General Terms and Conditions of Sale

1) Customer Notices

I_maestrodelverde.it is a website operated by the AUMENTA ANTONIO farm and nursery.
AUMENTA ANTONIO is the manufacturer and distributor of the products featured and sold through the Maestro del Verde website.

II_By placing an order on the maestrodelverde.it online store, the Customer declares that they have read and fully accept the general terms and conditions and payment terms set forth below.

 

2) Online Sales Agreement

I_The offering and sale of products on maestrodelverde.itare governed by theseGeneralTerms and Conditionsof Sale, in accordance with current regulations governing e-commerce and distance contracts as set forth in the Consumer Code (Legislative Decree No. 206/05).

II_Products purchased on , maestrodelverde.it, and are sold directly by the sole proprietorship—nursery— AUMENTA ANTONIO, with its registered office at Via Lungo Appia Km. 88, 600 - (04014) Pontinia (LT), with Tax ID MNTNTN56M14H683N and VAT No. 00597280593, registered with the Latina Chamber of Commerce, Industry, Crafts, and Agriculture under No. MNTNTN56M14H683N – REA code LT-74687
For assistance and information:
- email:info@vivaioaumenta.it / commerciale@vivaioaumenta.it
-Phone: (+39) 0773.850329

III_The e-commerce activities conducted by AUMENTA ANTONIO through the website maestrodelverde.it are carried out with end customers who qualify as “consumers,” where“consumer”means any natural person acting on maestrodelverde.it for purposes unrelated to any business, commercial, artisanal, or professional activity they may carry out (for the purposes of the applicability of the protections provided by law), as well as toward professional customers who are not end consumers. 
maestrodelverde.it reservesthe right not to process orders that are not completed in accordance with the provisions of these General Terms and Conditions of Sale.
IV_These General Terms and Conditions of Sale do not govern the provision of services or the sale of products by parties other thanmaestrodelverde.it.

 

3) Products and Prices

On maestrodelverde.it, products consisting of top-quality ornamental plants from the nurseries of the AUMENTA ANTONIO agricultural company are offered for sale.

II_The purchase prices are specifically indicated for each listed product, subject to the application of any discounts or promotions that are expressly provided for or agreed upon.

III_Product prices are subject to change at any time upon simple publication on the maestrodelverde.it website.

IV_The prices charged will, in any case, be those in effect at the time the order is placed, regardless of any subsequent changes.

V_The prices of the products listed in the online catalog include value-added tax (VAT), unless otherwise expressly stated.

VI_In the section dedicated to the checkout process, which contains the order summary, the final price will include shipping costs, which will beclearly highlightedat and calculated directly by the system in real time whenever an item is added to the shopping cart.

VII_They take into account the quantity, weight, and volume of each individual Product.

VIII_Some promotions may include discounts equal to the shipping cost for orders exceeding a certain amount specified in the offer.

 

4) Orders

I_The appearance of the product actually shipped to the customer may differ from the sample photo published on the website, both due to seasonal variations and because each item is unique.

II_Orders on , maestrodelverde.it, and can be placed every day, 24 hours a day.

III_To purchase online, simply follow the instructions in the“Purchasing Instructions” section.

IV_Each order for Products submitted to maestrodelverde.itconstitutes a contractual offer by the Customer.

V_Confirmation of the order by maestrodelverde.it constitutesacceptance of the order.

VI_Once you click the“Submit Order”button or “Confirm Purchase,” maestrodelverde.it willprocess the order as displayed on the final screen and send the Customer an automatic confirmation of receipt containing the order number and purchase details: from this moment on, the purchase will become final and binding.The system will also send a confirmation email to the email address provided by the Customer.

VII_It is the Customer’s responsibility to register with the correct information and to keep it up to date using their login credentials.

VIII_maestrodelverde.it reserves the right not to accept an order or to cancel it even after acceptance, without any liability for costs or damages arising therefrom, in cases where the registration information is incorrect or cannot be verified,or in the event that delivery to the specified address is impossible due to a circumstance attributable to the purchaser.

