General conditions of Sale
1 – General conditions of use
This document contains the Ceneral Conditions of Sale of the website www.biokern.com, owned by Biokern AG with registered office in Rütistrasse 55, 9050 Appenzell Switzerland – VAT number CHE-458.601.130, registered in the Register of Companies of Appenzell Rodhes-Interior in Switzerland and managed for all operational purposes by Biokern AG.
For the purposes of this Agreement, it is specified that in the continuation with “seller” we mean Biokern AG, with “customer” we mean the natural or legal person who purchased the goods on the “site”, with “site” we mean the site internet www.biokern.com where this sales contract is stipulated and concluded, with “order” the purchase request formulated by the Customer in the manner of the Site, with “product” the goods purchased by the Customer on the Site, for ” user ”the person who visits the site, even if he does not enter into any contract.
The products purchased on the Site are sold directly by Biokern AG, the only company to which the Customer must refer for any question relating to the products purchased. Biokern declares that it possesses all the authorizations, however named, to be able to sell the product in the member countries of the European Union and that the product itself meets all the requirements of the Community regulations for the marketing of the same, expressly including the safety and security requirements. quality required by current legislation.
The Customer declares to have the capacity to conclude this contract, to be of age according to Italian law and not to be under guardianship or in any case to have, always according to Italian law, the legal capacity and to act to stipulate and conclude this contract: Biokern AG does not assume any responsibility in relation to any contracts stipulated by subjects who, according to Italian law, were unable to stipulate them, as they were unable, due to the procedures for concluding the contract, to carry out the related checks.
The Customer also declares to have carefully read the characteristics of the product, as well as any instructions for use, and expressly indemnifies the Seller from any liability regarding incorrect or inappropriate use of the product, as well as any purchase of a non corresponding to your needs.
Access to and use of the site, including viewing web pages, communicating with Biokern AG, the ability to download product information and purchase them on the website, are activities conducted by users and / or by Customers exclusively for personal uses unrelated to any commercial, entrepreneurial and professional activity.
The Customer is and remains the one and only responsible for the use of the site and its contents. Biokern AG. in fact, it cannot be held responsible for any use of the website and its contents by each of the users that does not comply with the laws in force. In particular, the Customer is and remains the one and only responsible for the communication of information and data that is incorrect, false or relating to third parties, without these having given their consent, as well as for an incorrect use of the same. . Finally, since any material will be downloaded or otherwise obtained through the use of the service at the user’s choice and risk, all responsibility for any damage to computer systems or loss of data resulting from the download operations falls on the user and / or Customer and cannot be attributed, in any way, to Biokern AG.
Biokern AG. declines all responsibility for any damage resulting from inaccessibility to the services on the site or caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, to providers or to telephone and / or telematic connections, to unauthorized access, to data alterations, to the failure and / or faulty functioning of the user’s electronic equipment.
The user is responsible for the safekeeping and proper use of their personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequences or prejudice that may arise for Biokern AG. or third parties as a result of incorrect use, loss, theft of such information.
These Conditions of Sale are published on the home page of the Site and can be viewed by the Customer at any time, before and during the process of placing an order, and must be expressly accepted in order to proceed with the order.
2 – Content Warning
Biokern AG pays the utmost attention to adherence to what is described and presented on the site, in particular as regards the essential characteristics of the products are indicated on the Site at each detail page of the Product. 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 and / or the characteristics and / or quality of the product, the Customer will not be able to make any objection or request, against the Seller, in the event that the packaging of the Product delivered does not should coincide with the image of the Product shown on the Site in terms of color / shape / size. In fact, the Seller reserves the right to modify the Product packaging at any time, for commercial and / or production needs, without therefore being obliged to give notice or information to the Customer.
Biokern AG. furthermore it undertakes to take all useful precautions in order to ensure users that the contents of the site are accurate and do not contain incorrect or outdated information, with respect to the date of their publication on the website and, as far as possible, also later.
3 – Commercial policy – Scope of application
The mission of Biokern AG. is to promote and sell Biokern products, with particular reference to B2C (Business to Consumer) Commerce to private consumers. In consideration of its commercial policy, the Seller reserves the right not to process orders from subjects other than the Customer or in any case orders that do not comply with its commercial policy.
These Terms of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products between Customers and the Seller via the Site (“Terms of Sale”).
On the other hand, these Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller who are present on the Site through any links, banners or other hypertext links. Before submitting purchase orders for products and / or services from parties other than the Seller, the Customer is invited to check their conditions of sale. In fact, the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce operations between users and third parties.
