. 1 General provisions. Terms and Conditions of sale
By browsing this area, the user accesses BioDea belonging to the Bio-Esperia Srl company (www.biodea.bio). Browsing and transmitting a purchase order on the website implies the acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the BioDea website in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by:
Bio-Esperia Srl registered in the Perugia Registry of Businesses
via signorelli 3, Umbertide (PG)
VAT identification number 03791290541
. 1.1 Indication for the user
The user is required, before accessing the products provided by the website, to read the General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
The user is invited to download and print a copy of the purchase form and of the General Conditions of Sale, the terms of which BioDea reserves the right to modify unilaterally and without notice.
It is possible to use the website and then access products supplied by it and purchase them in the following languages:
. 2 Object
These General Terms and Conditions of Sale regulate the offer, the forwarding and the acceptance of purchase orders for products on BioDea and on the other hand they do not regulate the provision of services or the sale of products by parties other than the seller which are present on the same site through links, banners or other hypertext links.
Before placing orders and purchasing products and services from different subjects, we suggest you to check their conditions of sale.
. 3 Conclusion of the contract
In order to conclude the purchase contract, it will be necessary to fill in the form: the order in electronic format and send it following the related instructions.
It contains the reference to the General Terms and Conditions of Sale, the images of each product and its price, the means of payment that can be used, the delivery methods of the products purchased and the relative shipping and delivery costs, a kross reference to the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
The contract is concluded when the seller receives the order, after verifying the correctness of the data contained therein.
The buyer will be obliged to pay the price at the moment the online order forwarding procedure is completed.
This will happen by clicking on the button: Conclude the Order at the end of the wizard.
Once the contract is concluded, the seller takes charge of the order for its fulfillment. Depending on the method of payment and the shipping area, shipping times and methods may vary.
. 4 Registered Users
By completing the registration procedures, the user undertakes to follow the instructions on the website and to provide their personal data in a correct and truthful manner, including the data necessary for billing and telephone contact that can be provided to the affiliated couriers for the delivery of products.
The confirmation will in any case exempt BioDea from any responsibility for the data provided by the user. The user undertakes to promptly inform BioDea of any changes in their data at any time communicated.
If the user communicates inaccurate or incomplete data or even if there is a dispute by the interested parties about the payments made, BioDea will have the right not to activate or suspend the service until the related deficiencies are rectified.
. 4.1 Activation
During the user first requests for a profile activation, BioDea will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating the user’s access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect on him.
The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
. 5 Availability of the products
The availability of the products refers to the actual availability at the time the buyer places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order, in this case BioDea reserves the right to offer the customer a product similar or cancel and / or extend the order based on stock availability.
Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the eventual elimination and / or replacement proposal of the unavailable product for which the buyer will be immediately informed via e-mail pending acceptance.
If the buyer requests the cancellation of the order, by terminating the contract, BioDea will refund the amount paid within 15 days from the moment BioDea became aware of the buyer’s decision to terminate the contract by email.
. 6 Products
BioDea markets: agricultural products
The offer is detailed on the page www.biodea.bio/shop
. 7 Methods of payment and prices
The price of the products will be the one indicated eanch time on the website, unless there is an obvious error.
In case an error, BioDea will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, BioDea will not be obliged to supply the product at the incorrectly indicated lower price .
The prices of the site include VAT, while they do not include the shipping costs that are specified on the site. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has already been sent. Once the products have been selected, they will be added to the cart, and it will be simply to follow the purchase instructions, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
Payment can be made by: Paypal and bank transfer. In the case of a bank transfer, the processing time is subject to verification by the administration of the payment which may take up to 5 working days.
. 8 Delivery
BioDea ships to the following geographical areas: Italy. Delivery is free for orders over € 48.
Orders sent after 12.00 will be shipped the next day. Orders sent from 12.00 on Friday until 9.00 on Monday will be processed from 9.00 on Monday. Once the order has been processed, the customer will receive an email notification of the progress of his order and any tracking code for his package taken over by the courier.
