General terms and conditions of sale for consumer customer
These general conditions of sale govern the purchase of products and services carried out remotely via the Internet on the site www.vitamincenter.it. Before placing an order, the customer is required to read these Terms and Conditions, made available on the above website for readability, storage and archiving.
Art. 1. Definitions
1. Except as otherwise provided in the Contract, the following terms and expressions shall have the meanings shown below:
a) "Vitamin Center": Vitamin Center Srl, a single-member company, with registered office and warehouse in Via Marino Serenari 6/A - 40013 - Castelmaggiore - (BO), R.E.A BOLOGNA 424984 - Italy, P.I. 02255511202, toll-free number (from land-line number) 800 592 050, tel. 0516166680, Fax 051758270, e-mail firstname.lastname@example.org (general information), email@example.com (requests and information on e-commerce procedures, orders and shipments), firstname.lastname@example.org (complaints).
b) "Site" or "Website": the website accessible to the URL www.vitamincenter.it, owned by Vitamin Center.
c) "Customer": a natural person who concludes the contract for the purchase of one or more products.
d) "Consumer" or "Consumer Customer": the Customer (natural person) who is acting for purposes which are outside his trade, business, craft or profession.
e) "Professional" or "Professional Customer": the customer (natural person or legal entity) acting in the course of his business, commercial activity, craft or profession, or a third party. If the customer intends to conclude the contract for the sale of the Products by Vitamin Center acting as a professional, he will have to access to the B2B section of the Site.
f) "Parties": Vitamin Center and the Customer.
g) "Product": every product made available for purchase through the electronic catalogue made available on the Site, such as, but not limited to, nutritional supplements, fitness tools, cosmetics, books and DVDs. The catalogue is constantly being updated and the availability of each product may vary without notice.
h) "Access Credentials": the "username/email address" and "password" for the account of each customer, necessary for access to the restricted area of the Site and to enter into the Agreement.
i) "Business Days" and "working hours": Monday to Friday, except national holidays, with working hours from 9:00 to 12:30 and from 2:00 p.m. to 5:30 p.m.
j) "General Conditions": these General Conditions of Sale, which govern the relationship between Vitamin Center and Customer consumers.
k) "Contract": is made up of these General Terms and the Order Confirmation. In the event of any inconsistency between the General Conditions and the Confirmation Order, the Confirmation Order shall prevail.
Art. 2. Parties to the contract
1. Parties to the contract are Vitamin Center and Consumer Customers whose personal data are shown in the order confirmation sent by Vitamin Center: it is an integral part of the Purchase Agreement. Vitamin Center data are contained in article 1, paragraph 1, letter a of these Terms and Conditions.
2. The contract between Vitamin Center and the Consumer Customer is subject to, among other things, the specific regulations listed in Section II ("Distance contracts"), Art. 50 to 61 as well as Sections III ("Common Provisions"), Art. 62 to 63, and IV ("Withdrawal"), Art. 64 to 67 of Leg. Decree September 6, 2005, no. 206 ("Consumer Code").
Art. 3. Scope of the contract
1. These Terms and Conditions of Sale for Consumer Customers ("General Terms") govern the purchase, made by Consumer Customers, of the products listed in the electronic catalogue available on the www.vitamincenter.it website ("Site"), section B2C (Business to Consumer).
2. These General Terms do not apply to contracts concluded with Professional customers, to whom section B2B (Business to Business) of the Site is reserved. However, if a Professional Customer were to conclude the contract of sale with Vitamin Center via the B2C section, consumer protection provisions shall not be applicable in his favour and invoices may not indicate the VAT registration number of said Professional but only his tax number.
Art. 4. Purchasing procedure and conclusion of the Agreement
1. After registration on the Site, the Customer may purchase one or more products in the electronic catalogue of the Site (illustrated and described in the related fact sheets) by putting them in the "cart" and respecting the technical procedures of access referred to in the same site.
3. The order submitted by the Customer has contract proposal value and, by sending this order, the Customer acknowledges that he has full understanding of and totally accepts these General Terms. The Customer is requested to print and keep the order summary, shown after sending the same through the Site. The "notes" field that may be present in the electronic order form may be used by Customer only to enter any operational guidance (e.g. Name on the intercom) and does not bind in any way any Contract Party, nor can it contain exceptions to these General Terms or otherwise to the contract ones.
