Conditions of use

1. The contract stipulated between Demetra sas (seller) and the customer is to be intended concluded with the acceptance of the seller. Tthe acceptance is tacit, unless comunicated to the customer. By placing an order, the customer declares to have taken vision of all the information presented during the purchase procedure and to integrally accept the conditions of use hereby descripted.
   
2. If the customer is also the consumer, will provice, once the purchase procedure is completed, to print or save an electronic copy of the hereby descripted conditions of use, in compliance with art. 3 and 4 of Dlgs 185/1999 regarding distance selling.
   
3. Any right of reimbursement or responsability is declined for direct or indirect damage to persons or property caused by the non-acceptance, including partial, of an order.
   
4. Demetra sas suggests to the customer to carefully read, before any purchase, the hereby descripted conditions of use.
   
5. Demetra sas may modify, at any time and without notification, the content of the conditions of use hereby descripted. The changes will take effect from the date of publication, declared at the beginning of the document.

Purchase modalities

1. The customer may purchase online, by phone call or by email the products available on the online store www.erboristerie.com and www.dottorgiorgini.it . The products’ pictures and description canno be perfectly matching the actual item, but they can differ for color, size, accessories included in the picture and more. All the information regarding the items are to be intended as to generical informative material, not to be referred to the real characteristics of a single product and may change at any moment according to the needs of the seller and/or changes in production and selling of the supplying companies. Herbs, teas and all of the products charged by the weight are available from 100 grammi and multiples of 100g can be prepared if requested by the customer with his/her order. Multiples will be packed as a single product, unless vacuumed packaging is requested. In that case a number of packs proportional to the number of “vacuum package” items purchased will be prepared. On order prepared this way recess cannot be applied. We highly suggest to choose the vacuum packaging for a better preservation of the preparations. If the customer doesn’t choose this option the preparations will be packed in normal food-approved paper bags. The seller is not to be held responsible for vacuum-sealed packages that arrive unsealed.
   
2. The correct reception of the order is confirmed by the seller with an automated email reply sent to the email address indicated by the customer during the purchase procedure. The confirmation message will show date and time of the purchase and a “Number of Order” to be used in any further comunication with the seller. The message will include all the shipping and billing data inserted by the customer that has to verify the correctness and promptly comunicate possible corrections with the means included in this document. The lack of mail confirmation constitutes an anomaly and the customer should immediately contact the seller in that case.
   
3. In case of non-acceptance of an order the seller guarantees prompt comunication of the event to the customer.
   
4. In the case of postponed payments like bank transfers the seller will confirm the availability of the products. The customers, after receiving the confirmation of availability has to pay the order and inform the seller by sending a receipt of the payment via email. If in 3 days from the confirmation the seller will not have received the confirmation of payment, the customer will lose his/her priority concerning the availability of the products. The ordedr will remain valid unless cancelled by the customer.

Payment methods

1. PAYPAL
   In case of payment via PayPal the only valid address for the shipping will be the one indicated on PayPal. No dispute can be accepted concerning shipping addresses different from the one indicated on PayPal.
   
2. Credit card
   In case of payment with a credit card the bank institution will authorize the sum indicated at the moment of the payment. Only the amount relative to the items purchased will be charged on the customer’s credit card.
   
3. In case of canceling of an order there will be a request from the seller to cancel the transaction and the freeing of the pledged sum. Once the canceling of the transaction has been done, in no case the seller can be held responsible for any damage, direct or indirect, caused by delays in the freeing of the pledged sum from the banking system.

1. The seller may ask for a valid identification document of the owner of the credit card and, in case of refusal, may cancel the order.
   
2. At no moment of the transaction the seller will see the information regarding the credit card of the customer, therefore the seller is not to be held responsible in case of fraudulent use of the credit card of the customer.
   
