General Conditions of Use and Sale

The present Conditions of Use govern the commercial relations existing between the Company: SOCIETÀ AGRICOLA VIVAI FLEMING SRL (hereinafter referred to as need.green) and the author of the order (hereinafter referred to as the Customer) whose personal details are indicated on the registration form and order form. Any condition formulated by the Customer that does not comply with these Terms of Use will be deemed invalid. These Terms of Use may be subject to any changes made necessary by subsequent legal provisions and/or regulations.

With this contract, need.green offers the goods and services chosen by the customer in the order form, which is considered an integral part of the contract. The contract concluded between need.green and the Customer shall be deemed concluded with the acceptance, even partial, of the order by need.green. Such acceptance shall be deemed tacit, unless otherwise communicated in any way to the customer. By placing an order in the various ways provided, the Customer declares to have read and accepted in its entirety, all the information provided to him during the purchase process, the offer of product specifications, and these General Conditions in their entirety.

The customer declares that he/she has not entered false or fictitious data in the order form, and therefore declares that the data entered correspond to his/her real personal data. need.green reserves the right to prosecute any violation and abuse in the appropriate venues. The obligations assumed by the Customer in the present article as well as the guarantee of successful payment made by the Customer, have an essential character for need.green, which reserves the right, in case of non-fulfilment of any of the aforementioned obligations, to terminate the contract by right, without prejudice to any right to compensation for damages.

If the customer is a consumer, once the registration procedure to the site or purchase, will print or save an electronic copy and in any case keep these general conditions of sale, in accordance with the provisions of art. 3 and 4 of DL 185/1999 on distance selling.

Website registration

Registration to the Site is mandatory. It is possible to consult the product catalogue on the Site and place an order via the Internet without being registered, or the Customer may use other purchasing methods (e-mail, fax, telephone).

During the registration phase, the Customer must provide a few pieces of personal data, which are necessary for the management of his online orders, and indicate an e-mail address and a password that will allow him to access his shopping cart to make purchases on the Site, with maximum confidentiality and peace of mind.

After registering, the Customer will receive a confirmation e-mail, after which he/she will be able to access the shopping cart on the Site by logging in using the e-mail address and password indicated in the registration form. Registration is only necessary for the first time, after which the Customer can access his or her basket using the same login data. Please write down your e-mail address and password.

Forgotten password:

If the Customer does not remember his password, he can click on the link "Forgot your password?" and enter the e-mail address used when he first registered. The system will send a new password to the Customer's e-mail address.

Changing Customer data:

The registered Customer can change his or her data at any time via the "My Account" link on the Site. In addition, the Customer may indicate different addresses in his address book for the delivery of the products ordered.

Technical Information

The technical information included in the website is taken from the information published by the manufacturers of the goods included in our catalogue. need.green, therefore, reserves the right to modify/adapt the technical and dimensional information of the products in the catalogue, according to what will be communicated by the manufacturers, even without any prior notice.

Product availability

The Customer can only purchase the products in the electronic catalogue available on the Website at the time of placing the order. Since the access and the possibility to submit the order online, change in real time the availability of the product, need.green does not guarantee the certainty of allocation of the goods ordered. In the event that the order exceeds the quantity in stock, the Customer will be informed by e-mail or telephone of the possible future availability of the goods and the time of supply. In cases where the customer buys products in stock, he will be subsequently informed of the delivery time, normally not exceeding 5-10 days.

Catalogue prices

All prices listed on the Website, in the relevant column of the catalogue, are inclusive of VAT and apply exclusively to purchases on the Internet. need.green reserves the right to change the prices of products at any time, but the prices invoiced are those in force at the time of the order. In the event of a discrepancy between the price indicated and the price in force at the time of the Customer's order, due to a typing, editing or calculation error on the Website, the price in force will prevail. However, the Customer may cancel his order by notifying us of the problem.

All prices shown on the Site are expressed in Euros in accordance with Community rules and the unit price including taxes is rounded to two decimal places.

Purchasing and payment methods

For information on how to place an order and on payment methods, please see the Orders and Payments page.

