These General Conditions of Sale govern the sale of plants cultivated by the Società Agricola Centro Botanico Moutan s.s. (Centro Botanico Moutan), with registered offices in S. S. Ortana, 46 - 01030 Vitorchiano (Viterbo).
All remote sales contracts for plants from Centro Botanico Moutan to their customers are governed by these General Conditions of Sale, which are specifically approved by the customer pursuant to articles 1341 and 1342 of the Italian civil code, forming an integral and substantive part of all purchase orders. The General Conditions of Sale applicable to each order are those in force on the date of the order itself.
All orders placed on the website are understood as coming from private customers for their own personal use.
1.1. The sale of peonies is remote. The order shall be automatically recorded and purchase made according to these General Conditions of Sale specifically approved pursuant to articles 1341 and 1342 of the Italian civil code. The order may be changed after purchase only by telephone, fax or e-mail, respectively to the numbers and to the e-mail address indicated on the website (contacts).
1.2. Each order constitutes acceptance by the customer and the sale is considered closed at the time of recording the order and shall be dispatched only after compliance with art. 7.1. The Centro Botanico Moutan reserves the right not to process incomplete orders or those not signed by the customer or not specifically approved in writing pursuant to articles 1341 and 1342 of the Italian civil code.
1.3. Should the Centro Botanico Moutan fail to process an order due to even temporary unavailability of the products, Centro Botanico Moutan shall notify the customer, refunding any advance payments received for the said products. In this case the customer shall have no right to further reimbursements or to any compensation.
2.1. Remote sale concerns exclusively bare root plants which shall be sent to customers according to the methods and times set forth by art. 4.1. For other types of plant (in pots or plug) the customer shall make an agreement on each occasion with the Centro Botanico Moutan.
3.1. The prices of the plants and for transport published by the Centro Botanico Moutan on the website are valid until 31 December 2018 and include VAT. VAT is calculated on the basis of the percentage in force on 1st October 2013. Any legal changes concerning VAT or other sales taxes shall be settled on delivery. Transport costs depend on the number of plants and on the destination as detailed in 7.1.
4.1. Orders shall be dispatched depending on their date of purchase and may be subject to certain delays depending on the weather conditions at the time. As regards shipments of bare root plants, they shall take place from approximately October to January, the plant’s dormant period, compatible with the weather conditions at the time.
4.2. Transport is understood as delivery to the closest point to the address provided, in Italy; transport costs includes unloading but not porterage or transport to a specific floor. The vendor is not liable for additional transport costs generated by inaccurate and/or delivery data indicated by the customer on the order form. Any loss or damage, visible at the time of delivery and clearly due to transport shall be resolved by the Centro Botanico Moutan, without any charges to the customer, as long as it is expressly mentioned on the goods delivery document.
5.1. All complaints, before being accepted, must be made by registered post within eight days of receiving the parcels.
6.1. Any claims regarding the authenticity of the variety may not be made after the end of the first vegetative period in order to be able to verify the error made. The claim must be accompanied by the relative photographic documentation. The vendor is not obliged to pay any additional reimbursement for damage, interest or other compensation.
6.2. The vendor is not liable for unsuccessful cultivation due to the preparation of the soil, the planting conditions or other factors incompliant with that indicated in the planting and cultivation manual provided by the vendor.
6.3. The vendor is not liable should the purchaser requests the preparation and shipment of the bare root plant outside of the normal physical and technical shipping conditions.
7.1. For orders received from October – February, payment should be made in full at the time of submitted the order form. For orders sent between February and September, the order shall be recorded and payment shall be requested by Centro Botanico Moutan right before shipment is made. Payment may be carried out by credit card or bank transfer. In the latter case, the name of the customer should be indicated in the payment description.
Transport costs are Euro 12.00 for deliveries throughout Italy, with the exception of: Sardinia, Sicily and Calabria, for which costs are Euro 15.00; Carloforte, Egadi Islands, Aeolian Islands, Favignana, Filicudi, Ginostra, La Maddalena, Leni, Lipari, Malfa, Panarea, Ponza, Santa Marina Salina, Tremiti Islands, Ustica and Vulcano, for which the cost is Euro 30.00.
