CONDITIONS OF SALE
Veck S.r.l., having its registered office in Italy, Via Palestro 14 Treviso, Tax ID and registration number with the Chamber of Commerce of Treviso 05116210260 (hereinafter referred to as the “Seller“), is the owner of the registered trademark Bioma and manages the offer and sale via e-commerce of the products present on the website www.biomasport.com (hereinafter referred to as the “Goods” and the “Site” respectively).
The Seller is in charge of the sale of Goods through the Site; therefore, purchases of Goods made through the Site shall entail the conclusion of a contract of sale exclusively between the Seller and the person making the purchase of one or more Goods.
These Conditions of Sale therefore govern the offer and sale of Goods, carried out by the Seller at a distance, via computer network, on the Site.
Article 1: SALES POLICY.
1.1 The Seller offers the Goods for sale on the Site and is in the business of e-commerce, exclusively with customers who are consumers (hereinafter the “Consumer“). A consumer is defined, pursuant to Art. 3 of Legislative Decree. 6 September 2005, no. 206 (hereinafter the “Consumer Code”), the natural person who purchases Goods on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1.2 These Conditions of Sale govern the placing of purchase orders for Goods on the Site by the Consumer, their acceptance by the Seller and the subsequent conclusion of a binding contract for those parties.
1.3 The Seller reserves the discretionary right not to process orders for the purchase of Goods from users who do not qualify as Consumers (such as, for example, traders, wholesalers and retailers, who intend to resell the Goods to third parties) or, in any event, orders that do not comply with its commercial policy and the provisions contained in these Conditions of Sale.
1.4 These Conditions of Sale do not govern the sale of products or the provision of services by third parties other than the Seller, which may be reached via links, banners or other hypertext links on the Site, in respect of which the Seller disclaims any and all liability.
1.5 To purchase Goods on the Site, the Consumer must be of legal age and have the capacity to act.
1.6 The Goods displayed on the Site represent a mere invitation to the Consumer to make a contractual proposal to purchase and do not constitute an offer to the public.
Article 2: CONCLUSION OF THE CONTRACT.
2.1 In order to conclude the contract for the purchase of the Goods desired, the Consumer must fill out the order form in electronic format accessible through the Site (as illustrated below) and send it to the Seller electronically, according to the purchase procedure provided by the Site and following the relative instructions; it being understood, in any event, that the contract shall only be deemed concluded upon receipt by the Consumer of the acceptance subsequently transmitted to him by the Seller pursuant to art. +2.7
2.2 The language available for concluding the contract with the Vendor is Italian as well as English.
2.3 Before concluding the purchase procedure, by submitting the order form on the “Checkout” page of the Site, the Consumer must carefully read and approve (by ticking – by means of a flag – the relevant consent box on the “Checkout” page of the Site) these Terms and Conditions of Sale, the information on the processing of personal data and the information on the right of withdrawal. The “Checkout” page of the site will also provide them with a summary of information on the essential characteristics of each Good ordered, a detailed indication of the price, shipping and delivery costs, shipping and delivery methods, applicable taxes and duties, and means of payment.
2.4 By placing an order, the Consumer declares that they accept the Conditions of Sale, as well as the other conditions and information contained in the Site, even if referred to via links, including the information on the processing of personal data, the information on the right of withdrawal and the conditions of use of the Site.
2.5 The order form shall be filed at the Seller for the time necessary to process orders and in any case, within the terms set by law, and may be consulted by the Consumer by accessing their account.
2.6 The agreement between the Vendor and the Consumer shall be concluded upon receipt by the Consumer of the order confirmation, as sent by the Vendor. To this end, once the Seller has received the order form, it shall check that the same has been duly and correctly completed by the Consumer and, in the event of a positive outcome of the verification, it shall send, by e-mail and without undue delay, to the Consumer’s e-mail address, a receipt for the order, which shall also constitute confirmation of the order forwarded by the Consumer.
2.7 The order receipt shall state the date of receipt of the Consumer’s order and an order number to be used in any further communication with the Seller. The order receipt shall also contain a summary of the data already contained in the order form and, in particular, information on the essential characteristics of the Goods, with details of the price, shipping and delivery charges, taxes and duties, and means of payment.
