Terms of sale

Terms of sale

ARTICLE 1 – DEFINITIONS

In these general conditions of sale (the “General Conditions”), terms not otherwise defined shall have the meaning attributed to them below:

  • “Customer” means any person, whether or not they have completed the registration procedure, who browses the Site, including those who act as Visitor Customers or Registered Customers, whether they are Consumer Customers or Professional Customers.
  • “Consumer Customer” means the natural person acting for purposes outside of any entrepreneurial, commercial, craft or professional activity carried out, as defined in Article 3, letter a), of the Consumer Code.
  • “Professional Customer” means the natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity or their intermediary, as defined in Article 3, letter c), of the Consumer Code.
  • "Registered Customer" means a user who has successfully completed the Site registration process and has chosen their username and password to access, among other things, the dedicated section reserved for Registered Customers. Registered Customers have the right to browse the Site and use all the Services available on the Site from time to time.
  • “Visiting Customer” means the user who has the right to browse the Site, use the functions made available to all Customers, without having to register on the Site and without, consequently, being able to use the Services.
  • “Consumer Code” means Legislative Decree no. 206 of 6 September 2005 and subsequent amendments.
  • “Content” means all information, videos, images, sounds, music, photographs, software, newsletters (containing useful information aimed at using the Service and therefore intended to be an integral part of it), animations, databases, design and contents, trademarks, logos, technical solutions adopted, graphic designs, look & feel, structure and any other part already created or to be created, whether registered or not, covered by copyright or legally protected or not, published on the Site or any other material (in any form) or service that is made available through the Site or by Prato Erboso Srl to Customers, including information sheets relating to Products or Services, images or descriptions relating to Products or Services as well as trademarks or logos of third parties who are manufacturers or suppliers of the Products or Services.
  • “Contract” means, jointly, these General Conditions of Sale (including any document referred to in these General Conditions), any additional conditions published on the Site, any additional rules, directives, codes of conduct and/or instructions present on the individual Product data sheets or, in any case, published on the Site as well as any registration form or Purchase Order issued by the Customer and accepted by Prato Erboso Srl
  • “Business Day” means each calendar day except Saturday, Sunday and public holidays.
  • “Prato Erboso Shop” means the online sales shop, published on the Site, called “Prato Erboso Shop” and managed by Prato Erboso Srl
  • “Purchase Order” means the order for the purchase of one or more Products and/or Services indicated on the Site as “available” issued by the Customer in accordance with the purchasing procedure referred to in Article 4 below.
  • “Mixed Order” means the purchase proposal issued by the Customer, having as its object two or more Products of which at least one is indicated in the relevant information sheet as “available”, and at least one other as “orderable subject to availability verification”.
  • “Purchase Proposal” means the proposal having as its object (i) the purchase of one or more Products and/or Services indicated on the Site as “orderable subject to availability verification” or (ii) a Mixed Order, sent by the Customer in accordance with the purchasing procedure referred to in Article 4 below.
  • "Product" means any product offered for sale on the Website www.pratoerboso.com. "Prato Erboso Shop Point of Sale" means the 'Prato Erboso Shop' store managed directly by Prato Erboso Srl, where a Customer can collect and pay for Products purchased/ordered through the Website.
  • “Prato Erboso Shop Affiliated Sales Point” means a sales point affiliated with Prato Erboso Srl under the “Prato Erboso Shop” brand, meaning a sales point not managed by Prato Erboso Srl but by third parties (as better identified in the “Affiliated Shops” section), where a Customer can collect and pay for Products purchased/booked through the Site.
  • “Service” means any service made available on the Website www.pratoerboso.com, including – without limitation – the services provided by Prato Erboso Srl at the Customer's request and related to the sale of Products, such as – by way of example – the transport service, the floor transport service, the installation service and the WEEE collection service. Prato Erboso Srl is a single-member company, subject to the management and coordination of International Retail Holdings Sarl, with registered office in Ortanova, Via Ponticello, 24F, share capital of Euro 3,000.00 (three thousand/00) fully paid, registered in the Company Register of Foggia, registration number, Tax Code and VAT number 00876320409. “Site” means the website www.pratoerboso.com.

ARTICLE 2 – SUBJECT

2.1 The Contract contains the terms and conditions that govern: (1) the sale of Products and the supply of Services purchased by the Customer through the Site; and (2) the Customer's navigation on the Site and the use of all the functions made available to the Customer through the Site. 2.2 Any purchase of Products or Services made by (A) a Customer, acting as a Consumer Customer, will be governed, in addition to the Contract, also by the provisions of the Consumer Code and Legislative Decree no. 70/2003, as applicable; and (B) a Customer, acting as a Professional Customer, will be governed exclusively by this Contract, in addition to the provisions of the Civil Code, for anything not provided for herein.

ARTICLE 3 – REGISTRATION ON THE SITE AND ACCEPTANCE OF THE GENERAL CONDITIONS

3.1 The Customer who intends to act as a Registered Customer must complete the registration process on the Site by providing the requested information and personal data and indicating an email address (or choosing a "username", in the case of registration before November 24, 2012) to log in and a "password", as requested in the relevant section of the Site. Prato Erboso Srl. will send an email confirming registration to the email address provided by the Registered Customer during the registration process. 3.2 The Registered Customer is required to carefully read these General Conditions as well as, in general, the terms and conditions of the Contract, which can be viewed and printed during the registration process, including through access to pop-ups or hyperlinks. The Customer is required to accept these terms and conditions by clicking in the appropriate box marked "I accept the terms and conditions of use". 3.3 The Customer expressly authorizes Prato Erboso Srl to send this Agreement, including the relevant General Conditions, any special conditions, and all communications relating to the execution of this Agreement, to the Customer's email address, including via specific links to the relevant pages of the Site. The Customer acknowledges that this Agreement, including the relevant General Conditions, any special conditions, and all amendments in effect from time to time, may be printed on paper or downloaded by the Customer.

