General conditions of sale (GCS)
The content of these terms and general conditions govern all contracts concluded between the buyer and the seller regarding the website www.bio-genesis.it. A contract is subject to the version of the terms and conditions applicable at the time the contract is concluded.
The website www.bio-genesis.it is owned by Biogenesis Srl with registered office in via Orvieto, 134 – 00040 Pomezia (RM) – Italy.
Purchases made electronically or by telephone are governed by these conditions of sale, which can be modified at any time by Biogenesis Srl, effective from publication on the site.
Any condition on the part of the buyer which contradicts or deviates from these terms and general conditions does not form an integral part of the contract unless expressly agreed in writing by the seller.
1 – Definitions
“Consumer”: any natural person who places an Order for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out,
“Professional”: any natural or legal person who places an Order in the exercise of his entrepreneurial, commercial, craft or professional activity;
“Customer”: depending on the case, a Consumer or a Professional;
“Contract”: any agreement between Biogenesis Srl and a Customer regarding the purchase by the latter of one or more Products, concluded, depending on the means used, according to the methods set out in these conditions of sale;
“Order”: any proposal concerning the purchase of one or more Products, formulated by the Customer towards Biogenesis Srl;
“Site”: the website www.bio-genesis.it
2 – Object of the contract
This Contract contains the terms and conditions governing the purchase and sale of Products as well as the supply of Services purchased by the Customer by telematic means or by telephone; and navigation on the Site by the Customer as well as the use of all the functions made available to the Customer through the Site.
3 – Stipulation and conclusion of the contract
3.1 The contract between Biogenesis Srl and the Customer is concluded by telephone or via the Internet by accessing the Customer at the address www.bio-genesis.it, where following the procedures indicated, he will arrive at formalizing the proposal for the purchase of goods referred to in the previous article. Any contract relating to the purchase of Products will be stipulated in the Italian language.
3.2 Biogenesis Srl may not accept and process the order if there are insufficient guarantees of payment, if the orders are incomplete or incorrect, or if the products are no longer available. In the above cases, the Customer will be informed by e-mail that the contract has not been executed and that Biogenesis Srl has not confirmed the purchase order specifying the reasons. It is understood that Biogenesis Srl, in the event of non-acceptance, will refund the amounts already paid.
3.3 By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept these general conditions of sale. By forwarding the order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due in accordance with these general conditions of sale.
3.4 Conclusion of the contract via the internet
3.4.1 To proceed with the purchase of one or more Products via the Internet, the Customer must first register on the Site, providing Biogenesis Srl, in compliance with the applicable provisions on the protection of personal data, with all the data necessary to allow to Biogenesis Srl itself to execute the Orders placed. It should be noted that the Customer can make the purchase even without registering, by entering the shipping and payment information.
3.4.2 The Customer may select one or more Products which he intends to purchase, placing them in a virtual “cart”, the contents of which he will always be able to view before proceeding with forwarding the Order.
3.4.3 By clicking on the “Proceed to purchase” button, the Customer will initiate the order forwarding procedure. During the formulation of the Order and until it is actually forwarded, the Customer will in any case have the possibility of reviewing the data entered by clicking on the “Back” button, so as to identify and correct any incorrect information.
3.4.4 By clicking on the “Complete purchase” button, at the end of the procedure initiated pursuant to the previous section 3.4.3, the Customer will forward the Order to Biogenesis Srl. Each Order forwarded according to these methods must be understood, to all the effects, as a contractual proposal, pursuant to and for the purposes of art. 1326 of the Italian Civil Code, by the Customer. Upon forwarding the Order by the Customer, Biogenesis Srl will promptly confirm confirmation of receipt of the Order by sending an e-mail to the e-mail account communicated by the Customer. By sending this e-mail, Biogenesis Srl will also communicate to the Customer whether the Order can be accepted or not (the Order Confirmation).
3.4.5 The presentation of the Products on the Site constitutes an invitation addressed to the users of the Site to formulate a purchase proposal towards Biogenesis Srl. These invitations to offer are not binding for Biogenesis Srl and, in particular, do not constitute offers to the public pursuant to and by effect of art. 1336 of the Italian Civil Code, remaining, in the full discretion of Biogenesis Srl, any decision regarding the acceptance of any proposals formulated.
