General sales conditions for consumer customers

These general conditions of sale govern the purchase of products and services made remotely via the Internet on the www.nutra-be.it website. Before sending the order, the Customer / consumer is required to carefully read these General Conditions, made available to him on the aforementioned site to allow reading, storage and archiving.

 

Art. 1. Definitions

Except as otherwise provided in the Contract, the following terms and expressions will have the following meaning:

  1. “NUTRA-BE”: NUTRA-BE SRL with sole shareholder, with registered office in Cusano Milanino (MI) Via Giuseppe Zucchi 10 CAP 20095 REA number: MI-2505465 Tax Code / VAT Number: 10107130964, authorized for sale on- line of alimentary products in gender, with particular reference to alimentary integratori, products nutraceutici, dietary products, foods to special medical ends, products for the infancy and medical device, with express exclusion of all those medical activities reserved to members to albi and or colleges,, courtesy service number: 3488125787 e-mail info@nutra-be.it (general information), nutra-be@pec.it (PEC address).
  2. “Website” or “Website”: the site accessible at the URL nutra-be.it, owned by NUTRA-BE.

Customer / consumer.

  1. “Customer / Consumer” or “user: Customer / consumer natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out.
  2. “Parties”: NUTRA-BE and the Customer / consumer.
  3. “Product”: each product made available for purchase through an electronic catalog. The catalog is constantly updated and the availability of each product may change without notice.
  4. “Access credentials”: the “user name / email address” and the “password” relating to the account of each Customer / consumer, necessary for accessing the reserved area of ​​the Site and for concluding the Contract.
  5. “Working days” and “working hours”: from Monday to Friday, except for national holidays, with working hours from 9:00 to 12:00 and from 14:00 to 18:00.
  6. “General Conditions”: these General Terms and Conditions of Sale, which govern the relationship between NUTRA-BE and its Customers / Consumers.
  7. “Sales Contract”: any contract under which NATURA-BE srl transfers and undertakes to transfer ownership of goods to the Customer / consumer and the Customer / consumer pays or undertakes to pay the price.
  8. “Distance contract”: any contract concluded between NATURA-Be srl and the Customer / consumer within the framework of an organized distance selling scheme without the physical and simultaneous presence of NATURA-BE srl and the Customer / consumer, through the ‘exclusive use of one or more remote means of communication until the conclusion of the contract, including the conclusion of the contract itself.
  9. “Food products in general”: Food supplements, nutraceutical products, dietary products, foods for special medical purposes, baby products and medical devices available for purchase, only for customers / consumers, through an electronic catalog made available on the Site.

Art. 2. Parts of the contract

  1. Parts of the contract are NUTRA-BE and the Customer / consumer, whose personal data are indicated in the Order Confirmation sent by NUTRA-BE: it is an integral part of the Purchase Agreement. The data of NUTRA-BE are indicated in the art. 1, paragraph 1, lett. a, of these General Terms and Conditions.
  2. The contract stipulated between NUTRA-BE and the Customer / consumer is subject, among other things, to the specific regulation referred to in section II (“Pre-contractual information for the Customer / consumer and right of withdrawal in distance contracts and contracts negotiated outside from business premises “), Articles from 49 to 59, as well as sections III (“Other consumer rights”), articles from 60 to 65, and IV (“General Provisions”), articles from 66 to 67, of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”).

 

Art. 3. Object of the contract

  1. These General Terms and Conditions of Sale for Customers / Consumers (“General Conditions”) govern the purchase, made by Consumer Customers, of the products referred to in the electronic catalog made available on the website www.nutra-be.it (“Website”) .
  2. These General Conditions apply to all purchases referred to in paragraph 1 made from 1 February 2018.

 

