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Please read these general terms and conditions of sale and use of the www.body3co.com website carefully (the "website"). This document contains important information regarding the rights and obligations of the user.
These terms and conditions (the "Terms and Conditions of Sale") apply to the purchase of the products available on the website (the "products").
The products featured on the website are sold by SGNetshop S.r.l. (the "seller").
1. PURCHASE ORDERS
1.1 The products sold on the website www.body3co.com can only be purchased and delivered to the countries indicated on the order form.
1.2 Orders can only be made by private customers (end consumers); the purchased products are intended exclusively for personal use and may not be resold. The resale or distribution of the products purchased on the website is therefore strictly prohibited.
1.3 Despite doing everything possible to reproduce the colours, designs and styles of the products shown on the website as accurately as possible, certain differences may nevertheless be encountered due to the characteristics of the user's computer. For this reason, the seller may not be held responsible for any errors or inaccuracies in relation to the photographs and graphic representations of the products shown on the website.
1.4 The product offers and prices are valid depending on availability. While filling out the order, the user is provided with all the necessary indications regarding the products' availability; in the event that a product is found to be unavailable after the order has been submitted, the user will be promptly notified and will have the option to either order another product on the website or else to cancel the order itself. In the event that the order is cancelled, the payment will be refunded immediately.
1.5 Before the order is submitted, the customer is provided with an order summary containing the details, quantities and prices of the selected items. This summary should be read carefully prior to confirming the order.
1.6 The seller shall not be held responsible in the case of lack of inventory or missing products.
1.7 The seller reserves the right to change the products offered on this website at any time and without notice.
2. ORDER CONFIRMATION - BINDING AGREEMENT
2.1 All orders are binding upon written acceptance on the part of the seller, and will likewise be confirmed by the seller via email.
2.2 Prior to completing the order, the user will be asked to confirm that he/she has read the terms and conditions of sale, including the information regarding the right of cancellation and the processing of personal data.
2.3 The order confirmation on the part of the seller and the terms and conditions of sale will be considered as the final agreement stipulated between the seller and the user with regard to the items contained in these terms and conditions of sale.
2.4 The order shall not be subject to correction or cancellation, with the exception of the cases foreseen by these general conditions or in accordance with the applicable regulations.
2.5 The data recorded by the website constitute the evidence of the entire transaction that has taken place between the seller and the customer. In the event that any disputes should arise between the seller and the customer regarding a transaction carried out via the website, the data recorded by the website will be held as irrefutable proof of the transaction itself and the relative contents.
3. SALES PRICES
3.1 All the prices shown on the website and in the order are expressed in EURO and are to be understood as VAT inclusive.
3.2 Unless otherwise specified, in the event that the shipment's destination is outside the EU or in a Country for which the current regulations impose charges on imports, the prices indicated on the website and in the order are to be understood as excluding any costs associated with customs duties and the relative taxes, which cannot be calculated beforehand. The amount of these costs will be communicated to the customer by the carrier upon the products' delivery.
3.3 The seller reserves the right to change the prices of the product at any time and without notifying the user, for whom the prices displayed on the website at the time of the order confirmation will be applied.
4. METHODS OF PAYMENT
4.1 The purchase price for the products and the relative shipping and delivery costs can be paid using the methods specified in the order form, which are summarized below:
4.1.1 PayPal (PayPal Account or credit card/ debit card accepted by the PayPal system)
4.1.2 Cash on Delivery (COD)
4.1.3 Wire transfer to “SGNetshop Srl” using the following bank information:
BANCA POPOLARE DI VERONA Filiale di Goito (MN)
Piazza Antonio Gramsci, 4 - 46044 Goito, Mantova, Italia
C/C: 0000 0000 00249
For points 4.1.1 (PayPal) and 4.1.3 (Wire transfer), the order will be processed as soon as the payment is received.
5. SHIPMENT AND DELIVERY
5.1 The products will be shipped to the specified shipping address using the courier indicated by the seller during the ordering process. The company shall bear no responsibility for any orders delivered to incorrect destinations in the event of an address change.
5.2 The user shall bear all the shipping costs associated with the delivery of the products purchased on the website. The user will be notified of the shipping costs before the order is shipped, and the amount in question can be paid together with the purchase price for the ordered products, including VAT.
5.3 The delivery dates are to be understood as indicative only.
5.4 Any missed deliveries or delivery delays in excess of eight (8) business days must be promptly reported to the customer support service.