3.4.6. Biogenesis Srl will have the right to accept or not the Orders received (as in 3.2) without, in case of non-acceptance, the Customer being able to advance rights or claims against Biogenesis Srl for any reason. In any case, the Order will be considered accepted and consequently the Contract concluded when the Customer receives the Order Confirmation email on his email address, containing the Order Number, to be used in any subsequent communication with Biogenesis Srl. In addition to the information required by law, the message will re-propose all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. Possible increases in expenses caused by errors in the data not reported in a timely manner will be the sole responsibility of the Customer.
3.5 Conclusion of the contract by telephone
3.5.1. The Customer may also purchase the Products by contacting customer service provided that he has previously registered on the Site.
3.5.2. When the conditions set out in paragraph 3.5.1 above are met, the Customer may proceed with placing an Order by contacting customer service at the number indicated on the site, communicating to the operators all the data necessary for its completion (name, surname, email address , billing address and shipping address, if different from the billing address).
3.5.3 The Order will be considered forwarded at the end of the telephone communication and must be understood, also in this case, as a contractual proposal pursuant to and by effect of articles 1326 of the Italian Civil Code. Once the Customer has forwarded the Order, confirmation by Biogenesis Srl will follow, via the Order Confirmation Email of the receipt of the Order itself and its acceptance.
3.5.4 Biogenesis Srl will have the right to accept or not the Orders received (as in 3.2) without, in case of non-acceptance, the Customer being able to advance rights or claims against Biogenesis Srl for any reason. In any case, the Contract will be considered concluded when the Customer will receive the Order Confirmation Email on his/her email address, containing the Order Number, to be used in any subsequent communication with Biogenesis Srl. The In addition to the information required by law, the message will re-propose all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. Possible increases in expenses caused by errors in the data not reported in a timely manner will be the sole responsibility of the Customer.
3.6 Before forwarding any Order, both in the manner established in Section 3.4 and in those established in Section 3.5, the Customer is invited to read these GCS carefully.
4 – Prices and shipping costs
4.1 The sales prices displayed on the website www.bio-genesis.it are to be understood as inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the Products, where this is different from Italy, which will be charged of the Customer.
4.2 Biogenesis Srl reserves the right to change the prices of the products listed on the site at any time. Any price changes will not, however, be effective for customers who have already forwarded the order.
4.3 Shipping costs are indicated and calculated during the conclusion of the order forwarding process and in any case before making the payment.
5 – Methods of payment
5.1 Each payment by the Customer can only be made by means of one of the methods proposed by Biogenesis Srl when completing the order, such as, for example, payment by credit card (Visa, MasterCard, American Express), payment by the protected system “Paypal”, payment with prepaid cards (e.g. Postepay).
5.4 Invoices will also be issued in electronic format.
6 – Method of delivery
6.1 Biogenesis Srl will deliver the products purchased by courier to the address indicated in the order, as confirmed in the Order Confirmation email.
6.2 Biogenesis Srl reserves the right to refuse or not to execute Orders, which provide for the delivery of the relative Products outside the Italian territory, or in the Municipalities of Livigno or Campione d’Italia.
6.3 Biogenesis Srl will make use of carriers selected by Biogenesis Srl and, where the products are marked on the site as available, will ship the items as soon as possible or, in case of payment by bank transfer, within 5 (five) days working days following receipt of payment.
7 – Liability
7.1 Biogenesis Srl will not be responsible for failed or delayed delivery in the event that:
a) despite having provided for the regular and timely purchase of the products to cover the order received, it has not been supplied within the terms and methods agreed with the supplier;
b) is unable to make up for the unavailability of such products, due to circumstances beyond its control
c) has promptly notified the Customer of the unavailability of the products.
In any case where the Customer is a Consumer and this unavailability does not allow delivery to proceed within 30 (thirty) days of placing the Order, Biogenesis Srl will refund the Consumer any payments already made within 30 (thirty) days from the following day to the one in which the Order was placed.
7.2 Biogenesis Srl will not be responsible for delayed or non-delivery due to force majeure such as, for example, strikes, provisions of the Public Authority, fires, floods, damage to machinery not attributable to Biogenesis Srl In any case Biogenesis Srl s.r.l will notify timely to the Customer the occurrence and the disappearance of the causes of force majeure. In the event that the cause of force majeure persists for a period exceeding 30 (thirty) days, each of the parties will have the right to withdraw from the contract. In the event of withdrawal pursuant to this section, the Customer can claim nothing by way of indemnity or compensation, without prejudice to the right to a refund of any amount already paid as a price for the products covered by the order, within 30 (thirty) days from the Order itself.
