GENERAL CONDITIONS OF USE
Access and use of this Site and related services, presuppose the consultation and acceptance of these General Conditions of Use which will be periodically updated, as needed. If you do not wish to accept these clauses, please stop browsing our Site.
By accessing the Site , the User also declares to be an adult with the ability to act.
The Manager of this Site is Smart Bugs ss, with registered office in Villorba (TV), Via Cave, 66 - VAT number 04659080263, hereinafter "SB" or "the Manager". In any case, it is specified that the User is and remains solely responsible for the use of the contents available on our Site, without prejudice to the Manager's responsibility only in cases of willful misconduct or gross negligence. We also inform you that where the Site contains links to websites owned by third parties, these sites are not under the control of SB, which, therefore, cannot be held responsible for the related content.
This Site allows you to choose and purchase our products from the online showcase that will be delivered to your home, with shipments made within the national territory.
This website is protected as an intellectual work by current legislation on copyright (see, in particular, Law no. 633/1941 and subsequent amendments). The User is not authorized in any way to modify, publish or, in any case, disseminate, grant in use for any reason, reproduce, modify, or commercially exploit in any way the contents - including domain names - or the services connected to our Site, in whole or in part. The same prohibition extends to the improper use of trademarks and other distinctive signs owned by SB.
In the event that the User browses the Site and, possibly, concludes contracts for the provision of our services as a consumer, hereby General Conditions of Use Italian legislation will apply to protect the consumer and, in particular, the Consumer Code (Legislative Decree 206/2005) which establishes the information to be communicated to the Consumer Customer. If, on the other hand, the User acts as a Professional Client, this Agreement will exclusively apply alongside the other clauses on our Site, as well as, for what is not provided for here, the provisions of the Civil Code as compatible. In the latter case, the exclusive jurisdiction for any disputes is that of Treviso (TV).
Holder of the treatment
We inform you that the data controller for all legal purposes is SMART BUGS SS, hereinafter "SB", with registered office in via Cave, 66 - 31020 - Villorba (TV), contact e-mail . SB, as Data Controller, uses the Site not only as an information medium on its services, but also as a tool for collecting personal data. According to the Italian and European legislation applicable to the protection of personal data, the processing of such data towards the Users, defined by the law, "interested in the treatment", will be based on the principles of necessity, proportionality, correctness, lawfulness, transparency and protection of the confidentiality and rights of the Users.
Types of data processed
By default, only the personal data necessary to use the services and features of the Site or transmit requests, as well as to complete the purchase procedure, will be processed. Among the services dedicated to the User, we point out the sending of newsletters and other commercial communications (marketing purposes) via e-mail, social network and browser.
Failure to provide personal data for marketing purposes will prevent the sending of commercial communications to you, but will have no consequence on the possibility of completing any purchase of your interest. SB may, in any case, contact you by e-mail pursuant to art. 130 co. 4 of the Legislative Decree. 196/2003 ("Privacy Code") and ss. mm. to propose the purchase of products similar to those already purchased by you, unless you decide to exercise the right to object to further communications. The opposition to the processing of personal data for marketing purposes will be possible by the User in the context of each communication of a commercial nature.
As for the failure to provide the personal data necessary for the conclusion and execution of the purchase contract by the User, this will prevent the provision of the service and, therefore, the purchase and shipment of the product.
While browsing, our systems acquire, during their normal operation, some data (date and time of access, pages visited, name of the Internet Service Provider and the IP address from which you connected to our Site) , whose transmission is implicit in the use of internet communication protocols or is useful for better management and optimization of the data and e-mail sending system.
These data can also be used in order to obtain anonymous statistical information on the use of the Site, to check its correct functioning and are kept for the time technically necessary for these purposes.
The data provided voluntarily by the Users
To use the services and functions of the Site or send requests, as well as to complete the purchase procedure, the User may provide SB with their personal data (eg, their name, surname, e-mail address etc. ). In any case, the personal data processed by SB will always and only be those strictly necessary to allow the use of the services and functions in question and to manage the requests of the Users. If such data are collected for different purposes, this will be indicated from time to time by specific information and the necessary consent for the related processing will be collected.
Purpose and basis of lawfulness of the processing
Personal data collected for the following purposes: 1) execution of the purchase contract concluded by SB with the User, fulfillment of the related administrative-accounting and after-sales assistance obligations 2) sending, subject to your consent, of communications of a nature commercial, news, updates on SB initiatives via paper mail, SMS, instant messaging, telephone contact, e-mail, social network (marketing purposes); 3) management of contracts with our suppliers for the purpose of providing the service requested by the User.
