Terms and conditions of sale
These general terms and conditions of sale govern the purchase of products and services made at a distance via the Internet on the website www.naturalma-shop.com. Before submitting the order, the Customer is required to read these General Conditions carefully; they are made available on the aforementioned website so that they can be read, stored and archived.
Art. 1. Definitions
1. Unless otherwise provided in the Contract, the following terms and expressions shall have the meaning set out below:
a) “Naturalma”: Naturalma s.r.l., with registered office at Via Antonio Zanolini 15/4, Bologna (Bo) - 40126, R.E.A. (Business Register) number BOLOGNA 493308, VAT number and Tax Code: 03118441207, e-mail address: info@naturalma-shop.com, certified e-mail (PEC): ecx@pec.it, telephone: 051/0040289.
b) “Site” or “Website”: the website reachable at the URL www.naturalma-shop.com, owned by Naturalma s.r.l..
c) “Customer”: the natural person who concludes the contract for the purchase of one or more Products.
d) “Consumer” or “Consumer Customer”: the Customer (natural person) who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out.
e) “Professional” or “Professional Customer”: the Customer (natural or legal person) who acts in the exercise of their own entrepreneurial, commercial, craft or professional activity, or an intermediary thereof. Where the Customer intends to conclude the contract for the sale of Products by Naturalma acting as a Professional.
f) “Parties”: Naturalma and the Customer.
g) “Product”: each product made available for purchase through the electronic catalogue available on the Site, such as, by way of example and not limitation, food supplements, foods, cosmetic products, perfumes, make-up products, books, etc.. The catalogue is constantly updated and the availability of each product may vary without notice.
h) “Access credentials”: the “user name/e-mail address” and the “password” relating to each Customer’s account, required to access the reserved area of the Site and to conclude the Contract.
i) “Working days” and “working hours”: Monday to Friday, excluding national public holidays, with working hours from 9.30 to 12.30 and from 14.30 to 18.00.
j) “General Conditions”: these General Conditions of Sale, which govern the relationship between Naturalma and Consumer Customers.
k) “Contract”: consists of these General Conditions and the Order Confirmation. In the event of any discrepancy between the General Conditions and the Order Confirmation, the Order Confirmation shall prevail.
Art. 2. Parties to the contract
1. The parties to the contract are Naturalma and the Customer, whose personal data are indicated in the Order Confirmation sent by Naturalma: it forms an integral part of the Purchase Contract. Naturalma’s details are set out in Art. 1, paragraph 1, letter a, of these General Conditions.
2. The contract entered into between Naturalma and the Customer is subject, among other things, to the specific rules set out in Section II (“Pre-contractual information for consumers and right of withdrawal in distance contracts and contracts negotiated away from business premises”), Articles 49 to 59, as well as Section III (“Other consumer rights”), Articles 60 to 65, and Section IV (“General Provisions”), Articles 66 to 67, of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”).
Art. 3. Subject matter of the contract
1. These General Conditions of Sale for Customers (“General Conditions”) govern the purchase, by Customers, of the products in the electronic catalogue made available on the website www.naturalma-shop.com (“Site”).
2. These General Conditions also apply to contracts concluded with Professional customers. Where a Professional Customer concludes a sales contract with Naturalma, the rules protecting Consumer Customers shall in no case apply in their favour.
Art. 4. Purchase procedure and conclusion of the Contract
1. After registering on the Site, the Customer may purchase one or more Products in the Site’s electronic catalogue (illustrated and described in the relevant information sheets) by adding them to the “cart” and complying with the technical access procedures of the Site itself.
2. The publication of the Products shown on the Site constitutes an invitation to the Customer to make a contractual purchase proposal to Naturalma. Before the order is actually submitted, the Customer is shown a page summarising, among other things, the selected Products, their price and any shipping costs. The General Conditions and the privacy notice can be viewed, saved and printed before the order is submitted.
