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GENERAL TERMS AND CONDITIONS OF ONLINE SALE 

(“GTCOS”) 
(Version “00”) 

CONTENTS 
1. Premise 
2. Definitions 
3. Scope of application 
4. User obligations 
5. Registration to the website and use of Identification Codes 
6. Attributable signature 
7. Purchase and order processing procedure 
8. Conclusion and legal effect of the Contract, refusal and execution 
9. Availability of Products. Shipping and delivery 
10. Grounds for exclusion of the right to cancel for consumers 
11. Warranties 
12. Applicable law 
13. Conciliation and Jurisdiction 

1. Premise 
1.1. These GTCOS have been adapted to the changes made to the Italian Consumer Code by the Italian Legislative Decree no. 21 dated 21 February 2014 which is valid for contracts concluded from 13 June 2014 onwards. The following GTCOS govern the commercial relationships originating from online transactions between Euro Company S.p.A. Società Benefit (“Euro Company”) and users, as hereinafter specifically defined. 
1.2. In compliance with the applicable national, general, and special regulations, GTCOS regulate the supply and sale of food goods (“Products”), produced, marketed and distributed by Euro Company through the e-commerce platform hosted on the website accessible at the URL: http://www.nuturally.com (“Site”), which operates through the B2C (Business to Consumer) sales channel. 
1.3. The ownership and management of the Site as well as the ownership of the rights to the domain name nuturally.com are property of Euro Company, whose details are given in full on the About Us page. 
1.4. For anything not provided for by these GTCOS, please refer to the following pages published on the Site: 
(i) Notices, 
(ii) Privacy Policy, 
(iii) Cookies Policy 
and other communications published on the Site and/or sent by Euro Company. 
1.5. Euro Company invites Users to carefully read and keep a record of GTCOS, Notices and Policies published on the Site. These documents are freely downloadable by Users and published by Euro Company respecting the methods that make it possible to store and hold the same in compliance with the law. 

2. Definitions 
2.1. The following expressions set out in the contract in capital letters (whether singular or plural) shall have the respective meanings: 
(i) Site: website and social channels associated with it. 
(ii) Navigator: a natural person who navigates the web and arrives on the Site. 
(iii) User: Navigator who intends to conclude a contract of sale with Euro Company and who assumes the status of 
— Customer: natural person acting, in any capacity, on behalf of an entity, association, company and/or legal person, i.e. professional with VAT number; 
— Consumer: a natural person who, pursuant to the Italian Consumer Code, acts for purposes other than any business or professional activity carried out. 
Consequently and for the purposes of these GTCOS, unless it is necessary as the case may be to make a distinction between the two categories of contracting parties in compliance with applicable consumer protection legislation, Customers and Consumers shall be qualified as Users without distinctions. 
(iv) Privacy Policy: privacy policy published by Euro Company on the Site, relating to the processing of Users' personal data. The information can be found on the Privacy Policy page. 
(v) Data: Personal data of Users, provided in accordance with the Privacy Policy, for example by filling out the form to register on the Site or by sending an Order. 
(vi) Product: the object of the individual Transaction, hereinafter defined. Information relating to the Products collected in the relevant data lists shall not be considered binding for Euro Company except in the forms and in the manner prescribed by the GTCOS, without prejudice to applicable Italian Consumer Code and other mandatory legislation. Please note that the list contains the data and information deemed essential to illustrate the characteristics and qualities of the Product; in case of particular needs, such as (but without limitation) for suspicion relating to intolerances and/or allergies of any kind, it is the duty of Customers or Consumers to ask Euro Company for additional information about the Product before sending the Order, by means of the contact details available on the Site; 
(vii) Online shop: e-commerce platform hosted by the Site. The information in the online store is available in English and in any other languages indicated on the Site; 
(viii) Parties: Euro Company, Customers and Consumers; 
(ix) Contract: Agreement for the sale of one or more Products concluded electronically between the Parties under the GTCOS. The Contract shall be deemed to be concluded at the place where Euro Company has its registered office. The conclusion of the Contract on the Site shall be reserved for all Users who have reached, at the time of conclusion, the age of majority under Italian law. 
(x) Transaction: any transaction performed electronically which results in the creation of obligations upon the Parties. 
(xi) Registration: the free and voluntary operation involving the issuing of authentication credentials (“Identification Codes”) in the form of a User ID (e-mail address) and a Password (alphanumeric code) allowing access to the User Area (login). Registration shall have the function of uniquely identifying Users for purchases made over time and to improve the usability of the Site, including access to a reserved area. The Registered User shall have the specified rights described below. 
(xii) Price: the amount to be paid for the purchase of the Product and valid solely for Users. It is expressed in euro, shown in the Product list, and shall be deemed to be inclusive of VAT where applicable, unless otherwise stated. 
(xiii) Charges: additional charges for Users for the purchase of the Product, such as, but without limitation to, shipping costs (including packaging). These Charges shall in all circumstances be made clear to the Users before the conclusion of the Contract. 
(xiv) Financial intermediary: the entity affiliated with Euro Company, through which the payment of the Price and Charges may be made (for example Paypal, credit institution, etc.). 
(xv) Order: purchase order sent by Users in compliance with these GTCOS, followed by order confirmation from Euro Company. 
(xvi) Delivery: for the purposes of exercising the rights provided for by warranties, this is deemed to be the physical receipt of the Product being sold, regardless of the person(s) (logistic or postal operators) that handle(s) the related activities and physically carry(ies) out the Delivery to the User. Further information on shipping and delivery methods is provided on the Site. 

