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TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE WWW.BIOSUGHERO.IT
LEGAL NOTICE
This document contains the terms and conditions (the "Site Conditions") and, therefore, the rules, on the basis of which the company Biosughero S.r.l. (hereinafter "we" or "Biosughero") provides access to the website https://www.biosughero.it as well as to any Biosughero mobile application that allows users to view the services and/or products offered by the company and purchase such products and/or services (collectively "Site").
These pages, their content, their structure and the online purchase service provided by Biosughero on and through the www.biosughero.it platform are owned or licensed, managed and offered by Us and are provided to the End User both for exclusive personal use for non-commercial purposes (B2C) and for professional or business purposes (B2B). This document, therefore, governs the terms and conditions between Biosughero and the End User.
Please read these Site Conditions carefully before accessing the site and possibly purchasing any products and/or services from the Site. The submission of purchase orders through the Site (now or in the future) entails acceptance by users of these Site Conditions that govern the use of the Site itself and sales made through it.
Biosughero reserves the right to modify these Site usage and sale conditions over time by unilaterally modifying the provisions reported on this page. In the event that the user does not accept the new Site Conditions, they are required not to use the services offered by the Site and will not be able to purchase products and/or services through the Site.
The use of personal data transmitted through the Site is governed by the Biosughero Privacy Policy which is referenced (link).
For clarity, it is specified that any reference to the "Site" contained in these Conditions includes all current or future versions of the website https://www.biosughero.it as well as any mobile application through which access to, and use of, the Biosughero Site is available, regardless of whether, in both cases, access occurs through a currently existing platform or device or through a future platform or device (including, by way of example and not exhaustively, any mobile site, mobile application, affiliated or related site or subdomain, for access to, and use of, the Site possibly developed over time).
GENERAL CONDITIONS OF USE AND SALE
Art. 1 - INTRODUCTORY RULES AND ROLE OF BIOSUGHERO SRL.
1.1. Biosughero Srl., holder of rights to the portal www.biosughero.it, is a company under Italian law, with headquarters in Lanciano (CH), at Via G. Calabrò, 1/C, Tax Code and VAT No. 02749970691.
1.2. www.biosughero.it is an internet portal that, in addition to being dedicated to the online sale of Biosughero products and services, provides complementary digital services and allows End Users to purchase Biosughero products and services.
1.3 For the End User, meaning the one who for their own consumption or professional purposes uses the platform to learn about Companies and purchase the products and/or services they offer, Biosughero offers the possibility to purchase its own products and services.
1.4 The contract for the purchase of Products and Services is concluded between the End User and Biosughero, according to the terms and conditions established below.
Art. 2 - SITE ACCESS AND SITE CONDITIONS
2.1. It is possible to access some areas of the Site even without making a purchase or without registering your data. Most areas of the Site are accessible to anyone.
2.2. Navigation in any area of the Site, in any case, entails acceptance of the Site Conditions. End Users of the Site who do not accept the Site Conditions will not be able to use the services offered by the Site and purchase products through the Site itself.
2.3. Biosughero, as anticipated, has the right to modify these Site Conditions at any time. The user is therefore required to periodically check the Site Conditions in force at the time of purchasing products and/or services since only the version published on the Site on that date will apply to end users of the Site. End users of the Site are required to comply with the rules in force at the time they make a purchase.
Art. 3 – PURCHASES OF PRODUCTS AND/OR SERVICES BY THE END USER.
3.1. By placing a purchase order for products or services through the Site, the End User guarantees:
3.1.1. to have the capacity to act and conclude legally binding contracts with Biosughero;
3.1.2. to have reached 18 years of age.
3.2 To make a purchase, Biosughero may require the User to register with the simultaneous creation of a personal account. The processing of required data is governed by the privacy policy.
3.3. The End User confirms and undertakes, where necessary, to contact Biosughero directly before placing the order to obtain specific information about the quality and composition of products and services, where not specified in the technical sheet, where they are not specified in the technical sheet.
Art. 4 – PRODUCTS AND SERVICES FOR SALE.
4.1 Biosughero undertakes that prices, descriptions and availability of Products are specified in the respective sections of the Site with the most timely possible update and with the necessary accuracy of the case.
4.2 Each product is accompanied by a specific description and appropriate product sheet where at least all information required as mandatory by Law is indicated.
4.3 Although the Products present on the Site are presented with the maximum technically possible accuracy, the representation through photos, images, colors, sounds or any other means is to be understood as mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.
Art. 5 - SHIPPING METHODS AND ORDER PROCESSING – CONCLUSION OF THE ONLINE SALES CONTRACT.
5.1. To make the purchase, the User must select the products and/or services they intend to purchase from the menu provided on the Site by clicking on the "Add to Cart" command. This command involves transferring the item to the User's cart. To finalize the purchase, the User accesses the cart and proceeds to payment and the necessary completion of billing and shipping data, unless they have already registered a personal account.