3. The order submitted by the Customer has the value of a contractual proposal and, by submitting such order, the Customer acknowledges that they have full knowledge of, and fully accept, these General Conditions. The Customer is invited to print and keep the order summary, shown after the order has been submitted through the Site. The “notes” field that may be present in the electronic order form may be used by the Customer only to enter operational instructions (e.g., the name on the doorbell) and shall not in any way bind any Party to the Contract, nor may it contain derogations from these General Conditions or from the contractual terms in general.
4. Naturalma has the right to accept or not accept, at its own discretion, the order submitted by the Customer, without the latter being able to assert any claims or rights whatsoever, on any grounds, in the event the order is not accepted. Any acceptance of the Customer’s proposal is confirmed by Naturalma by means of an order confirmation e-mail sent to the e-mail address provided by the Customer. The Purchase Contract entered into between Naturalma and the Customer is deemed concluded upon sending the order confirmation to the Customer, subject to the verification referred to in paragraph 5.
5. The Customer acknowledges that the order confirmation referred to in the preceding paragraph is sent following an automated check; if, when packing and shipping the Products, Naturalma should find any errors in the catalogue or in the order relating to the price and/or the characteristics and/or the availability of a Product, it will promptly notify the Customer so as to agree on the amendment or cancellation of the order.
6. The Customer, as a consumer, may exercise the right of withdrawal within the terms and conditions provided by law, in respect of which reference is made to Arts. 23 (“Right of withdrawal”) and 25 (“Cases of exclusion of the right of withdrawal”) of these General Conditions.
7. The Customer acknowledges that certain products on the site may: be packaged and/or customised for them; be liable to deteriorate or expire quickly; not be suitable for return for hygiene reasons or reasons related to health protection, if sealed and opened after delivery; by their nature, become inseparably mixed with other goods after delivery. Therefore, certain rights to which the Customer is entitled, including as a Consumer, may be limited (as, by way of example and not limitation, in accordance with Art. 25 “Cases of exclusion of the right of withdrawal”).
Art. 5. Description and visual representation of the goods
1. The visual representation of the products on the Site, where available, normally corresponds to the photographic image of the products themselves and/or of their packaging. Such representation has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of Naturalma as to the exact correspondence of the image shown on the Site with the actual product.
2. In the event of a difference between the image and the written product sheet, the description in the product sheet shall always prevail.
Art. 6. Availability of the Products
1. The Customer may purchase exclusively the goods in the catalogue published on the Site and in the quantities indicated therein. The prices and availability of the products, as shown on the Site, are subject to change at any time and without notice.
2. The Site highlights the products available for shipment. The Customer acknowledges that, owing to the possible simultaneous access to the Site by several users and the time elapsing between the loading of the web page and the addition to the cart, the actual availability of individual Products may vary significantly during the same day compared with the information shown on the Site. When the order proposal is submitted by the Customer, our staff will check the actual availability of the Products purchased and will notify the Customer of any subsequent unavailability of one or more Products. Naturalma undertakes to perform its obligations promptly and in any case in the manner and within the terms set out in Art. 14 of these General Conditions; if the delivery times of the ordered product are delayed compared with those indicated on the Site before the order, Naturalma undertakes to notify the Customer promptly by e-mail to the address provided by the Customer when purchasing the products. If, for any reason, it is not possible to deliver the purchased products in compliance with Art. 14 of these General Conditions, Naturalma reserves the right to notify the Customer of the cancellation of the order and to refund it if the Customer had already completed the payment.
Art. 7. Prices and delivery costs
1. The Customer will pay Naturalma the price shown on the order confirmation page. All prices of the Products are indicated on the Site and are inclusive of VAT. Where a Product is discounted, the discount percentage, the original or ordinary price and the final price are indicated. Where, in some cases, a product may show different prices in different sections of the site, the price of the product shall be understood to be the one visible on the detail page of the product itself.
2. Shipping costs are currently free for orders with a total amount equal to or greater than € 60 where the delivery address is located in Italy. For orders of less than € 60 and at the same time more than € 30, shipping costs amount to € 3.90; for orders of an amount equal to or less than € 30, shipping costs amount to € 4.90. To view the surcharged zones and the delivery costs abroad, please consult the page SHIPPING.
