General conditions of sale
General conditions of sale
Art. 1 – General provisions
- The present website www.bivo.it (in the following the “Site”) is owned by Ovidia Food Srl, company incorporated under Italian law, with registered office in Via Lago Trasimeno 71, 36100 Vicenza (VI), tax code and VAT number 04026260242, registered at REA n. VI – 373063 (in the following called also “Company”).
- The present General conditions of sale (in the following “Conditions”) rule the use of the Site by who will enter the Site (in the following the “User”) and regulate the sale by the Company of the products indicated on the Site, according to the forms and manners established in the Conditions.
- The present Conditions can be updated or modified at any time by Ovidia Food Srl, which will communicate the update or modification on the Site. Any potential new Conditions will be effective from the moment of its publication at www.bivo.it and will be applied only to sales which will be concluded thereafter.
- Browsing and transmitting a purchase order through the present website implicate the acceptance of the Conditions indicated on the Site at the moment of the transmission of the order. The User is therefore required to read carefully the present Conditions and to conserve a copy before using the Site and send orders through the Site itself.
- It is possible to use the Site and therefore to purchase the products offered by the same Site both in Italian and in English.
Art. 2 – Object of the sale
- The present Conditions will apply exclusively to the purchase by consumer Users of the products sold by Ovidia Food Srl on www.bivo.it through the same Site, according to the Italian law on the subject of the sale of consumer goods (D.lgs. n. 206/05 modified by D.lgs. n. 21/14 e D.lgs. 70/03). The Company reserves the right not to process the orders received by Users which are not “Consumers” in the term of the law indicated above or orders which are not sent according to the procedure described in the present document.
- The present Conditions will not regulate the supply of services nor the sale of products by subject other than Ovidia Food Srl, which can be present on the Site via link, banner or other hypertext link.
- The products sold by Ovidia Food Srl on www.bivo.it are the ones indicated at the section “Products”. The products indicated and the prices of the products are valid as soon as they are still visible on the Site and until the depletion of all stocks. Ovidia Food Srl reserves the right to vary what is offered in the page “Products” at any time and without notice.
- The images, the pictures and the videos of the products visible on the Site, included the ones linked with hypertext link, are indicative. Without any indications on the notes of the order the User cannot file a complaint about the lack of accordance of the products with the images, picture and videos visible on the Site.
Art. 3 – Registration and usage of the Site
- In order to make an order through the website www.bivo.it as a registered User it is necessary to fill in the login procedure in the section “Account”.
- While completing the login procedure, the User is obliged to follow the indications present on the Site and to give her personal data, which has to be true and fair. The confirmation of the conclusion of the registration process exempts in any case Ovidia Food Srl from any responsibility for the data given by the User. Any time the User wants to make new orders, commits herself to promptly inform Ovidia Food Srl of any variation on the personal data previously communicated.
- In order to make an order through the website www.bivo.it without being a registered User it is necessary to fill in the User’s data on the page “Checkout”. Also with this procedure the User is obliged to follow what has been established at the previous paragraph (Art. 3.2).
- Making an order through this website, the User guarantee to be more than 18 years old and to possess the legal faculty of stipulating binding contracts.
Art. 4 – Placing of the order
- The information included in the present Conditions and the details contained in the Site do not constitute a public offering, but a simple invitation to formulate a contractual proposal to be made by the User.
- The proposal to the User is displayed through the transmission of a purchase order intended for the Company, according to the procedure indicated on the following paragraph (Art. 4.3) and only after expressed acceptance of the present Conditions.
- In order to send a purchase order of one or more products the User can optionally login at the page “Account” of the site. There is anyway the possibility to make a order without being a registered User. The User, registered or not registered, had to go to the page “Products” present on the Site and can pick from that page the products that the User wants to add to the cart, clicking on the button “Add to cart”. Adding a product to the cart can also be done from the page of the single product, which can be entered clicking from the page “Products” on the button “Go to details”. From the page of the single product clicking on the button “Add to cart” the product is added to the cart. It is possible also to indicate the quantity of articles to be added for any given product (the minimum quantity is 1). In any case, for any click on the button “Add to cart” a product is added on the cart (for instance, clicking twice on the button “Add to cart” from the product page of Bivo Mix, we will add two times the product Bivo Mix to the cart). In order to complete the purchase, the User has to click in the upper right corner of the site on the blu icon which represents a stylised cart (page Cart). From the resulting page it is also possible to ask for the shipment of the free shaker. The free shaker will be shipped only in the case that the User is making her first order of Bivo meals (it is not sufficient to purchase the product Bivo Shaker to be entitled to the free shaker, but it is necessary to purchase at least one of the following products: Bivo Mix, Bivo Natural, Bivo Coffee, Bivo Mixed Berry, Bivo Mango and Bivo Cocco). From the Cart page it is also possible to calculate the shipping costs, click on “Calculate shipping” and indicating the country of destination of the goods. Clicking on “Proceed to checkout” the User enters another page in the purchasing process: Checkout. In this page the User can login to his/her Account, if the User have not done it before. If the User has no Account, the User has to give all the details required, which are necessary to the delivery of the products, choosing if she wants to create a new Account. The User has in any case to indicate her favourite payment method between the methods allowed:
Credit card or prepaid card: if the User wants this payment method she has to flag it and then click on the button “Place order”. The transaction will be concluded on the Banca Sella Gestpay platform.