The foundations of lawfulness of the processing constitute the legal basis on which the processing of personal data is based. In the specific case of SB, the basis of lawfulness of the processing are as follows: the fulfillment of the contractual and legal obligations to which the Data Controller is subject, the User's consent for data processed for marketing purposes and sending communications commercial, as well as the overriding legitimate interest of the owner or third parties to whom the data is communicated (e.g. in the case of sale of a company, business unit or company asset).
Methods of processing
Personal data will be processed mainly electronically and through automated systems. In some cases, moreover, the data will be processed on paper.
Retention of personal data
Personal data will be kept for the period necessary to achieve the specific purposes for which they were collected and, in any case, in compliance with legal obligations. Once the aforementioned retention period has expired, personal data will be deleted or, alternatively, made anonymous permanently.
Subjects to whom personal data may be disclosed
The data collected may be communicated to: 1) SB staff as well as other subjects who carry out, on behalf and as suppliers of SB, activities of sending commercial communications and similar marketing activities towards Users, for the purposes of carrying out these activities; 2) subjects who must have access to the personal data of the Users in execution of the purchase contract, in particular, the staff of SB who deals with customer service, the bank in order to process the payment, the courier for the delivery of the ordered goods.
In any case, the data in question may not be disclosed in any way to other categories of subjects, unless this is required by law.
Minors of age
SB wishes to inform you that the consent of minors for the purposes of processing personal data for marketing purposes and for sending commercial communications is valid from the age of 16. Therefore, prior to this age, the consent of the parents or guardian must be obtained. In any case, we remind you that for the completion of the purchase contract it is necessary to be of age and in possession of the ability to act.
SB may request, for the purpose of carrying out these checks, that the minor User declares that he or she has reached the age of 16.
Rights of the interested party
We point out that, as an interested party in the processing of personal data, the legislation guarantees you some rights towards SB, referred to below: (i) to know the existence of data processing concerning you and the communication of them in intelligible; (ii) be informed on the origin of the personal data in question, on the logic applied to the processing where automated, on the nature and purpose of the processing; (iii) the limitation of processing, cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed; (iv) updating, rectification, integration of existing data as well as the portability of your data; (v) object in whole or in part for legitimate reasons to the processing of personal data concerning you even if pertinent to the purpose of the collection ta; (vi) the right to lodge a complaint with the Supervisory Authority.
To exercise these rights, simply contact us at this address e-mail .
GENERAL CONDITIONS OF SALE
1. General provisions
As also indicated in the General Conditions of Use , the Customer who intends to purchase one of our products declares to be of age.
The language used by SB for the conclusion of the contract is Italian and, therefore, the Customer Service will be available in that language.
Where the Customer does not communicate to SB that he intends to purchase as a Professional, he is considered a "Consumer", that is to say a natural person who places an order for personal purposes and unrelated to a professional, entrepreneurial, commercial or craft activity. turning point. By "Professional" we mean any natural or legal person who places an order relating to one of the last mentioned activities. In any case, it will be considered that the Customer concludes the contract as a "Professional" when communicating the VAT number to SB and / or requesting an invoice, with the consequent limitation of the legal guarantees provided for by law, as better specified in paragraphs n . 6 and 7.
2. Purchase of the product
The presentation of products and services on the Site constitutes an invitation to offer.
SB reserves the right to change the price of the products and services offered through its web page at any time and unilaterally. In any case, the Seller guarantees the Customer that the price indicated at the time of formalization of the order cannot undergo - in the context of the same order - subsequent changes.
To proceed with an order it is necessary to connect to the Site, select the products you wish to purchase, close the cart and proceed to check-out, filling out the electronic form and following the instructions indicated therein.
Once the order has been completed, the Customer will automatically access a confirmation page and will receive an e-mail summary of the order - which is not suitable for constituting in any way confirmation of the purchase - containing all the specifications of the product purchased. with relative order number (price per single product, quantity, payment method, delivery costs, order date, link to the General Conditions of Sale and to the General Conditions of Use). The order will then be considered as a contractual purchase proposal addressed by the Customer to SB for the products ordered. Once the order has been received, SB will check the availability of the stocks for the fulfillment of the order. The sales contract with SB will be concluded only when it sends the customer an e-mail confirming the order. In the event that, however, in the context of an order, one or more products are not available, the Customer Service of SB will promptly send an e-mail to the Customer, indicating only the products that may be available. The Customer, within 12 hours of SB's communication, will be able to choose whether to confirm the shipment of only the products that are available, or to cancel the entire order. In case of non-response or cancellation of the order within the aforementioned 12 hours, this will be considered canceled for all purposes and the contract will not be considered finalized, and, consequently, the amount paid will be reversed, or, depending on of the chosen payment method, no charge will be applied to the Customer. On the other hand, in the event that the Customer chooses to confirm the shipment of only the available products referred to in the communication of SB within the aforementioned term of 12 hours, SB will proceed to the cancellation of the price corresponding to the products no longer available, that is, it will not apply to the Customer will be charged the sum corresponding to this amount.
