Terms and conditions of use

GENERAL TERMS AND CONDITIONS OF SALE ESTABLISHED BY SIMPLY ORGANIC HUB S.r.l.

1. General Provisions

These general terms and conditions of sale (hereinafter, "GENERAL TERMS AND CONDITIONS") are provided by Simply Organic Hub S.r.l. (hereinafter, Simplyorganichub.com) to its customers for the sake of transparency and completeness. They apply to all sales of products (hereinafter, "PRODUCTS" or "PRODUCT") purchased through the website www.simplyorganichub.com (hereinafter, "SITE").

Enter company name may occasionally require changes to certain provisions of the General Terms and Conditions; we therefore invite customers to review them before each visit to the SITE.

Placing an order implies tacit reading and acceptance of the General Terms and Conditions in effect at that time.

Use of the distance selling service through the aforementioned SITE is therefore described in these GENERAL TERMS AND CONDITIONS and is reserved for consumers (hereinafter, "CUSTOMERS" or the "CUSTOMER").

The language available for concluding the contract is Italian.

In accordance with the provisions of Italian and European Community laws currently in force, the economic relationship between the Supplier and the CUSTOMER is governed by consumer protection legislation exclusively in the event that the CUSTOMER makes purchases for personal purposes unrelated to his or her work.

The CUSTOMER is required to carefully read the GENERAL TERMS AND CONDITIONS made available on the SITE, in order to allow the CUSTOMER to store and reproduce them pursuant to Article 12 of Legislative Decree No. 70 of April 9, 2003. Contracts concluded with Simplyorganichub.com (as defined below) through the SITE are governed by Italian law and, in particular, by Legislative Decree No. 196 of September 6, 2005. 206 (hereinafter "CONSUMER CODE") and by Legislative Decree 9 April 2003, n. 70 (hereinafter, "E-COMMERCE DECREE").

2. Seller Identification

The seller is Simply Organic Hub S.r.l. (Simplyorganichub.com) Fiscal Code - VAT No.: IT18180141006 - RE: RM-1767593 - Registered office and headquarters: Via del Vignola, 5 - 00196 Rome

3. Product Information

Information regarding the PRODUCTS available for distance selling through the SITE is available at www.simplyorganichub.com. The aforementioned information is provided in accordance with Articles 52 and 53 of the CONSUMER CODE.

4. Price

The price of the PRODUCTS includes all taxes and duties. Shipping costs are not included.

All prices are expressed in euros. Shipping costs are the responsibility of the CUSTOMER and can be consulted in advance both before the final confirmation of the order and in the specific section of the SITE dedicated to shipping costs and estimates.

5. Purchase Procedure

The essential characteristics and prices of the PRODUCTS are listed in the offer for each Product.

The SITE is structured as an online catalog that can be freely consulted without the need for prior identification.

To purchase the PRODUCTS, the CUSTOMER is required to specify their status as a private individual through a registration process. Upon completion of this process, the system will assign them a user ID and password to access their personal account.

To register, the CUSTOMER will be asked to enter the personal information necessary to identify them, as well as the tax information (for example, tax code, date and place of birth, residence and/or domicile) required to properly fulfill the tax obligations resulting from the commercial transaction being entered into. Finally, personal information (telephone number, mobile number, email address) is required to receive information about the status of orders and to promptly cancel or modify orders.

The CUSTOMER is responsible for the accuracy and correctness of the information required for registration. Therefore, for the purchase of products requiring adult purchase (alcoholic beverages or other products), by registering on the site, the user confirms whether or not they meet the age requirements for purchasing the various types of goods permitted by current Italian law.

The data provided by the CUSTOMER is processed by Simplyorganichub.com in compliance with privacy regulations.

Once registered, the CUSTOMER may proceed with the purchase by completing and submitting the electronic order form to Simplyorganichub.com, following the instructions on the SITE.

The CUSTOMER must place the PRODUCT in the appropriate "virtual shopping cart" and, after reviewing the GENERAL TERMS AND CONDITIONS, with particular reference to the delivery fee and the terms and conditions for exercising the right of withdrawal, must select the desired payment method and select the "Shopping Cart" option.

Before submitting their purchase order, the CUSTOMER will have the opportunity to correct any data entry errors by following the appropriate modification procedure on the SITE.

Specifically, the CUSTOMER has the right to modify the quantity of the PRODUCTS they intend to purchase, adding or deleting one or more PRODUCTS from the "virtual shopping cart."

By submitting their order, the CUSTOMER acknowledges and declares that they have read all the information provided during the purchase process and fully accepts the GENERAL TERMS AND CONDITIONS.

The CUSTOMER will be able to view and track the status of their order through subsequent communications.