Other transport costs are: for deliveries to France, Germany, Benelux, Austria € 15.00 (1-2 tree peonies), € 18.00 (3-5 tree peonies or 5-20 herbaceous peonies), € 20.00 (6-10 tree peonies); for deliveries to England, Denmark: € 20.00 (1-2 tree peonies), € 24.00 (3-5 tree peonies or 5-20 herbaceous peonies), € 26.00 (6-10 tree peonies); for delivery to other EU nations: € 28.00 (1-2 tree peonies), € 30.00 (3-5 tree peonies or 5-20 herbaceous peonies), € 33.00 (6-10 tree peonies).
For payments by bank transfer, the IBAN coordinates are: IT 09 B 01030 14501 0000 63204 058 - SWIFT : PASCITMMXXX , while for payments into the postal current account, the account number is 55386205 in favour of: Società Agricola Centro Botanico Moutan
Indicate the name of the person ordering in the payment description.
8.1. Pursuant to the Italian Presidential Decree no. 633/1972, the Centro Botanico Moutan shall not account for the accuracy of the data indicated on the order form by the customer who shall be issued with an invoice only if requested at the time of submitting the order form.
9.1. The contract for the sale of plants concluded by sending the order is considered closed in Italy at the Centro Botanico Moutan, S. S. Ortana, 46 - 01030 Vitorchiano (Viterbo) and is governed by Italian law.
9.2. For any disputes, the court of jurisdiction is that of Viterbo.
Pursuant to art. 5 of the Italian Legislative Decree no. 185 of May 1999, the consumer may cancel any order within 10 working days of receiving the products. Right of cancellation is exercised with written notification, to be sent to Società Agricola Centro Botanico Moutan s.s., S.S. Ortana, 46 - Loc. Il Pallone - 01030 Vitorchiano (VT), by registered post with return receipt, telegram or fac-simile, confirmed by way of registered letter with return receipt within the subsequent 48 hours. Notification of cancellation must indicate the pertinent order number, the product to be returned and the chosen method for refunding the amount paid. The consumer shall see to returning the products, perfectly intact and in their original packaging, at his own expense, within and no later than 10 working days of receiving the same to the Centro Botanico Moutan, at its offices. La Società Agricola Centro Botanico Moutan s.s. shall refund the amount paid by the customer within the time prescribed by law.
Pursuant to the Italian Legislative Decree no. 196/03, the Società Agricola Centro Botanico Moutan s.s., S.S. Ortana, 46 - loc. Il Pallone - 01030 Vitorchiano (VT) ( Centro Botanico Moutan), the data processor, provides the following information: the data collected by the Centro Botanico Moutan shall be processed electronically to dispatch orders and for related purposes, as well as for the processing of statistics and for promotional and marketing initiatives.
Providing the data is optional.
The data are nonetheless necessary to fulfil the task requested by the interested party and without them it shall be impossible to perform any activities for the same. In addition, providing the data shall enable new sales proposals to be received from Centro Botanico Moutan or parent and/or subsidiary companies by post, telephone or e-mail. Access to data is allowed to specifically appointed entities such as employees, consultants, third party service providers for the abovementioned purposes or they can be communicated outside of Centro Botanico Moutan parent and subsidiary companies. Furthermore, as set forth by articles 7,8,9,10 of the Italian Legislative Decree no. 196/03, all interested parties may ask at any time for confirmation of the existence of their data, their modification or deletion by writing to the Customer Services Manager at the registered offices in S.S. Ortana, 46 - loc. Il Pallone - 01030 Vitorchiano (VT).
Società Agricola Centro Botanico Moutan
Registered office and nursery: S. S. Ortana, 46 - Loc. Il Pallone - 01030 Vitorchiano - Viterbo - P.IVA 01522050564
