GENERAL SALES CONDITIONS OF THE WEBSITE WWW.PLUSNUTRE.COM
1.1 These General Sale Conditions (hereafter “General Conditions”), provided to the User in compliance with the provisions of art. 12, par. 3 of Legislative Decree no. 70/2003 on electronic commerce as well as of Legislative Decree 206/05 and subsequent amendments, have as their object the sale, carried out remotely and via the web, of the Products listed on the website www.plusnutre.com, owned and managed by Plus Nutre sas di Litkowska Monika Urszula & C.
2.1. Plus Nutre” or the “Seller” is referred to Plus Nutre s.a.s of Litkowska Monika Urszula & C., represented by its pro tempore legal representative, with registered office in Pesaro (PU) – IT, Via Massimi 37, VAT code 02551270412, email address firstname.lastname@example.org, certified electronic email email@example.com.
2.2 “Site” or “Website” refers to the site accessible from the URL www.plusnutre.com
2.3 “Customer”, “User” or “Buyer” means the “consumer” – hereinafter “Consumer User”, who is the natural person acting with purposes not related to entrepreneurial, commercial, craft or professional activity or the “professional” – hereinafter “Professional User” – that is the natural or legal person carrying out his/her business, commercial, craft or professional activity, who submits a purchase order through the Site.
2.4 “Product(s)” means each and every product available for purchase through the Site including, but not limited to, food supplements and functional foods. Supplements are defined as food products intended to integrate the common diet and which are a concentrated source of nutrients, such as vitamins and minerals, or other substances having a nutritional or physiological effect, in particular, but not exclusively, amino acids, essential fatty acids, fibres and extracts of plant origin, both single- or multiple- compounds, in pre-dosed forms.
- GENERAL PROVISIONS
3.1 These General Conditions do not regulate the sale of products by third parties that may be present on the Site through links, banners or other hypertext links. Therefore, the Seller is not responsible in any way, neither for the contents of such sites nor for the delivery of services and/or the sale of products therein.
3.2 Through the electronic submission of his/her order, the User declares to have carefully read these General Conditions of Sale and to fully accept the contents therein.
3.3 The delivery of services from the Seller is reserved to Users of adults of age who reside in the Italian territory. The Owner therefore invites Users who are younger than eighteen to refrain from entering purchase orders, and reserves the right to disable purchase functions to those who have not communicated their young age or who have in any case submitted their personal details without the consent of their legal representatives, parents or guardians. In particular, the User declares, under his/her personal responsibility to be 18 years old, a necessary condition to be entitled to validly use the Services offered by the Site.
3.4 The Seller reserves the right to modify these General Conditions without prior notice, without prejudice to the application of the General Conditions that are in force at the date of submission of the purchase order.
4.1 Any Products sold through the Website are NOT drugs, they DO NOT replace a balanced and varied diet, they DO NOT have therapeutic, healing or disease prevention capabilities. These Products are NOT sold to diagnose, prevent or cure diseases. Before taking any Product, the Customer must to consult a physician. In the absence of specific medical prescription, children under 12, pregnant women, breast-feeding women and patients who are undergoing any treatment should refrain from taking nutritional supplements.
4.2 Plus Nutre shall not be held responsible for any damage, direct or indirect, resulting from the use, proper or improper, of the information provided on the Site which, under no circumstances, should replace a physician’s opinion.
4.3 The Seller declares to be an authorised reseller of the trademarks relating to the Products on the Site.
4.4 The Products images and photographs as displayed on the Site are for illustrative purposes only. The Seller undertakes to amend any inaccuracies in the description of the Products as timely as possible. To this purpose, the User is invited to report any inaccuracies he/she may find, by contacting the Seller directly at the addresses and contacts indicated under Article 1 of these General Conditions.
- PURCHASING PROCESS
5.1 In compliance with the provisions of art. 12 of Legislative Decree 70/2003, the User, after registering with the Site or entering the required mandatory data (data marked with the “*” symbol are to be treated as such), shall add the Product that he/she intends to purchase to his/her “cart” and complete the ordering process by following the instructions provided for each phase of the purchase.
