Terms and conditions of sale
This document contains the general terms and conditions on the basis of which the use of the www.sughero.eu site or application is offered to Users, which offers the possibility of using all the IT tools and procedures necessary for the user to plant of trees in his own name or in the name of third parties and/or professional users. This document regulates and lists the conditions applied to purchases made by Users on the web platform owned by Consultaly di R. Multineddu, www.sughero.eu. On the website www.sughero.eu there may be links that refer to other sites and services external to www.sughero.eu, in these cases the Terms and Conditions, the Privacy Policy and the Cookies Policy that users will have to accept in order to use the services of sites external to www.sughero.eu, are those inserted and which can be consulted on the external sites to which the links refer. Before proceeding with the purchase of services on the site www.sughero.eu, the user is required to read the terms and conditions set out below
1. DEFINITIONS
Consultaly: Consultaly di R. Multineddu, with registered office in via Gramsci 8 Carbonia CAP 09013, VAT number 03672490921, Tax Code MLTRTM56E10B745V, PEC address renkx@pec.it
Application: the website www.sughero.eu
Platform: the website www.sughero.eu
Service(s): the IT consultancy service provided by the www.sughero.eu platform which makes available to users the tools and the online procedures aimed at planting in their own name or in the name of other people or professional users , of one or more trees within the projects promoted by Consultaly
User: any person who accesses and uses the Application
Consumer User: the adult natural person who concludes a contract for purposes unrelated to his business, commercial, craft or professional activity carried out
Non-consumer or professional user: the adult natural person or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity
Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of services offered by the Owner through the www.sughero.eu platform.
2. GENERAL INFORMATION
Within the Application, the User can contribute to the planting, in his name or in the name of third parties, of one or more trees in both public and private lands identified by Consultaly. The planting will be coordinated by Consutaly and can be carried out directly or by third parties or with third parties chosen among local companies, direct farmers, landowners, associations, foundations, public or private entities, non-profit organizations, etc.
3. SERVICE OFFERING INFORMATION
The site or Application provides Users with the ability to choose what and how much to plant within a list of one or more species and afforestation and reforestation projects. Upon conclusion of the order with payment on the site www.sughero.eu, the user is immediately sent the document of the tree or trees planted thanks to the user's contribution, and the CO2 compensation certificate that the tree or the trees planted will be able to compensate.
At the time of planting, the User who contributed or to whom the tree or trees were "given" and who accepted them by registering on the website www.sughero.eu will be sent a document with details on where the tree is located. 'tree or trees by means of an interactive map, the photo geolocated and registered on IPFS and the Certificate notarized in Blockchain of the original files of the process of planting the tree or trees planted thanks to the user's contribution.
4. FEATURES OF THE SERVICE
By paying a fee, the User purchases the IT consultancy services provided by the www.sughero.eu platform which makes the IT tools and online procedures available to users "Pianta e/o "Regala"_cc781905-5cde-3194-bb3b -136bad5cf58d_ and/or "Adotta" aimed at the planting in its own name or in the name of other people or professional users, of one or more trees within the projects promoted by Consultaly, which proceeds, on its own or through third parties or with third parties, to carry out the planting service requested by the user.
Subscription Services are also offered on the site or Application, the characteristics and methods of subscription are described on the site or Application in the "Subscriptions" section https://www.sughero.eu/plans- pricing. To subscribe, the User must follow the procedure indicated on the site or Application and enter the requested data. The charge of the cost of the subscription will start on the date of subscription of the same and with the frequency indicated at the time of subscription. The subscription can be canceled by the user at any time from his personal page in the "My Subscriptions" section.
Being the object of the transaction constituted by a service, the user is not physically delivered any tree element; the trees are in fact exclusively planted within the land involved in the projects approved by Consultaly, and not in any land that the user has available.
It follows that the user cannot claim or claim any ownership rights on the trees planted or adopted nor on any fruit or products deriving from the same trees. The user, by making his purchase order, declares that he has read and accepted the general conditions of contract specified above and below and undertakes to observe and respect them in his dealings with Consultaly and with third parties within the scope of the service in question which is the subject of these Terms and Conditions.
The contract relating to the Service offered between Consultaly and the User is considered concluded when the request for planting is received by the User making the payment through the payment transaction for the service.
