www.morinibonsai.it is a website for the sale of Morini Bonsai products; this site also allows to have wider access to the information concerning MORINI BONSAI, to its initiatives, to its offers.
The Customer can only purchase the products in the electronic catalog as described in the relevant information sheets. It is understood that the image accompanying the description of a product may not be fully representative of its characteristics but may differ in color due to the different screen resolutions used for viewing
The documents on this site may contain inaccurate technical details and / or typing errors. Prices, terms, conditions and versions may be subject to change without prior notice.
MORINI BONSAI can not be held responsible for any damage deriving from access or use of the site's features.
MORINI BONSAI has no responsibility for the sites that can be accessed through the links on this site; these links are offered exclusively as an information service to users. MORINI BONSAI declares that it has not carried out any verification of the websites belonging to third parties and, therefore, does not offer any guarantee and assumes no responsibility for the contents, information, software, services and products offered, or for confidentiality rules adopted by them.
The content of the pages of the site www.morinibonsai.com and of the sites connected to it does not want to be offensive in any way towards things or people. If so, please let us know and we will remove the aforementioned contents or links as soon as possible.
MORINI BONSAI reserves the right to modify the contents of the entire website and of this Disclaimer at any time and without notice.
1.DEFINITION AND OBJECT OF THE CONTRACT
This contract (hereinafter "Contract") is a distance contract pursuant to art. 50 and ss. Of the D. Lgs. 6 September 2005, n. 206 ("Consumer Code"). The Contract deals with the sale of movable goods between Morini Bonsai (hereafter "Morini Bonsai") with registered office in Vigano San Martino (BG), Via Bergamo, 37 - VAT number 04063970166 and the consumer (the "Customer") .
Each purchase transaction will be governed by the provisions of Legislative Decree no. 185/99 and, as regards the protection of confidentiality, will be subject to the legislation referred to in Legislative Decree 30/06/2003 n. 196.
The Contract is concluded directly through the acceptance by Morini Bonsai of a purchase proposal issued by the Customer via the Internet or by telephone, on the website www.morinibonsai.it (the "Site") on the basis of the methods described to the following article 4. Any changes and / or additions to the General Conditions will be effective starting from the date on which they will be communicated to the public and will apply to sales made from that date.
The latest updated version of the General Conditions is that available on the Website.
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND COMMITMENTS OF THE CUSTOMER
The Customer, with the electronic submission of the confirmation of his purchase order, unconditionally accepts and undertakes to observe in his dealings with Morini Bonsai, the general conditions and payment transcribed below, declaring to have read and accepted all the indications provided to him in accordance with the aforementioned regulations, also acknowledging that Morinii Bonsai itself does not consider itself bound to conditions that are not even partially different unless previously agreed in writing.
These General Conditions of Sale must be examined online by Customers visiting the www.morinibonsai.it website before they confirm their purchases.
The submission of the order confirmation therefore implies full knowledge of the General Conditions of Sale and their full acceptance.
The Customer agrees and obliges, once the online purchase procedure is concluded,
the purchase process, in order to fully satisfy the conditions set out in to the Legislative Decree 6 September 2005, n. 206 ("Consumer Code").
The sales prices indicated on the site may be modified by Morinii Bonsai at any time and without prior notice.
The prices of products from time to time published, cancel and replace the previous ones and are subject to the effective availability of the products.
Delivery costs are indicated before confirming the purchase and in the Orders and Shipping section.
The sales prices on the Site and / or through any other remote sales systems of Morini Bonsai are, at the moment, exempt from VAT pursuant to the Tax Benefit Regulation pursuant to article 1, paragraph 54-89, law 190/2014
4. PURCHASE AND PAYMENT METHODS
www.morinibonsai.it is an online site that offers the possibility to purchase products for gardening, bonsai plants and related equipment.
The images of the products are indicative and not binding.
Purchases of the products, available as illustrated and described online in the relative descriptive and technical sheets, are carried out by the customer at the price indicated therein, to be confirmed at the time of sending the order confirmation, in addition to transport costs as specified on the site and in any case displayed at the time of purchase.
Before confirming the purchase to the Customer the unit cost of each chosen product will be summarized, the total cost in case of purchase of several products and the relative transport costs.
To place an order you must register and fill out the form that the customer will find in the section of their orders by following the instructions that will be indicated during the execution. It is possible to make purchases also as "guests", ie without registration.
The Order consists of the summary page, which can be accessed after pressing the "Confirm Order" button, which must be printed and stored.
Each order transmitted to Morini Bonsai constitutes a contractual proposal of the Customer and, therefore, is binding for Morini Bonsai only if confirmed by acceptance.
The evasion of the order by Morinii Bonsai is equivalent to confirmation and acceptance of the same.
