- Object
1.1. These General Terms of Sale (hereinafter, General Terms) govern the purchase of Products made remotely via telematic network through the website www.bioformula.it (hereinafter, the Website).
1.2. The owner of the Website is Bioformula Srl (hereinafter, Bioformula), with registered office at Via del Lavoro, 4a/6 20865 – Usmate Velate (MB) – ITALY – VAT no.: 03603880968, registered with the Register of Companies of MONZA E BRIANZA under no. 03603880968, R.E.A. of MB no. 1688758.
- Acceptance of the General Terms of Sale
2.1. All purchases of Products made through the Website (hereinafter, Purchase Contracts) by users accessing it (hereinafter, Customers) are governed by these General Terms, as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), Section II on Distance Contracts (Articles 50 – 67), and the Italian regulations on electronic commerce (Legislative Decree 70/2003).
2.2. By concluding the Purchase Contracts following the set procedure, the Customer accepts and undertakes to comply with these General Terms.
2.3. Therefore, the Customer is required to carefully read these General Terms, made available by BIOFORMULA, before carrying out any purchase transaction, also in order to allow reproduction and storage in compliance with Article 12, paragraph 3 of Legislative Decree 70/2003.
2.4. BIOFORMULA may modify, at any time and without prior notice, the content of the General Terms. Each Purchase Contract shall be subject to the General Terms published on the Website at the time the purchase order is submitted by the Customer.
- Products
3.1. www.bioformula.it (hereinafter the “Website”) is an online platform for the sale of cosmetics and medical products, beauty products for body and face care, and related accessories, all under the BIOFORMULA brand (hereinafter, “Products”).
3.2. All Products offered are thoroughly detailed on the Website, within their respective sections, categorized by Product type.
3.3. The visual representation of the Products on the Website, where available, is for illustrative purposes only and normally corresponds to the photographic image of the Products themselves. It is intended solely for presentation for sale, without any guarantee or commitment from BIOFORMULA regarding the exact correspondence between the image shown on the Website and the actual Product, particularly with respect to the actual dimensions and/or color aspects of the Products and/or packaging.
3.4. In the event of any discrepancy between the image and the written product description, the latter shall always prevail.
- Purchase Procedure
4.1. The Customer may purchase the Products listed in BIOFORMULA’s electronic catalogue, thoroughly described on the Website within their respective sections by Product category, as detailed in the corresponding informational pages, following the technical access procedures described therein.
4.2. To purchase the Products, the Customer must register on the Website by providing their personal details, following the instructions provided in the registration process, and must complete and submit to BIOFORMULA the order form in electronic format available on the Website, following the instructions provided. Purchase orders must be completed in every part. If the Customer does not wish to register on the Website, they will not be able to complete the purchase process.
4.3. The Customer must place the selected Products into the appropriate “Cart” and, after selecting the courier and reviewing and accepting the delivery charges, may proceed with the purchase.
4.4. If the Customer needs to modify the purchase order or change any details contained within it, they must follow the modification procedure provided on the Website. In particular, the Customer may change the quantity of Products to be purchased, adding or removing one or more Products from the Cart.
4.5. Once this operation is complete, the Customer will see a screen displaying a summary of the purchase order, including delivery costs, and will be asked for further confirmation of the purchase process.
4.6. After viewing the summary, the Customer must select the desired payment method, i.e., cash on delivery, credit card, or bank transfer, and submit the order by clicking the appropriate button.
- Conclusion of the Contract
5.1. The publication of Products on the Website constitutes an invitation to Customers to submit a contractual purchase proposal. The order submitted by the Customer constitutes a contractual proposal and implies full knowledge and complete acceptance of these General Terms.
5.2. Each Purchase Contract concluded between BIOFORMULA and the Customer shall be deemed finalized upon BIOFORMULA sending the order acceptance to the Customer’s email address. This confirmation message will indicate an “Order Number,” which must be used in any subsequent communication with BIOFORMULA. The message will include, in addition to the information required by law, all data provided by the Customer, who undertakes to verify its accuracy and promptly communicate any corrections. Any additional costs arising from errors in the data not promptly reported shall be borne exclusively by the Customer.