2.8 After conclusion of the contract, the Vendor shall execute the Consumer’s purchase order. The Consumer’s purchase order shall be processed upon receipt by the Seller of confirmation that the total price (including shipping and delivery charges and taxes and duties) has been charged to the Consumer.
2.9 The Vendor reserves the right, at its sole discretion not to confirm the purchase order of the Consumer (especially when the order form sent is incomplete or incorrect, or when the purchase orders come from countries other than the country selected by the Consumer as his country of residence, or are intended for countries other than that of the Consumer, or are intended for addresses to which the Vendor cannot send, for example, due to the Goods ordered not being approved in accordance with the regulations of the place of destination indicated). In these cases, the Seller shall not send any order receipt, but shall instead send the Consumer a notice by e-mail in which the non-confirmation of the order shall be acknowledged, specifying the reasons for same, and shall immediately refund the amount advanced by the Consumer.
2.10 If, after the forwarding of the order form by the Consumer, the Goods displayed on the Site and ordered by the latter should accidentally become unavailable, the Seller shall send an e-mail to the Consumer (to the e-mail address indicated by the latter) informing him of the unavailability of the Goods and, if the price has been paid, the Seller shall immediately refund the amount advanced by the Consumer, without the contract being deemed to have been executed.
2.11 Any right of the consumer to damages or compensation, as well as any contractual or extra-contractual liability of the seller in the event of non-acceptance, even partial, of an order by the latter is excluded.
Article 3: MODE OF PURCHASE.
3.1 The Consumer may only purchase all and only the Goods displayed in the online shop and viewable on the Site, as described in the respective product sheets, at the time the order form is submitted. The image of the Goods, published on the Site, accompanying the product sheet, is merely indicative and may not be fully representative of the characteristics of the Goods (such as, for example, the colour and size, or the accessory products).
3.2 In order to purchase Goods and conclude the contract with the Seller, the Consumer, after having selected the desired Goods, shall add them to the shopping cart and access the purchase procedure by clicking on the “Checkout” button, as well as follow the instructions for completing in the online order form, entering the data required for this purpose. The Consumer is expressly forbidden to enter false, invented or fictitious data in the purchase procedure and in further communications. The Seller reserves the right to prosecute any violation and abuse in the interest and for the protection of all consumers. Furthermore, the Consumer indemnifies the Seller against any liability arising from the issuance of erroneous tax documents due to errors in the data communicated by the Consumer, the latter being solely responsible for their correct entry.
3.3 In order to proceed with the purchase of the Good(s), the Consumer may, alternatively, enter the data required to fill in the order form from time to time, or register on the Site, by entering the data required in the appropriate form and creating his account (choosing the password and the identification code – user-ID, coinciding with the e-mail address) and then complete the purchase procedure.
3.4 The access data for the Consumer’s account on the Site (i.e., password and identification code) may be changed at any time by the Consumer, following the procedure indicated on the Site for this purpose. The access data for the Consumer’s account on the Site are personal and non-transferable to third parties, must be kept secret and, for security reasons, must not be kept together or recorded on a single document. In the event that the Consumer has forgotten one or both of the access data for their account on the Site, they may contact the Seller.
Article 4: PRICES.
4.1 The Goods are sold at the prices indicated in the product sheet that will appear during the purchase procedure (“checkout”), before the purchase is concluded by submitting the order form.
4.2 The prices of the Goods are expressed and shall be paid in Euro.
4.3 Prices include standard packaging costs, all taxes and duties (including VAT), as well as shipping and delivery costs, which will be calculated automatically according to weight, volume of the purchased Goods and place of delivery.
As mentioned above, before the Consumer concludes the purchase by submitting the order form, a summary of the prices of the Goods loaded in the shopping cart, taxes and duties, and shipping and delivery costs will appear on the “Checkout” page of the Site. This data shall then be automatically reproduced in the order form that the Consumer shall forward to the Seller, as well as in the subsequent order receipt that the Seller shall forward to the Consumer.
4.4 The Consumer shall pay the total price stated in the order form, which shall also be stated in the order receipt that the Seller shall send to the Consumer as confirmation of the order.