Order Acceptance and Processing

need.green reserves the right to accept only orders for delivery within Italy, Europe, San Marino and the Vatican City, coming from persons in possession of a tax code and / or VAT number (or equivalent data if not resident in Italy), who have reached the age of majority.

need.green reserves the right to refuse the order also in the following cases: shipments to P.O. Boxes; provision of personal data not real or incorrect; previous default for any reason against need.green; registration in the list of protests; subject to bankruptcy proceedings; lack of availability of goods, for any reason, in their own warehouses or suppliers, in any other case of incompatibility with the economic interests and business policies of need.green.

need.green provides, upon verification of product availability and notification of payment by the customer, sending an e-mail of acceptance of the order and the execution of the same from Monday to Friday, from h 08.00 to h 18.00

Shipping and delivery of products

Shipping costs are charged to the Customer, except for special promotions offered on the Site, and are calculated automatically on-line during the order process, based on the total weight of the goods ordered, the country and area, the payment method and the type of shipment chosen. In the case of purchases of particularly bulky, fragile, heavy or expensive goods, the shipping costs may be subject to changes that will be promptly communicated to you in the order acceptance e-mail.

Further information on the delivery methods, delivery times and costs can be found on the Shipping and Delivery page. need.green undertakes to deliver the products ordered by the Customer by courier to the address specified by the Customer when registering the order data. No responsibility can be attributed to need.green in case of delay in the order or delivery of the ordered products.

In the event of failure to collect within 5 working days of the material in storage at the warehouses of the courier due to repeated inability to deliver to the address specified by the customer when ordering due to the absence of the same or the wrong address specified by the customer, the order will be automatically canceled and the shipping costs will still be charged to the customer.

Upon delivery of the goods by the courier, the Customer is required to check

- that the number of packages (number of parcels) being delivered corresponds to that indicated in the transport document anticipated by e-mail;

- that the package is intact, undamaged, not tampered with, not wet or in any way altered, including the sealing materials (adhesive tape and bands).

- Any objections must be raised immediately to the carrier who delivers the goods, failing which the goods shall be considered correctly delivered, in fact once the courier's document has been signed, the Customer may not raise any objection regarding the external characteristics of what has been delivered.

What to do in the event of transport damage:

If the unloading of the goods reveals obvious damage to the packaging you must:

- express a reservation, i.e. the package is accepted but before signing the document you must write in the appropriate space, "I accept with reservation", describing in writing in detail the nature of the damage found, after opening the package in the presence of the carrier's carrier;

- or reject the damaged goods if it is not possible to accept the package with reservation or if the damage is in any case visible without opening the package.

In cases where the customer accepts with reservation or refuses the delivery, please inform need.green by writing to info@need.green

Issue of accompanying invoice

For all orders placed on the Site, need.green will issue a receipt or, upon request for customers with VAT, a regular receipted invoice, for which the information provided by the customer on the registration form will be used, with particular reference to the fields Tax Code, Company Name and VAT.

No change in the invoice will be possible after the invoice has been issued, which will take place after the Customer has paid the full amount. The accompanying invoice will be placed in a sealed envelope and sent together with the goods in the reserved area.

Property reserve

need.green reserves the ownership of the delivered goods until the customer has fulfilled all obligations towards the customer and in particular until full payment of the price. This reservation of title does not impede the transfer of risks, which will be borne by the customer from the date on which the ordered products have left the warehouses of need.green.

Application of the right of withdrawal

Pursuant to art. 5 DL 185/1999, if the customer is a consumer (a natural person who buys goods for purposes not related to his professional activity, or does not make the purchase by requesting an invoice by specifying a VAT number in the order form), may exercise the right of withdrawal, if the goods received differ substantially from those ordered or do not meet his expectations.

Without prejudice to the cases of exclusion listed below, the right of withdrawal may be exercised within 14 working days of receipt of the goods purchased, by e-mail at info@need.green, to be confirmed within the following 48 hours by a signed written notice sent by registered letter with return receipt to SOCIETÀ AGRICOLA VIVAI FLEMING SRL | Registered Office: V. dei Due Ponti 61, 00189 ROMA.