3. The amount of the delivery costs, where due, is indicated on the order summary page shown to the Customer before the order itself is submitted.
Art. 8. Shipping with delivery by appointment
1. The Customer may choose a shipping method other than the standard one by requesting the “Shipping with delivery by appointment” service. In this case, in addition to the cost of the goods purchased and the shipping cost calculated pursuant to Art. 7, the Customer shall pay a flat-rate fee of € 4.00. The Customer shall pay this amount even in cases where they are not required to pay shipping costs. In the case of shipments abroad, it is not possible to receive the products by delivery by appointment.
2. By purchasing this service, when the parcel has arrived at the local depot of the Shipping Company, the Customer will be contacted by one of its representatives to arrange the delivery. Delivery will be made on the following working day and at the time indicated by the Customer, within a 2-hour window.
3. The Customer is required to check that their contact details (address, telephone number, e-mail, etc.) entered on the Site are correct: if such data are incorrect, the Shipping Company will not be able to contact them.
4. Should the Consumer Customer exercise the right of withdrawal, the sum of € 4.00 referred to in paragraph 1 of this article will not be refunded by Naturalma.
Art. 9. Payments
1. Payments under the Purchase Contract may be made by cash on delivery, credit card, PayPal, or advance bank transfer, where delivery takes place in Italy. The Customer is required to choose the preferred payment method at the time the Purchase Contract is concluded.
2. For purchases from abroad, the accepted payment methods are credit card, PayPal and advance bank transfer.
3. All PayPal transactions are subject to the respective Privacy Policies.
Art. 10. Payment by cash on delivery
1. In the case of a purchase with payment by cash on delivery, payment must be made exclusively in cash, in Euro and for a maximum amount of € 1,999.99, to the courier making the delivery. The Customer must have the exact sum indicated in the Order Confirmation ready and acknowledges that the courier does not usually carry change. No other means of payment will be accepted in any case, such as, by way of example and not limitation, cashier’s cheques and bank cheques. Payment by cash on delivery does not involve any surcharge and is already included in the shipping costs. Payment by cash on delivery is permitted only for shipments within Italy.
2. In the event of non-payment by the Customer of the agreed price, for any reason or cause, or in the event of refusal of the shipment or failure to collect it, Naturalma will invite the Customer to settle the balance, without prejudice to any further action. Until the Customer has regularised their debt position with Naturalma, the latter reserves the right to cancel any subsequent deliveries of products, to terminate any Purchase Contracts in force and to block the purchase functions through the Site, without prejudice to compensation for any further damage.
Art. 11. Payment by credit card or PayPal
1. Where the Customer purchases the products with payment by credit card or PayPal, the purchaser’s credit card information will be transmitted and handled by a third party (“Intermediary”), through a secure connection directly to the website of the Intermediary that manages the transaction. The accepted card networks are indicated on the Site before the order is submitted.
2. The credit card payment procedure takes place using a secure connection, in which the Customer will find the indication of the order amount and must enter the type, number and expiry date of the credit card. Additional data or security codes may be requested in certain cases by the Intermediary (such as, by way of example and not limitation, for the MasterCard SecureCode and Verified by Visa security services). The indication of a telephone number at which the Customer can be contacted is always required.
3. In order to protect the customer’s security to the greatest extent, Naturalma never becomes aware of the credit card number, which is received only by the banking institutions that must provide the authorisation. Naturalma is only informed of the outcome of the transaction. In other words, no credit card data is transcribed on the documents relating to the order and/or stored by Naturalma.
4. Where the customer chooses the ‘Pay by saving a new credit card’ option, the credit card number (PAN, primary account number) is not saved in full and therefore compliance with PCI-DSS standards is not required.
5. Payment by credit card is reserved for users with a residential address in Italy.
Art. 12. Payment by advance bank transfer
1. In the case of a purchase with payment by bank transfer, in express derogation from Art. 14 of these General Conditions (“Shipping and delivery times”), the order will be processed after the sum has actually been received. The reference of the bank transfer must include the order number and the Customer’s personal details. The Customer must send a copy of the bank receipt by e-mail to info@naturalma-shop.com.
