Terms of sale

ARTICLE 1 - DEFINITIONS

In these general conditions of sale (the "General Conditions"), terms not otherwise defined will have the meaning attributed to them below:

  • "Client" means any person, whether or not he has completed the registration procedure, who browses the Site, including whoever acts as a Visitor Client or Registered Client, whether he is a Consumer Client or a Professional Client.
  • "Consumer Customer" means the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, as defined in article 3, lett. a), of the Consumer Code.
  • "Professional Client" means the natural or legal person who acts in the exercise of his business, commercial, craft or professional activity or his intermediary, as defined in article 3, lett. c), of the Consumer Code.
  • "Registered Customer" means the user who has successfully completed the registration procedure on the Site, who has chosen his / her nickname and password in order to access, among others, the special section reserved for Registered Customers. The Registered Customer has the right to browse the Site and use all the Services available on the Site from time to time.
  • "Visitor Customer" means the user who has the right to browse the Site, use the functions made available to all customers, without having to register on the Site and without being able, consequently, to use the Services.
  • "Consumer Code" means the Legislative Decree 6 September 2005, n. 206 and subsequent amendments.
  • "Content" means all information, videos, images, sounds, music, photographs, software, newsletters (containing useful information aimed at the use of the Service and therefore an integral part of it), animations, databases, design and contents, brands, logos, technical solutions adopted, graphic creations, look & feel, structure and any other part already built or to be built, whether registered or not, covered or not by copyright or legally protected, published on the Site or any other material (in any form) or service that is made available through the Site or by Prato Erboso Srl to Customers, including the information sheets relating to Products or Services, images or descriptions relating a Products or Services as well as trademarks or logos of third parties who are manufacturers or suppliers of the Products or Services.
  • "Contract" means, jointly, these General Conditions of Sale (including any document referred to in these General Conditions), any additional conditions published on the Site, the additional rules, directives, codes of conduct and / or instructions on the individual sheets Products or, in any case, published on the Site as well as any registration form or Purchase Order issued by the Customer and accepted by Prato Erboso Srl
  • “Business Day” means any calendar day with the exception of Saturdays, Sundays and public holidays.
  • "Prato Erboso Shop" means the online sales shop, published on the Site, called "Prato Erboso Shop" and managed by Prato Erboso Srl
  • "Purchase Order" means the order for the purchase of one or more Products and / or Services indicated on the Site as "available" issued by the Customer in accordance with the purchase procedure referred to in Article 4 below.
  • "Mixed Order" means the purchase proposal issued by the Customer, concerning two or more Products of which at least one is indicated in the relevant information sheet as "available", and at least another as "orderable after checking availability".
  • "Purchase Proposal" means the proposal concerning (i) the purchase of one or more Products and / or Services indicated on the Site as "orderable after checking availability" or (ii) a Mixed Order, sent by the Customer in accordance with purchase procedure referred to in article 4 below.
  • "Product" means any product offered for sale on the website www.pratoerboso.com. "Prato Erboso Shop Point of Sale" means the 'Prato Erboso Shop' sales point managed directly by Prato Erboso Srl, where a Customer can collect and pay for Products purchased / booked through the Site.
  • "Prato Erboso Shop Affiliated Point of Sale" means a "Prato Erboso Shop" affiliated point of sale in Prato Erboso Srl, meaning a point of sale not managed by Prato Erboso Srl but by third parties (as better identified in the "Affiliated Shops" section ), where a Customer can proceed with the withdrawal and payment of Products purchased / booked through the Site.
  • "Service" means any service made available on the Website www.pratoerboso.com, including - without limitation - the services provided by Prato Erboso Srl at the request of the Customer and connected to the sale of Products, such as - by way of example - the service of transport, the transport service to the floor, the installation service and the second-hand collection service (WEEE). Prato Erboso Srl is the sole shareholder company, subject to the management and coordination of International Retail Holdings Sarl with registered office in Ortanova, via Ponticello, 24F, share capital of Euro 3,000.00 (three thousand / 00) iv, registered in the Register of Companies of Foggia, registration number, Tax Code and VAT no. 00876320409 “Site” means the website www.pratoerboso.com.

ARTICLE 2 - SUBJECT

2.1 The Contract contains the terms and conditions governing: (1) the purchase and sale of Products as well as the provision of Services purchased by the Customer through the Site; and (2) the navigation on the Site by the Customer as well as the use of all the functionalities made available to the Customer through the Site. 2.2 Any purchase of Products or Services made by (A) a Customer, acting as a Consumer Customer , will be governed not only by the Contract, but also by the provisions of the Consumer Code and Legislative Decree no. 70/2003, as applicable; and (B) a Client, acting as a Professional Client, will be governed exclusively by this Agreement, as well as by the provisions of the Civil Code, for what is not provided for here.

ARTICLE 3 - REGISTRATION ON THE SITE AND ACCEPTANCE OF THE GENERAL CONDITIONS

3.1 The Customer who intends to act as a Registered Customer must complete the registration procedure on the Site by providing the requested information and personal data and indicate an e-mail address (or choose a "username", in the case of registration made before November 24, 2012) to log in and a "password", as requested in the specific section of the Site. Prato Erboso Srl. will send an e-mail confirming registration to the e-mail address provided by the Registered Customer in course of the registration procedure. 3.2 The Registered Customer is required to carefully read these General Conditions as well as, in general, the terms and conditions of the Contract which can be viewed and printed during the registration process also by accessing a pop-up or hypertext link; the Customer is required to accept these terms and conditions by clicking in the appropriate box marked with the words "I accept the terms and conditions of use". 3.3 The Customer expressly authorizes Prato Erboso Srl to send this Agreement, including the related General Conditions, any special conditions, as well as all communications relating to the execution to his / her e-mail address, also through specific links to the relevant pages of the Site. of this Agreement. The Customer acknowledges that this Agreement, including the related General Conditions, any special conditions and any related changes in force from time to time, may be printed on paper or downloaded by the Customer.