In any case, once the order is received, the site will contact the CUSTOMER via email at the address provided during registration and account creation. This email will confirm receipt of the order, summarizing the order contents, the shipping address, and the chosen payment methods. This will allow the CUSTOMER to cancel or modify the order before shipping (for further details, see Article 7 below). Simplyorganichub.com reserves the right to decide whether to accept orders received.

By way of example, but not limited to, this right is described in Article 8 below. Simplyorganichub.com will notify the CUSTOMER of any inability to accept orders received within 30 days from the day following the order submission and will refund any amounts already paid for the goods.

6. Payment Methods

The CUSTOMER may pay for the PRODUCTS and related shipping costs by credit card or PayPal.

Payments are accepted with the following credit cards: Visa, MasterCard, American Express, and cards issued by major credit card networks.

The transaction will be charged to the CUSTOMER's credit card only after:

1. the company managing the online transaction service for the credit card network provided by the CUSTOMER has verified the card details,
2. authorization to charge the amount has been received from the company issuing the credit card used by the CUSTOMER.

If, for any reason, it is impossible to charge the amounts due by the CUSTOMER, Simplyorganichub.com will cancel the transaction and the sale will be automatically cancelled.

7. Order Confirmation

In accordance with Article 53 of the CONSUMER CODE, upon execution of the contract, the CUSTOMER will receive, via email, a confirmation of receipt of the purchase order originally sent in accordance with the procedures set forth in Article 5 of these GENERAL TERMS AND CONDITIONS. This confirmation will contain a summary of the essential characteristics of the product ordered, the order quantity, its price, the amount paid, the existence of the right of withdrawal for CUSTOMERS—with an indication of the timeframe and methods for returning the goods—the geographic address for submitting any complaints, and information on customer support services and existing commercial guarantees, as well as the GENERAL TERMS AND CONDITIONS.

This communication will also indicate the deadline by which the CUSTOMER may cancel or modify the order.

8. Ineffectiveness of the Order

No contract shall be deemed concluded between Simplyorganichub.com and the CUSTOMER if Simplyorganichub.com has reasonable grounds to believe that the CUSTOMER is not acting on the basis of a genuine interest in purchasing the ordered PRODUCTS, or is abusively exercising the right of withdrawal recognized in Article 12 below.

In such cases, the order placed by the CUSTOMER shall be deemed null and void.

Simplyorganichub.com will send the CUSTOMER, via email, a notification confirming the failure to conclude the Contract, and will also cancel any charges and/or expenses incurred by the CUSTOMER.

9. Transport and delivery

PRODUCTS purchased on the SITE will be delivered to the address indicated by the CUSTOMER. The CUSTOMER has the right to request delivery of the PRODUCTS to a natural person of their choice, whose residence or domicile is within Italy. A signature of an adult over 18 years of age will be required upon delivery. Deliveries to PO boxes will not be made. For each order placed on the SITE, Simplyorganichub.com will issue an invoice for the shipped goods, sending it via email or post to the order holder, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice is issued based on the information provided by the CUSTOMER at the time of ordering. No changes to the invoice will be possible after it has been issued. Delivery costs are the responsibility of the CUSTOMER and are clearly indicated on the SITE. All purchases will be delivered by courier (hereinafter, "COURIER") from Monday to Friday, excluding holidays and national holidays. Simplyorganichub.com is not responsible for unforeseeable delays. Simplyorganichub.com will send the CUSTOMER a confirmation email once the PRODUCTS have been shipped. This email will include the tracking number, which can be used to view the shipment status on the COURIER'S WEBSITE. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the CONSUMER CODE, the PRODUCTS will be delivered within a maximum of 30 (thirty) days from the day after the CUSTOMER placed the order with Simplyorganichub.com, unless Simplyorganichub.com communicates—within the same period, by email—the impossibility of delivering the ordered goods due to the subsequent unavailability, even temporary, of the PRODUCTS. In the event of such communication, Simplyorganichub.com will refund any sums already paid by the CUSTOMER for the supply. In the event that, following notification from Simplyorganichub.com of a delay in the delivery date, the CUSTOMER wishes to cancel the order, any amount already paid will be refunded (using the same methods used by you) as soon as possible, and in any case no later than 14 (fourteen) days from the day after the order was sent to Simplyorganichub.com. Delivery of the goods requires the presence of the CUSTOMER, or alternatively, a designated representative, at the recipient's address indicated on the order. Pursuant to Article 63 of the Consumer Code, any damage to the packaging/wrapping of the Products must be immediately reported by you by writing a reservation for inspection on the proof of delivery. It is understood that, once the delivery document has been signed without any dispute, you will be precluded from making any objections regarding the external characteristics of the goods delivered. If you choose a carrier other than those offered during the purchase process, the risk of damage to the Products and their physical condition is transferred to you upon delivery to the carrier, precluding any dispute regarding the external characteristics of the delivered goods. In this case, any dispute must be raised directly by you with the carrier.