2. The bank transfer must be made by the Customer within 10 (ten) working days of the acceptance of the order by Naturalma, on pain of cancellation of the order itself.
3. The details for payment by bank transfer are as follows: Unicredit spa, branch Corso Mazzini 21 – Faenza (Ra); Account holder: Naturalma s.r.l., Via Antonio Zanolini 15/4, Bologna (Bo) - 40126.
CIN: R, ABI: 02008, CAB: 23710, Current account no.: 000101435855, IBAN: IT23R0200823710000101435855, BIC (SWIFT code): UNCRITM1PM0. The details for making the bank transfer are also contained in the order confirmation e-mail.
4. Any charges that the customer may have to pay to their own credit institution for making the bank transfer shall in no way be attributable to Naturalma. The customer is requested to find out beforehand from their own credit institution the costs they will have to bear for making this type of payment.
Art. 13. Transport documents and invoicing
1. For each Purchase Contract concluded through the Site, Naturalma will issue an invoice for the products that will be shipped only if expressly requested at the time of the order.
2. The information provided by the Customer when placing the order will be used for the possible issuing of the invoice. The Customer assumes all responsibility for the accuracy of the aforementioned information. No change to the invoice will be possible after it has been issued.
Art. 14. Shipping and delivery times
1. Naturalma will process the order normally within 24 hours (excluding weekends and public holidays) from the day it is received. In particular, orders received by 11:00 are indicatively processed in the afternoon of the same day, while those received after 11:00 are indicatively processed the following day. Upon processing the order, Naturalma entrusts the Products to its trusted courier or carrier for delivery to the address indicated by the Customer, as summarised in the order confirmation. Deliveries take place by ground transport indicatively within the following 24/48 hours (excluding weekends and public holidays).
2. If a problem occurs with the courier during transport and the parcel does not arrive at its destination within the indicative term referred to in paragraph 1, the Customer may promptly report it to Naturalma, which will attempt to resolve the matter within a reasonable period of time. Naturalma asks the Customer not to contact it before the aforementioned indicative term has elapsed, as it would not have the data necessary to take effective action with the courier in charge.
3. The processing and delivery terms referred to in paragraph 1 are indicative only and not guaranteed, by virtue of the many variables involved, with particular but not exclusive reference to the delivery stage by the courier. In compliance with the legislation in force, Naturalma undertakes to deliver the products to the consumer within 30 days from the date of conclusion of the contract. No liability, on any grounds, may be attributed by the Customer to Naturalma if the products are not delivered within the indicative term referred to in paragraph 1.
4. Delivery times refer to products in stock at the time of the purchase order. No liability may be attributed to Naturalma for delays in the delivery of the goods due to fortuitous events or force majeure, as well as in the event of strikes, weather events, particular public holidays, warehouse inventories, relocations, changes to information systems and other extraordinary events; these are capable of causing longer processing times for orders than the indicative ones, even in the order of several days.
5. In any case, if the delivery times of the ordered Product should be delayed compared with the delivery times indicated on the Site before the order, Naturalma undertakes to notify the Customer promptly by an e-mail message sent to the address indicated by the Customer.
Art. 15. Delivery of the products
1. All deliveries of the products will be at Naturalma’s risk until the moment the Customer or a third party designated by them physically takes possession of them.
2. The delivery terms indicated on the Site are given by way of indication. Naturalma undertakes to deliver the products to the consumer within 30 (thirty) days from the date of conclusion of the contract. No liability, on any grounds, may be attributed by the Customer to Naturalma if the products are not delivered within the terms indicated on the Site.
3. Unless otherwise notified to the Customer by Naturalma, delivery of the products is understood to be to street level.
4. In order to deliver the ordered products, the presence of the Customer or of a person authorised by them is required at the place indicated by the Customer, who will thus accept the parcel on their behalf. The courier’s delivery hours are usually between 8:30 and 19:00. In the absence of the Customer (or of a person authorised by them), the carrier will leave a notice with instructions to arrange a different delivery date.