IX_The Customer will subsequently receive a delivery confirmation via email as soon as the Product leaves our facility.

X_You can track the status of your shipment in the “Order Management” section.

XI_The order may be specified as follows:

-in progress

-shipped

-canceled.

 

5) Purchasing Guidelines

I_Purchases of products from themaestrodelverde.it e-commerce storeare made as follows:

a – Product Search
You can select products by searching for them using the main search bar located at the top center—where you can enter the plant’s name, either its scientific or common name—or by using the options on the left sidebar to filter the results.

A screen will first appear showing a preview of the products that match the search criteria you entered.

Clicking on the preview images will open the detail pages for the selected product, which include

-photographs

-product information sheet, which lists the main features

-a botanical fact sheet, if available, providing technical information about the plant species in question.

A negative search result does not necessarily mean that the product is not available on maestrodelverde.it: it is possible that it is listed under a different name than the one used in the search.

 

b – Add Products to the Cart
Once you have found the product you want, you can add it to your cart by clicking the corresponding icon.

Before adding the item to your cart, you should select the desired quantity of the product.

Adding an Alcarello product does not require you to purchase it.

By clicking on the shopping cart icon in the upper right corner, you can review your selections, remove any products you no longer want, and adjust the quantities before proceeding to checkout.

c – Completion of the Purchase
Once the final purchase has been made, the online order is considered complete.

The shipping information is the same as that shown in your account, but it is also listed in this section for your convenience.

In the "Payment Methods" section, you'll find all the instructions on how to proceed

 

6) Billing

I_The tax documentation for the ordered Products will be issued by the AUMENTA ANTONIO farm (Tax ID: MNTNTN56M14H683N and VAT No. 00597280593), as listed above, upon shipment of the Products.
II_For every order placed onmaestrodelverde.it, theAUMENTA ANTONIOfarmwill issue an invoice for the shipped goods and send it via email to the person named on the order, in accordance with Article 45 of the Digital Administration Code (Legislative Decree 82/2005).

III_For the issuance of the invoice, the information provided by the Customer at the time of the order shall be considered valid.

IV_No changes may be made to the invoice after it has been issued.

 

7) Delivery and Shipping

 

I_The Products will be delivered as soon as possible and, in any case, within 30 (thirty) business days of receipt of the purchase order confirmation.

II_maestrodelverde.it usescouriers who can ensure that the necessary attention and care are given to the products during shipping.

III_The plants will be delivered to the address provided by the Customer at the time of order. Shipments will be made using the best national couriers. The courier will contact the Customer to provide advance notice of delivery.

IV_Couriers are authorized to unload and deliver the product exclusively at street level (in front of the entrance to the residence, on the ground floor). Any deliveries to upper floors, transport into the yard, unpacking, etc., must be agreed upon at the time of unloading between the courier and the customer and paid for by the customer.

V_The Supplier is not responsible for delays attributable to the courier and, under no circumstances, may therefore be held liable. Any delays in delivery do not entitle the Customer to refuse delivery of the Products or to claim compensation or damages of any kind.

VI_Shipments are generally made from Monday through Thursday to avoid backlogs at the couriers' sorting centers.

VII_Once the Product has been handed over to the courier, delivery times may vary depending on the availability and type of Products, ranging from 24 to 72 business hours.

VIII_maestrodelverde.it acceptsorders for delivery within Italy and the EU.

 

8)  Product Availability

Product availability refers to the actual availability at the time the order is placed.

II_Availability information is provided for reference only because, due to the simultaneous presence of multiple users on the site, the Products may already have been sold to other customers before the order is confirmed.

III_After confirmation of receipt of the order, there may be cases where the Products are totally or partially unavailable.

IV_Given the unique nature of the product, in the event that the plants cannot be delivered within the aforementioned timeframe due to issues related to cultivation, maestrodelverde.it has the right to suspend the performance of its contractual obligations for a maximum period of an additional 30 (thirty) days, notifying the purchaser via email of the inability to meet the delivery deadline and the new delivery date. The purchaser has the right to cancel the order, even partially, within 14 (fourteen) days of the aforementioned notification by sending an email to , info@vivaioaumenta.it, or , indicating the order number in the subject line and stating the intention to withdraw for the reason cited.

