GENERAL TERMS AND CONDITIONS OF ONLINE SALE
The present conditions are valid only between Bear Bush of Bears Giuseppe Glauco, with registered office in Via Cardassi 77 Bari 70121, P. IVA 0489 9460 754 (hereinafter referred to as “BEAR BUSH”) and any natural person who makes online purchases on the website www.marygrow.com (hereinafter referred to as “End User”). These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern the purchases made on the site www.marygrow.com, in accordance with the provisions of the Consumer Code, Legislative Decree no. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by the Legislative Decree. n. 70/2003 on electronic commerce.
OBJECT OF THE CONTRACT
With these general conditions of sale, Bear Bush sells and the End User purchases remotely the tangible movable goods indicated and offered for sale on the website www.marygrow.com. The contract is concluded exclusively through the Internet, by accessing the End User at www.marygrow.com and the realization of a purchase order according to the procedure provided by the site itself.
The End User undertakes to examine, before proceeding to confirm their order, these general conditions of sale, in particular the pre-contractual information provided by Bear Bush and to accept them by affixing a flag in the indicated box.
In the e-mail confirming the order, the End User will also receive a link to download and store a copy of these general conditions of sale, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
PRE-CONSTRUCTIVE INFORMATION FOR THE CONSUMER – Article 49 of Legislative Decree 206/2005
Before the conclusion of the purchase contract, the End User sees the characteristics of the goods that are illustrated in the individual product data sheets at the moment of the choice made by the End User.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the End User is informed about:
total price of goods including taxes, with details of shipping costs and any other costs;
terms of payment;
the term by which Bear Bush agrees to deliver the goods;
conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the standard withdrawal form referred to in Annex I, Part B of Legislative Decree 21/2014;
information that the End User will have to bear the cost of returning the goods in case of withdrawal;
existence of the legal guarantee of conformity for the purchased goods;
after-sales assistance conditions and commercial guarantees provided by Bear Bush;
The End User may at any time and in any case before the conclusion of the contract, take note of the information relating to Bear Bush, as follows:
Bear Bush of Bears Giuseppe Glauco, Via Cardassi, 77 – 70121 – BARI (BA), email: firstname.lastname@example.org
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by Bear Bush to the End User of an email confirming the order. The email contains the data of the Final User and the order number, the price of the goods purchased, the units of goods purchased, shipping costs and the delivery address to which the goods will be sent.
Subsequently, the End User will receive an additional email indicating the processing of the order by the courier who will take care of the delivery of the goods and a last email from the bus where the tracking code will be defined to monitor the shipment.
The End User undertakes to verify the correctness of the personal data contained therein and to promptly notify any potential corrections to Bear Bush.
Bear Bush undertakes to describe and present the items sold on the site in the best possible way. The photographs of the products presented on www.marygrow.com do not constitute a contractual element, as they are only representative.
Bear Bush agrees to deliver the goods within 5 business days of Bear Bear’s sending of the order confirmation email to the End User.
AVAILABILITY OF PRODUCTS
The availability of the products refers to the actual availability when the End User places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other end users before confirming the order.
Even after sending the order confirmation email sent by Bear Bush, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the End User will be immediately notified via email.
TERMS OF PAYMENT
Any payment by the Final User can only be effected by cash on delivery of the goods by the courier.
All sales prices of the products indicated on the www.marygrow.com website are expressed in Euro and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made.
The End User accepts Bear Bush’s right to change his prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time the order was created and indicated in the confirmation email sent by Bear Bush to ‘Final user.
In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by Bear Bush, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase order will be considered invalid and canceled and the amount paid by the End User will be refunded within 14 days from the day of cancellation.
The End User may also avail himself of the use of discount coupons or discount codes promptly communicated in the Bear Bush Facebook and Instagram channels.
RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the End User has the right to withdraw from the purchase without any penalty and without specifying the reason, within two days from the date of receipt of the products.
The End User who intends to exercise the right of withdrawal must communicate this to Bear Bush through an explicit declaration, which can be sent by e-mail to the address email@example.com or by registered mail to the address provided below.
In case of exercise of the right of withdrawal, the End User is required to return the goods within 15 days from the day on which he informed Bear Bush of his desire to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to Bear Bush, at Via Cardassi, 77 – 70121 – BARI (BA).
The direct costs of returning the products are borne by the End User.
The goods must be returned intact, in the original packaging, complete in all its parts without any alteration of the package itself, the label and / or warranty seal. Without prejudice to the right to verify compliance with the above, Bear Bush will reimburse the amount of products subject to withdrawal within a maximum period of 14 days, excluding any shipping costs.
As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Bear Bush may suspend the reimbursement until receipt of the goods or until the eventual confirmation by the End User of having returned the goods to Bear Bush.
Bear Bush will reimburse using the same payment method chosen by the End User at the time of purchase.
LEGAL CONFORMITY GUARANTEE
In case of receipt of products that do not comply with the orders or are defective, the End User has the right to the restoration without charge of the conformity of the product by replacing the product. The End User can exercise this right if the defect is attested at the time of delivery of the goods and reports the defect to Bear Bush within 2 days of discovery.
Subsequently, the End User must proceed to the Reso request by sending an email to firstname.lastname@example.org or on the website www.marygrow.com to the “contact us” section. Bear Bush in case of defective or non-compliant product, will arrange, at its own expense, to organize the withdrawal of the product, compatibly with the availability of the Final User.
Bear Bush will only accept orders to be delivered in the Italian territory and in the Republic of San Marino. The products will be delivered by express courier to the address indicated by the End User at the time of the order no later than 5 working days from the date of receipt by the End User of the order confirmation email sent by Bear Bush.
For every order placed on the site www.marygrow.com, the End User can request an invoice for the goods purchased and sent by sending an email to email@example.com with all the data and VAT number specifying in the subject “REQUEST INVOICE” (pursuant to article 22 paragraph 1 of Presidential Decree 633/72 and subsequent amendments).
Bear Bush assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, if he fails to execute the order within the time stipulated in the contract.
ACCESS TO THE SITE
The End User has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of Bear Bush and are protected by the intellectual property right.
These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are subject to Italian law.
Any controversy that does not find a friendly solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of Bear Bush.
In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https: // webgate.ec.europa.eu/odr.
General sales conditions updated on 1 July 2018.