Terms and Conditions

General Conditions of Sale, effective from 06/11/2023.

 

PREMISE

 

This information is provided for the site https://onebioshop.com/ (Site).

 

Seller's data: AQQA SRL - Via Roma, 93/c 30020 Quarto d'Altino (VE) - Italy - VAT number 08942811210 - Email info@onebioshop.com (Seller).

 

Art. 1 Scope of application

 

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site. The indications and descriptions given in correspondence with the Products have a commercial nature and do not replace in any way modo diagnosis, analysis, treatments or other forms of personalized clinical and medical consultation which can and must be requested by the user directly from his/her specialist. The same applies to any possible suggestions to Lei communicated in any modo or form from the Seller. Therefore, what is set out on the Site serves only as a general indication - which may not be suitable for all users - and is not intended as a consultation and personalized advice based on the various health and well-being cases of the individual persona. Any informative texts and documents on the Site that provide indications (directly or indirectly) to medical practices or treatments for pathologies (at a preventive or therapeutic level) must not be taken as specific remedies for the user. Therefore, the Seller invites you to contact your specialist to explain and resolve any health problems you may have. The supplements sold on the Site must not be considered as substitutes for a varied and balanced diet and a correct and healthy lifestyle.

 

1.2 Where made possible by the Site, entering your tax code when making a purchase implies that Lei is acting as a Consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). It is recalled that the status of Consumer is persona physical person acting for purposes other than the entrepreneurial, commercial, professional or artisanal activity possibly carried out. If, however, the possibility of entering the VAT number (yours or that of a persona legal), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, letter c) of the Consumer Code. The status of Professional is held by persona natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.

 

1.3 The terms indicated are to be understood as working days, excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colours may differ from the actual ones due to the settings of the computer systems or computers used. Lei used for their display. 

 

1.4 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. Lei You are therefore invited to regularly access the Site and to consult the most up-to-date version of the General Conditions of Sale before making any purchase.

 

1.5 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

 

1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hypertext connections. 

 

1.7 Before carrying out commercial transactions with these entities it is necessary to verify their conditions of sale. 

 

1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties. 

 

1.9 The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via such links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.

 

1.10 Lei is required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.

 

1.11 The Seller shall not be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or state: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained in the Site is accurate, complete and up to date.

 

1.12 Unless otherwise agreed with the Seller, orders cannot be placed via email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

 

1.13 All elements of the Site are the property of the Seller or third parties. Except with the specific written consent of the Seller, it is forbidden to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Site. 

 

Art. 2 Purchases on the Site

 

2.1 To make purchases on the Site, it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

 

2.2 Lei undertakes to inform the Seller immediately if it suspects or becomes aware of any improper use or disclosure of any information from Lei inserted on the Site. 

 

2.3 Lei guarantees that the personal information provided is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way modo connected to the violation of this commitment.Lei undertakes to immediately inform the Seller in the event that it suspects or becomes aware of any improper use or disclosure of the access credentials to the Site.

 

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.

 

2.5 To place orders on the Site, you must read and approve these General Conditions of Sale by selecting the appropriate box on the pages of the purchase procedure. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

 

2.6 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the entity to which the user addresses his/her order, in order to accept the offer and conclude the sales contract; (ii) the entity that assumes towards the user the pre-contractual obligations deriving from the offer; (iii) the entity that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.

 

2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own commercial banner. Therefore, when the Seller's banner is used on the Site and/or in communications with customers relating to the Site or the first persona plural ("We"), the reference is to be understood not only to the Site, but also to the Seller.

 

2.8 Food Products are sold on the Site. Before purchasing any Food Product offered for sale on the Site, Lei Please inform the Seller if Lei suffers from any type of allergy, intolerance or food intolerance. If you do not make this communication, the Seller is in no way responsible modo responsible for any kind of damage that Lei may have suffered from the purchase of Food Products on the Site.