3. Scope of application 
3.1. GTCOS may undergo changes and additions over time and are therefore published with a progressive identification number and the month of publication, starting from the first version of May 2014, bearing the identification number "00". GTCOS shall come into in effect from the moment of their publication on the Site. Users are invited to regularly access the Site and to check the applicable GTCOS. The GTCOS in force at the time of receipt of the Order shall apply. 
3.2. GTCOS shall not regulate the sale of products and/or the provision of services other than Products that are listed on the Site via links, banners, or other hypertext links. 

4. User Obligations 
4.1. By accepting the GTCOS and concluding the Contract, the User declares that they have carefully read the documents referred to in the Premise. By submitting Orders and making purchases, the User guarantees that they are of legal age. 
4.2. The User also undertakes to: 
(i) comply with the Notices and the present GTCOS, as well as printing them, consulting them before placing the Order, and storing them; 
(ii) use the Site only to consult it with regards to the Products, to send Orders, and/or request information about the Products, and to conclude Transactions; 
(iii) enter truthful and correct data during the registration process on the Site and in any further communications sent to Euro Company; 
(iv) promptly update the data and information provided directly in the reserved area of the Site or through communication to Euro Company, using the form on the Site or the e-mail address: info@nuturally.com; 
(v) not to enter third-party and/or false and/or fictitious data; 
(vi) indemnify Euro Company from any liability arising from the issue of incorrect tax documents due to errors in the Data provided by the User, who shall be solely liable for their input; 
(vii) Subject to compliance with the provisions regarding the protection of Euro Company's industrial and intellectual property, as included also in the Notices, the User undertakes to use the images on the Site for solely personal purposes and which are integral to the purchase of the Product. Reproduction, publication, and dissemination of the same for commercial purposes is strictly prohibited, without prejudice to any specific written agreement with Euro Company. It is hereby agreed and understood that this prohibition shall not be applicable to social networks and portals that support the sharing of images and comments (Facebook®, Pinterest®, etc.), without prejudice in any circumstance however to title rights of Euro Company. 

5. Registration to the website and use of Identification Codes 
5.1. Navigators may register and create a personal account on the Site. To complete the registration procedure, users must fill out the relevant form, entering the Data requested therein. This Data shall be processed by Euro Company in compliance with the Privacy Policy that may be consulted on the Site. 
5.2. The Navigator shall be wholly and solely liable for the accuracy and truthfulness of the data provided during the registration to Euro Company, and hereby undertakes to keep such Data updated under the procedures provided for on the Site. 
5.3. Account holders have the right to cancel the Order sent to Euro Company, in compliance with the procedures provided by the Site, by midnight of the working day following receipt of the Order confirmation. The Order shall be deemed to have been cancelled upon receipt of the confirmation by Euro Company. 