ARTICLE 4 – PURCHASE ORDER, CONCLUSION OF THE CONTRACT, ORDER STATUS

4.1 Customer Purchase Methods The Customer may purchase the Products and Services on the Site as described in the relevant information sheets. The information sheet for each Product indicates: - "available": means that the Product is physically present in the central warehouse of Prato Erboso Srl. The Customer may purchase a Product indicated in the relevant information sheet as "available" by submitting the relevant Purchase Order. - "orderable subject to availability check": means that the Product is not physically present in the central warehouse of Prato Erboso Srl, but may be available at the warehouses of the Prato Erboso Shop Points of Sale. The Customer can proceed with the purchase of a Product indicated in the relevant information sheet as "orderable subject to availability verification" by sending the relevant Purchase Proposal, which is considered accepted only in the event of a positive outcome of the Product availability verification that Prato Erboso Srl communicates to the Customer via email within 3 working days of receiving the Purchase Proposal. Further information that is clearly indicated in the information sheet includes the main characteristics of the Products and Services, the total price including taxes and shipping costs. The Contract must be reviewed by the Customer before placing any Purchase Order or Proposal to Purchase Products or Services. Without prejudice to the provisions of Article 3 above for Registered Customers, the submission of a Purchase Order or a Purchase Proposal by the Customer implies full knowledge and acceptance of these General Conditions and the Contract in general. Purchase Orders and Purchase Proposals must be completed using the electronic form available in the appropriate section of the Site and must be sent via the Site, according to the methods indicated therein. The Purchase Order will be binding on Prato Erboso Srl only if the entire purchase procedure has been completed regularly and correctly, without any error messages being displayed by the Site. Furthermore, if the Customer has chosen home delivery, Prato Erboso Shop will verify the validity of payments made by credit card and PayPal within 48 hours of receiving the customer's order. Customer, specifically: (i) payment authorization from the banking system, in the case of payment by credit card or PayPal. Prato Erboso Srl checks the validity of payments made by credit card and PayPal within 48 hours of receiving the customer's order. The Purchase Proposal will be deemed correctly sent by the Customer only if the entire procedure is completed regularly and correctly, without any error messages being highlighted by the Site. In any case, it remains understood that: (i) the Purchase Proposal will be deemed accepted by Prato Erboso Srl only in the event of a positive outcome of the availability verification of the Product indicated in the relevant sheet as "orderable subject to availability verification"; (ii) the Purchase Proposal relating to the case of Mixed Orders will be deemed accepted by Prato Erboso Srl only in the event of a positive outcome of the availability verification of those Products indicated in the relevant sheet as "orderable subject to availability verification". In both cases, Prato Erboso Srl will notify the customer of the outcome of the availability check. Failure to notify the customer will be deemed non-acceptance of the purchase proposal, which will therefore be cancelled. Payment by PayPal or credit card is immediate upon completion of the order.

4.2.1 Confirmation of Receipt of Purchase Order After submitting the Purchase Order, the Customer will receive a confirmation email indicating the relevant identification number. If the Customer chooses to charge their credit card as the payment method, the amount will not be charged upon completion of the order, but only a blocking of the credit limit for the amount required for the purchase. The actual charge for the purchase of the product will occur upon shipment of the product(s). If the Customer chooses to charge their PayPal account as the payment method, the amount for the purchase of the product will be charged upon completion of the purchase. If the Customer chooses to collect the Products from a Prato Erboso Shop Point of Sale, within 7 days of receiving the aforementioned email, Prato Erboso Srl will notify the Customer of the day on which they can go to the chosen Point of Sale to collect the Products and proceed with payment using the payment methods available at the Point of Sale. If the Customer does not collect the Products within 10 Business Days of the Products being available at the Point of Sale, the order will be automatically cancelled.

4.2.2 Confirmation of receipt of the Purchase Proposal and confirmation of acceptance of the Purchase Proposal After submitting the Purchase Proposal (even if it concerns a Mixed Order), the Customer will receive an email confirming receipt of the Purchase Proposal, indicating its identification number. Within 3 days of receiving the aforementioned email, Prato Erboso Srl will communicate the outcome of the availability check to the Customer. Please note that in the case of a Mixed Order, until the availability check for the Products indicated in the relevant information sheet as "orderable subject to availability check" has been successfully completed, the entire Purchase Proposal will remain pending. Successful outcome of the availability check Upon successful completion of the Product availability check, the Customer will receive an email from Prato Erboso Srl. with which the latter will inform the Customer that the Products are available and the Purchase Proposal has been accepted. If the Customer has chosen to collect the Products at a Prato Erboso Shop Point of Sale, within 7 days of receiving the email accepting the Purchase Proposal, Prato Erboso Srl will notify the Customer of the day on which he or she can go to the chosen Point of Sale to collect the Products and proceed with payment using the payment methods available at the Point of Sale. If the Customer does not collect the Products within 10 Business Days of the Products being available at the Point of Sale, the order will be automatically cancelled. Negative outcome of the availability check. If the Product availability check fails, the Customer will receive an email from Prato Erboso Srl informing the Customer that the Products are not available and the Purchase Proposal has not been accepted. This email will therefore indicate that the Purchase Proposal has been cancelled. Only in the case of Mixed Orders, within 3 Business Days of placing the Purchase Proposal, the Prato Erboso Srl call center will contact the Customer, who may choose whether to proceed with the purchase of the available Product(s) or cancel the Purchase Proposal. If Prato Erboso Srl does not receive instructions within 5 Business Days of placing the Purchase Proposal, Prato Erboso Srl will cancel the entire Purchase Proposal. If the Customer's payment method is credit card or PayPal, the amount will be refunded to the respective payment circuits within the timeframes established by those circuits.