 

2.9 After purchase, Lei will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.

 

2.10 The colours of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the colour of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the colour of one or more Products on the Site.

 

Art. 3 Availability of Products

 

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent.

 

3.2 Information on the availability of the Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may appear available for a short period of time, but may be out of stock or not immediately available and it may be necessary to wait for it to be restocked.

 

3.3 Lei will be informed in case of unavailability of the ordered Product. In this case Lei will be entitled to terminate the purchase contract. At each modo, Please note that before requesting the termination of the contract, the Seller reserves the right to implement these measures:

• If restocking is not possible, the Seller will supply a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.
• If restocking is possible, an extension of the delivery times, offered by the Seller, with indication of the new delivery time.

 

 

3.4 If a refund is requested for the amount paid for the purchase of Products which subsequently prove unavailable, the Seller will make the refund within a maximum of 7 days. 

 

3.5 In the event that Lei avails itself of the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” below.

 

Art. 4 Prices

 

4.1 Prices on the Site include VAT.

 

4.2 Furthermore, the prices on the Site do not include the WEEE contribution as the Products sold are not subject to the relevant regulations.

 

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, without prejudice to the fact that the price at Lei The amount charged will be the one indicated on the Site at the time the order is placed and no account will be taken of any variations (increases or decreases) subsequent to the transmission of the order.

 

4.4 Whether or not shipping costs for the Products are free is indicated from time to time (in the purchase process, in the product sheet or in any case on the Site itself).

 

4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be with Lei transferred at the time of shipment, meaning the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be Lei transferred when Lei, or a third from Lei designated and other than the carrier, will physically take possession of the Products.

 

4.6 The purchase contract is subject to termination upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with Lei elapsed, the order will be consequently cancelled.

 

4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct price to the customer even after the conclusion of the purchase order. In this scenario, the customer has the right to accept the new price or to dissolve the purchase contract. The Seller may also cancel the purchase contract of the Product in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

 

Art. 5 Payment methods

 

5.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.

 

5.2 On the Site Lei can purchase via payment cards. The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the company issuing the payment card used for payment Lei used will have issued the authorization to debit. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be asked to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even in the event that Lei choose to store such data on the Site, the data of your payment card used to pay for the Products. The payment cards accepted can be displayed in the footer of the Site and/or in the context of the purchase process.

 

 

• Visa.
• MasterCard.
• PostePay.
• American Express.

 

 

5.3 It is not possible to pay by bank transfer on the Site.

 

5.4 It is not possible to pay by cash on delivery on the Site.

5.5 If the value of the discount code is less than the order value, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for one purchase only. In no case can discount vouchers be converted into cash.

 

5.6 Any alternative methods other than those indicated above are or will be described in this article.

• On the Site it is also possible to make purchases using the PayPal payment solution. If Lei choose PayPal as your payment method, you will be redirected to the website www.paypal.it dove will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way modo the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.
• On the Site, you can also make purchases using Klarna's payment by installments solution. The first payment is charged at the time of shipment of the order itself and/or at the time of conclusion of the purchase contract, while subsequent payments are charged every 30 days from the first charge, salva otherwise indicated on the Site or by the payment service provider (Klarna). If Lei If you choose Klarna as your payment method, you will be redirected to www.klarna.com dove will follow the procedure established and regulated by Klarna and the terms and conditions of the contract agreed between Lei and Klarna. The data entered on the Klarna website will be processed directly by Klarna and will not be transmitted or shared with the Seller.

 

 

5.7 In accordance with Legislative Decree No. 26 of 7 March 2023, the prices published on the Site have not been personalized on the basis of automated decisions. The prices displayed on the Site are therefore not influenced by the previous behavior of the consumer.

 

5.8 In the event of a price reduction, the Site indicates the lowest price applied to the generality of consumers in the 30 days preceding the application of the price reduction. For Products that have been placed on the market for less than 30 days, the period of time during which the previous price is indicated fa reference. This clause does not apply to “launch prices”, characterised by subsequent announcements of price increases.

