Terms and Conditions

1.1 Any sale on the Website constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 (Consumer Code) and Legislative Decree 9 April 2003, no. 70, containing provisions on electronic commerce.

1.2 These General Terms and Conditions of Sale apply to all sales made by the Seller on the Website. The terms indicated are to be understood as business days, thus excluding Saturdays, Sundays, and national holidays.

1.3 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be effective from the moment they are published on the Website. You are therefore invited to regularly access the Website and consult the most updated version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in force on the date of sending the purchase order.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller who may be present on the Website via links, banners, or other hyperlinks. Before conducting commercial transactions with such parties, it is necessary to verify their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not perform any control and/or monitoring on the websites accessible through such links. The Seller is therefore not responsible for the content of these sites nor for any errors and/or omissions and/or violations of law by them.

1.6 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Website.

1.7 The submission of the purchase order constitutes acceptance of these General Terms and Conditions of Sale.

ART. 2. PURCHASES ON THE WEBSITE

2.1 Purchases on the Website

can be made after registering on the Website or without, and

are permitted for both users who are consumers and users who are professionals. Pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, it is recalled that a consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out; while pursuant to Article 3, paragraph 1, letter c) of the Consumer Code, a professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or an intermediary thereof.

2.2 In the case of orders, from whomever they come, which appear anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders originating from:

a user with whom the Seller has an ongoing legal dispute

a user who has previously violated the General Terms and Conditions of Sale

a user who has been involved in crimes

a user who has provided false, incomplete, or otherwise inaccurate identification data or who has not promptly sent the documents requested by the Seller or has sent invalid documents.

ART. 3. WEBSITE REGISTRATION

3.1 To register on the Website, you must fill out the appropriate form, entering the following data:

name

surname

email

password

3.2 You undertake to immediately inform the Seller if you suspect or become aware of improper use or improper disclosure of your Website login credentials.

3.3 The user registered on the Website guarantees that the personal information provided by them is complete and truthful and undertakes to indemnify and hold the Seller harmless from any damage, compensation obligation and/or penalty deriving from and/or in any way connected to the user's violation of the rules on Website registration or on the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller's right to disable the user's account.

ART. 4. INFORMATION FOR THE CONCLUSION OF THE CONTRACT

4.1 In accordance with Legislative Decree 9 April 2003, no. 70 concerning electronic commerce, the Seller informs you that:

to conclude a purchase contract on the Website, you must fill out an electronic order form and transmit it to the Seller, electronically, following the instructions that will appear from time to time on the Website

the contract is concluded when the order form reaches the Seller's server

once the order form is received, the Seller will send you an order confirmation to the email address provided, containing:

information related to the characteristics of the purchase

the price indication.

ART. 5. PRODUCT AVAILABILITY

5.1 The Products offered on the Website are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product simultaneously, that the ordered Product is no longer available after the purchase order has been transmitted.

5.2 Information regarding the availability of each Product is present on the Website.

5.3 You will be informed in case the ordered Product is unavailable. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of what is provided for in art. 61, IV and V paragraph, of the Consumer Code.

5.4 Alternatively, you may accept:

if restocking is possible, a deferral of delivery terms, offered by the Seller, with an indication of the new delivery term

if restocking is not possible, the Seller will provide a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.

5.5 If a refund is requested for the payment made for the purchase of Products that subsequently proved unavailable, the Seller will issue the refund within a maximum of 15 days.

5.6 In the event that you exercise the right of termination referred to in art. 61, IV and V paragraph, Consumer Code, the contract is terminated; if the payment of the total amount due, consisting of the Product price, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the "Payment methods" article below.

ART. 6. INFORMATION SHEET

6.1 Each product is accompanied by an information page illustrating its main characteristics (Information Sheet). The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or the computers you use to view them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and with customary tolerances.

ART. 7. PRICES

7.1 All Product prices published on the Website can be changed by the seller at any time.

7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to You will be that indicated on the Website at the time of placing the order and that any subsequent variations (upwards or downwards) after its transmission will not be taken into account.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with its transmission.

ART. 8. PURCHASE ORDERS

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or successful crediting of the Total Amount Due. Ownership of the Products will be transferred to You at the time of shipment, meaning the moment the Product is delivered to the carrier. The risk of loss or damage to the Products, due to causes not attributable to the Seller, will instead be transferred to You when You, or a third party designated by You and different from the carrier, physically take possession of the Products.

The Service You have chosen will only be performed after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after You have submitted Your purchase order, it is ascertained that You have not paid all or part of the Total Amount Due.

8.2 The purchase contract is subject to the condition precedent of non-payment of the Total Amount Due. Unless otherwise agreed in writing with You, the order will consequently be cancelled.

ART. 9. PAYMENT METHODS

9.1 The following payment methods are accepted on the Website:

Payment card

PayPal

Klarna

Cash on delivery (payment upon delivery with an additional fee of 6 euros)

Bank transfer (our payment details will be sent to you after placing your order)

Apple Pay

Google Pay

Shop Pay

9.2 The Seller accepts credit cards from the following circuits:

VISA

MasterCard (Cirrus Maestro)

American Express

These are, in any case, indicated in the footer of every page of the Website.

On the Website, you will have the option to authorize the storage of the payment card data entered and their reuse for the payment of subsequent purchases on the Website. You can revoke the authorization for the reuse of payment card data for subsequent purchases by following the instructions on the Website.

The charge will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuing company of the payment card you used has authorized the charge.