ARTICLE 4 - PURCHASE ORDER, CONCLUSION OF THE CONTRACT, ORDER STATUS

4.1 Methods of purchase by the Customer The Customer can purchase the Products and Services on the Site as described in the relevant information sheets. The information sheet of each Product indicates: - "available": it means that the Product is physically present in the central warehouse of Prato Erboso Srl The Customer can proceed with the purchase of a Product indicated in the relative information sheet as "available" by sending the relative Purchase order. - "orderable after checking availability": means that the Product is not physically present in the central warehouse of Prato Erboso Srl, but may be available at the warehouses of the Prato Erboso Shop points of sale. The Customer can proceed with the purchase of a Product indicated in the relative information sheet as "orderable after checking availability" by sending the relative Purchase Proposal, which is considered accepted only in the event of a positive outcome of the verification of the availability of the Product that Prato Erboso Srl communicates to the Customer via email within 3 working days of receipt of the Purchase Proposal. Further information that is clearly indicated in the information sheet includes the main characteristics of the Products and Services, the total price including taxes and shipping costs. The Agreement must be reviewed by the Customer before making any Purchase Order or any Proposed Purchase of Products or Services. Without prejudice to the provisions of the previous art. 3 in the case of Registered Customers, the sending of a Purchase Order or a Purchase Proposal by the Customer implies full knowledge and acceptance of these General Conditions as well as of the Contract in general. Purchase Orders and Purchase Proposals must be completed using the electronic form made available in the appropriate section of the Site, and must be sent through the Site itself, according to the methods indicated therein. The Purchase Order will be binding for Prato Erboso Srl only if the entire purchase procedure has been completed regularly and correctly, without any indication of error messages by the Site, as well as, in the event that the Customer has chosen home delivery, checks on the regularity of payments made by credit card and Paypal are carried out by Prato Erboso Shop within 48 hours of receiving the order made by the customer. Customer and more precisely: (i) the authorization to pay by the banking system, in case of payment by credit card or PayPal. The check on the regularity of payments made by credit card and Paypal is carried out by Prato Erboso Srl within 48 hours of receiving the order placed by the customer. The Purchase Proposal will be considered correctly sent by the Customer only if the entire procedure is completed regularly and correctly, without any indication of error messages by the Site. In any case, it remains understood that: (i) the Purchase Proposal it will be considered accepted by Prato Erboso Srl only in the event of a positive outcome of the verification of the availability of the Product indicated in the relative sheet with "orderable after checking availability"; (ii) the Purchase Proposal relating to the case of a Mixed Order will be considered accepted by Prato Erboso Srl only in the event of a positive outcome of the verification of the availability of those Products indicated in the relative form as "orderable after checking availability". In both cases Prato Erboso Srl will notify the Customer of the outcome of the availability check. In case of non-communication, it must be understood as non-acceptance of the purchase proposal which will therefore be canceled. Payment by both Paypal and Credit Card is immediate at the time of the conclusion of the order.

4.2.1 Confirmation of receipt of the Purchase Order After sending your Purchase Order, the Customer will receive an e-mail confirming receipt indicating the relevant identification number. In the event that the payment method chosen by the Customer is the debit on the credit card, at the time of the conclusion of the order the amount will not be charged, but only a block of the ceiling for the amount necessary for the purchase. The actual charge for the purchase of the product will occur at the time of shipment of the product (s). In the event that the payment method chosen by the Customer is the debit to the Paypal account, the amount for the purchase of the product will be charged at the time of the conclusion of the purchase. In the event that the Customer has chosen to collect the Products at a Prato Erboso Shop Point of Sale, within 7 days of receiving the aforementioned e-mail, Prato Erboso Srl will notify the Customer of the day on which he can go to the Point of Sale chosen for collection. of the Products and proceed with the payment with the payment methods available at the Point of Sale. In the event that, within 10 Business Days from the moment in which the Products are available at the Point of Sale, the Customer does not proceed with the collection of the Products, the order will be automatically canceled.

4.2.2 Confirmation of receipt of the Purchase Proposal and confirmation of acceptance of the Purchase Proposal After sending your Purchase Proposal (even if relating to a Mixed Order), the Customer will receive an e-mail with which it will be communicated to the Customer to have received the same Purchase Proposal, indicating its identification number. Within 3 days of receiving the aforementioned e-mail, Prato Erboso Srl will notify the Customer of the outcome of the availability check. It should be noted that in the case of a Mixed Order, until the positive outcome of the verification of the availability of the Products indicated in the relative information sheet with "orderable after checking availability", the entire Purchase Proposal will remain pending. Positive outcome of the availability check Upon successful verification of the availability of the Product, the Customer will receive an e-mail from Prato Erboso Srl with which the latter will communicate to the Customer that the Products are available and the Purchase Proposal has been accepted. In the event that the Customer has chosen to collect the Products at a Prato Erboso Shop Point of Sale, within 7 days of receiving the e-mail accepting the Purchase Proposal, Prato Erboso Srl will notify the Customer of the day on which he can go to the Point Sale chosen for the collection of the Products and proceed with the payment with the payment methods available at the Point of Sale. In the event that, within 10 Business Days from the moment in which the Products are available at the Point of Sale, the Customer does not proceed with the collection of the Products, the order will be automatically canceled. Negative outcome of the availability check If the verification of the availability of the Product is negative, the Customer will receive an e-mail from Prato Erboso Srl with which the latter will communicate to the Customer that the Products are not available and the Proposal for Purchase was not accepted. This e-mail will therefore indicate that the Purchase Proposal has been canceled. Only in the case of a Mixed Order, within 3 Working Days of making the Purchase Proposal, the Prato Erboso Srl call center will contact the Customer, who can choose whether to proceed with the purchase of the available Product (s). i, or cancel the Purchase Proposal. In the event that Prato Erboso Srl does not receive instructions on the matter within 5 Working Days of making the Purchase Proposal, Prato Erboso Srl will proceed to cancel the entire Purchase Proposal. In the event that the payment method chosen by the Customer is the debit on the credit card or Paypal, the amount will be reversed respectively on the two payment circuits within the times provided for by the same.

