Io Amo Bio of Schiavone, with registered office in Viale G. Murat, 48 - 70017 Putignano (BA), P.IVA 07820050727 (the "Firm"), makes available to all users the opportunity, the terms and conditions set out below, to buy specific products via the Internet (the "Products") through the website www.ioamobio.it (the "Site"), of which the Firm is the sole and exclusive owner.
These general conditions (the "Terms") have as their object the purchase of products through the Site by you (the "Customer") and govern the contract.
The General Conditions therefore apply to any proposed purchase of Products (the "Order Confirm") by the Customer through the Site. The Site navigation and the eventual Order Confirm implies and involves the acceptance of the Terms. The customer, prior to any operation, is recommended to read carefully the General Conditions and keep them in the preferred manner.
The Firm may change the Terms at any time, provided that the Order Confirm already sent to the Firm will apply the General Conditions published at that time on the Site.
The prices of Products may change over time, depending on the market, the cost of raw materials, the fluctuation of the exchange rate and any regulatory changes.
All products offered by the Firm are described in detail in the special section on the Site. Product prices are VAT included.
The visual representation of products, where available, usually corresponds to the photographic image of the same and has the sole purpose of presenting them for sale, without any guarantee or commitment by the Firm, about the exact correspondence of the image depicted on the Site with the real Product: and what particularly with regard to its size and color. In case of difference between the image and the product file, faith always makes the description of the product sheet.
4. Purchase process
To purchase the Products, the user-Customer must first register on the Site. Whenever the Customer intends to purchase the Products, after access to the Site with your credentials, will have to select the Products selected and put them in the purchase module (hereafter "Module").
The Module contains a summary of the selected Products, including price for each of them; also allows the choice of the method of delivery, indicating the cost of shipping; finally shows the method of payment and allows, before sending, deletion or modification of the Products included in the quantities to be purchased.
By sending the Module, the customer sends to the Firm it's Order Confirm.
After submitting the Module, the Customer receives - to the email address supplied when registering as user - an e-mail summary of the Order Confirm: the Customer must carefully check that all the information on it is correct. If the Customer notices an error and/or imprecision to communicate it immediately to the email address [email protected] or, alternatively, at n. fax 080.4911892 indicating the number of the Order Confirm and the adjustments to be made.
5. Order Confirm. Payment. Shipping time of Products
The purchase of the Products, and therefore the sale agreement between the Customer and the Firm for the same Products, is concluded and finalized at the time of the actual and full payment of the Products by the Customer, after they have received the Firm's e-mail address with which was confirms the correct ending of the Order Confirm subjected on the effective payment of the Products themselves.
The Order Confirm is accepted only and exclusively if in conformity of the General Conditions.
The Firm reserves the possibility, once received the Order Confirm, of verifying the availability of the Product and, lacking that, of communicating the impossibility of accepting the Order Confirm.
No responsibility can be imputed to the Firm for the unavailability, also supervening, of the Products selected and the consequent non-acceptance of the Order Confirm.
As stated above, the Firm, ascertained the conformity of the Order Confirm to the General Terms and verified the effective availability of the Products requested, sends the Customer an email with which, recalling the present General Conditions, shall communicate: (i) the acceptance of the Order Confirm conditioned by the effective payment of selected Products; (ii) the instructions to proceed at the payment of the Products; (iii) the estimated time for the shipment of Products (hereinafter, "Notice of confirmation").
If the Customer, received the Notice of confirmation, will actually buy the Products will have to proceed to the payment of the same within the essential term of 2 (two) days after the dispatch of the Notice of confirmation.
After receiving the full payment of the amount due, and then finalized the purchase of the Products from the Customer, the Firm shall execute the order by sending to the Customer the email of take charge and subsequent shipment of the Products in the indicated time.
In the case the Customer doesn't perform the full payment of the Products purchased in the essential term of 2 (two) days after the dispatch of the Notice of confirmation, the Order Confirm and the Notice of confirmation itself will no longer be valid and effective, and shall be considered irrevocably lapsed and as never made.
