General Terms and Conditions of Sale

All business dealings on www.bioaksxter.com are governed by these Terms and Conditions.

1. BIOAKSXTER® | DEFINITIONS

Manufacturer:
“AXS M31 di Zambanini Silvana”, based in San Lorenzo Dorsino (TN), Loc. Deggia 28.
C.F. ZMBSVN53T71L378B and VAT num. 01783850223 - Tel. (+39) 0465 734591 - E-mail: info@axsm31.com

• Customer: the person identified by the data entered when registering to send the order, as per these General Conditions.
• Site: an electronic commerce website of the Manufacturer, located at www.bioaksxter.com;
• Consumer: the Customer natural person acting for purposes unrelated to any business or professional activity;
• Order(s): purchase proposal(s) sent, remotely, by the Buyer to the Manufacturer;
• Product(s): the Manufacturer's product(s) published in its online catalog and offered for sale on the Site.

2. BIOAKSXTER® | GENERAL CONDITIONS OF SALE

These General Conditions of Sale define the terms of sale between the Manufacturer and its Customers. All those who purchase on the Site (individuals or companies), pursuant to these General Conditions of Sale are to be considered Customers. The Customer, by telematically sending the order unconditionally accepts and undertakes to observe in his business relations with the Manufacturer these General Conditions of Sale. These conditions apply to the exclusion of all other clauses, with the exception of all special agreements agreed upon in writing and signed by both parties. Purchases by e-mail or telephone equally imply acceptance of the General Conditions of Sale, which can be read directly on the Site under General Conditions of Sale. The Manufacturer reserves the unquestionable right to change these General Terms and Conditions of Sale at any time. Each version of the General Conditions of Sale carries a specific date, therefore, Customers are advised to read the General Conditions of Sale before each purchase.

3. BIOAKSXTER® | OBJECT OF SERVICE

On the website www.bioaksxter.com the Manufacturer provides the Customer with a virtual showcase from which it is possible to view online and purchase some of the AXS M31 products placed on sale via the Internet. Thus, for all other AXS M31 products, the Customer will have the option of using other sales channels. The Customer will be free to view the electronic catalog and the Manufacturer's offerings but will only be able to make purchases following his or her own registration, it being understood that he or she must review these General Terms and Conditions of Sale before placing the order. The placing of the purchase order therefore implies full knowledge of them - General Conditions of Sale - and their full acceptance. Each time the Customer makes one or more purchases in the virtual store by entering items in the electronic shopping cart from time to time, he/she will receive an e-mail confirming the purchases made.

4. BIOAKSXTER® | PRODUCT AVAILABILITY - ORDER FULFILLMENT

The sending of the Order by the Customer has the value of a mere proposal, pursuant to art. 1326 cod. civ. and will not, therefore, be binding in any way for the Manufacturer, which will be free to accept it or not, reserving the right to verify the availability of the Product(s) requested. The Customer, pursuant to Article 1328 of the Italian Civil Code, may revoke its proposal until the Manufacturer, by e-mail, has communicated its acceptance. The Manufacturer will communicate its eventual acceptance within a reasonable period of time and in any case no later than 1 working day from the day following the receipt of the Customer's order. The Order will be processed within 24 hours of its acceptance: this deadline is to be considered purely indicative, in any event, delivery will be made as indicated in paragraph 11. Indicative delivery terms.

The Manufacturer shall not, however, be held liable for damages or any penalty resulting from delayed delivery. In the event of partial, total and/or temporary unavailability of the requested Product(s), the Customer will be informed and will be given the opportunity to modify and/or cancel the order, without application of any penalty. The Customer accepts that communications sent by the Manufacturer and concerning the order received by the latter will take place by e-mail or by telephone.

5. BIOAKSXTER® | NATURE OF THE RELATIONSHIP AND CASES OF NON-APPLICABILITY OF CONSUMER PROTECTION REGULATIONS

In accordance with the provisions of the national and EU laws currently in force, the economic relationship between the Manufacturer and the Customer is governed by consumer protection regulations only in the event that the Customer purchases for personal purposes unrelated to his/her business activity. Therefore, the relationship between the Manufacturer and the Customer who buys for purposes related to his business activity by providing his VAT number is not subject to consumer protection regulations, in particular Legislative Decree No. 206/2005 (Consumer Code).

6. BIOAKSXTER® | PRICES

Unless otherwise specified in writing, all prices quoted are expressed in Euros. Prices do not include transportation costs, any insurance and any additional or incidental expenses, which are to be borne by the Customer and are specified separately.