4.3 Conclusion of the Contract If a Product is indicated in the relevant information sheet as "available," the Contract shall be deemed concluded upon the Customer's receipt of confirmation of receipt of the Purchase Order sent via email. If a Product is indicated in the relevant information sheet as "orderable subject to availability verification," the Contract shall be deemed concluded upon the Customer's receipt of confirmation of the positive outcome of the Product availability verification and, after successful verification of the regularity of the payment by the Customer, acceptance of the Purchase Proposal sent via email. In the case of a Mixed Order, the Contract shall be deemed concluded upon the Customer's receipt of confirmation of the positive outcome of the availability verification of the products indicated as "orderable subject to availability verification" and, therefore, acceptance of the Purchase Proposal sent via email. Without prejudice to the foregoing, the Customer acknowledges and agrees that: (1) in the event that the Contract concluded as above provides for the delivery of the Product to the Customer's home (at an address indicated by the Customer) or to a Prato Erboso Shop Point of Sale selected by the Customer in the Purchase Order, the Contract itself shall be deemed to have been concluded by the Customer with Prato Erboso S.r.l., which, therefore, shall act as seller of the Product purchased (as well as supplier of any Services purchased by the Customer); (2) on the contrary, in the event that the Contract concluded as above provides for the delivery of the Product purchased to an Affiliated Point of Sale selected by the Customer in the Purchase Order, the Contract itself shall be deemed to have been concluded by the Customer directly with the Affiliated Point of Sale, which, therefore, shall act as seller of the Product purchased (as well as supplier of any Services purchased by the Customer). In this last regard and for clarity, the Customer acknowledges and agrees that in the case of Contracts stipulated with Prato Erboso Shop Affiliated Points of Sale sub (2), Prato Erboso Srl will act, through the Site, as a mere agent with representation, pursuant to art. 1704 et seq. of the Civil Code, of the Affiliated Point of Sale with which the Contract has been concluded from time to time by the Customer. Accordingly, any right, faculty, remedy or obligation deriving from said Contracts must be exercised, experienced or fulfilled, as appropriate, by the Customer directly towards the Affiliated Point of Sale with which the Contract has been concluded. Ownership of any Product purchased by a Customer pursuant to the Contract will be transferred to the Customer only upon full payment by the latter of the amount due for the purchase of the Product itself. Consequently, Prato Erboso Srl will proceed with the delivery of the Product only and exclusively once it has received full payment of the amount due from the Customer.

4.4 Order Status Updates Prato Erboso Srl reserves the right to provide the Customer with updates on the status of execution of any contract concluded pursuant to the previous art. 4.3. (1) In the case of contracts that provide for the delivery of the Products purchased to the home address (at an address indicated by the Customer), Prato Erboso Srl will proceed to communicate the following statuses of the Purchase Order: – SHIPPED, meaning that all the Products relating to the Purchase Order have been shipped to the indicated address. In the order details, it will be possible to check the waybill code for all orders and the related link that opens the carrier's website with delivery information. Shipment status with Amati Shipment status with Fast Est – PARTIALLY SHIPPED, meaning that, when the Purchase Proposal is made up of multiple Product lines, at least 1 (one) of these Products has already been shipped (specifying which Product has been shipped); Prato Erboso Srl, in fact, can ship the Products from different warehouses and, therefore, at different times. (2) In the case of Purchase Orders that provide for the delivery of the Products to a Prato Erboso Shop Point of Sale or to an Affiliated Point of Sale, Prato Erboso Srl will proceed to communicate to the Customer when the Order is AVAILABLE FOR COLLECTION, meaning that the Products relating to the Purchase Order in question are available for collection at the Prato Erboso Shop point of sale or at the Affiliated Point of Sale.

ARTICLE 5 – PRODUCT CHARACTERISTICS

5.1 Products on offer. Any purchase by the Customer of Products published in the "offer" section or expressly indicated as "limited offer" (or synonyms) is subject to a daily purchase limit of one item per Customer per day. For certain specific promotions, please refer to the relevant regulations on the website.

5.2 Prices The prices of the Products published on the Site include VAT but do not include any costs for Services that may be requested by the Customer. Purchases of the Products, as illustrated and described on the online Site in the relevant technical data sheets, as well as the Services are made by the Customer at the price in effect at the time the Purchase Order or Purchase Proposal is sent. This price will, in any case, be displayed on the Site and in the Purchase Order or Purchase Proposal. Without prejudice to the foregoing, Prato Erboso Srl reserves the right to change the prices of the Products and Services listed on the Site at any time, at its sole discretion and without notice. Therefore, Prato Erboso Srl does not provide any guarantee that the selling price of the Products or Services will remain available on the Site or unchanged for a certain period of time. Conversely, and for clarity, any price in effect at the time of receipt by Prato Erboso Srl of a Purchase Order or a Purchase Proposal will remain firm and unchangeable between the parties.

5.3 Product Descriptions The Product technical data sheets on the Site (and, therefore, the description of the functions and characteristics of each Product) are drawn up directly by the manufacturer of each Product in question. Therefore, Prato Erboso Srl declines any and all responsibility for any errors in the technical data sheets and/or inaccuracies and/or for discrepancies between the Product descriptions and the actual functions and characteristics of the Products themselves. The images and photos used to accompany each Product description are merely indicative and may not perfectly represent the characteristics of the Product itself, as the Product may differ in color, size, or accessories not shown in the accompanying images and photos.

ARTICLE 6 – PAYMENT METHODS

6.1 Payment in case of collection at a Prato Erboso Shop Point of Sale The Customer who has chosen to collect the Products at one of the Prato Erboso Shop Points of Sale indicated on the Site, may make the relevant payment only at the selected Prato Erboso Shop Point of Sale using the payment methods made available by the same Prato Erboso Shop Point of Sale and may also collect the Products at different times (if the relevant Purchase Order or the Purchase Proposal subsequently accepted concerns multiple Products or multiple copies of the same Product).

6.2 Payment in case of collection at an Affiliated Point of Sale The Customer who has decided to purchase the Products from an Affiliated Point of Sale may make the payment only at the selected Affiliated Point of Sale, at the time of collection of the Products, using the payment methods made available by the same Affiliated Point of Sale.

6.3 Payment in case of home delivery The Customer who has decided to receive the Product at home, can make the payment, alternatively, with (1) credit card, (2) PayPal, (3) Agos financing.

