Terms of service

General sales conditions applicable to purchases made on:

  • shop.iperverde.it
  • iperverde.it

Conditions in force from 24.10.2020 (first issue)

1 - GENERAL PROVISIONS
These General Conditions of Sale (in short GCS) govern the contract for the purchase and sale of products through the site www.shop.iperverde.it (in short the Site) between Hypergreen srl with registered office in Castione Andevenno (SO), Via Andevenno 1 (P.IVA / C.F. 00986640142) registered in the Business Register of Sondrio REA SO - 74243 (hereinafter Hypergreen or the Seller) and the person who makes purchases through the aforementioned site (hereinafter the Customer).
These General Conditions of Sale are made available, freely storable and printable in footer of the site www.shop.iperverde.it, as well as in the appropriate link before proceeding with the Order.

The acceptance of the General Conditions of Sale takes place by affixing a specific flag, in the appropriate box, before confirming the willingness to proceed with the purchase order. In the absence of acceptance of these conditions it will not be possible to finalize the procedure.
The General Conditions of Sale can be modified by Hypergreen and are valid from the date of publication on the Site. The version and / or update date will be indicated on them.

The Conditions in force on the date the Order is sent will apply to orders.
These Conditions are available in Italian and the sales are made only in Italy, the Republic of San Marino, the Vatican City and Switzerland.


2 - DEFINITIONS
The following meanings are to be attributed to the following listed and used in these GCS:

"Hypergreen": the seller of the Products offered for sale on the Site (also as licensee, reseller or authorized distributor);

"Client": any person who places an order online, which, depending on the case, will be divided into Consumer Customer and Professional Customer;

"Consumer Customer": any natural person who places an order for purposes unrelated to any entrepreneurial, commercial or professional activity carried out (art. 3, paragraph 1 lett. a) Consumer Code);

"Professional Client": any natural or legal person who places an Order in the exercise of his business or professional activity

"Site": the website www.shop.iperverde.it;

"Product (s)": any product offered for sale through the Site;

"Consumer Code": Legislative Decree no. 206 of 6 September 2005 and its subsequent amendments or additions;

"Contract": the" remote "sales contract, ie without the physical and simultaneous presence of the Seller and the Customer, concluded through the exclusive use of one or more remote means of communication, telematic or electronic, with" on line "mode ;

"Order": the purchase proposal for one or more Products that the Customer completes and sends to Iperverde through the Site;

"Order Confirmation": it is the acceptance of the order that Iperverde communicates to the Customer and that determines the conclusion of the sales contract.


3 - INFORMATION FOR CONSUMER CUSTOMERS
Pursuant to art. 49 letters b) c) and d) of the Consumer Code provide the identity and registered office and contact details of the seller of the Products offered for sale on the Site:

  • Company name: IPERVERDE SRL
  • Registered office: Castione Andevenno (SO), via Andevenno 1
  • Tax Code and VAT number 00986640142
  • Company registration number REA SO 74243
  • Share capital 10,000.00 I.V.
  • Telephone 0342 567100
  • E-mail: eshop@iperverde.it
  • Customer assistance / Customer care: eshop@iperverde.it
  • PEC: iperverdesrl@pec.it

4 - OBJECT OF THE CONTRACT
These GCS regulate the purchase and sale of the Products offered for sale on the Site and the relative Contract concluded between Iperverde and the Customer.

Before placing the Order, the Customer can view the characteristics of the Products that are illustrated on the Site also through the appropriate product sheets.

Iperverde undertakes to describe and present the Products offered on the Site, illustrating their main characteristics. Le photographs and reproductions of the Products on the Site and on the product sheet are to be considered merely representative and do not constitute a contractual element.

5 - ORDER
The purchase of Products on the Site takes place through an Order that the Customer, even without having registered on the Site, fills in all the parts indicated as mandatory and sends to the Seller.

The Order takes place through a guided procedure that allows the Customer to insert the products in the "cart", verify and validate the information entered by the same and correct the errors before its forwarding, confirm them and proceed with the payment.

The Customer undertakes to verify the correctness and truthfulness of the data entered in the Order.

After sending it is not possible to make corrections and / or changes to the Order.

Once the Order has been completed and before sending it, the Customer is asked to read and accept the GCS and the following information is provided to him

  • Quantity of Products;
  • Price of the Products including taxes and duties;
  • Shipping and delivery costs as well as any other additional and / or accessory costs;
  • Method of payment (which will be the one chosen by the customer from those available).