5.5 Whatever the case, the seller shall bear no responsibility for any direct, indirect, incidental, consequential or any other type of damages resulting from the submission of incomplete information, or any delays or errors in the shipment or delivery of the order itself. In the event of a failed delivery that can be demonstrably attributed to the seller, the user will have the right to request either the delivery of the same product at no additional charge, or else the reimbursement of the purchase price.
5.6 The recipient is required to verify the integrity of packages delivered by the courier immediately upon receipt. In the event that any anomalies are encountered (e.g. open packages, damaged items, etc.), these must be brought to the courier's attention and duly noted, and the delivery itself must be rejected. Failure to do so will compromise the user's possibility to exercise his/her rights in this regard.
6. RIGHT OF CANCELLATION, REFUND OR REPLACEMENT
The complete notice regarding the right to cancel the order or request a refund or replacement for the merchandise can be found in the section titled Cancellation, refund and replacement.
7. EXEMPTION FROM LIABILITY
7.1 The seller shall not be held liable, under any circumstances, for any special, indirect, consequential or incidental damages of any kind resulting from product defects or failures, the violation of any express or implied warranties, breach of contract, illicit activities (including negligence), or product liability (whether in the strict sense or otherwise), even if the seller has been informed of the possibility of such damages. Since certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the limitation cited above may not apply to the specific user.
7.2 Notwithstanding any other provisions contained herein, the seller's total liability in relation to the products, whether by contract, warranty, illicit activity (including negligence), product liability (whether in the strict sense or otherwise), shall not, under any circumstances, exceed the actual amount paid by the user for the products resulting in the liability in question.
8. FORCE MAJEURE
The seller shall bear no responsibility for any damages resulting from delayed product deliveries or the failure to provide immediate notice in the event that the delays in question are due to force majeure, acts on the part of the buyer, acts on the part of the civil or military authorities, wars, riots, organized labour actions, the unavailability of materials and/or any other causes beyond the company's reasonable control. The anticipated delivery date shall be understood as extended for a period of time equal to the time lost due to the delay justified under this provision.
10. INTELLECTUAL PROPERTY
10.1 The Website is the exclusive property of the seller, as is any information and material contained therein. Any distribution, publication, transmission, modification, sale, and/or total or partial reproduction of the information and material contained on this website by any means (with the exception of that which is expressly foreseen herein) is to be considered strictly prohibited.
10.2 The "Body&Co" trademark, as well as all other registered or unregistered trademarks and logos displayed on the website and the domain name www.body3co.com, are and remain the exclusive property of the seller. Any use of these trademarks for any purpose without the prior express consent of the manufacturer is to be considered strictly prohibited.
10.3 It is not permitted to remove or alter any copyrights, trademarks or other proprietary notices contained on the website or in its contents. It is possible to access or view the content of the website on a computer or another device and to make single copies of the web pages published on the website for private, personal or non-commercial use, provided that each copy of the web pages contain all the copyright and other protection notifications contained on the website itself.
11. EXTERNAL CONNECTIONS
The website may contain links to third party websites that are not directly utilized or controlled by the manufacturer or seller. These links provide access to websites operated by third parties, and the manufacturer or seller shall bear no express or implicit responsibility for their contents or the products or services offered by the same. The user hereby acknowledges and agrees that the company shall not be held responsible for any information, contents, products, services, advertisements, codes or other materials that may or may not be provided by such third party websites. It is only permitted to provide a link to the website where expressly authorized in writing by the manufacturer.
12. LIMITATION OF LIABILITY
The seller shall not be held liable to the users or any other third parties for any direct, incidental, special or consequential damages, including but without limitation, the loss of products or other intangible losses arising from or relating to the use or inability to use the website, even if the company has provided information regarding the possibility of such damages.
13. WARRANTY EXEMPTION
13.1 The seller does not warrant or guarantee that the website is free of viruses or other harmful material, or that the information contained on the website is accurate, complete or up to date.
13.2 It is not guaranteed that the website or the services, content, features or materials provided by the website will be accurate, secure, constant or free of errors, or that any such defects can be corrected.
13.3 The website and the contents are furnished in the manner that they appear and are rendered available. The seller cannot issue guarantees of any kind, whether express or implied, with respect to the website.
14. APPLICABLE LAW, JURISDICTION
This agreement, the "terms and conditions of sale" and the "terms and conditions of use of the website" are governed by Italian law, regardless of any disputes that may arise or choice of legal provisions. The user hereby acknowledges and agrees that any disputes that may arise will be settled in Italy and that the courts of law located in Italy will have complete jurisdiction over this agreement and the user.