4.3 Conclusion of the Contract In the case of a Product indicated in the relevant information sheet as "available", the Contract must be considered concluded when the Customer receives the confirmation of receipt of the Purchase Order sent by e-mail. In the case of a Product indicated in the relevant information sheet as "orderable after checking availability", the Contract must be considered concluded when the Customer receives the confirmation of the positive outcome of the Product availability check and, after the positive verification of the regularity of the payment of the consideration by the Customer, of acceptance of the Purchase Proposal sent by e-mail. In the case of a Mixed Order, the Contract must be considered concluded upon receipt by the Customer of the confirmation of the positive outcome of the availability check of the products indicated with "orderable after checking availability" and, therefore, acceptance of the Purchase Proposal sent. by email. Without prejudice to all the foregoing, the Customer acknowledges and agrees that: (1) in the event that the Contract concluded as above provides for the delivery of the Product at home (at an address indicated by the Customer) or at a Prato Erboso Shop Point of Sale selected by Customer in the Purchase Order, the Contract itself will be considered concluded by the Customer with Prato Erboso S.rl., the latter, therefore, will act as seller of the purchased Product (as well as supplier of any Services purchased by the Customer); (2) on the contrary, in the event that the Contract concluded as above provides for the delivery of the purchased Product at an Affiliated Point of Sale selected by the Customer in the Purchase Order, the Contract itself will be considered concluded by the Customer directly with the Affiliated Point of Sale , which, therefore, will act as the seller of the purchased Product (as well as the supplier of any Services purchased by the Customer). In this last regard and for clarity, the Customer acknowledges and agrees that in the case of Contracts stipulated with Affiliated Points of Sale Prato Erboso Shop sub (2), Prato Erboso Srl will act, through the Site, as a mere agent with representation, to pursuant to art. 1704 and ss. Civil Code, of the Affiliated Store with which the Contract has been concluded from time to time by the Customer. As a result, any right, faculty, remedy or obligation deriving from these Contracts must be exercised, carried out or fulfilled, as appropriate, by the Customer directly against the Affiliated Store with which the Contract was concluded. The ownership of any Product purchased by a Customer pursuant to the Contract will be transferred to the Customer only upon full payment by the latter of the consideration due for the purchase of the Product itself. Consequently, Prato Erboso Srl will proceed with the delivery of the Product only and only once it has received full payment of the amount due from the Customer.

4.4 Updates regarding the status of the Order Prato Erboso Srl reserves the right to provide the Customer with updates regarding the status of execution of any contract concluded pursuant to the previous art. 4.3. (1) In the case of contracts that provide for the delivery of the Products purchased at home (at an address indicated by the Customer) Prato Erboso Srl will proceed to communicate the following statuses of the Purchase Order: - SHIPPED, meaning that all related Products to the Purchase Order have been sent to the address indicated. In the order details, you can check the waybill code for all orders and the related link that opens the carrier's website with delivery information. Status of shipment with Amati Status of shipment with Fast Est - PARTIALLY SHIPPED, meaning that, when the Purchase Proposal consists of several Product lines, at least 1 (one) of these Products has already been shipped (specifying which Product is been shipped); Prato Erboso Srl, in fact, can ship the Products from different warehouses and, therefore, at different times. (2) In the case of Purchase Orders which provide for the delivery of the Products at a Prato Erboso Shop or at an Affiliated Point of Sale, Prato Erboso Srl will proceed to notify the Customer when the Order is AVAILABLE FOR COLLECTION, by which it is understood that the Products relating to the Purchase Order concerned are available for collection at the Prato Erboso Shop or at the Affiliated Point of Sale.

ARTICLE 5 - PRODUCT CHARACTERISTICS

5.1 Products on offer Any purchase by the Customer of Products published in the appropriate "offer" section or expressly indicated as "in limited offer" (or synonyms) is subject to a daily purchase limit of only one item for each Customer per day. For some particular promotions, please refer to the relevant regulation on the site.

5.2 Prices The prices of the Products published on the Site include VAT while they do not include any costs for Services that may be requested by the Customer. Purchases of the Products, as illustrated and described on the online Site in the relative technical data sheets, as well as the Services are made by the Customer at the price in effect at the time of sending the Purchase Order or the Purchase Proposal, this price. the latter which will, in any case, be displayed on the Site as well as within the Purchase Order or the Purchase Proposal. Without prejudice to all the foregoing, Prato Erboso Srl reserves the right to modify at any time, at its sole discretion and without notice, the price of the Products and Services present on the Site from time to time, without providing any guarantee as to the the fact that the sale price of the Products or Services remains available on the Site or unchanged for a certain period of time. On the contrary and for clarity, any price in force at the time of receipt by Prato Erboso Srl of a Purchase Order or a Purchase Proposal, will remain firm and unchangeable between the parties.

5.3 Description of the Products The technical data sheets of the Products present on the Site (and, therefore, the description of the functions and characteristics of each Product) are drawn up directly by the manufacturer of each Product concerned. As a result, Prato Erboso Srl declines any and all responsibility for any errors in the technical data sheets and / or inaccuracies and / or for defects in correspondence between the descriptions of the Products and the actual functions and characteristics of the Products themselves; the images and photos used to accompany each Product description sheet are purely indicative and may not be perfectly representative of the characteristics of the Product itself, as this may differ in color, size or accessories not present in the image and in the photos used in support.

ARTICLE 6 - METHOD OF PAYMENT

6.1 Payment in case of collection at a Prato Erboso Shop Point of Sale The Customer who has chosen to collect the Products in one of the Prato Erboso Shop Points of Sale indicated on the Site, will be able to make the relative payment only at the Prato Erboso Shop Point of Sale selected through the means of payment made available by the same Prato Erboso Shop Point of Sale and may also collect the Products at different times (if the relative Purchase Order or the Purchase Proposal then accepted has as its object more Products or more copies of the same Product ).

6.2 Payment in case of collection at an Affiliated Point of Sale The Customer who has decided to purchase the Products from an Affiliated Point of Sale will be able to make the payment only at the selected Affiliated Point of Sale, at the time of collection of the Products, by means of payment available from the same Affiliated Store.

6.3 Payment in case of home delivery The Customer who has decided to receive the Product at home, can make the payment, alternatively, with (1) credit card, (2) PayPal, (3) Agos financing.