The methods and terms for exercising the withdrawal and the legal guarantee of conformity to which the Consumer Customer is entitled are indicated in these GCV and made available in the footer of the Site.

The sending of the Order constitutes a proposal to purchase the Products by the Customer and does not entail the conclusion of the contract which occurs only with the Order Confirmation by the Seller.

For the purposes of the provisions of art. 51, paragraph 2 of the Consumer Code, sending the Order implies the obligation to pay.


6 - CONCLUSION OF THE CONTRACT
The Agreement yes conclude when Iperverde sends the Customer the e-mail Order Confirmation containing:

  • the order number;
  • summary of the Customer's data (in order to allow verification of the correctness of the data entered when sending the order);
  • quantity and relative price of the ordered goods;
  • shipping costs and any additional costs if provided for in the Order;
  • delivery address to which the goods will be sent.


7 - AVAILABILITY OF PRODUCTS
The availability of the Products on the Site is indicative. In the event of total or partial unavailability that occurs after the conclusion of the contract, Iperverde will promptly inform the Customer at the e-mail address indicated in the Order indicating any alternative availabilities, in which case the Customer will be guaranteed the right to cancel the Order with full refund of any amount already paid. The Customer must communicate his choice to Iperverde within the deadline indicated in the notification of unavailability. If the Customer does not communicate his choice within the indicated term, the Order will be automatically canceled and Iperverde will refund any amounts already paid by the Customer.

Iperverde cannot be held responsible for the temporary or definitive unavailability of one or more Products and for any consequent total or partial cancellation of the Order.

Any limitations to the purchase of individual products are reported on the Site or in the Product Sheet.


8 - PAYMENT METHODS and ACCEPTED MEANS OF PAYMENT


Payment for the Products can be made by the following means:

  • Paypal
  • Shopify Payments (VISA, Mastercard, Amex, Maestro, Shop pay, Apple pay e Google pay)
  • Amazon Pay
  • Satispay
  • Scalapay


The total amount is charged to the Customer when the Order is sent (with the exception of the Scalapay method, which instead allows a payment in 3 solutions). In case of failure to complete the payment, Iperverde will not proceed with the Order Confirmation.


Payment with PayPal system. If the Customer chooses to pay with the PayPal system, he will be redirected to the appropriate site where he will authorize PayPal to proceed with the payment according to the procedure and terms provided by PayPal. The data will be processed directly by the same and not transmitted or shared with Iperverde which therefore does not store any data of the card connected to the PayPal account.

Pagamento tramite Shopify Payments. If the customer decides to pay directly through Shopify, the same can choose the payment instrument to use between:

  • credit card (VISA, Mastercard, Amex or Maestro);
  • Apple pay;
  • Google pay.

Payment process Amazon Pay

Payment with Satispay

Payment with Scalapay

If the customer uses Scalapay, he will receive his order immediately and will pay in 3 installments. The customer acknowledges that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that he authorizes this transfer.

Invoice issue: Iperverde issues an invoice for the goods only if requested by the customer during the purchase process.

The customer can request the issuance of the invoice by filling in the following optional fields:

  • "VAT tax code";
  • "PEC / SDI recipient code" - field required only for Professional Customers

In all cases in which these fields are correctly filled in, the tax code and VAT number will come

tested on the Revenue Agency website, Iperverde will issue the invoice, and this document will be sent by e-mail to the address indicated in the order.

Professional Clients will also receive the document in xml format from the Exchange System (SDI) of the Revenue Agency.



9 - DELIVERY OF PRODUCTS - TERMS AND EXPENSES


The delivery of the Products is carried out at the address indicated in the Order and reported in the Order Confirmation.

Some areas may not be reachable or involve additional delivery costs, this fact will be highlighted directly in the order.

Delivery is entrusted by Iperverde to the following couriers:

  • GLS
  • Italian post
  • SDA
  • Bartolini
  • Robustelli Trasporti
  • TNT
  • UPS

The Customer will receive an e-mail directly from the courier with the tracking of the shipment, if this service is provided by the Courier.

The Customer undertakes to be present personally or through a representative at the delivery address for the collection of the Products.

