GENERAL CONDITIONS OF SALES

Nextsense S.r.l. (hereinafter “Company”), P.I. 05403770653, with headquarters in Salerno at Piazza Umberto I, 1 – 84121, company registration number 05403770653 n.REA SA- 443122, is the Company that intends to sell “products” on the website shop.biovitae.it (hereinafter “Portal”) through Internet sales.

CONTACTS TO REFER TO FOR COMMUNICATION

Nextsense S.r.l.

Email: assistenza@biovitae.it

Telephone: 06.69322721

Fiscal address: Via della Rotonda, 36 – 00186 Rome

1. Definitions

– the term “Consumer” shall mean the buyer of the “Products” who holds the status of consumer, meaning the natural person who makes the purchase for purposes not related to any commercial or professional activity carried out, whether or not registered on the Portal (Guest user);

– the term “Professional” shall mean the natural or legal person who makes the purchase for purposes related to any commercial or professional activity carried out either or not registered on the Portal (Guest user);

– the term “Client” shall mean indifferently the Consumer / Professional who intends to purchase through the Portal;

– the term “Products” shall mean all products and / or goods, and / or services marketed by the Company on the Portal and forming part of its assortment whose essential characteristics, including prices, are present within each product sheet;

– the term “Purchase Order” shall mean the express will of the customer to proceed with the purchase of the product;

– the term “Purchase Product” shall mean the purchase order with delivery of the Products in the days following the transmission of the purchase order;

– the term “Product Delivery” shall mean the purchase order with delivery of the Products to the address indicated by the Customer at the time of registration or confirmation of the purchase order.

2. Purpose – effects

The General Conditions are an integral part of any proposal, purchase order and purchase order confirmation of the Products marketed by the Company in force on the date of the relevant order.

The General Conditions concern the sale to a Consumer and / or Professional (Customer), as specified above.

3. Conclusion of the contract

All contracts are concluded exclusively with the Customer accessing the Portal, after registration or if the Customer does not intend to register, upon release of all the required data, using remote communication technology through the Internet.

All purchase orders sent to the Company must be completed exactly in their entirety and must contain the elements necessary for the exact identification of the Products ordered, the Customer and the place of delivery of the Products.

The purchase order sent to the Company through the Portal qualifies as the Customer’s contractual proposal expressed online.

The purchase order sent to the Company will be followed by a summary email “ORDER SUMMARY” sent to the Customer’s address. The Communication does not constitute acceptance of the order but has a purely summary purpose of the order executed.

Only the subsequent “order confirmation” by the Company sent to the Customer at the e-mail address indicated by him confirms the order data and is valid as acceptance of the contract proposal.

The contract is concluded and is binding for both parties when the purchase order confirmation is sent to the customer.

The Company reserves the right not to accept orders that are incomplete or not properly completed and, in this case reserves the right to carry out the necessary checks.

The Company reserves the right to refuse the purchase proposal inaccurate personal data; previous non-fulfillment in any capacity against the Company, subjecting to bankruptcy procedures, lack of availability of the Products – for any reason – in the warehouses and in any other case incompatible with the economic interests and company policies. Since the online sales system of the Portal is fully computerized and automated, it is possible that errors may occur in the affixing of prices and discounts on products. In this case, the Company will notify the Customer before confirming the order to allow for any cancellation / modification. 

4. Shipping and delivery times and methods

The Company will deliver the Products to the Customer, selected and ordered in the manner referred to in the previous article by means of trusted couriers and / or shippers.

Products are delivered to the address indicated by the Customer during the purchase phase in the manner indicated in the order form. Personal data and the delivery address of the Products may be checked by the Company without prior notice. We do not accept shipments to post office boxes. Shipments can only be made in Italy.

In all cases, delivery times are on average forty-eight / seventy-two working hours and in all cases, they do not exceed fifteen working days from the day following that of the transmission of the “order confirmation” communication and / or from payment of the price if made with methods not contextual to the purchase (e.g. bank transfer, etc.).

Delivery costs of the Products are charged to the Customer, unless otherwise indicated and will be each time on the Portal during the purchase phases.
Delivery terms and conditions other than those provided for in the General Conditions must be agreed in advance between the Customer and the Company and accepted in writing by the latter.

Upon delivery of the Products by the courier to the address described above, the Customer undertakes to check the integrity of the package that is delivered and the correspondence of the number of pieces with respect to what is indicated in the transport document. The Customer is aware that if the package is altered, he will have to refuse delivery with the express indication of “Package tampered with”. The Customer is aware that any damage to the package or to the Products or the mismatch in the number of pieces must be immediately notified by means of a written “reserve of control” on the courier’s proof of delivery, under penalty of forfeiture of the right to raise subsequent disputes to the adequacy, integrity and completeness of the delivered package.

5. Prices and billing

All sales prices of the Products indicated on the Portal are expressed in Euros.