Consultaly will send the User a notification of the receipt of the planting order by e-mail. Upon signing the contract with Consultaly, the User authorizes Consultaly to perform the Service purchased at the most appropriate time of the year in consideration of the geographical area, its characteristics and those of the tree species to be planted.
5. SCOPE OF THE TERMS
Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Conditions can be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product or service.
Before using the Application, the User must read the Conditions carefully and save or print them for future consultation.
Consultaly reserves the right to vary at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
6. PRICE OF THE SERVICE AND METHOD OF PAYMENT
The consideration to be paid for the purchase of IT consultancy services aimed at planting each individual tree is determined on the basis of the tree species. The updated price list is published at the following address https://www.sughero.eu/shop
The indicated price is inclusive of all charges, including VAT, and is paid in a single solution. Therefore, the planting service does not require any additional costs from the user.
The price may vary according to a series of parameters such as the cost of labour, the geographical area, the CO2 storage capacity, the requests of the owners of the host land, or according to promotional campaigns. The price of the services for each arboreal element will vary from species to species and may vary even within the same species according to the periods of the year.
If the User simultaneously requests the planting of several tree elements, the total amount to be paid to Consultaly will be indicated at the end of the purchase session before proceeding with the payment.
Payment for the service aimed at planting a single tree or several trees takes place in a single solution at the time of online purchase. The electronic method can be by bank transfer or managed by payment platforms such as Wix Payment which allows you to accept credit or debit cards, or Apple Pay or PayPal.
7. EXECUTION MODE
At the time of purchase, the user indicates the quantity of trees he wishes to plant, choosing from the species available on the website www.sughero.eu. Consultaly, on its own or through third parties, proceeds immediately to execute the user's order by activating the online procedures necessary to carry out the service aimed at planting requested by the user. The planting service is usually carried out in two stages: that of planting the tree in a nursery and that of transplanting. The first can take place within 60 days of the user's request, while the second within 18/24 months of the user's request. Consultaly will do its utmost to be able to respect the times indicated for the preparation of the young plants in the nursery and for their planting, however, even if rarely, it could occur that, depending on the species, the place of growth, the place where they will residence and season, it may be necessary to wait up to 24 months from the order placed on the platform, to the planting of the tree. These times may vary according to the conditions and seasonal cycles of the areas in which the planting projects are carried out. Consultaly undertakes to provide the host land owner within the year of planting, with a plant to replace any plant that has not taken root due to failure, and not for reasons beyond Consultaly's control such as, by way of example but not exhaustive, a management that does not comply with the guidelines established in the planting projects . The time gap between payment and planting is given by the fact that planting can only be carried out in the period of the year in which there are the greatest chances for the survival of the plant. Specifically, in all those lands where irrigation is not available even in the hottest periods, the planting activity will be carried out in the autumn until the beginning of the winter following the receipt of the payment.
Instead, in the case of planting in land where the plants can be supported by irrigation, we reserve the right to evaluate each time the period in which to proceed with the planting.
8. EXCLUSION OF THE RIGHT OF WITHDRAWAL OF NON-CONSUMERS USERS
The non-consumer user does not have the right to withdraw from the contract for the sale or supply of the products. The User expressly acknowledges that the indication of a VAT number in the order automatically qualifies him as a non-consumer User, for whom the right of withdrawal is not envisaged.
9. CONSUMER USERS' RIGHT OF WITHDRAWAL FROM THE PURCHASE OF THE SERVICE
Only the Consumer User has the right to withdraw without any penalty and without specifying the reason within the term of 14 days starting from the date of conclusion of the contract, by sending a written communication to the e-mail address info@sughero.eu.
In case of withdrawal exercised correctly, the Owner will reimburse the Consumer User for the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated withdraw from the contract.
The Consumer User acknowledges and accepts, pursuant to and by effect of art. 59, lett. a) of the Consumer Code, to lose the right of withdrawal after the complete provision of a Service. Where the provision of the service has not been completely performed and the Consumer User wishes to withdraw from the contract, he is still obliged, pursuant to art. 57, paragraph 3 of the Consumer Code, to pay the Owner an amount proportional to what has been done up to the moment in which he exercised the right of withdrawal.
The Consumer User acknowledges and accepts that the withdrawal from a subscribed subscription does not involve the refund of the amounts relating to the Products already used or supplied.
