SALES CONDITIONS

All commercial relationships entered into through the website www.bioaksxter.com shall be regulated by the present General Sales Terms and Conditions.

1. Definitions

- Manufacturer: “AXS M31 di Zambanini Silvana”, with registered offices in San Lorenzo in Banale (TN), Loc. Deggia 28, Italy, Tax Code Number ZMBSVN53T71L378B and VAT Registration Number 01783850223.

- Tel. (+39) 0465 734591
- Fax (+39) 0465 734591
- E-mail: info@axsm31.com

- Customer: The subject identified by the information entered at the time of registration for the shipment of the order, pursuant to these General Sales Terms and Conditions.
- Website: the Manufacturer’s Internet e-commerce website at the address www.bioaksxter.com;
- Consumer: The Customer as a physical person who acts for purposes that are beyond the scope of the business or professional activity that is carried out;
- Order(s): Purchase proposal(s) that is/are sent, from a distance, by the Purchaser to the Manufacturer;
- Product(s): The Manufacturer’s product(s), which is/are published in its online catalogue and are for sale through its website.
 

2. General Sales Terms and Conditions

The present General Sales Terms and Conditions define the methods of sale-purchase between the Manufacturer and its Customers. Anyone who makes a purchase through the Website (physical persons or legal entities), pursuant to the present General Sales Terms and Conditions are considered to be Customers. The Customer, upon the electronic transmission of the Order, unconditionally accepts and commits to adhering to the present General Sales Terms and Conditions for the Order(s). These General Sales Terms and Conditions shall be applied in exclusion of all other clauses, except for special agreements made in writing and signed by both parties. Purchases made by e-mail, telephone, fax or mail also imply the acceptance of the present General Sales Terms and Conditions, which can be read directly on the Website under the heading General Sales Terms and Conditions. The Manufacturer reserves the right, at its own discretion, to modify the present General Sales Terms and Conditions at any time. Each version of the General Sales Terms and Conditions is dated; therefore Customers are encouraged to read the General Sales Terms and Conditions before each purchase.
 

3. Object and Purpose of the Service

The Manufacturer provides the Customer with a virtual store on the Website at the address www.bioaksxter.com where it is possible to view and purchase online some of the AXS M31 products that are for sale through the Internet.

Therefore, for all other AXS M31 products, the Customer has the right to make use of other sales channels.

The e-commerce service is intended for the exclusive use of subjects residing in the territory of the European Union with the exception of the following counties:

- Poland, Hungary, Romania, Slovenia, Lithuania, Latvia, the Czech Republic, Slovakia and Bulgaria.

The Customer may freely view the electronic catalogue and the Manufacturer’s products, but may only make purchases following registration, with the understanding that the Customer should examine the present General Sales Terms and Conditions before making an Order. The transmission of an Order implies total knowledge of these General Sales Terms and Conditions and the complete acceptance of the same. Each time a Customer makes one or more purchases through the virtual store by placing articles in the electronic shopping basket from time to time, he shall receive an e-mail message confirming the purchases that have been made.
 

4. Product Availability – Execution of Orders

The transmission of an Order by the Customer is valid only as a proposal, pursuant to Article 1326 of the Civil Code and therefore is not binding in any way for the Manufacturer, who shall 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 Civil Code, may withdraw the proposal until the time that the Manufacturer, by means of electronic mail, communicates the acceptance of said Order.

The Manufacturer shall communicate its acceptance of the Order within a reasonable period of time and in any case within and not beyond 1 (one) working day from the receipt of the Customer’s Order.

The Order shall be processed within 24 (twenty-four) hours from its acceptance: this timeframe is purely indicative and in any event delivery shall be made within and not beyond 5 (five) working days from the date of the Order. The Manufacturer, however, cannot be held responsible for any damages or penalties deriving from a late delivery.

In the event of partial, total or temporary unavailability of the Product(s) requested, the Customer shall be informed and given the opportunity to modify or cancel the Order, without the application of any penalties. The Customer acknowledges that the communications sent by the Manufacturer in relation to the Order received shall be transmitted electronically (e-mail) and through the Web.
 

5. Nature of the relationship and cases in which consumer protection regulations shall not apply

In compliance with current, applicable national and Community laws, the economic relationship between the Manufacturer and the Customer is regulated by consumer protection regulations only in cases in which the Customer makes a purchase for personal reasons, that are not inherent to its own business activity. Therefore, consumer protection regulations, in particular Legislative Decree N. 206/2005 (Consumer Code) shall not be applicable to relationships between the Manufacturer and the Customer when the purchase made is inherent to its own business activity, as evidenced by the supply of its VAT Registration Number.
 

6. Prices

Notwithstanding other written indications, all prices are “EXCLUSIVE OF VAT” and denominated in Euros. Prices do not include transportation charges, applicable insurance charges and any other accessory or additional fees, which shall be the responsibility of the Customer and are indicated separately.
 