5.3. Each order may be viewed by the Customer on the Website, in their personal area, if registered, or by contacting BIOFORMULA’s Customer Service, immediately after the order is submitted.
5.4. There may be occasional unavailability of the Products offered. In such cases, if the Products selected by the Customer are wholly or partially unavailable, the order will be processed with the available Products after notifying the Customer regarding the unavailable items.
5.5. BIOFORMULA reserves the right, at its sole discretion, to accept or reject the order submitted by the Customer, without the latter having any right or claim, on any grounds, including compensation, in the event of non-acceptance of the order.
5.6. Specifically, BIOFORMULA reserves the right not to accept purchase proposals and to cancel orders that do not provide sufficient guarantees of solvency or if – even after verification with the credit card payment system – anomalies are detected in transactions or in the payment methods used by the Customer.
5.7. The Customer may verify the content of concluded purchase contracts at any time by accessing their personal area on the Website, if registered, or by contacting BIOFORMULA’s Customer Service. These details will be available for a period of 12 months from the delivery of the Products.
- Product Prices
6.1 All Product prices are clearly indicated on the Website and include VAT. Delivery costs are appropriately highlighted at the time of the order. The cost of each shipment may vary depending on the delivery and payment method, as well as the destination and total order amount.
- Invoicing and Payment Methods
7.1. BIOFORMULA issues an invoice for the purchased Products when the Products are delivered to the courier for shipment, sending it in paper format with the Customer’s goods. The invoice will be based on the information provided by the Customer. No changes to the data will be possible after the invoice has been issued.
7.2. As detailed below, payments by Credit Card and PayPal require only authorization or a reservation of funds without an actual charge at the time the Customer places the order. The payment is only effectively charged to the Customer when the Products are delivered to the courier for shipment. At that stage, BIOFORMULA will also issue the invoice for the order.
7.3.. Payment for purchased Products can be made by credit card, cash on delivery, or bank transfer, according to the methods specified below:
Online Credit Cards
Accepted credit cards: Visa, Mastercard, American Express.
All data is transmitted securely in encrypted form via SSL certificate and is therefore not accessible by third parties.
Furthermore, data entry takes place directly on the bank’s Website, ensuring maximum security.
The order amount is not immediately charged to the card but at a later stage, within the limits authorized by the Customer.
At the time of order submission on the BIOFORMULA Website, only payment authorization for the indicated amount is requested (often, at this stage, an SMS/email is sent to the Customer by the card-issuing bank).
Authorization does not involve the actual debit but simply a reservation of the amount.
When the order is handed over to the courier, shipping agent, or any other party appointed by BIOFORMULA for delivery, the actual debit of the due amount is processed.
This ensures that the amount is only charged to the credit card at the time of the actual and confirmed shipment of the Products, and only for the amount corresponding to the Products actually shipped.
Cash on Delivery
The Customer can pay directly to the courier delivering the ordered Products.
For this payment method, cash or checks payable to Bioformula Srl are accepted. The courier will not deliver the Products if the exact amount indicated in the order is not received. The courier is not authorized to provide change.
- Delivery Methods and Costs
8.1. BIOFORMULA undertakes to deliver the goods without undue delay and in any case no later than thirty days from the conclusion of the contract. Delivery of the Products will be made via courier, and delivery times will vary depending on the destination. The delivery times indicated at the time of purchase are indicative.
8.2. BIOFORMULA delivers to all countries listed on the Website, and delivery will take place without prior appointment.
8.3. No liability, for any reason, can be attributed by the Customer to BIOFORMULA in case of delays in processing the order or in the delivery of the Products covered by the Purchase Contracts.
8.4. The ordered Products will be shipped to the postal address specified by the Customer. Upon delivery of the Products to the courier by BIOFORMULA, a shipping confirmation email will be sent to the Customer.
