GENERAL CONDITIONS OF ONLINE SALES CONTRACT
These general terms and conditions govern the relationship between the CONSUMER and EKO SRL – VAT No. 10511310152, with registered office in Milan, Via Gioberti No. 1, and operational headquarters at VIA NUMA POMPILIO 12 – CAP 20123 – MILAN (MI) – Company Register No. MI- 1379260 – (hereinafter the “SUPPLIER”) for the purchase of products marketed and made available through the website www.bioeko.it.
The Supplier can be contacted at info@bioeko.it, at the certified email address eko@ztpec.it, or by telephone at +39 02 48001320, Monday to Friday, during the following hours: 9:00 am – 12:00 pm and 2:00 pm – 4:00 pm.
- Definitions
1.1. The term “online sales contract” means the contract of sale relating to the Supplier’s tangible movable goods, entered into between the Supplier and the Consumer as part of a remote selling system via electronic means, organized by the Supplier.
1.2. The term “Consumer” means the natural person who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity.
1.3. The term “Supplier” means the entity indicated in the preface or the provider of information services.
- Object of the contract
2.1. Under this contract, the Supplier sells and the Consumer purchases remotely via electronic means the products listed and offered for sale on the website https://www.bioeko.it.
2.2. The products referred to in the previous point are illustrated on the web page https://www.bioeko.it/shop
- Method of entering into the contract
3.1 The contract between the Supplier and the Consumer is concluded exclusively online when the Consumer accesses the address https://www.bioeko.it, where, following the indicated procedures, the Buyer will formalize the contract for the purchase of the goods referred to in point 2.1 of the previous article.
3.2 The Consumer is invited to print or save these General Conditions in their preferred format. In the event of changes to the General Conditions, the General Conditions published on the Site at the time the Consumer places the Order will apply to the purchase order. The Consumer must have read the privacy policy before selecting the desired payment method and confirming the purchase order. By accepting these General Conditions, the Consumer confirms that he or she is of legal age, has full legal authority (either directly or with the authorization of a third party), and understands the essential characteristics of the products being purchased.
3.3 The Supplier is not responsible in the event that the Consumer enters incorrect, untrue or fictitious data.
- Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by correctly completing the application form and expressing consent to the purchase by submitting the online application or by completing the form attached to the online electronic catalog. This form must be viewed before a printable order summary web page is displayed, which contains the details of the customer and the order, the price of the purchased item, shipping costs and any additional charges, payment methods and terms, and the delivery address.
4.2. The contract is deemed concluded when the order placed by the Consumer is confirmed by the Supplier via an “order confirmation” sent by email or by viewing a printable order confirmation and summary web page, which also contains the information referred to in the previous point.
In the event of problems that prevent the order confirmation from being processed, the Consumer will be contacted directly by the Supplier for appropriate communications and arrangements.
4.3. The contract shall not be considered finalized and effective between the parties unless the provisions of the previous paragraph are complied with.
4.4. The conclusion of the contract, for all legal purposes, is subject to the following conditions:
the Consumer’s compliance with the purchase procedure described on the Website;
the availability of all requested Products within the timeframes indicated by the Supplier;
authorization to debit the account from the company managing the selected payment method.
4.5. It is further understood that the Supplier shall have the full, complete, and unconditional right, which it shall not exercise in a discriminatory manner, to accept, in whole or in part, orders submitted by the Consumer, or to reject them.
4.6 The Supplier shall not be liable for any malfunctions in the data transmission network attributable to the operator.
4.7 The purchase order form will be archived in the Website’s database and will be available for direct consultation by the Consumer through the “Your Account” section.
- Payment and refund methods
5.1. All payments by the Buyer may only be made using one of the following methods:
Credit Card, PayPal, Satispay, or Advance Bank Transfer.
Credit Card or rechargeable prepaid card (VISA, Mastercard, Maestro). Payment is made on a secure site, which protects personal data with an SSL certificate.
PayPal
Satispay
Bank Transfer
The transfer must be made out to:
Eko srl – IBAN: IT 63 G 030 6909 4571 0000 0005 634
indicating the order number shown on the order confirmation in the reason for payment.
The order will be processed upon receipt of payment confirmation. To expedite processing, we recommend sending a copy of the payment by email to info@bioeko.it.
It is important and necessary to provide a telephone number to facilitate and guarantee delivery.
5.2. Any refunds to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, promptly and, in the event of the exercise of the right of withdrawal, as governed by clause 13, point 2 et seq. of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments are made on a dedicated Supplier line protected by an encrypted system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation regarding the protection of personal data.
- Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or indicated on the website at the time of the offer, as confirmed in the email referred to in point 4.2.
6.2. Shipping times may vary from the day of payment for the order to a maximum of 5 business days from order confirmation. If the Supplier is unable to ship within this timeframe, but still within the timeframe indicated in the following point, the Buyer will be promptly notified by email.
- Prices and delivery costs
7.1. All product prices displayed and indicated on the website https://www.bioeko.it/shop are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
7.2. The sales prices referred to in the previous paragraph include VAT and any other applicable taxes. Shipping costs and any additional charges, if any, while not included in the purchase price, are indicated and calculated during the purchase process before the buyer submits the order and are also included on the order summary web page.
