Terms of Service
1. Scope
1.1 These general terms and conditions in the version valid at the time of the order govern all orders and deliveries and the associated purchase contracts via the website www.biomacris.com
1.2 Buyer is the natural or legal person who places the order. By placing the order, the buyer declares that he has unrestricted legal capacity and that the personal data he has provided is correct.
1.3 The seller is BODY CONNECT SRL – Altenmarktgasse 4, 39042 Brixen (BZ), Italy registered in the Bolzano commercial register with tax number FSSCRS92T22B160T and VAT number 03170180214.
2. Conclusion of contract
2.1 The buyer's order represents a binding offer to conclude a purchase contract for the ordered goods (order).
2.2 A sales contract is only concluded with the express acceptance of the order by BODY CONNECT SRL by sending a corresponding order confirmation by e-mail or implied by the delivery of the ordered goods.
3. Prices
3.1 The prices shown in the online shop at the time of the order apply. BODY CONNECT SRL reserves the right to change prices without notice.
3.2 Unless otherwise expressly agreed in writing, the prices are inclusive of statutory VAT, plus shipping costs and any packaging costs that may be incurred in the case of gift packages, special combinations and the like.
4. Shipping Costs
4.1 For shipping the goods, the shipping costs are calculated according to our terms of delivery.
5. Delivery and Risk
5.1 Unless otherwise agreed in writing, delivery of the goods will take place after receipt of full payment to the delivery address specified by the buyer.
5.2 Any information on delivery dates is always non-binding, unless BODY CONNECT SRL expressly agrees in writing to a binding delivery date.
5.3 The delivery can also be made in several partial deliveries at the discretion of BODY CONNECT SRL.
5.4 In the event of total or partial unavailability of the goods, there is no obligation to deliver. In this case, the buyer will be informed by BODY CONNECT SRL. Payments already received will be refunded.
5.5 The risk passes to the buyer as soon as the goods are handed over to the first carrier for transmission to the buyer. This also applies in the case of partial deliveries.
6. Payment and retention of title
6.1 Payment of the full price (including shipping costs and packaging costs, if applicable) is due upon receipt of the order. The place of performance for payment is the province of Bolzano (Italy).
6.2 Payment of the price can be made by:
6.2.1 Credit Card
6.2.2 PayPal
6.3 If, for whatever reason, the goods are not paid for or not paid in full after the order has been confirmed and BODY CONNECT SRL nevertheless delivers the goods at its own discretion, the goods remain the property of BODY CONNECT SRL until full payment has been made.
6.4 If a third party accesses the goods as part of a foreclosure, bankruptcy or other procedure, or if the goods are subject to any other interference by third parties, the buyer must inform this third party of BODY CONNECT SRL's ownership rights and inform BODY CONNECT SRL of this immediately and to provide any assistance to safeguard the rights and interests of BODY CONNECT SRL.
7. Withdrawal by Consumers
7.1 The buyer, the consumer within the meaning of the Italian Legislative Decree. 206/2005 (the “Consumer Protection Code”), pursuant to Articles 64 et seq. of the Consumer Protection Code, may withdraw from the purchase contract within a period of 10 (ten) working days from receipt of the goods. The declaration of withdrawal must be made in writing by registered letter with acknowledgment of receipt to BODY CONNECT SRL. The declaration of withdrawal can also be made within the specified period by telegram or email: info@biomacris.com if the withdrawal is made within the following 48 (eight-and- forty) hours by registered mail with acknowledgment of receipt.
7.2 The reimbursement of the price will be made upon return of the goods, which must be returned at your own expense to BODY CONNECT SRL within 10 (ten) days from the exercise of the right of withdrawal.
7.3 The right of withdrawal is excluded if the goods are damaged, no longer in their original packaging, have signs of wear or are incomplete.
8. Warranty and Liability
8.1 The product images do not always match the appearance of the delivered goods.
8.2 The liability of BODY CONNECT SRL is limited to intent and gross negligence. BODY CONNECT SRL will in no case be held responsible for the non-performance or poor performance if caused by force majeure.
8.3 Obvious transport damage must be asserted by the buyer directly against the carrier.
9. Privacy
9.1. BODY CONNECT SRL's privacy notice pursuant to art. 13 Italian Legislative Decree. No. 196/2003 is located in the online shop itself and the buyer declares that he is aware of it.
10. Choice of Law and Venue
10.1 These GTC and the entire legal relationship between the parties are subject to the law of the Republic of Italy to the exclusion of private international law.
10.2 If the buyer is not a consumer within the meaning of consumer protection law, the province of Bolzano (Italy) is the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between BODY CONNECT SRL and the buyer.
11. Final Provisions
11.1 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions shall remain unaffected.
11.2 The buyer cannot assign claims against BODY CONNECT SRL.
11.3 Ancillary work, changes and additions to these General Terms and Conditions must be in writing.
11.4 The German version of these General Terms and Conditions is authoritative.
12. Online Arbitration
We already guarantee our participation in consumer disputes arising from this contract in connection with the online sale of goods and services between blackfocusnutrition.com and a consumer in the procedure for alternative dispute resolution at the ADR office "Onlineschlichter.it": Zwölfmalgreiner Str. 239100 Bolzano (BZ), Tel. 0471-975597, Fax 0471-979914.
The complaint to Onlineschlichter.it can be submitted via the website www.onlineschlichter.it. The complaint can also be submitted via the European Commission's ODR platform at http://ec.europa.eu/odr. Mail info@onlineschlichter.it, Website www.onlineschlichter.it