V_In the event of withdrawal, the Buyer shall be entitled to a refund of the purchase price, if paid, within the limits of the withdrawal exercised.

VI_In any case where maestrodelverde.it fails to fulfill an order due to the unavailability of the ordered Products, the Customer will be informed as soon as possible of the expected delivery times once the Products become available again.

VII_If the Customer does not wish to wait any longer, they may make use of the procedure described above, and maestrodelverde.itwill refund any amounts already paid for the undelivered order.

 

9) Payment Methods

I_Each payment may be made only upon confirmation of the purchase using one of the methods listed below.

PAYPAL

CREDIT CARD

BANK TRANSFERTO   using the IBAN provided in the order confirmation.
II_The order will be processed after the amount has been credited to our account.

III_Any refund will be credited using one of the payment methods used for the original transaction and will be processed within 30 days from the date the right to a refund arises.

 

10)Plant Packaging

I_We will take the utmost care in packaging the plants after the order is placed.

II_Packaging appropriate for the Product's dimensions will be selected:

-All plants will be shipped on a pallet measuring 120 cm L x 100 cm W x 240 cm H in wooden crates;

 

11)Customer Obligations

I_Any damage or discrepancy in the number of packages must be immediately reported to the carrier by adding the following note: “Accepted subject to inspection of the goods” on the document and confirmed immediately by email to our headquarters at info@vivaioaumenta.it.

II_Please note: If the goods are accepted without the required notation, you will not be able to file a claim at a later date for any missing items or damage caused during shipping.

III_Even if the packaging is intact, the goods must be inspected within 2 days of receipt, as they are perishable products/plants.

IV_Any damage or hidden defects must be reported in writing via email to info@vivaioaumenta.it.

 

12)Liability

I_maestrodelverde.it shall not be held liable for any injury to persons or damage to property that may occur as a result of the improper use of the Products sold.

II_The Supplier assumes no liability for disruptions attributable to force majeure in the event that it is unable to fulfill the order within the timeframes specified in the contract.

III_The Supplier shall not be liable to the Customer for service disruptions or malfunctions related to the use of the Internet that are beyond its control, except in cases of willful misconduct or gross negligence.

IV_The Supplier shall not be liable for any damages or losses incurred by the Customer as a result of the failure to perform the contract for reasons not attributable to the Supplier; the Customer shall be entitled only to a refund of the price paid.

V_The Supplier is not liable for any unlawful or fraudulent use that may be made by third parties of credit cards and other means of payment, to pay for Products on the website, provided that the Supplier demonstrates that it has taken all possible precautions based on the best available knowledge and experience at the time and in accordance with ordinary diligence.

VI_The Customer is hereby excluded from any right to compensation for damages, as well as from any contractual or tort liability for direct or indirect damages to persons and/or property resulting from the failure to accept an order, even in part.

VII_If the merchandise is unavailable and the order is not accepted, the Customer will not be charged.

 

13)Returns and Refunds

The Customer may initiate the return process within 2 days of receiving the Product—since these are perishable goods/plants—in the following cases:

II_To initiate the procedure, follow these instructions:

- Send an email to info@vivaioaumenta.it, including the order number in the subject line;

- Attach clear and specific photos to the email as proof of damage to the Product you received;

- Write a brief explanation of the reason for the return or complaint.

III_The Customer Service Department will respond within 24–48 business hours; once the request is accepted, a courier will be sent to pick up the product being returned or subject to a complaint on a scheduled date.

IV_We recommend that you keep the packaging you received to ensure the plants are returned safely. Any damage caused by inadequate packaging will not entitle you to a refund.

V_Lamerce must be returned in the same condition in which it was delivered. 