All purchase orders transmitted to Morinii Bonsai must be complete in their entirety. Morini Bonsai reserves the right not to accept incomplete or incorrectly completed orders.
In case of failure to execute the order by Morini Bonsai, if the same is due to unavailability of products ordered by the customer, Morini Bonsai will inform the customer as soon as possible, reimbursing any sums already paid for the supply not performed . In this case the Customer is not entitled to any compensation or compensation of any kind.
The fiscal documentation relating to the products ordered will be issued by Morini Bonsai at the time of shipping the products to the customer.
Any special offers promoted by Morini Bonsai are valid until the expiration or until the stocks are exhausted and are, in any case, subject to the actual availability of the related products by Morini Bonsai.
The language in which it will be possible to make a purchase is Italian and english. The purchase proposal sent via the Site, represents the order of material and is to be considered confirmed.
It is possible to book the products of the shop subject to an advance payment of an amount equal to 15% of the total amount of the order as a deposit (regulated by Article 1385 of the Civil Code) and balance within 30 days from the date of order, under penalty of loss of the deposit paid which will be retained as compensation from Morini Bonsai.
The order must be paid within 48 hours, if we do not receive payment within this period the order will be automatically canceled.
Payment of the purchased products and the relative shipping costs must be made by the customer at the time of sending the order confirmation using the following methods:
Payment by "Postepay" rechargeable postal card ( only Italy)
It is possible to make the payment using the services offered by Poste Italiane, through the use of PostePay rechargeable card. Holder and number of the PostePay card to be recharged communicated on the order confirmation form.
The commissions due to Poste Italiane for the use of this service are charged to the Customer.
Payment by bank transfer:
Payments can be made by bank transfer, of which a copy must be sent by e-mail. We will not process the order until payment is received, ascertained and collected through the banking system.
Payment by bank transfer is subject to the following conditions:
the bank transfer must be made within 3 working days from the order, beyond that date the order will be considered void;
the reason for reporting on the bank transfer must indicate:
- the order number;
- the order date;
- the name and surname of the originator;
The bank details to make the transfer will be communicated to you on the order confirmation form.
PAYMENT BY CREDIT CARD / PAYPAL: IN CASE OF PURCHASE WITH PAYMENT METHOD OF PAYMENT CREDIT / PAYPAL, TRANSACTION WILL BE THROUGH THE SECURE PAYPAL.IN SERVER NO TIME OF THE PURCHASE PROCEDURE MORINI BONSAI IS ABLE TO KNOW THE INFORMATION RELATED TO THE PURCHASER'S CREDIT CARD, TRANSMITTED THROUGH PROTECTED CONNECTION DIRECTLY TO THE WEBSITE OF THE BANKING INSTITUTE THAT MANAGES THE TRANSACTION. MORINIBONSAI'S INFORMATION ARCHIVE WILL CONSERVE THESE DATA. IN NO EVENT SHALL MORINI BONSAI BE LIABLE FOR ANY FRAUDULENT USE OF CREDIT CARDS BY THIRD PARTIES, AT THE TIME OF PAYMENT OF PURCHASED PRODUCTS. THE COMMISSIONS DUE TO PAYPAL ARE TO BE CHARGED BY THE CUSTOMER.
5. PRODUCT DELIVERY
Morini Bonsai delivers the products to the address provided by the Customer within the days indicated on the Site. Each shipment contains the ordered goods and the invoice for the purchase. The deliveries of the products will take place during all working days. The plants are shipped only on the first days of the week to avoid stocks on weekends. Plants abroad are shipped on Monday (or Tuesday depending on the country of destination),pots and accessories on any working day. It is not possible to indicate times for delivery, there is no call from the Courier. The delivery of the products can be divided, without any liability.
The contribution for shipping costs is charged to the customer, and may vary depending on the carrier, weight and size of the items ordered.
Morini Bonsai is not responsible for shipments therefore any delays, disruptions, damage, or anything else must be reported directly to the carrier.
Special terms and conditions of delivery must be previously agreed between the Customer and Morini Bonsai. At the customer's request it is possible to insure the goods, this request must be specified in the order phase as it will result in a surcharge based on the insured amount, on the total order.
In case of absence of the recipient from the place intended for delivery, Morini Bonsai will not be liable for damages and additional costs resulting from the delay in delivery.In case the carrier could not make the delivery due to absence of the recipient or other reasons and the goods returned to Morini Bonsai, the customer will be contacted for clarification and if at that point the customer intends to renounce the order, Morini Bonsai will treat as compensation for 10% of the value of the goods.
Indicatively, without this implying any obligation for Morini Bonsai and subject to availability on the market of products in addition to any causes of force majeure, the goods will be delivered to the carrier as specified above for plants and with the following timing :
In case of immediate payment through the postal services "Postepay" (only for customers in Italy) and if all the required mandatory conditions are met, Morini Bonsai will entrust the delivery to the courier the first working day available from the receipt of the credit.