PayPal: if the User wants this payment method she has to flag it and then click on the button “Place order”. The transaction will be concluded on the PayPal platform.
Bonk transfer: if the User wants this payment method she has to flag it and then click on the button “Place order”. At this point the order will be received by Ovidia Food Srl and the User will have to make the bank transfer, following what is indicated in the Site. The order will be shipped as soon as the payment is credited to the bank account of Ovidia Food Srl.
- The contract is concluded in the moment when Ovidia Food Srl will send to the e-mail address of the User the confirmation of the acceptance of the order received (Order Confirmation). We highlight that the order confirmation e-mail it is not the one automatically generated by the website after the reception of the same order.
- If the order of the User is accepted, while the User has already paid, the paid amount will be entirely reimbursed by the Company.
- The object of the contract are uniquely the products indicated in the email automatically generated by the system, sent before the Order Confirmation e-mail.
Art. 5 – Products availability
- The products availability considers the real availability at the moment when the User makes the order. That availability has to be considered anyway approximate because for any cause the products could have been already sold to other customers before the order confirmation (for example, for the simultaneous presence of many Users on the Site the Products already ordered could be partially or totally not available anymore).
- Also after the despatch of the order confirmation e-mail some cases of unavailability can happen. In this case, the order will be automatically rectified with the elimination of the unavailable product and the User will immediately be informed by e-mail and immediately reimbursed of what she had already paid.
Art. 6 – Selling and shipping prices
- The price of the products is what is indicated at any given time on the Site, unless the is a clear mistake.
- In case there is a mistake in the price, Ovidia Food Srl will notify the User before the conclusion of the contract in order to allow the User, if she wants, to reformulate her purchasing order. There is no obligation for Ovidia Food Srl to supply what is shown on the Site at the price wrongly indicate, even if the Order Confirmation has been already sent to the User.
- All the selling prices exposed on the page “Products” of the present site are indicated with the inclusion of VAT.
- Possible variations of the price will be applicable also to the products already included on the cart, for any purchase which will not be already concluded before the variation, according to the procedure described under Art. 4.3.
- The shipment costs are at the expenses of the User and are explicitly highlighted at the moment in which the order is made.
Art. 7 – Payment methods
- The User can pay the ordered goods through one of the following method:
- a) Credit card or prepaid card accepted via the Banca Sella Gestpay platform;
- b) PayPal prepaid account;
- c) Bank transfer to the following account:
Ovidia Food Srl
Via Lago Trasimeno 71, 36100 Vicenza, Italia
Banca Sella Nord Est, filiale di Vicenza, viale Verona 12, 36100 Vicenza, Italia
(In the reason for payment please indicate the name of the User and use the order ID contained in the email automatically generated by the system, sent before the Order Confirmation e-mail.)
- Filling in the space provided, present on the website of the bank payment system, the User authorizes Ovidia Food Srl to use her credit card, or other card emitted in substitution of the same card, and to charge on her account in favour of the Company the amount indicated as the total cost of the purchase made online.
All the procedure is made via secure connection directly connected to the bank system which manage the payment service, to which Ovidia Food Srl cannot access. In case the purchase will not be concluded, the amount to be reimburse will be credited with the same means that the User used.
Art. 8 – Delivery
- Ovidia Food Srl will deliver to its customers the ordered products via carriers and/or shippers of trust.
- The delivery will be done within the deadline of 90 working day from the day of the dispatch to the User of the Order Confirmation e-mail.
- In order to verify the observance of the delivery deadline it should be considered the date of the first attempt to deliver at the address indicated by the User at the moment of the order, even if the attempt is not successful because the recipient is absent or the goods are rejected.
- If the delivery cannot be completed for reasons beyond the control of the Company or the carrier instructed by the same Company, after 30 days from the date of the first attempt the contract is terminated. Because of the termination of the contract, the User will be reimbursed of the amount paid, included the shipment costs (with the exclusion of possible additional costs due to the choice, made by the User, of a different shipment method than the ordinary one offered by the Company) without undue delay and, in any case, within 120 days from the date of the termination of the contract.
