning of the Consumer Code, the court of his town of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any other competent forum excluded.
13.2 According to the art. 14 of Regulation 524/2013 informs the user that in the event of a dispute, they can submit a complaint via the European Union's ODR platform, which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to settle disputes arising from sales contracts or online services in the extra-judicial area. To this end, we inform you that the e-mail address of ADVANTAGE GREEN is market@advantage.green.
Platform Content and Intellectual Property
14.1 The contents of ADVANTAGE GREEN, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Platform, including web pages, graphics, colors, layouts, tools, fonts and design of the Web Platform, diagrams, layouts, methods, processes, functions and software, are protected by copyright and by any other intellectual property rights of ADVANTAGE GREEN and other rights holders. It is forbidden to reproduce, modify, duplicate, copy, distribute, sell or otherwise exploit the images, the contents of the Platform unless previously authorized in writing by ADVANTAGE GREEN. Any use of the contents of the Platform for commercial and / or advertising purposes is also prohibited.
14.2 All other distinctive signs that distinguish the Products sold on the Platform are registered trademarks of the respective owners and are used by ADVANTAGE GREEN by virtue of a license, for the sole purpose of distinguishing, describing and advertising the Products for sale on the Platform.
Any use of the distinctive signs mentioned above not in accordance with the law and, as unauthorized, is prohibited. It is in no way permitted to use any distinctive sign present on the Platform to take unfair advantage of the distinctive character or reputation of these or in such a way as to prejudice them and their owners.
14.3 In no case may the User alter, change, modify or adapt the Platform, nor the material made available by ADVANTAGE GREEN.