Art. 4. Procedure for the purchase and conclusion of the Contract

  1. After registering on the Site, the Customer / consumer can purchase one or more Products present in the electronic catalog of the Site (illustrated and described in the relative information sheets) by inserting them in the “cart” and respecting the technical access procedures referred to in the same Site.
  2. The publication of the Products shown on the Site constitutes an invitation to the Customer / consumer to make a contractual purchase proposal to NUTRA-BE. Before the actual sending of the order, the Customer / consumer is shown a page that summarizes, among other things, the selected Products, their price and any delivery costs.
  3. The General Conditions and the privacy policy are visionary, can be saved and printed before sending the order.
  4. The order sent by the Customer / consumer has the value of a contractual proposal and, with the dispatch of this order, the Customer / consumer himself acknowledges to have complete knowledge and to fully accept these General Conditions. The Customer / consumer is invited to print and keep the summary of the order, shown after sending the same through the Site. The “notes” field eventually present in the electronic order form can be used by the Customer / consumer only to enter any operational indications (for example, name on the intercom) and will not in any way bind any part of the Contract, nor can it contain exceptions to these General Terms or otherwise to contractual ones.
  5. NUTRA-BE has the right to accept or not, at its discretion, the order sent by the Customer / consumer, without the latter being able to make claims or rights of any kind, in any way, in case of non-acceptance of the order itself . The possible acceptance of the proposal of the Customer / consumer is confirmed by NUTRA-BE through an e-mail message of confirmation of order to the e-mail address communicated by the Customer / consumer. The Purchase Agreement stipulated between NUTRA-BE and the Customer / consumer is considered concluded with the sending of the order confirmation to the Customer / consumer, without prejudice to the verification referred to in paragraph 5.
  6. The Customer / consumer acknowledges that the order confirmation referred to in the preceding paragraph is sent following an automated check; if, when packaging and shipping the Products, NUTRA-BE finds any errors in the catalog or in the order regarding the price and / or the characteristics and / or availability of a Product, it will provide to promptly notify the Customer / consumer in order to agree the modification or cancellation of the order.
  7. The Customer / consumer, can exercise the right of withdrawal under the terms and conditions of law, in relation to which we refer to articles 21 (“Right of withdrawal”) and 23 (“Cases of exclusion of the right of withdrawal”) of these General Conditions.
  8. The Customer / consumer acknowledges that certain products on the site may: be packaged and / or customized in his favor; risk deteriorating or expiring rapidly; not suitable to be returned for hygienic reasons or related to health protection, if sealed and opened after delivery; by their nature, they are inseparably mixed with other goods after delivery. Therefore, certain rights to the same, including as a Consumer, may be limited (such as, by way of example and not exhaustive, in accordance with the provisions of Article 23 “Cases of exclusion of the right of withdrawal”).

Art. 5. Description and visual representation of the goods

  1. The visual representation of the products on the Site, where available, normally corresponds to the photographic image of the products themselves and / or their packaging. This representation has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of NUTRA-BE regarding the exact correspondence of the image shown on the Site with the actual product.
  2. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

 

Art. 6. Product Availability

  1. The Customer / consumer can only purchase the goods in the catalog published on the Site and in the quantities indicated therein. The prices and availability of the products, as shown on the Site, are subject to change at any time and without notice.
  2. The products available for shipment are highlighted on the site. The Customer / consumer acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time between the loading of the web page and the insertion in the cart, the actual availability of the individual Products may vary significantly during the course of the same day with respect to the indications given on the Site. When the order proposal is sent by the Customer / consumer, the information system of the Site verifies the actual availability of the Products purchased and notifies him of the eventual unavailability of one or more Products before the Customer / the same consumer makes the payment. NUTRA-BE undertakes to fulfill its obligations in a short time and in any case in the manner and terms set forth in art. 13 of these General Conditions; if delivery times of the ordered product are delayed compared to those indicated on the Site before the order is placed, NUTRA-BE undertakes to promptly notify the Customer / consumer via an e-mail message to the address indicated by the Customer / consumer in question product purchase phase. If it is not possible, for any reason, to proceed with the delivery of the products purchased in compliance with the art. 13 of these General Conditions, NUTRA-BE reserves the right to notify the Customer / consumer of the cancellation of the order.

 

Art. 7. Prices and delivery costs

  1. The Customer / consumer will pay NUTRA-BE the price referred to on the order confirmation page. All Product prices are shown on the Site and are intended as inclusive of VAT only. In the event that a Product is discounted, the discount percentage, the original or ordinary price and the final price are indicated. If in some cases a product can show different prices in different sections of the site, the price of the product must be understood as the one visible on the detail page of the product itself.
  2. The shipping costs are currently free for orders whose amount is equal to or greater than € 50 (fifty) and the delivery address is located in Italy. For orders amounting to or less than € 49.99 (forty nine, 99) shipping costs amount to € 4.90.
  3. The shipping costs are currently free for orders whose amount is equal to or greater than € 100 (one hundred) and the delivery address is located in Europe (excluding Italy). For orders equal to or less than € 99.99 (ninety-nine, 99) shipping costs amount to € 12.5.
  4. The amount of delivery costs, where due, is indicated on the summary page of the order shown to the Customer / consumer before sending the order.