In case of non-delivery due to even temporary absence of the Customer, the Courier will automatically make a second delivery attempt. If the second attempt is also unsuccessful due to the absence of the recipient, the Seller will contact the Customer in order to agree, where possible, a further attempt which, however, may lead to an increase in costs for the Customer.

Delivery costs are charged to the customer and calculated directly in the cart. The costs are indicated before the user sends the Order.

The Customer undertakes to collect the Products ordered. Iperverde is not responsible for any delays due to causes attributable to the Customer (eg. lack of availability, wrong address, refusal to receive the Products, etc.). In case of refusal or non-delivery not attributable to the courier, all shipping costs, even the additional ones incurred, will be charged to the customer.

The delivery of the Products is carried out only on the street level and is guaranteed only for homes that can be reached with the ordinary means provided to the courier. The Customer undertakes to report any particularities or characteristics of the place of delivery that may make delivery by normal means of transport impossible or particularly burdensome.

The risk of loss or damage to the goods is transferred to the Consumer Customer when the same comes into possession of the Products, while it is transferred to the Professional Customer when the Products are delivered by the Seller to the courier.

The risk of loss or damage to the goods is transferred to the Consumer Customer at the time of delivery of the Products to the courier if this has been chosen independently by the consumer and not proposed by Iperverde.

In any case, the Customer undertakes to check that all the packages indicated in the courier's documents are delivered and that they are perfectly intact including the tapes used to close the packages. If the package is crushed, cut, broken or tampered with, the Customer is required to collect it subject to control, reporting it in writing on the courier's document and promptly informing Iperverde at the following address eshop@iperverde.it.

Terms of delivery: the delivery terms run from the Order Confirmation. Iperverde undertakes to ship the Products without undue delay and in any case no later than 30 days from the date of sending the Order Confirmation.

It is understood that any delivery times indicated are not binding but only indicative and Iperverde is not responsible for any delays and / or impossibility in the fulfillment of its obligations under the Contract if such delay and / or impossibility are caused by circumstances beyond beyond its reasonable control (such as, for example, natural disasters, adverse weather conditions, strikes, accidents directly or indirectly involving means of transport, delays in distribution, etc), reserving the right to extend the terms, appropriate to the circumstances, necessary to fulfill these obligations. Unilateral requests placed in the order notes that require deliveries by appointment or services not currently provided by Iperverde are not valid.


10 - RIGHT OF WITHDRAWAL.


The Consumer Customer has the right to withdraw from the contract, in whole or in part, without indicating the reason or giving justification, within the terms and conditions below:

  • Deadline for withdrawal: the withdrawal must be communicated within fourteen days calculated from:
  • from the day on which the Consumer acquires physical possession of the Product or Products
  • from the day on which the Consumer acquires physical possession of the last Product in the case of multiple orders with separate deliveries

  • How to exercise the withdrawal: the Consumer Customer can communicate the desire to withdraw by sending a communication to the following address: eshop@iperverde.it­­­­­­­­­­­­­­­­­­­­., there are no particular formalities, however Fr.

  • Effects and costs resulting from exercising the right of withdrawal:
    In case of withdrawal, pursuant to art. 57 of the Consumer Code:
  • The Consumer Customer is entitled to a refund of all payments madeto the seller, including delivery costs (with the exception of any additional costs arising from the Customer's choice of a type of delivery other than the least expensive type of delivery offered by Iperverde). The reimbursement is made by Iperverde without delay and in any case no later than 14 days from the day on which the Consumer Customer communicated the withdrawal. This deadline is met if the Consumer has shipped or delivered the Product to Iperverde. For the refund, Iperverde will use the same payment method used by the customer during the purchase, if the payment method used does not allow the cancellation, the Customer will be asked for the IBAN for execution of a bank transfer.
  • Iperverde has the right to withhold the refund untilhas not received the goods or until the Consumer Customer has not demonstrated that he has returned the goods, whichever occurs first.
  • The Consumer Customer is obliged to return the Productsto Iperverde by any courier, as long as with traceable shipping, at the warehouse located in via Andevenno 1 Castion Andevenno (SO). The Customer must return the Products within fourteen days from the date on which he communicated the withdrawal. This deadline is met if the Consumer Customer sends back the Products before the expiry of the fourteen-day period.
  • The costs of returning the Products following the withdrawal are charged to the Consumer Customer.
  • The Consumer Customer is only responsible for the decrease in value of the Products resulting from the manipulation or use of the Product other than those necessary to verify its nature, characteristics and functioning. The Consumer must in any case keep and handle the Product with diligence and return it intact, complete with all its parts and / or accessories as well as the illustrative sheets and instructions, labels as well as with the original intact packaging.
  • In the event that the Product for which the Consumer has exercised the withdrawal has suffered a decrease in value resulting from a manipulation other than that necessary to verify its nature and characteristics and / or functioning, a correlative amount will be deducted from that of the refund, providing to the same, in the event that the reimbursement has already taken place, the bank details for the payment of the amount due by the Customer due to the decrease in value of the Product.