5. If delivery does not take place for a reason attributable to the Customer (for example, due to their absence and/or their failure to contact the courier in accordance with paragraph 3), the Customer is required to pay the shipping costs incurred by Naturalma.
Art. 16. Checks upon delivery of the products
1. At the time of delivery of the products by the carrier appointed by Naturalma, the Customer is required to check that the number of packages delivered corresponds to that indicated on the transport document present on the packaging and that the packaging itself is intact, undamaged or otherwise unaltered, including the closing materials, checking with particular care for any signs indicating breakage of the goods sent.
2. On pain of forfeiture, any damage to the packaging and/or to the products and/or any mismatch in the number of packages and/or in the information must be immediately disputed by the Customer, who must declare in writing to the person in charge of delivering the products that they are accepted “subject to inspection” or indicating that they are “damaged”: failing this, no complaint will be accepted. The Customer also undertakes to report promptly, and in any case no later than 24 hours from the date of delivery, to Naturalma (by e-mail or registered letter with return receipt to the address referred to in Art. 1 of these General Conditions) any and all problems concerning the integrity, conformity and/or completeness of the products received, on pain of forfeiture.
Art. 17. Force majeure and acts of third parties
1. Naturalma is not liable in cases of force majeure, unavailability of means of transport, acts of third parties, or unforeseeable or unavoidable events that cause a delay in deliveries and/or make deliveries difficult or impossible or cause a significant increase in the delivery cost borne by Naturalma.
2. In the cases referred to in the preceding paragraph, Naturalma has the right to split, postpone or cancel, in whole or in part, the planned delivery or to terminate the Purchase Contract. In such cases, Naturalma undertakes to provide timely and adequate notice of its decisions to the e-mail address indicated by the Customer, who, in such case, is entitled to the refund of any price already paid, excluding any further claim, on any grounds, against Naturalma. In this regard, the Customer expressly waives any claim, even by way of mere reimbursement and/or indemnity, against Naturalma.
Art. 18. Custody and storage of the products
1. The products sold by Naturalma must be kept and stored by the Customer using the precautions and measures necessary for this purpose and relating to the nature of the products themselves.
2. Negligence and/or lack of skill in the storage of each product may damage it and compromise its qualities. Naturalma is not liable for any damage to the products sold resulting from erroneous and/or incorrect storage thereof, with express forfeiture of any warranty in respect of them.
Art. 19. Warranty
1. The Consumer Customer enjoys both the ordinary warranty provided for by the Civil Code, referred to in this article, and the warranty for any lack of conformity provided for by the Consumer Code, referred to in the following article.
2. Naturalma warrants that the Products are free from defects in materials and workmanship for a period of 12 (twelve) months from delivery, subject to the limitations set out in Art. 21 (“Exclusions and limitations of the warranty”).
3. During the warranty period, the Products and their accessories (if defective pursuant to the preceding paragraph) will be repaired or replaced by Naturalma free of charge for both spare parts and labour (where applicable). The downtime of the Products caused by repair periods does not extend the warranty period.
Art. 20. Additional legal warranty for the Consumer Customer
1. In addition to the warranty provided for defects of the thing sold under the provisions in force, for up to two (2) years from delivery of the Products, Naturalma is liable to Consumer Customers, pursuant to Arts. 130 and 132 of Legislative Decree 206/2005, for any lack of conformity of the products existing at the time of delivery. A lack of conformity is deemed to exist if: (i) the product is not fit for the purposes for which goods of the same type are normally used; or (ii) it does not conform to the description or does not possess the qualities of the sample or model that Naturalma may have shown; or (iii) it does not offer the quality and performance normal for goods of the same type which the Consumer can reasonably expect; or (iv) it is not fit for the particular purpose intended by the Consumer if brought to the seller’s attention at the time of purchase and accepted by Naturalma.
