General Terms and Conditions of Sale – Business-to-Business (B2B)

These general terms and conditions (the “General Terms and Conditions of Sale”) govern the terms and conditions under which L’Erboristeria s.r.l., having its registered office in Rome (RM), Via Francesco Saverio Nitti no. 72, VAT No. and Companies Register No. 16381451000, REA No. RM – 1653255, PEC erboristeria.srl@pec.it
, email info@l-erboristeria.it
(hereinafter the “Company”), sells to the Customer (as defined below), who purchases, the Products described in each order form (the “Order Form”).

The terms and conditions set forth in these General Terms and Conditions of Sale shall therefore apply to each order placed by the Customer through the Company’s website www.latabaccheria.net
. Each order placed by the Customer shall be governed by these General Terms and Conditions of Sale, as well as by any additional technical and economic conditions agreed from time to time between the Parties in the relevant order and by the applicable law (hereinafter collectively referred to as the “Agreement”).

  1. Definitions

1.1 The following terms and expressions, whether singular or plural, shall have the meanings set forth below:

“Personal Area”: means the section of the Company’s website www.latabaccheria.net
 reserved exclusively for the Customer, through which the Customer may, upon authentication, purchase Products pursuant to these General Terms and Conditions of Sale.

“Customer”: means the party (natural person or legal entity) purchasing Products from the Company for purposes related to its entrepreneurial, commercial, artisanal or professional activity.

“Website” means the virtual store operated by the Company available at www.latabaccheria.net
, through which the Customer may purchase Products after accessing its Personal Area.

“Order Form”: means the electronic document containing the indication of the Products selected by the Customer, as well as the determination of price, payment method and shipping methods.

“Parties”: collectively means the Company and the Customer.

“Products”: means the items offered for sale by the Company on the Website.

  1. Subject Matter

2.1 The Agreement governs and regulates the online sale of Products by the Company to the Customer.

2.2 The Company sells its Products both to parties qualifying as “professionals” (meaning natural or legal persons acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediaries) pursuant to Legislative Decree no. 206/2005, as amended (the “Consumer Code”), and to parties qualifying as “consumers”. If you do not fall within the definition of “professional”, you are invited to consult the specific section containing the general terms and conditions of sale applicable to consumers.

2.3 It is understood that, pursuant to these General Terms and Conditions of Sale and the Agreement, the Company markets Products exclusively to Customers qualifying as “professionals” under the Consumer Code.

2.4 Customers declare and warrant, by accepting these General Terms and Conditions of Sale, that they purchase the Products exclusively for professional purposes related to their entrepreneurial, commercial, artisanal or professional activity.

  1. Offers

3.1 The characteristics of each Product offered by the Company and the related Safety Data Sheets are contained in the relevant section of the Website.

3.2 The Customer shall purchase the Product through the Company’s Website, after accessing the Personal Area and registering with personal credentials.

3.3 Images of Products are for illustrative purposes only; therefore, the Company assumes no liability for any non-conformity between Products and the images displayed on the Website.

3.4 The Company reserves the right, at its sole discretion and without obligation to provide reasons, not to process orders that appear anomalous or fraudulent, including, by way of example only, abnormal quantities, frequency, total amounts, sudden changes in purchasing behavior, concentration on specific Products, unusual purchase times, anomalous geographic patterns, or abnormal use of promotions or discounts.

3.5 The Customer is expressly prohibited from selling Products to persons under 18 years of age, pregnant consumers, or individuals affected by respiratory or cardiovascular conditions.

In any case, the Customer agrees to indemnify and hold harmless the Company from any cost, liability, charge, expense, claim, action, demand, damage or loss of any nature arising directly or indirectly from: resale of Products in violation of applicable regulations; alteration or tampering of Products; improper storage or transport; marketing in unauthorized territories; dissemination of misleading information; breach of contractual or legal obligations; or infringement of third-party rights.

  1. Product Availability

For each Product available on the Website, the Company indicates whether it:

  • is available in its warehouses and may be purchased online;
  • is not available and cannot be purchased online.

4.2 The Company may refuse orders containing incomplete or incorrect data or in case of Product unavailability.

4.3 Product availability may change at any time without liability.

4.4 If Products are unavailable after submission of the Order Form, the Company shall notify the Customer by email and refund paid amounts or issue a credit note, excluding any further compensation.

