These general conditions of sale apply to any order placed on the website www.mitochon.it. The confirmation of the order by the buyer implies the unreserved acceptance of these sale general conditions which prevail over all previous or specific versions generated by the buyer, including the exchange of e-mails.
The following conditions refer to the combined provisions of Legislative Decree n. 50 of 15.1.1992 and of Legislative Decree 206 of 6.9.2005 (Consumer Code) and subsequent ones of the Italian Law.
Consumer / User / Customer means the person who visits the Site and / or who purchases goods and services from the Supplier (MITOCHON SRL Via Pontebuco 36 – San Lazzaro di Savena (BO) – Italy – VAT number: IT03770771206 -REA BO-544999 ) the legal person who sells goods or services through online sales on the site www.mitochon.it (domain registered and owned by MITOCHON SRL), ie the contract stipulated exclusively within the remote communication system commonly referred to as “internet”
2. Product Features
The essential characteristics of the product covered by this contract are described in detail and represented in the online electronic catalog. MITOCHON SRL reserves the right to make changes at any time in relation to the product line.
3. Sale Price
All sales prices of the products indicated in the online electronic catalog include VAT. and all other taxes.
4. Delivery Costs
The delivery costs of the goods, if not already included in the price, will be added as indicated in the order form from time to time. Shipments abroad (inside EU countries) are an exception and the cost will be 10 euros.
5. Duration of Validity of the Offer and Price
The price of the products is that indicated in the online catalogue, any changes or revocations of the offer will be governed by art. 1336 C.C. of the Italian Law. The offers of Products presented on the Site are valid within the limit of available stocks and subject to availability from suppliers. The products are presented as accurately as possible. Not being able to guarantee the perfect representation of the Products on the Website, in particular due to differences in color performance by the Internet navigation software and / or the display screens, MITOCHON SRL cannot be held responsible for the inaccuracy of the photographs that appear on the Site. Photos and drawings are purely illustrative, prices may vary due to transcription errors, discounts or changes to tax laws.
6. Methods of Payment
The Customer can pay for the goods or service as indicated on the website from time to time: by credit card on a bank circuit outside the Supplier’s organization or by bank transfer in favor of the Supplier to the credit institution indicated on the website. Regarding the method of payment by credit card, by filling in the appropriate space on the website, the Customer authorizes the Supplier to use his credit card, and to debit his current account in favor of the Supplier the amount total shown as the cost of the purchase made online. The whole procedure takes place via a secure connection directly connected to the Stripe or PayPal system, managers of the online payment service, to which the Supplier cannot access.If the payment is made by bank transfer in advance, the goods will be sent after payment has been received. Should the customer delay with the payment, we reserve the right to charge the reminder costs. By opting for this payment method, delivery may be delayed by a few days – a period of time that may vary according to the bank’s processing times.In case of use of Discount Coupons, we invite the customer to check the conditions for collection such as the minimum order value, the expiry date of the promotion, incompatibility with some offers, etc.
7. Conclusion of the Agreement
By sending the order, the contract cannot yet be considered concluded. The customer will receive an order confirmation email which only has the informative function and does not in any way represent a true acceptance of the offer.The contract will be concluded after the Customer has carried out the following activities:
a. Compilation of the digital form describing her/his identification data
b. Selection of the type of payment chosen
c. Final click of sending involving acceptance of the conditions of sale.
Once the online purchase procedure has been completed, the Customer is committed to print and keep these conditions of sale, which he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product object of the purchase in order to satisfy the conditions of Legislative Decree 206/2005 of the Italian Law. It is forbidden for the buyer to enter false, and / or invented, and / or fantasy data in the registration procedure necessary to activate the process for the execution of this contract and related further communications for him. The personal data and the e-mail address must be exclusively the Customer’s personal data and not those of third parties, nor of fantasy, the Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.The order sent by the Customer will be binding only if the entire order procedure has been completed regularly and correctly without any indication of error messages from the Site and is accepted when the goods are shipped. MITOCHON SRL reserves the right, for economic reasons, not to accept incoming orders even without giving reasons.
The contract with MITOCHON SRL is finalized when MITOCHON SRL accepts the customer’s offer by sending the products ordered by the same and confirming this process by a second warning email (order shipped).The purchase contract therefore becomes valid at the time of shipment. In some cases it may be necessary to request more information to process the order and we still reserve the right to refuse an order. The details of your order are electronically saved in the reserved area of the site.The Customer elects domicile in the place indicated in the digital form. By entering the telephone number, fax number and e-mail address, the Customer consents to the use of these communication systems by the Supplier. The contract will not be concluded in the event of a purchase by minors.The Customer undertakes and obliges, once the online purchase procedure is completed, to print and keep these General Conditions of Sale, already viewed and accepted during the purchase process.