6.4 Payment methods (1) Credit card In the case of home delivery of the Product, if the Customer has chosen to pay by credit card from those available and indicated online, when sending the Purchase Order or Purchase Proposal, the Customer must enter the credentials of the credit card with which the payment will be made. Barclays Bank PLC or another bank identified from time to time by Prato Erboso Srl (through the service called smart-pay) will automatically verify, at the time of the order, the operation of the card, sending an email indicating the outcome of the transaction. Prato Erboso Srl does not send any email to the customer with the outcome of the transaction. The amount due is actually collected by Prato Erboso Srl upon shipment of the Product and, in any case, after the relevant invoice has been issued. For a Purchase Order or Purchase Proposal to be confirmed (without prejudice to the procedure set forth in Article 4 above), the Customer must provide a contact telephone number to allow Prato Erboso Srl to perform any necessary checks to ensure the security of the transaction. Failure to provide this information will result in Prato Erboso Srl not accepting the Purchase Order or Purchase Proposal. At no point during the payment process will Prato Erboso Srl be able to access credit card information, credit card number, or financial, asset, or personal information about the Customer. The payment order is, in fact, transmitted – via a secure connection – directly to the portal of Barclays Bank PLC or a financial company expressly indicated, upon confirmation by the Customer. Prato Erboso Srl is under no circumstances responsible and cannot be held liable for any fraudulent or illicit use of credit cards by third parties during the purchase and payment process. Prato Erboso Srl reserves the right not to accept Purchase Orders or Purchase Proposals or to suspend the execution of Contracts already concluded in the event of anomalies or irregularities in payment. In such cases, Prato Erboso Srl reserves the right to request additional information from the Customer and/or the sending of copies of documents proving ownership of the credit card used for the purchase. In the absence of the requested documentation, Prato Erboso Srl reserves the right not to accept the Purchase Order or Purchase Proposal or to terminate any Contract already concluded, without this giving the Customer any right to request compensation for damages or to assert other claims. (2) PayPal In the case of home delivery of the Product, if the Customer has chosen to purchase through the PayPal payment method, upon completion of the order, the Customer is directed to the PayPal login page. The amount due by the Customer for each Purchase Order or Purchase Proposal will be charged to the Customer's PayPal account upon shipment of the Product and, in any case, after the relevant invoice has been issued. For each transaction made with the PayPal account, the Customer will receive a confirmation email from PayPal. Prato Erboso Srl reserves the right to refuse to accept Purchase Orders or Purchase Proposals or to suspend the execution of Contracts already concluded if PayPal reports anomalies or irregularities in the payment. In such cases, Prato Erboso Srl reserves the right to request additional information from the Customer and/or copies of documents proving ownership of the credit card used for the purchase. In the absence of the required documentation, Prato Erboso Srl reserves the right to refuse to accept the Purchase Order or Purchase Proposal or to terminate any Contract already concluded, without this giving the Customer any right to claim compensation for damages or assert other claims. (3) Agos Financing In the case of home delivery of the Product, if the Customer has chosen to purchase through the payment by instalments method, at the end of the order, The Customer will be redirected to the Agos Ducato website where they can select the installment, download the pre-contractual documentation, complete the financing request form online, and follow the instructions to submit the documentation to Agos Ducato. The Customer will receive updates on the non-binding financing request via email. Once all the documentation has been received, Agos Ducato will issue final approval by sending a confirmation email. SGM will process the order only after final approval. Financing approval is subject to the discretionary assessment of Agos Ducato, for whose actions—including with regard to the timing of the approval process—SGM is not responsible to the Customer. Following final approval of the financing by Agos Ducato, the purchase price installments are charged to the Customer according to the timing and methods indicated in the financing agreement between the Customer and Agos Ducato. If Agos Ducato does not approve the financing, the Customer's order will be considered cancelled. The Customer may also place a new order by choosing one of the additional payment methods provided in these general conditions of sale. 6.5 Payment Security. For online payments, the data provided by the Customer is transmitted using secure methods that prevent unauthorized access. The Site is certified by Thawte Consulting (which the Customer can verify using the certificate that appears by clicking on the closed padlock icon in the bottom bar of the browser). In addition to the above, the application software used to manage the www.pratoerboso.com site uses the SSL (Secure Socket Layer) protocol to encrypt data sent over the Internet, and VerifiedByVISA and SecureCard for transaction security. To ensure a secure connection, you must use a browser such as Internet Explorer (5.x and later), Netscape Navigator (4.x and later), Mozilla Firefox (1.x and later), Opera, Safari, or Chrome capable of transmitting encrypted data to the Prato Erboso Srl server. To determine whether you are using a secure connection, simply check that the prefix "https" instead of "http" is used in the page address and that the padlock image in the browser's bottom bar is "closed." Additionally, please note that credit card details are only transmitted to the Barclays Bank PLC server after the Customer has clicked "confirm" (for the purposes of this document, it is important to note that Prato Erboso Srl itself cannot view this data). Until that point, the data remains stored exclusively on the Customer's computer.