  1. Prices

5.1 Prices include VAT and Excise Duty, where applicable.

5.2 Prices, shipping costs, taxes and duties are indicated on the Product page.

5.3 Prices remain valid until completion of the purchase procedure.

  1. Completion of Purchase

6.1 Registration is required to purchase Products. Customers must provide accurate information. The Company may verify email addresses. Customers may request deletion of their Personal Area via b2b@latabaccheria.net
.

6.2 Customers must authenticate to proceed.

6.3 Orders are placed electronically via the Order Form. The Agreement is concluded upon receipt of order confirmation by email.

Customers are responsible for verifying order confirmation and final prices.

6.4 By submitting the Order Form, the Customer confirms acceptance of the Agreement.

  1. Payment Methods

7.1 Payment may be made by bank transfer or credit card.

7.2 Payment methods may change at the Company’s discretion.

7.3 Credit card charges occur after authorization.

7.4 Payments are processed via Nexi’s secure platform.

  1. Credential Security

8.1 Credentials are personal and must be kept confidential.

8.2 Unauthorized access must be reported immediately.

8.3 The Company may periodically verify email validity.

8.4 Customers guarantee accuracy of provided data.

  1. Delivery Terms

9.1 Shipment occurs after payment receipt.

9.2 Products are shipped within 3 business days.

9.3 Delivery times are not essential.

9.4 Customers accept potential delays.

9.5 Failed delivery will be rescheduled or refunded.

9.6 Customer-caused delivery failures may incur additional charges.

  1. Shipping

10.1 Shipments are limited to Italy.

10.2 Express couriers are used.

10.3 Order tracking is available.

10.4 Shipping costs and risks are borne by the Customer.

10.5 Products are not insured in transit.

10.6 Damaged packages must be accepted with specific reservation and documented within 24 hours.

10.7 Additional costs caused by Customer errors remain the Customer’s responsibility.

10.8 Customer-arranged pickup transfers all risks to the Customer.

10.9 The Customer indemnifies the Company against all shipping-related liabilities.

  1. Technical Documentation

11.1 Technical documents may be requested via b2b@latabaccheria.net
.

11.2 Post-order requests incur shipping costs.

  1. Packaging

12.1 Standard packaging is free.

12.2 Special packaging may incur additional costs.

  1. Warranty and Limitation of Liability

13.1 Products are subject only to mandatory statutory warranties. Defects must be reported within 48 hours.

13.2 Warranty is excluded in case of unpaid amounts or late notice.

13.3 Warranty excludes damage due to misuse, modifications, third-party repairs, negligence, or violation of Article 3.5.

13.4 Except in cases of willful misconduct or gross negligence, liability is limited to the amount paid by the Customer.

  1. After-Sales Assistance

14.1 Support is available at b2b@latabaccheria.net
.

14.2 Assistance may be provided via authorized suppliers.

  1. Product Integrity

15.1 Customers must inspect Products upon delivery.

15.2 Damage must be noted immediately and reported within 48 hours.

  1. Right of Withdrawal

16.1 Customers may withdraw within 8 days if Product characteristics change prior to shipment.

  1. Governing Law and Jurisdiction

17.1 Italian law applies.

17.2 Exclusive jurisdiction lies with the Court of Rome.

  1. Final Provisions

18.1 This Agreement supersedes prior agreements.

18.2 Tolerance does not imply waiver.

18.3 Invalid clauses do not affect remaining provisions.

18.4 Clauses are interpreted to preserve effectiveness.

  1. Privacy

19.1 Personal data are processed in accordance with GDPR. Privacy policy: https://www.iubenda.com/privacy-policy/683601
.

  1. Contacts

20.1 Contact: b2b@latabaccheria.net

  1. Legislative Decree 231 and Code of Ethics

21.1–21.3 The Distributor declares compliance with Legislative Decree 231/2001 and the Company’s Code of Ethics. Breach entitles the Company to immediate termination pursuant to Article 1456 of the Italian Civil Code.

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer expressly approves clauses: 3.5, 9.4, 10, 13, 17.2.