4.5 If the Goods are to be delivered to a country outside the European Union, the total price indicated in the order form and reiterated in the order receipt, inclusive of taxes and indirect taxes (where applicable), shall be deemed to be net of any customs duties, customs clearance charges and any additional sales tax or duty that the Consumer is required to pay, in addition to the total price due, under the law of the country to which the Goods are to be delivered. It will therefore be the Consumer’s responsibility – under their sole responsibility – to inquire at the competent bodies in their own country or in the country of destination of the Goods in order to obtain details of any duties, taxes and levies applicable to the sale in addition to the total price due.
Article 5: ACCOUNTING DOCUMENTATION AND DELIVERY.
5.1 For each order processed, the Seller shall promptly transmit the tax receipt or invoice for the purchased Goods to the Consumer.
5.2 For the purpose of issuing the tax receipt, the data and information provided by the Consumer when submitting the order form shall be authoritative. After issue, it will not be possible to change the tax receipt.
5.3 Delivery of the Goods purchased by the Consumer shall be made by the Seller – where possible – by means of a specially appointed courier, to the address indicated by the Consumer when submitting the order form.
5.4 The delivery terms shall be those indicated in the purchase order confirmation, without, however, this being binding on the Seller and subject to the occurrence of any force majeure. The Seller shall not be liable for any delays in the delivery of Products attributable to the shipper.
5.5 If the purchaser is absent at the time of delivery, they will be notified by text message or e-mail and the purchaser will have the option of requesting a second delivery attempt via the forwarding agent or requesting delivery at a stop-point or requesting a stop-over at the forwarding agent’s local office.
5.6 The Consumer may check the status of the shipment directly from the courier’s site, thanks to the references that will be communicated at the same time as the notice of dispatch of the Goods. The Consumer may be contacted by telephone by the courier for delivery purposes.
5.7 Upon delivery of the Products, the Customer is obliged to check that the packaging is intact, undamaged and/or wet or, in any case, altered even in the closing materials. Any damage must be immediately reported to the delivering courier. Once the courier’s document has been signed, the Customer may not object in any way to the external characteristics of the delivered goods.
Any mismatch between the goods ordered and those delivered must be promptly notified via the “Contact” form on the website, stating the reason and giving details of the reason.
Article 6: PAYMENT METHODS.
6.1 The Consumer may make payment by one of the methods provided for on the Site (i.e. by credit card and Paypal circuit). No higher charges than those incurred by the Seller in connection with the use of the payment instruments chosen by the Consumer shall be charged to the Consumer.
6.2 If payment is made by credit card, the bank of reference shall debit the amount of the purchase order submitted by the Consumer.
6.3 Credit card data sent during the placing of Orders are protected and are sent directly to the Payment Service Provider handling the payments. Credit card data cannot be accessed by Veck S.r.l. or third parties, neither at the time of placing the Order nor thereafter.
Article 7: RIGHT OF WITHDRAWAL.
7.1 The Consumer is entitled to withdraw from the contract concluded with the Seller, without having to provide any reasons and without incurring any costs, within a period of fourteen (14) days from the date on which the Consumer, or a third party other than the carrier and designated by the Consumer, materially receives the Goods (and, in the case of orders for multiple Goods that are delivered separately, within 14 days from the date on which the last of such Goods is materially received).
7.2 In order to exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract, either by following the online procedure, or by submitting any other explicit declaration (withdrawal notice) of the decision to withdraw from the contract (e.g. by registered letter with acknowledgement of receipt, fax or e-mail to customercare@biomasport.com).
7.3 The online withdrawal procedure or notice of withdrawal shall be completed/sent to the Seller before the expiry of the aforementioned withdrawal period of fourteen (14) days. The Consumer may send the notice of withdrawal, duly completed, to the Seller’s contact details indicated in the contact section. If the Consumer follows the online withdrawal procedure, the Seller shall send the Consumer, on a durable medium (by e-mail), an acknowledgement of receipt of the exercised withdrawal.
7.4 In order to properly exercise the right of withdrawal, in addition to promptly informing the Seller of the decision to withdraw, the Consumer shall
(i) return the Goods to the Seller or to a third party authorised by the latter, without undue delay and in any event within fourteen (14) days from the date on which they informed the Seller of their decision to withdraw from the Contract; the deadline shall be met if the Consumer returns the Goods before the expiry of the fourteen (14) day period referred to above.