6. Attributable signature 
6.1. The Navigator agrees to apply the principle of attributable signature to Transactions which are in any way attributable to their act or manifestations of their will and/or consent expressed in the context of the Site. 
6.2. By virtue of the principle of attributable signature, the User shall always and in any case be responsible for the acts carried out through the use, and abuse, of the Identification Codes attributable to the same. The Navigator undertakes, therefore, to take every precaution necessary to ensure the secrecy and proper use of the Identification Codes, the use of which shall be solely personal. The Navigator shall therefore be solely liable for any acts carried out through the use of the above Identification Codes. In the event of suspected abuse, improper use and/or disclosure to third parties of the Identification Codes, the Navigator shall be required to promptly notify Euro Company. 
6.3. Euro Company may therefore legitimately hold the User to be bound to all the aforementioned expressions of will and/or consent unless they are clearly flawed by a de facto error (for example, an abnormal order). 

7. Purchase and order processing procedure 
7.1. To begin the Contract’s final procedure on the Site, Users should first consult the product list and then select and add the Products to the Basket, check the Order summary and, having chosen their method of payment, place the online Order with Euro Company by following the instructions as shown on the Site, which may also be in the form of a simple click icon accompanying them through the different phases summarized below. 
7.2. Users may place an Order in the following ways: 
(i) by consulting the online catalogue and checking the Product features as described in the relevant list. The Navigator will be able to access the product list by clicking on the Details button; 
(ii) by selecting the individual Product and the quantity they wish to buy; 
(iii) by further continuing the purchase session with the addition of Products to the Cart, using the Add to cart button; 
(iv) by completing the selection of Products and starting the procedure to complete the purchase, using the Check out button; 
(v) before completing the Order, Users are invited to enter their Data through one of the following alternative options: 
ü accessing their account, if they have already registered, 
ü user registration, filling out the User registration form and creating a user profile, 
ü creating a user profile required to complete the Order, including Data elated to the billing and delivery of the goods supplied; 
(vi) once the user profile has been created, Users may complete the purchase by clicking on the Order Confirmation button; 
(vii) verification of the order summary, including shipping charges; 
(viii) online confirmation of the Order in compliance with the instructions and acceptance of the General Terms and Conditions of Online Sale (GTCOS); 
(ix) payment of the Price (in addition to the Charges specified in the Order Summary), in compliance with the instructions and process provided for. Failure to accept GTCOS shall render it impossible to complete and send the Order; 
(x) receipt of email confirming receipt of the Transaction, with summary of the Order and other useful information. 
7.3. Before completing the Order, Users are invited to verify the accuracy of the Order and to correct any errors. 
7.4. The Order shall be stored in the Euro Company database for the time necessary for the fulfillment thereof, or otherwise in compliance with the law. Users may access their Order only if they are registered. 

8. Conclusion and legal effect of the Contract, refusal and execution 
8.1. As provided for in paragraph 7.2.x. above, the receipt of the Order by Euro Company and the conclusion of the Contract shall be communicated by e-mail to the User at the e-mail address provided upon registration. The confirmation message shall contain the details of the Order, Price, Charges for the Products purchased, and payment method chosen by the User. 
8.2. Euro Company reserves the right to refuse Orders — returning any amount paid by Users — (i) from persons who have violated legal provisions, GTCOS, Notices, and other instructions published on the Site, (ii) that are abnormal in relation to the quantity of the Products purchased or the frequency of the same; (iii) that have clearly been elicited, affected and/or spoiled by an error and/or any technical-computer bug in the e-commerce platform, the Site and any other computer system that interacts directly and/or indirectly with the Website and e-commerce platform used by Euro Company. 
8.3. Euro Company shall enter into the execution of the Contract only upon receipt of payment of the Price and Charges and shall inform the User of the shipping of the Products, either directly or through its own courier service. 
8.4. If the User is an account holder, they shall have the right to modify the Order within the timeframe and in accordance with Article 5.3 of these GTCOS. 
8.5. Euro Company shall fulfil its obligations through the Delivery of the Products referred to in the Order, within the expected time frame stated on the Site and according to the shipping methods chosen by the User. 
8.6. Without prejudice to Consumer Rights, the terms of Delivery indicated on the Site shall not be of the essence for the purposes of performing the Contract and should be considered to be purely indicative. 
8.7. Any liability in relation to the correct debit of payments made through the optional systems on the Site and the processing of related data (credit card) shall be solely attributable to the Financial intermediaries and/or issuing institutions or that otherwise manage the service (for example, Paypal). 

