These general conditions concern the purchase of products made remotely via telematic network through the site cactusforyou.com with registered office at Via Fausto Melotti, 4, 20138 Milan MI VAT number 02694350220.
The purchase operations will be governed by the provisions of D.Lgs 206/05, while the protection of privacy will be subject to the regulations of Legislative Decree 196/03.
These general conditions are valid from 01.11.2021 and may be updated or modified by CACTUS FOR YOU S.R.L. at any time, without notice, and will be effective from the date of publication on the website. The consumer agrees and undertakes, whenever there is a modification of these general conditions, to review them and, if deemed appropriate, to print and keep them.
For an online sales contract, it refers to the distance contract established between a supplier, cactusforyou.com with registered office at Via Fausto Melotti, 2, 20138 Milan MI VAT number 02694350220, and a consumer customer, within a distance selling system organized by the supplier, who exclusively uses the communication technology known as the Internet for this contract.
A consumer is defined as a natural person who purchases goods and services for purposes not directly related to any professional activity that may be carried out.
CHAPTER 1 - ACCEPTANCE OF THE SALES CONDITIONS
1.1 The conditions set forth in the preamble are an integral and essential part of this contract.
1.2 All contracts will be concluded directly through the Customer's (business and private) access to the website corresponding to the address cactusforyou.com.At this point, the Customer will be able to conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
1.3 These general sales conditions must be reviewed online by the customer before completing the purchase procedure. Therefore, the submission of the order confirmation implies full knowledge of them and their complete acceptance.
1.4 The customer, by electronically sending the confirmation of their purchase order, unconditionally accepts and agrees to comply with the general conditions and payment terms illustrated below, declaring to have reviewed and accepted all the information provided by them in accordance with the aforementioned regulations, also acknowledging that cactusforyou.com they do not consider themselves bound by different conditions unless previously agreed upon in writing. 1.5 If you buy with Scalapay, you receive your order immediately and pay in 3/4 installments. Please note that the installments will be assigned to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize such assignment.
CHAP. 2 – SALE PRICES AND PURCHASE METHODS
2.1 All sale prices of the products displayed and indicated on the website cactusforyou.com constitute an offer to the public pursuant to Article 1336 c.c., and are inclusive of I.V.A. and any other tax.
2.2 The total shipping cost to the customer's address is the responsibility of the customer, unless otherwise specified. This cost will, in any case, be communicated to the customer before the purchase confirmation.
2.3 The purchase contract is perfected through the exact completion and consent to the purchase expressed by the online agreement after registration.
2.4 The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
CHAP.3 – DELIVERY METHODS
3.1 cactusforyou.com will ensure the delivery of the selected and ordered products to the customers at the address provided by the customer, using the methods specified in the previous article, via couriers.
3.2 The purchased goods will be delivered within 1-3 working days for Northern/Central Italy; for the South and Islands, orders may take up to 10 working days. No responsibility can be attributed to the supplier for delayed or failed delivery due to force majeure or unforeseen circumstances.
3.3 The customer is required to verify, upon receipt, the conformity of the product delivered to them with the order placed; only after this verification, and without prejudice to the right of withdrawal provided for in point no. 7, the customer must sign the delivery documents.
3.4 At the time of delivery of the goods, the customer must check the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancies, this must be reported on the same accompanying document and confirmed, within 24 hours of delivery via email, to info@cactusforyou.com or by registered mail to CACTUS FOR YOU S.R.L. Via Fausto Melotti, 2, 20138 Milan MI. Even in the presence of intact packaging, the goods must be verified within seven days of receipt. Any hidden anomalies must be reported in writing by registered mail a.r..Any report beyond the aforementioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what has been declared.
3.5 Home delivery, unless otherwise agreed in writing between the parties, will take place during office hours: from 8:00 AM to 1:00 PM and from 2:00 PM to 6:00 PM, on all non-holiday days, from Monday to Friday.
3.6 The customer is required to be available during the hours described in point 3.4, in order to avoid any additional charges for missed deliveries by the express courier, charges that will otherwise be borne by the customer.
CH.4 – LIABILITY
4.1 cactusforyou.com does not assume any responsibility for disruptions due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed times.
4.2 cactusforyou.com will not be liable to any party or third parties for damages, losses, and costs incurred as a result of the non-execution of the contract for the aforementioned reasons, with the consumer having the right only to the refund of the price paid.
4.3 cactusforyou.com is not responsible for any fraudulent and illegal use that may be made by third parties of credit cards, checks, and other means of payment at the time of payment for the purchased products.
4.4 cactusforyou.com at no time during the purchase procedure is it able to know the credit card number of the buyer, which is transmitted directly to the banking service provider via a secure connection.