The company will provide the affiliated couriers with all the personal information necessary for the delivery of the package. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
BioDea reserves all responsibility for damage and / or delays and non-deliveries by couriers, following the photographic documentation by the customer, the company will take care to communicate the incident to the courier and resolve the situation in the most appropriate times and ways.
Following the current situation due to the COVID19 health emergency, the couriers no longer provide the company with the customer signature of the delivery and it is therefore difficult to verify the shipments, in addition to possible delays and warehouse management problems by the latter, BioDea declines all responsibility and remembers that the delivery time is purely indicative and can be extended up to 25 working days. In view of the situation, we have extended the deadline for returns for online purchases to 100 days. We apologize for any inconvenience and thank you for your patience. Our customer service is available for any clarification and information regarding shipping via our firstname.lastname@example.org and our telephone contact from 9.00 to 15.00.
. 8. 1 Delivery failure
If delivery cannot take place for reasons not attributable to us after 25 days from the date on which the order is available for delivery, we will assume that the contract is intended to be concluded. As a result of its conclusion, the amounts will be returned, excluding delivery costs with the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay. In any case, the return must be made within 15 days from the date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be charged to the buyer.
Shipping costs are charged to the buyer and are explicitly highlighted at the time the order is placed.
. 9 Passing of risk
The risks relating to the products will be charged to the buyer from the time of delivery. The ownership of the products is considered acquired as soon as the full payment of all amounts due in relation to them is received, including shipping costs, or at the time of delivery, if this occurs at a later time.
BioDea declines all responsibility for incorrect storage, dosage and / or handling. By not exercising any control over the methods of use, BioDea assumes no responsibility for incorrect use of the product.
. 10 Warranty
The seller is responsible for any defect in the products offered on the website, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
If the buyer has entered into the contract as a consumer or any natural person who acts on the site for purposes unrelated to any business or professional activity carried out, this guarantee is valid provided that the defect occurs within 2 months from the date of delivery of products. The buyer must submit a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is correctly filled in.
. 10.1 Commercial compliance
In case of non-compliance, the buyer who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract in relation to the disputed goods and the consequent refund of the price.
All return costs for defective products will be charged to the seller.
. 11 Withdraw
In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 15 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
In the case of multiple purchases made by the buyer with a single order and delivered separately, the term of 30 days starts from the date of receipt of the last product.
The buyer who intends to exercise the right of withdrawal must notify BioDea by means of an explicit declaration, which can be sent by e-mail to email@example.com, from which he will have to wait for confirmation that he has taken charge of the withdrawal.
The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not mandatory.
The goods must be returned to:
Via delle Case Rosse, 16 – Civitella in Val di Chiana 52041 Arezzo
. 11.1 Return of Goods
The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 15 days, excluding any shipping costs.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until the goods are received or until the buyer demonstrates that he has returned the goods. The credit of the sum of the purchase price (excluding the initial shipment and the return shipment) is returned by bank transfer.
. 12 Data processing
We remind you that you can unsubscribe by sending a request to via pec: firstname.lastname@example.org or registered letter with return receipt to Esperia Srl, Via delle Case Rosse, 16 Loc. Tuori, 52041 Civitella in Val di Chiana (AR) .; in case of failure to request cancellation, you AGREE pursuant to and for the purposes of Article 7 and following of Regulation (EU) 2016/679, to the processing of personal data, according to the methods and within the limits of this information, which declares to have viewed.
. 13 Safeguard clause
In case that one of the clauses of these General Terms and Conditions of Sale is null for any reason, this will not compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
. 14 Contacts
Any request for information can be sent by email to the following address email@example.com by telephone to the following address: Esperia Srl + 39 0575 1785816 by post to the following address: Bio-Esperia Srl, Via signorelli 3, Umbertide (Pg) 06019
. 15 Applicable law and competent court
These General Terms and Conditions of Sale are governed by the Italian law and interpreted according to it, without prejudice to any other prevailing mandatory rule of the buyer’s country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to the Italian law and any disputes relating to and / or consequent to them must be resolved exclusively by the Italian judicial authority. In particular, if the buyer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These conditions were drawn up on 01/04/2020