8. Methods of Delivery of the Goods
Without prejudice to the general maximum limit imposed by Legislative Decree 206/2005 of the Italian Law, the goods so ordered will be delivered to the Customer by Express Courier SDA or BRT, possibly within seven days from the day following receipt of the payment confirmation of the goods, without any delays may constitute grounds for withdrawal from the contract or give rise to rights to compensation, except as provided for by Legislative Decree 206/2005 of the Italian Law. The Supplier guarantees the availability of the products listed in the online electronic catalogue at the time of publication of the same, but is not able to guarantee that any reordering of out of stock lots can be processed, in which case it will notify the Customer and will refund the sums already paid, in the forms and in the manner provided for by Legislative Decree 206/2005 or in agreement with the Customer if one or more of the items ordered is not available to make a partial delivery.
9. Failure to withdraw
For delivery, the presence of the Customer, or his representative, is required at the address indicated in the order. In the event that, at the first delivery step, no one withdraws the goods, the courier will leave a notice to the customer and arrange a second delivery step; if the goods are not collected at the second passage, the courier will keep the goods in storage at his warehouse for three days. If the Customer does not collect the goods, the Supplier reserves the right to charge the additional costs deriving from the Customer’s negligence regarding the failure to collect the shipment. The Supplier will also be entitled to exclude the Customer from subsequent purchases or to make the provision of the service subject to online payment.
10. Property Law
The Supplier remains the owner of the goods as long as the payment by the Customer is not credited to the Supplier’s account.
The Supplier assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, riots, strikes and / or lockouts, earthquakes, floods, damage to computer systems, system failures, and other similar events that prevented, in whole or in part, to execute the contract within the agreed time. The Supplier will not be liable for any damages, losses and / or costs incurred as a result of the non-execution of the contract for the reasons mentioned above, as the Customer is only entitled to a refund of the price paid.The Supplier guarantees compliance with the quality standards relating to the products; any liability related to the bad condition of the products due to improper handling after delivery is excluded.Any disputes related to the execution of the service may be raised, under penalty of forfeiture, within ten days following the delivery of the products. The Customer, from the moment in which he receives the damaged goods or requests their return to the carrier, has direct and exclusive action against the carrier itself. The latter is also liable for the delay in delivering the goods to the recipient. the Supplier, in such cases, must be considered exempt from any responsibility for loss or damage (damage) to the goods from the moment in which the same is delivered unconditionally to the carrier for transport.In the event of partial loss or damage not recognizable at the time of delivery, the Customer must report the damage just known to the carrier, under penalty of forfeiture, no later than eight days of receipt, by registered letter with return receipt. (Article 1698 of the Italian Civil Code).Likewise, the Supplier is not responsible for any fraudulent or illegal use of credit cards, checks and other means of payment. The Supplier, in fact, at no time during the purchase procedure is able to know the Customer’s credit card number which, via a secure connection, is transmitted directly to PayPal, the service manager.
12. Guarantees and Assistance Methods
The Supplier markets high quality products covered by the legal guarantee provided for by articles 128-135 of the Consumer Code. In compliance with the provisions of law, if the customer has found conformity or product defects, he can send an appropriate complaint or request for assistance to MITOCHON SRL by sending an e-mail to email@example.com. If objective product defects are detected, MITOCHON SRL will replace it with another identical or equivalent product without any shipping costs being charged to the customer. MITOCHON SRL has provided the correct methods of use and storage of its products on the package and package leaflet, therefore in the event of non-observance and care of the aforementioned standards by the customer, the guarantee cannot be recognized by the Supplier.
13. Replacement of Goods
The Customer has the right to request the replacement of the goods received, in the event that MITOCHON SRL has sent a product different from the ordered one.To request the replacement of the goods the Customer must write an email to firstname.lastname@example.org within 14 working days indicating:
– Name of the customer;
– Wrong name or code of the product (s);
– Name or code of the product / s you wish to have as a replacement.
MITOCHON SRL will send you a courier at its own expense to collect the goods and send you the replacement products within 7 working days (in case of immediate product availability) or within 25 working days (in case of immediate product non-availability). Under penalty of ineffectiveness of the right of replacement, all items must not have been used and must be provided with the original packaging and any manuals, without any lack.In the event that the item is no longer available, you will be contacted by our Customer Service who will insert in your personal card a credit corresponding to the value of the goods paid, which can be used for the next order or if you prefer, MITOCHON SRL will pay the amount by bank transfer to your current account.Attention: the shipping costs will be charged to the customer if the item received matches the one ordered.
14. Customer’s Right of Withdrawal
The Customer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, as indicated in Article 64 of Legislative Decree no. 206/2005 and following, i.e. that for contracts and for remote contractual proposals or negotiations outside the business premises, the Customer has the right to withdraw without any penalty and without specifying the reason, within the term of 14 working days. Although not required by law, in order to improve the service, a brief explanation of the reason for the withdrawal would be welcome. The right of withdrawal is exercised by sending a written communication to the Supplier’s address within the prescribed period by registered letter with acknowledgment of receipt. If the goods have been delivered, the Customer is obliged to return it at his own expense or to make it available to the Supplier or the person designated by him, within 14 working days from the notice of withdrawal, upon written indication of the chosen return method; in the absence of the above, the return will be considered made by means of the traceable postal service. Under penalty of ineffectiveness of the right of withdrawal, all items must not have been used (not even partially) and must be provided with the original packaging (the packages must not have been opened) and any illustrative leaflets, without any lack.If the Customer exercises the right of withdrawal in accordance with the above, the Supplier, if the customer does not accept a voucher of the same amount (excluding shipping costs), will refund the sums already paid no later than 5 working days from the date on which he came to knowledge of the Customer’s exercise of the right of withdrawal. If the price has been paid by credit card, the Supplier will credit the same sum, through the issuing institution, to the Customer’s card or if paid by bank transfer and has not already done so, we invite the Customer to communicate his bank details.The Goods must be returned with traceable shipping to: MITOCHON SRL – Returns Service – Via Pontebuco, 36 – 40068 San Lazzaro di Savena (BO).
