1. INTRODUCTION
This document, (and the documents mentioned therein), sets out the terms governing the use of this website (www.biogesandco.com) and the purchase of the items presented therein (hereinafter, “Terms”). We invite you to carefully read these Terms, the Cookies and Personal Data Protection Policies (hereinafter, jointly “Data Protection Policies”) before using this website. We inform you that the use of, or placement of orders through this website implies acceptance of said Terms and Data Protection Policies and, therefore, in the event you do not agree to all the aforementioned Terms and Data Protection Policies, you are kindly requested to refrain from using this website. If you have any requests, doubts or questions regarding the Terms and Data Protection Policies, we invite you to contact us using the contact form. The Contract (as defined below) may, at your request, be drawn up in any of the languages in which the Terms are available on this website.
2. OUR DATA
The sale of products via this website is managed by Bioges & co. S.r.l., with registered office in San Salvatore Telesino, contrada selva di sotto snc, Tax Code and VAT No. 01738500626, Italian Business Registry No. MI-144485, telephone number +393270462757, and email address info@biogesandco.com; the contact details are available in the “contact” section of the website www.biogesandco.com
3. YOUR DATA AND ACCESS TO OUR WEBSITE
The information or personal data provided by the user shall be processed in accordance with the provisions of the Data Protection Policies. By using this website, you authorise us to process said information and personal data and hereby declare that all information and/or personal data provided to us is accurate and true.
CONTRACT
1. SUBJECT
The scope of these General Terms is the purchase of products and services made remotely over the internet on the website www.biogesandco.com, belonging to Bioges & co. s.r.l., Tax Code and VAT No.
01738500626, Economic & Administrative Index BN-144485, with registered office in contrada selva di sotto Z.I. snc, 82030 San Salvatore Telesino (BN), hereinafter, Bioges & co. .
Said purchases are reserved for Customers who are direct users, excluding persons such as traders, wholesalers, dealers, professionals, etc., who intend to resell the relative products to third parties. Therefore, each Customer may purchase no more than No. 10 pieces of the same product and, in any case, no more than No. 20 products per order. For larger quantities, please send an email to the following address info@biogesandco.com .
Each purchase transaction shall be regulated by the provisions set out in Legislative Decree 206/2005 as amended by Legislative Decree 21/2014. Personal data provided by the user shall be processed in accordance with the regulations governed by Legislative Decree 196/2003 as amended by Legislative Decree 101 of 10 August 2018 (hereinafter, “Privacy Code”) and art. 13 of Regulation (EU) 2016/679 (hereinafter, “GDPR 2016/679”), setting out the provisions for the protection of persons and other parties with regard to the processing of personal data.
2. USE OF OUR WEBSITE
By using and/or placing orders through this website, you accept to:
– use the website to make or place legally compliant consultations or orders; not to place false or fraudulent orders. If we have plausible grounds to believe that an order of this type has been placed, we shall be authorised to cancel it and notify the competent authorities;
– provide us with your email address, postal address and/or other contact data truthfully and correctly. Likewise, you agree to the use, on our part, of this information to contact you (if necessary, please see the Personal Data Protection Policy).
– Should you fail to provide all the required information, we will be unable to process your order. In placing an order through this website, you warrant that you are of legal age (18 years and older) and have the legal capacity to enter into binding contracts.
3. PURCHASE WARRANTY
The prices, description and availability of the Products are specified in the relative sections of this Website are subject to change without notice. Although the Products on this Website are presented as accurately as technically possible, their representation on this Website through any means (including, depending on the circumstances, graphics, images, colours and sounds) is to be understood as merely illustrative and does not constitute any guarantee regarding the intrinsic characteristics of the purchased Product. The characteristics of the selected Product shall be specified during the purchase procedure. Special offers, promotions and discounts shall be valid until the date indicated or while stocks last. Bioges & co. s.r.l. also endeavours to ensure that the information presented on the website is complete, truthful and correct. In the event of erroneous information, Bioges & co. s.r.l. shall have it immediately corrected.
4. RESPONSIBILITY
Bioges & co. s.r.l. disclaims all liability in the following cases:
-for disservices attributable to force majeure, including, for example but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the fulfilment of the contract within the agreed time frames.