2. The Consumer Customer forfeits the rights granted to them by Art. 130, paragraph 2 of Legislative Decree 206/2005 if they do not report the lack of conformity to Naturalma within two (2) months from the date on which they discovered the defect.
3. Naturalma will make every diligent effort to replace, at its own care and expense, with other products of the same quality and grade available in its warehouses, those delivered Products that prove to be damaged or defective, provided that they have been returned by the Customer in the original packaging (complete with all the parts of which it is composed). If replacement with the same product is not possible, Naturalma will refund the Customer the amount paid for the defective product, excluding any further liability of Naturalma, on any grounds.
4. The cases of exclusion and limitation of the warranty are set out in Art. 21 (“Exclusions and limitations of the warranty”).
Art. 21. Exclusions and limitations of the warranty
1. The shipping costs for sending by the Customer to Naturalma for assistance will be entirely borne by the Customer, while those relating to the return will be entirely borne by Naturalma.
2. The warranty referred to in Arts. 16 (“Warranty”) and 17 (“Additional legal warranty for the Consumer Customer”) is excluded if the Customer has damaged the Products through their own wilful or negligent conduct, or in any case if, through their negligence and/or carelessness and/or for other reasons not attributable to Naturalma, 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 given in any manuals, and/or carried out or had carried out by personnel not authorised by Naturalma repairs, interventions or tampering, and/or failed to carry out the necessary maintenance, and/or stored them incorrectly. The warranty is also excluded if the defects and/or flaws and/or malfunctions result from a use of the Products other than that provided for 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.
3. If Naturalma finds that any flaws or defects in one or more of the Customer’s Products are attributable, directly or indirectly, to the Customer, the latter will be required to pay the verification costs incurred for this purpose and, notwithstanding paragraph 1 of this article, the out-of-pocket expenses for the related return; Naturalma, on its own initiative or at the Customer’s request, may also send the Customer a repair quotation (where applicable).
Art. 22. Manufacturer’s contractual warranty
1. Without prejudice to the statutory warranties, certain products enjoy, in addition to the statutory warranty provided for, a contractual warranty offered by the individual manufacturer to the purchaser. Naturalma, where possible or not excessively burdensome, mentions it in the sheet of each product. The conditions and terms of such warranties are defined by each manufacturer, who is a third party with respect to Naturalma.
Art. 23. Right of withdrawal
1. The Consumer Customer has the right to withdraw from the contract, without giving any reason, within 14 (fourteen) days. The withdrawal period expires 14 (fourteen) days after the day on which the Consumer Customer, or a third party other than the carrier and designated by them, acquires physical possession of the products.
2. In the case of a contract relating to multiple products ordered by the Consumer Customer in a single order and delivered separately, the withdrawal period expires 14 (fourteen) days after the day on which the Consumer Customer, or a third party other than the carrier and designated by them, acquires physical possession of the last product.
3. To exercise the right of withdrawal, the Consumer Customer is required to inform Naturalma at one of the contact details set out below: Naturalma s.r.l. with registered office at Via Antonio Zanolini 15/4, Bologna (Bo) - 40126, e-mail address: info@naturalma-shop.com, PEC: ecx@pec.it, telephone: 051/0040289.
4. The Consumer Customer must communicate their decision to withdraw from the contract entered into with Naturalma by means of an explicit statement, sending a letter by post or e-mail to the contact details referred to in the preceding paragraph. For this purpose, the Consumer Customer may freely choose to use the model withdrawal form attached to the Instructions on the right of withdrawal (click here), but it is not mandatory.
5. To comply with the withdrawal period, it is sufficient for the Consumer Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
6. Pursuant to Art. 54, paragraph 4, of the Consumer Code, the burden of proof regarding the exercise of the right of withdrawal lies with the Consumer Customer; it is therefore advisable that such communication be sent to Naturalma by registered letter with return receipt to the following address: Naturalma s.r.l., Via Antonio Zanolini 15/4, Bologna (Bo) - 40126, or by PEC to the address ecx@pec.it; or by any other means suitable to demonstrate with certainty the sending and the receipt of the communication by Naturalma.