(ii) the returned Goods must not have been used, worn or washed, or damaged;
(iii) the Goods must be returned with the identification tag still attached and intact;
(iv) the Goods must be returned in their entirety, together with all accessories and any spare parts;
(v) the Goods must be returned in the original packaging (including any documentation contained therein) in which they were delivered (unless opened).
7.5 The Consumer may manipulate the Goods in order to establish their nature, characteristics and functioning, but is liable for any reduction in the value of the Goods resulting from manipulation other than that necessary for this purpose.
7.6 In the case of prize-winning campaigns or combined promotional sales, in which the purchase of one Good is associated with another Good that is given as a gift or sold at a discounted price, in order to properly exercise the right of withdrawal, the Consumer shall return both purchased Goods.
7.7 The Consumer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost in accordance with the returns procedure. In the event that the Consumer has taken advantage of favourable conditions regarding shipping costs (e.g. Free Shipping or similar) when purchasing the Goods, the Consumer may not claim the same service for the return of the Goods subject to withdrawal, but must return the Goods in accordance with the routine procedure.
7.8 The Consumer may choose, at their discretion, the courier or postal service by which the return is to be made. It is recommended to use a service that also offers tracking so that the correct receipt of the Goods by the Seller can be verified.
7.9 The Seller shall reimburse all payments made to it by the Consumer, including, where applicable, delivery and shipping costs incurred by the Consumer (excluding, however, additional costs if the Consumer has chosen a type of delivery other than the least expensive type offered by the Seller).
7.10 The Vendor shall provide reimbursement without undue delay and in any event within fourteen (14) days from the date on which it is informed of the Consumer’s decision to withdraw from the contract.
7.11 The Seller shall make the refund using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to the use of a different means of payment and provided that the Consumer does not incur any costs as a consequence of the refund. The Seller may withhold the refund until it has received the Goods, or until the Consumer has proved that they have returned the Goods, whichever is sooner.
7.12 In the event that there is no correspondence between the recipient of the Goods indicated in the order form and the person who made the payment for their purchase, the refund, in the event of exercise of the right of withdrawal, shall be made by the Seller, in any event, to the person who made the payment.
Article 8: GUARANTEE OF CONFORMITY.
8.1 Goods are offered for sale on the Site under the trademarks of which Veck srl is the owner.
8.2 The Seller does not sell second-hand, irregular or substandard goods.
8.3 The essential characteristics of the Goods are indicated and described on the Site, in each product sheet; the images and colours of the Goods may not coincide with the real ones, due to the Internet browser or screen used.
8.4 Notwithstanding the provisions of Art. 3.1, the Seller warrants to the Consumer that the Goods shall conform to the descriptions and characteristics indicated on the Site and, in any event, be free of non-conformity defects. Pursuant to Art. 129 of the Consumer Code, a good presents a conformity defect if it is not suitable for the use for which a product of the same type is normally used, or if it does not conform to the Seller’s description in terms of quality or performance, or if it does not present the quality and performance usual for a product of the same type, which the consumer can reasonably expect taking into account the nature of the good itself.
8.5 In the event that the purchased Goods present conformity defects, the Consumer shall be entitled to have the conformity of the Goods restored – without charge and within a reasonable period of time, and without causing significant inconvenience to the Consumer – by repairing or replacing the Goods, unless the remedy requested is impossible or excessively expensive compared to the other. If replacement or repair is not possible, or if the Seller fails to replace or repair the Goods within a reasonable period of time, or if the replacement or repair of the Goods by the Seller has caused considerable inconvenience to the Consumer, the latter may, at their discretion, demand a reasonable reduction in price or termination of the contract. In determining the amount of the price reduction or the amount to be returned to the Consumer, the use of the Goods shall be taken into account.
8.6 The guarantee is, however, excluded in the event of non-conformities caused by carelessness or negligence on the part of the Consumer in the use or maintenance of the Goods, and/or use or washing of the Goods in a manner that does not comply with the instructions and warnings provided by the Seller and/or the manufacturer in this respect, set out in the illustrative reference documentation, tags or labels.