Unless otherwise indicated, the prices of the Products include VAT and all other taxes.

The prices of the individual Products indicated on the Portal from time to time, cancel and replace the previous ones.

The prices applied are those indicated on the Portal at the time of the purchase order by the Customer.

The tax documentation (invoice and / or delivery note) is issued by the Company and simultaneously signed by the Customer at the time of delivery of the products. In order to comply with administrative and bureaucratic duties, when communicating personal data on the Portal, the Customer is obliged to enter a landline number or mobile telephone number where they can be reached. 

6. Characteristics and availability of products

The Products are not provided on a trial basis. The Customer is responsible for choosing the Products ordered and for their compliance with their needs.

In case of unavailability of one or more Products, the Company proceeds to deliver the other Products ordered by the Customer; in this case, the partial delivery of the ordered Products is considered valid and does not give the Customer the right to refuse delivery nor to any compensation or indemnity of any kind.

Any amounts paid for unavailable products will be refunded and / or exchanged for vouchers at the request of the Customer.

7. Responsibility of the company

The Company assumes no responsibility for disservices attributable to force majeure of any nature and kind if it fails to execute the contract within the time agreed. Causes of force majeure, by way of example and not limited to, are the provisions of the Public Authority, strikes by its employees or the carriers of which the Company uses, as well as any other circumstance that is beyond the control of the latter.

8. Obligations of the consumer and the professional (customer)

Once the online purchase procedure has been completed, the Customer undertakes to print and keep these General Conditions.

The information contained in the General Conditions must be viewed and accepted before sending the purchase order. Acceptance takes place by marking the appropriate space on the Portal. Failure to do this means the order cannot be executed.

In case the Customer is absent, twice in a row, in the place and at the time of Delivery of the Product, the Company reserves the right to request reimbursement of the expenses incurred for resending the package.

9. Consumer right of withdrawal

Pursuant to current legislation for the protection of consumers, only and exclusively the Consumer who for any reason is not satisfied with the purchase made has the right to withdraw from the stipulated contract and to return the Products delivered without penalty and without specifying the reason.

The right of withdrawal may be exercised by the Consumer, under penalty of forfeiture, within fourteen days of receipt of the products.

The right of withdrawal is exercised by sending, within the terms indicated above, a written communication to the Company’s registered office by registered letter with acknowledgment of receipt. The communication can be sent without fail, within the same term, also by e-mail to info@biovitae.it or through a specific online form.

After having communicated the desire to return the products, the Consumer will have fourteen days available for the return, without delay, of the products purchased through the trusted courier indicated by the Company. In this case the return costs are borne by the Company. In the event that the return is made by the Consumer in different ways, all shipping and delivery costs are at his expense, unless otherwise agreed.

The reimbursement of the amounts paid for the purchase in favor of the Consumer is free and is carried out as quickly as possible, and in any case within fourteen days from the date on which the Company becomes aware of the intention to withdraw and / or in possession of the Products after verifying their integrity in all their parts, non-use and return in the original packaging.

In order for the right of withdrawal to be exercised, the consumer must place the products as they were received inside the package (packaging) sent by the Company.

It is not possible to exercise the right of withdrawal for sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection and were opened after delivery, and for those indicated in art. 59 of the Consumer Code.

10.  Terms of payment

The Customer can pay for the Products ordered using the methods indicated each time when completing the order form and which the Customer will confirm at the end of the order procedure.

11.  Product warranties

The Company guarantees that the Products delivered are those presented on the Portal, the material integrity of the packaging of the Products at the time of delivery, as well as the right of withdrawal for the Consumer.

Any defects and faults must be reported by the Customer, under penalty of forfeiture, no later than 24 hours after discovery; the Customer has the right to request and obtain the withdrawal and replacement only of the products that are actually damaged, being excluded the right of the Consumer / Professional to compensation for any damage caused by the condition of the defective product.

The user, consumer or professional, in the event of a return due to product defects and faults, must complete a specific form in which to accurately indicate the defects and faults of the product. The costs for the return and replacement / repair of the Product in this case are borne by the Company which, after verifying the presence of defects, will, where possible, repair or replace the products. 

12.  Disputes

Any dispute relating to the application, execution, interpretation and violation of the contract entered into online by the Customer with the Company is subject to Italian jurisdiction.

For any dispute between the parties in this regard, the Court of the place of residence or domicile of the Consumer is competent, if located in the Italian territory.
If the Consumer’s domicile or residence is not within the Italian territory, the competent court is that of execution of the contract.

Any dispute relating to the application, execution, interpretation and violation of the contract stipulated online by the Professional with the Company, is subject to Italian jurisdiction and the court of Salerno is competent.

13.  Applicable law and reference

Contracts entered into online with the Company on the Portal are governed by Italian law.

Although not expressly provided for, the laws applicable to the relationships and cases provided for in the contract stipulated online by the Consumer and / or Professional with the Company are valid.