 

Art. 6 Delivery of Products

 

6.1 The delivery of the Products is expected in Europe and outside of it. The user can always contact the Seller for more information regarding the delivery of the Products; for example to find out if delivery is expected in countries other than those indicated on the Site.

Your products can be shipped Inside and outside the Euro Area:

-Within Europe: Italy, Austria, Belgium, Croatia, Estonia, Finland, France, Germany, Greece, Ireland, Iceland, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Czech Republic, Slovakia, Slovenia, Spain mainland; Bulgaria, Denmark, North Macedonia, Poland, Norway, United Kingdom, Romania, Serbia, Sweden, Switzerland, Hungary.

-Outside Europe: Saudi Arabia, Australia, Canada, South Korea, United Arab Emirates, Hong Kong SAR, Israel, Japan, Mexico, New Zealand, Qatar and Singapore, United States of America.

All calendar days that are not Saturdays, Sundays or holidays are considered working days.

You will receive a tracking number on your email, which allows you to follow your shipment step by step until delivery.

The couriers used are GLS, SDA, UPS, DHL, DPD, PostNL International and Colissimo.

 

It takes 0 to 6 business days to assemble and ship your order.

 

- Pick up at the Pick Up point of Via Roma, 93/c 30020 Quarto d'Altino (VE) - Italy:

FREE (arrange collection)

 

Delivery Time and Costs:

For Shipments to Italy, shipping costs 5.90 euros up to 99 euros of cart. Above this amount it is Free. Delivery: 1 to 4 working days from processing. 

For Shipments to Austria, Belgium, France, Germany, Netherlands, Spain, Ireland, Estonia, Finland, Slovenia, Portugal, Lithuania, Latvia, Luxembourg, Greece, Czech Republic, Slovakia, Bulgaria, Hungary, Croatia, Romania shipping costs 9.90 euros up to 99 euros of cart. Above this amount it is Free. Delivery: from 4 to 9 working days from processing.

Iceland, Montenegro, Serbia, North Macedonia shipping costs 9.90 euros up to 99 euros of cart. Above this amount it is Free. Delivery: 15 to 20 working days from processing.

For Shipments to Swiss shipping costs you 9.90 CHF up to 99 CHF of cart. Above this amount it is Free. We deliver 15 to 20 working days from the order processing. Receive without paying charges or duties to import. 

For Shipments to Sweden Shipping costs you 120 SEK up to 1200 SEK of cart. Above this amount it is Free. We deliver 4 to 9 working days after processing the order. Receive without paying any import fees or duties. 

For shipments to the Denmark, shipping costs you 75 DKK up to 750 DKK of cart. Above this amount is Free. We deliver from 4 to 9 working days from the order processing. Receive without paying any import charges or duties. 

For shipments to the Norway,  Shipping costs you 120 NOK up to 1,200 NOK of cart. Above this amount it is Free. We deliver 15 to 20 working days after processing the order. Receive without paying any import charges or duties. 

For shipments to the United Kingdom, shipping costs you £8.7 up to £87 of cart. Above this amount is Free. We deliver from 4 to 9 working days from the processing of the order. Receive without paying charges or duties to import. 

 For shipments to the Poland, shipping costs you PLN 45 up to PLN 450 of cart. Above this amount is Free. We deliver from 4 to 9 working days from the order fulfillment. Receive without paying any charges or duties to import. 

For shipments to the United States, shipping costs you 17 USD up to 220 USD of cart, over this amount it is free. We deliver 15 to 20 business days after processing the order. Receive without paying charges or duties to import. 

For shipments to the Canada, shipping costs you 25 CAD up to 300 CAD of cart, above this amount is free. We deliver within 15 to 20 working days from order processing. Receive without paying any import charges or duties. 