7. Payment Methods

To complete the transmission of the Order to the Manufacturer, the Customer may choose from the following payment methods:

a. through PayPal (https://www.paypal.com) with a credit card belonging to the VISA / MASTERCARD circuit (Visa, Visa Electron, MasterCard) and with pre-paid credit cards (such as Postepay, Vodafone Cash Card, Kalibra and others). In no case shall the Manufacturer be held responsible for any illicit or fraudulent use by third parties resulting in damages to the Customer, since the Manufacturer, at no time, is provided access to the credit card information, which is supplied directly by the Purchaser to the banking institution.

b. advance wire transfer with the following bank details: AXS M31 di Zambanini Silvana Unicredit Banca IBAN: IT19Y0200873880000041130190

In this case, the delivery terms shall be effective from the date that payment is received in the current account of the Manufacturer, which must take place within 5 (five) working days from the date of the Order confirmation, beyond which time the Order shall automatically be considered cancelled.

The payment description contained in the wire transfer must include the Order identification (year, type and Order number) which is contained in the Order confirmation e-mail message.
 

8. Invoices

For each Order made through www.bioaksxter.com, AXS M31 shall issue an invoice for the shipped items. The information provided by the Customer at the time of the Order shall be used to issue the invoice. Invoices cannot be modified once they have been issued. The Customer shall receive the invoice along with the goods, or through the regular postal service. The Manufacturer shall keep a numbered copy of each invoice issued.
 

9. Ownership of Goods

The Manufacturer shall remain the owner of the goods until the entire payment for said goods has been received from the Customer.
 

10. Delivery Methods

The Manufacturer shall make the shipment to the Customer with select express couriers and the goods shall be transported carriage paid with the costs and risks of the transportation the sole responsibility of the Customer. Said costs, in addition to any other charges connected to the transportation and/or the shipment of the products, are accounted for and detailed in the Order confirmation and the purchase invoice. Upon receipt of the goods at the domicile, the Customer must verify the integrity of the packages and the quantitative and qualitative correspondence of the items with the indications contained in the bill of lading. In the event of discrepancies and/or defects, the Customer shall be held responsible for documenting the same on the bill of lading, under penalty of forfeiture of its rights in relation to this matter.
 

11. Estimated Delivery Times

The Manufacturer estimates 2 (two) working days in Italy (with the exception of the islands and/or mountain communities that are difficult to reach) and 3-4 (three to four) working days in other cases, as the expected delivery time periods. The timeframes herein indicated shall be effective from the date of the Order confirmation that shall be sent by the Manufacturer to the Customer. The Manufacturer herewith states that these estimated delivery times are indicated by the carriers used; therefore, they are included here solely and exclusively as examples and they have NO contractual validity. The Manufacturer shall not be held responsible in the event that the delivery timeframes are not respected by the carrier(s).
 

12. Shipment Tracking

When the goods are turned over the courier, the Manufacturer shall send an e-mail to the Customer which contains:

- confirmation that the goods have been turned over to the courier;

- the shipment Tracking Number (information necessary to follow the shipment route through the courier’s own Internet website). Shipment tracking is handled entirely by the courier(s) and it is their complete responsibility. Therefore, the Manufacturer cannot be held responsible for problems or complications that may interfere with the tracking and control of the shipment through the courier’s website.
 

13. Carriers

The Manufacturer, depending on the weight and/or volume of the package, reserves the right to select the carrier, which in any case shall be considered acceptable and agreeable to the Customer.

The Manufacturer commits to communicating the all of the pertinent information (carrier, tracking number, etc.) regarding the shipment of the aforementioned package to the Customer.
 

14. Deliveries

The goods shall be delivered to the invoicing address indicated by the Customer at the time of registration. In the event that the delivery address is different than the invoicing address, the Customer is required to clearly indicate (on the registration form) the two separate addresses to avoid errors or complications in the delivery of the goods.
 

15. Consumers’ Right of Cancellation

Pursuant to Legislative Decree No. 206 dated 6 September 2005 (Consumer Code), in compliance with the provisions of Article 47 of the same decree, the Consumer may freely and without need for any reason, exercise the right of cancellation, by providing communication to the Manufacturer, through a registered letter with return receipt within 10 working days (Saturday, Sunday and holidays are not considered to be working days) from the date of receipt of the Product(s) purchased, pursuant to Articles 64 and 67 and successive of the Consumer Code.

The right of cancellation may also be exercised, within the aforementioned timeframe, by telegram or fax or by electronic mail provided that said cancellation is confirmed by a registered letter with return receipt within the following 48 (forty-eight) working hours. The registered letter shall be considered to be sent within a reasonable timeframe if delivered to the post office within the timeframe indicated by the Consumer Code. The fees for the registered letter and fax and any other accessory or additional fees are the responsibility of the Purchaser.

The return of the Product(s) must first be authorized in writing by the Manufacturer, who must confirm the legitimacy of the Customer’s cancellation. The Product(s) must be returned to the Manufacturer, within 10 (ten) working days from the receipt of the goods. For the purposes of the expiration of this timeframe, the goods shall be considered returned at the time they are delivered to the post office or shipping company.

No return, even if authorized, shall be accepted without the following information included in the bill of landing accompanying the Product(s):

- details of the return authorization as communicated by the Manufacturer to the Customer;
- bill of lading number;
- quantity and type of product(s) being returned;
- the original invoice;
- bank details for the bank wire transfer for reimbursement (IBAN Code – Current Account of the person/entity to which the invoice is issued – Bank Name).