6.4 Payment methods (1) Credit card In the case of delivery of the Product at home, if the Customer has chosen to pay by credit card among those available and indicated online, at the time of forwarding the 'Purchase Order or Purchase Proposal, the Customer must enter the credentials of the credit card with which the payment will be made. The Barclays Bank PLC bank or other bank identified from time to time by Prato Erboso Srl (through the service called smart-pay) will automatically verify, at the time of the order, the operation of the card, sending an e-mail indicating the outcome of the transaction. Prato Erboso Srl does not send any email to the customer with the outcome of the transaction. The amount due is actually collected by Prato Erboso Srl at the time of shipment of the Product and, in any case, after the relative invoice is issued. In order for a Purchase Order or a Purchase Proposal to be confirmed (without prejudice to the procedure provided for in Article 4 above), the Customer must provide a reference telephone number where he can be contacted in order to allow Prato Erboso Srl any checks necessary for the security of the transaction; failing that, Prato Erboso Srl reserves the right not to accept the Purchase Order or the Purchase Proposal. At no time during the payment procedure, Prato Erboso Srl is able to know information relating to the credit card, credit card number or financial, property and personal information of the customer. The payment order is, in fact, transmitted - via a secure connection - directly to the portal of the Barclays Bank PLC or financial company expressly indicated, at the time of the Client's confirmation. Prato Erboso Srl is in no case responsible and can be held responsible for any fraudulent or illegal use of credit cards that may be made by third parties during the purchase and payment procedure for the products. Prato Erboso Srl reserves the right not to accept Purchase Orders or Purchase Proposals or to suspend the execution of already concluded Contracts in the event of anomalies or irregularities in payment. In this case Prato Erboso Srl reserves the right to request additional information from the Customer and / or to send copies of documents proving ownership of the credit card used for the purchase. In the absence of the required documentation, Prato Erboso Srl reserves the right not to accept the Purchase Order or the Purchase Proposal or to terminate any Contract already concluded, without giving the Customer any right to request compensation for damages. or to assert other claims. (2) PayPal In the case of home delivery of the Product, if the Customer has chosen to purchase through the PayPal payment method, at the end of the order, the Customer is directed to the PayPal login page. The amount due by the Customer in relation to each Purchase Order or each Purchase Proposal is debited from the PayPal account upon shipment of the Product and, in any case, after the issuance of the relative invoice. For each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail from PayPal. Prato Erboso Srl reserves the right not to accept Purchase Orders or Purchase Proposals or to suspend the execution of already concluded Contracts if PayPal reports anomalies or irregularities in the payment. In this case Prato Erboso Srl reserves the right to request additional information from the Customer and / or to send copies of documents proving ownership of the credit card used for the purchase. In the absence of the required documentation, Prato Erboso Srl reserves the right not to accept the Purchase Order or the Purchase Proposal or to terminate any Contract already concluded, without giving the Customer any right to request compensation for damages. or to assert other claims. (3) Agos financing In the case of home delivery of the Product, if the Customer has chosen to purchase through the installment payment method, at the end of the order, the Customer is transferred to the Agos Ducato site where he can select the installment, download the pre-contractual documentation, fill out the loan application form online and follow the instructions to forward the documentation to Agos Ducato. The Customer will receive the updates of the non-binding loan request via e-mail. Once all the documentation has been received, Agos Ducato will issue final approval by sending a confirmation e-mail. SGM will process the order only after final approval. The approval of the loan is subject to the discretionary assessment of Agos Ducato, whose work - also with regard to the timing of the approval process - SGM is not liable towards the Customer. Following the definitive approval of the loan by Agos Ducato, the installments of the purchase price are charged to the Customer with the timing and methods indicated in the loan agreement concluded between the Customer and Agos Ducato. In the event of non-approval of the loan by Agos Ducato, the Customer's order is considered to have lapsed. The Customer also has the right to submit a new order by opting for one of the additional payment methods provided for in these general conditions of sale. 6.5 Payment security In the case of payments made online, the data provided by the Customer are transmitted in a secure manner that prevents others from reading. The Site is certified by the company Thawte Consulting (as it can be verified by the Customer through the certificate that will appear by clicking on the image of the closed padlock visible in the lower bar of the browser). In addition to the foregoing, the application software used to manage the www.pratoerboso.com site is the SSL (Secure Socket Layer) protocol, to encrypt data sent over the Internet and VerifiedByVISA and SecureCard for security in Transactions. To be sure you have a secure connection you need to use a browser such as Internet Explorer (5.x and later), Netscape Navigator (4.x and later), Mozilla Firefox (1.x and later), Opera, Safari or Chrome capable of transmit encrypted data with the Prato Erboso Srl server To find out if you are in a secure connection, just check that there is the prefix "https" instead of "http" in the page address, and that the padlock image is visible in the bottom bar of the browser is "closed". In addition, please note that the credit card data are transmitted to the server of the Barclays Bank PLC bank only after the confirmation click by the Customer (for the purposes of this document, it is important to underline that not even Prato Erboso Srl has the possibility to view such data). Until that moment the data remain stored exclusively on the Client's computer.