10. Right of Withdrawal

Pursuant to the provisions of the CONSUMER CODE pursuant to Legislative Decree 21/2014, regarding the Right of Withdrawal, the CUSTOMER has the right to withdraw from the contract without stating a reason within 14 days. The withdrawal period expires 14 days after the day on which the buyer or a third party other than the carrier acquires physical possession of the goods. To exercise the right of withdrawal, the CUSTOMER must inform Simplyorganichub.com of their decision to withdraw from this contract by means of an explicit declaration. The CUSTOMER must send Simplyorganichub.com a written communication within 14 working days of receiving the goods. This notification must be sent by registered letter with acknowledgement of receipt to Via del Vignola, 5 - 00196 Rome, by certified mail to italianacosmetica@pec.it or by email to customercare@simplyorganichub.com. You may also complete and use the attached standard withdrawal form, but this is not mandatory. You may also complete and submit the standard withdrawal form electronically, or any other explicit declaration, on our website www.simplyorganichub.com. If you choose this option, we will promptly confirm receipt of your withdrawal on a durable medium (e.g., by email). To meet the withdrawal deadline, it is sufficient for the CUSTOMER to send the communication relating to the exercise of the right of withdrawal within the aforementioned 14-day period.

EFFECTS OF WITHDRAWAL

If the CUSTOMER withdraws from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of delivery other than the least expensive standard delivery type offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. The refund may be withheld beyond 14 days only until you have supplied evidence of having sent back the goods or until we receive them, whichever is the earliest. Such refunds will be made using the same means of payment used by the CUSTOMER for the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any case, you will not incur any fees as a result of such refund.

EXCLUSIONS FROM WITHDRAWAL

This right cannot be exercised in relation to the categories of goods and services expressly specified in Article 59 of Legislative Decree No. 21 of February 21, 2014, of the Consumer Code (by way of example, but not limited to, the types of products marketed on the SITE that are most likely to be subject to this exclusion are:

1. the supply of goods made to measure or clearly personalized;
2. the supply of goods that are liable to deteriorate or expire rapidly;
3. the supply of sealed goods that are not suitable for return due to hygiene or health protection reasons and were opened after delivery;
4. the supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;
5. the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days, and the actual value of which depends on market fluctuations beyond the trader's control).

Once the aforementioned notice of withdrawal has been received, Simplyorganichub.com CUSTOMER Service will provide the CUSTOMER with instructions on how to return the goods. The right of withdrawal is subject to the following conditions:

1. This right applies to the entire purchased product; it is not possible to withdraw from a partial purchase.
2. By law, shipping costs for returning the item are the responsibility of the CUSTOMER.
3. The shipment, until receipt is confirmed at our warehouse, is the sole responsibility of the CUSTOMER.
4. Simplyorganichub.com is not liable in any way for damage or theft/loss of goods returned via uninsured shipments.
5. If the item is damaged during transport, Simplyorganichub.com will notify the CUSTOMER of the incident (within 5 business days of receiving the item at its warehouse) to allow the CUSTOMER to file a complaint against the courier of their choice and obtain a refund for the value of the item (if insured). In this case, the product will be made available to the CUSTOMER for return, simultaneously canceling the withdrawal request.
6. If you withdraw from this contract, we will refund all payments you have made to us, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event within 14 (fourteen) days from the day we are informed of your decision to withdraw from this contract. The refund may be withheld beyond 14 (fourteen) days only until you have supplied evidence of having sent back the goods or until we receive them, whichever is earlier.
7. Simplyorganichub.com will refund the CUSTOMER the full amount already paid within 14 days of the return of the goods, by reversing the amount charged to the credit card or by bank transfer. In the latter case, the CUSTOMER will be responsible for providing the bank details to which the refund will be sent (IBAN - Current Account of the invoice holder).

The right of withdrawal lapses entirely, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Simplyorganichub.com ascertains:

1. The external packaging and/or wrapping containing the purchased product (e.g., pasta, biscuits, etc.) are missing.
2. The product is damaged for reasons other than transportation. If the right of withdrawal is forfeited, Simplyorganichub.com will return the purchased item to the sender, charging the sender the shipping costs.

DECREASE IN VALUE

In the event of withdrawal, the customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Below is an example of a withdrawal letter.

Withdrawal Letter
Standard withdrawal form pursuant to Article 49, paragraph 1, letter h)
(complete and return this form only if you wish to withdraw from the contract)
- Recipient [name, address, and, if available, telephone number, fax number, and email address must be entered by the Customer]:
- I/we hereby notify you of my/our withdrawal from my/our... contract for the sale of the following goods/services
- Ordered on.../received on...
- Name of consumer(s)...
- Address of consumer(s)...
- Signature of consumer(s)... (only if this form is notified on paper)
- Date

11. Legal guarantee of conformity

The legal guarantee of conformity is provided for by the Consumer Code (Articles 128 et seq.) and protects consumers in the event of the purchase of defective products that malfunction or do not meet the use stated by the seller or for which the goods are generally intended.