In case of payment by bank transfer, the shipment will be entrusted to the courier on the first working day available from the receipt of the credit.
In case of immediate payment via Paypal and if all the required mandatory conditions are met, Morini Bonsai will entrust delivery to the courier on the first working day available from receipt of the credit.
The products will be delivered in the following 3 working days in case of standard delivery with the exception of islands and disadvantaged areas, for which 5 working days are foreseen.
In case of force majeure or unforeseeable circumstances, Morini Bonsai is not liable to the Customer for the delay or non-execution of deliveries and has the right to suspend or delay the execution of the contract.
The products shipped are contained in cardboard boxes of different sizes, sealed in the upper and lower part with adhesive tape. In case of shipment of particularly voluminous or fragile plants or products or at the explicit request of the Customer, they may also be contained in appropriate reinforced and sealed wooden cages,with a surcharge on shipping.
IMPORTANT NOTE :
In the presence of obvious signs of damage to the packaging, we invite you to accept the material WITH RESERVE asking the Courier to add an annotation regarding the shipment.
The goods travel at the risk of the recipient, so we advise you to scrupulously check the arrival of the courier who:
-the number of packages is the same as indicated in the transport document
-the description on the packages corresponds to what is indicated in the transport document
-that the packaging is NOT INTACT, NOT ALTERED and perfectly SEALED
If you find any damage to the packaging or product, as well as the lack of packages and description of the same MUST IMMEDIATELY CONTEST the courier by ACCEPTING WITH SPECIFIC RESERVE to be reported with the appropriate wording "Control reserve for packaging not intact / damaged / missing pieces etc. specifying the reasons for this reservation on the delivery document.
By signing this document without affixing any reservation, it will NOT be possible to object to the external characteristics of what has been received.
In the event that the packaging appears outwardly intact, but the goods were to be damaged, any damage MUST be documented by sending digital photos, a written statement and signed by the recipient,
The refund by the courier for damage, loss, theft is provided only if the shipment has been insured (specific request of the customer when ordering as indicated in point 5 of Terms and Conditions)
6.AVAILABILITY OF PRODUCTS
Morini Bonsai accepts the Client's orders within the limits of the quantities of the requested products existing in the warehouse.
Therefore, the acceptance by Morini Bonsai of the purchase proposal submitted by the Customer is subject to the availability of the products in stock.
Morini Bonsai undertakes to promptly notify the Customer of any unforeseen stock exhaustion due to excess demand or other causes.
7. WARRANTIES, ASSISTANCE AND COMPLAINTS
Any complaint can be sent by e-mail to the following email address: email@example.com
For the products purchased by the Customer, the rules on guarantees and assistance regarding the sale of consumer goods are applicable to Morini Bonsai.
This guarantee will apply to the product that presents conformity defects not found at the time of purchase, provided that the product is used correctly and with due diligence, ie respecting its destination and as provided for in any technical documentation.
The aforementioned guarantee will not be applicable in case of negligence in the use of the product.
The guarantee is personal and will therefore apply only to the original purchaser, being reserved for direct customers and not for traders, dealers, etc.
Any product malfunction must be reported within ten (10) days of receipt of the goods. The written report must be attached by the customer when the defective product is returned.
The product, even if defective, to be replaced, must, at the time of reshipment, be complete with the packaging and all the accessories and any documentation received from the customer at the time of purchase. The return of the product without the original packaging, accessories and any documentation above prevents Morini Bonsai from replacing the product itself.
Morini Bonsai reserves the right to verify the actual presence of defects declared by the Customer and to perform the replacement only after this check. The request will be processed only if the following documents are present in the returned package: number and date of order, brief description of the defect found.
The products must be returned to the address that will be communicated upon request, after acceptance of the complaint.
8. CUSTOMER OBLIGATIONS
The Customer declares and guarantees under his own exclusive responsibility: (i) to be a consumer in accordance with the provisions of art. 3 of the Consumer Code; (ii) to be of age; (iii) that the data provided by the same for the execution of the Contract are correct and true.
9. ORDER CELLING
It is possible to cancel your order for any reason before the procedures for shipping the ordered products have started.
10.RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the contract, without any penalty and without specifying the reason, within 10 (ten) days of receipt of the products.
The Customer may exercise the right of withdrawal, within the aforementioned deadline, by means of a written notice at the Morini Bonsai office, to be sent by registered letter with acknowledgment of receipt or by telegram, e-mail , provided it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours.
The registered letter is considered sent in good time if delivered to the accepting post office within the deadline.
