Terms of sale Seed to Skin by Borgo Santo Pietro S.r.l.

Seed to Skin by Borgo Santo Pietro S.r.l. invites its Customers to read these General Terms of Sale carefully before making any purchase. They must be accepted at the time of purchase together with the consent to data processing and, after completion of the purchase transaction should be printed and a copy retained. Seed to Skin by Borgo Santo Pietro will however send a copy together with the purchase order confirmation.


GENERAL TERMS AND CONDITIONS OF SALE

These general terms of sale (hereinafter "Terms") regulate the sales and supply of Products by Seed to Skin by Borgo Santo Pietro S.r.l., with registered office in Italy, Borgo Santo Pietro 110, 53012 Chiusdino (SI), share capital Euro 10,000.00 tax code and registration number in the Companies Register of Siena, Economic and Administrative Index no. SI - 149685, VAT number 01461780528. Telephone number 0552321583, Email address: seedtoskin@borgosantopetro.com
  • These Terms regulate the consultation of what will be posted on the website www.seed-to-skin.com
  • The products offered for sale on this website are the cosmetic products produced directly by the company Seed to Skin by Borgo Santo Pietro S.r.l. with registered office in Borgo Santo Pietro 110, 53012 Chiusdino (SI) whose brand, SEED TO SKIN, was registered on March 9, 2016
  • The provisions set out in these Terms apply to all Users without distinction.
  • The company Seed to Skin by Borgo Santo Pietro S.r.l. may modify, except as provided for by the Consumer Code art. 49 paragraph 5, at any time and without notice, the contents of these Terms. The changes will take effect from the moment of publication on the website and will apply only to orders sent after the date of publication.

DEFINITIONS

“Website” is the website of Seed to Skin by Borgo Santo Pietro S.r.l. from which the online e-commerce page of the company can be accessed.

"Customer" is the subject (individual or legal person) making a purchase on the website, accepting the general terms of sale.

 "Order" means the purchase order forwarded by the Customer, for one or more Products, by clicking the "Purchase” button, after completing the required fields and choosing the payment method.

"Products" are the goods offered for sale on the website, in accordance with the general terms and conditions of sale.

 "Product Fact sheet" means the set of descriptive information relative to the Product, including the price, any shipping costs, availability and expected delivery time

“Customised products” are goods customised at the request and specific indication of the Customer

"Price" is the sales price of the goods alone

“Contract” is the remote contract which governs the sale of the products, according to the general terms of sale as provided for in the Consumer Code of Legislative Decree no. 206 of 06/09/2005 and subsequent amendments

"Parties” are the company Seed to Skin by Borgo Santo Pietro S.r.l.  and the Customer

 "Catalogue" means the collection of Products which can be purchased by the Customer via the Portal

 "Consumer Code" means Legislative Decree 6.9.2005, no. 206 and subsequent amendments

 "Consumer"- pursuant to and by effect of art. 3 of the Consumer Code, means the natural person acting for purposes unrelated to the trading, business, craft or professional activities possibly carried out.

"Terms" means these general contractual terms - as also subsequently modified or supplemented -together with the relevant Annexes and other information published on the Portal, which are an integral and substantial part thereof, regulating the provision of the service between Seed to Skin by Borgo Santo Pietro S.r.l. and the Customer

"Data" means the data communicated by the Customer and needed to fulfil obligations, including tax obligations, required by the legislation applicable at the time for the provision of the Service

"Service Provider" means Seed to Skin by Borgo Santo Pietro S.r.l.

"Payments Operator" means the body which - duly authorized pursuant to applicable laws - provides the payment service by using the Customer's credit card

"SEED TO SKIN GIFTCARD", means the unnamed, prepaid gift card used for the purchase of Products via the Portal

- "Privacy Notice" means the information provided to the Customer pursuant to art. 13 of Legislative Decree no. 196/2003 explaining the methods for processing the data provided by the same, the relative timing and limitations

- “Consent of the data subject” means any free, specific, informed and unambiguous expression by the data subject, by which the latter indicates his/her consent, in a statement or by a clear affirmative action, to the processing of the personal data relating to him/her (pursuant to Art. 4 of Reg. EU 2016/679)

- "Portal" means the website called www.seed-to-skin.com

- "Service" means the sales and supply service to the Customer of the Products distributed via the Portal, as better specified in the Catalogue, to be understood as an integral and substantial part of these Terms;


SUBJECT

These Terms relate to the provision of the Service, exclusively by Seed to Skin by Borgo Santo Pietro S.r.l., relative to the Products, detailed information on which is available in the Catalogue and in the individual Product Fact sheets.

