GENERAL TERMS AND CONDITIONS OF SALE

1. General Provisions

1.1. These general terms and conditions of sale (“General Terms and Conditions”) apply to the offer and distance retail sales of Products (as defined below) through the website www.originar.io (“Site”).

1.2. These General Terms and Conditions are to be accurately examined by the Client before completion of the purchase of Products through the Site. These General Terms and Conditions can be printed and saved by any individual visiting the Site. The submission by the Client of a purchase order (“Order”) for a product offered on the Site entails the full and unconditioned acceptance of these General Terms and Conditions, and also of the Terms of Use of the Site.

1.3. Originàrio reserves the right to modify at any time these General Terms and Conditions. In any case, the General Terms and Conditions applicable to an Order are always the ones accepted by the Client at the time he/she submitted the Order.

1.4. For the purpose of the purchase of the Products through the Site the Client guarantees: (a) to be over eighteen years of age or, in case of a minor, to be duly authorized by his/her legal representative; (b) to be a consumer, meaning a natural person acting for purposes unrelated to the commercial, artisanal, entrepreneurial or professional business he/she is possibly leading; (c) to own a valid credit card or PayPal account; and (d) that the information he/she provides himself/herself for the execution of the agreement is correct and truthful.

1.5. The agreement with Originàrio is entered into in Italian language and is ruled by Italian law, including the Legislative Decree of September 6th, 2005, No. 206 (“Consumer Code”), and the following amendments and integrations, and the Legislative Decree of April 9th, 2003, No. 70 (“Implementation of the Directive 2000/31/CE concerning certain legal aspects of the services of information companies in the inner market, with specific reference to electronic commerce”).

2. Identification of the seller

2.1. The seller is Originàrio Ltd, an Italian company with registered office at Via Cosimo del Fante no. 7, 20122 Milan, VAT no. 08558130962, Milan Registry of Businesses registration no. 2034099, joint stock Euro 10.000,00 fully paid (“Originàrio”).

3. Product features

3.1. Through the Site, the clients (hereafter “Clients” or individually, “Client”) have the possibility of purchasing a Tasting Box, containing a combination of high quality, traditional, organic or biodynamic products, packaged individually, produced by Italian companies selected by Originàrio following the principles of the “Good and Well-Made” and of sustainability, respecting humankind and the environment (hereafter the Tasting Boxes will be referred to also as “Products”).

3.2. The Tasting Boxes are available on the website www.originar.io, in limited edition. Shall the Client be interested in purchasing individual products, he/she is kindly requested to contact the Originàrio team at the e-mail address info@originar.io.

3.3. In case the Tasting Boxes offered periodically were unavailable at the time of submission of the Order, the Client will be informed shortly by e-mail about the unavailability and the cancellation of the Order. In that case, the cancellation of the Client’s Order will happen automatically, at no charge to the Client.

3.4. The information regarding the products is provided in compliance to Articles 49 and 51 of the Consumer Code.

3.5. Originàrio attempts to provide details, descriptions and images of the products appearing on the Site as accurate as possible at the time the aforementioned information is entered; however, to the extent permitted by applicable law, Originàrio does not warrant that such details, descriptions, images of the products are accurate, complete, unfailing, up-to-date or devoid of error.

3.6. The products offered on the Site are for personal use only. The Client is not allowed to sell or re-sell the products. Originàrio reserves the right, with or without notice, to put on hold the shipment of the Tasting Box in case, at its own discretion, it had reason to believe that the behavior of the Client could result in the violation of these General Terms and Conditions.

4. Prices and shipping costs

4.1. All the prices of the Tasting Boxes displayed on the Site include VAT according to the current rates and are stated in Euro or Pound if U.K. is selected as the recipient country.

4.2. The shipping costs  (express shipping with delivery in 24/48 hours) are included in the price of the Tasting Box.  When the Client selects a destination Country other than Italy, the prices are automatically updated. In any case, the customs duty, where applicable, is at the expense of the Client. For further information regarding international shipping and customs restrictions of destination Countries other than Italy kindly contact Originàrio at the e-mail address info@originar.io.

4.3. Originàrio verifies regularly that all the prices of the Tasting Boxes displayed on the Site are correct, without however guaranteeing the lack of errors. In case of acknowledgement of the publishing of an erroneous price, Originàrio will contact the Client to verify the willingness to purchase at the correct price or the will to cancel the order.