The legal guarantee lasts two years from delivery of the goods and must be asserted by the consumer within two months of discovering the defect. Therefore, proof of purchase (receipt or sales receipt, of which it is recommended to make a photocopy immediately, as thermal receipt paper can fade over time) must always be retained.

Clauses inserted by professionals into contracts or general terms and conditions with consumers that limit the duration of the legal guarantee or exclude it may constitute unfair terms pursuant to Article 33, paragraph 2, letter b), of the Consumer Code.

12. Errors

The PRODUCT information provided on the SITE is constantly updated.

However, complete error-free availability cannot be guaranteed.

Simplyorganichub.com reserves the right to correct errors, inaccuracies, or omissions, even after an order has been submitted, and to change or update information at any time without prior notice.

The buyer may report any errors or inconsistencies found in the online catalog by sending an email to customercare@simplyorganichub.com, specifically including "ERROR REPORT" in the subject line and accurately specifying the type of product or service in which the anomaly was found.

13. Limitations of liability

All information regarding the products sold by Simplyorganichub.com is based exclusively on published data disclosed by the respective manufacturers. Therefore, Simplyorganichub.com is not responsible for the conformity of the goods sold to the specifications published on the SITE.

Simplyorganichub.com also declines all liability for malfunctions, service interruptions, or performance degradation, whether or not due to force majeure or unforeseeable circumstances, unless they are directly attributable to Simplyorganichub.com due to its willful misconduct or gross negligence.

The CUSTOMER acknowledges and agrees that Simplyorganichub.com may suspend the processing of order proposals through the site during closure periods.

Personal information such as personal details, tax code, VAT number, etc., is provided by the customer under their sole responsibility.

Simplyorganichub.com declines any liability arising from any false statements made by site users when registering and purchasing products.

If Simplyorganichub.com becomes certain that the information provided by any type of customer during registration is incorrect, it reserves the right to report the conduct to the competent authorities.

14. Management of personal data

The personal data provided by the CUSTOMER, under their sole responsibility, is collected, processed, and used for the purpose of registering on the SITE and enabling the operation of commercial activities (order fulfillment, invoicing, etc.) and will under no circumstances be disclosed to third parties, in full compliance with applicable legislation.

Data processing is performed using computer media by specifically appointed persons.

The data is stored in computer archives to which the minimum security measures required by law are applied.

Personal data may be disclosed to couriers and/or shipping agents used to deliver the Products.

The CUSTOMER may at any time access, update, correct, or supplement their data and, more generally, exercise the rights provided for in Article 7 of Legislative Decree 196/03. The CUSTOMER may at any time exercise the right to object, in whole or in part, to the processing of their data and to request its deletion.

The Data Controller responsible for the collection and processing of personal data is Simply Organic Hub S.r.l.. For further information regarding the processing of personal data, please refer to the specific Privacy Policy section of the SITE.

15. Intellectual property

All intellectual property rights, brands, copyrights, logos and designs will remain the exclusive property of the respective manufacturers of what is marketed by Simplyorganichub.com on the SITE.

16. Applicable law and competent court

These GENERAL TERMS AND CONDITIONS are governed by Italian law and must be interpreted in accordance with Italian law.

For any disputes arising from the interpretation, validity, and/or performance of these GENERAL TERMS AND CONDITIONS, the exclusive jurisdiction shall be that of the courts of the consumer's place of residence or domicile, if located in Italy.

17. Dispute Resolution

Pursuant to European Union Regulation No. 524/2013, CUSTOMERs residing in Europe are hereby informed that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European CUSTOMERs to resolve, out of court, any dispute relating to contracts for the sale of goods and services concluded online and/or arising therefrom.

Consequently, if you are a CUSTOMER established in Europe, you may use this platform to resolve any dispute arising from online contracts concluded on this site.

The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

18. Contacts

For further information, please write to the following email address: customercare@simplyorganichub.com or consult the dedicated contact section of the SITE. del SITO.

The clauses set forth in Articles 5. Purchase Procedure, 6. Payment Methods, 7. Order Confirmation, 8. Order Ineffectiveness, 9. Shipping and Delivery, 10. Right of Withdrawal, 11. Product Replacement, 12. Errors, 13. Limitations of Liability, 16. Applicable Law and Jurisdiction are unfair pursuant to Articles 1341 and 1342 of the Italian Civil Code. Therefore, in order to conclude the aforementioned contract, you will be asked to read and expressly accept their content.