There is no commitment between the Customer and Seed to Skin by Borgo Santo Pietro S.r.l. until it has sent the Customer an e-mail (to the address indicated by the Customer) in which it confirms the correct receipt of the Order and communicates an assigned order number that must be used for any subsequent communications between the Customer and Seed to Skin by Borgo Santo Pietro S.r.l. and which is also used to track the order. A printable version of these Terms and the summary of all the Product and Service information is provided to the Customer immediately prior to its despatch.

Each order can be tracked directly by the Customer in his/her own personal area. From the moment of sending up to when it is ready the Customer can change the order or cancel it using the relative functions in the personal area.

The order sent by the Customer has the value of a contract proposal and entails full knowledge and acceptance of the provisions contained in these General Terms.

Acceptance of the order by Seed to Skin by Borgo Santo Pietro S.r.l. entails completion of the contract and may be considered tacitly given if no refusal is communicated by email to the customer's address within 24/48 hours of sending the order.

Seed to Skin by Borgo Santo Pietro S.r.l. reserves the right to refuse or cancel an order, without the Customer being able to advance any claims or rights whatsoever, for whatever reason, including compensation, for non-acceptance.

There will be no commitment between the Customer and Seed to Skin by Borgo Santo Pietro S.r.l and, therefore, no contract may be considered as entered into, in the case in which errors or evident and recognizable inaccuracies, such as - but not limited to - errors or inaccuracies relating to the Customer's details, or related to the identification and/or selection of the products and/or the respective quantities and/or prices are made in the compilation of orders, for reasons attributable to either the Customer or to Seed to Skin by Borgo Santo Pietro S.r.l. Seed to Skin by Borgo Santo Pietro S.r.l reserves the right to check in any case the correctness of the prices of the products listed in the Catalogue before shipment of the same and, in the event of an error, the order will be cancelled. Instead, in the case of delivery difficulties to the address indicated for delivery, the Customer will be asked to make direct contact and find an alternative delivery method of the product or obtain full reimbursement of the amounts paid.

In the event of non-availability of the Product while preparing the order, Seed to Skin by Borgo Santo Pietro S.r.l will inform the Customer by e-mail and consequently update the order, deleting the product not available. Any other Products in the order (when available) will be shipped within the time indicated in the Product Fact sheet. It is understood that if none of the products in the order are available, Seed to Skin by Borgo Santo Pietro S.r.l will inform the customer that the order will be cancelled.


CUSTOMER SERVICE

For commercial information on the different methods of providing the Service, on exercising the right of withdrawal referred to in the article below and on the legal warranty of compliance, you can contact Customer Service by calling +39(0)0577751222 or by sending an e-mail to: www.seed-to-skin.com Seed to Skin by Borgo Santo Pietro S.r.l. or by writing an email to info@seed-to-skin.com


HOW TO MAKE A PURCHASE

To make a purchase follow the online procedure carefully. 

Purchasing on the e-commerce page of Seed to Skin by Borgo Santo Pietro S.r.l. on the Website is simple:

EXAMPLE:

  1. Click on the desired product to access the product fact sheet and view all the relevant product information in detail. Select the quantity, then click “Add to cart”.
  2. To purchase immediately, click “Go to checkout”. To change the contents of the cart, click the "+” or “-” symbols under the "Quantity” heading. To delete the product, click on the "delete” symbol. View the products placed in the cart and, to finalize the order, click "Proceed to purchase”.
  3. Enter the information required for shipping and select the payment method:
  4. Advance payment online – with credit card or PayPal or delayed with cash on delivery of the goods
  5. Finally, read the summary of your purchase and click "Purchase” to complete your order correctly.

For purchases with advance payment there is no minimum amount. In the case of payment with cash on delivery the order may not exceed the maximum threshold envisaged for cash payment provided for by anti-money laundering legislation (today € 3,000.00). The amount will be charged in Euro. Conversion to other currencies is purely indicative.

Orders may only be placed by adults. Seed to Skin by Borgo Santo Pietro S.r.l. is not liable for orders made by minors without parental authorisation.


SALES OF PRODUCTS

The products are sold in accordance with the terms and conditions of the contract posted on the website at the moment of the order. The prices of the products shown on the website are inclusive of VAT and do not include any taxes or duties imposed by the various applicable legislation, such as those provided for on imports.

The Customer must deal with customs clearance and pay the duties and taxes (other than VAT) due in the country of importation.

The photos of products are indicative and may differ slightly from the product itself in that the packaging may differ.