5.2 Before the final submission of the order, the User will be shown detailed information regarding the Products purchase conditions, in compliance with the provisions of Article 52 of Legislative Decree 206/05. The User is required to check the correctness of the data he/she has entered and, if they are incorrect, to modify the same accordingly. In this phase, “Professional Users” may also request the issuance of an invoice from the Seller, entering the related necessary data. Otherwise a receipt will be issued, which will prevent the subsequent issue of an invoice.
5.3 After the electronic submission of the purchase order, pursuant to and for the purposes of Article 13 of Legislative Decree 70/2003, the Seller, after checking the accuracy of the data submitted by the User, will send him/her an email to the e-mail address entered by the User, to confirm the receipt of the order and provide the User with a summary of the general conditions of sale, detailed indications of the purchased product essential characteristics, the price including VAT, the available methods of payment, shipment costs as well as the withdrawal policy and arrangements and access to the customer service.
5.4 Pursuant to and by effect of art. 1326 of the Civil Code, the contract of sale will be considered concluded and, to its effect, binding on both parties, when the confirmation of the purchase order is brought to the knowledge of the User.
5.5 Registered Users can monitor the purchase order by accessing the “Account” section in his / her account area.
5.6 Should the purchase order turn out to be not processable within the agreed time frame and/or arrangements, the Seller will inform the User by e-mail in order to agree with the latter alternative times and modes of delivery.
5.7 It is expressly stated that the Seller shall not be responsible in any way for any direct or indirect damage caused by delays/non-fulfilments resulting from lack of availability of the Product or cancellation of the order due to the User’s failure to pay the price in the terms provided art. 7 below.
5.8 The above mentioned purchase order will be stored in the Seller’s database for the time necessary to process the order, in compliance with the related provisions laid down by Legislative Decree 196/03.
6.1 On each “product page included in the buy section”, the Product price is expressed in euro and includes VAT.
6.2 The Seller reserves the right to modify, without any prior notice, the price of each Product, however the User will be charged the amount indicated at the time of submission of his/her purchase order.
6.3 The Seller reserves the right to refuse orders from Users who do not provide sufficient guarantees of solvency or with which there are any pending disputes.
- PAYMENT METHODS
7.1 Users can make their payment through:
- a) credit card / prepaid card: Users can use PayPal, a payment gateway which ensures safety and confidentiality of the data provided. Plus Nutre will not have any access to the data relating to the payment instrument selected by the User, but will only receive information concerning the outcome of the transaction. For any relevant information Users are invited to refer to paypal.com website. If payment is made by credit/debit card, the order will be processed within 24 hours (weekends and holidays excluded) from the conclusion of the payment process.
- b) bank transfer: if payment is made by bank transfer, the bank details of the Seller will be indicated in the order confirmation e-mail. In this case, the User is bound to send an email to firstname.lastname@example.org within 7 (seven) days from placing the order, attaching a copy of the payment evidence, including the CRO reference. If the payment is made by bank transfer, the order will be processed within 24 hours (weekends and holidays excluded) from the receipt of confirmation of payment which must be transmitted as specified under letter b) above.
- c) cash on delivery: please note that that cash -on-delivery payments are accepted only if made by cash up to € 500.00; consequently, pursuant to and for the purposes of art. 1197 of the civil code, payments made using methods other than those expressly indicated will not be accepted. If payments are made by credit/debit card, the order will be processed within 24 hours (weekends and holidays excluded) from the conclusion of the payment process. In case of non-payment by the Buyer, for whatever reason, or in case of rejection of the purchased products, Plus Nutre will invite the customer to settle his/her due amount by credit card or bank transfer, reserving the right to act accordingly. Until the purchaser has successfully settled his debit position with Plus Nutre, the latter reserves the right to cancel any Product deliveries as well as to disable the purchase functions through the Site, subject to compensation for greater damage caused to the Seller.
7.2 If the payment is made as per the options provided under letters a) and b) of the previous paragraph, Users are required to pay the due amount within and no later than 7 (seven) days from the submission of the purchase order. If the User fails to do so, the Seller reserves the right to terminate the related contract as per art. 1456 c.c., providing notice to the Purchaser by e-mail.