-towards any party or third party for damages, losses and costs incurred due to non-fulfilment of the contract for the aforementioned reasons, the customer being entitled only to a refund of the price paid.
-Bioges & co. s.r.l. shall not be liable for any fraudulent and illicit third-party use of credit cards, cheques or other forms of payment when paying for the purchased products. Bioges & co. s.r.l. is never made aware of the customer’s credit card details during the purchase procedure since the information is sent directly to the bank service provider through a secure connection.
Although the products on this Website are presented as accurately as technically possible, their representation on this Website through any means (including, depending on the circumstances, graphics, images, colours and sounds) is to be understood as merely illustrative and does not constitute any guarantee regarding the intrinsic characteristics of the purchased Product.
5. YOUR OBLIGATIONS AS A CUSTOMER
-We remind you that products cannot be purchased on the website www.biogesandco.com for commercial purposes. Bioges & co. s.r.l. reserves the right to refuse the order in the event non-private use of the purchase is suspected.
– It is strictly prohibited for underage persons (anybody under the age of 18 years) to place orders on the website www.biogesandco.com. The data entered during the purchase procedure must be strictly true and belong to the individual making the purchase, rather than third-party or made-up information. Bioges & co. s.r.l. reserves the right to prosecute all incidents of violation and abuse in the interest of consumer protection. Bioges & co. s.r.l. disclaims all liability arising from the issuance of erroneous tax documents as a result of incorrect information submitted by the customer. The customer is solely responsible for the correct entry of said information.
4. PURCHASE PROCEDURE
The website www.biogesandco.com is intended for the online sale of fertilisers for fruit and vegetable gardens. The product availability is always indicated on the product details page. The products, the availability of which is illustrated and described online in the relative technical and descriptive data sheets, are purchased by the Customer at the price indicated therein. The product prices are indicated in EUROs and include VAT. The sale prices indicated on the website may be modified by Bioges & co. s.r.l. at any time and without prior notice. The product prices published from time to time cancel and replace those previously published and are subject to the effective availability of the products. In order to make the purchase, the user’s personal data is required, which shall be saved in our database in order to process the order and facilitate future purchases through the website. The personal data provided by users shall
be processed in compliance with the regulations outlined in section 1 of this contract. The user may, at any time, access the personal data they have submitted, as well as information relating to the orders placed. Bioges & co. s.r.l. informs users that their personal information must be entered correctly to avoid confusion or problems with the delivery of the purchased item(s). Before confirming the order, the unit cost of each selected product, and the total cost if multiple products are purchased, shall be summarised for the Customer. The indicated price also includes transport costs. Delivery is free only in the countries indicated in section 6 of this contract. Once the purchase order is complete and before the order is sent, a summary will be displayed with the total price (inclusive of transport and taxes) and details of each product, as well as the order shipping data, allowing the user to check its accuracy before clicking on “Confirm payment”. Once the order has been sent over the internet, upon completion of the procedure, the Customer will receive an email message within 48 hours indicating:
a) the order number;
b) the description and price of the purchased product;
c) the order date;
The tax documentation relating to the ordered products shall be issued by Bioges & co. s.r.l. when the products are dispatched to the Customer.
4.1 RIGHT NOT TO ACCEPT AN ORDER
Bioges & co. may cancel an order at any time or not accept a confirmed order for the following reasons:
– in the event of a technical error and/or publication error in the prices or other data relating to the products on the website at the time of the order
– due to non-availability of the product
– if the security systems indicate that it may be a fraudulent order.
– if there are reasons to suspect the user is a minor
– the data entered by the customer is not correct
– in the event Bioges & co. s.r.l. is unable to deliver the order to the indicated address.
Bioges & co. s.r.l. shall, in these cases, refund the paid amount in full.
5. PAYMENT METHODS
Purchases can be paid by credit or debit card (Visa, Visa Electron, MasterCard and American Express) or via PayPal. Payment methods other than those specifically provided for by these terms of sale are not permitted. In the case of payments by credit or debit card, the charge shall be made online, that is, in real time via the payment platform of the relevant banking institution after having verified the accuracy of the data entered by the user. Once the transaction has been confirmed, the order number shall be communicated via the website, allowing the possibility to check the order status at any time from one’s PC. An automatic order confirmation message will also be sent to the email address entered by the user, containing a description of the order and the customer’s personal details, serving as confirmation of receipt. Failure to receive such a message may be due to a transient network communication problem or an error made by the user when entering their email address. In both cases, Bioges & co. s.r.l. advises the user to contact the Customer Service Centre. The user will also be informed via email when their order is sent.
