Terms and conditions
Payment: Italy/Foreign countries – Bank transfer in advance to confirm the order.
Prices: Ex our warehouse – excluding VAT.
The goods are transported at the customer’s own risk and shall only be insured at the customer’s request.
The supplier does not accept any claims made more than eight days after delivery.
The Court of Udine have exclusive jurisdiction.
Our company reserves the right to cancel or suspend the execution of the contract at any time, or to amend the terms of payment, should the commercial information regarding the customer’s creditworthiness and reputation be deemed unsatisfactory.
For production-related reasons, some orders may be cancelled.
Should the sale not be finalised with the delivery of the goods within 120 days of the order being placed, for reasons attributable to you, any deposits paid will be retained as a penalty for the administration of the order.
Terms and Conditions of Sale
General Terms and Conditions of Sale for business customers (B2B)
1. Trademarks and Intellectual Property
2. Links to the Website
3. Disclaimer regarding content
4. Commercial Policy
5. Conclusion of the Contract and Payment
6. Discounts and promotions
7. Delivery Methods and Times
8. Non-EU Countries
9. Right of Withdrawal
10. Non-Conforming or Missing Products
11. Access to the Website and Intellectual Property
12. Governing Law and Dispute Resolution
General Provisions
These General Terms and Conditions of Sale govern the contractual relationship between the user (hereinafter also referred to simply as the “User” or the “Customer”) and the company fiorirà un giardino S.r.l. (hereinafter also referred to simply as “fiorirà un giardino”) in relation to the purchase of products offered via the online shop accessible at www.fioriraungiardino.com (hereinafter also referred to simply as the “Website”). By accessing the Website, the User confirms that they fully accept these General Terms and Conditions, in the version in force at the time of the order, which fiorirà un giardino may update at any time without prior notice. It is the User’s responsibility to check the current General Terms and Conditions before proceeding with the purchase. Products purchased on the Website are sold directly by Fiorirà un giardino S.r.l., with its registered office at Via Galileo Galilei, 10, 33042 Buttrio, Italy, registered with the Udine Chamber of Commerce, Tax Code and VAT No. 01354520304, Certified email (PEC): [email protected], Share capital €10,000 fully paid up. For any enquiries regarding the General Terms and Conditions, please contact Customer Services by emailing: [email protected]
1. Trade Mark and Intellectual Property
The ‘fiorirà un giardino’ trade mark is the exclusive property of fiorirà un giardino S.r.l.
Any reproduction, in whole or in part, of the contents of the Website without written authorisation is prohibited. This includes, by way of example but not limited to, images, text, logos, graphics, colours, layout, production processes and any other distinctive elements.
2. Links to the Website
The inclusion of links to this Website is permitted only with the prior written authorisation of fiorirà un giardino S.r.l. Such authorisation may be granted at the company’s discretion and shall be subject to the condition that the link does not damage the image, name, trade marks or business of fiorirà un giardino, nor imply in any way an unauthorised association, endorsement or sponsorship. fiorirà un giardino S.r.l. reserves the right to revoke such authorisation at any time and without giving any reason, by simply notifying the author of the link in writing. The company accepts no liability for the content, services, security or accuracy of any third-party websites linked to via hyperlinks, even if authorised.
3. Notice regarding content
3.1 Images and product representation / sample requests
The photographs on the website are taken by professional photographers to best represent fabrics, textures and finishes, but are and remain purely illustrative. It is worthwhile to consider that colour perception may vary depending on the device used, ambient lighting and screen display: such differences do not represent product defects or faults.
3.2 Errors or omissions
Whilst endeavouring to keep the Website up to date and accurate, Fiorirà un giardino does not guarantee the absence of errors or omissions, nor the continuous availability of products.
3.3 User responsibility
Use of the Website is at the User’s own risk: Fiorirà un giardino shall not be liable for any direct or indirect damage arising from the use of the Website, IT problems, viruses or loss of data.
The User is responsible for safeguarding their login credentials for the Website. Any misuse shall be attributable exclusively and solely to the User.
4. Commercial Policy
Sales are intended exclusively for professionals (B2B).
Fiorirà un giardino reserves the right not to process orders that do not comply with its commercial policy.
5. Conclusion of the Contract and Payment
5.1 The purchase is finalised upon advance payment by the User.
5.2 By submitting the order, the User declares that they have read and accepted these General Terms and Conditions in full.
5.3 The accepted payment methods are: advance bank transfer or credit card. The Customer is required to select their preferred payment method at the time of concluding the Purchase Contract.
5.4 Orders are processed upon receipt of payment. No changes to the order may be requested thereafter.
5.5 Should a product be out of stock, an alternative will be offered or a refund provided.
5.6 Fiorirà un giardino reserves the right, at its discretion, not to accept an order.
5.7 Any notes regarding the order may be entered in the appropriate field in the shopping basket in Italian, English or French.
5.8 Prices are quoted in euros and are stated excluding VAT, which must also be paid at the time of payment for the order.
Shipping costs are borned by the recipient.
6. Discounts and Promotions
- Any discount codes must be entered before finalising the order.
- Discounts and promotional codes are not retroactive: they cannot, therefore, be applied to orders that have already been placed.
- It is not possible to cancel or amend an order to benefit from a discount.
- Discounts cannot be combined, unless otherwise explicitly stated.
7.1 Delivery Times, Methods and Checks
Deliveries are made by leading courier services from Monday to Friday during working hours.