8.5. Deliveries will be made from Monday to Friday during normal business hours, excluding national holidays, according to the courier’s terms chosen by the Customer. Delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In case of failed delivery due to the recipient’s absence, the courier will send a notice email and attempt a new delivery according to its standard procedures.
If it is not possible to complete the new delivery due to the recipient’s absence, Customer Service will attempt to contact the Customer to arrange another delivery. If Customer Service cannot reach the Customer within 10 days or if further delivery is impossible due to the recipient’s absence, the Products will be returned to BIOFORMULA.
After 30 (thirty) days from the date the Products were returned to BIOFORMULA due to failed delivery, the contract will be deemed terminated, and the purchase order cancelled pursuant to Article 1456 of the Italian Civil Code. BIOFORMULA will refund the amount paid by the Customer, minus the return shipping costs and storage costs incurred by the courier.
8.6. The termination of the contract and the refund amount will be communicated by email. The refund will be made using the same payment method used by the Customer for the purchase. If, before the 30-day period expires, the Customer requests redelivery of the purchased Products, BIOFORMULA will proceed with the new delivery, charging the Customer both for the new delivery and for the return and storage costs.
8.7. Upon delivery of the Products by the courier appointed by BIOFORMULA, the Customer must carefully check:
- That the tamper-proof label is intact and the packaging is not damaged or altered in any way.
- That the number of items delivered corresponds to what is stated in the shipping document.
8.8. Any damage to the tamper-proof label, packaging, or Products, or discrepancies in the number of items/packages or details, must be immediately reported by the Customer, who may contact BIOFORMULA’s Customer Service, specifying the order involved.
8.9. In cases of force majeure, lack of transport means, or unforeseeable or unavoidable events causing delivery delays, difficulties, or impossibilities, or a significant increase in delivery costs for BIOFORMULA, the latter reserves the right to split, postpone, or cancel, in whole or in part, the expected delivery or to terminate the Purchase Contract. In such cases, BIOFORMULA will promptly notify the Customer by email, and the Customer will be entitled to a refund of any amount already paid, excluding any further claims against BIOFORMULA.
- Discount Vouchers – Promotions
9.1. Any discount vouchers or promotional codes may be entered by the Customer during the order process. The system will update the total order amount net of the voucher value.
9.2. The discount voucher may be combined with other promotional offers only where expressly indicated.
- Right of Withdrawal and Its Effects
10.1. The Customer has the right to withdraw from the contract, without giving any reason, within 14 days.
10.2. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, takes physical possession of the goods. In the case of a contract for multiple goods ordered in one order and delivered separately, the period expires 14 days from the day the Customer or a third party, other than the carrier, takes physical possession of the last good.
10.3. To exercise the right of withdrawal, the Customer must inform BIOFORMULA (BIOFORMULA SRL, Via del Lavoro, 4a/6 20865 – Usmate Velate (MB) – ITALY – VAT: 03603880968 – info@bioformula.it) of their decision to withdraw from the contract by means of an explicit declaration (e.g., a letter sent by post or email). The Customer may use the withdrawal form available at this link, but it is not mandatory; the Customer may also send any other clear declaration of their decision to withdraw from the contract.
10.4. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
10.5. If the Customer withdraws from this contract, BIOFORMULA will refund all payments received from the Customer, including delivery costs (except for additional costs arising from the Customer’s choice of a delivery method other than the least expensive standard delivery offered), without undue delay and in any event no later than 14 days from the day on which BIOFORMULA is informed of the Customer’s decision to withdraw from this contract. The refund will be made using the same means of payment used by the Customer for the initial transaction, unless expressly agreed otherwise; in any case, the Customer will not incur any fees as a result of the refund.
The refund may be withheld until BIOFORMULA has received the goods or until the Customer has supplied evidence of having sent back the goods, whichever is earlier.