It is understood that MITOCHON SRL will not proceed with the refund until the returned goods can be checked.Shipping costs will be borne by the Customer (and therefore will not be refunded) if the item received matches the one ordered.The Customer’s right of withdrawal does not apply in the event that the purchase of the goods was made at the point of sale (for example the pharmacy), since in this case the transaction is concluded at the time of issue of the receipt or of the invoice from the shop. It cannot therefore be considered a transaction concluded online or by mail order if the relationship is maintained with the manager of the store.The Customer will not be able to exercise this right for tailored products or clearly customized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
15. Responsibility of Users
The navigation on the site www.mitochon.it is under the responsibility of the users. MITOCHON SRL cannot be held responsible for failures, errors, computer viruses that could hinder the continuity of access to its site or for malfunctions in the computer installation of users that may be found following access to the site.MITOCHON SRL may not at any time be required to repair any direct or indirect damage that may be related to the use, access to its site or the download of items stored on the site (images, texts, files, videos …).
16. Protection of Privacy and Cookies
By purchasing on our site or registering to it, you will automatically accept our Privacy as detailed in the appropriate “Privacy” section. To record and process orders from buyers and / or respond to requests for information from users, MITOCHON SRL collects personal data concerning these persons.By concluding the order, the transfer to the courier of the personal data necessary for its delivery is also authorized.Customers and registered users of the site have a right of access, rectification, opposition and suppression of such data, in accordance with the provisions of the law whose complete regulation can be viewed in the appropriate section of the site on Privacy.
17. Force Majeure of the Customer
No Party may be held responsible for the total or partial non-execution of its obligations, if this non-execution is due to unforeseeable circumstances or the occurrence of a constituent element of force majeure such as, in this case and without this list being limiting, the flood , fire, storm, lack of raw materials, transport strike, partial or total strike or lock-out.The Customer affected by such events must inform the other party as soon as possible and at the latest within five (5) working days from the occurrence of such event.The parties agree that they will have to agree according to the best terms in order to determine together the methods of execution of the order for the duration of the case of force majeure.
18. Modification of the General Conditions of Sale
MITOCHON SRL reserves the right to modify these general conditions of sale. Any new version of them will be reported on the Site.The online version on the Site at the time of the order by the buyer will prevail over any other version of previous general conditions of sale.
19. Integrity of the Contract
These general conditions of sale and the summary of the order sent to the buyer form a contractual whole and constitute the entirety of the contractual relations between the parties.
20. Termination of the Agreement and Express Termination Clause
The Supplier has the right to terminate the contract by notifying the Customer. In this case, the Customer will only be entitled to a refund of any sum already paid. The obligations assumed by the Customer, as well as the guarantee of successful completion of the payment that he makes with the means referred to in art 6, have an essential character, so that by express agreement, the non-fulfillment by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a judicial decision, without prejudice to the right for the Supplier to sue for compensation for further damage.
21. How to cancel the order
If the customer decides to cancel an order placed, he must send an email within 24 hours to email@example.com. indicating: “cancellation of order no.” and indicating the personal data already communicated with the order itself.
Customers who intend to make complaints can send an email via the contact form or by writing to firstname.lastname@example.org.
23. Online Conciliation Service
In the event of disputes regarding online purchases, you can access the online conciliation service.
24. Copyright ©
All the content of the pages of the website www.mitochon.it – including photographic material, texts, trademarks, logos and graphics – are the property of MITOCHON SRL and their respective Manufacturers and Distributors and are protected by copyright. Their copying and dissemination requires the written consent of MITOCHON SRL.
In order to offer an additional service to the customer, MITOCHON SRL may publish the opinions expressed by the Customers in a special dedicated space within the site, reserving the right not to publish comments that do not fall within the mere right of criticism of the product but are instrumentally damaging to the reputation of the company, professionals or individuals. If MITOCHON SRL decides not to publish the review, it will in any case contact the Customer for the appropriate checks and, if necessary, to satisfy the expressed needs regarding the product or service in question.
Any dispute relating to the application, execution, interpretation and violation of this contract is subject to Italian jurisdiction. For any dispute between the parties regarding this contract, the Court of Bologna will always and in any case be competent, if located on the Italian territory, without prejudice to the applicability of art. 63 of Legislative Decree 206/05. The Supplier reserves the right to modify, if necessary, the general conditions of sale and therefore invites the Customer to consult them regularly.