TERMS & CONDITIONS

These general conditions of sale (hereinafter also GCS) apply to the online purchase of Products (hereinafter Products or Product) marketed through the e-commerce site of the product lines marketed by Sustaina Srl (hereinafter the Site) by part of users qualifying as consumers pursuant to article 2.2 below.
In order to make purchases through the Site, the user must have reached the age of majority, be able to act and qualify as a consumer (hereinafter also Buyers or Buyers).
The Supplier invites the Purchaser to carefully read these GCS and to print and / or save them on a durable medium accessible to him.

Definitions
The term "contract" means the sales contract with which the Supplier, upon payment of the price, transfers the ownership of the Products to the Buyer in the context of a remote sales system through telematic tools organized by the Supplier and regulated by these GCS.
The term "Buyer" means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.

Methods of stipulating the contract and conclusion
The contract between the Supplier and the Buyer is concluded exclusively through the Internet, by accessing the Buyer to the Site relating to the products, selecting the Products by placing them in the cart and completing the following procedure:
a) the Purchaser, following the instructions, enters the data required for the purchase and after making the payment and accepting these GCS, places the order by clicking on the appropriate button that allows the transmission of the electronically completed form to the Supplier. The order summary web page is printable and shows the details of the orderer and the order, the price of the purchased Product, the shipping costs and any additional accessory charges, the payment methods and terms, the the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal.
b) When the Supplier receives the order from the Buyer, he sends a printable e-mail confirmation and summary of the order, which also contains the data referred to in the previous point.
Each order sent by the Buyer implies acceptance of these GCS. These GCS therefore constitute an integral and essential part of the sales contract and must, therefore, be examined online by the Buyer before completing the purchase procedure. The placing of the order therefore means full knowledge and full and express acceptance of both the General Conditions of Sale and what is indicated in the same order. After placing the order, the Buyer will not be able to modify and / or cancel it.
The contract stipulated between the Supplier and the Buyer is concluded exclusively with the acceptance of the order by the Supplier.
The Supplier reserves the right, at its sole discretion, to refuse the order if:
a) there are insufficient guarantees of solvency of the payment or in case of non-payment or partial payment of any sum owed by the Buyer, in case of problems with the payment, or in case of fraud or attempted fraud relating to the use of the Site, also with reference to previous orders;
b) the orders are incomplete or incorrect (for example in the event of an error in the information provided by the Buyer in relation to: payment card number, expiration date, card security code, billing address, insufficient shipping address, etc.);
c) the Products are no longer available;
d) it is evident that, in relation to the content of the order itself (price and quantity), a recognizable error has occurred or a situation that is clearly in contrast with the will of the Supplier and the Purchaser to proceed with the purchase subject to order (by way of example, consider the purchase of a Product at a clearly non-market price, adding a large quantity of the same Product to the virtual cart that has been reported by the Buyer as an error);
3.5. In the cases referred to in the previous art. 3.4., The Buyer will be informed by e-mail that the contract has not been finalized and that the Supplier has not confirmed the purchase order specifying the reasons. In the event that the Purchaser has already paid the price of the Products, the Supplier will refund within 14 (fourteen) days.

Amendments to these GCS.
The Supplier reserves the right to modify these GCS at any time, at its discretion, without the need to provide any notice to the Buyers. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