- SHIPMENT, DELIVERY AND COSTS
8.1 Shipments of the Products will be made by express courier, on weekdays only (from Monday to Friday) to the postal address provided by the Purchaser. The Seller does not ship the Products outside the Italian territory.
8.2 If only some of the ordered Products are available, shipments will be made as soon as all the ordered products are available, unless otherwise requested by the User. In which case the Buyer shall bear any additional shipping cost.
8.3 The Products will be delivered approximately in 2/3 days from the day the order is processed by the Seller.
Shipping costs of the Products are as follows:
€ 6.50 for payments made by bank transfer;
€ 7.50 for payments made by PayPal or credit card;
€ 12.50 for cash-upon-delivery payments;
Free shipping for orders over € 200,00.
8.4 Products purchased through the Site may also be collected at Plus Nutre’s office, in which case no charges will be added to the Product price.
8.5 In case of non-delivery due to the recipient being temporarily absent, the forwarder will issue a note stating the attempt to deliver, which will include instructions to book a second delivery for which no additional costs shall be applied. Should the second delivery attempt be unsuccessful, the Product will be returned to the Seller who may agree new delivery arrangements with the Buyer or, alternatively, terminate the contract pursuant to and by effect of art. 1456 C.C.
8.6 In the above described situation, the Seller will notify by email the termination of the contract and will refund the User for the same amount paid, excluding delivery costs and the charges due to return the Product.
8.7 The Seller is not liable for any delays in the shipment and/or in the delivery of the Products generated by any delays or non-fulfilments caused by the Forwarder, the Manufacturer or by third parties and/or force majeure.
- PRODUCT CHECK UPON DELIVERY
9.1 Upon delivery of the Products, the User shall verify that the number of packages corresponds to what is written on the shipping documents, that the packaging has not been damaged and there are no visible signs of content breakage (e.g. noise of broken glass, abnormal dents).
9.2 Should any sign of damage occurred during transportation be detected, this must be immediately notified by the User to the Forwarder, the delivery must be rejected and the reason for such rejection must be written in the delivery note; failure to do so will cease the User’s rights to file a claim on the state of the purchased Products.
9.3 Should the notified anomaly be confirmed, the Seller will replace the damaged Products and will notify the User about the new delivery schedule. Once the Product packages have been opened, the User cannot file any claims for reimbursement or replacement of the Products. If, instead, the Seller verifies that the Products shipped have not been damaged, the Buyer will be notified accordingly and will be required to bear the costs of the additional shipment in order to receive the Products. Failure to do so will result into the termination of the contract as per the provisions under Art. 8.6.
- INSTRUCTIONS FOR PRODUCT STORAGE AND USE
10.1 Products sold by Plus Nutre must be stored by the Buyer keeping to the specific instructions and precautions, which keep into account the nature and type of the Products purchased, displayed on the product package.
10.2 Plus Nutre can not be held responsible for any alteration of the Products deriving from negligent preservation of the same, nor for any prejudicial effects suffered by the Purchaser due to incorrect storage of the Products or incorrect use (e.g. dosage) of the same.
11.1 Only the “Consumer User” is entitled, pursuant to art.52 et seq. of Legislative Decree 206/05, to withdraw from the contract entered with the Seller, without giving any reasons, no later than 14 days from the date of receipt of the purchased Products. Please note that the provisions on withdrawal do not apply to “Professional Users” and as a consequence, such right is granted to “Consumer Users” but not to “Professional Users”.
11.2 If the Customer purchases multiple products in one single order, and these are delivered separately, the withdrawal period (14 days) starts from the day on which the Purchaser, or a third party designated by him/her, enters in possession of each of the purchased Products.
11.3 The returned Products must be intact, perfectly sealed, complete with all their parts and in their original packaging.
11.4 The right to withdrawal shall be notified by registered letter with acknowledgement of receipt sent to “Plus Nutre s.a.s. di Litkowska Urszula & C.” having its registered office in Pesaro (PU) – IT, Via Massimi 37, or by following the below procedure: a) login to the site; b) access the “Account” section; c) click on “Request a Return”; d) fill in the form entering the order number and the reason of the withdrawal; e) send “Exercise right to withdraw”; f) wait for a message containing the confirmation that the withdrawal communicated by e-mail has been received and detailed instructions to return the Products.