The seller reserves the right to verify and evaluate the correctness and good faith of the customer, especially in the case of using promotions or discount coupons. If the customer’s behavior is found to be illegal and incorrect, the seller will promptly notify and proceed with the cancellation of the purchase order.
4 – Purchase price and limitations of liability
All prices on the site are expressed in euros, inclusive of all applicable taxes and / or duties and the cost of delivering the ordered products (as explained during the order transmission procedure); however, since the prices of the products may be subject to updates, the Customer is obliged to ascertain the final sale price before submitting the relative order form: once this has been completed and sent, it will no longer be possible modify it in any way.
Prices outside the euro zone in accordance with the laws in force, the delivery of orders in some countries of the community or outside the euro zone may be subject to possible taxes that are borne by the customer and are his responsibility. The Seller does not undertake the obligation to inform the Customer about the different prices and / or customs duties relating to a delivery in these countries and, therefore, assumes no responsibility in the case of orders placed from and for the aforementioned countries, both for as regards any price increases (which remain entirely the responsibility of the Customer), both as regards the times and / or methods of delivery of the product.
In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by the Seller, of the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the customer will be refunded within 14 days from the day of cancellation, upon notice to the customer.
5 – Conclusion of the contract
This contract is entered into exclusively electronically by accessing and using the site where, following the procedures indicated, the Customer has formalized the proposal for the purchase of the product. In particular, to conclude the purchase contract for one or more Products on the site, the Customer must fill in the order form in electronic format, taking care to correctly enter his 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 and information entered on the site when compiling the order and / or sending it. It is understood that any damage / delay / inconvenience referable to and / or attributable to the incorrectness and / or untruthfulness of the personal data entered or otherwise provided by the Customer at the time of completing and sending the order form and / or subsequently modified will not can in no case be charged to the Seller, who cannot be held responsible, in any way, for delays and / or failure to fulfill the order.
Before proceeding with the purchase of products by sending the order form, the Customer is obliged to carefully read the General Conditions of Sale and the General Conditions of Use, as well as to print and / or store a copy for any future use. In particular, and without prejudice to the provisions of art. 12 of the d.l. 70/2003, before the conclusion of the online purchase procedure and the payment, the Customer will be 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 in the compliance with the provisions of Legislative Decree n. 206/2005 (“Consumer Code”).
The contract is concluded when the Seller electronically receives the corresponding order form as completed by the Customer; therefore, by submitting the order form, the Customer unconditionally accepts and undertakes to observe these Conditions of Sale in relations with the Seller. By submitting the order form, the Customer confirms that he also knows and accepts the additional information contained on the site, in the General Conditions of Use and in the Information on the processing of personal data.
Without prejudice to what has been said on the conclusion of the contract, in any case the Seller may not proceed, without any responsibility, to purchase orders sent by the Customer if, for any reason, the payment of the Product or in any case the price of the Product is not paid. or if the data provided by the latter are 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 / or not to deliver the goods, if the payment is made at delivery of the same.
6 – Shipping and delivery of products
1197/5000In general, all the items on the site are immediately available and the delivery times of the Product therefore correspond to those indicated in the order or in any case in these General Conditions. Notwithstanding the foregoing, the Customer agrees and accepts that the Seller can in no case be held responsible for the temporary unavailability of one or more products. If specific products presented on the site are no longer available and / or on sale after sending the order form, it will be the Seller’s responsibility to notify the Customer of the aforementioned unavailability, even after sending the Order Confirmation. Without prejudice to what is agreed below in art. 8 “Right of withdrawal”, 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 requesting for this purpose compensation and / or indemnities. 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
In generale, tutti gli articoli presenti sul sito sono immediatamente disponibili ed i tempi di consegna del Prodotto corrispondono quindi a quelli indicati nell’ordine o comunque nelle presenti Condizioni Generali. Fermo restando quanto sopra, il Cliente acconsente ed accetta che il Venditore non potrà in nessun caso essere ritenuto responsabile per la temporanea indisponibilità di uno o più prodotti. Qualora specifici prodotti presentati sul sito non siano più disponibili e/o in vendita successivamente all’invio del modulo d’ordine, sarà cura del Venditore comunicare al Cliente, anche dopo l’invio della Conferma d’Ordine, la suddetta indisponibilità. Fatto salvo quanto di seguito pattuito all’art. 8 “Diritto di recesso”, l’invio del modulo d’ordine da parte del Cliente, vale come accettazione anche di un’eventuale consegna parziale, limitata ai prodotti disponibili nell’ambito di quelli ordinati, nonché come rinuncia a richiedere a tale titolo risarcimenti e/o indennizzi. Qualora il Cliente avesse già provveduto al pagamento dell’ordine completo, il Venditore provvederà a rimborsare la quota corrispondente ai prodotti non disponibili secondo le modalità di seguito descritte
Excluding the sales periods as indicated on the site, orders will be prepared within 48 hours (working days) from the full payment of the product. The average processing and shipping time in Italy is 5-7 working days from the date of payment; in any case, if the order is not processed and shipped within a maximum of 15 days from the payment of the same, at the express request of the Customer, the Seller will refund the price paid for the order. The Seller undertakes to do everything necessary to respect the delivery times indicated above, but will in no case be held liable for damage or inconvenience caused by any delays.