 

Art. 8. Payments

  1. Payments in execution of the Purchase Contract may be made by credit card or PayPal or by bank transfer in advance, if delivery takes place in Italy. The Customer / consumer is required to choose, at the time of conclusion of the Purchase Contract, the chosen payment method.

 

Art. 9. Payment by credit card or PayPal

  1. If the Customer / consumer proceeds with the purchase of products with payment by credit card or PayPal, the information relating to the buyer’s credit card will be transmitted and managed by a third party (“Intermediary”), via secure connection directly to the site web of the Intermediary who manages the transaction. The accepted circuits are indicated on the Site before sending the order.
  2. The credit card payment procedure is carried out using a secure connection, in which the Customer / consumer will find the indication of the order amount and must indicate the type, number and expiry date of the credit card. Additional data or security codes may be requested in some cases by the Intermediary (such as, by way of example and not exhaustive, for the MasterCard SecureCode and Verified by Visa security services). It is always required to indicate a landline number where the customer / consumer can be contacted.
  3. In order to protect the security of the Customer / consumer to the utmost degree, NUTRA-BE is never aware of the credit card number, which is only received by the banking institutions that must provide the authorization. Only the outcome of the transaction is communicated to NUTRA-BE. In other words, no credit card data is transcribed on the order documents and / or stored by NUTRA-BE.

 

Art. 10. Payment by bank transfer in advance

  1. In case of purchase with payment by bank transfer, in explicit exception to the art. 15 of these General Conditions (“Shipping and delivery times”), the order will be processed after the actual receipt of the sum. The purpose of the bank transfer must include the order number and the details of the customer / consumer. The customer / consumer must send a copy of the bank account to the email: info@nutra-be.it
  2. The bank transfer must be made by the customer / consumer within 10 (ten) working days from the acceptance of the order by NUTRA-BE, under penalty of cancellation of the order itself.
  3. The data for payment by bank transfer are the following: Banca Intesa, Cusano Milanino Branch (MI) – ABI: 3069; CAB: 33082; Account n ° 1000/00004106; IBAN: IT37F0306933082100000004106, in the name of NUTRA-BE Srl, Via Giuseppe Zucchi, 10 – 20095 – Cusano Milanino – (MI); IBAN: IT21 Z 05387 36740 000002019593. The data to make the transfer are also contained in the order confirmation e-mail.
  4. The costs that the customer / consumer will have to pay to their credit institution to make the transfer will not be attributable to NUTRA-BE in any way. The customer / consumer is requested to inquire beforehand with their own credit institution of the costs they will incur to carry out this type of payment.

 

Art. 11. Transport and invoicing documents

  1. For each Purchase Contract finalized through the Site, NUTRA-BE will issue (if requested at the same time as the order) an invoice or receipt regarding the products that will be shipped.
  2. The information provided by the customer / consumer at the time of the order will be used for the eventual issue of the invoice. The Customer / consumer assumes all responsibility for the correctness of the aforementioned information. No change in the invoice will be possible after the issue of the same.

 

Art. 12. Shipping and delivery times

  1. NUTRA-BE will normally process the order within 24-48 hours (except weekends and holidays) from the day it is received. With the dispatch of the order NUTRA-BE entrusts the Products to the courier or forwarding agent of trust for sending to the address indicated by the Customer / consumer, summarized in the order confirmation. Deliveries are made by land transport approximately within the next 24/48 hours (excluding weekends and public holidays).
  2. In the event that a problem occurs to the courier during transport and the package does not arrive at its destination within the indicative deadline referred to in paragraph 1, the Customer / consumer can promptly report it to NUTRA-BE, which will attempt to resolve the issue in a reasonable period of time. NUTRA-BE invites the Customer / consumer not to contact her before the aforementioned indicative period has expired, as she would not have the necessary data to be able to profitably activate with the courier in charge.
  3. The terms of evasion and delivery referred to in paragraph 1 are only indicative and not guaranteed, due to the many variables involved, with particular but not exclusive reference to the delivery phase by the courier. In compliance with current legislation, NUTRA-BE undertakes to deliver the products to the customer / consumer within 30 days from the date of conclusion of the contract. No responsibility, for any reason, may be charged by the Customer / consumer to NUTRA-BE if the products are not delivered according to the indicative term referred to in paragraph 1.
  4. Delivery times refer to the products in the warehouse at the time of the purchase order. No responsibility can be attributed to NUTRA-BE for delays in the delivery of the goods due to unforeseeable circumstances or force majeure, as well as in the event of strikes, weather events, special holidays, inventory inventories, seat transfers, changes to information systems and other events overtime; they are suitable to cause longer times than the indicative ones in the execution of the orders, even in the order of several days.
  5. In any case, should the delivery times of the ordered Product be delayed with respect to the delivery times indicated on the Site before the order, NUTRA-BE undertakes to promptly notify the Customer / consumer via an e-mail message sent to the address indicated by the Customer / consumer.