ARTICLE 7 - DELIVERY OF PRODUCTS

7.1 In general Prato Erboso Srl delivers the Products exclusively on the Italian territory. The Customer (both Registered Customer and Visitor Customer) who is not resident in Italy must, however, specify in the Purchase Order or in the Purchase Proposal a place of delivery of the Products in the Italian territory. The purchased products will be delivered: - to the address indicated by the Customer in the Purchase Order or in the Purchase Proposal; - at the Prato Erboso Shop Point of Sale selected by the Customer in the Purchase Order or in the Purchase Proposal; - at the Affiliated Point of Sale under the "Prato Erboso Shop" brand selected by the Customer in the Purchase Order or in the Purchase Proposal; 7.2 Home delivery or collection at a Prato Erboso Shop point of sale Delivery times and storage The Products indicated as "available" will be delivered to your home (or made available at the Prato Erboso Shop point of sale selected by the Customer in the Purchase Order) within the indicative and non-binding term indicated in the relative product sheet and in the e-mail confirming the Purchase Order and in any case no later than 10 (ten) Working Days from sending the e-mail confirming receipt of the Order of Purchase referred to in the previous art. 4.2.1. As a partial exception to the foregoing, in the case of home delivery, if the Customer, together with the purchase of Products, has also requested the provision of installation and collection services for used items (WEEE), the Products will be delivered within 15 (fifteen ) Working days from the sending of the e-mail confirming receipt of the Purchase Order referred to in the previous art. 4.2.1. For the Products indicated as "orderable after checking availability", and in the case of a Mixed Order, the approximate home delivery time or the time from which the Products are available at the Prato Erboso Shop Point of Sale, will be indicated in the e-mail confirming acceptance of the Purchase Proposal, after Prato Erboso Srl has verified the availability of those Products indicated as "available after checking availability". In any case, pursuant to art. 61, paragraph 1 of the Consumer Code, Prato Erboso Srl carries out the delivery no later than thirty days from the day following that in which the Customer sent the Purchase Order to Prato Erboso Srl. Products are not delivered within the peremptory terms indicated in the preceding paragraphs, Prato Erboso Srl will contact the Customer, within 2 (two) Business Days, providing information on the status of the shipment, without prejudice to the right to obtain a refund from the Customer and the additional rights provided for by art. 61, paragraphs 3-7 of the Consumer Code. In the event of the purchase of multiple products of different types, Prato Erboso Srl reserves the right to deliver the individual products with different times and deliveries. This choice by Prato Erboso Srl will not entail any increase in costs for the customer. The Customer is required to verify, upon receipt of the ordered Products: (a) if the number of packages delivered corresponds to that indicated on the transport document; (b) if the packaging is intact; (c) if the Product delivered to him complies with the Purchase Order or the Purchase Proposal made. The Customer must sign the delivery note indicating "subject to control over the integrity of the products"; if this does not happen, the Customer will not be able to contest, subsequently, the external non-conformity of the Product and its quantity with respect to what was ordered. In case of collection of the Product at a Prato Erboso Shop Point of Sale, Prato Erboso Srl will communicate, by e-mail, to the Customer the date from which the Product can be collected at the same chosen Prato Erboso Shop Point of Sale. The Product will remain in stock at the Prato Erboso Shop chosen by the Customer and so for 10 (ten) Business Days from the date on which the Product is available as above. After this last term, Prato Erboso Srl will have the right to declare the relative Contract terminated and ineffective and, in this case, Prato Erboso Srl will have the right to re-sell the Product. The Customer will not receive any email at the end of the 10 (ten) working days in which the product is kept aside. Home delivery For home deliveries, the Customer can choose some Services for each single order line and, in particular: (a) the installation service of the purchased Product; (b) Collection of used items (WEEE). For the sole purpose of clarity, this service is free. The second-hand collection service will be contextual to the delivery and possible installation (if required). If these Services are purchased, they must be carried out by authorized installers and, therefore, delivery times may be longer; Prato Erboso Srl foresees that, in this case, deliveries can be made within 15 (fifteen) Business Days from the sending of the e-mail of acceptance of the Purchase Order. In case of home delivery, the Customer can choose the following additional paid services as indicated in the cart: - Delivery on Saturday morning; - Delivery by 12 noon on the day following receipt of the Purchase Order acceptance e-mail; - Delivery by telephone appointment; - Delivery to the floor. Fidelity Card Prato Erboso Shop Club The Prato Erboso Shop Club Card is the loyalty card of the Prato Erboso Shop brand that allows you to accumulate points and benefit from discounts, promotions and benefits at all points of sale participating in the Prato Erboso Shop Club program. request it at all points of sale participating in the program through the totems available in the store or by filling out the registration form at the service center. Alternatively, you can also do it independently online on the unieuroclub.it website. You can use the points for your purchases at participating stores: simply present the card at the cash desk before payment and you will get your immediate discount. You can also use them for your online purchases on unieuro.it by associating the card with your profile and requesting the unloading of points before closing the cart. Invoice The invoice relating to purchases of Products (and related Services), delivered at home, can be downloaded by the Registered Customer directly online in the Customer's card. The Guest Customer can download the invoice by entering the order number and his / her e-mail address in the appropriate section called 'order status'. As regards, instead, the Products collected at a Prato Erboso Shop Point of Sale, the invoice will be delivered directly to the customer at the same Prato Erboso Shop point of sale. No change in the invoice will be possible after its issue. For orders involving several Products, separate invoices may be issued based on the shipments actually made. In any case, invoices will be issued by Prato Erboso Srl at the time of shipment of the products. Shipping costs Shipping. An amount must be added to the price of the Product purchased by the Customer for which home delivery is requested. This amount is calculated automatically by the Prato Erboso Srl system, having regard, among others, to the weight and size of the Products, but without distinction related to the place of delivery in the Italian territory. This amount will be indicated in the Purchase Order and in the Purchase Proposal before it is sent by the Customer. Collection at Prato Erboso Shop. Otherwise, in case of collection of the Products at a Prato Erboso Shop, no transport costs will be added. 7.3 Delivery to a Prato Erboso Shop Affiliated Point of Sale The Products purchased / booked on the Site can also be collected by the Customer at one of the Affiliated Points of Sale under the "Prato Erboso Shop" sign, not managed directly by Prato Erboso Srl but affiliated with the latter. and better listed in the "Points of Sale" section, where there is the possibility to subdivide and filter the affiliated points of sale. In this case and in compliance with the provisions of the previous art. 4.3, the Contract for the purchase of the Product will be considered executed by the Customer not with Prato Erboso Srl but directly with the Affiliated Sales Point from which the Product must be collected. Said Affiliated Point of Sale Prato Erboso Shop will be considered as the seller of the same Product, for all legal and contractual purposes, including - by way of example only - in relation to the legal guarantee of conformity (also pursuant to articles 128 et seq. Of the Consumer Code) as well as for technical assistance and for everything related to the execution of the relevant sales contract. In case of collection of a Product at a Prato Erboso Shop Affiliated Point of Sale, the Customer owner of Prato Erboso Shop Club will be able to accumulate and spend the points accumulated with the same loyalty card at the point of sale for collection of the Product only if the same is between those adhering to the initiative; the points accrued with the purchase of each Product will in any case be credited to the Prato Erboso Shop Club automatically, and the Customer can check the crediting of the points online at the 'Prato Erboso Shop Club' section. Invoice The invoice will be delivered directly to the Prato Erboso Shop Affiliated Point of Sale; in this case, the invoice will be issued directly by the Prato Erboso Shop Affiliated Point of Sale where the Product is collected. Additional costs In case of collection of the Products at a Prato Erboso Shop Affiliated Point of Sale, no transport costs will be added. Collection Not all the Products of the assortment present on the website www.pratoerboso.com may be available for collection at an Affiliated Prato Erboso Shop. 7.4 WEEE collection For information on WEEE collection at the time of purchase of a Product, please refer to the special WEEE section which can be consulted at the eco-contribution-raee link in the constantly updated version 7.5 Unavailability of a Product In case of unavailability of a Product indicated as "available", and for which the Customer has made payment at the time of the Purchase Order, Prato Erboso Srl will inform the Customer via email within 3 working days of receipt of the Purchase Order, to refund the amount paid by the same payment method used for the purchase within the same deadline, informing the Customer of the timing normally required for re-credit. Prato Erboso Srl will also send a 10% discount coupon that can be used for any Product that can be purchased on the Site, without prejudice to the greater damage suffered by the Customer. The same procedure applies to Purchase Proposals, even if referring to Mixed Orders, for which the Customer has made payment once the confirmation of availability from Prato Erboso Srl has been received in the event that one or more Products are subject to of the Purchase Proposal are unavailable. In the event of non-availability of a Product indicated as "available" for which the Customer has chosen to be picked up in the store, Prato Erboso Srl will inform the Customer via email within 3 Working Days of receipt of the Purchase Order and send a 10% discount coupon that can be used for any Product that can be purchased on the Site. The same procedure applies to Purchase Proposals, even if related to Mixed Orders, for which the Customer has not made payment once the confirmation of availability from Prato Erboso Srl has been received, in the event that one or more Products covered by the Purchase Proposal are subsequently unavailable.