Each order shipped includes: the items and the delivery note. The order is shipped to the address specified by the Customer at the time of the order and, to this end, the Seller declines all responsibility for any errors made by the Customer in completing the order (thus, for example and without claiming to be complete: incorrect and / or incomplete address, name on different intercom, etc.). The products are and remain the responsibility of Biokern AG until delivery to the address indicated by the customer. If the address indicated by the customer is incorrect, Biokern AG reserves the right to charge any damage and additional transport costs to the customer.
The cost for each shipment, associated with an order, could vary according to the following parameters: the place of destination and the total number of Products purchased with the single order, and will in any case be explained both during the transmission procedure of the order is in the Order Confirmation.
All the above costs are to be understood as inclusive of VAT, to the extent of the applicable law.
7 – Payments
Payment of the product price is the customer’s main obligation. the Seller will only accept payments in Euro currency. For the payment of the price of the products and the related shipping and delivery costs (if any), the Customer may use one of the methods indicated in the order form.
In case of payment by credit card, the entire payment procedure will be managed, in absolute safety, with the SSL (Security Socket Layer) secure payment module. 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) and, in any case, expressly disclaims any responsibility in this regard, linked to the use and / or payment of the price by credit card.
8 – Right of withdrawal and related procedure
Pursuant to Article 52 of the Consumer Code, the Consumer Customer will have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and in the manner indicated in the following articles. To exercise the right of withdrawal, the Customer must send the Seller a communication to that effect, also using the form available on the site, to the Customer Service by writing to firstname.lastname@example.org or by letter A / R c / o the registered office of the Seller within 14 days from the date of receipt of the Products with respect to which the right of withdrawal is exercised, it being understood that within 14 days of sending the declaration expressing his decision to exercise the right of withdrawal he must return the product according to the procedure below.
The return costs are charged to the customer. If the above terms are respected, the Customer will be reimbursed in full for the purchase amount, or the price and delivery costs where incurred, within a maximum period of 14 days according to the procedure and methods indicated below.
Any exchange or return must be the subject of a written request made via our contact form on our website or to the email address “email@example.com“;
- the product must be returned to BIOKERN AG, Rütistrasse 55, 9050 Appenzell Switzerland (or indicate where they must be returned), new, never opened and / or otherwise used and in its original box, perfectly intact. Upon receipt of the parcel at its warehouse, Biokern AG will assess the perfect condition of the returned goods;
- The returned package must necessarily contain a copy of the Order Confirmation sent to the email address indicated by the Customer or the waybill on the package upon receipt;
- Returns will not be accepted if the items show signs of wear, are damaged and / or in any way unsuitable for sale (for example, do not attach the tape directly to the product packaging or otherwise damage the packaging itself). If the goods are rejected by Biokern AG, they will be returned to the Customer as soon as possible and no refund or refund procedure will be possible except within the scope of his warranty rights;
- The customer must keep the proof of shipment of his package with which he returned the product. In case of loss of this package, no refund or exchange can be made;
- the Seller reiterates that it does not offer free returns and therefore: a) the shipping costs are charged to the customer; b) in no case will parcels be collected on delivery or carriage forward.
As an alternative to the reimbursement procedure of the incurred price, in the case of a validly exercised withdrawal, the Customer can, at his choice:
a) order a product in exchange for the one for which he has exercised his right of withdrawal; in this case, if the second product chosen has a higher price than the first returned item, he can pay the difference by credit card or Paypal, while if the amount of the customer’s new order is less than the amount of the returned product, Biokern AG will refund the difference within 14 days of receiving the package in its warehouse. If you decide to exercise this right, it is understood that the validation of the new order is subject to its full payment, if due.
b) ask the Seller for a coupon and / or discount voucher, however named, for the entire amount of the order, to be used to purchase other products on the site according to the terms and conditions that will be detailed in the coupon itself.