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PAYMENTS

Payment is made in advance at the time of the Order by the Buyer by:
a) Credit or debit card, Apple Pay, Google Pay, etc.)
b) PayPal. If the Buyer has a PayPal account, he can choose this payment method. In this case, the Buyer will be redirected to the PayPal site to proceed with the payment.
The Purchaser guarantees the Supplier that he has the necessary authorizations to use the payment method chosen for his order at the time the order is sent.
All orders are payable in euros, including taxes and mandatory contributions. Any bank charges will be the sole responsibility of the Buyer (even in the event of a refund).
Any refund to the Buyer will be, promptly and in any case no later than 30 (thirty) days, credited with the same payment method chosen by the Buyer or with a different method proposed by the Supplier and expressly accepted by the Buyer.
All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data. To ensure greater protection on purchases made in e-commerce, it is recommended to subscribe to the Securecode service of Visa or Mastercard, requesting a verification PIN to be authorized to pay in complete safety. For more information, visit: www.visaitalia.com or www.mastercard.com/it
All sales prices of the Products displayed and indicated on the Site are expressed in euros and include VAT. The prices of the Products do not include shipping costs, which will be quantified and indicated to the Buyer at the time of the order, in addition to the price of the Products, and will be displayed in the order summary before the confirmation request. Shipping costs vary depending on the address indicated for the delivery of the Products and the shipping method selected by the Buyer.
The sales prices displayed on the Site refer only to the Products sold online as they may be different from the retail prices applied in the area and can be changed at any time and without notice.
In the event that errors or inaccuracies in the prices and shipping costs indicated on the Site occur, the Buyer will be contacted by e-mail and will have the possibility to decide whether to confirm the order with the correct price or shipping cost. o request the cancellation of the order with consequent reimbursement of the entire amount paid.

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PRODUCTS AVAILABILITY AND VARIATIONS

The Products are illustrated on the Site and described in the relevant information sheets; the image accompanying a Product may not be perfectly representative of its characteristics, but differ in color, size and accessory Products. Furthermore, the Supplier will not be liable in the event of insubstantial differences between the purchased goods and their illustrative images and text descriptions published on our site.
The availability of the Products must be considered purely indicative because, due to the simultaneous presence on the Site of multiple users, the Products could be sold to others before the order is confirmed. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the Product is no longer bookable or what are or what are the waiting times to obtain the chosen product, thus asking whether intends to confirm the order or not.
The Supplier will not be in any way responsible for the temporary or definitive unavailability of one or more Products. In the event of unavailability, even temporary, of the Products, the Supplier undertakes to promptly notify the Purchaser about the waiting times for obtaining the chosen Product, asking whether he intends to confirm the order or not. In case of lack of confirmation, the Supplier undertakes not to charge the corresponding price or, if it has already been paid, to refund it.The prices of the Products and / or their characteristics may be subject to change without notice. These variations operate or only for orders not yet confirmed on the date of the variation itself. In any case, before sending the purchase order, the Buyer is invited to check the final sale price.
The Supplier assumes no responsibility for inefficiencies attributable to force majeure or to third parties, in the event that it fails to execute the order within the time stipulated in the contract.
The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards and other means of payment, for the payment of the Products purchased, if he proves that he has adopted all possible precautions in based on the best science and experience of the moment and on the basis of ordinary diligence.
The Supplier declines all responsibility for direct and indirect damages, whether foreseeable or not, consequent and / or related to the use of the Site by the Purchaser. In the event that the Supplier is held liable due to an injury suffered by the Buyer and attributable solely to the transmission of an order, this liability will be limited to the amount of the order paid by the Buyer to the Supplier.
The Purchaser declares to have full capacity to act and enter into a contract for the purchase of the Products on the Website on the basis of these General Conditions of Sale. The Provider may in no case be required to verify the ability to act of visitors and Buyers of the Website. In the event that a person who does not have the necessary capacity to act, as in the case of a minor, places an Order on the Website, without prejudice to the responsibility of their parents or legal guardians for this Order and the related payment, the Supplier may refuse to accept the Order.