  • Exclusions from the right of withdrawal: the right of withdrawal is excluded in the following cases:
  • the supply of goods made to measure or clearly personalized;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
  • the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods.



11 - LEGAL GUARANTEE OF CONFORMITY

Who is it and what it consists of
The legal guarantee of conformity is up to the Consumer Customer and is governed by articles 128-135 of the Consumer Code. It consists in the seller's liability for lack of conformity of the Product existing at the time of delivery and which occurs within two years of delivery.

The lack of conformity occurs when the product:

  • it is not suitable for the use for which goods of the same type are normally used;
  • does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented as a sample or model;
  • it does not have the usual qualities and performances of a good of the same type, also taking into account the declarations made in advertising or on the labeling;
  • 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.

Any faults or malfunctions caused by accidental events or by the responsibility of the Consumer Customer or by a use that does not conform to its intended use and / or to the technical documentation attached to the Product or to what is indicated in the Product sheet

Terms of reporting the defect under penalty of forfeiture

  • The Customer must report the lack of conformity to the seller within two months from the date on which it was discovered, under penalty of forfeiture.
  • It is assumed, unless proven otherwise, that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the asset or with the nature of the defect. Six months after delivery, it is the responsibility of the Consumer Customer to prove that the lack of conformity already existed at the time of delivery.
  • To take advantage of the legal guarantee of conformity, the Consumer Customer must first provide proof of purchase and delivery of the Product.

Remedies available to the Consumer Customer In the event of a lack of conformity reported within the terms, the Consumer Customer has the right to the following remedies:

  • primarily, to the repair or replacement of the Product, unless the remedy is objectively impossible or excessively burdensome compared to the other;
  • secondarily, to the reduction of the price or the termination of the contract but only if the remedies indicated in the primary way are not possible or are excessively burdensome for the seller or have not been carried out in reasonable terms, or even if the repairs or replacements previously carried out have caused significant inconveniences duly demonstrated by the Consumer Customer;
  • The excessively onerous remedy is the one that imposes unreasonable costs on the seller compared to the alternatives, taking into account the value that the good would have if it did not have the lack of conformity, the extent of the defect and the possibility that the remedy can be carried out without significant inconvenience for the Consumer Customer.

    Product return procedure in case of lack of conformity
    The Consumer Customer who deems there is a lack of conformity must contact the customer assistance service at the address: eshop@iperverde.it

for the opening and management of the related file in compliance with the aforementioned legislation.


12 - ACCESS TO THE SITE
The Customer has the right to access the Site for consultation and / or for making online purchases or access to the services made available. No other use, in particular commercial, of the site or its content is permitted. All elements of the Site, visual or sound, and the related technology used are the property of Iperverde and are protected by industrial property rights.


13 - PRIVACY E COOKIES
The personal data provided by the Customer will be treated in compliance with the provisions of Legislative Decree 196/2003 and subsequent amendments or additions. Full copy of the information on data processing (Privacy Policy) is accessible and made available at the time of registration and in any case before placing the order in the footer of the Site.

14 - APPLICABLE LAW AND JURISDICTION - ALTERNATIVE DISPUTE RESOLUTION
The contract is governed by Italian law.
IS'without prejudice to the application to Consumer Customers who do not have residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the right of withdrawal and the legal guarantee of conformity .
For any dispute relating to the application, execution or interpretation of these GCS and the contract, the following Court is competent:
For the Professional Client: the Court of Sondrio.

For Consumer Customers: the court of the place where the Consumer Customer resides or has elected domicile if located in the Italian territory.

In any case, the Consumer Customer can optionally resort to mediation or negotiation procedures or alternative dispute resolution procedures (ADR Alternative Dispute Resolution).