ARTICLE 8 - LEGAL GUARANTEE OF CONFORMITY

All Products purchased through the website www.pratoerboso.com enjoy the legal guarantee of conformity pursuant to the Consumer Code and the Civil Code, as applicable. Professional Customer For each Product purchased by a Professional Customer (i.e. a natural or legal person acting in the exercise of his business, commercial, craft or professional activity, or an intermediary of his), the latter will benefit from the guarantee for defects in the thing sold. referred to in art. 1490 and ss. cc; the action of the Professional Customer aimed at enforcing the warranty for defects is prescribed after 1 (one) year from the delivery of the purchased Product and the relative defects must be reported within the terms set out in art. 1495 cc Consumer Customer For each Product purchased by a Consumer Customer, the latter will benefit free of charge from the legal guarantee of conformity ("Legal Guarantee") provided for in articles 128 et seq. of the Consumer Code. The legal guarantee payable by the seller applies to defects of conformity that occur within 24 months from the date of delivery of the Product and that are reported by the consumer within 2 months from the date of discovery of the defects themselves, in accordance with art. . 132 of the Consumer Code. It should be noted that a lack of conformity exists when one of the following situations occurs: (i) the product is not suitable for the use to which it must normally be used; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performances of an asset of the same type; (iv) it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller. The Consumer Customer will in any case remain the owner of the rights deriving from the Legal Guarantee described above, regardless of the signing of other conventional guarantees, free or paid. Remedies available to the Consumer Customer In the event of a lack of conformity, the Consumer Customer may request, at his choice, the repair of the Product or its replacement, unless the requested remedy is objectively impossible or excessively burdensome compared to the other. according to the provisions of art. 130 paragraph 4 of the Consumer Code. In particular, a remedy is to be considered excessively burdensome if it imposes unreasonable expenses on the seller compared to the other, taking into account: (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer Customer. Prato Erboso Srl, in order to provide a high-level and absolutely transparent after-sales service, undertakes, on a voluntary basis, to have the defective Product carried out or replaced within 40 (forty) days from the request for assistance in warranty. Alternatively, the Consumer Customer may request, at his choice, an appropriate reduction in the price or the termination of the contract, if one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) Prato Erboso Srl has not repaired or replaced the Product within the term of 40 (forty) days; (iii) the replacement or repair previously carried out has caused significant inconveniences. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract. After Prato Erboso Srl has received the complaint of the lack of conformity, it reserves the right to offer the Consumer Customer any other remedies available, with the following effects: (i) if the Consumer Customer has already requested a specific remedy, Prato Erboso Srl will remain obliged to implement it, with the necessary consequences in relation to the expiry of the term of 40 (forty) days referred to above, unless the Consumer Customer accepts the alternative remedy proposed; (ii) if the Consumer Customer has not already requested a specific remedy, he will have to accept the proposal or reject it by choosing another of the remedies provided by law. Cases of exclusion of the Legal Guarantee The Consumer Customer will not have the right to repair, replace, reduce the price or terminate the Contract in relation to any Product or any component identified as defective if, unless otherwise provided and in compliance with the applicable law: (i) the Products have been repaired or altered by people other than the manufacturer, Prato Erboso Srl or any other authorized person; and / or (ii) the lack of conformity of the Product or Products has appeared beyond the term of 2 (two) years from the delivery of the Product itself and / or the related request for repair or replacement of the defective Product or of the defective Products is sent after 2 (two) months from the discovery of the defect; and / or (iii) the defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation, performed by persons other than the manufacturer, Prato Erboso Srl or any other authorized person - or non-compliance the instructions provided by the manufacturer or other instructions provided by Prato Erboso Srl together with the delivered Products; and / or (iv) at the time of conclusion of the Contract, the Consumer Customer was aware of the defect and could not ignore it with ordinary diligence; and / or (v) the lack of conformity derives from instructions or materials provided by the Consumer Customer. Operating procedures for enforcing the Legal Guarantee The Legal Guarantee must be enforced directly against Prato Erboso Srl, if the latter acts as a seller of the defective Products, and precisely in the case of the sale of Products for which the relative Contract provides for the delivery of the Product at home (at an address indicated by the Customer), at the carrier's warehouse, or at a Prato Erboso Shop Point of Sale selected by the Customer in the Purchase Order; on the contrary, in the case of the sale of Products for which the relative Contract provides for the delivery of the Product to a Prato Erboso Shop Affiliated Point of Sale selected by the Customer in the Purchase Order, this guarantee must be enforced directly against the same Point of Sale. Affiliate, who, in this case, will act as the seller of the defective Products. The Legal Guarantee can be enforced: (i) At the point of sale. The Customer - with the Product and the documentation that proves the purchase - can go directly to the Prato Erboso Shop Points of Sale or to the Affiliated Prato Erboso Shop Point of Sale where the defective Products have been delivered and contact the staff in charge , who will be available to provide all the necessary assistance in relation to this case. The staff of the aforementioned points of sale will take charge of the Product of which the Customer complains of a lack of conformity and will deliver the "repair sheet", a document that certifies taking charge of the Product and contains all the indications and references about the procedure to be followed in order to benefit from the legal guarantee, if the conditions exist. (ii) By telephone or by e-mail. Alternatively, the Customer can contact the store by telephone, or contact Customer Service at 02-61317291 or send their request by filling out the form at the following address. The staff will provide the Customer with the necessary information regarding the conditions and procedures for the use of the Legal Guarantee. Prato Erboso Srl or the Affiliated Point of Sale Prato Erboso Shop, as appropriate, generally makes use of specialized technical assistance centers for repairs on the Products it sells or for the evaluation of the conditions for their replacement under warranty, without prejudice to the responsibility of the person acting as seller of the defective Product, who will always remain directly responsible for the provision of the Legal Guarantee. If the Product of which a lack of conformity is complained is bulky or difficult to transport (eg "white" appliances such as washing machines, dishwashers, etc.) and if the customer does not return the Product to the point of sale, Prato Erboso Srl will proceed directly to provide the necessary technical assistance and will provide the Customer with the references and contacts of the technical assistance operators.

