The products being sold at www.bionike.it (hereinafter referred to as the “Website”) are sold and produced by FiloBlu Spa, whose registered office is at Via Caltana, 116/C – 30030 Santa Maria di Sala (VE) - Italy, registered with the Venice Rovigo Delta Lagunare Chamber of Commerce (Camera di Commercio, Industria, Artigianato e Agricoltura, C.C.I.A.A.) under Economic and Administrative Index No. 354686 in the Company Register, Italian Fiscal Code and VAT no. 04274870288.
Opening hours: 8.30 -13 14.30 18 (CET)from Monday to Friday
GENERAL CONDITIONS OF SALE
1. Acceptance of the General Conditions of Sale and conclusion of the contract
1.1 The contract stipulated between FiloBlu Spa (hereinafter referred to as "FiloBlu") and the Client (that is the party or individual who makes the purchase on the Website, not attributable to their commercial, business or professional activity) shall be concluded with the acceptance, including partial acceptance, of the order by FiloBlu. Should the order not be accepted, FiloBlu shall in any case provide prompt notification to the Client.
1.2 By placing an order through one of the available methods, according to the order form on the Website (hereinafter referred to as the "Order"), the Client confirms having read all the information provided during the purchase process and confirms full acceptance of these General Conditions (hereinafter referred to as the "Conditions").
1.3 These Conditions may be printed or saved on a durable medium, in accordance with the provisions of Article 12 of Italian Legislative Decree 70/2003 and Article 51 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014.
1.4 FiloBlu shall arrange to refund the Client for the whole amount paid, net of consignment charges incurred and any customs duty paid for importation, within 14 (fourteen) days from the date of cancellation, by transferring the debited amount, via the same payment method used by the Client for the initial transaction, unless otherwise agreed. In any case, the Client shall not bear any expenses incurred as a consequence of said refund. FiloBlu may withhold the refund until the returned product is received or until such time as the Client can prove that the product has been properly dispatched, whichever is sooner.
2. Purchase method
2.1 The only products offered for sale by FiloBlu are those shown on FiloBlu's website at the time of placing the Order, as they are described on the relevant information pages.
2.2 However, it shall be understood that the images accompanying the information regarding a product are shown for information purposes only and may not be wholly representative of the product's features, possibly differing, for example, in colour and size (in some cases due to the browser and screen used to access the Website and view the images).
2.3 To place an Order, the Client must fully complete the relevant form on the Website and send the same after carefully reading the Conditions as well as the features of the product and/or products that the Client intends to purchase. The Client shall also ask FiloBlu, if desired, to send a tax invoice for the purchase, pursuant to Article 22 of Italian Presidential Decree no. 633/1972.
2.4 Correct receipt of the Order shall be confirmed by FiloBlu by means of a reply via email sent to the email address indicated by the Client. Said confirmation message shall include a summary of the purchase conditions, in accordance with applicable regulations, as well as the details provided by the Client on the Order, so that the Client may check said details and communicate any necessary corrections without delay.
3. Prices and Payment Methods
3.1 The prices indicated on the Website shall be understood as inclusive of taxes and VAT. Any delivery costs or payment charges shall in any case be notified to the Client via the Website or through these Conditions.
3.2 The following payment methods are accepted:
Clients may pay via PayPal in accordance with the specific methods set by the same.
Where products are purchased using a credit card, the transaction may be performed via the PayPal secure server or another secure server as chosen by FiloBlu.
Under no circumstances and at no stage of the transaction shall FiloBlu be able to access the Client's credit card details, which shall be transmitted through a secure connection directly to the banking institute that manages the transaction. No electronic record of said details shall be held by FiloBlu and therefore under no circumstances shall FiloBlu be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment.
In case of purchase with bank transfer, the Client can find the bank coordinate. The goods will be shipped only after the actual receiving of the payment
4. Delivery of products and associated charges
4.1 The products purchased shall be delivered to the address indicated on the Order by the Client within 24-48 hours from FiloBlu having accepted the Order, at the cost specifically indicated on the Website before placing the Order. FiloBlu reserves the right to accept or refuse requests for delivery beyond the territories of Italy or Europe. In any case, for deliveries outside the territories of Italy, delivery expenses and lead times may be subject to change.
4.2 With reference to requests for deliveries to countries that do not belong to the European Union, any customs duty for importation shall be payable by the consignee. The Client is therefore advised to contact the customs authorities in the country concerned beforehand to verify the costs and any restrictions on imports.
4.3 The lead times for delivery indicated by FiloBlu are merely indicative and a delay to the same, or any delivery made with subsequent split consignments shall not entitle the Client to refuse the delivery or request compensation or indemnity.
4.4 At the time of delivery, the Client shall be required to check:
- that the number of packages delivered corresponds to the number shown on the delivery note.
- that the packaging is intact, not damaged, or wet or spoiled, including with reference to the materials used for sealing (adhesive tape or metallic strapping).
Any problems with reference to the physical integrity, correspondence or completeness of the goods received must be notified within 7 days of delivery, in accordance with the methods set out in this document.
5. Right to cancel
5.1 Pursuant to Article 52 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, the Client may withdraw from the Conditions and therefore from the purchase agreement for any reason, without need for an explanation and without incurring any penalty, within 14 (fourteen) working days from the date of receiving the products.
5.2 In order to exercise the right to cancel set out in the preceding Clause 5.1, the Client shall send notification to FiloBlu within the time limits indicated to the following email address firstname.lastname@example.org or by means of the form provided for that purpose on the Website.