6. SHIPPING
Items purchased through this website can be delivered to the following European countries: Austria, Germany, Belgium, the Czech Republic, France, Luxembourg, the Netherlands, Poland, Denmark, North Macedonia, Spain, Hungary, Portugal, Slovakia, Bulgaria, Greece, Estonia, Croatia, Lithuania, Latvia, Romania, Sweden, and Slovenia. The shipping fee for these destinations is €15.00.
Shipments to the United Kingdom, Liechtenstein, Serbia, Cyprus, Finland, Ireland, Malta, Norway, Turkey, and Corsica are available only upon prior quotation.
In particular, the cost of shipping to these countries shall be calculated based on:
– the place of departure of the goods
– the place of delivery of the goods
– the dimensions expressed in cm of the packaged goods (side x side x side)
– the type of product to be purchased
– the gross and net weight (of each single product)
In case of force majeure or unforeseeable circumstances, Bioges & co. s.r.l. shall not be liable towards the Customer for any delays or non-delivery and shall have the right to suspend or postpone the fulfilment of the contract. The shipped products are packed in cardboard boxes of different sizes, sealed at the top and bottom with Bioges personalised tape.
7 DELIVERY METHODS and CHECKING THE ORDER STATUS
Shipping is entrusted to an international courier. When your order leaves our warehouse, we will send you an email with the tracking code allowing the identification and tracking of the goods in transit and personalisation of delivery. The courier shall make a first delivery attempt for each shipment. In case of absence, the recipient may book and personalise a second delivery attempt by clicking on the link received via email. If the recipient is absent again, the goods will be stored in a parcel shop or at a GLS logistics centre in the local territory. In this case, the recipient must arrange for collection of the goods from the logistics centre in the local territory.
7.1 The items received are not the right ones or are defective
If you receive an item that is defective or different from the one you ordered, we will refund the item in question as soon as we receive it in our warehouse and inspect its condition. To return the item, you will need to complete the return form that can be downloaded from the “my orders” section in “my account”. Bioges & co. is not liable to the customer if the product in the package returned by the customer is incorrect. However, if the customer has mistakenly sent a product other than the one in the order, it shall be the customer’s responsibility to arrange for its collection and to bear the related costs.
7.2 I did not receive all the items I purchased
Check your email to see whether you received a message informing you that one of the items in your order is no longer available. In this case, you will be reimbursed for the value of the item in question using the same payment method used at the time of purchase. If you have not received an email message, contact the Customer Service Centre and we will get back to you as soon as possible.
8. RIGHT OF WITHDRAWAL BY THE USER
The Customer has the right to cancel the order within 24 hours of placement, providing written notice via email to Bioges & co. s.r.l. If the Customer fails to do so within the established time frame and using the prescribed methods, the contract shall be deemed stipulated. If the Customer has already been charged for the order, Bioges & co. shall arrange to credit the amount within 72 hours from the cancellation of the order.
Pursuant to and within the limits of Legislative Decree 21, February 2014, the Customer has the right, within 14 (fourteen) calendar days of receipt of the requested goods, to exercise the right of withdrawal. The waiver period shall expire 14 natural days after the date of purchase of the goods by the customer. To exercise the right of withdrawal, the customer must notify Bioges & co. of their decision to withdraw from the contract by means of an express declaration (for example, a letter sent via registered post or email). To fall within the waiver period, it will suffice to send communication concerning the customer’s exercise of this right before the time period expires. If the right of withdrawal is exercised, the Customer shall return the goods intact, unused and in their original packaging, or in packaging having the same characteristics, at their own expense within 14 calendar days (determined by the date of the return shipping postmark) from the date of withdrawal. Bioges & co. shall refuse any returned products that are unpacked or in any case packed in a way different to that specified, as well as products for which the Customer has not paid the return costs in full; or in case of non-compliance with the procedures and time frames set out in art. 57 of Legislative Decree 21/2014 for the communication and exercise of the right of withdrawal; or in the event the product has not been packed in its original wrapping or is not complete with all accessories, instruction manuals and all else originally contained therein; therefore, under no circumstances shall packages be accepted using Cash on Delivery or sent without the Return Authorisation Number. The goods in question must be accompanied by the relative tax documents.