3. Bank Transfer in advance
   DEMETRA SAS Calle del Toresin n°4 – 31046 Oderzo TV
   Banca Monte dei paschi di Siena
   IBAN: IT22H0103061861000001034301
   BIC/SWIFT: PASCITM1ODE
   On the notes of the transfer please report:
   1-the number of the order;
   3-name and surname of the customer.
4. Shipping and handlind costs are sustained by the customer for orders of less than 49,00 € in Italy and in case of international shipping, while they are free of charge for orders of more than 49,00 € and shippoed in Italy.
5. The seller cannot be held responsible for delays in the evasion of the order and delivery, particularly during Christmas, New Year’s Even, Epiphany, Easter and during the second half of August when evasion and ddelivery times are susceptible to delays. Orders received from 30^th December to 6^th January are evaded from 10^th January.
6. When the package is delivered by the courier, the customer must check the integriry of the packaging, no damage, alteration should show neither on the box nor on the sealing. Possible damage or non-correspondance with the number of packages should be immediately contested to the courier. Once the customer will have signed the courier’s receipt without signaling any problem, no claim will be accepted. The goods are delivered at the own risk of the customer.
7. Any problem regarding integrity and correspondance of the content but be comunicated to the seller within 7 days from the delivery, according to the modality described in this document.
8. If within 5 days of  collection of the stocked package at the courier’s warehouse, due to inability of delivery due to customer’s absence the package will be sent back to the seller and will be available to the customer only after the payment of the delivery and stocking costs.
9. Right of withdrawal
   Pursuant to and for the purposes of art. 64 of the consumer code (D.lgs 206/2005), if the customer is a consumer (i.e. a person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form at www.erboristerie.com and / or www.dottorgiorgini.it a VAT number reference) has the right to withdraw from the contract, without any penalty and without specifying the reason, within the term of 14 working days, except as established by art. 65 paragraphs 3, 4 and 5 of the Italian consumer code.The right of withdrawal is exercised by sending, within the set terms (14 days), a written communication to be sent to Demetra sas calle del Toresin, 4 – 31046 Oderzo (TV) by registered letter with acknowledgment of receipt. The communication can be sent, within the same term, also by telegram, certified e-mail and fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours; the registered letter is considered sent within the time limits if delivered to the accepting post office within the terms provided for by the code or, by the contract, if different. Once the right of withdrawal has been exercised, the Customer must, at his own expense (art. 67 Italian consumer code) and with the courier of his choice, ship the product carefully packed in the original packaging (in turn packed in a new larger package) , complete with every accessory and everything originally contained.The Customer may, if necessary, insure the shipment against theft and transport damage by taking care of the relative costs. If the returned product has not been insured for the value indicated on the invoice, in case of damage or loss occurred during transport, the seller reserves the right to charge for any damage suffered by retaining them from the sums to be refunded.

   Within 14 days, and in any case within the terms established by law, the seller will refund the amount paid. The refund will preferably take place with the same payment methods used by the customer at the time of the order: credit back to the current account in the case of payment by bank transfer, cancellation of the transaction in the case of online payment by credit card. In the case of cash on delivery, instead, the customer will provide Demetra sas with a current account number in his name indicating the IBAN bank details also directly on the withdrawal form itself or subsequently in another way. Exception made for expenses due to restoration of damaged products .