VI_Once the merchandise has been returned to the AUMENTA ANTONIO headquarters, we will inspect its condition and then process the refund, which will be issued using the same payment method used at the time of purchase.

VII_In the event of a defective Product, maestrodelverde.itmay offer the Customer either a refund—including a partial refund—of the purchase price commensurate with the severity of the defect found, or a replacement. The latter option is excluded for minor defects that do not affect the intended use or the external appearance of the Product in any way.

 

14)Legal Warranty for Defects pursuant to Art. 128 et seq. of the Consumer Code

I_The warranty provided by law does not apply to perishable products or consumables sold through this online store.

II_The Supplier does not guarantee that the plants will take root, as this depends on numerous factors, including, by way of example only, the care provided from the time of delivery, soil preparation, planting techniques and the actions taken after planting, as well as climatic and weather conditions.

III_Subject to the provisions set forth in the preceding paragraphs, for any Products other than those specified therein, and maestrodelverde.itshall provide the Customer with the statutory warranty under the terms set forth in Articles 128 et seq. of the Consumer Code with respect to Products purchased by the Customer as a consumer. The term “consumer” refers to any natural person who acts on and maestrodelverde.itfor purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out, and provided that the Products have been used correctly, with due diligence, and in accordance with their intended use and the instructions provided, and provided that the Customer presents the delivery receipt for the Products and specifies the order number.

III_The consumer’s warranty rights are subject to the statutory limitation periods set forth in Article 132 of the Consumer Code, as set out below:

IV_The Seller is liable, pursuant to Article 130, when a lack of conformity becomes apparent within two years of the delivery of the goods.The Consumer forfeits the rights provided for in Article 130, paragraph 2, if he or she does not notify the Seller of the lack of conformity within two months from the date on which the defect was discovered. Notification is not required if the Seller has acknowledged the existence of the defect or has concealed it.
V_Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within six months of delivery of the goods already existed at that time,unless such a presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

VI_The right to claim for defects not fraudulently concealed by the Seller expires, in any case, twenty-six months after delivery of the goods; however, a Consumer who is the defendant in a contract enforcement action may always assert the rights provided for in Article 130, paragraph 2, provided that the lack of conformity was reported within two months of discovery and before the expiration of the period referred to in the preceding sentence.

VII_The warranty rights of professional customers—that is, non-consumers—are governed by the provisions of the Civil Code applicable to sales contracts.

VIII_In any case, any claims regarding defects or flaws must be submitted in writing tomaestrodelverde.it, via email toinfo@vivaioaumenta.it orby certified mail, within 7 days of receiving the disputed shipment, as specified in the “Delivery Methods and Times” section.
IX_The Customer is required to include photographs showing the damage to the goods with any report of defects.

X_If the Product sold proves to be defective, and maestrodelverde.it may offer the Customer a partial refund of the purchase price commensurate with the severity of the defect found, or a replacement of the Product. This latter option is excluded for minor defects that do not affect the intended use or the external appearance of the Product in any way.

 

15) Right of Withdrawal

I_Pursuant to the Consumer Code (Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014), the Customer (if classified as a “Consumer,” that is, a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activities they may carry out) has the right to withdraw from the contract and return the ordered Products—provided they are not perishable—without penalty and without specifying a reason, within 14 days of receiving the Products.

II_The right of withdrawal, expressed through an explicit statement, must be exercised by the Consumer—under penalty of forfeiture—by sending a registered letter with return receipt to:
AUMENTA ANTONIO Via Lungo Appia Km. 88.600, (04014) Pontinia (LT) or via certified email (PEC) to the address info@pec.vivaioaumenta.it, within 14 days from the date of receipt of the goods, that is, from the moment the Consumer or a third party, other than the carrier (or courier) designated by the Consumer, takes physical possession of the goods, except in the case of multiple goods ordered by the Consumer in a single order and delivered separately, for which the period to notify the intention to withdraw from the contract begins on the day the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last good.

III_Notice of withdrawal may also be sent, within the same time limit, by telegram, followed by confirmation via registered letter with return receipt, which must be sent within the following 48 hours.

