1. Object
1.1 These general conditions of sale apply to the purchase of all of Biofficina through the e-commerce site www.biofficina-shop.com (hereinafter the “Site”) by users qualifying as “Customers” pursuant to of the following article 1.2. The Site is managed by BIOFFICINA SRLSVIA ZONA INDUSTRIALE PIANO LAGO N. 20 87050 MANGONE (CS) VAT number 03596770788 and deals with the supply of the Products.
1.2 Purchases of Products made through the Site will see BIOFFICINA SRLS as parts, as the seller (hereinafter the “Seller”), and the person who proceeds to purchase one or more Products (hereinafter the “Customers”), (Seller and Customer will be collectively referred to below as the “Parties”).
1.3. Any communication from the Customer connected and / or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Site and at the e-mail address customer@biofficina.info
1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Customer.
1.5. Simultaneously with the transmission of the purchase order, the Customer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address declared by the same during registration on the Site or during the purchasing process.
1.6. In order to make purchases through the Site, the Customer must have the age of majority and the ability to act, which the Customer declares to possess.
1.7. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Customer, according to the rates applied by the operator selected by the Customer.
2. Characteristics of the Products and their availability in the various geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Customer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
2.3. The prices, the Products for sale on the Site and / or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Customer is invited to check the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request their delivery in Italy.
3. How to purchase the Products – Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Customer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Customer, by transmitting the order to the Seller , is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Customer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your own personal use. Furthermore, the Customer will be asked to identify and correct any errors in entering their data.
3.3. The Customer’s purchase order is accepted by the Seller by sending it to the Customer, to the e-mail address he declared to the Seller at the time of registration on the Site or when the order is sent if the Customer is not registered on the Site. , an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order placed and the description of the characteristics of the Products ordered. The Customer’s order, the Seller’s order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Customer may request a copy by sending an e-mail communication to the Seller at ‘address customer@biofficina.info
3.4. Each contract for the purchase of the Products is considered concluded when the Customer receives the order confirmation from the Seller via e-mail.
4. Product selection and purchase procedure
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Customer and placing them in the appropriate virtual shopping cart. After the selection of the Products, to make the purchase of the Products placed in the cart, the Customer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Customer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Customer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and a telephone number where you can contact him for any communications relating to the purchase made. The Customer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Customer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box. on the Site and finally, through the “Enter order” button, the Customer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Customer will also be asked to choose the shipping method and the payment method, among those available. If the Customer decides for the immediate payment method (contextual to the purchase) by credit card or PayPal, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the details indicated by the Customer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Customer.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following that in to which the Customer sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Customer and will refund any sums already paid by the Customer for the payment of the Product pursuant to the following par. 5.3.
5.3. The shipment of the Products ordered by the Customer will take place in the method selected by the Customer, among those available and indicated on the Site at the time the order is sent. The Customer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these general conditions of sale, failing which, the products will be considered accepted. Should the packaging or wrapping of the products ordered by the Customer reach their destination clearly damaged, the Customer is invited to refuse delivery by the carrier / forwarder or to accept delivery “with reserve”.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Site at the same time as the Customer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated prior to the confirmation of the order sent by the Seller to the Customer and that the same Customer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Customer must pay the total price to the Seller, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Customer.
7. Payments
7.1 The Customer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller’s current account.
7.2. Payment can be made by credit card, via PayPal or by cash on delivery, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If the payment is made by credit card, the Customer will be transferred to a secure site and the credit card data will be communicated directly to customer@biofficina.info , an operator who deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.
8. Legal guarantee of conformity of the Seller, reporting of conformity defects and interventions under guarantee
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Customer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. . The application of any guarantee is excluded in case of use of the Product that does not conform to that of the Product and to the instructions / warnings in this regard provided by the Manufacturer, or reported in the reference illustrative documentation.
8.2. Under penalty of forfeiture of this guarantee, the Customer has the duty to report any defects and non-conformities within and no later than 10 (ten) days from discovery (or no later than the more favorable term established by Legislative Decree 206 / 2005, if applicable), by sending to the Consumer Service at the addresscustomer@biofficina.info , the appropriate form correctly completed, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product and the order confirmation sent by the Seller).
8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Customer through the assistance service of BIOFFICINA SRLSVIA ZONA INDUSTRIALE PIANO LAGO N. 20 87050 MANGONE (CS) VAT number 03596770788e, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Customer with a reply, containing the “Return Code”, via e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Customer, together with a copy of the return authorization notice bearing the “Return Code”, within 30 (thirty) days of reporting the defect or non-conformity, as follows Street address:
8.4. If the Seller is required to reimburse the Customer the price paid, the refund will be made, where possible, by the same payment method used by the Customer when purchasing the Product or by bank transfer. It will be the Customer’s responsibility to communicate to the Seller, again by e-mail at customer@biofficina.info , the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due. .