ARTICLE 7 – DELIVERY OF PRODUCTS

7.1 In general, Prato Erboso Srl delivers the Products exclusively within Italy. The Customer (whether Registered Customer or Visitor Customer) who is not resident in Italy must, however, specify in the Purchase Order or Purchase Proposal a delivery location within Italy. The purchased products will be delivered: – to the address indicated by the Customer in the Purchase Order or Purchase Proposal; – to the Prato Erboso Shop Point of Sale selected by the Customer in the Purchase Order or Purchase Proposal; – to the Affiliated Point of Sale under the “Prato Erboso Shop” brand selected by the Customer in the Purchase Order or Purchase Proposal; 7.2 Home delivery or collection at a Prato Erboso Shop store Delivery times and storage The Products indicated as "available" will be delivered to your home (or made available at the Prato Erboso Shop store selected by the Customer in the Purchase Order) within the indicative and non-binding deadline indicated in the relevant product sheet and in the Purchase Order confirmation email and in any case no later than 10 (ten) Business Days from the sending of the email confirming receipt of the Purchase Order referred to in the previous art. 4.2.1. As a partial exception to the foregoing, in the case of home delivery, if the Customer, together with the purchase of Products, has also requested the provision of Installation and WEEE collection Services, the Products will be delivered within 15 (fifteen) Business Days from the sending of the email confirming receipt of the Purchase Order referred to in the previous art. 4.2.1. For Products indicated as "orderable subject to availability verification", and in the case of Mixed Orders, the indicative time for home delivery or the moment from which the Products are available at the Prato Erboso Shop Sales Point, will be indicated in the email confirming acceptance of the Purchase Proposal, after Prato Erboso Srl has verified the availability of those Products indicated as "available subject to availability verification". In any case, pursuant to art. 61, paragraph 1 of the Consumer Code, Prato Erboso Srl will deliver within and no later than thirty days from the day following the day on which the Customer sent the Purchase Order to Prato Erboso Srl. In the event that the Products are not delivered within the peremptory terms indicated in the preceding paragraphs, Prato Erboso Srl will contact the Customer within 2 (two) Business Days providing information on the status of the shipment, without prejudice to the Customer's right to obtain a refund and the further rights provided for by art. 61, paragraphs 3-7 of the Consumer Code. In the event of the purchase of multiple Products of different types, Prato Erboso Srl reserves the right to deliver the individual Products with different delivery times. This choice by Prato Erboso Srl will not result in any additional costs for the Customer. The Customer is required to verify, upon receipt of the ordered Products: (a) whether the number of packages delivered corresponds to that indicated on the transport document; (b) whether the packaging is intact; (c) whether the Product delivered to them complies with the Purchase Order or the Purchase Proposal made. The Customer must sign the delivery note indicating "subject to inspection of the integrity of the products"; if this does not happen, the Customer will not be able to subsequently contest the external non-conformity of the Product and its quantity compared to what was ordered. In the event of collection of the Product at a Prato Erboso Shop Point of Sale, Prato Erboso Srl will communicate, via email, the date from which the Product can be collected at the same Prato Erboso Shop Point of Sale chosen by the Customer and so for 10 (ten) Business Days from the date on which the Product is available as above. After this last deadline, Prato Erboso Srl will have the right to declare the relevant Contract terminated and ineffective and, in this case, Prato Erboso Srl will have the right to put the Product back on sale. The Customer will not receive any email after the 10 (ten) business days in which the product is kept aside. Home delivery For orders over € 100,000. For home deliveries, the Customer may choose certain Services for each individual order line, specifically: (a) the installation service for the purchased Product; (b) Collection of used waste (WEEE). For clarity, this service is free. The collection of used waste will be concurrent with delivery and any installation (if requested). If these Services are purchased, they must be performed by authorized installers and, therefore, delivery times may be longer; Prato Erboso Srl expects that, in this case, deliveries may take place within 15 (fifteen) Business Days from the sending of the Purchase Order acceptance email. For home delivery, the Customer may choose the following additional paid services as indicated in the cart: - Saturday morning delivery; - Delivery by 12 noon on the day following receipt of the Purchase Order acceptance email; - Delivery by telephone appointment; - Delivery to the floor. Prato Erboso Shop Club Loyalty Card The Prato Erboso Shop Club Card is the brand's loyalty card. Prato Erboso Shop allows you to accumulate points and benefit from discounts, promotions, and advantages at all stores participating in the Prato Erboso Shop Club program. You can request it at all participating stores using the in-store totems or by completing the membership form at the service center. Alternatively, you can also do it yourself online at unieuroclub.it. You can use the points for your purchases at participating stores: simply present the card at the checkout before paying and you will receive your immediate discount. You can also use them for your online purchases at unieuro.it by linking the card to your profile and requesting the points to be deducted before closing your cart. Invoice: The invoice for purchases of Products (and related Services) delivered to your home can be downloaded by Registered Customers directly online in the Customer profile. Guest Customers can download the invoice by entering the order number and email address in the appropriate section called 'order status'. For Products collected at a Point Lawn Shop Sale, The invoice will be delivered directly to the Customer at the same Prato Erboso Shop Point of Sale. No changes to the invoice will be possible after it has been issued. For orders involving multiple Products, separate invoices may be issued based on the shipments actually made. In any case, the invoices will be issued by Prato Erboso Srl upon shipment of the products. Shipping Costs Shipping. A shipping cost must be added to the price of the Product purchased by the Customer for which home delivery is requested. This amount is calculated automatically by the Prato Erboso Srl system, taking into account, among other things, the weight and dimensions of the Products, but without distinctions related to the place of delivery in Italy. This amount will be indicated in the Purchase Order and in the Purchase Proposal before it is sent by the Customer. Collection at Prato Erboso Shop. Otherwise, if the Products are collected at a Prato Erboso Shop Point of Sale, no shipping costs will be added. 7.3 Delivery to a Prato Erboso Shop Affiliated Point of Sale Products purchased/ordered on the Site may also be collected by the Customer at one of the Affiliated Points of Sale under the "Prato Erboso Shop" brand, not directly managed by Prato Erboso Srl but affiliated with the latter and better listed in the "Points of Sale" section, where it is possible to divide and filter the affiliated points of sale. In this case and in accordance with the provisions of the previous art. 4.3, the Contract for the purchase of the Product will be deemed to be executed by the Customer not with Prato Erboso Srl but directly with the Affiliated Point of Sale from which the Product is to be collected. Said Prato Erboso Shop Affiliated Point of Sale will be considered the seller of the same Product, for all legal and contractual purposes, including – by way of example – in relation to the legal guarantee of conformity (also pursuant to Articles 128 et seq. of the Consumer Code), as well as for technical assistance and for everything relating to the execution of the relevant Sales Contract. In the event of collection of a Product from a Prato Erboso Shop Affiliated Point of Sale, the Customer who is a Prato Erboso Shop Club holder will be able to accumulate and spend the points accumulated with the same loyalty card at the point of sale where the Product was collected only if the same is among those participating in the initiative; the points accumulated with the purchase of each Product will in any case be credited to the Prato Erboso Shop Club automatically, and the Customer will be able to verify the crediting of the points online in the 'Prato Erboso Shop Club' section. Invoice The invoice will be delivered directly to the Prato Erboso Shop Affiliated Point of Sale; In this case, the invoice will be issued directly by the Prato Erboso Shop Affiliated Point of Sale where the Product is collected. Additional charges: If the Products are collected at a Prato Erboso Shop Affiliated Point of Sale, no shipping costs will be added. Collection: Not all Products from the range available on the www.pratoerboso.com website may be available for collection at a Prato Erboso Shop Affiliated Point of Sale. 7.4 WEEE Collection For information regarding WEEE collection when purchasing a Product, please refer to the dedicated WEEE section available at the eco-contribution-weee link in its constantly updated version. 7.5 Product Unavailability In the event of unavailability of a Product indicated as "available", and for which the Customer has made payment at the time of the Purchase Order, Prato Erboso Srl will inform the Customer via email within 3 working days of receiving the Purchase Order, and will refund the amount paid within the same period using the same payment method used for the purchase, informing the Customer of the time normally required for re-crediting. Prato Erboso Srl will also send a 10% discount coupon that can be used for any Product purchased on the Site, without prejudice to any further damages suffered by the Customer. The same procedure applies to Purchase Proposals, even if they refer to Mixed Orders, for which the Customer has made payment after receiving confirmation of availability from Prato Erboso Srl, if it subsequently turns out that one or more Products subject to the Purchase Proposal are unavailable. In the event of unavailability of a Product indicated as "available" for which the Customer has chosen to collect it in store, Prato Erboso Srl will inform the Customer via email within 3 Business Days of receiving the Purchase Order and will send a 10% discount coupon that can be used for any Product purchased on the Site. The same procedure applies to Purchase Proposals, even if they refer to Mixed Orders, for which the Customer has not made payment after receiving confirmation of availability from Prato Erboso Srl, if it subsequently turns out that one or more Products subject to the Purchase Proposal are unavailable.

ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY

All Products purchased through the website www.pratoerboso.com enjoy the legal guarantee of conformity pursuant to the Consumer Code and the Civil Code, as applicable. Professional Customer For each Product purchased by a Professional Customer (i.e. a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary), the latter will benefit from the guarantee for defects of the item sold pursuant to art. 1490 et seq. of the Civil Code; the Professional Customer's action aimed at asserting the guarantee for defects expires 1 (one) year after delivery of the purchased Product and the related defects must be reported within the terms set out in art. 1495 of the Civil Code. Consumer Customer For each Product purchased by a Consumer Customer, the latter will benefit free of charge from the legal guarantee of conformity ("Legal Guarantee") provided for by articles 128 et seq. of the Consumer Code. The seller's Legal Guarantee applies to defects of conformity that become apparent within 24 months of the Product's delivery date and are reported by the consumer within 2 months of the date the defects were discovered, in accordance with art. 132 of the Consumer Code. It is specified that a lack of conformity exists when one of the following situations occurs: (i) the product is not suitable for the use for which it is normally intended; (ii) it does not conform to the description or does not possess the qualities promised by the seller; (iii) it does not offer the qualities and performance usual for goods of the same type; (iv) it is not suitable for the particular use intended by the consumer if made known to the seller at the time of purchase and accepted by the seller. The Consumer Customer will in any case remain the holder of the rights deriving from the Legal Guarantee described above, regardless of the subscription to other conventional guarantees, whether free or paid. Remedies available to the Consumer Customer In the event of a lack of conformity, the Consumer Customer may request, at his/her discretion, the repair of the Product or its replacement, unless the requested remedy is objectively impossible or excessively onerous compared to the other remedy pursuant to the provisions of art. 130, paragraph 4 of the Consumer Code. In particular, a remedy is to be considered excessively onerous if it imposes unreasonable costs on the seller compared to the other remedy, taking into account: (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be implemented without significant inconvenience to the Consumer Customer. Prato Erboso Srl, in order to provide a high-level and absolutely transparent after-sales assistance service, undertakes, on a voluntary basis, to have the repair carried out or replace the defective Product within 40 (forty) days of the request for assistance under warranty. Alternatively, the Consumer Customer may request, at his or her discretion, an appropriate price reduction or termination of the contract if one of the following situations occurs: (i) repair or replacement is impossible or excessively costly; (ii) Prato Erboso Srl has not repaired or replaced the Product within 40 (forty) days; (iii) the replacement or repair previously carried out has caused significant inconvenience. A minor lack of conformity for which it has not been possible or is excessively costly to pursue the remedies of repair or replacement does not give the right to terminate the contract. Once Prato Erboso Srl has received the notification of the lack of conformity, it reserves the right to offer the Consumer Customer any other available remedies, with the following effects: (i) if the Consumer Customer has already requested a specific remedy, Prato Erboso Srl will remain obliged to implement it, with the necessary consequences in relation to the expiry of the 40 (forty) day term mentioned above, unless the Consumer Customer accepts the proposed alternative remedy; (ii) if the Consumer Customer has not already requested a specific remedy, he/she must accept the proposal or reject it by choosing another of the remedies provided by law. Cases of exclusion of the Legal Guarantee The Consumer Customer will not be entitled to repair, replacement, price reduction or termination of the Contract in relation to any Product or any component identified as defective if, unless otherwise provided and in accordance with applicable law: (i) the Products have been repaired or altered by persons other than the manufacturer, Prato Erboso Srl or any other authorised person; and/or (ii) the lack of conformity of the Product or Products has become apparent after the term of 2 (two) years from delivery of the Product itself and/or the relevant request for repair or replacement of the defective Product or Products has been sent after 2 (two) months from the discovery of the defect; and/or (iii) the defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation, performed by persons other than the manufacturer, Prato Erboso Srl or any other authorized person - or failure to comply with the instructions provided by the manufacturer or other instructions provided by Prato Erboso Srl together with the delivered Products; and/or (iv) at the time of conclusion of the Contract, the Consumer Customer was aware of the defect and could not have ignored it with ordinary diligence; and/or (v) the lack of conformity arises from instructions or materials provided by the Consumer Customer. Operating procedures for asserting the Legal Guarantee The Legal Guarantee must be asserted directly against Prato Erboso Srl, if the latter acts as the seller of the defective Products, and specifically in the case of the sale of Products for which the relevant Contract provides for home delivery of the Product (to an address indicated by the Customer), to the carrier's warehouse, or to a Prato Erboso Shop Point of Sale selected by the Customer in the Purchase Order; Conversely, in the case of the sale of Products for which the relevant Contract provides for delivery of the Product to a Prato Erboso Shop Affiliated Point of Sale selected by the Customer in the Purchase Order, said warranty must be asserted directly against the same Affiliated Point of Sale, which, in this case, will act as the seller of the defective Products. The Legal Warranty can be asserted: (i) At the point of sale. The Customer - equipped with the Product and the documentation proving its purchase - can go directly to the Prato Erboso Shop Points of Sale or to the Prato Erboso Shop Affiliated Point of Sale where the defective Products were delivered and contact the relevant staff, who will be available to provide all the necessary assistance in relation to the specific case. The staff at the aforementioned points of sale will collect the Product for which the Customer complains of a lack of conformity and will provide the "repair sheet", a document certifying acceptance of the Product and containing all the information and references regarding the procedure to follow to benefit from the Legal Guarantee, if the conditions are met. (ii) By telephone or email. Alternatively, the Customer may contact the point of sale by telephone, or contact Customer Service at 02-61317291, or send their request by completing the form at the following address. The staff will provide the Customer with the necessary information regarding the conditions and procedures for benefiting from the Legal Guarantee. Prato Erboso Srl, or its affiliated Prato Erboso Shop point of sale, generally uses specialized technical assistance centers to repair the Products it sells or to assess the conditions for their replacement under warranty. This does not affect the liability of the person acting as seller of the defective Product, who will always remain directly responsible for the performance of the Legal Guarantee. If the Product for which a lack of conformity is claimed is bulky or difficult to transport (e.g., white goods such as washing machines, dishwashers, etc.) and if the customer does not return the Product to the point of sale, Prato Erboso Srl will directly provide the necessary technical assistance and will provide the customer with the contact details of the technical assistance operators.