5.2. Pursuant to art. 59 of the Consumer Code (applicable only to B2C), the right of withdrawal is excluded when dealing with products made to order and subject to rapid deterioration. For the generality of products and services offered by Biosughero, the provisions of the Consumer Code remain valid as applicable.
5.3 Once the order has been submitted and payment made, or selected as to methods, the user concludes a sales contract for products and/or services with Biosughero. However, Biosughero reserves the right to verify product availability and communicate different delivery terms depending on product availability. In this case, the User has the right to withdraw from the contract and have the paid amount returned according to the methods referred to in the following art. 7.
5.4. Upon conclusion of the contract, Biosughero notifies the user, via email, that the order has been received and is being processed. It is specified that any confirmation page that the user may view on the Site and any order confirmation that the user receives via email further confirm the concluded sales contract for products and/or services with Biosughero.
5.5. Estimated times for deliveries and/or pickups are provided at the time of order and conclusion of the sales agreement.
5.6 Biosughero relies on a third-party courier for shipping and delivery of its products and/or services, consequently it is not responsible for delays in delivery or non-delivery unless it has contributed with its own negligent behavior.
Art. 6 - PRICE AND PAYMENT
6.1. The prices of products and services are established by Biosughero and indicated near the representation of the product or service being sold. Prices exclude VAT (if and when due) but may not include delivery costs, which in any case will be indicated before payment if applicable. Such costs are added to the total amount due, if applicable.
5.2. Payment for purchased products or services can be made according to the methods established by Biosughero. Electronic payments, bank transfers and whatever else possible are accepted.
6.3 If the user pays by credit or debit card, they may be asked to show the card at the time of delivery or pickup as proof of identity while also allowing verification that the card corresponds to the receipt data for the order. From time to time, delays in payment and card transaction processing may occur with the consequence that some payments may take up to sixty (60) days to be charged to the user's bank account or credit or debit card.
6.5 In any case, Biosughero is not responsible for electronic payment procedures which are governed by the companies that provide such services. The User, by proceeding with electronic payment, also accepts the service conditions of the entity providing the electronic payment service. Therefore, Biosughero cannot in any way be held responsible for any malfunctions or anomalies of electronic payment methods managed by third parties.
6.6 Biosughero, in case of electronic payments by the End User, only receives information about the transaction outcome; all payment-related data remains managed by the third party that owns the payment method in compliance with its conditions of use of the payment method itself.
Art. 7 – SHIPPING AND DELIVERY.
7.1 As properly indicated, Biosughero relies on third-party professionals for shipping and delivery of products sold on the Site. Shipping and delivery costs are borne by the purchaser.
7.2 The terms and conditions of shipping and delivery are governed by the third-party carrier. In any case, Biosughero will provide the User, at least presumptively, with an estimate of delivery times and shipping cost which will be included in the product price.
7.3 Upon delivery, the End User is required to verify the integrity of the package, the number of packages and the transport document. In case of anomalies, they must report it to the carrier by direct dispute on the DDT.
7.4 Biosughero cannot be held responsible for damage, deterioration and loss of products in delivery as upon delivery to the carrier, the carrier becomes fully responsible.
Art. 8 – RIGHT OF WITHDRAWAL.
8.1 Regardless of the buyer's subjective qualification, the End User has the right to withdraw from the concluded purchase in the case provided for in art. 5.3 regarding modification of delivery terms for purchased goods.
8.2 Where the End User acts as a consumer – in the meaning of Legislative Decree September 6, 2005 no. 206 – they have the right to withdraw from the purchase by sending an appropriate declaration to BioSughero Srl, Via G. Calabrò, 1/C, 66034 – Lanciano (CH), by registered mail with return receipt or equivalent, in which they declare their intention to withdraw from the contract by inserting order references and the reason for withdrawal.
8.3 The term for communicating withdrawal is 14 days from receipt of the product or service. Regarding services, the right of withdrawal is only applicable where the service has not been rendered.
8.4 Simultaneously with sending the withdrawal declaration, the End User has the obligation to return the product, intact and unused, to Biosughero, sending it by courier, at their own expense, properly packaged and in the original undamaged packaging.
8.5 In the cases referred to in the previous paragraph 7.5, the End User remains responsible for the fate of the product until its delivery to the seller.
8.6 When Biosughero receives the product subject to withdrawal, it will be examined for its integrity and functioning so that where the product is free from damage, malfunctions or tampering, it will proceed to return the paid price minus 10% as a contribution for product restoration.
8.7 Shipping costs remain at the customer's expense and may be withheld from the refunded amount.
Art. 9 – LEGAL WARRANTY
9.1 Where the End User acts as an entrepreneur and/or professional – in the meaning of Legislative Decree 206/2006 – they have the right to warranty on purchased products for one year.