The website shows the products available for shipping and the delivery times, these are indicative since they are not always updated in real time with regard to the possible simultaneous reservation, by multiple customers of the same article, resulting in a variation of the availability of the item offered for sale.

In the event that the order contains more than one product, of which one is not immediately available, the delivery will be made when all the products are available.

The delay will be notified to the Customer by sending an email to the address indicated by the customer who, until the time of shipment, may cancel the order from his/her customer area.

In the event that the Product is not available or becomes unavailable while preparing the Order, the Customer will be informed by means of communication addressed to the e-mail indicated in the Registration Form. Seed to Skin by Borgo Santo Pietro S.r.l. will refund the Customer any payments received in relation to the Product not available without undue delay and update the relevant order. In the case instead in which no payment of the price of the Product has been made, no sums shall be payable to the Customer.

The cost of shipping is an additional cost with regard to the price of the product, the amount of which may change depending on the destination Country, but also on special sales conditions related to delivery and payment methods and the quantity of products placed in the order.

Shipping costs are clearly identified on the website and communicated to the customer prior to the completing the Purchase Contract and are shown in the Customer's personal area until the order is fulfilled.


CUSTOMER'S OBLIGATIONS

To purchase the products, you must register on the website of Seed to Skin by Borgo Santo Pietro S.r.l.  Registration is absolutely free, fast and there is no obligation to buy. The customer agrees to provide correct, true and complete information as regards his/her personal details, contact details, and other information used to prepare the order.


PRICES AND PAYMENT

Prices are expressed in Euro (€) and include Value Added Tax (VAT) applicable to the relevant category of products. The total final price of the order is inclusive of shipping but does not include any customs duties and/or additional taxes on the sale, required for import of goods in foreign countries. Any additional charges for customs clearance will be borne by the recipient. Payment must be made at the time of placing the order with advance payment by credit card, PayPal or cash on delivery of the goods.


PAYMENT METHOD

The methods of payment are:

- credit card;

- PayPal;

- Cash on delivery

The cost of shipping is an additional cost with regard to the price of the product, the amount of which may change depending on the destination Country, but also on special sales conditions related to delivery and payment methods and the quantity of products placed in the order.

Shipping costs are clearly identified on the website and communicated to the customer prior to completing the Purchase Contract and are shown in the Customer's personal area until the order is fulfilled.


CREDIT CARD PAYMENTS

Payments are and will remain protected on the Portal via an advanced network data defence system. Credit card payments are processed on a secure server operated by a third-party company, specialised and duly authorized under the applicable laws to perform such service: consequently all credit card data is processed exclusively by the Payments Operator. Seed to Skin by Borgo Santo Pietro S.r.l.  does not therefore have any access to credit card data, but manages Customer Data only.

Charging of the price: With purchase by credit card, payment authorization is requested when the order is made. The actual charging of the authorized amount is made immediately after the order is processed and before shipment. If it is impossible to charge the amount, a further attempt will be made in the following 30 days, until successful. Shipment of the order may therefore remain blocked until the card has been successfully charged. Seed to Skin by Borgo Santo Pietro S.r.l. will not be held liable for any fraudulent use by third parties of the data relating to the Customer’s credit card: in such event the Customer must immediately contact the Payments Operator and, where appropriate, the competent Authorities.   


PAYMENTS VIA PAYPAL

In the event that the method of payment chosen is PayPal, the Customer will be redirected to the website www.paypal.com which will handle the payment as provided for in its regulations.

Should Seed to Skin by Borgo Santo Pietro S.r.l. need to refund the Customer following termination of the contract or for any other reason, the sum will be accredited to the PayPal account held in the Customer’s name. PayPal will handle the accrediting, Seed to Skin by Borgo Santo Pietro S.r.l. must submit the credit order to PayPal after which it may not be held liable for any delays or omissions; such complaints must be made directly to PayPal.


PAYMENT WITH CASH ON DELIVERY

Payment with cash on delivery is allowed for deliveries in Italy only and must be made in cash only to the courier who makes the delivery. You should have the right sum ready since the courier may not have change. The amount may not exceed that envisaged by anti-money laundering regulations (€3,000.00) for cash payments nor will cheques or bank drafts be accepted.

The courier need not be paid more than the amount specified in the order.

In the event of non-payment Seed to Skin by Borgo Santo Pietro S.r.l. reserves the right to apply and charge arrears interest pursuant to law.

From that moment Seed to Skin by Borgo Santo Pietro will cancel the order subject to the dispute and block the purchasing functions of the Customer in default, as well as blocking any pending orders, at least until total collection of the amounts due.


