Terms of Service

1. SUBJECT AND SCOPE OF APPLICATION

1.1- These general terms and conditions of sale, available on the nerogiardini.it website ("Website"), concern the online sale of B.A.G. S.p.A. products under the "NeroGiardini" brand, conducted remotely via telemetric network through the site shop.nerogiardini.it, owned by B.A.G. S.p.A., a company under Italian law, with registered office in Monte San Pietrangeli (FM), Via dell'Industria n. 11, VAT and Fiscal Code and Business Register registration number 01485570442, registered with the Chamber of Commerce of Fermo at R.E.A. n. FM - 138158, email info@nerogiardini.it.

1.2- These sales conditions apply to sales carried out through the site shop.nerogiardini.it.

1.3- B.A.G. S.p.A. is free to update, integrate, or modify these general terms and conditions of sale, with efficacy for sales completed subsequent to their publication on the site, which constitutes communication of the changes to customers.

1.4- The offer and sale on the nerogiardini.it Website constitute a distance contract governed by Chapter I, Title III (art. 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") and by Legislative Decree no. 70 of 9 April 2003 containing the regulations for electronic commerce.

1.5- These General Terms and Conditions of Sale are applicable in Italy and Europe.

2. PURCHASING PROCEDURE

2.1- The purchase of products on the site is permitted only to adults acting as consumers, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity carried out.

2.2- The purchase of products on the site can take place by telephone by contacting the number shown on the page, or through registration on the site, or by connecting to the site without registering. Registration on the site is free and takes place by filling out a specific form. Successful registration on the Website will be confirmed via a specific email.

2.3- Registration on the site by creating an account allows the user to: - Save their addresses - Save payment methods so they can be reused in subsequent orders - Check the order status - Proceed with any returns.

2.4- Whether the consumer wishes to proceed with registration for the purchase or proceeds to purchase without registering, they will have the opportunity to choose the items most suited to their needs and add them to their "shopping cart". It is possible to enter the "cart" section and modify the order at any time.

2.5- Product prices are expressed in Euro and include Value Added Tax (VAT). In the event that a product is offered at a discounted price, the full reference price against which the discount is calculated will be indicated on the product sheet.

2.6- Once the selection of items to purchase is finished, it is possible to enter the "cart" section and proceed with the "checkout".

2.7- By clicking on "checkout", all mandatory fields relating to personal data and the shipping address must be completed.

2.8- Subsequently, the user must choose the most suitable payment method and complete the order in the Credit Institution section.

2.9- At the end of the procedure, two emails will be sent to the address indicated: one from B.A.G. S.p.A. with the order summary and one from the Credit Institution confirming the transaction.

2.10- When the goods have been taken over by the forwarder, the customer will receive an email from the same indicating the shipping date and the tracking number to follow the shipment ("shipping confirmation email").

3. INFORMATION FOR THE CONCLUSION OF THE CONTRACT

3.1- The electronic format of the order completed by the customer and sent to B.A.G. S.p.A. via telemetric means shall be considered an irrevocable contractual proposal of purchase.

3.2- The receipt of the order by B.A.G. S.p.A. does not constitute acceptance of the purchase proposal but serves only to confirm receipt of the order and that it has been submitted to a data verification process and product availability check.

3.3- The contract is concluded only when the customer receives the shipping confirmation email.

3.4- The products remain the property of B.A.G. S.p.A. until total payment of the amount due by the user. In the event that the amount due is not paid or the payment is not successful, the order will be cancelled. If the shipping confirmation email has already been sent, the contract shall be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The user will be notified via email of the cancellation or termination of the contract.

4. PAYMENT METHODS

Payment for products on the site may be made via:

Cash on Delivery (Contrassegno): available only for telephone orders.

Credit Card: payment by credit card must be made according to the instructions on the site. The credit cards accepted by the seller are: Visa, MasterCard, and Maestro. By selecting credit card as the payment method, the customer authorises the seller to receive the amount of the expenditure incurred via a charge to the customer.

PayPal: in this case, the user will be redirected to the website www.paypal.com, where the payment for the products will be carried out according to the procedure established and governed by PayPal. The data transmitted on the PayPal site will be processed directly by the same and will not be shared with B.A.G. S.p.A. In the event of contract termination for any reason, any refund will be credited to the user's PayPal account.

In Instalments: through the service offered by Scalapay. See general conditions at the site https://www.scalapay.com/it.

5. SHIPPING AND DELIVERY

5.1- Shipping costs are free in Italy and subject to a fee in other EU countries.

5.2- Delivery of purchased products is made to the place indicated by the user in the order. In the case of an order with multiple items, the shipment will be unified.

5.3- The estimated and non-essential delivery time is 24/48 working hours from the "shipping confirmation" email, provided the order is placed by 15:00, except for exceptions regarding islands and remote locations difficult for the courier to reach.