8.7 The Seller shall be liable for a lack of conformity when the same becomes apparent within a period of two (2) years from the date of delivery of the Goods.
8.8 The non-conformity of the Goods (including non-conformity of the Goods dependent on and/or resulting from damage due to transport) must be reported by the Consumer to the Seller, under penalty of forfeiture, within and no later than two (2) months from the date on which the defect was discovered.
8.9 Non-conformity defects may be reported by the Consumer to the Seller, by sending the latter, to the e-mail address customercare@biomasport.com, or to the addresses indicated in the contact section, the relevant communication, indicating the non-conformity defect found, as well as the order receipt sent by the Seller and/or the tax receipt. The Vendor may also require the Consumer to send (e.g. by e-mail) photographic documentation in support of the reported non-conformity. The Goods shall be returned to the Seller, following the instructions given to the Consumer for this purpose.
8.10 On receipt of the Consumer’s complaint, the Vendor shall assess the reported non-conformities. If, following verification by the Seller, the defect reported by the Consumer does not exist, the Seller reserves the right to charge the Consumer for the costs of verification as well as for the transport costs incurred. The Consumer may choose to return – at their own expense – the purchased Goods. Should the Consumer refuse the shipment, the Seller reserves the right to retain the Goods and the corresponding amount for the purchase of the same.
Article 9: RESPONSIBILITY.
9.1 The Seller shall not be liable for non-delivery or delay in delivery of the Goods purchased by the Consumer, when this is due to force majeure, such as, for example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other similar events that prevent the performance of the contract by the Seller, in whole or in part.
9.2 The Seller shall not be liable for malfunctions related to the Site that are beyond the Seller’s control.
Article 10: PRIVACY.
10.1 In compliance with the provisions of EU Regulation 2016/679 of 27 April 2016 (GDPR) and Legislative Decree. 30 June 2003, no. 196 (Privacy Code) and subsequent amendments and additions, we inform the Consumer that the personal data that will be provided, will be collected and processed by the Seller – i.e., Veck srl as data controller.
10.2 The data are processed for commercial purposes, related to sales and after-sales activities and, in particular, to meet pre-contractual requirements, to conclude contracts, to fulfil contractual obligations (relating to the purchase and supply of Goods) and to receive payments, to fulfil legal obligations, including accounting and tax obligations, to manage customers, and to manage related service providers and employees. Processing is necessary for the execution of consumer contracts, pursuant to Art. 6(1)(b) of the GDPR and to ensure compliance with legal obligations, pursuant to Art. 6(1)(c) of the GDPR and is also based on the consent of the Consumers themselves, pursuant to Art. 6(1)(a) of the GDPR and also on the legitimate interest of the Seller, pursuant to Art. 6(1)(f) of the GDPR, to the marketing of the Goods, as well as to the conclusion of contracts with Consumers and to facilitate the registration on the Consumers’ Site as possible customers, through the creation and management of the relevant accounts. The provision of data is a necessary requirement for the conclusion and execution of contracts for the purchase of Goods on the Site or for the fulfilment of legal obligations. The Consumer is free to provide data or not; however, any refusal to provide data or the provision of incorrect data shall jeopardise the possibility of finalising and executing the contracts and/or prevent the fulfilment of legal obligations. The e-mail address provided by the Consumer in the context of a previous sale may be used to send, pursuant to Art. 130(4) of Legislative Decree No. 30 June 2003, no. 196, communications of a commercial and promotional nature, concerning products similar to those already purchased on the Site, without prejudice to the Consumer’s right to refuse such use of their email address, from the outset or on the occasion of any subsequent communication, by expressing (at any time and free of charge) their objection to such processing, by clicking on the “Unsubscribe” button at the bottom of each email, or by sending a specific request to that effect to the Seller’s contact details indicated in the section dedicated to contacts.
10.3 Data shall be processed primarily in electronic and automated form, as well as, in certain cases, also manually in paper form, in accordance with the provisions of the applicable law, also with regard to the security measures provided for in Art. 32 GDPR.