PRODUCT DELIVERY TIMES AND METHODS

The Company will deliver the Products indicated in the Order to the address indicated by the Customer, deliveries are possible throughout the world. The company will deliver the products requested in the order to the forwarding company and from that time the risk and liability of delay in fulfilling the order falls upon the forwarding company.

Product delivery times: within 5 working days of the business day following receipt of the order for all destination countries. Times are indicative and not strictly binding on Seed to Skin by Borgo Santo Pietro S.r.l. insofar as depending on the forwarding company.

In the event that Seed to Skin by Borgo Santo Pietro S.r.l. is unable to carry out the shipment within such period the Customer will be given timely notice by e-mail. The Customer is bound to check, at the time of delivery, that the packaging is intact and unaltered and that the number of packages in the delivery corresponds to those indicated on the transport document.

In the event that the packaging and/or products appear to be damaged, or there is a difference in the number of packages, the Customer is required to immediately inform the courier by accepting the delivery WITH RESERVATIONS and asking him/her to note such statement on the delivery receipt. The Customer must immediately and within 8 days notify Seed to Skin by Borgo Santo Pietro S.r.l. of any damage or problems relating to the physical integrity of the product purchased and its correspondence with the order.

At the time of delivery, the presence of the Customer or his/her representative is recommended. In case of absence, the courier will leave a second delivery notice for the next business day with his/her telephone number to arrange delivery. In the case of a second failure to deliver, the order is considered void, the products will return to the company Seed to Skin by Borgo Santo Pietro S.r.l. and the customer will be refunded for any amount paid by credit card and the shipping cost within 5 days of the goods returning to the warehouse.

In the event of cases of force majeure preventing delivery or making it difficult, including following a high increase in shipping costs Seed to Skin by Borgo Santo Pietro may decide to cancel the order, rescinding the contract and also in this case will refund any amount paid by the Customer and may not advance further claims.


RIGHT OF WITHDRAWAL

Pursuant to Art. 54 of the Consumer Code, the Customer acting as Consumer, within the time limit of 14 (fourteen) working days from the day of delivery of the Product may exercise the right of withdrawal, obtaining the full refund of the amounts paid for the purchase of the Product including the shipping costs incurred. In the event that the Customer has chosen to have the Products purchased in a single Order delivered in multiple shipments or in the case of a Product consisting of multiple pieces or lots to be delivered in multiple shipments, the period for exercising the right of withdrawal shall commence with the delivery of the last Product. To exercise the right of withdrawal, the Customer must send, within the time limit indicated in the previous paragraph, the dedicated form published on the Portal.

The notice must indicate the order number, the intention to withdraw from the purchase, the product (s) for which the right of withdrawal is to be exercised, the bank details to receive the credit transfer and an ID. A copy of the tax purchase receipt present in the package must be attached.

Within 14 (fourteen) days of the date of notification of withdrawal in the event of it having been carried out on the portal, the Customer must return the Product by means of a recorded delivery or a traceable shipment to the following address:

Seed to Skin by Borgo Santo Pietro S.r.l., Borgo Santo Pietro 110, 53012 Chiusdino (SI), Italy paying the shipping costs entirely.

It is essential that the goods to be returned are intact to exercise the right of withdrawal.

Once the Product has been received, and it has been seen to be intact Seed to Skin by Borgo Santo Pietro S.r.l. will pay the refund by bank transfer only.


CUSTOMER'S RESPONSIBILITY

The [Customer] represents and warrants that: (a) he/she is an adult (if a natural person); (b) that the Data provided by the same for carrying out the Service are correct and truthful; (c) that he/she will update the Data provided to Seed to Skin by Borgo Santo Pietro S.r.l. whenever necessary; (d) he/she has the power to bind the legal person representing him/her (if a legal person). The Customer agrees not to use the Service offered in an unlawful or unauthorised manner. The Customer warrants that the information provided in the Registration Form at the time of the Order is its legitimate property and does not violate any rights of third parties.


NON-TRANSFERABILITY

These Terms and the Service relative and consequent to the same are strictly personal and, therefore, the Customer has no right to transfer, in whole or in part, or to assign these Terms to any third party, without the prior and specific written consent of Seed to Skin by Borgo Santo Pietro S.r.l.