9 – Refund times and methods
The reimbursement procedure can refer to three different types of situations:
– Refund of the total amount relating to an order for which the right of withdrawal has been exercised;
– Partial refund relating to an order for which the unavailability of one or more products has occurred;
– Full and partial refund following the sale of a non-compliant product.
Whatever the payment method used by the Customer and except as indicated in the matter of withdrawal in article 8 above, the refund is activated by the Seller in the shortest possible time and in any case within 30 (thirty) days of sending the Order Confirmation (in case of partial refund due to the unavailability of one or more products and / or lack of conformity) and 14 (fourteen) days from receipt of the Notice of withdrawal (in the case of withdrawal) using the same payment channel with which it was placed the order, even if there is no coincidence between the recipient of the products indicated in the order form and whoever made the payment of the sums due for their purchase, unless the Customer has expressly and in writing agreed otherwise and the Seller has accepted this different method.
10 – Guarantees and after-sales assistance
The Customer undertakes to verify the conformity of the products once and as soon as they are received and in particular to check that: i) the number of products delivered corresponds to what is indicated on the transport document (DDT) and / or on the order; ii) the packaging and case of the product are intact, not damaged or otherwise altered. Any damage to the product packaging must be immediately reported, placing a reservation on the proof of delivery of the courier or of the person delivering the product. 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. If the Customer finds an anomaly in the product due to an anomaly in the package and / or delivery (damage to the wrapping, damaged and / or broken package, item missing from the order, item that does not correspond to the order, etc. ), and has in any case withdrew the product, with or without reservation, must inform Biokern AG within a maximum period of 8 days by e-mail to firstname.lastname@example.org. In case of lack and / or delay of this complaint, the Seller reserves the right to reject the complaint, considering himself released from any responsibility. In case of correct exercise of one’s right as regulated here, after having carried out the appropriate checks, if necessary also with the carrier and / or the company in any case in charge of the delivery of the goods, and in case of positive outcome of the same, the Seller will refund defective or non-compliant and / or damaged products, in accordance with the provisions of art. 9 or by sending the customer the product corresponding to the order (subject to any difficulties and / or different times subject to availability in stock).
In any case, all items presented and sold on the site by the Seller benefit from the legal guarantee of conformity provided for by the Consumer Code; consequently, if the product is not compliant pursuant to art. 129 of the Consumer Code, the Customer must report the lack of conformity within the terms provided therein and provide as soon as possible to return the product to the Seller, according to the methods indicated in the event of a right of withdrawal; the Seller, after checking the defect and / or lack of conformity, without prejudice to the provisions of art. 130 of the Consumer Code, undertakes to repair and / or replace the goods at its expense, within and no later than 30 (thirty) days from the date of receipt of the return. In the event of a negative response, the Seller will promptly communicate the negative outcome of the return procedure to the Customer, who will not be sent any replacement product and / or any repairs made, and the Customer may collect the product from the Seller or request to the Seller that it is in any case returned to him, in both cases at his sole expense, no later than 30 (thirty) days from the communication of the negative outcome of the procedure.
11 – Trademarks and domain names
Biokern AG. directly or through subsidiaries / parent / affiliated companies, it is the exclusive owner of the “biokern.com” logo and domain and of any other distinctive sign.
All the distinctive signs that distinguish the products sold on the site are registered trademarks of Biokern AG. and are used within the site, for the sole purpose of distinguishing, describing and advertising the products for sale.
The user is therefore not authorized, except with the express written consent of Biokern AG. to use said trademark and / or in any case other distinctive signs of the Seller, also and above all to distinguish products or services even not similar to those of the site.
Any use of the Biokern brand that does not comply with the law, as it is not authorized, is prohibited and has legal consequences. It is in no way allowed to use the trademark and any other distinctive sign present on the site to take unfair advantage of the distinctive character or reputation of this trademark or to harm the owner.
12 – Privacy
Art. 13 – Method of archiving the contract
Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Customer that each contract is stored in digital / paper form on the server / at the Supplier’s headquarters according to criteria of confidentiality and security and will subsequently be canceled according to the terms of the law. In any case, these General Conditions of the contract, in addition to having been sent by e-mail, can be requested at any time from the Seller.
Art. 14 – Complaints and communications
Any complaint and / or communication of the Customer must be sent by e-mail to the following e-mail address email@example.com or by writing to Biokern AG, registered office in Rütistrasse 55, 9050 Appenzell Switzerland. Any different forms of communication may not be taken into consideration and / or not received by the Seller.
Art. 15 – Applicable law and competent court
This contract is governed by Italian law, to which reference should be made for all that is not regulated here; in the event of a dispute, this contract is subject to the Italian jurisdiction and the jurisdiction of the Judge of the Consumer Court.