 

Art. 13. Delivery of products

  1. All deliveries of the products will be at the risk of NUTRA-BE until such time as the Customer / consumer or a third party designated by him enters into physical possession of them.
  2. The delivery terms indicated on the Site are given as an indication. NUTRA-BE undertakes to deliver the products to the customer / consumer within 30 (thirty) days from the date of conclusion of the contract. No responsibility, for any reason, may be charged by the Customer / consumer to NUTRA-BE if the products are not delivered according to the terms indicated on the Site.
  3. Unless otherwise communicated to the customer / consumer by NUTRA-BE, the delivery of the products is intended at street level.
  4. In order to deliver the ordered products, the Customer / consumer or his representative must be present in the place indicated by the Customer / consumer, who will therefore accept the package on his behalf. The courier delivery times are usually between 9:00 am and 6:00 pm. In the absence of the Customer / consumer (or his representative), the shipper will leave a notice with the indications to be able to agree on a different delivery date.
  5. If the delivery does not take place due to reasons attributable to the Customer / consumer (for example, due to his absence and / or his failure to contact the carrier pursuant to paragraph 3), he is required to pay the shipping costs incurred by NUTRA-BE .

 

Art. 14. Verification operations upon delivery of the products

  1. At the time of delivery of the products by the shipper appointed by NUTRA-BE, the Customer / consumer is required to check that the number of packages delivered corresponds to what is indicated in the transport document on the packaging and that the packaging itself is intact, not damaged or otherwise altered, even in the closing materials, checking with particular care the possible presence of signs indicating the breaking of the goods sent.
  2. On pain of forfeiture, any damage to the packaging and / or products and / or the mismatch in the number of packages and / or indications must be immediately contested by the Customer / consumer, who must declare, in writing, to the person in charge of the delivery of the products, that they are accepted “subject to control” or indicating that they are “damaged”: in the absence of this, no claim will be accepted. The Customer / consumer also undertakes to promptly report, and in any case not later than 24 hours from the date of delivery, to NUTRA-BE (by e-mail or registered letter with acknowledgment of receipt to the address indicated in art. 1 of these General Conditions) any and all problems concerning the integrity, correspondence and / or completeness of the products received, under penalty of forfeiture.

 

Art. 15. Force majeure and third-party facts

  1. NUTRA-BE is not liable for cases of force majeure, unavailability of means of transport, third-party events, unforeseeable or inevitable events that cause a delay in deliveries and / or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to load of NUTRA-BE.
  2. In the cases referred to in the preceding paragraph, NUTRA-BE has the right to split, postpone or cancel, in whole or in part, the delivery envisaged or to terminate the Purchase Agreement. In such cases, NUTRA-BE undertakes to provide timely and adequate communication of its determinations to the e-mail address indicated by the Customer / consumer, who, in this case, has the right to a refund of any price already paid, excluding any further claim, in any capacity, against NUTRA-BE. In this sense, the Customer / consumer explicitly waives any claim, also by way of mere reimbursement and / or compensation, against NUTRA-BE.

 

Art. 16. Custody and conservation of products

  1. Products sold by NUTRA-BE must be kept and stored by the Customer / consumer using the necessary precautions and measures relating to the nature of the products themselves.
  2. The negligence and / or inexperience in the conservation of each product can damage it and compromise its qualities. NUTRA-BE is not liable for any damage to the products sold resulting from incorrect and / or improper storage of the same, with express forfeiture of any guarantee regarding them.