9.2 If the End User acts as a consumer, instead, the purchased products are covered by warranty according to what is provided by arts. 128 – 132 of the aforementioned Consumer Code.
9.3 The defect of conformity must be reported promptly, however no later than 14 days from product delivery, by sending registered mail with return receipt directly to the seller, or equivalent means, in which the complained defect is demonstrated.
Art. 10 - CUSTOMER SERVICE AND USER REVIEWS.
10.1. Biosughero currently does not have a customer service intended to facilitate the End User's use of the platform. Therefore, it makes available to the End User means to contact it and to resolve any problems that may arise in executing an order.
10.2 If Biosughero offers the End User the possibility to leave reviews on the portal, it assumes no responsibility for their content. Biosughero warns End Users against leaving denigratory, false reviews as well as those outside the canons of contingency and continence. Therefore, End Users will be held responsible if damage to Biosughero should arise from their reviews.
Art. 11 - LICENSE OF USE
11.1. The user is allowed to use the Site as well as print and download extracts from the Site for personal non-commercial use under the following conditions:
11.1.1. the user must not use the Site improperly, including through computer hacking or data scraping techniques.
11.1.2. Unless otherwise provided, copyright and other intellectual property rights relating to the Site (including, by way of example and not exhaustively, photographs and graphic images) are owned by Biosughero. The aforementioned works are protected under Italian Law and copyright treaties. All rights are reserved. For the purposes of this Site, any use of extracts from this Site in ways other than those provided for in this article 10.1 is prohibited.
11.1.3. It is not permitted to modify digital or paper copies of any material printed in accordance with what is provided in article 10.1 nor to use any design, photograph or other graphic image, video or audio sequence separately from the accompanying text.
11.1.4. It is necessary to ensure that Biosughero is always recognized as the author of the material present on the Site.
11.1.5. The use of material present on the Site or the Site itself for commercial purposes is not permitted without having obtained a license from Biosughero in this regard.
11.1.6. Except for what is provided in article 10.1, this Site cannot be used and no part of it can be reproduced or stored in any other website nor can it be inserted in any system or service, public or private, for electronic information retrieval without prior written authorization from Biosughero.
11.1.7. Rights not explicitly granted in this Site are in any case reserved.
Art. 12 – SITE FUNCTIONALITY
12.1. Although Biosughero strives to ensure that access to the Site can normally occur twenty-four hours a day (24h/24), it assumes no obligation in this regard and is not responsible to the user in case the Site, at any time or for periods of any duration, is not available.
12.2. Access to this Site may be temporarily suspended at any time, even without notice, in case of Site maintenance and/or for reasons that are beyond Biosughero's control.
12.3. Unfortunately, the transmission of information via internet is not completely secure. Although Biosughero adopts the measures prescribed by law for the protection of entered information, it is not able to guarantee the security of data transmitted to the Site; transmission is therefore carried out at the user's risk.
Art. 13 - USER MATERIAL AND REVIEWS
13.1. All material, information, personal identification data that the End User is required to transmit to Biosughero to conclude the sale of products and Services is governed by the Privacy Policy. By publishing, uploading or transmitting User Material, the user declares and guarantees to have ownership or otherwise control of all rights relating to the aforementioned Material
ART. 14 – BIOSUGHERO'S RESPONSIBILITY.
14.1. Nothing in this Site excludes or limits Biosughero's responsibility in case of fraud or gross negligence, nor any additional responsibility that cannot be excluded or limited under current regulations. Nothing in these Site Conditions affects the inalienable rights that the law grants to Site users such as, by way of example and not exhaustively, the rights guaranteed to consumers under the Consumer Code.
14.2. Subject to what is provided in the previous article 14.1, Biosughero is not liable to end users in any case, neither contractually nor extracontractually (including for negligence), nor for violation of obligations imposed by law nor for any other reason, even if it is a foreseeable circumstance, arising from, or in connection with the Site (including use, inability to use or effects of using the Site) in relation to:
14.2.1. possible loss of profits, sales, business or income;
14.2.2. loss or destruction of data, information or software;
14.2.3. loss of business opportunities;
14.2.4. loss of expected savings;
14.2.5. loss of goodwill;
14.2.6. any indirect or consequential loss.
14.3. Without prejudice to the provisions of the preceding articles and always subject to the regulations applicable to consumer protection, Biosughero's total responsibility towards users in relation to any other loss arising from, or in connection with the Site or its use by the user, whether contractual, extracontractual, for violation of obligations provided by law or for any other reason, cannot exceed the sum equal to Euro 100.
14.4. The End User is fully and exclusively responsible for any additional or related costs they may incur during use of the Site or as a consequence thereof, including, by way of example and not exhaustively, costs relating to assistance, repair or adaptation of any devices, software or data owned by the user or which the user has ownership or possession of by leasing or license or which are otherwise used by the user.