10. COMMUNICATION TO EXERCISE THE RIGHT OF WITHDRAWAL
The User can withdraw by sending, before the expiry of the withdrawal period, a written communication via e-mail to the address info@sughero.eu, with the request to withdraw from the purchase contract, the order number, the date of purchase, Name and Surname and address of the customer, email of the user associated with the account from which the order was made.
11. FORCE MAJEURE
Consultaly cannot be held responsible for the total or partial non-fulfilment of any obligation set forth in these general conditions of sale, if such non-fulfillment is caused by unforeseeable events and/or natural events beyond its responsibility and control, including, a by way of example but not limited to, natural or malicious events or even popular uprisings or political acts.
It should also be noted that, for reasons of force majeure, the species (or species) selected by the User with the planting order may not be available at the time when the transplant should be carried out. Similarly, it may not be possible to proceed with the transplant in the area indicated on the platform at the time the order is placed by the User.
This may happen in the case of:
1. impossibility to operate in the country indicated on the platform at the time of the order due to climatic, ecological, political, social adversities, or operational difficulties in correct management and maintenance of the project;
2. the impossibility of operating, in safety conditions, in the countries where it is possible to plant the requested species, both from the point of view of the Consultaly staff and from the agricultural-environmental point of view for the growth of the trees;
3. failure of the species to take root in the nursery or high probability that the species, once transplanted, would not take root;
4. possible impossibility to plant the species chosen by the User due to unpredictable events not attributable to Consultaly's work such as - by way of example and not limited to - the sudden difficulty in finding raw agricultural materials or the unexpected and unpredictable increase in planting and management costs of the species itself, determined by events unrelated to the relationship between Consultaly and the User (by way of example and not limited to, pharmaceutical discoveries) which do not allow the implementation, under the agreed conditions, of the agreement reached Between the parts.
In the cases referred to in paragraphs 2 and 3 of this article (or in similar cases), the User agrees that the planting Service requested by him is carried out in different areas and/or with different tree species, it being understood that it will be planted a quantity of trees not less than that originally requested in the planting order and, in any case, with a total CO2 storage capacity not less than that estimated at the time the user placed the planting order.
12. REGISTRATION
In order to access the planting service (in one's own name or in the name of a third party), the User must necessarily be registered on the cork.eu website and have read and accepted the Information on the processing of Personal Data.
As a result of the registration, the User can use the Services available on the Application and described in detail therein.
Following the execution of a planting order (carried out by the User or by others as part of the "give a tree" Service), the User becomes the "virtual owner" - within the Application - of the tree.
With regard to the "give a tree" service, it should be noted that the recipient will be the holder of the tree only after registering on the Application and activating the gift code received by e-mail. If the registration does not take place, the owner of the tree will remain the User who requested the planting by making the payment.
13. INFORMATION AND COMPLAINTS
For information and clarifications on the conditions of the Service, as well as for any complaints, the Customer can contact us on 02 303123757 from Monday to Friday, from 10:00 to 16:00 or write to us at the e-mail address info@sughero.eu .
14. GOVERNING LAW AND DISPUTE RESOLUTION
The contract between Consultaly and the User is governed by Italian law.
In the event of a dispute between Consultaly and the User, where the User is a "Consumer", the territorial jurisdiction is that of the reference forum of his municipality of residence, pursuant to Legislative Decree 6 September 2005, n. 206; in all other cases, the territorial jurisdiction is exclusively that of the Court of Cagliari.
15. MODIFICATIONS OF THE SERVICE OR VARIATION OF THE CONDITIONS
Consultaly reserves the right to change the Services offered, prices, policies and conditions at any time.
The User will be subject to the policies and conditions in force from time to time when using the Consultaly Services. If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
These conditions will be updated periodically.
It is the responsibility of the customer (user) to always refer to the latest version published on the Application.
16. PRIVACY POLICY
Users' data is processed by Consultaly in compliance with the provisions of current legislation on the protection of personal data, as better specified in the specific Privacy Policy as well as in the Privacy and Cookie Policy. The legal basis that legitimizes the processing of data is the execution of the contract or the performance of pre-contractual and administrative-accounting activities and/or the fulfillment of a legal obligation.
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T&C updated 01/19/2023