GENERAL CONDITIONS OF SALE

This document contains the general conditions of sale that govern the methods and conditions of online purchase through the website corresponding to the domain name “www.biosicula.it”, owned by Biosiculà Srls – VAT number 01894730892 – Email info@biosicula.it, based in Avola (SR), Via Tommaso Campanella 53.

Contracts concluded through the website www.biosicula.it are governed by Italian law in particular, by Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70 (“E-commerce Decree”)

The products and services purchased on www.biosicula.it are sold directly by Biosiculà Srls VAT number 01894730892, based in Avola (SR), Via Tommaso Campanella 53. The Biosiculà Srls, through the its website www.biosicula.it, sells selected products through an online sales service.

Definitions

1.1 Customer: the Consumer, as defined below.

1.2 Order Confirmation: notice sent to the Customer by e-mail, which ratifies the final detail relating to the purchase contract stipulated between the Seller and the Customer (of which these Conditions of Sale are an integral part).

1.3 Consumer: natural person, adult or in any case capable of acting in accordance with the law and legal person who places an order on the website www.biosicula.it for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out subject to the legislation referred to to Legislative Decree no. 206/2005 and subsequent amendments and additions.

1.4 Price: the contractual consideration indicated in the Order Confirmation, including VAT.

1.5 Product (s): the products in the electronic catalog published on the website www.biosicula.it, as provided in the relevant product sheets and indicated in the Order Confirmation.

1.6 Seller: Biosiculà Srls VAT number 01894730892, based in Avola (SR) Via Tommaso Campanella 53 with which the Customer concludes the purchase contract.

Scope of

These Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for Products between Customers, as defined below, and the Seller through the Site (“Terms of Sale”).

These Conditions of Sale are published on the home page of the website www.biosicula.it and can be viewed by the Customer at any time before and during the procedure for placing an order. These Conditions of Sale may also be “downloaded” and saved by the Customer on their computer or mobile device, as well as printed. In particular, before the conclusion of the online purchase procedure and the payment, the Customer is invited to read and accept these Conditions of Sale, as well as to print or save an electronic copy and in any case keep these Conditions of Sale, also in compliance with the provisions of Legislative Decree n. 206/2005 (“Consumer Code”).

The Seller reserves the right to modify these Conditions of Sale at any time; any new rules will be effective from the moment of their publication on the website www.biosicula.it and will apply to sales that will be made starting from their publication.

The Customer is required to carefully read the General Conditions of Sale that have been made available to him on the website www.biosicula.it, in order to allow for storage and reproduction by the Customer pursuant to art. 12 of the Legislative Decree 9 April 2003, n. 70.

Contracts concluded through the site www.biosicula.it are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70 (hereinafter, “E-commerce Decree”).

Conclusion of the contract

1.1 To conclude the purchase contract for one or more Products, as defined above, on the website www.biosicula.it, the Customer must fill in the order form in electronic format, taking care to correctly enter their data as requested in the form itself and transmit it electronically to the Seller, following the instructions on the site.

In any case, the Customer assumes responsibility for the truthfulness and correctness of the personal data entered and released to the Seller during registration and / or sending the order form. It is understood that any damage / delay / inconvenience attributable to and / or attributable to the incorrectness and / or untruthfulness of the personal data entered at the time of registration and / or subsequently modified can in no case be charged to the Seller.

1.2 The order form shown in the checkout section of the website www.biosicula.it contains a summary of the main information relating to each Product ordered. In particular, the price (including all applicable taxes and / or duties), the payment methods that can be selected and the Shipping costs are explained.

1.3 Before proceeding with the purchase of products by submitting the order form, it is the Customer’s obligation to carefully read the Conditions of Sale and the Privacy Policy.

1.4 The contract is concluded when, following the verification by the Customer of the data relating to the order, the Seller receives the corresponding order form electronically.

1.5 By submitting the order form, the Customer unconditionally accepts and undertakes to observe these Conditions of Sale in relations with the Seller.

1.6 By submitting the order form, the Customer confirms that he or she also knows and accepts the additional information contained on the website www.biosicula.it and in particular, the information on the processing of personal data.

1.7 The order form will be stored in the Seller’s database for the period of time necessary to process the orders and in any case in accordance with the law.

1.8 The prices of the Products may be subject to updates. The Customer is obliged to ascertain the final sale price before submitting the relevant order form.