9. Availability of Products. Shipping and delivery 
9.1. The User may purchase the Products indicated in the electronic catalogue that can be consulted on the Site within the limits of their availability. The Product database shall be constantly updated by Euro Company. 
9.2. In the event that the purchased Product is no longer in stock, Euro Company undertakes to report it promptly to Users with an indication of any alternative products and/or different delivery dates. Users will be able to exercise their respective rights. 
9.3. Euro Company shall be deemed to have fulfilled its obligations upon the Delivery of goods supplied under the Contract to the courier which it may, from time to time, use in compliance with the preselected service as set out in the Shipment and Delivery page. 
9.4. Without prejudice to Consumer Rights, the Parties hereby agree that the Delivery times set out on the Site are not of the essence for the purposes of the conclusion of the Contract and should be considered to be merely indicative. 
9.5. Euro Company shall not be liable for delay or non-delivery due to force majeure or fortuitous circumstances. 
9.6. If Delivery to the address indicated by the User fails due to unavailability of the User or unjustified refusal to accept the Products, Euro Company reserves the right to charge the User for return costs, which shall be deducted from the reimbursement owed to the User. 

10. Grounds for exclusion of the right to cancel for consumers 

10.1. You have the right to cancel this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, took possession of the last goods.   
10.2. The right to cancel shall not apply to the following contract types:

  • contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or provision by the consumer is essential or clearly tailored to the personal needs of the consumer,
  • contracts for the supply of goods that can quickly spoil or whose expiry date would be quickly exceeded,
  • contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
  • contracts for the supply of goods if these have been inseparably mixed with other goods after delivery due to their nature,
  • contracts for the supply of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be supplied at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the contractor has no control,
  • contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
  • contracts for the supply of newspapers, periodicals or magazines other than subscription contracts. 

11. Warranties 
11.1. Euro Company shall ensure that the 24-month legal warranty for consumers as provided for by the Italian Consumer Code applies. For the return of Products that the Consumer judges to be spoiled and/or defective and/or non-compliant, Euro Company reserves the right to request the they send photographs together with attached images of the Product for which they are making claim in order to benefit from the warranty referred to in the Italian Consumer Code, with proof, where possible, of the reason for invoking the warranty. In case Euro Company accepts the Consumer's complaint, it will send a notification to the same containing the authorization to and instructions for the return of the Product, which shall be at the expense of the same. The Consumer is kindly requested to await instructions or any suggestions from Euro Company before returning the Product. In the case of non-compliance of the above conditions (for example, failure to authorize the return or return by a courier other than the one designated by Euro Company), the warranty shall not apply or may otherwise not operate, either in whole or in part. 
11.2. Euro Company hereby requests that the Customer scrupulously check the condition of the Product at the time of receipt and anyway before putting it up for sale to the public. Any complaint relating to faults and/or defects of the Products must be sent to Euro-Company via e-mail to the address info@nuturally.com with images of the Product attached highlighting the alleged imperfection and/or defect without fail within eight (8) days from delivery, subject to revocation. Returns will not be accepted unless previously authorized in writing by Euro Company, which will examine the returned items in order to verify that there is a defect for which it is directly liable, and only in this case and at its sole discretion shall it replace Products it agrees to be spoiled and/or defective. The costs and risks arising from the return of the goods shall in all circumstances be fully borne by the Customer. Any other warranty, including statutory warranties, and any other provisions provided for by law in favour of the Customer shall be deemed to be excluded and superseded by these GTCOS. Notwithstanding the provisions of the Italian Consumer Code (Italian Legislative Decree No. 206/2005), the Customer may not exercise the right of recourse against Euro Company. 