5. Method of purchase

5.1. Each Order submitted by the Client constitutes an offer to purchase the Products through the Site. To purchase a Tasting Box, the Client is guided in the process of Order submission by means of a series of simple instructions to be found on the Site. The Client can always correct the errors in the information he/she entered or cancel the entire Order before submitting said Order. By sending the Order, the Client acknowledges and declares he/she read all the instructions given during the checkout process and accepts without reservation these General Terms and Conditions.

5.2. After the submission of the Order, the sale is final only at the time of acceptance by Originàrio, by means of an e-mail confirming that the Client’s Order has been received.

5.3. At shipping, the Client is to receive an additional e-mail containing a link. By clicking on the link the Client is able to track the shipping.

5.4. Until the Order is processed, the Client can cancel it by sending an e-mail to the address info@originar.io.

5.5. If the Client wishes to purchase multiple Tasting Boxes to be delivered to different addresses or to add personalized messages, the Client should kindly contact the Originàrio team writing to the address info@originar.io.

5.6. In addition, Originàrio reserves the right to put on hold or to cancel the execution of an Order or delivery, regardless of the nature or the current stage of the execution, in case of failure to pay or partial payment of any amounts owed by the Client, in case of issues with the payment, fraud or attempted fraud in connection to the use of the Originàrio website, also with regard to previous orders.

6. Payment methods

6.1. The Client can make the payment for the products by credit card or Paypal. When clicking with PayPal at checkout, the Client will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking payment button. If the Client does not have a PayPal account, can checkout as a guest and pay with credit card. This doesn’t require to have a PayPal account.

6.2. The price of the purchased products shall be charged once the order has been processed.

6.3. All credit cards are subject to validity check and need authorization by the issuer of the client’s credit card. Originàrio is not to be held liable in case of delay or lacking delivery of the Tasting Box due to denial or lack of authorization of the charge for any reason, before or after a payment is made.

7. Delivery and complaints

7.1. The Box is delivered Express in 24-48 hours (depending on destinations) from the order during working days and is performed by international courier.  The Box is shipped from Monday to Thursday (Wednesday for remote destinations) and is delivered at the address provided by the Client at the time of the submission of the Order. No Tasting Boxes deliveries to PO boxes shall be carried out.

7.2. All orders are processed and shipped by Originàrio. Originàrio commits to delivering the products to the address provided by the Client, within 30 days from the day following the submission date of the Client’s Order. In case of failure to execute the agreement, Originàrio shall reimburse the amounts already paid for the product, if any.

7.3. Should the Client find that he/she provided a wrong destination address, he/she is kindly requested to contact immediately the Originàrio team at the e-mail address info@originar.io.

7.4. Any complaint by the Client is to be sent to the Originàrio legal head office at Via Cosimo del Fante no. 7, 20122 Milan, or by contacting the Originàrio team at the e-mail address info@originar.io.

8. Right of withdrawal

8.1. Due to their features, nature and quality, the products sold through the Site are subject to alteration or deterioration, also as a consequence of storage that is incorrect or unfitting due to the nature of the products. As a consequence, for hygiene, health and safety reasons, the right to withdraw does not apply to the products purchased through the Site, in accordance to Article 59 of the Consumer Code, providing for the exclusion of the withdrawal right, specifically in case of:
–        Supply of goods subject to quick deterioration or expiration,
–        Supply of sealed goods that are not suitable to be returned for hygiene or health protection reasons and have been opened after the delivery.

8.2. Notwithstanding the provision of clause 8.1 above, for any request or recommendation concerning a product purchased through the Site, the Client is kindly requested to contact the Originàrio team writing to the address info@originar.io.

9. Lack of conformity

9.1. Pursuant to and in accordance with Articles 129 and following of the Consumer Code, Originàrio is liable towards the consumers for any lack of conformity existing at the time of delivery of the product. In case of lack of conformity, the consumer has the right to have the products brought into conformity free of charge by repair or replacement, or to an adequate abatement of the price or to the termination of the agreement, pursuant and in accordance with Article 130 of the Consumer Code. The consumer forfeits these rights if he/she fails to complain to Originàrio about the lack of conformity within two months from the date of finding of the lack of conformity. Originàrio is liable if the lack of conformity manifests itself within two years from the delivery of the product. The right to legal action arising from the lack of conformity expires, in any case, within twenty-six months from delivery of the product, unless Originàrio maliciously concealed the lack of conformity.