The customer who intends to make use of the right of withdrawal must return the products intact and unused and in their original packaging, or present the same characteristics, to the address indicated on the invoice, following the instructions contained therein, within 10 days from receipt of the products (the date of the postponement postmark is valid).
This right applies to all products contained in the Morini Bonsai site, with the exclusion of the "Plants (Bonsai)" products pursuant to paragraph 3. c) of the art. 5 of Legislative Decree 185/99 as it is a supply of goods that, by their nature, are likely to deteriorate or alter. Nevertheless, in case of complaints, please contact Morini Bonsai who will be available for any clarification deemed appropriate.
Also pursuant to the aforementioned Legislative Decree 185/99, it is specified that the right of withdrawal is exclusively reserved for customers that can be defined as "consumers", ie only to natural persons who purchase products for their own use and act for purposes not related to their professional activity. carried out, with the exclusion of traders, retailers, professionals, etc.
The costs of returning the products are charged to the customer. Morini Bonsai will return, within 15 days from the date of receipt of the products by the Customer: (i) the full price paid by the Customer, in case of return of the complete product of all its parts, or (ii) the part of the price equivalent to the product actually returned by the Customer. In the event that the goods have been sent free of charge to the customer, the part of the price relative to the shipment will be retained, quantifiable in 7% of the total amount paid.
Morini Bonsai will reject any product returned unpackaged or otherwise in ways other than those specified above, or the methods and timescales established by the Law (article 5 of the Legislative Decree 185/99) have not been respected for the communication of the exercise of the withdrawal; or in the hypothesis in which the product has not been packed with original envelopes, or is not complete with every accessory and all that was originally contained; therefore, parcels sent on delivery will not be collected under any circumstances, nor will parcels be collected without the NAR (return authorization number). The goods in question must be accompanied by the relevant tax documents.
In the event that a product returned because it is not defective in stock, Morini Bonsai will refund the amount paid according to the methods indicated by the customer.
Procedures for exercising the Right of Withdrawal
In application of the D.L. May 1999 n ° 185, the Customer can make use of the right of withdrawal of the purchase contract by sending within 10 (ten) working days a written communication by registered letter with acknowledgment of receipt that express the will to withdraw from the contract. The aforementioned communication must be addressed to Morini Bonsai specifying:
a) the code and the date of the order;
b) in case of partial withdrawal the code of the article or articles;
c) if the replacement of the product is desired with a similar value or the return of the sum paid; in the latter case, the details for reimbursement must be provided.
The registered letter with acknowledgment of receipt must be sent to address communicated on request by email to firstname.lastname@example.org
Morini Bonsai will inform the Customer, by e-mail, of the return authorization number (NAR), so that it can be affixed to the goods to facilitate their return operations.
To receive the return authorization number (NAR) as soon as possible and speed up the procedure, the communication can be made within the same term also by e-mail , provided it is confirmed by registered letter with acknowledgment of receipt within the next 2 working days.
After obtaining the return authorization number (NAR), the Customer must carefully pack the materials in their original packaging, close it well in order to protect the original wraps of the products from any damage, seal the package carefully, applying in a clear position and clearly visible a label with the address and the return authorization number (NAR).
The customer must send back everything within 10 (ten) working days from receipt of goods by mail to the following address: Morini Bonsai Via Bergamo, 37 - zip code 24060- Vigano San Martino (BG) - Italy
If the above procedure will be performed correctly, Morini Bonsai will proceed as soon as possible and in any case within 30 days from receipt of the notice of withdrawal to make the credit to the customer of the amount paid, excluding redemption reshipment costs (Article 5, paragraph 6) , Legislative Decree No. 185 of 22/05/1999), if it is a withdrawal.
11.BOOKING AN ITEM
IT IS POSSIBLE TO RESERVE AN ITEM PRESENT ON THE SITE FOR A NEXT PAYMENT OR WITHDRAWAL AT THE HEADQUARTERS. THE CUSTOMER SHOULD PAY AN AMOUNT EQUAL TO THE 15% OF THE TOTAL ORDER (INCLUDING ANY SHIPPING COSTS) ON THE TITLE OF CONFIRMATORY CHARGE (art.1385 code civil). THE ARTICLE OR ITEMS ORDERED WILL BE AT THIS POINT AS INDICATED ON THE WEBSITE AS BOOKED AND NO LONGER PURCHASED. THE ORDER SHALL BE WELDED WITHIN 30 DAYS FROM THE DATE OF THE ORDER, PENALTY LOSS OF THE PAYED DEPOSIT THAT WILL BE DEDUCTED BY MORINI BONSAI AS A COMPENSATION .
THE RESERVATION SERVICE (DEPOSIT AND BALANCE WITHIN A MONTH) PROVIDES PAYMENT WITH BANK TRANSFER ONLY.