These terms and conditions govern the sales of products on the Site https://neviabiotech.ch
Seller reserves the right to change these Terms and Conditions and the Privacy Policy from time to time, for example as a result of changes in legislation or regulations or in the functions of the Site. The aforementioned changes will be made known to the Users through the Site with an appropriate notice and for the duration of 10 (ten) days from the date of the change. The online sale of products on the Site is governed by the rules of the Consumer Code Legislative Decree. No.206/2005 and the Electronic Commerce Code Leg. n. 70/2003. The following are the Terms and Conditions of Sale applicable to any Product sold on the Site.
ARTICLE 1 DEFINITIONS
For the purposes of this contract:
Seller: Nevia Biotech SAwith registered office in Viganello (Lugano) 6962, Switzerland, at Via Luganetto, 4, email: customer@neviabiotech@ch
Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.
Platform or Site: the Site https://neviabiotech.ch
Users: any individual who accesses the Site and continues to browse it.
Customer: any individual who purchases products sold through the Site.
Consumer: the natural person acting for purposes unrelated to professional activity
or entrepreneurial.
Products:E-commerce sales, mainly of over-the-counter drugs, rapid tests, supplements and the like.
Purchase Order or Order:The proposed purchase made by the User through the procedures of the Site and in particular through the Shopping Cart.
Purchase: the onerous purchase of the above products from the day the purchase is concluded.
Shopping Cart:The stage of the purchase procedure in which the User formulates his or her purchase proposal, selecting the method of payment, delivery of goods and the like.
Electronic Commerce:A particular mode of commerce, regulated in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the contract at a distance through information society services without their simultaneous, physical presence. Given the distance, the delivery of products is not simultaneous and is usually by shipment through third-party operators (couriers/shippers).
ARTICLE 2 SUBJECT.
These Terms and Conditions of Sale pertain to the products set forth in Section 3 below and are valid between Seller and any User who makes, as a Consumer under applicable law, a purchase on the Site. If any of the conditions is found to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.
ARTICLE 3 PRODUCT DESCRIPTION
The Site is engaged in retail sales, under the Electronic Commerce regime, mainly of Sale of over-the-counter drugs, rapid tests, supplements and the like. All products offered are described and illustrated within the Site, in their respective sections. Images of Products on the Site are for demonstration and illustrative purposes and are represented as best as possible. However, some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product may show up. Therefore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are merely and symbolically representative of the Product bought and sold. Given this particular mode of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if notable. The Client also has the option of conducting an online Diagnosis. His or her data are entered into the data base of a web app, which, following specific questions, will provide guidance for possible diagnosis and/or treatment. The personal information that will be requested by the web app is biographical data, regarding sex, weight, and other health-related data. Given the particularity of the requested personal data, the Seller will process them in accordance with the principles of fairness, lawfulness, transparency and protection of confidentiality required by the Privacy Regulation 679/2016. The data will be stored in servers allocated in Switzerland. As much as the app reports correct and reliable information about diagnoses and treatments, it is not intended to provide individual medical advice and under no circumstances can it constitute a prescription for treatment, a specialist visit, or a direct relationship with one’s doctor. Users are encouraged and advised to seek the advice of a physician or other specialist before taking any action.
ARTICLE 4 PRICES AND INCIDENTAL EXPENSES
The prices of the Products are displayed on the site. Specifically, the shopping cart will detail:
– the price of the Product;
– delivery charges, which may be free of charge once certain thresholds established by the Seller are exceeded.
Prices in the online store are subject to change. In such cases, the prices published at the time of the Order on the online store are considered. The Seller, if discounts are applied, will indicate the price applied to the product in the last 30 days.
Due to the place of delivery of the goods, purchased Products may be subject to import taxes and/or customs duties, the amount of which may vary depending on the country of destination. Therefore, it is not possible to predict in any way whether and what costs should be incurred for customs clearance of the purchased goods. Accordingly, any costs related to import taxes and/or customs duties will be the sole responsibility of the Customer.
In case of exporting goods to non-EU countries, the relevant customs duties shall be borne by the Customer. Customs duties due vary depending on the country of destination. The Customer has an obligation to inform himself about the relevant regulatory provisions and he bears the corresponding responsibility. Customs duties are not considered shipping charges and are therefore borne by the Customer.
ARTICLE 5 REGISTRATION
In order to be able to make purchases at the Site store, the User will be able to make a special registration, through which he/she will enter his/her personal data.
The User who wants to register on the Site must provide all the data requested by the Registration Form, and is responsible for the truthfulness and correctness of the same.
In the case of registration, when entering data, the User warrants that:
– Be of legal age and legally capable;
– Possess the proper requirements for registration required at the time of registration;
– Comply with all legal and contractual regulations applicable to these Terms and Conditions;
– To be the rightful owner of the data entered, which are to be understood to be true, correct and up-to-date.