11.5 The User shall return the purchased Products at his own charge and care, with no unjustified delay and in any case no later than 14 days from sending the registered letter notifying the withdrawal, or from the electronic forwarding of the communication that he/she intends to exercise his/her the right to withdrawal.
11.6 Since the risk related to the return of the purchased Products is borne by the Buyer, the Seller invites the User to insure the shipment, at his own expense, for the value indicated in the e-mail confirming the purchase order.
11.7 In accordance with the provisions of Art.56 of Legislative Decree 21/14, the Seller, upon receipt of the Products and after verifying their good conditions as specified under paragraph 2 of this article, will proceed to the reimbursement of the amount paid by the User within 14 days. This amount will be credited to the Buyer using the same payment instrument used for the purchase, unless otherwise agreed with the User. 11.8 Should the Seller verify the failure to comply with the requirements on the product conditions as per Art.11.3 (packaging and content), or should the withdrawal not have been exercised correctly, the Seller will inform the User by e-mail of such circumstance, indicating the deadline within which it will be possible to collect the Products re-shipped / delivered by the User to the Seller. In such cases, the User will be required to bear the new shipping costs.
- CASES OF EXCLUSION OF THE RIGHT TO WITHDRAWAL
12.1 In compliance with the provisions of Article 59 of Legislative Decree 206/05, the exercise of the right to withdrawal by the “Consumer Customers” is excluded if: a) the Products are tailor-made and/or customised; b) the Products risk to deteriorate or expire rapidly; c) the sealed Products have been opened after delivery and cannot be returned for hygienic or health protection reasons.
13.1 Due to the particular characteristics of the Products sold through the Website and their perishable nature, they are excluded from the Legal Guarantee of Conformity provided for in articles 1228 et seq. of Legislative Decree 206/05.
- SERVICE INTERRUPTION
14.1 The Seller reserves the right to temporarily suspend, without any prior communication, the delivery of the Services for as much time as the Seller deems necessary to perform technical interventions aimed at improving the quality and usability of the Site or for security reasons.
- INTELLECTUAL PROPERTY RIGHTS
15.1 The contents of the Site, which include but are not limited to, images, photographs, documents, logos and any other material in any format published on the Website, web pages, graphics, processes, functions and software, are protected by copyright and by all other intellectual property rights of Plus Nutre. It is therefore forbidden to reproduce, even in part, or modify, sell or exploit in any other way the images and contents available in the Site. Any violation of the intellectual property rights made by the user and claimed by the Seller will justify the latter to take action to obtain compensation for any damage suffered.
- CLAIMS AND INFORMATION
16.1 For any complaint or clarification, the Buyer may contact the Seller directly by e-mail at email@example.com, or at the addresses and contacts provided in art.1 above.
- ALTERNATIVE RESOLUTION OF DISPUTES
17.1 Pursuant to and for the effects of art. 14 of EU regulation No. 524/2013, consumers who are resident in EU countries can refer to ODR procedures (Online Dispute Resolution) as established by the European Commission, procedures described at the following link: https://webgate.ec.europa.eu/odr/, for the resolution of disputes arising from this contract and the online services provided by the Site.
17.2 In compliance with the aforementioned regulations, Plus Nutre also informs that its e-mail address is as follows: firstname.lastname@example.org
18.1 The Seller, in his capacity as Data Controller, undertakes to process the personal data provided by the User in compliance with the principles and rights established by Legislative Decree no. n. 196/2003 “Personal Data Protection Code” and by EU Regulation No. 2016/679 and for purposes strictly connected to the execution of the contract signed with the User.
- REFERENCE TO LAWS AND REGULATIONS
19.1 For any other issue not expressly covered by these General Conditions, please refer to laws and regulations in force.
For any controversy concerning the interpretation, execution and termination of the Contract, the Court of Pesaro shall have exclusive jurisdiction, except in case the User has acted and concluded this contract as a Consumer. In such hypothesis, the mandatory jurisdiction will be that of the Court at the Consumer’s place of residence, provided it is located within the Italian territory.