Upon receipt of the goods, the User is required to check:
- that the products match the delivery documents;
- that the parcels are undamaged.
Any discrepancies must be noted on the courier’s delivery note. Reports made after the fact will not be considered valid.
In the event of an incorrect address, the recipient’s absence or refusal of delivery, all additional costs — including storage charges, return costs, re-delivery charges, any customs duties and any other charges — will be borne entirely by the User.
7.2 Delivery Restrictions
We do not deliver to PO boxes or incomplete addresses.
7.3 Responsibility for the shipment
Fiorirà un giardino S.r.l. cannot be in any way held reponsible for delays, damage or loss occurring during transit, nor for disruptions caused by force majeure or internet network malfunctions. Responsibility for the shipment lies solely with the appointed courier, who is carefully selected but operates independently.
8. Non-EU Countries
Any import duties, customs clearance charges or brokerage fees, including any other additional costs, are the sole responsibility of the Customer. Ref. Incoterms DAP: Delivered At Place. We recommend that you check with your local customs authorities before proceeding with your purchase.
9. Terms of Warranty
The Customer is entitled to the standard warranty provided for under the provisions of the Civil Code and the warranty clauses set out in these General Terms and Conditions of Sale.
The warranty is not valid or effective if any fault or defect is found to result from incorrect or inappropriate use and/or application of the product. Any modification and/or replacement of parts of the product and/or the entire product not authorised by the seller relieves the latter of any civil or penal responsibility and will, in any event, invalidate the warranty. Furthermore, the warranty does not cover normal parts subject to wear and tear.
The right of withdrawal does not apply to products purchased in the sale or at a discounted price.
9.1 Non-conforming products and returns and refund procedure
Should the User identify any alleged faults and/or non-conformities in the products, they must notify the Seller immediately by following the procedure set out below:
Within 8 days of discovering the fault and/or non-conformity, send an email to [email protected] stating:
- the subject line “Complaint regarding Non-Conformity”
- the order number and date
- your contact details
- a list of the items you intend to return
- a detailed description, accompanied by images, of the alleged defects.
The return of multiple products belonging to the same order must be made in a single consignment.
Fiorirà un giardino will examine the complaint and, if it is valid, will, at its discretion and depending on the specific circumstances, take action to rectify the non-conformity, replace the item, or agree with the customer on partial compensation or a refund.
Products must be returned in perfect condition, unused and unwashed, in their original packaging.
Fiorirà un giardino will not accept a complaint if it is evident that the issue reported is unrelated to the product, or if the characteristic reported as defective is considered an inherent feature of the product purchased, with particular reference to variations in colour and size.
Any unauthorised returns will not be accepted.
Failure to comply with the terms and conditions set out above will result in the Customer forfeiting their rights under the warranty.
9.2 Missing items
Any missing items must be reported in writing to the carrier at the time of delivery; subsequent and/or late reports will not be accepted."
10. Exclusions and Limitations of Responsibility
Except in cases of justified complaints raised in accordance with the provisions of the preceding paragraph, the Customer shall have no further rights or remedies. In particular, the Seller shall not be liable for any compensation claimed for breach of contract or non-performance, for any direct damage or loss of profit suffered by the Customer as a result of the use, non-use, improper use, or installation of the Products in other products, except in cases covered by the warranty set out in the preceding paragraph or in the event of wilful misconduct or gross negligence on the part of the Seller.
The warranty is also excluded if the Customer has damaged the products through wilful misconduct or negligence on their part, and if, due to their negligence and/or carelessness and/or for other reasons not attributable to Fiorirà un giardino S.r.l., they have damaged and/or rendered the products defective and/or exposed them to natural events and/or used them improperly and/ or without following the technical instructions set out in any manuals, and/or has carried out, and/or had repairs, interventions or tampering carried out by personnel not authorised by Fiorirà un giardino S.r.l., and/or has failed to carry out the necessary maintenance, and/or has stored them incorrectly. The warranty is also excluded if the defects and/or faults and/or malfunctions result from use of the Products other than that specified in the Product Data Sheet or in any further instructions set out in the Contract and/or for which they were designed and manufactured, or in cases of normal wear and tear or deterioration of consumable parts.
The Seller shall do everything in its power to deliver the Products within any agreed timeframes, but under no circumstances shall it be held liable for any damage caused, directly or indirectly, by a delay in the performance of a contract or by a delay in the delivery of the Products.
The Seller's catalogues, price lists or other promotional material constitute only an indication of the type of Products and prices and the indications indicated therein are in no way binding on the Seller. The Seller assumes no responsibility for errors or omissions contained in its price lists or promotional materials. The Seller reserves the right to make such changes to the Products as, without altering the essential characteristics of the Products, may be necessary.
The Seller reserves the right to make such changes to the Products as may be necessary or appropriate, provided that such changes do not alter the essential characteristics of the Products.
11. Intellectual Property
All contents of the website are protected by copyright. Unauthorised reproduction is prohibited.
12. Governing Law and Jurisdiction
These General Terms and Conditions of Sale and all contracts entered into by the Customer with the seller are governed by Italian law.
The Court of Udine shall have exclusive jurisdiction over any dispute arising in connection with the application, interpretation, validity and performance of these General Terms and Conditions of Sale and of all contracts entered into by the Customer with the seller.
It is also understood between the parties that only the seller, at its discretion, shall have the right to waive the exclusive jurisdiction referred to in the previous point in order to bring legal proceedings against the Customer at the Customer’s place of residence and before the competent court there.