CH.5 – WARRANTY
5. cactusforyou.com warrants its products for 12 months from the date of delivery against manufacturing defects. The product that is found to be defective during the warranty period will be repaired or replaced free of charge. All return costs of the products are the responsibility of the customer, who will arrange for the delivery of the same either directly or through another means to the seller's location: CACTUS FOR YOU® S.R.L. Via Fausto Melotti, 2, 20138 Milan MI; all items must arrive in the same condition as received, equipped with original packaging and any manuals and/or instruction booklets that are part of the package and the original packaging; it is not permitted to return the goods by any other means.
CH.6 – OBLIGATIONS OF THE PURCHASER
6.1 The consumer agrees and undertakes, once the online purchase procedure is completed, to print and retain these general conditions, which, moreover, they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition referred to in Articles 3 and 4 of the D.Lgs 206/05.
6.2 These general conditions may be updated or modified at any time by cactusforyou.com , which will communicate this via its website. The consumer agrees and undertakes, whenever there is a modification of these general conditions, to print and keep them.
6.3 The buyer is strictly prohibited from entering false, invented, or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data and email must exclusively be their own real personal data and not that of third parties, or fictitious.
6.4 It is expressly prohibited to make double registrations corresponding to a single person or to enter data of third parties.cactusforyou.com reserves the right to pursue legal action for any violation and abuse, in the interest and for the protection of all consumers.
6.5 The Customer relieves cactusforyou.com from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer, being the Customer solely responsible for the correct entry.
CHAP.7 – RIGHT OF WITHDRAWAL
7.1 Pursuant to Article 5 of D.Lgs 206/05, the customer may exercise the right of withdrawal by returning the received goods and obtaining a refund of the price paid.
7.2 The consumer who for any reason is not satisfied with the purchase made has the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within 10 working days from the day of receipt of the purchased goods.A product received that is not intact or damaged during shipping must be reported within 24 hours of receipt.
7.3 All return shipping costs for the products are the responsibility of the customer, who will arrange for the delivery of the same either directly or through another means to the seller's address; all items must arrive in the same condition as received, complete with original packaging and any manuals and/or instruction booklets that are part of the package and the original packaging; returning the goods by any other means is not permitted.
7.4 To exercise the right of withdrawal, the customer must, within the above-mentioned timeframe, send a registered letter with return receipt to the following address: CACTUS FOR YOU S.R.L. Via Fausto Melotti, 2, 20138 Milan MI.Within the same term, an email can be sent to the address info@cactusforyou.com, to which a registered letter with acknowledgment of receipt confirming the withdrawal must follow within 24 hours. We will then proceed to refund the amounts paid by the Customer as soon as possible, and in any case within 30 days from the date of receipt of the above communication, retaining only the amount of shipping costs, which will remain definitively at the Customer's expense. The right of withdrawal applies only to goods that are intact at the time of return.
7.5 CACTUS FOR YOU S.R.L. will accept the returned goods reserving the right to verify that the products have been returned in their original condition and with the original packaging; only in this case will it proceed to send the amount paid by the consumer for the purchase of the products.
7.6 The transportation costs incurred for the delivery of the product to the customer and for any return to CACTUS FOR YOU S.R.L are non-refundable.
CH.8 – AUTHORIZATIONS
8.1 By filling out the appropriate form available on the website, the Customer authorizes Nexi-Pay and PayPal to use their credit card, or another card issued in its place, and to charge their bank account in favor of CACTUS FOR YOU S.R.L the total amount highlighted as the cost of the "online" purchase made. The entire procedure is carried out via a secure connection directly linked to the banking institution that owns and manages the online payment service.
CH.9 - CONTRACT TERMINATION
9.1Cactus-nail has the right to terminate the contract by simply notifying the customer and indicating the reason; in this case, the customer will be entitled solely to the refund of any amount already paid.
9.2 The obligations assumed by the customer as per art. 7 (Obligations of the purchaser), as well as the guarantee of the successful payment made by the customer using the means referred to in art. 2, are essential in nature, so that by express agreement, the non-fulfillment by the Customer of any one of these obligations will result in the automatic termination of the contract pursuant to art. 1456 c.c., without the need for a judicial pronouncement, without prejudice to the right for CACTUS FOR YOU S.R.L. to take legal action for compensation for further damages.
CHAPTER 10 – JURISDICTION
10.1 Any dispute regarding the application, execution, interpretation, and violation of purchase contracts concluded online through the website cactusforyou.com is subject to Italian jurisdiction; these general conditions refer, as far as not expressly provided therein, to the combined provisions of D.lgs. n. 50 of 15.1.1992 and D.Lgs 206/05.