An indication of the Order number, placed in a vertical position, must be included on the packages to be sent. The use of a courier or other means of transportation that allows for shipment tracking is recommended. The Manufacturer shall not proceed with the reimbursement for the Product(s) to be returned until the delivery of said Product(s) has been received. The Manufacturer shall credit the Customer with the corresponding amount of the value of the goods as indicated on the invoice within 30 (thirty) working days from receipt of the returned Product(s).

In any event, the expenses for the return of Product(s) and any other accessory or additional charges are the sole responsibility of the Consumer. The right of cancellation may only be exercised if the Product(s) are completely intact and in good condition. The Product(s) to be returned must include the original packaging in its entirety and must not show signs of tampering. Should the Manufacturer receive returned Product(s) that have been tampered with or damaged, the amount paid for the purchase of said Product(s) shall not be reimbursed. In this case, the Product(s) shall be returned to the Customer at its own expense.

The Product(s) shall be returned to the registered offices of the Manufacturer and shall be transported at the sole risk and responsibility of the Customer.
 

16. Customer Guarantees

The Customer guarantees to hold the Manufacturer harmless, and assumes any related responsibilities inherent to the same, from any prejudicial consequences resulting from the information supplied at the time of acceptance of the present General Sales Terms and Conditions; said information is considered to be true and correct and shall allow for the identification of the true identity of the Customer, who shall also agree to immediately inform the Manufacturer, in writing, also by e-mail, of any changes to the information supplied.

At the time of registration, the Customer is provided with an identification code (User Name) and a password (Password) and their combined use shall identify the Customer and allow the same to make online purchases through the Website. Therefore, the Customer is informed that purchase Orders issued through the combined use of the User Name and Password are valid and binding and that the disclosure of both to any third parties permits said third parties to issue standard Orders that are considered binding for the Customer, as identified by the User Name and Password, who shall be required to accept delivery of the ordered goods and any payment(s) due. Therefore, the Customer is required to safeguard both the identification code and the password with the utmost diligence, keeping both confidential for the entire duration of its relationship with the Manufacturer. Moreover, the Customer is informed of the necessity to communicate a valid e-mail address to the Manufacturer in order to allow the Manufacturer to send Order confirmations and all other necessary communications.
 

17. Communications

The Customer acknowledges that the notifications and communications inherent to all of the online services (including those relating to the purchase Orders) shall be carried out by the Manufacturer in and electronic mail (e-mail) format and through the Web service and also acknowledges the validity of the same, herein expressly renouncing the right to refuse acknowledgement of the content of the declarations sent and/or received in electronic format. The Customer is informed and acknowledges that the Manufacturer maintains an archive of the technical File Logs of its systems which are necessary for tracking the operations of sales offers and Order confirmations and acknowledges the validity of the same to reconstruct all the stipulated transactions.
 

18. Applicable Law

The laws applied to all of the e-commerce services of the Website shall exclusively be those of the Italian Republic.
 

19. Place of Sale and Jurisdiction

For all intents and purposes, sale(s) are considered to be made at the Manufacturer’s registered offices.

In the event of a dispute, the parties shall agree to an amicable resolution. The competent court for any and all disputes shall be limited to the jurisdiction of Trento.
 

20. Processing of Personal Data

The Customer is informed that:

- the data controller of the data processing is “AXS M31 di Zambanini Silvana”, with registered offices in San Lorenzo in Banale (TN), Loc. Deggia, Tax Code Number ZMABSVN53T71L378 and VAT Registration Number 0178385022, Tel. (+39) 0465 734591, Fax (+39) 0465 734591, E-mail: info@axsm31.com

- The data subject to processing are considered to be the information supplied by the Customer and the data relating to the use of the service on the Manufacturer’s Website.
- The purposes of the processing of said data are: compliance with legal requirements, fulfilment of the contract, the pursuit of the objectives of interactive trade information (with the possible transmission of advertising materials), promotions and obtaining additional information regarding the Customer’s needs and requirements. The Customer’s confidential information shall not be processed in any way.
- The processing methods provide for the use of both automatic and manual means.
- All communication and dissemination of data shall be exclusively limited to the Manufacturer and to the subjects inherent for the fulfilment of the contract or for compliance with legal requirements. A list of these subjects is available to the subscriber and can be requested at the addresses indicated above.
- Processing that is necessary for compliance with legal requirements or for the fulfilment of the contract or relating to the Internet connections with the Customer, which are subject to anonymous processing at the source for security purposes, shall be excluded from consent.
- The types of processing for which consent is required include: any processing related to the pursuit of interactive trade information, promotion and obtaining additional information regarding the Customer’s needs and requirements, as well as the communication of data according to the terms described above.
- Refusal to consent to the processing of this data shall render the stipulation of the contract impossible.
- The Customer is entitled to the rights provided for in Article 13 of Legislative Decree n. 196 dated 30 June 2003.

All Customers are invited to read the present General Sales Terms and Conditions before each purchase since the Manufacturer reserves the right to modify or update the content at any time.