12. Applicable law 
12.1. Without prejudice to the right of the Consumer to benefit from the rights provided by their own country's laws, the GTCOS and all Contracts concluded on-line on the Website shall be exclusively governed by Italian law. 
12.2. In particular, the contracts concluded by Euro Company through the Website shall be governed by Italian Legislative Decree No. 206 dated 6 September 2005 (“Italian Consumer Code”) as amended and extended, and by Italian Legislative Decree No. 70 dated 9 April 2003 (“E-Commerce Decree”) as amended and extended. 

13. Conciliation and jurisdiction 
13.1. For any dispute between the consumer and Euro Company, the court in whose district the consumer has their residence or domicile shall be the competent jurisdiction. For all disputes resulting from Contracts concluded online, from Transactions and from the GTCOS, including those relating to existence, effectiveness, or interpretation, Euro Company and the Consumer, before approaching the abovementioned judicial authorities, are entitled to use the conciliation service regulated by the rules of the Conciliation Service of the Chamber of Commerce of Ravenna or any other equivalent conciliation service provided by the Chamber of Commerce or by any other legally authorized entity which the Consumer has approached. 
13.2. For all disputes resulting from Contracts concluded online, from Transactions or from the GTCOS, including those relating to existence, effectiveness, interpretation, Euro Company and the Customer, before approaching the competent judicial authority, shall rely upon the conciliation service governed by the rules of the Conciliation Service of the Chamber of Commerce of Ravenna, that they hereby declare they are cognizant of and accept fully. With regards solely to Customers, if the conciliation has been unsuccessful or has not been started or concluded because of inaction on the part of the Customer, the exclusive jurisdiction for all disputes relating to Transactions and/or Contracts shall be the registered office of Euro Company, without prejudice to the right of Euro Company to sue the Customer before any Court with jurisdiction over the same Customer. 

NOTICES 

(Version “00”) 

CONTENTS 
1. Premise 
2. Definitions 
3. Site Access 
4. Reference 
5. Navigator Obligations 
6. Information on the site 
7. Links and malware 
8. Industrial and intellectual property 
9. Limitations of liability 

1. Premise 
1.1. With these terms and conditions, Euro Company S.p.A. Società Benefit with registered office in Via Faentina, No.280/286 Godo – 48026 Russi (RA) Italy, VAT No. 00444060396 (“Euro Company”), hereby sets forth the rules to access and navigate its website which can be accessed at URL: http://www.nuturally.com (the “Site”). 
1.2. The Site, which is owned by Euro Company, is managed by the same at its sole discretion but subject to Italian legislation. 
1.3. Euro Company is the de facto owner of the rights on Nuturally (“Trademark”), recognized by the Italian Civil Code, by the Italian Industrial and Intellectual Property Code, and by European case law and legislation, and of the related domain names and distinctive signs that contain it (“Distinctive marks”). 

2. Definitions 
2.1. Unless otherwise specified, the expressions indicated by the capital letter (both singular and plural) shall have the meaning shown on the general conditions of sale page (“GTCOS”), to which we refer to for further information. 

3. Site Access 
3.1. The Site hosts an e-commerce web platform through which Navigators may purchase Euro Company products. 
3.2. Access to the site, consultation of the information about the products on the site, and registration on the site are open to all and free of charge. 
3.3. Without prejudice to the fulfilment of the obligations arising from the Contracts, Euro Company does not guarantee the continuous or uninterrupted access to the Site, which, among other things, may be influenced by several factors that are beyond its control, nor to the e-commerce platform hosted on the Site used by Navigators to purchase Euro Company Products. In particular, access to the Site (including the reserved area login) may be suspended and/or terminated at the discretion of Euro Company, due to, inter alia, technical reasons of any kind, business decisions, the occurrence of a fortuitous event or force majeure, breach of obligations by the Navigator as set out below, without in any circumstances giving any grounds to the latter to make a claim against Euro Company. 
3.4. Euro Company may also make changes at any time to the site and method of access thereto and to the e-commerce platform. 