Art. 24. Effects of withdrawal
1. If the Consumer Customer withdraws from the contract entered into with Naturalma, all payments they have made will be refunded to them, including delivery costs (with the exception of the supplementary costs resulting from their possible choice of a type of delivery other than the least expensive type of standard delivery offered by Naturalma), without undue delay and in any case no later than 14 (fourteen) days from the day on which Naturalma was informed of the Consumer Customer’s decision to withdraw from the contract.
2. Such refunds will be made using the same means of payment used by the Consumer Customer for the initial transaction, unless they have expressly agreed otherwise; in any case, the Consumer Customer shall not bear any cost as a consequence of such refund. The refund may be withheld until the goods have been received, or until the Consumer Customer has provided evidence of having sent the goods back, whichever is earlier.
3. The Consumer Customer must send the goods back or hand them over to Naturalma at the following address: Naturalma s.r.l. with registered office at Via Antonio Zanolini 15/4, Bologna (Bo) - 40126, without undue delay and in any case within 14 (fourteen) days from the day on which they communicated their withdrawal from the contract to Naturalma. The deadline is met if the Consumer Customer sends the goods back before the 14 (fourteen) day period has expired.
4. The direct costs of returning the goods shall be borne by the Consumer Customer.
5. The Consumer Customer is liable only for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Art. 25. Cases of exclusion of the right of withdrawal
1. The Consumer Customer may not exercise the right of withdrawal provided for in Art. 23 (“Right of withdrawal”) in the following cases: (a) where the goods are made to measure and/or clearly personalised; (b) where the goods are liable to deteriorate or expire quickly; (c) where sealed goods, opened after delivery, are not suitable for return for hygiene reasons or reasons related to health protection; (d) sealed food products once opened; (e) where the goods, after delivery, are by their nature inseparably mixed with other goods; (f) sealed audiovisual products or computer software, opened by the consumer; (g) newspapers, periodicals and magazines.
2. The Professional Customer may not in any case benefit from any right of withdrawal.
Art. 26. Access credentials
1. The Customer is required to keep the Access credentials with the utmost care, confidentiality and diligence, undertaking not to disclose them to others. They undertake to notify Naturalma immediately of any theft, misplacement or loss, total or partial, of the access credentials or of only a part of them, and in any case of their possible unauthorised use by third parties. The Customer will be liable for any damage caused to Naturalma and/or to third parties as a result of failure to comply with the above.
2. If 90 days have elapsed since registration on the Site without any purchases having been made, Naturalma reserves the right to delete Customer accounts, even without notice.
Art. 27. Exemption from liability for content entered by the Customer on the Site
1. Each Customer, after registering on the Site, may enter comments, reviews and opinions on the Products in the electronic catalogue. This feature may not be used for unlawful purposes or in breach of the legislation in force, such as, by way of example and not limitation, to engage in spamming or to post defamatory, slanderous or threatening content, content vilifying others, or content violating the privacy and personal dignity of others, etc.; it is also forbidden to post propaganda messages, advertising, or references to competing sites and companies. The publication of the aforementioned content is carried out free of charge by the Customer, who may delete reviews and opinions at any time by accessing the Site with their own credentials. The Customer acknowledges that any content posted on the Site may be deleted by Naturalma at any time, for example upon discontinuation of the sale of the reviewed Product or upon closure of the spaces dedicated to comments, reviews and opinions.
2. Naturalma has no obligation to monitor the activities carried out by each Customer on the Site pursuant to this article, as provided for by Legislative Decree no. 70/2003. Naturalma nevertheless reserves the right to remove any Customer-generated content if it is made aware, or otherwise becomes aware, of the pursuit of an unlawful purpose and/or of the breach of one or more of the prohibitions indicated above, and/or if an express request to that effect is made by a judicial or administrative body and/or by a third party who considers themselves harmed by the aforementioned content. In such cases, Naturalma will communicate the aforementioned measures to the Customer in any manner and will have the right to suspend or delete their account even without notice, without prejudice to any other action for recourse against the party responsible for the violations.
