Terms of Service General Terms and Conditions of Sale of Notjustbodycare (Prima GmbH)
The present General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) of Prima S.r.l., having its office in I-39100 Bolzano, via Luis Zuegg 40, VAT no. 02583270216, e-mail: firstname.lastname@example.org, certified e-mail (pec): email@example.com, (hereinafter referred to as the “Seller”) apply to all contracts concluded by a private customer (hereinafter referred to as the “Customer”), which involve the supply of the products shown on the Seller’s online shop https://notjustbodycare.com/.
A private customer is any individual with legal capacity acting outside his or her profession or business activity when concluding the legal transaction.
Conclusion of contract
In general, the product descriptions shown in the Seller’s online shop are not binding, unless the binding nature has been expressly specified.
By ordering a product the Customer submits a binding offer.
The Customer may submit the offer by using the online order form available in the Seller’s online shop. Once the selected products and/or services are added to the virtual cart and the electronic order procedure is completed,by clicking on the proceed button, the Customer submits a legally binding order for the products and/or services placed in the cart. Additionally, the Customer may submit the offer to the Seller by phone, e-mail, or using the online contact form.
The Seller may accept the Customer’s offer within five days by charging the total price from the Customer’s bank account; the date on which the Customer’s account is charged shall be decisive in this respect.The deadline for the acceptance of the offer starts on the day after the submission of the offer by the Customer and ends upon expiry of the fifth day following the submission of the order. If the Seller does not accept the Customer’s offer within the above-mentioned deadline, the offer is deemed rejected and the Customer is no longer bound to his or her declaration of intent.
By submission of an offer through the Seller’s online order form, the Seller saves a copy of the contractual text, which is returned to the Customer, jointly with these General Terms and Conditions in writing (i.e., e-mail), after submission of the order. Furthermore, the contractual text is saved on the Seller’s website and may be accessed for free by the Customer through its password-protected customer account by using the relevant login data, subject to the condition that the Customer has created a customer account in the Seller’s online shop before submitting the order.
Contracts can be concluded in German, Italian or English only.
Usually, orders are processed, and contacts are established by e-mail and an automated order processing. The Customer must ensure that the e-mail address indicated for his/her order is correct, so as to receive the e-mails sent by the Seller via this e-mail address. More specifically, if spam filters are used, the Customer must ensure that all e-mails sent by the Seller or by third parties engaged by the same to process the order can be received.
Prices and terms of payment
Provided that the Seller’s product description does not state otherwise, the specified prices are shown in Euros and include statutory VAT. All packaging and delivery costs, transport and insurance fees (especially transport insurance), customs duties and taxes, if any, are charged separately.
Payment is made by VISA or MasterCard credit cards.
Terms and Conditions of delivery and shipment
Unless otherwise agreed upon, goods are dispatched to the delivery address indicated by the Customer. The delivery address is indicated by the Seller during the order process is decisive.
The Seller is allowed to make partial deliveries.
The Seller reserves the right to withdraw from the contract in the event of untrue or irregular deliveries by its own suppliers. This applies only if the delivery failure is not referable to the Seller. If goods are not or only partially available, the Customer shall be informed immediately and be reimbursed without any delay.
The risk of accidental loss and deterioration of the sold goods is transferred to the Customer as soon as the Customer or a third party chosen by the Customer takes possession of the goods, apart from the carrier or shipper. If the carrier or shipper is chosen by the Customer, the risk of accidental loss and accidental deterioration is transferred to the Customer as soon as the goods are handed over to the carrier or the shipper.
If the shipping of goods is delayed due to reasons referable to the Customer, the risk is transferred to the Customer already upon notice of readiness for shipping. After the transfer of risk, storage costs, if any, are borne by the Customer.
If the goods must be picked up by the Customer, the Seller informs the Customer by e-mail that the goods are ready to be picked up. After the receipt of this e-mail the Customer may pick up the goods upon agreement with the Seller. No shipping costs are charged in such case.
Deliveries in Italy are free of charge for orders above EUR 190.00, VAT included. A flat-rate shipping fee of EUR 9,00 is charged to orders with lower values.Deliveries to Germany and Austria are also free of charge for order above EUR 190.00 VAT included. Otherwise, a flat-rate shipping fee of EUR 19.00 will be charged. Deliveries to Switzerland are free of charge for order values above EUR 190.00, VAT included. Otherwise, a flat-rate shipping fee of EUR 45.00 will be charged. Shipping fees to other than the above-mentioned countries are determined by the Seller from time to time.
RETURNS AND REFUNDS POLICY
The Customer is entitled to withdraw from this sales contract, within fourteen days, without specifying any reason. The withdrawal deadline shall be fourteen days from the date on which the Customer took possession of the goods. The withdrawal from this contract is made by a clear written statement of intent to the Seller (i.e., e-mail or letter).
In such case the goods must be returned or re-consigned to the Seller without any delay and within fourteen days from the day on which the Seller has been informed about the withdrawal from contract. The deadline is met, if it is proved that the goods have been returned before the expiry of the fourteen days deadline.
In the event of withdrawal from the contract the Seller shall reimburse the purchase price and the shipping fees to the Customer. The shipping fees for redelivery of the goods shall also be borne by the Seller, provided that the shipment is the most economic shipment offered by the Seller.The returned parcel must specify the reason of return, the Customer’s name and the order number in order to allocate the returned goods.