The confidential payment card data (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the Seller's servers. Therefore, the Seller never has access to and does not store, even if You choose to store such data on the Website, the data of Your payment card used for the payment of the Products.

The charge will be made at the time of order transmission.

9.3 On the Website, it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with the Seller. The Seller is therefore unable to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.

In the case of payment via PayPal, the Total Amount Due will be debited from you by PayPal simultaneously with the conclusion of the contract through the Website. In the event of termination of the purchase contract and in any other case of refund, for whatever reason, the amount of the refund due to you will be credited to your PayPal account. The timing of crediting to the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once the credit order has been issued in favor of that account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made under these General Terms and Conditions of Sale will be credited to your PayPal account.

ART. 10. DELIVERY OF PRODUCTS

10.1 There are no delivery limitations, except in cases eventually indicated on the Website and/or in the Product Sheet.

10.2 Shipping costs are indicated from time to time on the Website and/or in the Product Sheet.

10.3 From the date of order submission, Products will be delivered within twenty days from the date of conclusion of the contract.

10.4 It is Your responsibility to check the condition of the delivered Product. Notwithstanding that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when You, or a third party designated by You and different from the carrier, physically takes possession of the Product, the Seller recommends that You check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including in the sealing materials, and You are invited, in Your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is appropriate to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if applicable to the Product) and legal guarantee of conformity remains valid.

ART. 11. RIGHT OF WITHDRAWAL

11.1 If you qualify as a consumer, you have the right to withdraw from the product purchase contract without having to provide any reason and without incurring costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 30 days:

a. in the case of an order relating to a single Product, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the last Product; or

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the last lot or piece.

11.2 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in at least one of the following ways:

Email: info@gardenmac.com

Or through the website section: Contacts

Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.

11.4 In case of exercising the right of withdrawal, you must consult the Warranty and Returns page.

11.5 The direct costs of returning the Products are at your expense as indicated on the Warranty and Returns page.

11.6 You are solely responsible for any diminished value of the goods resulting from the handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and instruction sheets, with identification tags, labels and the disposable seal, where present, still attached to the Product and intact and untampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.7 If the withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Seller will notify the user upon receipt of the Product, rejecting the withdrawal request. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.

ART. 12. LEGAL WARRANTY

All Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).

WHO IT APPLIES TO

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out.

WHEN IT APPLIES

The Seller is liable to the consumer for any lack of conformity of the Product that becomes apparent within two years of its delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is presumed that defects of conformity that become apparent within six months of the delivery of the Product already existed at that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the defect of conformity. From the seventh month after the delivery of the Product, it will be the consumer's responsibility to prove that the defect of conformity already existed at the time of delivery.

In order to benefit from the Legal Guarantee, the consumer must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purpose of such proof, to keep the purchase invoice or any other document that can attest to the date of purchase (for example, the payment card statement) and the date of delivery.

In case of termination of the contract, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs, and any other additional costs. In case of price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the payment method or solution used by the consumer for the purchase.

The Seller is not responsible for damages, of any nature whatsoever, resulting from improper use of the Product and/or non-compliance with the instructions provided by the manufacturer, as well as for damages resulting from unforeseeable circumstances or force majeure.

If you have made the purchase as a "professional" as provided for by the Consumer Code, the preceding paragraphs of this article do not apply. The legal guarantee provided for by art. 1490 of the Civil Code will apply to your purchase on the Website.

ART. 13. MANUFACTURER'S CONVENTIONAL WARRANTY

13.1 Products sold on the Website may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can enforce this warranty only against the manufacturer. The duration, scope (also territorial), conditions and methods of use, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Guarantee.

ART. 14. APPLICABLE LAW AND COMPETENT COURT; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION/ONLINE DISPUTE RESOLUTION

14.1 Purchase contracts concluded through the Website are governed by Italian law. The application of any more favorable and unavoidable provisions provided by the law of the country in which they have their habitual residence is reserved for consumer users who do not have their habitual residence in Italy.

14.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the Court where the Seller has its registered office, as provided for in Article 1 above, is competent.

14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that, in the event that he has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the dispute that arose, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in arts. 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.

14.4 The Seller also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which they are involved.

14.5 In any case, the right of the consumer user to appeal to the competent ordinary court for the dispute arising from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court dispute resolution procedure relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

14.6 Users residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

ART. 15. CUSTOMER SERVICE AND COMPLAINTS

You can request information, send communications, request assistance, or submit complaints by contacting the Seller in the following ways:

by email, at the following address: info@gardenmac.com

The Seller will respond to complaints submitted within 2 days of receiving them.

ART. 16 DISCLAIMER OF LIABILITY

• Products sold on Gardenmac.com are intended exclusively for professional or domestic use by competent persons with experience in their use. The company is not responsible for damage to persons or property resulting from improper, incorrect, or negligent use of purchased products.
• The company assumes no responsibility for indirect, special, incidental, or consequential damages arising from the purchase or use of the products, nor for damages caused by use not conforming to the instructions and warnings contained in the user manual or product labeling.

2. Warnings

Make sure to include warnings and precautions on the website and/or in the product use instructions. You can insert a section where you warn customers about the dangers associated with the use of certain tools. An example could be:

• Before using our products, make sure to read the instructions carefully and wear the necessary protective equipment (gloves, goggles, safety shoes, etc.).
• Products such as scissors, pruning saws, and agricultural tools are designed to be used only by experienced and knowledgeable individuals. Using these tools without due care and precaution can lead to a risk of injury, precisely due to the nature of these products (sharp blades, chains, etc.).