Bioges & co. guarantees the replacement of any defective, damaged or incorrectly shipped items for which its own personnel is responsible. The Customer may return the goods by mail, specifying the reasons for the return
and the request for replacement. Postal charges for return shipping shall be refunded according to the current rates applied by postal services. The deadline for exercising the right to return goods shall be the fourteenth business day after receipt of the goods.
In the event of incorrect shipping or damaged products, Bioges & co. shall bear both the shipping costs to return the goods and the shipping costs for the new delivery. Upon receipt of the goods and after verifying the validity of the complaint, Bioges & co. shall arrange for the shipment of the replacement goods.
Replacement or a refund for the incorrectly shipped product shall be accepted ONLY if the returned product is in intact, unopened packaging, that is, only if the product has not yet been opened and/or used.
To make the return, the procedure to exercise the Right of Withdrawal must be followed.
9. PROCEDURES TO EXERCISE THE RIGHT OF WITHDRAWAL
1. Pursuant to Legislative Decree 21/2014, the Customer may exercise the right of withdrawal from the purchase contract within 14 (fourteen) calendar days from the date of delivery by sending written notice via email, expressly stating their intention to withdraw from the stipulated contract. The above notice must be sent to the following email info@biogesandco.com, specifying:
a) the order number and date;
b) in case of partial withdrawal, the name of the item(s) and its(their) number
Bioges & co. s.r.l. shall inform the Customer of the Return Authorisation Number via email in order that it can be displayed on the goods to facilitate the return procedures. After receiving the Return Authorisation Number, the Customer must carefully package the materials in their original packaging, properly sealed to protect the original wrapping against any type of damage, then carefully seal the package and apply a label with the return address and Return Authorisation Number in a clear and visible location. The Customer must send everything:
– within 14 (fourteen) calendar days from receiving the goods via post to the following address: Bioges & co. s.r.l. contrada selva di sotto Z.I. snc 82030 San Salvatore Telesino (BN) Italy.
If the above procedure is carried out correctly, Bioges & co. shall, as soon as possible and in any case within 30 days from receipt of the notice of withdrawal, credit the amount paid back to the Customer, net of any re-shipping expenses in the case of withdrawals. For returns, the refund shall include the shipping costs.
10. PRIVACY POLICY
Information on the processing of Personal Data is provided in the privacy policy of this Website.
11. INFORMATION and COMPLAINTS
1. For any clarifications or complaints, Bioges & co. may be contacted via phone at +393270462757 or via email at info@biogesandco.com.
12. JURISDICTION and COMPETENT COURT
All disputes concerning the application, fulfilment, interpretation and violation of purchase contracts stipulated through Bioges & co. s.r.l. are subject to Italian law and, in particular, the Consumer Code, Chapter I “Consumers’ rights in contracts”, as amended by Legislative Decree 21 of 21 February 2014, with specific reference to the regulations covering distance contracts and Legislative Decree 70 of 9 April 2003 on certain aspects of e-commerce. In case of disputes arising from the General Terms of Sale between Bioges & co. s.r.l. and customers residing in the EU, we inform you that the European Commission provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr. Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and understood and specifically accepts the clauses of the General Terms of Sale outlined in sections 1-2-3-4-5-6-7-7.1-7.2-8-9-10-11-12-13.
13. CHANGES and UPDATES
Bioges & co. s.r.l. reserves the right to change its policies and these General Terms of Sale at any time, either to offer new products and services or to comply with legal and regulatory provisions. By accessing our Digital Store and placing an order, you agree to be bound by the policies and terms of the General Terms of Sale in effect at the time the order is placed, unless any changes are retroactive according to the applicable law (in which case, they may also apply to any orders you have previously placed). Should any provision of these Terms be deemed invalid, null or unenforceable for any reason, said condition shall not, in any case, affect the validity and efficacy of the other provisions.