APPLICABLE LAW, JURISDICTION AND COMPETENT COURT

The Service will be regulated, as well as the present Conditions, by Italian law and, in particular, with exclusive reference to the Customer who may qualify as a Consumer, by the rules of Chapter I of Title III of Part III of the Consumer Code. Any dispute arising between the Parties regarding the validity, interpretation or performance of these Terms shall be subject to Italian jurisdiction. Except as provided by Art. 66-bis of the Consumer Code and in any case if the Customer cannot qualify as a Consumer, the Court of Siena shall be exclusively competent to resolve disputes arising between the Parties. For the out-of-court settlement of disputes arising in relation to contracts with consumers regulated by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code and related to these General Terms the Customer may use the mediation procedures referred to in Legislative Decree no. 28/2010, or may use ADR entities through the ODR platform for settling disputes online, established and managed by the European Commission, and accessible from the following link http://ec.europa.eu/consumers/odr/. As of February 15, 2016, consumers and professionals have access to a new online platform (ODR, Online Dispute Resolution) for settling disputes. With Directive 2013/11/EU (transposed in Italy in August 2015) a system was introduced whereby consumers can, on a voluntary basis, submit complaints against professionals before bodies that offer independent, impartial, transparent, effective, rapid and fair dispute settlement. The Consumer Code has therefore been amended by adding a part relative to the out-of-court settlement of disputes between professionals and consumers. At Community level, following the European Regulation 524/2013 concerning online consumer disputes, a special ODR platform was created (available since from mid-February 2016) at the following link http://ec.europa.eu/odr. The new online platform will be multilingual and will operate as follows: the consumer will fill out an online form and forward it to the ODR platform. The subject concerned will receive the complaint and, after having identified the alternative dispute resolution body (e.g. a chamber of commerce) to be involved, the documentation about the dispute will be automatically transmitted by the online platform to that body. The body to which the complaint is transmitted will communicate without delay to the parties whether or not it will deal with the dispute. The physical presence of the parties or their representatives will not be required, unless the procedural rules of the body involved require so and the parties agree. The decision must be made within 90 days of receipt of the complaint by the alternative dispute resolution body which has agreed to deal with the dispute. All these remedies are additional to and do not replace those already provided for by law.


UNLAWFUL TERMS AND CONDITIONS

If for any reason any part of these Terms should be invalid or ineffective, the validity and effectiveness of the remaining terms and conditions shall remain in full.


SEED TO SKIN GIFT CARD

Seed to Skin by Borgo Santo Pietro S.r.l. Gift Cards are prepaid gift vouchers that allow you to make purchases on www.seed-to-skin.com

They can be purchased directly from the website by simply choosing the recipient, entering the amount and selecting the number of vouchers that you want to give and writing the dedication. Once purchased the “SEED TO SKIN GIFT CARD”, will be delivered on the date indicated in the order or, if immediate despatch is requested will be shipped within 3 hours and can be used immediately on the portal www.seed-to-skin.com

 "SEED TO SKIN GIFT CARDS” have no minimum amount, the value of the voucher is decided by the customer, freely at the time of purchase, they may therefore be purchased for different sums. "SEED TO SKIN GIFT CARDS” can be used to purchase any of the products present in the catalogue of Seed to Skin by Borgo Santo Pietro S.r.l., Borgo Santo Pietro 110, 53012 Chiusdino (SI), Italy.

 "SEED TO SKIN GIFT CARDS” are valid for one calendar year from the date of sending the “SEED TO SKIN GIFT CARD”, the expiry date may not be extended and any unused remaining sums cannot therefore be refunded.  The person who receives the “SEED TO SKIN GIFT CARD” as a gift may use it for any amount, if its value or residual credit after the first purchase is not sufficient to cover the amount of the planned purchase, he/she may pay the difference by credit card or PayPal following the directions on the portal. If the remaining credit is greater than the expense amount, the gift voucher can be re-used for a further purchase within the year of validity.

You can give a “SEED TO SKIN GIFT CARD” to a person residing abroad since “SEED TO SKIN GIFT CARDS” can be sent to email addresses worldwide. If a product ordered is not shipped for any reason, the “SEED TO SKIN GIFTCARD” is automatically recharged with the value of the unsent product. "SEED TO SKIN GIFT CARDS” are sent to the recipient's email address within 3 hours of purchase, to ensure the credit card validation process. If the purchase is made after 6.00 p.m., the delivery will take place the following morning by 11 a.m.

The Parties agree and mutually acknowledge that if the Customer selects the option "give the Seed to Skin by Borgo Santo Pietro S.r.l.  Gift Card" and asks for the Product be delivered to a third party, the obligations arising from these Conditions will in any case be binding upon Seed to Skin by Borgo Santo Pietro S.r.l and on the Customer, pursuant to art. 1411 of the Italian civil code.

© 2018 Seed to Skin by Borgo Santo Pietro S.r.l.
Borgo Santo Pietro, 110
53012 Chiusdino (SI)
P.IVA/C.F. 01461780528