ARTICLE 9 - RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER

1. Pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract, without any penalty and without specifying the reason, within fourteen days of receipt of the Product without giving any reasons. In the case of separate delivery of several goods, ordered by the Consumer Customer with a single order, the term of fourteen days for exercising the right of withdrawal starts from the day on which the last good is delivered. 2.The Consumer Customer must communicate the will to withdraw from the contract in one of the following ways: Sending the standard form compliant with all. B of Legislative Decree 21/2014 available at this link in pdf version, by registered letter with acknowledgment of receipt at the address: Prato Erboso Srl Via Ponticello, 24F 71045 - Ortanova (FG). To the Customer Care Office or by fax to 0885/787420. Sending any other explicit declaration of the decision to withdraw from the Contract by registered letter with acknowledgment of receipt to the address: Prato Erboso Srl Via Ponticello, 24F 71045 - Ortanova (FG). To the Customer Care Office or by fax to 0885 787420. By filling out the form in the customer service section. 3. Prato Erboso Srl immediately communicates to the Consumer Customer a confirmation of receipt, via e-mail to the e-mail address communicated during the purchase procedure on the Site, of the withdrawal exercised. 4. In compliance with the provisions of article 59, lett. c) and d) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for products made to measure or clearly personalized or which risk deteriorating or expiring rapidly. 5. The right of withdrawal does not apply to audiovisual products and computer software products originally sealed and opened by the consumer, nor to sealed goods that are not suitable for return for hygienic reasons or related to health protection that have been opened after delivery. Regarding the state of the assets, they must be in a normal state of conservation. The consumer is only liable for the decrease in value resulting from handling other than "normal" and necessary to verify the nature, characteristics and functioning of the goods. 6. The Products for which the right of withdrawal is exercised must be returned within fourteen days from the day on which the Consumer Customer communicated the exercise of the right of withdrawal, substantially intact, in their original packaging, complete with accessories and any manuals , without any lack. It should be noted that if the Product has been collected in a Prato Erboso Shop Point of Sale, the Product must be returned directly to the same Prato Erboso Shop Point of Sale. Therefore, in this case, please go to our store concerned and contact the staff, who will be at your disposal. Similarly, if the Product has been collected in a Prato Erboso Shop Affiliated Point of Sale, the Product must be returned directly to the same Prato Erboso Shop Affiliated Point of Sale. If, on the other hand, the Product was purchased on the Site, the Product must be delivered to the following address: Prato Erboso Srl, via Ponticello, 24 71045 Ortanova (FG) 7. The only costs payable by the Consumer Customer for exercising the right of withdrawal are the direct costs of returning the goods, as required by article 57, paragraph 1, of the Consumer Code. 8. Once the request for withdrawal has been received, Prato Erboso Srl will refund the entire amount paid by the Consumer Customer within fourteen days from the date on which the Consumer Customer has exercised the right of withdrawal, by crediting the current account used. at the time of purchase, or using the bank details provided by the Consumer Customer with the notice of withdrawal and in any case using the same payment method used by the Consumer Customer at the time of purchase. Prato Erboso Srl reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal, or until the Consumer Customer has demonstrated that he has returned the goods, depending on which situation occurs first. 9. If, on the other hand, the methods, conditions and terms for exercising the right of withdrawal are not respected, as specified in this article, the Consumer Customer will not be entitled to a refund of the sums already paid. In this case, the Consumer Customer will be able to get back, at his own expense, the Product in the state in which it was returned to Prato Erboso Srl.Otherwise, Prato Erboso Srl (or the Affiliated Point of Sale, as the case may be) may retain the Products returned, in addition to all the sums already paid by the Consumer Customer for the relative purchase. Shipping and transport costs are charged to the customer. Exclusion of the right of withdrawal The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to Contracts concluded with Professional Clients.