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LEGAL GUARANTEE

The Supplier is responsible for any lack of conformity of the Products with respect to the contract, pursuant to the provisions of Directive (EU) 2019/771 and the specific legislation of each individual Member State.
The duration of the warranty is 6 months from the moment of delivery of the Product and it will be valid provided that the following conditions are respected:
the defect occurs within 15 days from the date of delivery of the Products;
the Purchaser presents a formal complaint by e-mail PEC regarding the defects within a maximum of 30 days from the date on which the defect was recognized by the latter, indicating the defect and / or non-conformity found, attaching at least one photograph of the Product and the copy of the order sent by the Supplier.
Following receipt of the complaint and related documentation, the Supplier will evaluate the defects and non-conformities reported by the Buyer and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products. providing the Buyer with a reply, containing the instructions for making the return, by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Supplier has authorized the return must be returned by the Purchaser within 10 (ten) days of reporting the defect or non-compliance, to the address referred to in the following art. 18.
In the event of defects or non-compliance, the Purchaser will be entitled to have the Product restored to conformity by the Supplier, by repair or replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract.
Sustaina Srl declines all responsibility for the possibility that, due to a particular configuration of the computer used by the customer or a malfunction, the colors of the products displayed on the site are slightly different from the original ones. Any use by third parties of the images contained in the Sustaina Srl site is prohibited and will be prosecuted by law. For more information contact: info@Sustainapartners.com

Liability for damage from defective products
As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC apply.

Communications to the Buyer
The Purchaser acknowledges, accepts and expresses his consent regarding the fact that the Supplier will send any communication relating to the purchase of the Products, to the e-mail address indicated by the Purchaser at the time of the order.

Obligations of the Buyer
Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep these GCS, already viewed and accepted as an obligatory step in the purchase.
The offers of products on the Site are aimed at Buyers of age and, therefore, it is strictly forbidden for people under the age of 18 to place orders online.
It is strictly forbidden for the Purchaser to enter false, invented, third party and / or fictional data for the execution of this contract and related further communications; personal data, address, telephone number and e-mail address must only be your personal and real data and not those of third parties or fictional ones.
The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all Buyers.
The Purchaser releases the Supplier from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Purchaser, being himself solely responsible for the correct insertion.

 

TRADEMARKS AND LOGOS

The trademarks of the products sold by the Supplier figurative and not, present on the Website, the images, illustrations and logos and any content present on the Site are the exclusive property of the Supplier and / or the respective owners of the intellectual property rights thereon.
The reproduction in whole or in part, the modification or use of such trademarks, illustrations, images and logos, or of any other content of the Site, for any reason and by any means, without the express written authorization of the Supplier and / or the respective owners of the intellectual property rights thereon is strictly prohibited.

Protection of confidentiality and processing of the Buyer's data
The Supplier collects and processes the personal data of the Purchaser and, where appropriate, those of the recipient of the Order in order to provide its products and services in accordance with these General Conditions of Sale. For information concerning the processing of the Purchaser's personal data and possibly the recipient of the order by the Supplier, please consult the Website Privacy Policy, available on the same in the appropriate section.
For new customers Sustaina Srl may ask the payment channels to verify the transaction, also by contacting the counterparty bank. This additional check may cause some delays in the shipment of the order.

Methods of conservation / archiving of contractual documents
Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself according to criteria of confidentiality and security.
The Purchaser is invited to archive both the order confirmation e-mail and these GCS on his device, in an appropriate digital format.

Communications and complaints to the Supplier
Written communications, complaints and direct shipments to the Supplier and provided for in these GCS will be considered valid only if sent to the following addresses:
- in case of PEC e-mail to sustainasrl@legalmail.it
- in case of e-mail to info@sustainapartners.com

Applicable law, dispute resolution and competent court
The interpretation, execution and termination of these GCS and the contract concluded between the Supplier and the Buyer are governed by Italian law and will be interpreted according to it, without prejudice to any other prevailing mandatory rule of the Buyer's country of habitual residence. Any inherent and / or consequent disputes will be resolved on a non-exclusive basis by the Italian judicial authority and specifically by the Court of Rome, unless the Purchaser intends to opt, as it is his right, for the court of the place of domicile or residence of the same in according to the applicable National law.
The Supplier is always available to seek an amicable solution to any disputes that have arisen, through the direct contacts indicated in art. 18 or the procedures laid down by the individual Member States.
The Purchaser may also contact the European Commission, through an online platform for the resolution of ODR disputes ("online dispute resolution "), resulting from the purchase of goods online in accordance with Article 14 of EU Regulation no. 524/2013 and the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016. More information on the platform is available at the following link https://webgate.ec.europa.eu/odr/main/

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