 

Art. 17. Warranty

  1. The Customer / consumer enjoys both the ordinary guarantee provided for by the Civil Code and the guarantee for any lack of conformity required by the Consumer Code.
  2. NUTRA-BE guarantees that the Products are free from defects in material and workmanship for a period of 12 (twelve) months from delivery, subject to the limitations pursuant to art. 19 of the aforementioned general conditions (“Exclusions and limitations of the guarantee”).

 

Art. 18. Additional legal guarantee for the Customer / consumer

  1. In addition to the guarantee provided for the defects of the thing sold provided for by the civil code, the art. 130 and 132 of Legislative Decree 6 September 2005, n. 206 provide that, up to two (2) years after delivery of the Products, NUTRA-BE is liable to Consumer Customers for any lack of conformity of the products existing at the time of delivery. The lack of conformity is considered to exist if:
    1. the product is not suitable for the use to which goods of the same type are normally used;
    2. does not conform to the description or does not possess the qualities referred to in the sample or model possibly shown by NUTRA-BE;
    3. does not offer the usual qualities and performance of an asset of the same type that the Customer / consumer can legitimately expect;
    4. is not suitable for the particular use requested by the Customer / consumer if brought to the attention of the seller at the time of purchase and accepted by NUTRA-BE.
  2. The Customer / consumer forfeits the rights granted to him by the art. 130, paragraph 2 of Legislative Decree 206/2005 if it does not report to NUTRA-BE the lack of conformity within two (2) months from the date on which it discovered the defect.
  3. NUTRA-BE will make every diligent effort to replace at its own expense, with other products of the same quality and title available at its stores, those Products delivered that are damaged or defective, provided that they have been returned by the Customer / consumer in the packaging original (complete with all the parts that compose it). If replacement with the same product is not possible, NUTRA-BE will reimburse the customer / consumer for the amount paid for the defective product, excluding any further liability of NUTRA-BE, for any reason.

 

Art. 19. Exclusions and limitations of the guarantee

  1. The shipping costs for sending by the Customer / consumer to NUTRA-BE for assistance will be entirely borne by the Customer / consumer, while those relating to the return will be entirely borne by NUTRA-BE.
  2. The guarantee referred to in Articles 17 (“Guarantee”) and 18 (“Additional legal guarantee for the Customer / consumer”) is excluded if the Customer / consumer has damaged the Products for his own willful or culpable conduct, or in any case if, due to his negligence and / or carelessness and / or for other reasons not attributable to NUTRA-BE, has damaged and / or made the Products defective, and / or exposed them to natural events and / or used them improperly and / or without following the technical instructions indicated in any manuals, and / or have carried out and / or had carried out by personnel not authorized by NUTRA-BE repairs, interventions or tampering, and / or have omitted the necessary maintenance, and / or have kept them incorrectly. The warranty is also excluded if the defects and / or faults and / or malfunctions derive from a use of the Products other than that of the Contract and / or for which they were designed and manufactured, or in cases of normal wear or deterioration of parts consumables.
  3. If NUTRA-BE finds that any flaws or defects of one or more Customer / Consumer Products are attributable, directly or indirectly, to the Customer / consumer, they will be required to pay the verification costs incurred for this purpose, as well as, in derogation in paragraph 1 of this article, out-of-pocket expenses for the relative return.

 

Art. 20. Conventional manufacturer’s guarantee

  1. Without prejudice to the legal guarantees, some products enjoy, in addition to the legal guarantee provided, a conventional guarantee offered by the single producer to the purchaser. NUTRA-BE, where possible or not excessively burdensome, mentions it in the data sheet of each product. Conditions and terms of these warranties are defined by each manufacturer, which is a third party subject to NUTRA-BE.

 

Art. 21. Right of withdrawal

  1. The Customer / consumer has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days and without having to incur costs other than those provided for in art. 56, paragraph 2, and to art. 57 Legislative Decree 6 September 2005, n. 206

The withdrawal period ends after 14 (fourteen) days from the day on which the Customer / consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the products.