4. Reference 
4.1. The sales Contracts concluded between the parties shall be governed by the GTCOS available on the Site. 
4.2. The applicable privacy policy is described in the Privacy Policy and Cookies Policy pages of the Site. 

5. Navigator Obligations 
5.1. The Navigator hereby agrees to access the Site and to use it in full compliance with the mandatory civil, criminal, and administrative (local, regional, national, EU, and international) law and in particular, but not exclusively, subject to law(s) in respect of (i) protection of personal data, (ii) copyright and industrial property rights, (iii) countering computer crime (cybercrimes). 
5.2. Notwithstanding the above and without limitation, the Navigator undertakes: (i) not to use the Site for purposes that are illegal, or are in any way contrary to public order, decency and morality; (ii) not to use the Site to transmit or spread in any way unauthorized material relating to the purposes pursued by Euro Company, or which is unlawful, illicit, pornographic, racist and/or obscene, vulgar, slanderous; (iii) not to transmit any material and/or messages that encourage third parties to behave in such a way that is unlawful and/or criminal which may result in criminal, civil, or administrative liability; (iv) not to send commercial and/or promotional messages, and not to engage in "spamming," or "chain letter" activities, or any other form of communication which is illicit and/or contrary to the rules of netiquette; (v) not to infect the network or the computer system that enables navigation of the Site with a virus, malware, or other harmful programs that may interfere, damage, intercept or delete goods and/or personal data or information, nor to use any kind of peer-to-peer programs or those having such purposes; (vi) not to undertake any actions that may give rise to an excessive load upon the Site's systems. 

6. Information on the site 
6.1. Euro Company, despite the need to constantly check the proper behaviour of each Navigator, does not guarantee the identity, legal capacity, seriousness of purpose, good faith or other characteristics of the Navigators. 
6.2. The Navigator agrees to consider the information contained on the Site as merely indicative and acknowledges that no liability in relation to any deficiencies, inaccuracies or omissions may be attributed to Euro Company, except as provided for in the Contract. 

7. Links and malware 
7.1. Although it regularly checks the content of the web pages linked from the Site or reachable from the banners (and/or from other advertising services) on the Site, Euro Company cannot accept any liability for the contents of the same. 
7.2. Despite its regular monitoring of the site, Euro Company does not guarantee that it is immune to viruses or other potentially harmful programmes. Before accessing the network and carrying out any transaction, such as, in particular, downloading documents and software, the Navigator must always adopt the most up-to-date protective measures. 

8. Industrial and intellectual property 
8.1. The Navigator acknowledges that the Trademarks and Distinctive Marks, the content, information, programmes, layout, text, images, photographs (including, in particular, those of the Products), video and databases used by Euro Company, as well as every and any technical, conceptual and creative solution contained in and/or adopted by Euro Company on the Site are covered by patent or are otherwise the exclusive property of Euro Company, except as otherwise specified in writing, or as otherwise agreed with the rights owners. 
8.2. Navigators are expressly prohibited from using the Site in any way which is not strictly connected to the purposes pursued by Euro Company, or which contravenes any of the provisions of the Notices, including, inter alia, the reproduction, sale, alteration, distribution, transmission, re-publication, even if only in part, of content, information, programmes, layout, texts, photographs, and databases available on the Site, and also of any technical, conceptual, or creative solutions deployed. 

9. Limitations of liability 
9.1. Except in the case of willful misconduct or gross negligence and as provided in the Contract, Euro Company shall in no circumstances be liable for any damage arising out of or connected with the use or inability to use the Site, with the material or links posted on the Site, or with the actions or omissions of the Navigators and Users, regardless of the reasons on which such action is based. 


Nuturally | Sie natürliche Nüsse und Trockenfrüchte https://www.nuturally.com/img/nuturally-logo-15791865743.jpg Nuturally
Euro Company S.p.A. Società Benefit - Via Faentina 280/286, Godo, 48026 - Russi (RA) - Italia
Telefono: (0039) 0544 - 416711
Email: info (at) nuturally.com
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