Registered users can access the "Return" section of their user dashboard and manage return requests.
Unregistered users must complete the form at one of the following addresses:
5.3 In the event of cancellation, the Client shall return the products to FiloBlu at the Client's expense within 14 (fourteen) days of said cancellation:
For all packages sent from the European Union the shipping address is:
(FiloBlu c/o) Gruppo Sinergia SRL,
Viale dell’Artigianato, 32
Povegliano Veronese (VR)
The goods must be returned intact, complete in all their parts and in their original packaging (envelopes and packaging), having been kept and used only for the time strictly necessary to establish and verify their condition, features and size, in accordance with normal diligence, there being no signs of wear or dirt and in compliance with the following conditions:
- the right to cancel may be applied to the purchased product as a whole; it is not in fact possible to return only part of the purchased product (for eg., accessories, complementary items, etc.);
- in order to cancel, the product must be complete and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories: labels, cards, tags, seals, etc.);
- transport expenses (and any customs duty, if applicable) arising from the return of the goods shall be borne exclusively by the Client.
- until confirmation of receipt by the warehouse indicated by FiloBlu is given, liability for transport shall be borne solely by the Client;
- should the goods be damaged in transit, FiloBlu shall notify the Client, in order that the Client may promptly lodge a complaint against the courier that was used and obtain appropriate compensation; the product shall then be made available to the Client, at the same time as cancelling the request for termination;
- FiloBlu shall not be liable in any way for damage, theft or loss that occurs during or as a result of a shipment made for the purposes of returning goods.
5.4 FiloBlu shall arrange to refund the Client for the whole amount paid, net of consignment charges incurred and any customs duty paid for importation, within 14 (fourteen) days from the date of cancellation, by transferring the debited amount, via the same payment method used by the Client for the initial transaction, unless otherwise agreed. In any case, the Client shall not bear any expenses incurred as a consequence of said refund. FiloBlu may withhold the refund until the returned product is received or until such time as the Client can prove that the product has been properly dispatched, whichever is sooner.
5.5 In any case, the Client shall forfeit the right to cancel should FiloBlu discover any of the following:
- that the returned product and/or its accessories, and/or its packaging are not intact;
- that the product is without its external package and or the original internal packaging;
- that the product is missing some of its integral parts and/or accessories (for eg., fastenings, ties, buckles, etc.). Should the right to cancel be forfeited, FiloBlu shall arrange to return the purchased product to the sender, debiting the shipping costs from the same and, if already refunded, the price of the product.
6.1 All products sold by FiloBlu are covered by a warranty of 24 (twenty-four) months for any lack of conformity pursuant to Chapter III of Italian Legislative Decree 206/2005. To benefit from assistance under the warranty, the Client must retain the invoice or the payment receipt, along with the delivery note.
6.2 The warranty for lack of conformity shall be applicable provided that the product concerned has been used correctly, in accordance with its intended use and in compliance with the contents of the instructions for usage and laundering provided in and/or with the product.
6.3 Should FiloBlu, for any reason, not be able to provide the Client with a product under the warranty (repaired or replaced), or should repair or replacement be excessively burdensome, due to the value of the product, FiloBlu may proceed by applying an appropriate discount on the price paid, or by refunding the whole amount paid and terminating the contract.
6.4 Where the implementation of the warranty requires the product to be returned, the same must be returned by the Client in its original packaging, complete in all its parts (including packaging and any documentation and accessories).
7. Complaints and requests for information
7.1 FiloBlu may be contacted with reference to any complaints or requests for information: FiloBlu Spa via Caltana 116/c 30030 Caselle di Santa Maria di Sala (VE), Tel: +39 0419690499 email: email@example.com
8.1 Personal details collected when the Order is placed shall be used by FiloBlu solely for the purpose of fulfilling the express requests of the Client, in accordance with European regulation 2016/679 and the privacy statement shown on this website. Any other use of said details shall take place only with the express consent of the Client.
9. Applicable law
9.1 The contract for sale set out in these Conditions and its performance shall be governed by Italian Law. Any contrary legal norms and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable. Should a dispute arise, it shall be submitted to the jurisdiction of the Courts in the town where the Client is resident.
9.2 We would like to inform you that the European Commission provides an alternative resolution platform for out-of-court disputes, including cross-border disputes, accessible at http://ec.europa.eu/odr.
Art. 10 – Copyright
Trademarks, logos and other distinguishing signs on the site belong to their respective owners. The use of trade marks, logos and other distinguishing signs, including reproduction on other websites by unauthorized third parties, is forbidden. The contents of the Site are protected by copyright (text, images and graphics).
Art. 11 – Agreement
The contract supersedes all previous contracts, agreements and understandings between the parties and constitutes the entire agreement between the parties regarding the subject matter of the contract, along with the order, the general conditions relating to the use of the Site and the registration service. Any change or modification to the contract must be accepted in writing by both parties.
Art. 12 – Communications
All communications between the parties shall be made in writing and sent to the address of the other party as specified in the contract and the order. Communications sent to the other party’s email address, as specified on the Site and in the order, are also considered to be written communication.
Communications relating to the validity or existence of this Agreement shall be exclusively delivered by hand or sent by recorded delivery.
Art. 13 – Languages
The sales agreement is presented in two languages: english and italian. In case of discrepancies in the translation, the Italian language version shall prevail.
Last updated: 18/10/2022