3. Shipping and delivery of the product
The products will be shipped to the delivery address provided by the Customer in the delivery data form. Shipping costs will be specified and legible. The Customer acknowledges and accepts that, by finalizing the purchase, he gives his express consent for SB to provide his data to the supplier responsible for the delivery of the purchased product.
Shipments, to avoid possible and deleterious stocks during the weekend, are made exclusively on Mondays and Wednesdays and take place on the first working day after receipt of the order and its payment. Specifically, if the order is placed and paid for after 11:00 on Monday, the package leaves, if all the goods are available, on Wednesday; if, on the other hand, the order is placed and paid for after 11:00 on Wednesday, the package leaves, if all the goods are available, on the Monday of the following week. In any case, SB undertakes to deliver the products to the Customer without delay and, in any case, no later than 30 days from the date of conclusion of the contract as required by art. 54 paragraph 1 of the Consumer Code.
The courier will be delivered from 9:00 to 19:00, while it will not be possible to indicate binding preferred times. The cost of shipping (up to a maximum of 12 kits) for Italy is Euro 9. If the customer is not able to identify an address with these characteristics, it is possible to indicate to ship in storage. In this case, the Customer will be responsible for collecting the goods at the closest warehouse of the courier used. By choosing the stop deposit option, it will be possible to collect the package personally, at the desired SDA center. The Customer who chooses this option, is requested to specify it in the notes, also indicating the address of the chosen SDA office. Below is the link to the list of available offices: http://bit.ly/1eE2oZ5
The Customer expressly undertakes to allow the delivery of the order by providing a "delivery address" to which the requested product can be delivered at the usual time of delivery of the goods. If the Customer is not available at the address indicated, the courier will not be required to contact him and the Customer will not be able to claim in any way for any damage to the goods. Furthermore, the Customer expressly acknowledges and accepts that, in case of violation of this obligation, SB will have no responsibility for the delay or impossibility of delivery of what is requested by the Customer, reserving the right to cancel the order received without in any way having to reimburse the charges paid by the Customer for the conclusion of the Contract. If the product is not delivered to you or if you wish to receive further information regarding shipping methods and delivery times, we invite you to contact us immediately.
We also inform you that the ownership of the products will be transferred to the Customer with the delivery of the goods, to be understood as the moment in which the Customer or a third party designated by him and other than the carrier, materially comes into possession of the products, and in the same circumstance, the risk of loss or damage to the products will be transferred from SB to the Customer. In any case, SB reserves the right of ownership over the products until the full amount due has been paid.
4. Payment and proof of purchase
To pay for the goods, the Customer can use one of the following methods: credit card (through the Stripe platform), PayPal, bank transfer or electronic invoice (only for Public Administration). In the event that the Customer chooses to use the credit card payment method by filling in the appropriate fields on our Site, he authorizes SB to use his credit card and to debit the total amount shown as cost on the relative bank account. of the purchase made in favor of the aforementioned company. The entire procedure is carried out via a secure connection directly connected to the Banking Institute that owns and manages the '' online '' payment service, which the SB cannot access.
The communication that the Customer will receive via e-mail once the purchase has been confirmed is valid as proof of the purchase made and for the purposes of the seller's legal guarantee of conformity. In the event that the purchase receipt is not available in your account and does not arrive as an attachment to the e-mail confirming the purchase, the Customer can always request it by contacting the Customer Service . Note that the creation of the account by the user is optional and any purchase in the absence of registration has no relevance for the purpose of concluding and executing the contract.
5. Withdrawal Policy
Pursuant to and for the purposes of art. 64 of the Consumer Code, the Customer has the right to withdraw from the contract within 14 days from the time of delivery of the goods, under penalty of forfeiture.
To exercise the right of withdrawal, the Customer is therefore required to inform - within the peremptory term of 14 days from receipt of the goods - SB, using the contacts indicated in these General Conditions, of his decision to withdraw from this contract through an explicit declaration which must be received by registered letter with return receipt, possibly in advance via e-mail . The customer has the right to use the appropriate module made available by SB. Following receipt of the communication, SB will assess whether, in the specific case, the legal conditions exist to proceed with the return. In the event of an affirmative assessment, SB will send the Customer the "Return Code" by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. At the same time as sending the communication concerning the withdrawal, SB will reimburse the Customer for all payments made to the same, including delivery costs - with the exception of the shipping costs of the goods being returned in the event that the delivery had already occurred -, without undue delay and, in any case, no later than 30 days from the moment in which SB was informed of the Customer's decision to withdraw from this contract. These refunds will be made using the same payment method used by the Customer for the initial transaction, except in the case of payment by cash on delivery, in which case SB may use an alternative means of payment.