- The transport deriving from the termination of the contract could possibly have additional costs which will be paid by the User.
Art. 9 – Reception of the goods
- The User, at the moment of the reception of the goods, has to examine the entirety of the goods and the content received.
- Possible damages or the lack of conformity with the number of packages or with the indications have to be immediately notified to the carrier, placing the writing “Goods unchecked” on the waybill and immediately confirmed with a notification to the following address: email@example.com.
- The acceptance of the goods without any notification given to the carrier, imply that it will not be possible to complain to Ovidia Food Srl possible shortfall or damages due to transportation, but they can exclusively complain to the carrier. Possible anomaly (example: theft or shortages), shall be notified via registered letter (art. 1898 c.c.) to the address of the registered office of Ovidia Food Srl, Via Lago Trasimeno 71, 36100 Vicenza – Italy, and via email to be sent to firstname.lastname@example.org within 8 working days from the reception. Any notification after this deadline will not be considered. For any declaration, the User takes full responsibility of what has been declared.
Art. 10 – Product quality assurance
- Ovidia Food Srl gives to its products the assurances which are mandatory according to national and European law.
- The assurance fails if from the packaging will be removed, altered or is unreadable the part where it is written the serial number and the expiration date of the product.
Art. 11 – Right of withdrawal
Right of withdrawal by law
If the User is contracting as a consumer, she will have the right to withdraw from the Contract within a term of 14 days without giving any motivations.
The period of termination of which we wrote in the previous paragraph ends after the 14 days from the day when the User, or a third party, different than the carrier or the named User, takes physical posses of the goods or, in case of multiple goods ordered via one single order and separately delivered, ends after one day from the day in which the User or a third party, different than the carrier or the named User, takes physical possess of the last good.
In order to exercise the right of withdrawal, the User needs to inform us, writing to Ovidia Food Srl, Via Lago Trasimeno 71, 36100 Vicenza (VI), Italy, of her decision of withdraw from the Contract via an explicit declaration (for example a registered letter via mail).
To respect the terms of the withdrawal, the User has to send a communication related to the exercise of the right to withdrawal before the expiration of the period of withdrawal.
Effects of the withdrawal
If the User withdraws from the Contract, all the payments that she has done to Ovidia Food Srl will be reimbursed to the User, included the shipment costs (with the exception of the additional costs deriving from the possible choice of the User of a kind of delivery different than the less expensive standard delivery offered by us), without undue delay and in any case not after one day from the day in which we will be informed of the decision of the User to withdraw from the Contract. Those reimbursements will be done using the same means of payment used by the User at the moment of the initial transaction. In any case, the User shall not bear any cost as a consequence of the same reimbursement.
Even considering what we have written above, the reimbursement can be suspended until the reception of the goods or until the demonstration by the User that she has already returned the goods.
The User is asked to return the goods to Ovidia Food Srl, Via Lago Trasimeno 71, 36100 Vicenza (VI), Italy, without undue delay and, in any case, within one day from the day in which she has communicated to us her withdrawal from the Contract. The term is respected if the User return the goods before the deadline of the period of one day.
The direct costs of the return of the good are at the expenses of the User.
The User is responsible only of the reduction the of the value of goods resulting from a manipulation of the goods different than what was necessary to assess the nature, characteristics and functioning of the goods.
Art. 12 – Complaints
Any complaint shall be written by e-mail to the address: email@example.com, with the concise indication of the reasons why the complaint is made. The User will receive a confirmation e-mail that confirm the opening of the complaint procedure within the following 10 (ten) working days; with the same communication the instruction for the definition of the procedure will be given. The possible return of the product will be made by and at the expense of the User, to whom will be totally reimbursed the amount paid within 30 days from the reception of the return, in the case where the fault is spotted
The return shall be made by the User in such a way that will allow the Company to easily verify the existence of the complained fault.
Art. 13 – Processing of data
Art. 14 – Not consumers
The Users which are “not consumers” for possible orders can directly address the Company via communications to be sent at the following address: firstname.lastname@example.org.
Art. 15 – Applicable laws and court of jurisdiction
The usage of our website and the contract of purchasing the products through the same website are regulated by the Italian law. Any possible controversy deriving from or related to the usage of the website or to the same contracts will be under the non exclusive jurisdiction of Italian courts. If the User is concluding the Contract as a “consumer”, the present clause does not in any case prevent the User from the rights what the law recognises to the User as a consumer.
The present conditions have been written on the 01/03/2017