9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the Site, is free from any liability, none excluded and / or excepted, indicating the name of the relative manufacturer of the product.
10. Right of withdrawal
10.1. The Customer has the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within the term of 14 (fourteen) days from the day of receipt of the ordered Products, for any reason and without having to give reasons. in any way their own decision.
10.2. For the purposes of exercising the right of withdrawal, the Customer must send the Seller the appropriate form correctly completed by e-mail to the address customer@biofficina.info within the aforementioned deadline.
10.3. If the Products have not been shipped to the Customer, the withdrawal will be considered exercised with the receipt of the aforementioned e-mail from the Seller.
10.4. If the Products have been shipped to the Customer, following receipt of the aforementioned e-mail, the Seller will send the Customer the return code via e-mail. Within the following 14 days, the Customer must transcribe the return code on the form referred to in point 10.2 above and return the Products to the Seller, together with the form referred to in point 10.2 above, duly drawn up and complete with the return code, by sending them or delivering them. in BIOFFICINA SRLS – INDUSTRIAL AREA PIANO LAGO N.20 -87050 MANGONE
10.5. It is understood that the risks and transport costs relating to the return of the Products to the Seller will be borne by the Customer.
10.6. In order for the right of withdrawal to be validly exercised, the Products must be delivered or in any case sent to the Seller intact (without any signs of wear, abrasion, scratches, deformations, etc.), complete with all their elements and accessories. (including the boxes, labels, etc. attached to the product), accompanied by the attached instructions / notes / manuals, the original packaging and packaging and the guarantee certificate, if any. Failing this, the Customer will not be entitled to a refund of the amount paid. To this end, therefore, it is advisable to cover the original wrapping of the Products with other protective packaging that preserves its integrity and protects it during transport, even from writings or labels.
10.7. The Seller will take delivery of the returned Products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.6.
10.8. If the verification of the returned Products has been successful and the right of withdrawal has been validly exercised by the Customer within the terms and in the manner provided, the Seller will refund the Customer the full amount paid for the purchase of the Products, including the shipping costs, as soon as possible and in any case within 14 (fourteen) days. In any case, the shipping costs and any duties or additional taxes for returning the Product to the Seller will be borne by the Customer.
10.9. The aforementioned refund will be made, where possible, by the same payment method used by the Customer when purchasing the Product or by bank transfer in favor of the Customer; the Customer’s responsibility will be to communicate to the Seller, by e-mail to customer@biofficina.info , the bank details to make the transfer in your favor and to ensure that the Seller is put in a position to be able to return the amount due. If the payment was made by credit card, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the credit card used by the customer for payment. If the payment was made via PayPal, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the account used by the Customer for payment.
11. Customer data and privacy protection
11.1. In order to proceed with the registration, the forwarding of the order and therefore the conclusion of this contract, some personal data from the Customer are requested through the Site. The Customer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and in compliance with the legislation referred to in the Italian law Legislative Decree n. 196/2003 and subsequent amendments – Privacy Code, to execute each purchase made through the Site and, subject to your consent, for any further activities as indicated in the specific Information (link word to Privacy Policy) on the privacy provided to the Customer through the Site at the time of registration.
11.2. The Customer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
11.3. The Customer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site “Account” accessible after authentication.
11.4. For any further information on the methods of processing the Customer’s personal data, please access the Privacy Policy section.
13. Security
13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Customer on the Site, even after the Customer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
13.2. With regard to data relating to payments by credit card, the Seller uses the services of the company Banca Sella SpA which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law, conciliation attempt and competent court
14.1. Except for the contracts stipulated with the subjects mentioned in the previous article 1.6, subject to the exclusive jurisdiction of the Court of Bologna, every sales contract concluded between the Seller and the Customers pursuant to these general conditions of sale will be governed and interpreted in accordance with the laws. Italian and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law will be reserved.
14.2. In the event of disputes between the Seller and a Customer, the dispute will be devolved exclusively to the Court of Bologna, unless this provision is not applied due to mandatory laws in force in the Customer’s country of residence.
15. European ODR platform
As an alternative to the provisions of the previous art. 14 if the Customer has encountered a problem relating to a purchase made on the Seller’s site and wishes to resolve it without taking legal action, he can access the European ODR Platform for out-of-court dispute resolution.
The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU.
If the Customer wants more information on the platform or if he wants to start an online alternative dispute resolution procedure through this, he can access the following link http://ec.europa.eu/odr