ARTICLE 9 – RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER

1. Pursuant to Articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract, without any penalty and without specifying the reason, within fourteen days of receiving the Product without having to provide any reason. In the event of separate delivery of multiple goods, ordered by the Consumer Customer in a single order, the fourteen-day period for exercising the right of withdrawal starts from the day the last good is delivered. 2. The Consumer Customer must communicate their intention to withdraw from the contract using one of the following methods: Sending the standard form compliant with Annex B of Legislative Decree 21/2014, available at this link in PDF format, by registered letter with acknowledgement of receipt to: Prato Erboso Srl Via Ponticello, 24F 71045 - Ortanova (FG). At the Customer Care Office or by fax to 0885/787420. Sending any other explicit declaration of the decision to withdraw from the Contract by registered letter with acknowledgement of receipt to: Prato Erboso Srl Via Ponticello, 24F 71045 - Ortanova (FG). At the Customer Care Office or by fax to 0885 787420. By completing the form in the customer support section. 3. Prato Erboso Srl will promptly notify the Consumer Customer of receipt of the withdrawal exercised, via email to the email address provided during the purchase procedure on the Site. 4. In accordance with the provisions of Article 59, letters c) and d) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for Products made to measure or clearly personalized or which are liable to deteriorate or expire rapidly. 5. The right of withdrawal does not apply to audiovisual products and computer software products originally sealed and opened by the consumer, nor to sealed goods that are not suitable for return for hygiene or health protection reasons and that were opened after delivery. Regarding the condition of the goods, they must be in a normal state of preservation. The consumer is only liable for any decrease in value resulting from handling other than "normal" handling necessary to verify the nature, characteristics, and functioning of the goods. 6. The Products for which the right of withdrawal is exercised must be returned within fourteen days from the day on which the Consumer Customer communicated the exercise of the right of withdrawal, substantially intact, in their original packaging, complete with accessories and any manuals, and without any missing parts. Please note that if the Product was collected from a Prato Erboso Shop Point of Sale, the Product must be returned directly to the same Prato Erboso Shop Point of Sale. In this case, we therefore ask you to go to the relevant point of sale and contact the staff, who will be at your disposal. Similarly, if the Product was collected from a Prato Erboso Shop Affiliated Point of Sale, the Product must be returned directly to the same Prato Erboso Shop Affiliated Point of Sale. If, however, the Product was purchased on the Site, the Product must be delivered to the following address: Prato Erboso Srl, via Ponticello, 24 71045 Ortanova (FG) 7. The only costs owed by the Consumer Customer for exercising the right of withdrawal are the direct costs of returning the goods, as provided for by Article 57, paragraph 1, of the Consumer Code. 8. Once the withdrawal request has been received, Prato Erboso Srl will refund the entire amount paid by the Consumer Customer within fourteen days of the date on which the Consumer Customer exercised the right of withdrawal, by crediting the current account used at the time of purchase, or using the bank details provided by the Consumer Customer with the withdrawal notice and in any case using the same payment method used by the Consumer Customer at the time of purchase. Prato Erboso Srl reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal, or until the Consumer Customer has demonstrated that he has returned the goods, whichever occurs first. 9. However, if the methods, conditions and terms for exercising the right of withdrawal, as specified in this article, are not respected, the Consumer Customer will not be entitled to a refund of the sums already paid. In this case, the Consumer Customer may obtain, at his or her own expense, the Product in the same condition in which it was returned to Prato Erboso Srl. Otherwise, Prato Erboso Srl (or the Affiliated Point of Sale, as applicable) may retain the returned Products, in addition to all sums already paid by the Consumer Customer for the relevant purchase. Shipping and transport costs are the responsibility of the Customer. Exclusion of the right of withdrawal The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to Contracts concluded with Professional Customers.