The data provided by the Customer at the time of the Order Confirm will be inserted in the invoice.
6. Cancellation of the Order Confirm
The Customer, without any cost, may revoke and request the cancellation of the Order Confirm until the Firm hasn't sent the Acceptance, and this by sending a specific communication to the email address [email protected] or, alternatively, at n. fax 080.4911892, indicating the number of the Order Confirm that wants to cancel and the words "purchase cancellation".
Even after receiving the Notice of confirmation by the Firm, the Customer can freely decide of invalidating anyway the Order Confirm simply by omitting the payment of the Products within the essential term of two days, as defined in section 5.
7. Right of withdrawal and termination of the customer-consumer
Following the payment and the purchase of Products, only the Customer who is a "consumer" within the meaning and for the purposes of the Consumer Code (ie "the natural person who is acting for purposes unrelated to business or professional activity": cf. . art. 3 Leg. 206/2005) may withdraw and so cancel the contract for the sale of Products through the exercise of the right of withdrawal referred to in Art. 10 of the General Conditions.
The Customer who is not consumer (c.d. professional) has no right of reconsideration and withdrawal.
8. Product delivery and shipping costs
The Firm delivers products in all countries listed on the Site. The delivery time of the Products listed on the site may also vary in relation of the place of delivery, are merely indicative and not bind to the Firm in any way.
The dispatch of the Products purchased will happen within the time specified by the Firm with the Communication confirmation, after the actual payment of the Products by the Customer.
The Firm will send the Products purchased by the customer via express courier.
Upon delivery of the Products by the courier, the Customer is liable to check (i) that the number of packages delivered is as specified in the transport document and available on the outer and (ii) that the packaging is intact and not altered even in the closing strip, if present.
In case that the purchased Products are delivered with packaging in unsuitable conditions for the protection and preservation of the same, also due to any damage caused during transport, if the Customer nevertheless decides to accept the delivery of the Products, necessarily must do so by adding the words"ACCEPTED WITH RESERVE FOR..." (indicating the motivation) on the delivery document of the courier, which must retain a copy. The Customer must notify the Firm of any damage to the Products accepted subject within the working day following receipt of the same, attaching a copy of the shipping document.
It is understood that, in case it has not been possible to find on the delivery document of courier the word "ACCEPTED WITH RESERVE FOR ..." by stating the reasons, and not received the report of the damage in essential term indicated above, the damage will be considered the responsibility of the Customer.
The costs of delivery of the Products purchased are charged to the Customer, as indicated in the Module of purchase.
Transport costs do not include porterage for delivery of the Products to the floor, so the delivery is made to the address at the street level.
In the event that the Products have not been withdrawn after the notice of attempted delivery, It is agreed that the costs of storage of Products at the warehouse of the carrier will be charged to the Customer.
9. Payment methods
The Customer can make the payment due for the purchase of products in essential term of paragraph 5, by choosing one of the following methods listed.
Payment by credit card: in the event that the Customer wishes to pay by credit card, he may invoke the procedure for payment with PayPal, suitable to ensure the confidentiality of the data provided by the Customers. For any information, please refer to the website www.paypal.com
Cash on delivery: the payment cash on delivery is accepted only if made by cash or cashier's check; consequently, pursuant to art. 1197 Cod.Civ., will not be accepted payments made by bank draft.
The payment cash on delivery will be subject to an overcharge that will be communicated to the customer after every order. This overcharge is due solely and exclusively to the carrier chosen and used by the Firm.
Payment by bank transfer: the payment by bank transfer can be carried out using the following extremes:
IBAN: IT 78F 07601 04000 001069435095
Payable to: Schiavone Marilena
Reason: indicate name and number of the Order Confirm
The time to deliver the Products purchased are estimated from the actual receipt of the payment. If, for example, the payment method is bank transfer, you'll need to wait two/five days after the completion of the transfer (the timing will vary depending on the bank's used).