The purchase price and the shipment fees shall be refunded without any delay and within 14 days of the receipt of the notice of withdrawal by the Seller. The same payment used by the Customer shall be used for refund, unless something else is expressly agreed with the Customer. No refund fees shall be charged to the Customer. Optionally, the refund may be withheld by the Seller until the goods have been redelivered or until the Customer has provided proof of return of the goods, if earlier.
The Customer shall be made liable for loss of value of the goods only if such loss of value is attributable to himself by improper handling of the goods.
Pursuant to section 49 of the Italian Consumer Code (legislative decree n. 206/2005) the Customer may file a complaint against the Seller. Such complaint is valid if it is submitted in writing by mail or e-mail to Prima Srl, via Luis Zuegg 40, 39100 Bolzano, Italy.
Upon occurrence of events of force majeure which affect the performance of the contract the Seller is entitled to delay of delivery for the duration of the hindrance and in the event of long-term hindrance to withdraw, fully or partially from the contract. No further claims against the Seller may be derived thereof. Force majeure shall cover all events that are unforeseeable by the Seller or all events that, even if foreseeable, are outside the Seller’s control and whose effects on the performance of the contract cannot be prevented by the Seller’s reasonable efforts. Any statutory claims of the Customer shall remain unaffected.
Delay in performance
Delivery deadlines, if any, are specified in working days and are indicative only. In the event of a delay in delivery, if any, the Customer is neither entitled to terminate the contract nor to claim damages.
In the event of delayed delivery, the Customer may demand the delivery of the goods within a reasonable term. Otherwise, the Customer shall be entitled to terminate the contract, subject to any claims for damages.
Reservation of title
The Seller reserves title of the delivered goods until the price owed is fully paid.
If the goods are defective the provisions contained in section 128 et seq. of the Italian Consumer Code (legislative decree 206/2005) shall apply.
In the event of lack of compliance of the goods, the Customer shall be entitled to request that the goods are repaired or replaced, provided that such repair or replacement is not objectively impossible or excessively burdensome for the Seller.
In the cases provided for under section 130 (no. 7) of the Italian Consumer Code (legislative decree 206/2005), the Customer may demand either a reduction of the purchase price or the termination of the contract. A termination of the contract for minor defects is excluded.
Defects must be notified within the expiry term of two months from discovery. This is not necessary, if the Seller has acknowledged the defect or in the case the defects are hidden.
The Seller shall be liable for two years from the date of delivery of the goods.
The right to take legal action shall be time-barred within 26 months from the date of delivery of the goods.
The Seller is liable for any contractual and legal claims of the Customer, including tortious claims for damages, as follows: The Seller is fully liable for any legal grounds
a) in the event of intent or gross negligence,
b) intentional or negligent harm to life, to the human body or to health,
c) promise of warranty, unless otherwise provided for in this regard.
Liability is excluded in all other cases, except for the cases provided under section 33 and section 34 of the Italian Consumer Code (legislative decree 206/2005).
The above liability provisions apply even with reference to the Seller’s liability for agents and legal representatives.
Express termination clause
The Seller reserves the right to expressly terminate the contract in the event of total or partial failure by the Customer to pay for the goods, as provided for under section 1456 of the Italian civil code.
Sole court of jurisdiction and applicable law
Any dispute arising from these GTCS shall be settled before the arbitration board (consumer alternative dispute resolution) of the Bolzano Chamber of Commerce. Alternatively, consumers may settle the dispute via the online platform of the European Union for alternative dispute resolution available at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
If parties address the ordinary court, the place of jurisdiction shall be the one in which the consumer has his habitual residence, provided that the consumer is the defendant. If the consumer acts as a plaintiff, the consumer may choose the court of the member state in which he or she has his or her habitual residence or in which the Seller has its registered office.
After the dispute has arisen, the parties may choose the sole court of jurisdiction of a Member State by mutual agreement at any time.
The applicable law is Italian law. However, the consumer shall not be deprived of the protection offered to him or her by the law of an EU member state in which he or she has his or her habitual residence.
If a single provision contained in these GTCS are or become ineffective or unenforceable upon conclusion of the contract, this shall not affect the effectiveness of the remaining provisions of these GTCS. The ineffective or unenforceable provision shall be replaced by such an effective and enforceable provision that comes closest to the effects of the economic purpose intended by the parties in framing the ineffective and/or unenforceable provision. The above provisions apply, mutatis mutandis, to any gaps contained in these GTCS.
The personal data is made available, collected, stored and used solely for the purposes useful to and connected to the conclusion and the execution of the contract, including to the activities set up by the Seller in order to contact, to acquire, to manage and to execute orders, to formalize, to manage and to control the relationship with the Customer as well as in order to comply with the administrative, legal and tax requirements and obligations connected to the orders made by the Customer. The data made available may be used as well for the Seller’s marketing and advertising purposes (receipt of newsletters, ads, offers etc. by e-mail, SMS, MMS, by mail etc.), since the Customer has given express consent thereto, as provided for under section 130 of the Italian legislative decree no. 196/2003 on personal data protection and article 4 (11) and article 7 General data protection regulation (EU) 2016/679 (GDPR). The complete information on data processing is available on https://notjustbodycare.com/.
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