ARTICLE 10 - SECURITY

The Registered Customer is responsible for the conservation and appropriate use of all e-mails, user names, nicknames and passwords used to connect to the Site and must take all necessary measures to ensure that they are used properly and that user names and passwords are kept secret and not disclosed to any unauthorized person. The Registered Customer is responsible for any activity that is performed through his account and is liable for damages resulting from the improper use of his access data by third parties. The Registered Customer must immediately inform Prato Erboso Srl if there are reasons to believe that a user name (or e-mail) or a password are, or are likely to have been, known by someone not authorized to use them or are likely to be used in an unauthorized way. If a Registered Customer forgets or loses the user name, he must contact Prato Erboso Srl and carry out the security checks provided by Prato Erboso Srl Prato Erboso Srl reserves the right to suspend user name (or e-mail), nickname and password for the '' access to the Site, if it believes that there is - or it is likely that there is - a security problem or unauthorized use of the same. The Registered Customer is responsible for the truthfulness of the information and personal data provided at the time of registration. The Registered Customer must immediately inform Prato Erboso Srl of any change in the information and personal data provided upon registration or, if possible, update them directly, so that such information and personal data are constantly current, accurate, complete and truthful. In the event that false, inaccurate or incomplete information or personal data have been provided, or Prato Erboso Srl has the well-founded suspicion, Prato Erboso Srl will have the right to prevent the Registered Customer from using the Site.

ARTICLE 11 - USE OF THE SITE

The Site, the Products, the Services and the functions made available or purchased through the Site are provided exclusively for the Customer's personal use. The Customer may not resell or attempt to resell Products, Services, Contents or functions made available or purchased through the Site to any third party, nor use the Site for the purpose of carrying out business activities or in any case for professional or commercial purposes, including the advertising, promotion, placement or any other form of marketing of Products, Services or Content made available through the Site, without the prior written consent of Prato Erboso Srl The Customer must not copy, modify, transmit and distribute externally, publicly display, download, print or publish any part of the Site or the Content for commercial purposes. The Site can only be used for the Client's personal purposes and in accordance with this Agreement. The User may not in any way modify or change the editing, graphics, lay-out or "look and feel" of any web page within the Site, it being understood that these will be defined by Prato Erboso Srl or by account of Prato Erboso Srl in its sole judgment. Prato Erboso Srl will have the right to insert its own brand, commercial name, logo, ideogram, or other distinctive sign of Prato Erboso Srl or of third parties as well as to insert advertising banners, hyperlinks or other forms of advertising at its total discretion within each web page within the Site. The Customer must not exploit or use the Site, or any Content, in such a way as to cause detriment to Prato Erboso Srl or to third parties. In particular, the Customer is obliged to refrain from using the Site or the Contents to carry out activities in competition, or in any case in such a way as to cause damage or prejudice to the interests, including economic ones, or to the image of Prato Erboso Srl, of other Customers or third parties. The User is solely responsible for evaluating any Product or Service present on the Site. Prato Erboso Srl assumes no responsibility for any personal data or information or other content that may be sent, disseminated, uploaded or downloaded by the Customer or by any third party through the Site. In the event that the Site allows the Customer to formulate comments or opinions regarding Products, Services or functions made available through the Site, the Customer undertakes to ensure that said comments or opinions refer specifically to the activity of the economic operator being commented on and to refer to specific and detailed facts. Without prejudice to the foregoing, Prato Erboso Srl reserves the right not to disseminate, remove from the Site or modify without prior notice, any content made available by the Customer of which it has become aware, as well as any other content published by third parties that constitutes or may constitute a violation of this Agreement, of mandatory laws or of the rights of third parties or in cases where Prato Erboso Srl believes in good faith that such information or content constitutes a violation of this Agreement or of the law. The Customer must indemnify Prato Erboso Srl from any claim or legal action initiated or threatened against by third parties as a result of the fact that the Site or its functions are used by the Customer in violation of this article as well as in violation of any other provision of this Agreement.

ARTICLE 12 - INTELLECTUAL PROPERTY

The intellectual property rights relating to the Site, the Prato Erboso Shop Brand or the Content are and remain the exclusive property of Prato Erboso Srl or its licensors. It is expressly forbidden for the Customer to copy, modify, create works or works derived from or based on the Site, the Content, the Trademark or the software. It is expressly forbidden for the Customer to download, copy, reproduce, duplicate or otherwise use or disseminate the Prato Erboso Shop brand or any trademark, trade name, logo, ideogram, or other distinctive sign relating to Prato Erboso Srl or its products.

ARTICLE 13 - PROTECTION OF PERSONAL DATA

The information prepared pursuant to art. 13 of Legislative Decree no. 196 of 30 June 2003 (the so-called Code regarding the protection of personal data) is to be considered an integral part of this Agreement. For information relating to the processing of personal data provided by the Customer when registering on the Site or, subsequently, also when accessing the reserved area of the Site, please refer to the Privacy Policy section which can be consulted on the Site in the constantly updated version.

ARTICLE 14 - MODIFICATIONS AND PARTIAL INVALIDITY

Prato Erboso Srl reserves the right to make, at any time, at its sole discretion, any changes, additions and / or updates that it deems necessary and / or simply appropriate to the Site, its contents, programs and / or other materials contained therein and / or available through the Site itself (including these General Conditions). For the sake of clarity, any modification and / or update made as above will not affect the Contracts already signed with Customers before such modification or update is made. In the event that a provision of this Agreement is declared null, invalid or ineffective, in whole or in part, by any competent court, supervisory authority or administrative authority, the remaining provisions of this Agreement will not be affected.

ARTICLE 15 - COMMUNICATIONS AND TROUBLESHOOTING

Any communication relating to these General Conditions or, in general, to any Contract signed with Prato Erboso Srl must be sent by post, fax or e-mail to the following addresses: e.Commerce Manager c / o Prato Erboso Srl via Ponticello, 24F 71045 - Ortanova FG (Italy) For any telephone assistance, please contact the number 388 7364030 from Monday to Sunday (excluding holidays) from 9.00 to 20.00. In the event of problems connecting to the Site during the order procedure, any Products already selected by the Customer will remain stored in the appropriate "cart" section and the Customer, once the connection is re-established, will be able to re-enter the Site and complete the procedure of order.

ARTICLE 16 - JURISDICTION AND COMPETENT COURT

The Contract is governed by Italian law. For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to the navigation on the Site by the Customer or the use of any functionality made available to the Customer through the Site, will be competent in via the Court of Foggia is exclusive, except for the mandatory forum of the place of residence or elective domicile of the Customer who acts as a Consumer Customer, pursuant to the Consumer Code.