4. Vitamin Center has the right to accept or reject, in its sole discretion, the order submitted by the Customer, the latter may not complain or claim for rights of any kind, for any reason, in the event of non-acceptance of the order. The possible acceptance of the Customer proposal is confirmed by Vitamin Center with an e-mail order confirmation to the e-mail address provided by the Customer. The Purchase Agreement entered into between the Customer and Vitamin Center is concluded with the sending of the order confirmation to the customer, subject to the verification referred to in paragraph 5.
5. The Client acknowledges that the order confirmation referred to in the preceding paragraph is sent as a result of an automated control; if, during packing and shipment of the Products, Vitamin Center should find any errors in the catalogue or order with respect to the price and/or the characteristics and/or the availability of a Product, they will give prompt notice to the Customer so as to agree on the change or cancellation of the order.
6. The Customer, as a consumer, may exercise the right of withdrawal in the terms and conditions of the law, about which we refer to in Articles 23 ("Withdrawal") and 24 ("Cases of exclusion of the right of withdrawal") of these General Terms.
7. Some products, as all those belonging to medicines and drugs categories, are not available for orders with a shipping address located outside Italy.
Art. 5. Description and visual representation of goods
1. The visual representation of the products on the Website, if available, usually corresponds to the photographic image of the products themselves and/or their packaging. This representation has the sole purpose of presenting them to the sale, without any warranty or commitment by Vitamin Center, about the exact correspondence of the image depicted on the Site with the actual product.
2. In case of difference between the image and the written product sheet, the description of the product page is to prevail as reference.
Art. 6. Product Availability
1. The customer can buy only the goods listed in the catalogue published on the Site and in the amounts indicated therein. Prices and availability of products, as shown on the Site, are subject to change at any time and without notice.
2. In the Site are highlighted products available for shipment. The Customer acknowledges that, because of the possible simultaneous access to the Site by more users and the time between the loading of the web page and the insertion of the products into the cart, the actual availability of individual products may vary considerably during the same day in respect to the instructions on the Site. Where the order proposal is sent by the customer, the computer system of the Site checks the availability of the products purchased and notifies you of the possible unavailability of one or more products occurred before the same customer makes the payment. Vitamin Center does not make any commitment or guarantee the certainty of prompt delivery of the products purchased and listed as available on the Site, as these indications are to be considered approximate.
Art. 7. Prices and delivery costs
1. The Client will pay Vitamin Center the price indicated in the order confirmation page. All product prices are indicated on the Site and are inclusive of VAT only. In the event that a product is discounted, the percentage of discount, the original or ordinary price and the final price shall be indicated.
2. The shipping is free for orders whose total is greater than 29.00 € (twentynine) and the delivery address is located in Italy. For total amounts of the orders less than 28.99 € the Standard flat rate shipping charges is set at 5.80 €. We will not accept orders where the amount is less than € 10.00 (ten). The amount of delivery charges, when due, is indicated in the order summary page shown to the customer before sending the order.
3. For shipping costs on orders from abroad and delivery address outside the Italian borders, you should refer to the summary table available HERE.
4. If it is chosen the cash on delivery as a method of payment, the extra fees are indicated in the following Article 10.
Art. 8. VitaminPoints
1. For every euro of purchase actually made by a Consumer Customer, Vitamin Center assigns a point called "VitaminPoint" and associates it with the account of the Customer; each point corresponds to € 0.02 discount. The points accumulated can be used by the Customer to take advantage of an extra discount on the total of a subsequent order. Before placing the order, if points have been accrued, the customer has the option of choosing the number to be utilised and the system displays the corresponding discount. Remember that the discounted amount will however never be more than 50% of the total order (shipping costs excluded).
2. VitaminPoints cannot be converted into cash. Points are awarded and associated with your account only after the order and on the amounts actually paid by the customer and not refunded later by Vitamin Center for any reason.
3. VitaminPoints have a duration of one year of their assignment; after this period, they will be cancelled and are no longer usable, notwithstanding the impossibility of conversion into money. For more information, see the VitaminPoints Regulation.
4. VitaminPoints are NOT valid for orders made abroad and with delivery addresses outside Italian borders.
5. The Customer can neither accumulate nor use VitaminPoints when purchasing drugs sold on the Site.
Art. 9. Payments
1. Payments in progress of the Purchase Agreement may be made by cash on delivery or by credit card or PayPal or bank transfer in advance, if delivery takes place in Italy. The customer is required to choose at the time of conclusion of the Purchase Agreement, the chosen method of payment.
2. Payments in progress of the Purchase Agreement may be made by credit card or PayPal or bank transfer in advance, if delivery takes place outside Italian borders.