10.6. The Customer must return the goods or hand them over to BIOFORMULA at Bioformula s.r.l., Via del Lavoro, 4a/6 20865 – Usmate Velate (MB) – Italy, without undue delay and in any event no later than 14 days from the day on which they communicated their withdrawal from this contract. The deadline is met if the Customer sends back the goods before the 14-day period has expired. The direct cost of returning the goods will be borne by the Customer. The Customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
10.7. The Customer may not exercise the right of withdrawal in the case of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
- Non-conformity of Products and Defective Products
11.1. The Products offered on the Website comply with national and EU legislation. The images and colors of the Products published on the Website may differ from the actual ones due to local settings of the systems and/or tools used for their display.
11.2. In the event of a lack of conformity of the Products purchased with respect to the description published on the Website, or in the event of a faulty or defective Product, the Customer has the right to an immediate refund of the non-conforming item, subject to submission, via the form found in the Customer Service section, of photographs clearly showing the damage or non-conformity of the Product.
11.3. A communication from BIOFORMULA staff will follow, indicating the method of refund, which may, at the Customer’s discretion, also be issued in the form of discount vouchers for future purchases exceeding the value of the goods to be refunded, excluding any further liability of BIOFORMULA, on any grounds.
11.4. The provisions on the legal warranty of conformity of goods, as provided for in the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135), remain unaffected.
- Personal Data Processing
Customer data is processed by BIOFORMULA in accordance with the current legislation on the protection of personal data, as specified in the notice available in the dedicated section called “Privacy Policy.”
- Communications and Complaints
All communications or any complaints by the Customer against BIOFORMULA regarding Purchase Contracts must be submitted through the appropriate tools provided on the Website.
- Intellectual Property Rights
All trademarks (registered and unregistered), as well as all intellectual creations, distinctive signs or names, images, photographs, written or graphic texts, and more generally any other intangible assets protected by intellectual and industrial property laws and international treaties, reproduced on the Website, remain the exclusive property of BIOFORMULA and/or its licensors, and no rights over them shall arise for the Customer from access to the Website and/or the conclusion of Purchase Contracts. Any use, even partial, of the same is prohibited without prior written authorization from BIOFORMULA, which reserves all related rights exclusively.
- Governing Law and Jurisdiction
15.1 These General Terms and any contract concluded with the Customer are governed by Italian law, without prejudice to the application of EU regulations and international treaties where applicable, as well as national consumer protection laws.
15.2 For any dispute relating to the interpretation, execution, validity, or effectiveness of these General Terms and any contract concluded with Customers, the competent court shall be that of the Customer’s place of residence or domicile, if located in Italy.
The products, services, and promotional samples on the BIOFORMULA website are for personal use only. Online consumers are not permitted to sell or resell products, services, or promotional samples received. BIOFORMULA reserves the right to reduce or terminate any supply of products or services if it has reason to believe that the user’s conduct may violate the Terms of Sale.
BIOFORMULA offers different payment methods to meet any need:
– Payment by Credit Card online (Italy and abroad)
– Payment to the Express Courier with cash on delivery (maximum order: €5000) and can only be made in Italy
– Payment by bank transfer (Italy and abroad)
The order management costs vary depending on the payment method chosen:
– Credit Card: Free
– Cash on delivery: €4.00
– Bank Transfer: Free
PAYMENT BY CREDIT CARD
The credit cards accepted are: Visa, Mastercard, American Express.
All data is transferred in encrypted form using an SSL (Secure Socket Layer) certificate and is therefore not interceptable by external parties.
Furthermore, the data is entered directly on the Banca Sella website, thus guaranteeing maximum security.
The card is not charged immediately but an authorization of the amount is requested during the completion of the online order. Subsequently, during the creation of the package, the correct amount will be charged.
This guarantees that the card is charged only when the material is shipped and, in the event of partial fulfillment of the order, only for the amount relating to the products actually shipped.
PAYMENT TO THE EXPRESS COURIER WITH CASH ON DELIVERY
The Customer can pay directly to the courier who will deliver the ordered products.
For this payment method, cash or bank check made out to Bioformula Srl are accepted. Delivery of the products will be denied in the event of failure to pay the exact amount of the order.
PAYMENT BY BANK TRANSFER
Once the sum has been received via BB, Bioformula will proceed with processing the order.
PAYMENT SECURITY
Purchases made on the BIOFORMULA.IT website are safe and guaranteed.