10.4 Data are accessible to the staff expressly authorised to process same and may be communicated to third parties, service providers, such as, for example, carriers and forwarding agents, consultants and professionals, banks and insurance companies, debt collection and credit transfer companies, suppliers and managers of IT services, who will act, depending on the case and/or by virtue of existing agreements, as data processors (on the basis of the instructions provided) or as autonomous data controllers. Only data necessary for the performance of the services provided by them will be disclosed to such third parties. Some of the third parties to whom data may be transferred (such as, for example, carriers and forwarding agents, as well as operators and providers of IT and logistics services) may be located in states outside the European Economic Area. In this case, the transfer of data will take place in accordance with the provisions of current legislation and, in particular, to third parties located in countries that guarantee an adequate level of protection, as identified by the European Commission. In the event third parties are located in countries that do not guarantee a suitable level of protection, pursuant to the standards set by the European Commission, the transfer may only occur in compliance with current Consumer laws, or in case the transfer is necessary for the performance of a contract, or following the adoption of suitable measures to guarantee the protection of the data being transferred (in particular, contractual agreements based on the standard data protection clauses drawn up by the European Commission), without prejudice to the Consumers’ right to be informed and to have a copy of the guarantees adopted, by making a request to the Seller’s contact details indicated in the section dedicated to contacts. Personal data may also be disclosed to public bodies, such as law enforcement agencies and judicial authorities for the purposes, in the cases and within the limits provided for by current legislation. Personal data will not be disseminated under any circumstances. In the event that the Data Controllers have to process the personal data of third parties, conferred to them by the Consumers (as is the case, for example, when a Consumer purchases products on the Site, indicating a third party as the addressee, or when a Consumer informs another party of products on sale on the Site), the Consumers are required to obtain the prior consent of the third parties concerned and acknowledge that such operation represents a processing of personal data in respect of which they assume the capacity of autonomous data controllers. In such cases, the Seller shall, as far as is practically possible, provide information on the processing of personal data (including an indication of the source from which the personal data originates, as well as the categories of personal data concerned) to the third parties indicated by the Consumers and request, where necessary, the relevant consent.
10.5 Data shall be kept for as long as is strictly necessary and sufficient to pursue the purposes for which they were collected.
10.6 The Consumer has the right to ask the Seller for access to their personal data and the rectification or erasure of personal data concerning them, the restriction of the processing of personal data concerning them or to object to the processing of same, as well as the right to data portability. The Consumer also has the right to withdraw consent to processing at any time (without prejudice to the lawfulness of the processing based on consent given before the withdrawal), as well as to lodge a complaint with the supervisory authority and not to be subject to automated decision-making.
10.7 For any further information or clarification on the processing of personal data, as well as to exercise his or her rights, the Consumer may contact the Seller at the following addresses:
– by post (by registered letter with return receipt) to the address Veck srl Via Palestro 14 31100 Treviso
– by e-mail, to info@biomasport.com
– by telephone on +39 _________
Article 11: INFORMATION, COMPLAINTS AND CONTACTS.
11.1 For any information and clarification on the Goods displayed on the Site, as well as on the purchase by the Consumer or the sale by the Seller or to make a complaint, the Consumer may contact the Customer Service. The Consumer may, in any case, contact the Seller at the following addresses:
– by post (by registered letter with return receipt) to the address Veck srl Via Palestro 14 31100 Treviso
– by email, to the addresses info@biomasport.com; customercare@biomasport.com
– by telephone on +39 _________
Article 12: APPLICABLE LAW, CONCILIATION AND JURISDICTION.
For anything not provided for in the conditions of sale, Italian law applies.
The parties may resolve disputes relating to the sale of Products on the Site by recourse to an out-of-court procedure through the European Online Dispute Resolution Platform available at the following link http://ec.europa.eu/odr. Bioma’s e-mail address for the purposes of this online dispute resolution procedure and for any communication isinfo@biomasport.com.
In the event that the parties are unable to settle the dispute through the online procedure referred to in the preceding paragraph, the Court of Treviso shall have jurisdiction.
Article 13: EDITING AND UPDATING.
13.1 The Vendor reserves the right to supplement and amend the Terms and Conditions of Sale, also in accordance with any regulatory changes. The changes will be effective from the date of publication on the Site.