1.9 Once the contract is concluded, the Seller will process the corresponding purchase order.

1.10 The Seller reserves the right to evaluate the acceptance of orders received. Furthermore, it may not process purchase orders forwarded by the Customer if the data provided by the latter is incomplete or incorrect. In these cases, the Seller will, via e-mail, inform the Customer of the failure to conclude the contract, indicating the reasons why it was not possible to process the order and any refund of the sums already paid by the customer.

1.11 In general, all the articles on the website www.biosicula.it are immediately available. However, the Seller cannot under any circumstances be held responsible for the temporary unavailability of one or more products. If specific products presented on the site are no longer available or on sale after sending the order form, it will be the Seller’s responsibility to notify the Customer of the aforementioned unavailability before the Order Confirmation. The sending of the order form by the Customer is also valid as acceptance of any partial delivery, limited to the products available as part of those ordered, as well as a waiver of claiming compensation and / or indemnities for this purpose. If the Customer has already paid for the complete order, the Seller will refund the amount corresponding to the unavailable products in the manner described below.

1.12 Once the contract is concluded, the Seller will send the Customer, to the e-mail address and in the language indicated in the order form, a confirmation of the receipt of the order, containing a summary of the information contained in the form itself. This document is not intended as the Order Confirmation, as defined below, which will be sent later, upon actual shipment of the Products.

1.13 The order will be confirmed only after the seller has received the payment from the customer. In case of payment by bank transfer in advance, it will therefore be necessary to wait for the transfer to be credited.

Upon actual shipment of the products in the order form, the Seller will send the Customer the Order Confirmation to the email address and in the language indicated. This document will contain the list of products actually purchased with an indication of the price including VAT. The email will also contain all information relating to shipping data and costs. In addition, the total cost of the order and the main information relating to the payment made will be indicated.

Even after sending the order confirmation email, in the event of unavailability of some products due to non-supply by producers and / or suppliers or other causes not foreseeable at the time of the conclusion of the order, the Seller will inform and refund the customer of the amount of the ordered and unavailable products.

1.14 The language available to the Customer to conclude the contract with the Seller is Italian.

Cancellation of the Order

2.1 Without prejudice to the provisions regarding withdrawal from art. 6, it is possible to cancel orders not yet processed by contacting Customer Service at the e-mail address info@biosicula.it

2.2 It is not possible to cancel an order once the shipping process has begun.

2.3 In the event that, at the time of canceling an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to proceed with the refund procedure (as described in the section “Refund times and methods” referred to in Article 7).

Payments

3.1 The Seller will only accept payments with currency in Euros.

3.2 For the payment of the price of the products and the relative shipping and delivery costs, the Customer may use one of the methods indicated below:

– PayPal

– Credit card through the PayPal circuit

– Credit Card / Prepaid Card / Debit Cards via Stripe.

3.3 In case of payment by card, the entire payment procedure will be managed, in absolute safety, by PayPal or Stripe depending on the choice made by the Customer during the payment phase. Consequently, the Seller will never be in possession of any sensitive information (for example, the complete number of the credit / debit card, or the security code).

Guarantees

4.1 The Products offered on the Site are exclusively top quality products.

4.2 All product descriptions, illustrations, representations, details, dimensions, performance data and any other information available on the site must be understood as general illustrations of the products and do not in any way represent a guarantee or declaration compliance of the products with them.

4.3 The essential characteristics of the Products are indicated on the website www.biosicula.it at each product detail page. However, the images and colors of the Products offered for sale may not correspond to the real ones due to the Internet browser and monitor used. It is therefore understood that, without prejudice to the indications relating to the label, the Customer cannot make any objection to the Seller, in the event that the packaging of the delivered product does not coincide with the image of the product shown on the website www.biosicula. it as to color / shape / size. The Seller may, in fact, at its discretion, modify the product packaging at any time and such changes may be introduced in the catalog and / or product description pages reproduced on the website www.biosicula.it.

4.4 The Seller pays the utmost attention to the adherence of what is described and presented on the website www.biosicula.it with respect to what is reported on the label on the product packaging. In any case, it is emphasized that, where differences are found, the label and directions for use of the Product will always be valid.

4.5 At the time of delivery by the courier of the purchased Product, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, wet or otherwise altered. , even in the closing materials (adhesive tape or plasticized straps).