7.3 Within Italy, standard shipping costs vary based on the weight-to-volume ratio.
Up to 6.4 kg/vol = €9
From 6.4 to 10.5 kg/vol = €10
From 10.5 to 21 kg/vol = €12.5
From 21 to 30 kg/vol = €14
From 30 to 50 kg/vol = €18
From 50 to 70 kg/vol = €21
From 70 to 100 kg/vol = €25
For shipments with a higher weight/volume ratio, we are available to develop a customized solution.
All shipping prices include VAT.
7.4 The Supplier constantly verifies that all prices are accurate, but this cannot guarantee the absolute absence of errors. In the event of a price error, the Retailer will allow the Consumer to reconfirm the purchase of the products at the correct price or cancel it.
7.5. Prices indicated for each product offered to the public
7.6. Receipt issuance
The receipt will be issued upon shipment and sent to the customer along with the goods.
For any questions or clarifications, please contact us at: info@bioeko.it
- Product Availability
8.1. The Supplier ensures the prompt processing and fulfillment of orders through its electronic system. To this end, it displays in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.
8.2. If an order exceeds the quantity available in stock, the Supplier will notify the Buyer via email whether the item is no longer available or how long it will take to receive the selected item, asking whether the Buyer wishes to confirm the order.
8.3. The Supplier’s IT system will confirm the order registration as quickly as possible by sending the user a confirmation email, pursuant to section 4.2.
- Limitations of liability
9.1. The Supplier assumes no liability for disruptions attributable to force majeure in the event it is unable to fulfill the order within the timeframe stipulated in the contract. 9.2. The Supplier shall not be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the Internet beyond its control or that of its subcontractors.
9.3. The Supplier shall also not be liable for damages, losses, and costs incurred by the Buyer as a result of failure to fulfill the contract for reasons not attributable to it. The Buyer shall only be entitled to a full refund of the price paid and any additional costs incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use by third parties of credit cards, checks, or other means of payment when paying for purchased products, provided it can demonstrate that it has taken all possible precautions based on the best knowledge and experience available at the time and in accordance with ordinary diligence. 9.5. Under no circumstances will the Buyer be held liable for delays or errors in payment if it can demonstrate that it has made the payment within the timeframe and methods indicated by the Supplier.
10. Guarantees and defects of conformity
10.1 In the event of a lack of conformity in Products sold by the Supplier, the Customer must contact the Supplier immediately by email at info@bioeko.it, by certified email at eko@ztpec.it, or by telephone at +39 02 48001320.
10.2 The legal guarantees set forth in Articles 129, 130, and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his or her discretion and provided that the type of Product allows it, to have the Product restored to conformity free of charge by replacement, or to an appropriate price reduction, or to terminate the contract. The Customer forfeits these rights if he or she fails to notify the Supplier of the lack of conformity within two months of discovering the defect.
10.3 The Supplier’s guarantee of conformity and quality for shipped goods is strictly limited to compensation to the buyer in the form of a refund. In particular, the Supplier will not be liable for any direct or indirect damages resulting from a defect in the goods. It is understood that the Supplier will not take into account complaints reported after the aforementioned deadlines.
10.4. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where applicable, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods held up to the consumer as a model; c) they exhibit the quality and performance that are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and, where applicable, public statements about the specific characteristics of the goods made by the seller, the manufacturer, or their agent or representative, particularly in advertising or on labeling.
- Buyer’s Obligations
11.1. The Buyer agrees to pay the price of the purchased item within the time and manner specified in the contract.
11.2. The Buyer agrees, once the online purchase process has been completed, to print and retain this contract.
11.3. The information contained in this contract has already been reviewed and accepted by the Buyer, who acknowledges this, as this step is mandatory before confirming the purchase.
11.4 The Buyer is required to check:
that the number of packages delivered corresponds to that indicated on the shipping document
that the packaging is intact, not damaged, not wet, or otherwise altered, including the sealing materials (adhesive tape or metal straps).
11.5 Any damage to the packaging and/or product, or any discrepancy in the number of packages or information, must be immediately reported by writing a WRITTEN RESERVATION OF INSPECTION on the courier’s proof of delivery, specifying the reason for the reservation (for example: crushed packaging, holes, etc.). The buyer is required to send a notification of “withdrawal with reservation” to info@bioeko.it or eko@ztpec.it, also attaching photographs proving the defect. Once the courier’s document has been signed, the buyer will not be able to raise any objections regarding the external characteristics of the delivered goods. Any problems regarding the physical integrity, correspondence, or completeness of the products received must be reported within 2 days of delivery, according to the methods set out in this document.
- Right of withdrawal
12.1. The Buyer has the right to withdraw from the contract without penalty and without specifying the reason, within 14 (fourteen) working days from the date of receipt of the purchased goods.