10. Right of withdrawal and termination of the customer-consumer
The Client-consumer (ie the person who buys the products for purposes unrelated to business or professional activity: cfr. Art. 3 Legislative Decree no. 206/2005 and section 7 of the General Conditions) may exercise the right to reconsider and withdraw pursuant to art. 52 at seq. of Legislative Decree no. 206/2005 (the "Consumer Code") - without penalty - within 14 (fourteen) days from the receipt of the Products by sending a registered letter with return receipt to the offices of the Firm Io Amo Bio di Schiavone M.:
Via Gaetano Donizetti, 1
70017 Putignano (BA) (Italy).
You can send the notice of withdrawal, within the same period of 14 (fourteen) days of receipt of the Products, by electronic mail ([email protected]), telegram or fax (no. 080.4911892), provided it is confirmed by registered letter with acknowledgement of receipt within forty-eight hours.
The right of withdrawal is exercised properly and, therefore,valid and effective, if: the customer-consumer has complied with the procedures and terms described above, did not use the Products and the identification labels of the products have not been removed.
Return of the Products: mode, costs and responsibilities.
The Products must be returned by the Customer-consumer in their original packaging and shipped - in a single shipment, by carrier, by using a suitable packaging - at the headquarters of the Firm Io Amo Bio Via Gaetano Donizetti, 1 70017 Putignano (BA).
The Client-consumer must return the Products to the Firm without undue delay and in any case within 14 (fourteen) days from the day they announced the cancellation of the contract (in the case of sending the telegram, electronic mail or fax, from the day of such sending, provided it is followed by the letter with acknowledgement of receipt as described above).
The deadline is met if the Customer-consumer sends back the Products before the expiration of such 14 day period.
The direct costs of the return of the Products shall be borne by the Customer-consumer. The cost is estimated to be equal to the shipping cost.
The Customer-consumer is responsible for diminished value of the Products resulting from the handling of products different from those needed to determine their nature, their characteristics and their operation.
The Firm has the right to not accept the return of Products that have been altered from their essential and qualitative characteristics or have been used or damaged, even during the return of the Products by courier.
Customer-consumer has properly exercised the right of withdrawal will be refunded the payment made, excluding the cost of shipping and delivery.
Refund will be made without delay, no later than 14 (fourteen) days from the date on which the Firm is informed of the decision to terminate the contract. The refund will be suspended until receipt of returned Products or, if earlier, until the correct demonstration by the Customer-consumer of having sent back the Products with the modality and terms listed above.
The refund will be made using the same means of payment used by the Customer-consumer for the transaction, unless it is expressly agreed otherwise; in any case, the Customer-consumer will not support any fees as a result of such redemption.
In the event that are not complied with the terms and procedures required for the proper exercise of the right to reconsideration and withdrawal, the Customer-consumer is not entitled to a refund of the money paid and, in addition, be borne of the costs involved to the return of the Products: expenses that must be paid to the Firm prior to the return of the same Products.
11. Deprivation and rights of the Firm
The images, texts and other materials published on the Site and/or applied on the Products and/or packaging are the exclusive property of the Firm, unless otherwise indicated.
Whatever their use, even partial, is prohibited unless expressly authorized by the Firm.
12. Processing of personal data and privacy of Customer
The data of the Customers are treated by the Firm as provided by law for the protection of personal data (Legislative Decree no. 196/2003), as specified in the information present in the Privacy section of the Site.
13. Applicable Law and Disputes
These General Conditions are governed by Italian law.
Any disputes relating to the interpretation, validity, execution and termination of contracts of purchase of the Products through the Site and its General Conditions shall be resolved: (i) in the case of Customers-consumers, the Judicial Authority competent under the legislation applicable to consumers; or, (ii) in the case of Customers not consumers, to the exclusive jurisdiction of the Judicial Court of Bari.