Upon receipt of the Products, the Customer must:

– make sure that the packaging is intact. Otherwise, the Customer is required to promptly notify the Seller by contacting Customer Service at the email address info@biosicula.it no later than 24 hours after delivery of the goods;

– sign the goods receipt document presented by the courier always inserting the words “ACCEPTED WITH RESERVE”. In this way it will be easier and faster to obtain any refunds from the courier for damage attributable to transport.

If the Products received are damaged or incomplete, the customer must photograph the package both outside and inside and send the photos to the Seller’s address by email info@biosicula.it or, alternatively, to Biosiculà Srls, based in Avola (SR), Via Tommaso Campanella 53 in the shortest possible time and, in any case, no later than 24 hours from the delivery of the goods.

Failure to send the photos to the Seller could make it more difficult or prevent reimbursement and / or compensation for damage by the Courier. In this case, the Seller will not be required to reimburse the Customer for the sums paid by the latter for the products purchased, up to the amount of non-refund and / or compensation that the Seller could have obtained from the Courier. In the cases referred to in this article, the Customer is required to cooperate with the Seller in accordance with fairness and good faith.

Once the courier’s document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered and the risk of loss or damage to the Products will be transferred to the Customer in all respects.

4.6 The legal guarantee of conformity provided for in Articles. 6 applies to the Products covered by these General Conditions of Sale purchased by a Consumer. 128 and following of Legislative Decree no. 206/2005 and for customers who do not qualify as Consumers the guarantees referred to in articles 1476 et seq. C.C.

In the case of a Product affected by defects or non-compliant, and compatibly with the nature of the goods (eg perishable goods) or with the type of defect (normal wear and tear), the Customer may exercise the rights provided for in Articles. 128 and following of Legislative Decree no. 206/2005 by contacting the Customer Service (at the addresses indicated in the detail pages of the site) and specifying the reason “guarantee for non-compliant product”. This report must be sent within a reasonable time taking into consideration the nature of the asset and, in any case, within the warranty period mentioned above, and in compliance with the procedure indicated in point 4.5. of these conditions of sale and to which reference is made.

The Seller, having verified compliance with the above, will send, through its Customer Service, an e-mail to the Customer containing the procedure to be followed to obtain the reduction of the price paid or the sending, at the expense of the Seller, of the compliant product. directly to the delivery address of the goods or, in the opinion of the Seller, to the different one indicated by the Customer.

Shipping and delivery of Products

5.1 The Seller sends its products to Italy via primary express couriers and only after having collected the payment. The shipment is made every Monday to avoid the stoppage of goods in the warehouses during the weekend and to ensure quick delivery and preserve the freshness of the product. Delivery normally takes place in 2 (two) working days (i.e. from Monday to Friday) for shipments and deliveries to be made in Italy and in 5 (five) working days for shipments and deliveries to be made in Europe and / or abroad. The terms of shipment and delivery are to be considered as ordering and not mandatory.

In any case, the Seller reserves the right to deliver the ordered products to the courier within a maximum period of 7 (seven) days following receipt of payment.

5.2 The Seller undertakes to do everything necessary to respect the delivery times indicated above, but will in no case be held responsible for damage or inconvenience caused by any delays of the carrier.

5.3 The cost for each shipment, associated with an order, will vary according to the following parameters: the place of destination and the total weight of the Products purchased with the single order and will in any case be explained both during the order transmission procedure (and, in particular, before its forwarding) and in the Order Confirmation.

5.4 All the above costs are inclusive of VAT, to the extent of applicable law.

5.5 The Customer is required to always check the number and integrity of packages. In the event of anomalies or damage, the complaint must be made immediately to the courier and promptly reporting the incident to Customer Service by sending an e-mail to info@biosicula.it and observing the procedure referred to in point 4.5. of these general conditions of sale and to which reference is made.

5.6 Delivery refers to the street level and will be made, unless otherwise indicated, from Monday to Friday during normal office hours (from 9:00 to 18:00), excluding national holidays.

Right of withdrawal

6.1. Pursuant to art. 59 Legislative Decree 206/2005, as amended by Legislative Decree. 21/2014, the right of withdrawal is excluded in the following cases: order of products made to measure or clearly personalized, order of products that are likely to deteriorate or expire rapidly, order of sealed products that are not suitable to be returned for hygienic reasons or related to health protection or which were opened after delivery.

6.2 With reference to the cases of exclusion of the withdrawal listed above, in particular, the Customer is informed that the “Products that risk deteriorating or expiring rapidly” include those food products whose characteristics and quality are subject to alteration, even in consequence of inappropriate storage by the Customer after delivery, such as oranges, lemons and the like.

