General Terms and Conditions of Use
1. Contractors
These General Terms and Conditions shall represent the exclusive basis for any legal relationships between
Biovapo.com
Urb. El Cortijuelo 35
29790 - Chilches, Málaga
España / Spain
Manager: Stefano Giudici
NIF: Y5109028-Y
Tel: +34 682806845
e-mail: europa@biovapo.com
web: www.biovapo.com
and its customers which are constituted via the Biovapo.com Online Shop with the URL www.biovapo.com and the e-mail europa@biovapo.com.
The General Terms and Conditions of Use serve to comply with all legal requirements regarding the information of the customer and have to be read and understood by any customer before confirming his order. Moreover, the customer can also print or save the General Terms and Conditions.
1.1. Validity
These General terms and Conditions shall apply in the version applicable at the time of placing the order.
2. Orders and Shipping
The orders are delivered once they've been confirmed and the total amount of the invoice has been received by Biovapo.com. Packages are generally dispatched within 2 - 6 working days (Monday to Friday) after receipt of payment and are shipped via the Spanish postal service Correos de España (Sociedad Estatal Correos y Telégrafos, S.A., www.correos.es) as registered mail and drop-off with signature. All products are discretely packed, with only your address and a return address on the outside of the package. All packages have a full insurance. If the products do not arrive at your address for whatever reason, Biovapo.com will start an investigation at the postal service. This may take a while. If Biovapo.com have found out what went wrong with your package, will either send the package again to you or refund your payment. In case the package comes back from the courier because of missing receiver Biovapo.com does not bear any cost related to further shipments. Biovapo.com cannot send products with COD.
Biovapo.com takes responsibility for equipment that is lost or damaged in transit to the customer or the receiver of the order. The customer must report and document (for ex. taking a picture) damaged products by writing latest 24 hours after reception to europa@biovapo.com. The products reported as damaged in transit have to be returned within 7 days from the day of reception in their original package. Depending on the damage Biovapo.com will then decide to either replace the product partially or completely at its expense. Biovapo.com cannot exchange products that have been damaged by customer mistreatment and neglect.
2.1 Shipping costs
The price of each product includes national taxes and does not include shipping costs. Products are shipped as registered mail and drop-off with signature. Shipping fees include handling and packing fees as well as postage costs. National shipments (Spain) cost between €3,80 and €5,40 for orders lighter than 500gr. International shipments (European Union) cost between €5,50 and €10,55 for orders lighter than 500gr. International shipments (Rest of the World) cost between €6,00 and €14,75 for orders lighter than 500gr.
2.2 Delivery
Once the parcel has been sent off, the delivery times under normal circumstances are 2 - 6 working days for shipments inside the European Union and 4 - 12 working days for shipments to any destination outside the European Union. The customer can always verify the current situation of the shipment by sending an e-mail to europa@biovapo.com.
Any dates specified by Biovapo.com for delivery of the goods are intended to be an estimate and are not binding. In case of force majeure or other circumstances that obstruct or impede the processing of the order, Biovapo.com has the right to cancel the order or to delay the delivery, even when the order should have been confirmed previously. In this case Biovapo.com shall not be liable for damages for non-performance and refund the customers' payment immediately in the case of cancellation. The delivery times will be extended while the special circumstances persist and the customer has not cancelled the order.
2.3 Rights of the customer
If Biovapo.com has not processed and sent off the order within a maximum time limit of 4 working days after receiving the full payment for the order, the customer can cancel the order by written notification to europa@biovapo.com and is entitled to a refund of the full amount previously payed.
Once the order has been sent off, Biovapo.com shall not be liable for possible delays of the delivery times due to third-party responsibility. If the order is not delivered to the destination indicated by the customer within the estimated delivery time, Biovapo.com will try to track the shipment with its tracking number. Biovapo.com has 30 working days after the estimated date of delivery to locate the shipment. If within this period of time the whereabouts of the shipment cannot be clarified, the customer is entitled to receive a new shipment totally free of charge or to cancel the order and get a refund of the full amount previously payed.
2.4. Obligations of the customer
The customer is fully responsible for delivery problems due to mistakes in the delivery address indicated. It's also the customers responsibility to comply with the custom rules and local laws in the country of destination.
Products that are refused entry into your country by customs cannot be refunded, resent or exchanged unless they are returned to us in original closed packaging. Refunds on spent postage cannot be given. It is up to you to check your countries import laws before ordering. Consult the Disclaimer before buying the products.