The Customer expressly acknowledges and accepts that the integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. In the event that the Customer detects a problem at the time of delivery of the product (damaged packaging, missing and / or deteriorated products), he must indicate it in writing in the courier's delivery receipt to be signed expressly "with reserve" and contacted by telephone or SB mail within 24 hours of receipt. No reimbursement is allowed for a damaged product, as well as for a missing product, if not communicated within the established time. Furthermore, in no case will perishable goods and similar goods be subject to the right of withdrawal (see the following paragraph).
5.1 Cases of exclusion from the right of withdrawal
In addition to the cases indicated by the non-consumer customer and / or who requests the invoice (and, that is, who purchases the quality of Professional), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of the Consumer Code:
order of products made to measure or clearly personalized;
the supply of perishable goods;
order of sealed products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery;
damaged product for reasons other than its transport.
With reference to the cases of exclusion of the withdrawal listed, the Customer, in particular, is informed and accepts that among the sealed and / or perishable products referred to above, there are insects and the related breeding kits whose characteristics and quality are subject to alteration, also as a result of inappropriate storage by the Customer.
In cases where the right of withdrawal is excluded, SB will return the purchased products to the customer, charging the shipping costs to the customer.
6. Product Warranty
Pursuant to art. 130 and ss. of the Consumer Code SB is responsible for any lack of conformity existing at the time of delivery of the goods, provided that they occur within 2 years from the same. In this case, the Consumer has the duty to report any lack of conformity within and no later than 2 months from the discovery, by means of communication e-mail , indicating the defect and / or non-conformity found, as well as the receipt relating to the order. In the event that the defect concerns products which by their nature are perishable or subject to expiration in a shorter period, such as insects, the defect must be reported within 12 hours from the time of delivery.
Following receipt of the communication, SB will evaluate the lack of conformity reported by the Customer and will decide whether to authorize the return of the products by providing the Customer with a reply, containing the "Return Code", via e-mail to the address provided by the latter in the during the registration process on the Site or during the order transmission phase. The authorization to return the products will in no way constitute recognition of the lack of conformity, the existence of which must be ascertained after the return. The products which the Seller has authorized the return must be returned by the Customer, together with a copy of the return authorization notice bearing the "Return Code", within 14 (fourteen) days from the notification of the lack of conformity, to the following address: Ponzano road, 5 - 31050 Ponzano Veneto (TV). If the Seller is required to reimburse the Customer the price paid and the related delivery costs, the refund will be made, where possible, using the same payment method used by the Customer when purchasing the Product.
Where the Customer has purchased as a Professional, he can instead benefit only from the guarantee for defects in the thing sold pursuant to the Italian civil code.
7. Applicable law and competent court
The purchase contract between the Customer and SB is concluded in Italy and governed by Italian law. In particular, if the contract is concluded by a subject acting as a Consumer, the mandatory provisions of law established by European and Italian legislation (in particular by the Consumer Code) will apply. Where, on the other hand, the Customer has concluded the purchase as a Professional, the provisions relating to the right of withdrawal and the guarantee of conformity will not apply. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders, if the Customer is a Consumer, the court of residence or domicile of the same will be exclusively competent if located in the Italian territory. . In all other cases, SB elects Treviso as the competent court.
It is possible to receive our products comfortably at DOMICILE, thanks to the SDA rapid transport system.
Shipments, to avoid possible and deleterious stocks during the weekend, they are carried out EXCLUSIVELY in the days of Monday and Wednesday.
Shipments take place on the first working day (Monday or Wednesday) after receipt of the order and its payment.
Example 1: Order placed (and paid for) Monday after 11.00 -> The package leaves (if all goods are available) Wednesday.
Example 2: Order placed (and paid for) Wednesday after 11.00 am -> The package leaves (if all the goods are available) on the Monday of the following week (5 days later) ..
Given its particular content, the package will be transported by fast express courier, it will leave in the evening to be at its destination the next day (or at the latest in 48 hours, in the most remote areas). The cost of shipping (up to a maximum of 12kit) for Italy is € 9.
ATTENTION: The courier is not required to notify by telephone about his passage !!
If you are unable to locate an address with these characteristics, you can indicate to ship to FREEZE DEPOSIT, in this case you will have to collect the goods at the nearest warehouse of the courier used.
If you are not available from the courier, it will not be possible to claim in any way for any damage to the goods.
ATTENTION! When you complete the order, by choosing "Scheduled shipping" as the shipping method, you will need to specify in the order notes when you want the goods to be shipped, always considering that shipments take place Monday and Wednesday. If you have to do a GIFT, keep in mind that the caterpillars they can stay in the box without treatment for 4-5 days maximum from when you receive them. Be sure to store them in a cool, ventilated place away from light and heat sources.
For any clarification regarding shipping methods and delivery times contact us .