10. Processing of personal data

10.1. The Client’s personal data shall be processed in compliance with the privacy policy available at the address www.originar.io/privacy-policy

11. Jurisdiction

11.1. Any dispute concerning the application, execution, interpretation and breach of the purchase agreement shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the Client, or of the court of Milan if the Client’s domicile is abroad.

12. Resolution of disputes out of court

12.1. The Client may also apply for an out-of-court mechanism to solve any lawsuit relating to the consumer relationship with the competent bodies established by the chambers of commerce, pursuant and in accordance to the law of December 29th, 1993, no. 580, as well as to resort to the mediation procedure as per Legislative Decree 28/2010 and subsequent amendments, in compliance with the conditions provided for by the body chosen by the Client to administer the process, without prejudice to the possibility of engaging in voluntary and equal negotiation as provided for by Article 2, subsection 2, of the above-mentioned legislative decree, and of following the complaint procedures provided by the service charters.

13. Duration

13.1. These General Terms and Conditions, as modified each time, shall be applicable for the entire time of the offering of the products for sale on the Originàrio Site.

 

TERMS OF USE

1.Premises

1.1.  The Site is owned, managed, maintained and updated by Originàrio Ltd, a company established under the laws of Italy with registered office at Via Cosimo del Fante no. 7, 20122 Milan, VAT no. 08558130962, Milan Registry of Businesses registration no. 2034099, e-mail address info@originar.io (“Originàrio”).

1.2.  These Terms of Use regulate the access and use by the user (henceforth also individually “User” or collectively “Users”) of the Site. Through the Site Originàrio allows the User to access to a series of resources, including communication forums, possible download areas and information on the products available and sold through the Site.

1.3.  The User, by using the website, is deemed to have fully read, acknowledged and accepted these Terms of Use.  If unwilling to accept these Terms of Use, the User is kindly requested to cease any use of the Site.

1.4.  Originàrio explicitly reserves the right to modify or make additions to these Terms of Use. The Use of the Site following such modifications or additions entails their acceptance by the User. The most up-to-date version of the Terms of Use can be viewed by clicking on the hyperlink “Terms of Use” appearing at the bottom of the Site pages.

1.5.  The premises are an essential and substantial part of these Terms of Use.

2. Protection of copyright, trademark and of other proprietary intellectual and property rights

2.1.  The use of the Site is allowed exclusively for personal and private purposes, not for commercial ones. It is not permitted to copy, publish, communicate to the public, spread, distribute, show, remove, delete, add or in any other way modify the Site, its content or its software, nor to create work inspired by these ones, to sell them or participate in their sale, for purposes other than personal and non-commercial ones.

2.2.  Any other use of the content of this Site is strictly forbidden, including the reproduction for purposes other than personal and non-commercial usage, modification, distribution or re-release for personal and non-commercial purposes, without prior written authorization by Originàrio.

2.3.  The Site and all its content (henceforth also “Contents” or individually “Content”) such as, for example, logos, trademarks, images, icons, diagrams, photos, illustrations, text, videos and in general, audiovisual material, sounds, songs, software are owned by Originàrio or its licensees.

2.4.  The Site and the Contents are protected by national and international legislation on copyright, trademarks and designs, software and domain name protection or other intellectual and industrial property rights.

2.5.  It is expressly forbidden to damage, interfere or interrupt the access to the Site and the Contents, or perform any action that could tamper with the functioning or interfere with the access of other Users to the Site and the Contents, as well as to use the Site and the Contents illegally or to the detriment of Originàrio, or any other User of the Site.

3. Links to other sites

3.1.  The web pages composing the Site could allow the access, through special hyperlinks (henceforth also “Links”), to other websites or resources available on the Internet. Originàrio shall not be held liable for the actual accessibility of the third-party sites through the Links, nor for the contents or materials obtained by the Users through the above-mentioned sites.

3.2.  If present, the hyperlinks to other sites and the references to information, products or services of third parties linked to this Site do not represent nor shall be interpreted in any way as an endorsement of these ones by Originàrio. Any questions or comments regarding the above-mentioned sites shall be addressed to the respective operators.