12.2. If the Buyer decides to exercise the right of withdrawal, he or she must notify the seller by registered mail with return receipt to Eko Srl, Via Numa Pompilio 12 – 20123 Milan, or by email to eko@ztpec.it, provided that such communications are confirmed by sending a registered letter with return receipt to Eko Srl, Via Numa Pompilio 12 – 20123 Milan, within the following 48 (forty-eight) hours, or by certified email to eko@ztpec.it. For the purposes of exercising the right of withdrawal, the sending of the notice may be validly replaced by the return of the purchased item, provided that this is done within the same timeframe. The date of delivery to the post office or shipping agent will be the determining factor between the parties.
12.3. The returned item must, in any case, take place no later than 30 (thirty) days from the date of receipt of the item. In any case, to be entitled to a full refund of the price paid, the item must be returned intact and, in any case, in normal condition.
12.4. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the item to the Supplier, unless the Supplier agrees to cover them.
12.5. The Supplier will refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receiving the notice of withdrawal.
12.6. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
- Causes for termination
13.1. The obligations set forth in paragraph 11, undertaken by the Buyer, as well as the guarantee of successful payment that the Buyer makes using the methods set forth in art. 5.1, and also the exact fulfillment of the obligations undertaken by the Supplier in point 6, are of an essential nature, so that by express agreement, the failure to fulfill even one of said obligations, unless caused by fortuitous event or force majeure, will result in the termination of the contract by operation of law pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling.
- Protection of confidentiality and processing of Buyer data
14.1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree No. 1961 of June 30, 2003.
14.2. Personal data, including personal and tax information, acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, electronic, and telematic form, in accordance with the processing methods, for the purpose of registering the order and initiating the procedures for the execution of this contract and the related necessary communications, in addition to fulfilling any legal obligations, and to enable effective management of commercial relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b), Legislative Decree 196/2003).
14.3. The Supplier undertakes to treat the data and information provided by the Buyer as confidential and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. 1. General Provision of the Italian Data Protection Authority Simplifications of Certain Obligations in the Public and Private Sectors with Respect to Processing for Administrative and Accounting Purposes of June 19, 2008, published in the Official Journal of July 1, 2008, No. 152. 2. General Provision of the Italian Data Protection Authority Practical Guide to Simplification Measures for Small and Medium-Sized Enterprises of May 24, 2007, published in the Official Journal of June 21, 2007, No. 142. Such data may be disclosed only upon request by judicial authorities or other authorities authorized by law.
14.4. Personal data will be communicated, subject to the signing of a confidentiality agreement, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose. 15.5. The Buyer enjoys the rights set forth in Article 7 of Legislative Decree 196/2003, namely the right to obtain: a) the updating, rectification or, when interested, the integration of data; b) the deletion, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is unnecessary for the purposes for which the data was collected or subsequently processed; c) certification that the operations referred to in letters a) and b) have been notified, including their content, to those to whom the data was communicated or disseminated, except where such disclosure proves impossible or involves a manifestly disproportionate effort compared to the right being protected. The interested party also has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him or her, even if pertinent to the purpose of collection; or to the processing of personal data concerning him or her for the purposes of sending advertising or direct sales materials, or for conducting market research or commercial communications.
14.5. The provision of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failure to provide such information will prevent the Buyer’s request from being processed.
14.6. In any case, the acquired data will be retained for a period of time no longer than necessary for the purposes for which it was collected or subsequently processed. In any case, its removal will be carried out securely.
14.7. The data controller responsible for the collection and processing of personal data is the Supplier, to whom the buyer may address any requests at the company headquarters.
14.8 Anything received at the Supplier’s email address (including email) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others, and must contain valid, truthful, and non-infringing information. In any case, the Supplier cannot be held liable for the content of such messages.
- Contract storage methods
15.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper format on the server/at the Supplier’s headquarters, according to confidentiality and security criteria.
- Comunicazioni e reclami
16.1. Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: Eko srl Via Numa Pompilio 12 – 20123 Milan, or by email to the following address: eko@ztpec.it. The Buyer indicates in the registration form his/her residence or domicile, telephone number, or email address to which he/she wishes the Supplier’s communications to be sent. 3 “Unless the Supplier has appointed a responsible person in the person of Mr. Marco Calderoni.”
17. Dispute resolution
17.1. All disputes arising from this contract will be submitted to a conciliation attempt by the Mediation Body of the Milan Chamber of Commerce and resolved in accordance with the Conciliation Rules adopted by the same.
17.2. If the Parties intend to refer the matter to the ordinary judicial authorities, the competent court is that of the consumer’s place of residence or domicile, which is mandatory pursuant to Article 33, paragraph 2, letter u) of the Consumer Code.
- Applicable law and referral
18.1. This agreement is governed by Italian law.
18.2. For anything not expressly provided for herein, the laws applicable to the relationships and situations envisaged in this agreement shall apply, in particular Article 5 of the Rome Convention of 1980.
18.3 Pursuant to Article 60 of the Consumer Code, the provisions of Part III, Title III, Chapter I of the Consumer Code are expressly referred to herein. Final Clause This agreement supersedes and replaces any prior agreement, understanding, or negotiation, whether written or oral, between the parties concerning the subject matter of this agreement.