Online payment by credit card is completely risk-free. Payment information is encrypted during transmission and managed directly by Banca Sella. Under no circumstances will BIOFORMULA be aware of the credit card number, nor will it process or store the data provided on its systems. BIOFORMULA will simply receive communication of the positive outcome of the transaction.
PayPal is a fast and secure payment system, in which the amount is charged directly to the credit card or prepaid card assigned by the customer, protecting the buyer’s information as no financial information is transmitted.
SECURITY CERTIFICATES
To ensure maximum security in purchases, payment information transmitted via the internet is encrypted by the SSL (Secure Socket Layer) protocol.
SHIPPING: INFO AND COSTS
BIOFORMULA ships throughout Italy and abroad.
BIOFORMULA is constantly working with the main national and international express couriers to guarantee the best service in terms of timing, delivery guarantee and customer service.
SHIPPING COSTS AND TIMES
*Subject to item availability and any customs delays
Working days: Monday to Friday, excluding national holidays.
Preparation times: orders received from Monday to Friday, excluding holidays, are processed the same day if placed before 10:00 am or the following working day if placed after midday. Orders received on Saturday and/or Sunday are processed the following Monday.
Transport times: delivery times may vary due to force majeure such as weather conditions and strikes.
DELIVERY METHODS
The products ordered are delivered to the postal address specified by the Customer in the order form. By registering on the site, it will be possible to access the reserved MyAccount section and manage from there an address book to which your orders can be delivered. The status of the order will always be available in the MyAccount section.
Deliveries are made from Monday to Friday, during normal office hours, excluding national holidays.
When the order is handed over to the express courier, an email will be sent containing a link to check the path of your package from the time it is picked up by the courier until actual delivery.
On the day of delivery with TNT Express Courier, a second email will be sent to notify the Customer that delivery will take place on the same day.
Delivery is considered completed when the product is made available to the Customer at the address specified in the order form.
Upon delivery of the Products by the courier appointed by BIOFORMULA, the Customer is required to carefully check:
- That the tamper-proof label is intact and the packaging is not damaged or otherwise altered;
- That the number of pieces delivered corresponds to that indicated in the transport document.
Any damage to the tamper-proof label, to the packaging and to the Products or the lack of correspondence in the number of pieces/packages or indications must be immediately contested by the Customer, who may contact BIOFORMULA through Customer Service specifying the order for which such problems occurred.
FAILED DELIVERY
TNT Express Courier
In the event of failed delivery due to the recipient’s absence at the specified address, the courier will send a notification email to the Customer with a link to arrange a delivery appointment. The customer can indicate a date and whether the driver will have to pass in the morning or afternoon. In the event of impossibility to carry out the delivery even on the agreed day due to the recipient’s absence, Customer Service will attempt to contact the Customer to schedule a new delivery. In the event that Customer Service is unable to contact the Customer for the next 9 working days or in the event of further impossibility of delivery due to the recipient’s absence, the Products subject to the order will be returned to BIOFORMULA.
DHL Express Courier
In the event of failed delivery due to the recipient’s absence at the specified address, the courier will send a notification email with which it will communicate to the Customer the date on which it will attempt a new delivery. The email also includes the telephone number and email address of Bartolini Customer Service, which the Customer can contact to arrange a specific delivery date or to request a hold on storage.
In the event that it is impossible to make the delivery even on the agreed day due to the recipient’s absence and after 2 working days have passed without the Customer having contacted the courier, BIOFORMULA Customer Service will attempt to arrange a new delivery with the Customer. In the event that Customer Service is unable to contact the Customer for the next 5 working days or in the event of further impossibility of delivery due to the recipient’s absence, the Products in the order will be returned to BIOFORMULA.
Both express couriers
After 30 days from the date on which the Products in the order were returned to BIOFORMULA due to the impossibility of making the delivery, the contract will be considered terminated and the purchase order cancelled pursuant to art. 1456 of the Italian Civil Code. BIOFORMULA will proceed to refund the sum paid by the Customer net of return costs.