  1. In the case of multiple goods ordered by the Customer / consumer through a single order and delivered separately, the withdrawal period ends after 14 (fourteen) days from the day on which the Customer / consumer or a third party other than the carrier and designated by him acquires physical possession of the last product.
  2. To exercise the right of withdrawal, the Customer / consumer must communicate his decision to withdraw from the contract stipulated with NUTRA-BE srl through an explicit declaration to one of the addresses listed below: registered letter with return receipt to the following address: NUTRA- BE Srl, Via Giuseppe Zucchi, 10- 20095-Cusano Milanino (MI); e-mail info@nutra-be.it (general information), nutra-be@pec.it (address of P.E.C.).
  3. The Customer / consumer has exercised his right of withdrawal within the withdrawal period provided for by the art. 21 points 1 and 2 of these General Conditions if the communication concerning the exercise of the right of withdrawal is sent by the Customer / consumer before the expiry of the withdrawal period. Customer / consumer
  4. The burden of proof relating to the exercise of the right of withdrawal rests with the Customer / consumer (Article 54, paragraph 4, Legislative Decree 6 September 2005 No. 206 (Consumer Code)

 

Art. 22. Effects of withdrawal

The exercise of the right of withdrawal puts an end to the obligations of the parties to perform the distance contract.

 

Art. 23 Obligations of NATURA-BE srl in the event of withdrawal

  1. If the customer / consumer withdraws from the contract stipulated with NUTRA-BE, all payments he has made will be reimbursed, including delivery costs (except for the additional costs deriving from his choice of a type of delivery other than the less expensive type standard delivery offered by NUTRA-BE), without undue delay and in any case not later than 14 (fourteen) days from the day on which NUTRA-BE was informed of the decision of the Customer / consumer to withdraw from the contract.
  2. These refunds will be made using the same payment method used by the Customer / consumer for the initial transaction, unless he has expressly agreed otherwise; in any case, the Customer / consumer will not incur any costs as a result of such reimbursement. NATURA-BE srl can withhold the reimbursement until it has received the goods or until the Customer / consumer has not shown that he has sent back the goods,
  3. The customer / consumer must return the goods or deliver them to NUTRA-BE at the following address: NUTRA-BE, Via Giuseppe Zucchi, 10 – 20095 – Cusano Milanino – (MI), without undue delay and in any case within 14 (fourteen) days from the day on which he communicated his withdrawal from the contract to NUTRA-BE. The deadline is met if the customer / consumer returns the goods before the expiry of the period of 14 (fourteen) days.
  4. The direct costs of returning the goods will be charged to the Customer / consumer.
  5. The Customer / consumer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

 

Art. 24. Cases of exclusion of the right of withdrawal

The Customer / consumer cannot exercise the right of withdrawal provided for by the art. 21 (“Right of withdrawal”) in the following cases:

  1. if the goods are made to measure and / or clearly personalized;
  2. if the goods are liable to deteriorate or expire rapidly;
  3. if the sealed goods, opened after delivery, do not lend themselves to being returned for hygienic reasons or related to health protection;
  4. sealed food products once opened;
  5. if, after delivery, the goods are inherently mixed with other goods;
  6. audio-visual products or computer software sealed, opened by the consumer;
  7. newspapers, periodicals and magazines.

 

Art. 25. Access credentials

  1. The Customer / consumer is obliged to keep the access credentials with the utmost care, confidentiality and diligence, undertaking not to communicate them to others. It undertakes to immediately notify NUTRA-BE of the total or partial theft, loss or loss of the access credentials or only a part of them and in any case their unauthorized use by third parties. The Customer / consumer will be responsible for any damage caused to NUTRA-BE and / or third parties due to failure to comply with the above.
  2. After 90 days from registration on the Site without any purchases having been made, NUTRA-BE reserves the right to cancel Customer accounts, even without prior notice.

 

Art. 26. Exemption from liability for content entered by the Customer / consumer on the Site

  1. Each customer / consumer, after registering on the site, can post comments, reviews and opinions on the products in the electronic catalog. This functionality cannot be used for illicit purposes or in violation of the regulations in force, such as, by way of example and not exhaustive, to carry out spamming activities or insert defamatory, libelous, threatening, scorn, violation of the privacy and dignity of others staff, etc .; it is also forbidden to post propaganda messages, advertisements, references to competing sites and companies. The publication of the aforementioned contents is carried out free of charge by the customer / consumer, who can cancel reviews and opinions at any time by accessing the site with his own credentials. The Customer / consumer acknowledges that any content entered on the Site may be canceled by NUTRA-BE at any time, for example for the termination of the sale of the reviewed Product or for the closure of the spaces relating to comments, reviews and opinions.
  2. NUTRA-BE has no obligation to monitor the activities carried out by each Customer / consumer on the Site pursuant to this article, as required by Legislative Decree no. 70/2003. However, NUTRA-BE reserves the right to remove any content generated by the Customer / consumer if it is made known or otherwise aware of the pursuit of an unlawful purpose and / or the violation of one or more of the above bans, and / or is expressly requested to do so by a judicial or administrative body and / or a third party who considers himself injured by the aforementioned contents. In these cases, NUTRA-BE will communicate the aforementioned measures to the Customer / consumer in any way and will have the right to suspend or cancel his account without prior notice, without prejudice to any other claims against the person responsible for the violations.