 For Shipments to Mexico shipping costs you 220 MXN up to 2200 MXN of cart, over this amount it is free. We deliver 20 to 30 business days after processing the order. Receive without paying charges or duties to import. 

For shipments to the Japan, shipping costs you 3,000 JPY up to 33,000 cart, over this amount it is free. We deliver 15 to 20 business days after processing the order. Receive without paying any charges or duties to import. 

For Shipments to Singapore, shipping costs you 25 SGD up to 150 SGD of cart, above this amount is free. We deliver within 15 to 20 working days from order processing. Receive without paying any import charges or duties. 

 For Shipments to South Korea, shipping costs you 25,000 KRW up to 300,000 KRW of cart, over this amount is free. We deliver 15 to 20 business days after processing the order. Receive without paying any charges or duties to import. 

For Shipments to Australia, shipping costs you 25 AUD up to 500 AUD of cart, over this amount is free. We deliver 15 to 20 working days from the order fulfillment. Receive without paying charges or duties for import. 

 For Shipments to New Zealand, shipping costs you 25 NZD up to 500 NZD of cart, over this amount is free. We deliver 20 to 30 working days after processing the order. Receive without paying charges or duties to import. 

 For Shipments to Hong Kong, shipping costs you 130 HKD up to 1,700 HKD of cart, over this amount is free. We deliver 15 to 20 working days after processing the order. Receive without paying any charges or duties to import. 

For Shipments to United Arab Emirates, shipping costs you 60 AED up to 400 AED of cart, above this amount it is free. We deliver 15 to 20 working days from the fulfillment of the order. Receive without paying charges or duties to import. 

For Shipments to Saudi Arabia, shipping costs you 60 SAR up to 400 SAR of cart, above this amount it is free. We deliver 15 to 20 working days after processing the order. Receive without paying charges or duties to import. 

For Shipments to Qatar, shipping costs you 60 QAR up to 400 QAR of cart, over this amount it is free. We deliver 20 to 30 working days after processing the order. Receive without paying any charges or duties to import. 

For Shipments to Israel, shipping costs you 65 ILS up to 800 ILS of cart, over this amount it is free. We deliver 30 to 40 working days from the order fulfillment. Receive without paying charges or duties to import. 

 

 

6.2 The delivery obligation is fulfilled by the transfer to Lei of the material availability or in any case of the control of the Product.

 

6.3 Delivery time of the Products from the sending of the order within 9 working days for Europe and within a maximum of 40 working days outside Europe. To which a maximum of 7 working days must be added for the management of the order and the dispatch.

 

6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 50 working days from the sending of the order. It is up to Lei check the conditions of the delivered Product. It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when Lei, or a third from Lei designated and different from the carrier, physically takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. 

 

6.5 With reference to the possibility of requesting delivery of the Products to a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product from a "collection point" other than the address indicated by you. Lei communicated during the purchasing process. Lei You are however invited to access the Site regularly to check whether this delivery option is subsequently made available on the Site.

 

6.6 The user acknowledges that the collection of the Product is his/her specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and to request compensation for any damage suffered as a result of failure to collect the Product.

 

Art. 7 Right of withdrawal

 

7.1 The user is invited to carefully read this article, which regulates the right of withdrawal.

 

7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If Lei purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 shall apply in full.

• The Products sold on the Site are at risk of deterioration or expiration rapidly. For this reason, the rules on the right of withdrawal do not apply, given that otherwise the Seller would be unable to resell Products that can no longer be used by buyers.
• Sealed goods are sold on the Site and are not suitable for return for hygiene or health protection reasons. If these Goods have been opened after delivery Lei loses the right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.