ARTICLE 10 – SECURITY

The Registered Customer is responsible for the storage and proper use of all emails, usernames, nicknames, and passwords used to connect to the Site and must take all necessary measures to ensure that they are used properly and that usernames and passwords are kept secret and not disclosed to any unauthorized person. The Registered Customer is responsible for all activities performed through his or her account and is liable for damages resulting from the improper use of his or her login details by third parties. The Registered Customer must immediately inform Prato Erboso Srl if there is reason to believe that a username (or email) or password has been, or is likely to have been, known to someone not authorized to use it, or is likely to be used in an unauthorized manner. If a Registered Customer forgets or loses their username, they must contact Prato Erboso Srl and perform the security checks required by Prato Erboso Srl. Prato Erboso Srl reserves the right to suspend their username (or email address), nickname, and password for accessing the Site if it believes there is, or is likely to be, a security issue or unauthorized use thereof. The Registered Customer is responsible for the accuracy of the information and personal data provided upon registration. The Registered Customer must immediately inform Prato Erboso Srl of any changes to the information and personal data provided upon registration or, if possible, update it directly, to ensure that such information and personal data are always current, accurate, complete, and truthful. If false, inaccurate, or incomplete information or personal data is provided, or if Prato Erboso Srl has reasonable grounds to suspect that false, inaccurate, or incomplete information or personal data has been provided, Prato Erboso Srl will have the right to prevent the Registered Customer from using the Site.

ARTICLE 11 – USE OF THE SITE

The Site, the Products, Services, and features made available or purchased through the Site are provided solely for the Customer's personal use. The Customer may not resell or attempt to resell any Products, Services, Content, or features made available or purchased through the Site to any third party, nor may the Site be used for business or for any professional or commercial purposes, including advertising, promotion, placement, or any other form of marketing of Products, Services, or Content made available through the Site, without the prior written consent of Prato Erboso Srl. The Customer may not copy, modify, transmit, distribute, publicly display, download, print, or publish any portion of the Site or Content for commercial purposes. The Site may be used exclusively for the Customer's personal purposes and in accordance with this Agreement. The User may not in any way modify or change the editing, graphics, layout, or "look and feel" of any web page within the Site, as these will be defined by Prato Erboso Srl or on behalf of Prato Erboso Srl at its sole discretion. Prato Erboso Srl shall have the right to insert its trademark, trade name, logo, ideogram, or other distinctive sign of Prato Erboso Srl or third parties, as well as to insert advertising banners, hyperlinks, or other forms of advertising at its sole discretion within each web page within the Site. The Customer must not exploit or use the Site, or any Content, in a way that is detrimental to Prato Erboso Srl or third parties. In particular, the Customer is obligated to refrain from using the Site or the Content to carry out competitive activities, or in any way that causes damage or prejudice to the interests, including economic ones, or to the image of Prato Erboso Srl, other Customers, or third parties. The User is solely responsible for evaluating any Product or Service present on the Site. Prato Erboso Srl assumes no responsibility for any personal data or information or other content that may be sent, distributed, uploaded or downloaded by the Customer or any third party through the Site. In the event that the Site allows the Customer to formulate comments or opinions regarding Products, Services or functions made available through the Site, The Customer undertakes to ensure that such comments or opinions refer specifically to the business of the economic operator being commented on and refer to specific and detailed facts. Without prejudice to the foregoing, Prato Erboso Srl reserves the right not to disseminate, remove from the Site, or modify, without prior notice, any content made available by the Customer of which it has become aware, as well as any other content published by third parties that constitutes or may constitute a violation of this Agreement, mandatory provisions of law, or third-party rights, or in cases where Prato Erboso Srl believes in good faith that such information or content constitutes a violation of this Agreement or the law. The Customer shall indemnify Prato Erboso Srl from any claim or legal action brought or threatened against it by third parties as a result of the Customer using the Site or its functions in violation of this Article or any other provision of this Agreement.

ARTICLE 12 – INTELLECTUAL PROPERTY

Intellectual property rights relating to the Site, the Prato Erboso Shop brand, or the Content are and remain the exclusive property of Prato Erboso Srl or its licensors. Customers are expressly prohibited from copying, modifying, or creating derivative works from or based on the Site, the Content, the brand, or the software. Customers are expressly prohibited from downloading, copying, reproducing, duplicating, or otherwise using or disseminating the Prato Erboso Shop brand or any trademark, trade name, logo, ideogram, or other distinctive sign relating to Prato Erboso Srl or its products.

ARTICLE 13 – PROTECTION OF PERSONAL DATA

The information provided pursuant to Article 13 of Legislative Decree No. 196 of June 30, 2003 (the "Personal Data Protection Code") is to be considered an integral part of this Agreement. For information regarding the processing of personal data provided by the Customer when registering on the Site or, subsequently, when accessing the reserved area of the Site, please refer to the Privacy Policy section, available on the Site in a constantly updated version.

ARTICLE 14 – AMENDMENTS AND PARTIAL INVALIDITY

Prato Erboso Srl reserves the right to make, at any time and at its sole discretion, any changes, additions, and/or updates it deems necessary and/or appropriate to the Site, its content, programs, and/or other materials contained therein and/or available through the Site (including these Terms and Conditions). For clarity, any changes and/or updates made as above will not affect Contracts already signed with Customers prior to the implementation of such changes or updates. If any provision of this Agreement is declared null, invalid, or unenforceable, in whole or in part, by any competent court, supervisory authority, or administrative authority, the remaining provisions of this Agreement will not be affected.

ARTICLE 15 – COMMUNICATIONS AND TROUBLESHOOTING

Any communication relating to these General Conditions or, in general, to any Contract signed with Prato Erboso Srl must be sent by post, fax or email to the addresses indicated below: E-Commerce Manager c/o Prato Erboso Srl via Ponticello, 24F 71045 – Ortanova FG (Italy) For any telephone assistance, please call 388 7364030 from Monday to Sunday (excluding holidays) from 9:00 am to 8:00 pm. In the event of problems connecting to the Site during the order process, any Products already selected by the Customer will remain stored in the specific "shopping cart" section and the Customer, once the connection is re-established, will be able to re-enter the Site and complete the order process.

ARTICLE 16 – JURISDICTION AND COMPETENT COURT

The Agreement is governed by Italian law. Any dispute concerning the validity, effectiveness, interpretation, or execution of each Agreement, as well as, in general, the Customer's browsing of the Site or the use of any features made available to the Customer through the Site, will be subject to the exclusive jurisdiction of the Court of Foggia, without prejudice to the mandatory jurisdiction of the place of residence or domicile of the Customer acting as a Consumer Customer, pursuant to the Consumer Code.