7.3 In the event of a purchase made by a Consumer, the risk of accidental loss of the Biogenesis Srl Products will remain with Biogenesis Srl until they are delivered to the Consumer or to another person indicated by the latter, regardless of whether the shipment of the same Products whether or not it is insured. In the event of a purchase made by a person other than a Consumer, the risk of accidental loss of the item passes to the Customer with the delivery of the product by Biogenesis Srl to the first carrier.
8 – Right of withdrawal
8.1 The Customer has the right to withdraw without any penalty, specifying the reason, within the term of 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, the term starts from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good.
8.2 To exercise the right of withdrawal, the Customer must contact our customer service by sending an email to email@example.com indicating the order number, the products to be returned, the reason for the return and a telephone number for agree to collect the package.
8.3 If the Customer withdraws from the contract, the payments he made to Biogenesis Srl will be refunded, including the cheapest shipping costs offered by Biogenesis Srl, without undue delay and in any case no later than 14 (fourteen) days from receipt of the returned product. These refunds will be made using the same means of payment used by the Customer for the initial transaction, unless he has expressly agreed otherwise; in any event, he will not incur any costs as a result of such reimbursement. Biogenesis Srl has the right to withhold the refund until it has received the goods or until the Customer has demonstrated that he has returned the goods, depending on which situation occurs first.
8.4 In case of exercise of the right of withdrawal, the Customer returns the goods or delivers them to Biogenesis Srl at via Orvieto 134, 00040 Pomezia (RM), without undue delay and in any case within 14 (fourteen) days from the date on which he communicated to Biogenesis Srl its decision to withdraw from the contract. The direct cost of returning the goods remains the responsibility of the Customer.
8.5 The Customer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. It should be noted, in any case, that the right of withdrawal in favor of the Consumer does not apply to products which, by their nature, are not suitable for being returned or are subject to the risk of rapid deterioration or alteration.
8.6 If the right of withdrawal is exercised, Biogenesis Srl will not be responsible for the transport costs for the return or for any loss or damage to the products attributable to third parties.
8.7 In the event that the Consumer intends to exercise the right of withdrawal, the Biogenesis Srl products must be returned:
– correctly packed in their original packaging, in perfect condition for resale (not ruined, damaged or soiled) and equipped with all possible accessories, instructions for use and documentation;
– equipped with the transport document (present in the original packaging), in order to allow Biogenesis Srl to identify the Consumer (Order number, name, surname and address);
– without obvious signs of use. That is, they must not bear any trace of use and must not be in such a state as to not allow their resale.
If the returned Product does not comply with the provisions of the previous paragraph, the withdrawal will not be effective.
9 – Guarantees and complaints management
9.1. The statutory provisions on guarantees apply to purchases made by Consumers, including, if applicable, the provisions of the Consumer Code on guarantees for Consumers.
9.2 For Products purchased by Professionals, Biogenesis Srl, without prejudice to the mandatory limits of the law, does not issue any guarantee.
9.3. For any request, Biogenesis Srl Srl invites, in any case, the Customer to contact Customer Service, which can be contacted as follows:
with headquarters in via Orvieto, 134 00040 Pomezia (RM) – Italy
11 – Completeness and modification of the General Conditions of Sale
11.1 These General Conditions of Sale consist of all the clauses that compose them.
11.2 If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law or following a decision by a body having jurisdiction, the other provisions will continue to have full force and effect. It is understood that Biogenesis Srl and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the null and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the substance economics of the contract.
11.3 In the event of any modification to these GCS, Biogenesis Srl will promptly publish the modified GCS on the Website. The modified GCS will become an integral part of the new Contracts, starting from the first Order submitted by the Customers, following their publication on the Website. In the case of Orders already forwarded before such communication, the previous version of the GCS will apply.
12 – Law and competent court
12.1 All contractual relations between the parties and these general conditions of contract are governed by Italian law.
12.2 For any and all disputes that may arise in relation to the application, interpretation and execution of these general conditions of sale, the judge of the place of residence or elective domicile of the customer will have jurisdiction if the latter is a consumer. In all other cases the jurisdiction will be with the Court of Rome.
12.3 Furthermore, any disputes can be managed through the new O.d.r. platform. (Online Dispute Resolution), online mediation platform for consumer protection, created by the European Commission. The new mediation system can be reached via the website https://webgate.ec.europa.eu/odr