Registration coincides with the opening of an account.
In cases of abuse, the Seller reserves the right not to accept the registration, revoke it, as well as to provide for reporting for action to the competent authorities.
At the time of registration (account opening) the User will be asked to give certain data such as name, e-mail and a password, which the User will take care to guard, keep secret, use on his/her own and not give away. The e-mail address given during registration allows the Seller to notify you of all messages related to the Services, Products and the Site in general.In this case you will be asked to leave the information strictly necessary for the purchase and delivery of the Products. The use of temporary emails for registration is prohibited. All transmitted data will be treated in strict compliance with the Privacy Protection Law. The Seller will use them exclusively to complete orders, and only if explicit consent is given in this regard, the data may also be processed for the purpose of providing information about its initiatives, such as news or promotional discounts.
ARTICLE 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
The User may purchase all Products offered for sale within the Site, as described in the relevant information sheets, by following the purchasing procedures provided in the Site itself. When purchasing Products, the Customer must follow all instructions contained on the appropriate page of the Site. To purchase the Products, the Customer must complete and submit to the Seller the Purchase Order form in electronic format, following all instructions on the appropriate page of the Site. You will find a summary of the main terms of business, including price, means of payment, and mode of delivery, as well as information on the main features of the Products ordered and a reference to the Terms and Conditions. The Customer shall place the Product he/she wishes to purchase in the appropriate “Shopping Cart” and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the modalities for exercising the right of withdrawal, and the Privacy Policy, he/she shall select the desired payment method and proceed with the payment. The applicable Terms and Conditions are those in effect at the time of the Order and can be found on the Site.The contract entered into between the Seller and the Customer shall be deemed concluded upon acceptance of the Order, by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the email address provided during the placing of the Order. The Seller reserves the right to evaluate the acceptance of orders received and may reject or otherwise not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or that result in delivery of the Products ordered to certain inconvenient geographic areas. The Seller will notify the Customer of any inability to accept orders received as soon as possible beginning from the time the Customer has transmitted the Order and will refund any sums already paid by the Customer for payment of the Products. Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the Seller’s non-acceptance, even partial, of an Order is excluded.
ARTICLE 7 MODE OF PAYMENT
The payment methods available on the Site are as follows:
1) Stripe
Customers can pay for their Order through the Stripe platform, which allows them to make and receive payments by rechargeable card or credit card falling under Visa or Mastercard.
2) PayPal
If the Customer chooses to pay through the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or by creating a new account easily and immediately. PayPal protects buyer information in that no financial information is passed. A confirmation e-mail from PayPal will be sent with each transaction made by this method. The amount of the order is debited from the PayPal account when the order is taken. In case of cancellation the amount is refunded to the Customer’s PayPal account.
ARTICLE 8 PRODUCT SHIPMENT AND DELIVERY TIME
Seller will make delivery of purchased Products by specialized carriers, with standard service, Monday through Friday, excluding holidays and national holidays. Products shipped within Italy are indicatively delivered within 2-3 business days and within 7 business days in remote areas and islands. The above delivery terms are indicative only and not essential. Any variation to the above will be promptly communicated by e-mail to the Customer. When the package is shipped, a tracking number will be sent via email that will allow you to track the entire shipment by going to the carrier’s Site. At the time of delivery, the Customer acknowledges and agrees that a person expressly delegated by the Customer shall be present or shall be present with release from all liability of the Seller. The Customer at the time of delivery should check that the packaging is intact and clean and that the Products received correspond to what was purchased. In the event that a product arrives that is damaged in transit or different from what was ordered, the Customer should contact customer service by email: customer@neviabiotech@ch. and must carefully document with at least 2/3 photos the goods so that any damage can be proven. The Customer may request a replacement from the Seller by email and the Seller will send back the correct product. In any case, you will be contacted as soon as possible by the Vendor to be informed about the replacement time for the product.
ARTICLE 9RIGHT OF WITHDRAWAL
All purchases made by the Consumer Customer at the Site are covered by the guarantee of the right of withdrawal, which gives the opportunity to return, for any reason, the purchased product and to obtain a refund of the expense incurred within 14 days.
To exercise this right within 14 business days from the date of delivery of the goods, simply notify the Seller that you wish to withdraw in whole or in part from the purchase by any express statement to that effect (e.g., by e-mail). Within the same period of time, the Customer shall arrange, using a shipping method of his choice, for the shipment of the goods reinstated in their original, undamaged and in perfect condition complete with all their parts and carefully packed to the Seller’s premises.