6.3 Since these are fresh, easily perishable food products, the right of withdrawal cannot be exercised as the life span of the product is less than 14 days. (maximum time of applicability of the right of withdrawal). In any case, the Seller will evaluate the reports and complaints received within 2 hours from the delivery time to the contact email address info@biosicula.it

6.4 For products not excluded by art. 59 of Legislative Decree. 206/2005 and purchased on the site, the consumer has the right to withdraw from the contract, pursuant to art. 52 and 54 of the Legislative Decree. 206/2005, expressing this will no later than 14 days from the physical delivery of the goods, by registered letter with return receipt to the address Biosiculà Srls based in Avola (SR), Via Tommaso Campanella 53.

6.5 The Seller reimburses the payment received from the consumer without undue delay and in any case within 30 (thirty) days from the day he is informed of the consumer’s decision to withdraw from the contract pursuant to Article 54 of Legislative Decree 206/2005.

6.6 Unless the Seller has offered to collect the goods himself, the Customer returns the goods or delivers them to the Seller, without undue delay and in any case within fourteen days from the date on which he communicated to the trader his decision to withdraw from the contract pursuant to Article 54. The deadline is met if the consumer sends back the goods before the expiry of the fourteen-day period. Shipping and redelivery costs are charged to the customer.

6.7 It is understood that, if he makes use of the aforementioned right of withdrawal, the Customer must return the product intact, intact and in perfect condition and must comply with all the necessary precautions aimed at preserving the product in his possession and keeping it at his expense in its packaging. original, by sending it to the Seller within 3 (three) days from exercising the right of withdrawal, ensuring the correct delivery of the same. The shipping costs for returning the goods remain the responsibility of the consumer.

6.8 Failing this, the right of withdrawal will not apply and the seller’s right to compensation for damage, in addition to the payment of the product price, will be reserved.

6.9 The products must be returned directly to the Company. The reimbursement of the price of the product will be made within 30 (thirty) days from the date on which the good will have arrived intact and in perfect condition to the Seller.

6.10 The right of withdrawal is excluded in relation to products that are returned damaged

Refund times and methods

7.1 A refund procedure can refer to two different types of situations:

– refund of the total amount relating to an order following a request for the return of a non-compliant product (defective, damaged, etc.);

– partial refund relating to an order for which the unavailability of one or more Products has occurred.

7.2 Whatever the method of payment used by the Customer and except as indicated in the matter of withdrawal in article 6 above, the refund is activated by the Seller as quickly as possible and in any case within 30 (thirty) days from the sending of the order confirmation ( in the case of partial refund due to the unavailability of one or more products) using where possible the same payment channel with which the order was placed.

7.3 Regardless of the correspondence between the recipient of the products indicated in the order form and whoever made the payment of the sums due for their purchase, the reimbursement of the sums will always be made by the Seller in favor of the person who made the payment (identified as the ‘holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase was made).

Customer Service

8.1 The Customer may request any additional information from the Seller by contacting Customer Service via e-mail at info@biosicula.it or via whatsapp directly from the website www.biosicula.it

Privacy

9.1 The privacy information is contained in the Information on the processing of personal data which is an integral part of these Conditions of Sale.

9.2 For any other information on our privacy management policy, you can send a specific request via email.

Applicable law and dispute resolution

10.1 These Conditions of Sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.

Outside of the cases of applicability of art. 66 bis of Legislative Decree no. 206/2005, the exclusive forum for any dispute relating to this contract will be under the jurisdiction of the Court of Syracuse (Italy).

Changes and updates

11.1 These Conditions of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication of the same on the site. For any dispute that may arise in relation to these Conditions of Sale and to the supplies and orders, respectively, carried out and forwarded by virtue of the same, the judge of the place of residence or domicile of the Customer-Consumer, if located in the Italian territory.

Withdrawal and Closure of User Accounts

In case of violation of these terms, Biosiculà reserves the right to suspend or close the User’s Account at any time and without notice.

Biosiculà reserves the unquestionable right to inhibit at any time and without notice access to www.biosicula.it, in full or limited to certain features, of the accounts of users for which payment irregularities, non-payment, damages have been detected of image via the internet, obscene, vulgar or inappropriate language for comment and review functions, repeated and continuous unfinished order attempts, cyber attacks or any other activity, explicit or implicit, that may cause direct or indirect damage to Biosiculà.