 IV_The burden of proof regarding the exercise of the right of withdrawal in accordance with this article rests with the Customer.
V_Upon receipt of the notice of withdrawal,maestrodelverde.it will providethe Consumerwithinstructions on how to return the goods, which must be received bymaestrodelverde.it within14 days of authorization.

VI_The right of withdrawal does not apply to the purchase of goods for which the amount paid by the consumer does not exceed 50 euros, and is excluded with respect to the contracts specified in Article 59 of the Consumer Code, including:

VIII_During the aforementioned withdrawal period, the Consumer Customer is responsible for the item as its custodian. The shipment remains under the Consumer Customer’s full responsibility until confirmation of receipt is provided.
IX_In the event of damage to the goods during transport, and maestrodelverde.itwill immediately notify the Consumer Customer of the incident (within 5 business days of receiving the goods at their nurseries), to allow them to promptly file a claim against the courier they selected and obtain a refund for the value of the goods (if insured); in this case, the product will be made available to the Consumer Customer for return, simultaneously canceling the request for withdrawal.
maestrodelverde.it is not liable in any way for damage to or theft/loss of goods returned via uninsured shipments.
X_Subject to any restoration costs for verified damage to the original packaging, maestrodelverde.it willrefund the Consumer Customer thefull amount already paid without undue delay and, in any case, no later than 14 days from the date on whichmaestrodelverde.it becomesaware of the intention to withdraw from the contract or, in any case, from the return of the goods, using the same payment method used for the initial transaction.

XI_The right of withdrawal shall be completely forfeited due to the lack of the essential condition of the goods’ integrity (packaging and/or its contents) in cases where maestrodelverde.it determinesthat:

XIII_The Consumer Customer may not exercise the right of withdrawal in the case of the supply of personalized goods or goods that are highly perishable and subject to rapid deterioration, given the time required to exercise the right of withdrawal. In such cases, the right of withdrawal is excluded pursuant to Article 59, paragraph 1, subparagraphs (c) and (d) of the Consumer Code.
XIV_Damage caused by misuse or improper use will not be covered; therefore, no liability will be assumed for direct or indirect damages resulting from such use.

 

 

16)Governing Law and Jurisdiction

The sales contract between the Customer and maestrodelverde.itis deemed to have been entered into in Italy and is governed by Italian law.

II_For the resolution of civil disputes arising from the conclusion of this distance sales contract, if the Customer is a Consumer, the exclusive territorial jurisdiction is that of the court with jurisdiction over the Customer’s municipality of residence or domicile, provided such municipality is located within the territory of the State; in all other cases, exclusive jurisdiction lies with the Court of Latina.

III_Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares that he or she has carefully read and understood, and specifically accepts, the following clauses of the General Terms and Conditions of Sale: the clauses listed under points: 1) Notices for the Customer Section II; 3) Products and Prices  Section III; 4)Orders, SectionsIV, VI, and VII; 5)Purchase Instructions, letter c) of Section I; 7) Delivery and Shipping  Section IV; 8) Product Availability Section II, Section IV; 9) Payment Methods, Section II, Section III; 11) Customer Obligations Section I, Section II, Section III, Section IV; 12) Liability Paragraph I, Paragraph II, Paragraph III, Paragraph IV, Paragraph V, Paragraph VI; 13)Returns and Refunds, interopunto and all paragraphs; 14) Statutory Warranty for Defects pursuant to Art. 128 et seq. of the Consumer Code, entire section and all subsections; 15)Right of withdrawal, entiresection and all subsections; 16)Governing law and jurisdiction, entiresection and all subsections.

 

17)Notice pursuant to Article 14 of EU Regulation No. 524/2013

I_“Consumers residing in the European Union are hereby informed that, for the resolution of disputes relating to this contract and the online services offered by this website, they may use the Online Dispute Resolution (ODR) procedure via the following link: https://ec.europa.eu/consumers/odr. 

II_The email address for maestrodelverde.it isèinfo@vivaioaumenta.it.