When the order is shipped to the destination indicated by the customer but it´s then returned to Biovapo.com because nobody at the destination of delivery accepted or picked up the order, Biovapo.com will keep and store the parcel for the client. If the client wants the order to be shipped again, he will be charged the corresponding additional shipping and handling fees. If the customer prefers to cancel the order at this point, Biovapo.com will refund the customer's payment minus the shipping and handling fees assumed by Biovapo.com until that moment.
3. Payment / Secure Payment (SSL)
After you've selected your products click 'Check out' in order to confirm and pay your order. You can choose paying your order by bank wire to the official bank account of Biovapo.com, by credit or debit card, if your bank has activated this option, or by PayPal. PayPal allows easy and safe direct online payments but also admits credit card payments (Visa, Mastercard, American Express, Discover and Tarjeta Aurora).
Biovapo.com will assume the fees for credit card and Paypal payments (not for bank wires) which means that you'll only pay the price indicated without any additional costs for you.
If you choose the bank transfer option you'll receive our bank details on the screen and by e-mail after confirming your order. NOTE: We can only process your order if we receive the full amount indicated on the invoice. Possible banking fees are to be assumed by the buyer.
If you choose the PayPal option, then you'll be redirected to the secure SSL-encoded PayPal server. PayPal (www.paypal.com) is a global e-commerce business allowing fast, easy and direct payments through your e-mail account. Millions of businesses and customers worldwide use and trust PayPal (e.g. on eBay).
If you choose the credit or debit card you will be able to carry out the transaction by introducing and confirming your card number, expiration date and 3-digit card security code.
You can also make credit card payments using the PayPal environment as a guest without any need to register at PayPal. In order to do so, choose the PayPal paying option and once you're redirected to the PayPal server you have to click on the link 'I don't have a PayPal account'. Accepted cards besides Visa and Master Card are American Express, Discover and Tarjeta Aurora.
NOTE: Nobody from Biovapo.com knows or will ever ask you for your bank account, PayPal or credit card details!
3.1 What does SSL-encoding mean?
As soon as you reach a SSL-secure page, your browser will check the server-certificate. Using this data, the browser can tell whether or not it’s connected to the server designated by you. As soon as the verification has been successfully completed, your personal details will now be securely encoded and sent via a 256 bit-line across the internet.
4. Right of Withdrawal
Due to the impersonal nature of online and e-commerce purchasing, the law grants the customer a right of withdrawal. The customer has the right to cancel his declaration of contract without stating a reason within 14 days after having received the product in written form.
4.1 How to use the right of withdrawal
The customer doesn't have to state any reason in order to make use of his right of withdrawal, but it is important that he can prove that Biovapo.com has received his notification of withdrawal. Therefore it's convenient that on one hand he sends an e-mail to europa@biovapo.com stating his intention to return the product making use of his right of withdrawal and on the other hand additionally communicates his decision by Biovapo.com 's head office in Spain which allows to prove its reception:
- Registered mail to Biovapo.com 's head office in Spain:
Biovapo.com
Urb. El Cortijuelo 35
29790 - Chilches, Málaga
España
The notification of withdrawal has to include the business information of Biovapo.com, the customer's details, the reference number of the order and of the corresponding invoice, the date and the signature of the buyer.
4.2 What are the consequences of the cancellation?
In the event of an effective cancellation the mutually provided goods and services shall be returned. In case the customer cannot return or surrender the received goods and services as well as benefits enjoyed (e.g. benefits from usage) in total or in part or only in deteriorated condition, he/she'll have to, if applicable, provide compensation insofar. For the deterioration of the goods or for benefits enjoyed this only applies insofar as the use or the deterioration of the goods is due to a handling of the goods which exceeds the testing of the properties and the functionality. “Testing of the properties and functionality” means examining and trying out the goods as it is possible and usual to do for instance in a retail shop. The customer has to bear the ordinary costs of return if the goods received are in conformity with those ordered, and if the price of the goods returned does not exceed an amount of 6,50 Euros.
Once Biovapo.com has received the notification of withdrawal and the returned product it has to refund the corresponding payments within 30 days.
7. Applicable Law
This agreement is governed by the laws of Spain excluding UN sales law.
8. Place of Jurisdiction
The place of jurisdiction for all disputes arising from the contractual relationship is exclusively Chilches, Málaga (Spain).
9. Disclaimer
Should individual provisions of these General Terms and Conditions be or become null and void, the validity of the remaining provisions shall remain unaffected thereby. The invalid condition shall be replaced by the legally valid one.
Last update: 15 May 2018
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