General Conditions of Sale
Read these General Conditions of Sale carefully before proceeding with any purchase. By making any purchase, you fully accept these General Conditions of Sale and declare to be of age and in full possession of one’s faculties. These General Conditions are drawn up in Italian and English, with the English language prevailing in case of discrepancies.
General Conditions of Sale
These conditions are valid exclusively between the Foundation "Il Giardino dei Tarocchi", hereinafter referred to, in short, as "IL GIARDINO DEI TAROCCHI" and any person who purchases online on the website www.ilgiardinodeitarocchi.shop hereinafter referred to as '' CUSTOMER '' for purposes not related to any commercial or professional activity carried out. These conditions may be subject to changes and their date of publication on the site equals to the date of entry into force.
These conditions govern purchases made on the website www.ilgiardinodeitarocchi.shop, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 on electronic commerce.
If the person interested in purchasing the goods indicated in Article 1 below is a business, he/she may contact the "Il Giardino dei Tarocchi" Foundation at the addresses indicated in Article 2 below for the stipulation of a specific contract.
Article 1 – Subject of the contract
With these general conditions of sale, IL GIARDINO DEI TAROCCHI sells and the CUSTOMER remotely purchases the tangible movable property indicated and offered for sale on the website www.ilgiardinodeitarocchi.shop. The contract is concluded exclusively through the internet, by accessing and registering the CUSTOMER at www.ilgiardinodeitarocchi.shop and the creation of a purchase order according to the procedure provided by the site itself.
The CUSTOMER undertakes to read these general conditions of sale, in particular the pre-contractual information provided by IL GIARDINO DEI TAROCCHI, and to accept them by affixing a flag in the box indicated as “order with obligation to pay”.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
Article 2 - Pre-contractual information for the consumer - ART. 49 OF Legislative Decree 206/2005
Before the conclusion of the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of his choice.
Before validating the order with "payment obligation", the CUSTOMER is informed of:
Article 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by IL GIARDINO DEI TAROCCHI to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER data and the order number, the essential characteristics of the goods purchased, the price of the goods purchased, the delivery address to which the goods will be shipped, methods and timing of any withdrawal and the link to be able to print and archive the copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above e-mail and to promptly notify IL GIARDINO DEI TAROCCHI of any corrections/changes to be made.
IL GIARDINO DEI TAROCCHI undertakes to describe and present the items sold on the website www.ilgiardinodeitarocchi.shop in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product depicted on the site and the actual product may occur. It should be noted that the photographs of the products presented on this site do not constitute a contractual element, as they are to be considered representative only.
IL GIARDINO DEI TAROCCHI undertakes to deliver the goods within 30 days of sending the order confirmation e-mail to the CUSTOMER.
Article 4 – Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative as:
Even after receipt of the order confirmation e-mail sent by IL GIARDINO DEI TAROCCHI, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the product or products not available and the CUSTOMER will be immediately informed via e-mail of the methods and timing of reimbursement of any sums paid.
Article 5 – Payment method
Any payment by the CUSTOMER can only be made by means of the credit cards indicated on the website www.ilgiardinodeitarocchi.shop
In case of payment by credit card, the actual amount of the order will be charged only when the order is complete and ready for shipment.
When this is done, the communications relating to the payment and the data communicated by the CUSTOMER take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by Visa), SCM (Mastercard SecureCode) or American Express Safe Key certification.
Article 6 – Prices
All sales prices of the products indicated on the website www.ilgiardinodeitarocchi.shop are expressed in Euro and include VAT and, where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price but are indicated and calculated at the conclusion of the purchase process before payment is made.
The CUSTOMER accepts the right of IL GIARDINO DEI TAROCCHI to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation e-mail sent by IL GIARDINO DEI TAROCCHI to the CUSTOMER.