Art. 15 - TERMINATION
15.1. Pursuant to art. 1456 of the Civil Code, Biosughero has the right to terminate the contractual relationship with the end user and suspend the user's right to use the Site, immediately, even without written communication, in case it believes, at its sole discretion:
15.1.1. that the user has used the Site in violation of these conditions of use;
15.1.2. that the user has failed to make payment for an Order or has violated any other essential provision of these Site Conditions;
15.1.3. that the User has, even only attempted, to carry out illegal activities to the detriment of Biosughero or insert reviews deemed offensive and defamatory.
15.2. Upon termination or suspension, the user is required to immediately destroy any extract from the Site that may have been downloaded or printed.
Art. 16 - COMMUNICATIONS.
16.1. Current regulations may require that some information and notices, among those that Biosughero provides to the user, must be communicated in writing. By using the Site or making purchases of Services or Products through the portal, the end user accepts that communication with Biosughero occurs exclusively electronically. In particular, the user accepts being contacted via email or being provided information through publication of notice posts on the Site. For contractual purposes, the user accepts these electronic methods of communication. This clause does not affect the rights that the law provides in favor of Site users.
Art. 17 - UNCONTROLLABLE EVENTS.
17.1. Biosughero is not liable for, and is not required to compensate, any non-performance or late performance of its contractual obligations provided by these Site Conditions that is caused by events beyond its reasonable possibility of control ("Force Majeure Events").
17.2. A Force Majeure Event includes any act, event, non-occurrence, omission or incident that goes beyond Biosughero's reasonable possibilities of control and includes in particular (by way of example and not exhaustively) the following:
17.2.1. strikes, lockouts or other actions in the context of employee-company relations;
17.2.2. civil unrest, riots, invasions, terrorist attacks or threats of terrorist attack, wars (even without proper declaration) or threats of war as well as preparations for war;
17.2.3. fires, explosions, storms, floods, earthquakes, ground subsidence (including subsidence), epidemics or other natural disasters;
17.2.4. inability to use railway, naval, air, road or other public or private transport;
17.2.5. inability to use public or private communication networks;
17.2.6. laws, decrees, regulations, regulation or restrictive discipline of any government.
17.3. The performance by Biosughero of its contractual obligations provided by these Site Conditions is considered suspended for the entire duration of the Force Majeure Event and Biosughero will benefit from an extension of the duration provided for performance equal to the duration of the aforementioned period. Biosughero makes every reasonable effort to reach the end of the Force Majeure Event or find a solution whereby its own contractual obligations can be fulfilled despite the Force Majeure Event.
Art. 18 - VARIOUS AND ADDITIONAL CLAUSES
18.1. Biosughero undertakes to protect the confidentiality and security of end users. All personal data of users collected by Biosughero is processed in accordance with the Privacy Policy. The Site user is required to examine the Privacy Policy, which constitutes, by virtue of this reference, an integral part of the Site Conditions and is available at the following link https://www.iubenda.com/privacy-policy/44281143/full-legal.
18.2. If one or more terms or conditions of these Site Conditions are declared invalid, null or ineffective, in whole or for any part, the invalidity, nullity or ineffectiveness will concern only such terms, conditions or provisions and the remaining terms will remain valid and effective to the maximum extent permitted by law.
18.3. These Site Conditions and any other document explicitly referenced therein constitute the entire agreement between Biosughero and the End User and replace all previous discussions, correspondence, negotiations, any previous agreement, understanding or contract between the parties in relation to the subject of the contract.
18.4. Any failure or delay in implementing (in whole or in part) any provision of these Site Conditions cannot be interpreted as a waiver by either party to assert their rights or remedies.
18.5. The Site user cannot assign any right or obligation provided by these Site Conditions without prior written consent from Biosughero. On the contrary, Biosughero can assign any right or obligation provided by these Site Conditions to an affiliated company or to any enterprise with which it associates to carry out business activity, which it acquires or to which it is sold, even in case of business transfer or business branch transfer and provided that following the transfer there is no reduction in the protection of consumer rights.
18.6. The headings and definitions contained in the articles of this Site Regulation are provided exclusively for convenience and do not affect their interpretation in any way.
Art. 19 - APPLICABLE LAW AND DISPUTE RESOLUTION.
19.1 All complaints and disputes that may arise between Biosughero and the End User, at the initiative of the latter, in relation to or under these Site Conditions will be governed and interpreted under Italian law. For consumers residing in Italy, the mandatory consumer protection regulations provided by Italian law (Consumer Code) will apply.
19.2 As an alternative to judicial resolution of disputes, the End User can send their complaint to the email address info@biosughero.it. In this case, Biosughero undertakes to strive to find a resolution to the dispute.
Ver. 1.0 of 21.04.2022