 

 

7.3 If Lei has the status of Consumer (and in the event that no exceptions to this effect provided for in this article apply) Lei has the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to bear costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, Lei must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contact details indicated in the Introduction, or use the contact form that may be present on the Site.Lei has exercised his right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is from Lei sent before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller's premises, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:

 

• in the case of an order relating to a single Product, from the day on which Lei or a third party other than the carrier and Lei designated, acquires physical possession of the Products;
• in the case of a Multiple Order with separate deliveries, from the day on which Lei or a third party, other than the carrier and designated by Lei, acquires physical possession of the last Product; or
• in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which Lei or a third party, other than the carrier and designated by Lei, acquires physical possession of the last lotto or piece.

 

7.4 If the withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at his expense, the Seller may suspend the refund until receipt of the Products or until the Consumer has demonstrated that he has sent the Products back, if earlier. The Consumer is solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all the accessori and the information sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessori of the Product. In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will communicate this circumstance and the resulting decreased refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product. In the event that the right of withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. 

If the right of withdrawal exists, the Products must be returned to the address indicated in the "Seller's Data" section in the Introduction or to the address communicated from time to time by the Seller.

 

7.5 This article regulates a very important area relating to return costs in the event of withdrawal.

 

In light of the above, the Seller deems it appropriate to highlight to you that the costs of returning the Product will be at your expense and under your responsibility.

 

Art. 8 Legal Guarantee of Conformity

 

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It therefore applies only to users who have made the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out.

 

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The action aimed at asserting defects not fraudulently concealed by the Seller expires, in any case, within twenty-six months of delivery of the goods.

 

8.3 Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will instead be the Consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.

 

8.4 In the event of a lack of conformity of the goods, the Consumer has the right to have the conformity restored, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by art. 135-bis and following of the Consumer Code.

 

8.5 The Seller is not responsible for any damages of any nature whatsoever arising from the use of the Product in modo improper and/or not compliant with the instructions provided by the manufacturer as well as in the event of damage resulting from fortuitous events or force majeure.

 

8.6 If Lei made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by art. 1490 et seq. of the civil code; in particular, the term for reporting any defects is 8 days from discovery and the action is subject to a limitation period of 1 year from delivery.

 

Art. 9 Manufacturer's Warranty

 

The Manufacturer's Warranty is an additional warranty to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. Lei you can in any case assert your rights under the Legal Guarantee of Conformity governed by the previous article.

 

Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Disputes Resolution/Online Disputes Resolution

 

10.1 Purchase contracts concluded through the Site are governed by the provisions of these General Conditions of Sale and, where not otherwise provided, by the Italian Consumer Code.

 

10.2 Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile shall have jurisdiction. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the court where the Seller is based shall have jurisdiction, pursuant to the provisions of the Introduction.

 

10.3 The Seller informs the user who has the qualification of Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute body or bodies. Resolution for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not you intend to avail yourself of such bodies to resolve the dispute itself.

 

10.4 The Seller also informs the user who has the qualification of Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.

 

10.5 In any case, the right of the Consumer user to bring the dispute arising from these General Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.

The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

 

Art. 11 Customer Service

 

11.1 You may request information, send communications, request assistance or forward complaints by contacting the Seller at the contact details indicated in the Introduction, or by using the contact form that may be present on the Site.

 

11.2 The Seller responds within an indicative time of 2 days.

 

Art. 12 Reviews

 

12.1 Pursuant to the provisions of Legislative Decree No. 26 of 7 March 2023, the Site allows the publication of reviews by users. The Seller does not guarantee that the published reviews always come from consumers who have actually purchased or used the product or service purchased on the Site. Among the reviews published on the Site, some may have been solicited, for example by sending a discount voucher. In this case, this circumstance is duly indicated on the solicited review. Furthermore, reviews originating from sponsorships or a relationship with a professional (e.g. influencer) may be published; this circumstance is also duly disclosed on the relevant review.

 

12.2 The tool for publishing reviews is Trustpilot, by Trustpilot A/S. For more information on this service, you can visit the website https://it.trustpilot.com.

 

Art. 13 Miscellaneous

 

13.1 This document fully regulates the relationship between Lei and the Seller. In any case, the rights and obligations established by the law applicable from time to time remain intact.