The letter must indicate The Order Number, the Order Date, the Products purchased, the wish to withdraw from the purchase, and the bank details (name of the bank, name of the agency, ABI code, CAB code, current account number) where the customer wishes to receive the credit of the sum paid for the purchase of the returned goods.

Once we have received the above-mentioned withdrawal notice, the Customer Service Department of the Website will quickly provide the Customer with all the instructions on how to return the goods, which must be done within the following 48 hours, providing an RMA number (return authorization code).

The right of withdrawal meets the limits set by DL 185/99, in particular it is subject to the following conditions:

- the right applies to the purchased product in its entirety, therefore it is not possible to exercise it only on a part of the purchased product;

- the right does not apply to products made to measure or clearly personalised or which, by their nature, cannot be returned or risk deteriorating or altering rapidly;

- the purchased goods must be intact, unused and returned in their original packaging, complete in all its parts (including packaging, any documentation and accessory equipment), together with the RMA number;

as provided for by the regulations, the shipping costs relating to the return of the goods shall be borne by the Customer;

- the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer. In case of damage to the goods during transport, need.green will notify the Customer within 5 days of receipt of the goods in their stores, to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the property (if insured). In this case, the product shall be made available to the Customer for its return, and the request for withdrawal shall be cancelled at the same time. need.green shall not be liable in any way for damage or theft/loss of goods returned by uninsured shipments;

- Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and / or the original packaging are damaged, need.green will deduct from the refund due to a percentage, but no more than 10% of it, as a contribution to the costs necessary to restore;

- If need.green has collected the price of the product from which the customer withdraws, need.green will refund the customer the amount due (minus any sums for the restoration of the packaging), by bank transfer, within 30 days from the date of notification of withdrawal by registered mail and not before receiving the product.

Failure to comply with the above terms and conditions implies the ineffectiveness of the withdrawal. In this case need.green will send a notice by e-mail to the customer and will return the purchased goods, charging the same shipping costs.

Exemption from liability

need.green is not responsible for any damage or loss, direct and/or indirect, deriving from the sale of goods and services offered in the catalogue published on the Site, even for delayed and/or non-delivery of the product, nor for the correspondence of the goods to the specifications published on the site, nor for any other fact not directly attributable to need.green. Any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.

The technical and aesthetic characteristics of the products in the catalogue are indicative.

The dimensions of the plants may vary depending on the period of cultivation and any pruning of the same plant.  The measurements indicated vary from plant to plant. All sizes shown are with production pot included. The plant measurements of 10-25cm are indicative and cannot always be respected as the growth indicated for each plant is not always guaranteed.

The image accompanying the description of a product may not be perfectly representative of its characteristics, but may differ in colour, size, and accessories shown in the picture. All supporting information is to be understood as mere general information material, not referring to the real characteristics of a single product. need.green is not liable for typographical errors or changes in characteristics and prices introduced by the manufacturers or for damages caused by improper use of the products.

Privacy

The personal data requested when placing an order are collected and processed in order to meet the expressed demands of the customer and activate the procedures for the execution of orders and the necessary communications. Under no circumstances and for no reason whatsoever will personal data be transferred to third parties.

need.green guarantees its customers the respect of the legislation on the processing of personal data, in accordance with the provisions of the Privacy Code under Legislative Decree no. 196/2003. The owner of the data processing is SOCIETÀ AGRICOLA VIVAI FLEMING SRL | Registered Office: V. dei Due Ponti 61, 00189 ROMA.

For further information on the processing of personal data, please refer to the section of the website entitled Information on Privacy.

Customer Assistance

For any requests, complaints, problems, you can contact the Contact Center at the email address info@need.green

Current regulations

The sales contract between the customer and need.green is concluded in Italy and governed by Italian law. For any civil and criminal dispute arising from the conclusion of this contract of sale at a distance, the competent court will be that of the municipality of residence or domicile of the owner of need.green.