7.BIOAKSXTER® | PAYMENT METHOD

To finalize the submission of the Order to the Manufacturer, the Customer may choose from the following payment methods:
A. By Credit Card of the VISA/MASTERCARD circuit (Visa, Visa Electron, MasterCard) and by prepaid card (such as Postepay, Vodafone Cash Card, Kalibra and others). Under no circumstances can the Manufacturer be held responsible for any illegal and fraudulent use made by third parties to the detriment of a Customer, as it does not have any kind of access to the credit card data that are provided directly by the Buyer to the Banking Institute.
B. Through the PayPal service (https://www.paypal.com) with a credit card of the VISA/MASTERCARD circuit (Visa, Visa Electron, MasterCard) and with a prepaid card (such as Postepay, Vodafone Cash Card, Kalibra and others). Under no circumstances can the Manufacturer be held responsible for any illegal and fraudulent use made by third parties to the detriment of a Customer, as it does not have any kind of access to the credit card data that are provided directly by the Buyer to the Banking Institute.
C. By Advance Bank Transfer to the following bank details: AXS M31 di Zambanini Silvana LA CASSA RURALE IBAN: IT32C0807805522000005050594 In this case, the terms of delivery will start from the actual crediting to the bank account which must occur within 5 working days from the date of acceptance of the order, after which, the order is deemed automatically canceled. The reason for the bank transfer must include the order identifier (first and last name of the order holder, date and order number) that is issued in the order confirmation e-mail.

8. BIOAKSXTER® | INVOICE

For each order made on www.bioaksxter.com, AXS M31 will issue an invoice for the products shipped. For the issuance of the invoice, the information provided by the Customer at the time of the order shall be authentic. No changes in the invoice will be possible, after its issuance.

9. BIOAKSXTER® | COMMODITY PROPERTIES

The Manufacturer remains the owner of the goods until the Customer has paid in full.

10. BIOAKSXTER® | DELIVERY METHOD

The Manufacturer makes shipments to the Customer by selected express couriers and the goods travel free port with the costs and risks of transportation borne in full by the Customer. These costs, in addition to any other charges associated with the transportation and/or shipment of the products are counted and detailed in the order confirmation and purchase invoice. Upon receipt of the goods at their domicile, the Customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what was ordered. In case of discordances and/or discrepancies will be the responsibility of the Customer to communicate them promptly, under penalty of forfeiture of the right to assert its rights in this regard.

11. BIOAKSXTER® | APPROXIMATE DELIVERY TERMS

The Manufacturer indicates as a reasonable time for delivery to the Customer 2 working days for Italy (with the exception of Islands and/or mountain municipalities with difficult access) and 3-4 working days in other cases. 

For foreign countries, timelines may vary from 3 days to 10 working days. The times now indicated run from receipt of payment. The Manufacturer informs that the estimated delivery times are those provided by the carriers used; therefore, they are given only and solely as an indication and do NOT have contractual value. The Manufacturer assumes no responsibility for any failure of the carrier to meet these delivery times.

12. BIOAKSXTER® | TRACKING OF SHIPPED COMMODITY

When the goods are delivered to the carrier, the Manufacturer at the request of the Customer sends an e-mail containing confirmation of the departure of the goods. The tracking of the shipment is handled entirely by the carriers and is their total responsibility. The Manufacturer therefore disclaims any responsibility for problems or inconveniences caused to Customers by any incorrect information reported on the carriers' website and/or technical problems that may hinder the tracking and control of the shipment through the carriers' website.

13. BIOAKSXTER® | TRANSPORTERS

The Manufacturer, depending on the weight and/or volume of the package, reserves the choice of carrier, which in any case will be deemed accepted and to the liking of the Customer. The Manufacturer and the carrier undertake to notify the Customer of all information pertaining to the shipment.

14. BIOAKSXTER® | DELIVERY

The goods are delivered by definition to the billing address given at the time of the Customer's registration. In the event that the delivery address is different from the billing address, the Customer is required to clearly indicate (in the order form) the two different addresses, in order to avoid errors in the delivery of the goods.

A telephone number and e-mail at which the courier can find the Customer is essential. If the package returns to the sender due to completion of storage, or absent consignee, or lack of data in the address, and the Customer wants to receive the goods again, they will be charged again and in full the shipping costs, in addition to the costs incurred for storage.

15. BIOAKSXTER® | CONSUMER RIGHT OF WITHDRAWAL

Pursuant to D.Lgs.21-2-2014, n. 21 (Consumer Code), we inform you that the Consumer may freely and without any reason exercise the right of withdrawal, by giving notice to the Manufacturer, by registered letter A.R. within 14 working days (are not working days, Saturdays, Sundays and holidays) from the day of receipt of the Product(s) purchased, pursuant to Articles 64 and 67 et seq. of the Consumer Code.

The right of withdrawal may also be exercised, within the same period, by telegram or e-mail, provided it is confirmed by registered letter with return receipt within the next forty-eight business hours. The registered letter shall be deemed to have been sent in good time if it is delivered to the post office within the terms provided by the Consumer Code. The Buyer shall bear the cost of sending the registered letter and any other incidental or additional expenses. The return of the Product(s) must be authorized in advance in writing by the Manufacturer, which must ascertain the legitimacy of the withdrawal exercised by the Customer.