 

Art. 27. Modifications

  1. NUTRA-BE may change the contents of these General Conditions at any time and without prior notice.
  2. Any modifications made will take effect from the date of publication on the Site, as declared in the heading of the same General Conditions.
  3. In the event of changes, unless otherwise expressly agreed between NUTRA-BE and the Customer / consumer, the General Terms and Conditions in force at the time the contract was stipulated remain valid for the contracts already concluded.

 

Art. 28. Minor fault and limitation of liability

  1. NUTRA-BE is not liable for damages, even to third parties, possibly caused as a result of their slight fault.
  2. In no case may the sums possibly due from NUTRA-BE for any reason or reason exceed those paid by the Customer / consumer in execution of the Contract.

 

Art. 29. Intellectual property rights

  1. All trademarks, as well as any intellectual work, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by international laws and conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of NUTRA-BE and / or its assignors, without the Customer / consumer deriving any rights to the same from access to the Site and / or the stipulation of the Purchase Contracts.

 

Art. 30. Treatment of personal data

  1. NUTRA-BE undertakes to comply with current legislation on the protection of personal data. The information on the processing of personal data is made available on the Website and in any case can be viewed and stored at any time before the conclusion of the Contract.

 

Art. 31. Other provisions

  1. All purchases of products and services made through the Site by the Customer / consumer accessing it are governed by these General Conditions and by the other provisions and operating instructions contained in the Site. In the event of conflict between the provisions of the aforementioned provisions and operating instructions and as contained in the General Conditions, the latter prevail.

 

Art. 32. Complaints and assistance

  1. The Customer / consumer can make any claims or request assistance on purchases made, by contacting NUTRA-BE via mail at NUTRA-BE Srl, Via Giuseppe Zucchi, 10 – 20095 – Cusano Milanino – (MI), via P.E.C. to the address nutra-be@pec.ito anyway to the email indicated in the art. 1, paragraph 1, lett. a, of these General Terms and Conditions.
  2. As required by art. 20 of these General Conditions, some products are covered by the manufacturer’s standard warranty. In these cases NUTRA-BE invites the Customer / consumer to contact the producer directly, which is a third party with respect to NUTRA-BE; in case of need, NUTRA-BE remains at the disposal of the Customer / consumer to communicate the contact details of the manufacturer already indicated in the warranty.
  3. Complaints will be processed by NUTRA-BE as soon as possible; the Customer / consumer will receive a reply within 2 (two) working days of the report.

 

Art. 33. Applicable law, alternative dispute resolution, and competent court

  1. The relationships arising from the Contract are governed by Italian law.
  2. NUTRA-BE informs the Customer / consumer Consumer, pursuant to art. 141-sexies, third paragraph, Consumer Code, which if it is not possible to resolve a dispute between the Customer / consumer and NUTRA-BE following a complaint submitted directly by the Customer / consumer, NUTRA-BE will inform it about the bodies of Alternative Dispute Resolution (ADR) competent to resolve such disputes out of court, stating whether it intends to use the aforementioned bodies to resolve the dispute.
  3. NUTRA-BE informs the Customer / consumer that, pursuant to Regulation (EU) n. 524/2013, a European ODR platform was established (so-called ODR platform), to facilitate the out-of-court resolution of disputes between consumers and professionals concerning contractual obligations deriving from sales contracts or online services between a customer / consumer resident in the Union is a professional established in the Union. This ODR platform, which the Customer / consumer / consumer can use to resolve disputes that may arise with NUTRA-BE, can be consulted via the internet address http://ec.europa.eu/consumers/odr/.
  4. Regardless of the outcome of the procedure for out-of-court settlement of the dispute that may be instituted, the right of the Customer / consumer to refer to the Judicial Authority of his place of residence or domicile remains, in any case.
  5. Disputes with Consumer Customers residing outside the Italian territory are devolved to the jurisdiction of the Court of Milan, as judge of the place where the Contract is executed.