The package must include all documents received. We recommend insuring the shipment against theft and shipping damage. COD packages will not be accepted. The only fees required are those related to the return of the product. Upon receipt of the goods, once the integrity of the returned Product has been verified, no later than 14 days, the Seller will refund the cost of the shipped goods. Expenses incurred in returning the goods are excluded from the refund. The risks of transportation for the return of the Products are fully borne by the Customer, as well as the costs necessary to return the Products subject to withdrawal. Finally, without prejudice to the foregoing, please note that the Customer is responsible for any diminution in the value of the Products resulting from handling the goods other than what is necessary to establish their nature, characteristics, and operation.
The Customer expressly acknowledges and agrees that:
– To products received by more than 15 working days;
– In case the purchased products have been used even partially;
– in case of purchase of packaged and sealed products that are not suitable to be returned for hygienic or health protection related reasons and have been opened after delivery;
– In case of supplying goods that are likely to deteriorate or expire quickly;
– In case of supply of goods that after delivery are by their nature inseparably mixed with other goods.
ARTICLE 10 LEGAL WARRANTY
The Consumer Customer has the right to the legal warranty of 24 months in accordance with Dlgs d.lgs. 206/2005 and its subsequent amendments. In case of conformity defects of sold Products, the Customer shall immediately contact the Seller by email attaching at least 2/3 photographs and details of the discrepancy. Proof of purchase documents must be shown in order to qualify for the warranty. The consumer does not have the right to terminate the contract if the lack of conformity is slight and it is up to the seller to prove it. The consumer is entitled to a price reduction proportional to the decrease in value of the good.
ARTICLE 11 FORCE MAJEURE
The Vendor assumes no responsibility for inefficiencies attributable to force majeure that prevented, in whole or in part, the execution of the contract in the prescribed time. The Seller shall not be liable to Customers for any damages, losses and costs incurred as a result of non-performance or delayed performance of the contract, the Customer being entitled only to a refund of the price paid.
The Seller shall not be liable for damages resulting from disconnections, interruptions of the Site, as well as loss of data consequently occurring and attributable to the same.
In case of force majeure the execution of the Order will be suspended.This suspension may last for a maximum period of 3 (three) months, after which the Parties may decide whether to continue or cancel the Order.
ARTICLE 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), trademark, domain name, related sub-domains, and all intellectual and industrial property rights relating thereto, are the exclusive property of Seller, are reserved by Seller, and are not and will not be transferred or licensed under any circumstances to Customer. Therefore, the User or Customer may not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties in any capacity or otherwise use for purposes other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of the Seller.
ARTICLE 13 DISCLAIMERS
The information about the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, the Seller cannot be held responsible, except in cases of willful misconduct or gross negligence. Seller reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted, or to change or update information at any time without prior notice, without prejudice to Customer’s rights under the Terms and Conditions and the Consumer Code. Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.
ARTICLE 14 FAILURE TO EXERCISE A RIGHT
Failure of the Seller to exercise a right does not constitute any waiver of its right to take action against the Customer or any third party for breach of commitments. Therefore, the Seller reserves the right to enforce its rights in any case, within the terms granted.
ARTICLE 15 PROCESSING OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be subject to Processing based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. Seller, as the Data Controller, processes Users’ Personal Data by taking appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. Processing is carried out by means of computer and/or telematic tools, with organizational methods and logic strictly related to the indicated purposes. The User’s Data are collected for the execution of pre-contractual measures; to fulfill the obligations arising from the contract entered into; for the registration procedure aimed at the purchase of Products; to follow up on specific requests addressed to the Owner by the User; to send promotional and commercial information and offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications having as object the Products purchased without the need for the express and prior consent of the User, as provided for by art. 130, Paragraph 4, Privacy Code as amended by Leg. No. 101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data(Privacy Policy) made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required(Cookie Policy).
ARTICLE 16 APPLICABLE LAW AND PLACE OF JURISDICTION
These Terms and Conditions are governed entirely by Swiss law. Any dispute arising in connection with the validity, interpretation, performance and termination between the contracts entered into online by the Customer Consumer with the Seller shall be within the exclusive jurisdiction of the court of the place of residence of the Consumer (so-called consumer forum).
ARTICLE 17 DISPUTE RESOLUTION
According to Article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation Procedure (ADR).
Pursuant to Art. 14 of Regulation 524/2013, in case of a dispute, the Consumer Customer may file a complaint through the ODR platform of the European Union. For more information contact the Vendor.
ART.18 COMMUNICATIONS
For further information of any kind, you can contact the Vendor at the following contact details: customer@neviabiotech@ch
Pursuant to Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and accepts all the clauses of these Terms and Conditions of Sale and in particular those of Articles 3, 8, 9, 10, 11,12,13 and16