Art. 28. Amendments
1. Naturalma may amend the content of these General Conditions at any time and without notice.
2. Any amendments made will take effect from the date of publication on the Site, as stated in the heading of the General Conditions themselves.
3. In the event of amendments, unless otherwise expressly agreed between Naturalma and the Customer, the General Conditions in force at the time the contract was entered into shall remain applicable to contracts already concluded.
Art. 29. Slight negligence and limitation of liability
1. Naturalma is not liable for damages, including to third parties, that may be caused as a result of its own slight negligence.
2. In no case may the sums that may be owed by Naturalma on any grounds or for any reason exceed those paid by the Customer in performance of the Contract.
Art. 30. Intellectual property rights
1. All trademarks, as well as any work of authorship, distinctive sign or name, image, photograph, written or graphic text and, more generally, any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of Naturalma and/or its licensors, without any right over them arising for the Customer from access to the Site and/or from entering into Purchase Contracts.
Art. 31. Processing of personal data
1. Naturalma undertakes to comply with the legislation in force on the protection of personal data. The notice on the processing of personal data is made available on the Site and can in any case be viewed and stored at any time before the conclusion of the Contract.
Art. 32. Other provisions
1. All purchases of products and services made through the Site by the Customer who accesses it are governed by these General Conditions as well as by the other provisions and operating instructions contained in the Site. In the event of conflict between what is provided in the aforementioned provisions and operating instructions and what is contained in the General Conditions, the latter shall prevail.
Art. 33. Complaints and assistance
1. The Customer may make any complaints or request assistance regarding purchases made by contacting Naturalma s.r.l. by post at the address: Via Antonio Zanolini 15/4, Bologna (Bo) - 40126, by e-mail at the address info@naturalma-shop.com, by PEC at the address ecx@pec.it or in any case at the telephone numbers indicated in Art. 1, paragraph 1, letter a, of these General Conditions.
2. As provided for by Art. 22 of these General Conditions, certain products enjoy the manufacturer’s contractual warranty. In these cases Naturalma invites the Customer to contact the manufacturer directly, who is a third party with respect to Naturalma; if necessary, Naturalma remains available to the Customer to provide the manufacturer’s contact details already indicated in the warranty.
3. Complaints will be processed by Naturalma as quickly as possible; the Customer will receive a reply within 2 (two) working days of the report.
Art. 34. Applicable law, alternative dispute resolution, and competent court
1. The relationships arising from the Contract are governed by Italian Law.
2. Naturalma informs the Consumer Customer, pursuant to Art. 141-sexies, third paragraph, of the Consumer Code, that if it is not possible to resolve a dispute between the Consumer Customer and Naturalma following a complaint submitted directly by the Consumer Customer, Naturalma will inform them of the Alternative Dispute Resolution (ADR) bodies competent to resolve such disputes out of court, specifying whether or not it intends to avail itself of the aforementioned bodies to resolve the dispute itself.
3. Naturalma informs the Consumer Customer that, pursuant to Regulation (EU) no. 524/2013, a European ODR platform (the so-called ODR platform) has been established to facilitate the out-of-court resolution of disputes arising between consumers and professionals concerning contractual obligations deriving from online sales or service contracts between a consumer resident in the Union and a professional established in the Union. This ODR platform, which the Consumer Customer may use to resolve any disputes that may arise with Naturalma, can be accessed at the internet address http://ec.europa.eu/consumers/odr/.
4. Regardless of the outcome of any out-of-court dispute settlement procedure that may have been initiated, the right of the Consumer Customer to bring the matter before the Judicial Authority of their place of residence or domicile remains in any case unaffected.
5. Disputes with Consumer Customers resident outside Italian territory are referred to the jurisdiction of the Court of Bologna, as the court of the place where the Contract is performed.
6. For any dispute that may arise concerning the application, interpretation and performance of the Contract, the Court of Bologna shall have exclusive jurisdiction if the Contract is concluded with a Professional Customer, notwithstanding the breach, in such case, of Art. 3 of these General Conditions.