10. Il diritto di recesso è comunque sottoposto alle seguenti condizioni:
    – il diritto si applica al prodotto acquistato nella sua interezza; non è possibile esercitare recesso solamente su parte del prodotto acquistato (es.: accessori, allegati, singolo pezzo di ordine multiplo, ecc…);
    – il diritto non si applica ai prodotti audiovisivi o a musicali sigillati (compresi quelli allegati ad altri prodotti), una volta aperti;
    – il diritto non si applica ai prodotti formulati per espressa richiesta del cliente come ad esempio tisane composte, erbe officinali sfuse confezionate al momento su richiesta e formulazioni floreali con formule create ad hoc;
    – il diritto non si applica ai prodotti non disponibili ma resi disponibili successivamente all’ordine perché a sua volta ordinati e procurati ad hoc alle aziende fornitrici al fine di evadere l’ordine per espressa richiesta del cliente;
    – il bene acquistato dovrà essere integro e restituito nella confezione originale, con i sigilli intatti, completa in tutte le sue parti (compresi imballo ed eventuale documentazione e dotazione accessoria: manuali, allegati, ecc…); per limitare danneggiamenti alla confezione originale, raccomandiamo, quando possibile, di inserirla in una seconda scatola; va evitata in tutti i casi l’apposizione di etichette o nastri adesivi direttamente sulla confezione originale del prodotto;
    – a norma di legge, le spese di spedizione relative alla restituzione del bene sono a carico del cliente (art. 67 codice consumo) che ha quindi facoltà di assicurare la spedizione contro il furto e i danni da trasporto facendosi carico delle relative spese e quindi la spedizione, fino all’attestato di avvenuto ricevimento nel nostro magazzino, è sotto la completa responsabilità del cliente;
    – in caso di danneggiamento del bene durante il trasporto, Demetra sas darà comunicazione al cliente dell’accaduto (entro il 5° giorno dal ricevimento del bene nei propri magazzini), per consentirgli di sporgere tempestivamente denuncia nei confronti del corriere da lui scelto e ottenere il rimborso del valore del bene (se assicurato); in questa eventualità, il prodotto sarà messo a disposizione del cliente per la sua restituzione, contemporaneamente annullando la richiesta di recesso;
    – Demetra sas non risponde in nessun modo per danneggiamenti o furto/smarrimento di beni restituiti.
    – al suo arrivo in magazzino, il prodotto sarà esaminato per valutare eventuali danni o manomissioni non derivanti dal trasporto. Qualora la confezione e/o l’imballo originale risultino rovinati e non più vendibili, Demetra sas provvederà ad informare il cliente e il prodotto sarà eventualmente messo a sua disposizione per la restituzione, contemporaneamente annullando la richiesta di recesso;
11. The right of withdrawal is however subject to the following conditions:
    – the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, attachments, a single piece of multiple order, etc …);
    – the law does not apply to audiovisual products or sealed musical products (including those attached to other products), once opened;
    – the law does not apply to products formulated by express customer request such as, for example, herbal teas, loose medicinal herbs packaged at the moment on request and floral formulations with formulas created ad hoc;
    – the law does not apply to products not available but made available after the order because in turn they are ordered and procured ad hoc to the supplier companies in order to fulfill the order by express request from the customer;
    – the purchased good must be intact and returned in the original packaging, with the seals intact, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, attachments, etc …); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; the affixing of labels or adhesive tapes directly on the original product packaging must be avoided in all cases;
    – by law, the shipping costs related to the return of the goods are charged to the customer (art. 67 of the Italian consumer code) who therefore has the right to insure the shipment against theft and transport damage by taking charge of the related costs and therefore the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
    – in the event of damage to the goods during transport, the seller will notify the customer of the accident (within the 5th day of receipt of the goods in its warehouses), to allow them to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
    – the seller is not to be held responsible in any way for damage or theft / loss of returned goods.
    – upon arrival in the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the original packagings are damaged and no longer saleable, the seller will inform the customer and the product will eventually be made available for return, simultaneously canceling the request for withdrawal;
12. Complaints
    Any complaint must be filed to: Demetra s.a.s. di Ambrosi Marco & C. Calle del Toresin n°4 – 31046 Oderzo TV within 3 days of the delivery of the goods.
13. Returns
    No returns are considered accepted before opening a complaint which must be accepted by the seller. All returns, included warranties and non-conformity complaints are at the expense of the customer.
14. Relevant laws
    The sale contract between the seller and the customer is done in Italya and according to the Italian law. For civil and criminal controversies the jurisdiction is held by Foro di Oderzo (TV)
15. Varie
    If the user experiences any pathology and if the products are used for a general or particular improvement of psycho-physical well-being, please remember that the user must consult the doctor before any consideration regarding his own health. Demetra sas declines any responsibility deriving from an incorrect and / or improper use of the information and / or products supplied.Some substances are prescribed in other countries and cannot be sold online. Therefore the following items cannot be shipped in the respective states indicated in the parentheses:
    – Gingko Biloba, Tribulus Terrestris (Ireland)
    – Turnera Diffusa, Astragalus Membranaceus (Japan)
    – Rodiola Rosea (Brazil)
    – Melatonin (Germany, Ireland, Israel, Japan)
    – Griffonia Simplicifolia (5-HTP) (Germany, Japan)

Demetra s.a.s. di Ambrosi Marco & C. Calle del Toresin n°4 – 31046 Oderzo TV