4. Obligations and responsibilities of the Users

4.1.  The User commits to:

  • Utilizing the Site accordingly to the applicable law;
  • Providing information that is correct, up-to-date, non-confidential and not detrimental to intellectual property or to other third-party rights;
  • Not to post or induce others to post, upload, or in any other way make available on the Site contents (i) that are illicit, defamatory, or detrimental to the privacy of others or to other third-party rights; (ii) that are false, incorrect, or anyway misleading; (iii) for which the User received or compensated to third parties a payment; or (iv) that constitute a violation of patents, licenses, trademarks, confidential company information, copyright or of other third-party intellectual property rights;
  • Keeping the password with diligence he/she uses to access the Site, for which safety and secrecy the User alone shall be held accountable. If the User suspects unauthorized access to his/her account by a third party, the User is kindly requested to contact Originàrio immediately at the email address: info@originar.io and to change his/her password as soon as possible. Originàrio is not to be held liable for any damage ensuing from lack of diligence in the safekeeping of the password used by the User to access the Site;
  • Not to give false personal data, nor to create accounts on behalf of third parties. The User shall not create more than one account. In case od deactivation of an account by Originàrio in compliance with these Terms of Use, the User commits not to register a new one without Originàrio’s explicit consent;
  • Not to post, upload or in any other way make available viruses, advertisement, unsolicited or unauthorized promotional materials, including any form of spam, nor to modify or otherwise tamper with the contents of the Site or damage in any way their entirety.

4.2. Originàrio shall restrict, suspend or close the account of any User, liable of abusing or using the Site inappropriately. The closing of an account will entail the loss of access to the Site and of the information stored in it, without prejudice to the User’s rights provided for by the Privacy policy.

5. Warranty exclusions

5.1. The User acknowledges and accepts expressly that the Site and the Contents are given “as is” and “as available” at the moment of their fruition.

5.2. Originàrio, to the extent permitted by the applicable law, does not provide any warranty, explicitly or implicitly, in connection to the Site and the Contents such as, including but not limited to any warranty regarding safety from damaging software (i.e. malware or viruses of any sort including but not limited to file viruses, boot viruses, macro viruses and network viruses) or warranty of marketability or suitability for specific purposes.

5.3.  Originàrio does not provide any warranty regarding the successful functioning of the Site nor the fruition of its Contents.

5.4.  Originàrio places every effort in that the Contents of the Site are accurate and up-to-date.

6. Limitation of liability

6.1.  To the greatest extent allowed by the law and with the exception of cases of fraud and gross negligence, Originàrio shall not be liable in any way for damages ensuing from the use of the Site and of the Contents by the User, as well as possible damages of any kind or nature, also connected to the loss of information, if ensuing for the User from the inappropriate or incorrect use of the Site or the Contents, or from unauthorized access or an alteration of the transmission or of the information of the User, or from statements or behaviors of any third party.

6.2.  Any Content purchased or possibly downloaded from or through the Site is obtained exclusively at the User’s discretion and risk. The User alone is liable exclusively for any damage to his/her computer or for the loss of data ensuing from the use of the Site or, in case, the downloading of its Content. Within the limits provided for by the applicable law, by using the Site the User is assuming the risk connected to such use and full liability for the possible failure to use, the loss of data and, in case, the costs connected to the assistance or repair of the hardware or software used in connection to the Site, committing also not to hold Originàrio liable in any way for possible damages ensuing from the use of this Site or connected to it.

6.3.  No part of these Terms of Use implies in any way Originàrio’s commitment or obligation to preventive surveillance of the information that is stored and submitted, nor to the active investigation of facts or circumstances indicating illegal or contractually illicit activities, without prejudice to Originàrio’s rights and powers provided for by the applicable EU and national legislation.

7. Governing law and jurisdiction

7.1.  These Terms of Use are subject to Italian law and need to be interpreted according to Italian laws, without prejudice, in case, to the applicable international private law regulations. Any litigation connected to the interpretation, validity, and execution of these Terms of Use or anyhow pertinent to or ensuing from these Terms of Use will be subject without exception to the court of the place of residence or domicile of the User.

8. Protection of personal data. Privacy Policy – Reference

8.1.  Originàrio holds in especially high regard and gives the utmost attention to the privacy of its Users.  Originàrio processes personal data of the above-mentioned Users in accordance to what is provided for by the applicable law and its own privacy policy available at the following http://www.originar.io/privacy-policy/ which is an integral and substantial part of these Terms of Use.

9. Severability

9.1. If any provision of these Terms of Use becomes invalid, illegal or unenforceable such circumstance shall not impair the validity of the remaining provisions of these Terms of Use , which shall remain valid and effective between Originàrio and the User, without prejudice to Originàrio’s right to replace the invalid or unenforceable  clause or clauses with other ones in accordance with the applicable legislation.