In the event of an IT, manual, technical, or any other kind of error that could lead to a substantial change, not foreseen by IL GIARDINO DEI TAROCCHI, of the sale price to the public, which makes it exorbitant or clearly derisory, the order of purchase will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
Article 7 – Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
In the case of multiple purchases made by the customer with a single order and delivered separately, the aforementioned term runs from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify IL GIARDINO DEI TAROCCHI by means of an explicit declaration, which may be sent by registered letter with return receipt or by accessing the "My orders" section of the "My account" area on the website www.ilgiardinodeitarocchi.shop
Link to Slip return form
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory ) whose text is shown below:
Sample withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)Fondazione IL GIARDINO DEI TAROCCHI
Località Garavicchio - 58011 Capalbio (GR), Italy
tel. (+39) 0564 895122 – Fax (+39) 0564 895700
registered e-mail. firstname.lastname@example.org
Hereby I/we (*) notify the withdrawal from my/our (*) contract for the sale of the following goods/services (*)
In case of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he/she communicated to IL GIARDINO DEI TAROCCHI his/her will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to :
Il Giardino dei Tarocchi - Returns
Provincia di Grosseto
tel. (+39) 0564 895122 – Fax (+39) 0564 895700
registered e-mail. email@example.com
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, IL GIARDINO DEI TAROCCHI will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
As for the return of the product subject to withdrawal, IL GIARDINO DEI TAROCCHI assures its customers the possibility of using a carrier that has an agreement with it. In the event that the Customer decides to use this service, the shipping costs (except for those relating to telephone bookings) will be borne by IL GIARDINO DEI TAROCCHI (art. 56 co. 1 Legislative Decree 206/2005). On the other hand, in the event that the customer intends to use another carrier or another means of shipping, all costs will be borne by him (art. 56 co. 1 Legislative Decree 206/2005).
The CUSTOMER is also granted the right to return the product purchased online directly at IL GIARDINO DEI TAROCCHI store. In this case, it is not necessary to create the online return procedure and all costs related to the return will be borne by the CUSTOMER (e.g.: petrol, possible disassembly of the product, etc.).
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, IL GIARDINO DEI TAROCCHI may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that he/she has returned the goods to IL GIARDINO DEI TAROCCHI.
IL GIARDINO DEI TAROCCHI will process the reimbursement using the same payment method chosen by the CUSTOMER during the purchase. In case of payment made by bank transfer, the CUSTOMER who intends to exercise his/her right of withdrawal must provide IL GIARDINO DEI TAROTCCHI, by accessing the "Contact us" section of the site, the bank details: IBAN, SWIFT and BIC necessary for carrying out the reimbursement.
It is understood that in the event of a product defect, the shipping costs will in any case be borne by IL GIARDINO DEI TAROCCHI.
Article 8 – Legal warranty of conformity
In case of receipt of defective products or in any case non-compliant with the orders placed, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing the product. The CUSTOMER can exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to IL GIARDINO DEI TAROCCHI within two months of its discovery. In order to exercise the aforementioned right, the CUSTOMER will have to proceed with the creation of an online return procedure by accessing the to the Slip return form. It is understood that, in the event of a defective or non-compliant product, IL GIARDINO DEI TAROCCHI will arrange the collection of the product at its own expense, compatibly with the CUSTOMER's availability.
Article 9 – Shipping method
The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by IL GIARDINO DEI TAROCCHI.
For every order placed on the website www.ilgiardinodeitarocchi.shop, IL GIARDINO DEI TAROCCHI issues an invoice (or similar document) for the goods shipped. The invoice (or similar document) is available and printable, after the order has been processed, in the <My acount> section of the site. The invoice (or similar document) will contain the information provided by the CUSTOMER during the purchase procedure. After the invoice (or similar document) has been issued, it will not be possible to make any changes to the data indicated therein.
Article 10 – Responsability
IL GIARDINO DEI TAROCCHI assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
Article 11 – Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of IL GIARDINO DEI TAROCCHI and are protected by intellectual property rights.
Article 12 - Cookies
The website www.ilgiardinodeitarocchi.shop uses ''cookies''. Cookies are electronic files that record information relating to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and that allow IL GIARDINO DEI TAROCCHI to offer a personalized service to its customers.
IL GIARDINO DEI TAROCCHI informs the CUSTOMER of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the CUSTOMER from proceeding with the online purchase.
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Article 13 – Comprehensiveness
These General Conditions of Sale are made up of the totality of the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulations or judicial decision, the other provisions will continue to have full force and effect.
Article 14 – Applicable law and competent court
The contract stipulated under these General Conditions of Sale is governed by the law of the State in which the Customer habitually resides.
Any disputes can be resolved out of court by submitting a complaint through the ODR (Online Dispute Regulation) Platform managed by the European Commission and governed by Regulation (EU) no. 524/2013 of the Parliament and of the Council of 21 May 2013, accessible at https://webgate.ec.europa.eu/odr
For Italian customers it is also possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
Any dispute that will not find an amicable or out-of-court solution will be subject to the exclusive jurisdiction of the jurisdiction of the State in whose territory the CUSTOMER is domiciled.
General conditions of sale updated on September 1st, 2022