The Product(s) must be returned to the Manufacturer, no later than ten business days from the date of receipt of the Goods. For the purposes of the deadline, the goods shall be deemed to have been returned at the time they are delivered to the accepting post office or freight forwarder. No authorization, even if authorized, will be accepted unless the following information is contained in the document accompanying the Product(s): - Details of the return authorization communicated by the Manufacturer to the Customer - No. of the transport document - Quantity and type of the returned Product(s). - Original invoice. - Bank details on which to obtain the transfer (IBAN code - Current Account of the invoice holder - Bank of support). It is necessary to pin on the shipped packages, in a vertical position, the Order number. For shipping, it is recommended to use a courier or other suitable means to allow traceability of the shipment. The Manufacturer will not proceed to refund the Product(s) subject to withdrawal if it does not receive the relevant delivery.

Within 14 working days of receipt of the returned Product(s), the Manufacturer will credit the Customer with the amount corresponding to the value of the goods resulting from the invoice. In any case, the cost of returning the Product(s) and any additional or ancillary expenses shall be borne by the Consumer. The right of withdrawal may only be exercised if the Product(s) is/are perfectly intact in every part and in a normal state of preservation. The returned Product(s) must not be deprived of its wrapping or parts thereof, nor bear any signs of tampering.
In case the Manufacturer receives the return Product(s) tampered with, damaged, the Manufacturer will not refund the amount paid for the purchase of the same. In such event, the Product(s) shall be returned to the Customer, at the Customer's expense. The Product(s) shall be returned to the Manufacturer's facility and shall travel at the expense and risk of the Customer.

16. BIOAKSXTER® | CUSTOMER-PROVIDED WARRANTIES

The Customer guarantees, assuming all inherent responsibility and holding the Manufacturer harmless from any prejudicial consequences, that his data, provided upon acceptance of these general conditions, are true and allow to identify the true identity of the Customer himself, who also undertakes to immediately inform the Manufacturer in writing, including by e-mail, of any change in the data provided. At the time of registration, the Customer is given an identification code (Username) and a keyword (Password), the joint use of which will identify the Customer and enable the latter to make online purchases on the site. The Customer is therefore informed that the purchase orders issued through the joint use of Username and Password are valid and binding and that the availability of both by third parties would allow the latter to issue regular orders that bind the Customer, identified by Username and Password, to accept receipt of the goods ordered and payment of the amount due. The Customer is therefore required to keep both the Identification Code and Password with the utmost diligence, keeping them both secret for the duration of the relationship with the Manufacturer. The Customer is also informed of the need to provide the Manufacturer with a valid e-mail address in order to allow the Manufacturer to forward order confirmations and any communications.

17. BIOAKSXTER® | COMMUNICATIONS

The Customer accepts that notification and communications inherent to all on-line services (including those relating to purchase orders) are made by the Manufacturer via e-mail and via Web service, acknowledges their full validity, and expressly waives as of now the right to disavow the content of statements sent and/or received in electronic format. The Customer is informed and accepts that the Manufacturer keeps archives of the technical File Logs on its systems inherent to the traceability of quotation and order passage operations and acknowledges their validity for the purpose of eventual reconstruction of the relationships put in place.

18. BIOAKSXTER® | APPLICABLE LAW

For all E-Commerce services on the site, the law of the Italian State shall apply exclusively.

19. BIOAKSXTER® | PLACE WHERE THE SALE IS COMPLETED AND PLACE OF JURISDICTION

The sale(s) shall be deemed, for all purposes, to have been made at the registered office of the Manufacturer. In the event of a dispute, the parties will undertake to find an amicable solution. For any dispute, the competent court of jurisdiction shall be exclusively that of Trento.

20. BIOAKSXTER® | PERSONAL DATA PROCESSING CONDITIONS

• The Client is informed that:
  the data controller is “AXS M31 di Zambanini Silvana”, based in San Lorenzo Dorsino (TN), Loc. Deggia 28, C.F. ZMABSVN53T71L378 and VAT num. 0178385022, Tel. (+39) 0465 734591, E-mail: info@axsm31.com. 
• The data being processed are those provided by the Client and those related to the use of the service on the Manufacturer's site.
• the purposes of the processing are: compliance with legal obligations, fulfillment of the contract, pursuit of the purposes of interactive commercial information (with possible sending of advertising material), promotion and greater knowledge of the Customer's needs. No sensitive data of the Customer are processed under any circumstances. 
• The processing methods involve the use of automated and manual means.
• The scope of any communication or dissemination of data is limited exclusively to the Manufacturer, and to those subjects necessary for the fulfillment of the contract or compliance with legal obligations. The list of such subjects is available to the Customer who requests it at the above addresses.
• Processes excluded from consent are those aimed at fulfilling legal or contractual obligations and those related to Client connection sessions that are subject to anonymous processing at source or for security purposes.
• The processing for which consent is required are: those aimed at the pursuit of the purposes of interactive commercial information, promotion and greater knowledge of the needs of the Customer as well as the communication of data in the terms described above.
• Consequence of refusal to give consent to data processing is the inability to enter into the contract.
• The Customer is entitled to the rights set forth in Legislative Decree 196/03 and in EU Reg. 2016/679. All Customers are invited to read these General Terms and Conditions of Sale before any purchase as the Manufacturer reserves the right to modify or update their contents at any time.