5.4- Once the shipment has been taken over by the courier, the latter will send an email to the customer indicating the shipping date and the tracking number to follow the shipment ("shipping confirmation email").

5.5- It is the responsibility of the user to check the condition of the product delivered. It remains understood that the risk of loss or damage to the products, for reasons not attributable to B.A.G. S.p.A., is transferred to the customer when the customer physically comes into possession of the product. Should the packaging show evident signs of tampering or alteration, the user is recommended to promptly notify customer service.

5.6- The customer must collect the product, given the obligation deriving from the purchase contract. In the event of non-delivery due to the absence of the recipient at the address specified in the order, the courier will leave a notice of attempted delivery containing a contact number. The courier will then make a second delivery attempt. After two unsuccessful delivery attempts, the parcel will go "into storage" (giacenza). Once the storage period - which can be checked on the courier's website - has expired, the courier will return the products to us. Upon receiving the return of the uncollected products, we will proceed to refund the price paid using the same payment method used for the purchase.

5.7- Should the purchased product not be delivered within the term indicated in the order, the customer, pursuant to art. 61 of the Consumer Code, invites B.A.G. S.p.A. to make the delivery within a supplementary term appropriate to the circumstances. If delivery does not occur within said term, the customer is entitled to terminate the contract. The consumer is not burdened with the obligation to grant B.A.G. S.p.A. the supplementary term if:

B.A.G. S.p.A. has expressly refused to deliver the goods;

compliance with the term agreed for the delivery of the good must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;

the customer informed B.A.G. S.p.A., prior to the conclusion of the contract, that delivery by a specific date is essential.

In such cases, if the customer does not receive the product within the delivery term indicated in the order, they are entitled to immediately terminate the contract and B.A.G. S.p.A. will proceed with the refund according to the methods set out in point 6.

6. RIGHT OF WITHDRAWAL AND REFUND

6.1- Returns are free in Italy and subject to a fee in EU countries.

6.2- If the customer is not fully satisfied with the purchase, they may return the item within 30 days from the date it was delivered. The item must be returned in the same condition in which it was received, with all tags intact and still attached, and inside its box.

6.3- At present, it is not possible to perform exchanges or product replacements. It is possible to proceed with the return procedure.

6.4- Return procedure:

Registered customer: it is possible to carry out the return procedure by logging into your account, clicking on the "my orders" section, selecting the product you wish to return, and clicking on "return product". Subsequently, the customer will receive a "return confirmation" email from the company and, through the link provided in the same email, may book the collection, having previously packaged the parcel and attached the specific label found inside the parcel.

Unregistered customer: it is possible to make a return either by clicking the "return the item" button in the order summary email sent by the company (2.9) or directly within the online shop by clicking the "guest return request" section. In both cases, it will be necessary to fill in all the fields indicated on the page; subsequently, the customer will receive a "return confirmation" email from the company and, through the link provided in the same email, may book the collection, having previously packaged the parcel and attached the specific label found inside the parcel.

6.5- Once the parcel has returned to the warehouse and the necessary checks have been performed, we will send the customer a "Return Acceptance Confirmation" email. The customer will be refunded within 7 days from the date of receipt of the goods at the warehouse. In the case of orders cancelled before their shipment, the refund will be made within 7 working days of the acceptance of the request. The refund is made via the same payment method chosen during the order phase. In the case of payment by credit card, the refund will be made to the same Credit Card used at the time of purchase; the time to receive the credit varies depending on the Banking Institution. In the case of payment by PayPal, the refund will be visible in the PayPal account within 48 hours of receipt of the refund confirmation email. For refunds in case of payment in instalments, see the following link: https://scalapay.zendesk.com/hc/it/articles/360037795813-Come-funziona-in-caso-di-reso-e-rimborso-

7. NON-CONFORMING OR DEFECTIVE PRODUCTS - WARRANTY

7.1- B.A.G. S.p.A. is responsible to the customer for any lack of conformity existing at the time of delivery of the product and which manifests within 2 years from the date of delivery.

7.2- For any report regarding defects or non-conformity of the product, we ask our customers to contact our Customer Care at the following email address: shoponline@nerogiardini.it.

7.3- To perform a return, follow the procedure described in point 6.

7.4- Once the product has returned to our warehouse, it will be inspected by our quality department. Should the defect or non-conformity exist, we will proceed with the possible repair or replacement, or with the refund of the cost incurred. If the inspection excludes the defect or non-conformity, we will send back the original Product.

8. CUSTOMER SERVICE

Our customer service is active from Monday to Thursday from 09:30 to 12:00 and from 13:30 to 16:30.

9. APPLICABLE LAW AND JURISDICTION

These Conditions of Sale must be interpreted in accordance with the laws in force in Italy. In the event of any dispute or claim associated with these Conditions of Sale, such dispute or claim shall be subject to the exclusive jurisdiction of the courts of the place of residence of the consumer/user. The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, on the Consumer Code, with specific reference to the legislation on distance contracts, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.