Art. 10. Payment by cash on delivery
1. Payment by cash on delivery is only allowed for shipments in Italy. In case of purchase with payment by cash on delivery, payment shall be made only with cash, in Euro and for a maximum amount of € 1,999.99, to the courier who delivers the goods. The Customer shall prepare the exact amount shown in the Order Confirmation and acknowledges that the courier does not usually have change. We shall not accept under any circumstances other means of payment, such as, but not limited to, bank drafts and bank cheques, unless prior written permission of Vitamin Center to arrange payment by cheque payable directly to "Vitamin Center srl". The additional cost of the cash on delivery payment method is € 1.00 (one euro). There is no additional cost for orders over a subtotal of € 99.00 (ninety-nine). The cash on delivery payment method is only available for shipments in Italy.
2. In the event of non-payment by the Customer of the agreed price, for any reason or cause, or in the event of non-acceptance of delivery or of his failure to collect, Vitamin Center will ask the customer to provide the settlement, subject to any further action. As long as the customer has not regularised his debt situation with Vitamin Center, the latter reserves the right to cancel any further deliveries of products, to resolve any outstanding purchase contracts as well as to block the purchasing functions through the Site, without prejudice to compensation for any further damage.
Art. 11. Payment by credit card or PayPal
1. If the Customer purchases products with payment by credit card or PayPal, the information relating to the buyer's credit card will be transmitted to and managed by a third party ("Intermediary"), via secure connection directly to the website of the intermediary that handles the transaction. The accepted circuits are listed on the site before sending the order.
2. Credit card payment processing takes place using a secure connection, where the Customer will find an indication of the order and shall specify the type, number and expiration date of the credit card. Additional data or security codes may be required in some cases by the Intermediary (such as, but not limited to the security services of MasterCard SecureCode and Verified by Visa). It is always required to indicate a landline telephone number where the customer can be contacted.
3. In order to provide maximum protection of customer's sensitive data, Vitamin Center is never made aware of the credit card number, which is only received by banking institutions that must provide the authorisation. Vitamin Center is only informed of the outcome of the transaction. In other words, no data on the credit card shall appear on the documents relating to the order and/or stored by Vitamin Center.
4. In the event that the customer chooses together with the payment card payment method (credit card) also the 'Save for next time' solution, the number of the credit card (PAN, primary account number) is not fully saved and therefore for the website the compliance with PCI-DSS standards is not necessary. In the event the credit card was stored in the first transaction, in the next order the Customer could use the same credit card, or choose a different card.
5. Payment by credit card is reserved for users with residential address in Italy.
Art. 12. Payment by bank transfer made in advance
1. In case of purchase with payment by bank transfer, in the explicit derogation from Art. 14 of these General Terms ("Shipping and delivery"), the order will be processed after the actual receipt of the sum. The reason for payment of the bank transfer must contain the order number and the identity of the customer. The customer must send a copy of the bank receipt to the Customer Care via email.
2. The bank transfer must be made by the Customer within 10 (ten) working days from order acceptance by Vitamin Center, under penalty of cancellation of the order itself.
3. The bank details for the bank transfer are as follows: Banca Popolare dell'Emilia Romagna, Filiale di Castel Maggiore (BO) - ABI: 05387 CAB: 36740 c/c nr.: 000002019593 CIN Z, in the name of Vitamin Center Srl, Via Marino Serenari 6/A - 40013 - Castel Maggiore - (BO); IBAN: IT21 Z 05387 36740 000002019593. BIC (Codice swift): BPMOIT22XXX. The data for the bank transfer are also contained in the e-mail confirmation of the order.
Art. 13. Shipping and billing documents
1. For each Purchase Agreement executed through the Site, Vitamin Center will issue an invoice or receipt for the products that will be shipped.
2. The information provided by the Customer with the order will be used for invoice issuance. The customer assumes all liability for the correctness of this information. No change in the bill will be possible after the issuance thereof.
Art. 14. Shipping and delivery times
1. Vitamin Center will process the order normally within 24 hours (except weekends and holidays) from the date of receipt. In particular, orders received before 12.30 p.m. are dispatched approximately in the afternoon of the same day, while those received after 12:30 p.m. are shipped the next day approximately. With the order fulfilment, Vitamin Center will entrust the Products to a reliable courier or forwarder to send to the address indicated by the customer, summarised in the order confirmation. Deliveries are made via ground transportation within approximately the next 24/48 hours (excluding weekends and holidays).
2. In the event that there is a problem with the courier during transport and the package does not arrive at destination within the indicative period referred to in paragraph 1, the customer can report it promptly to Vitamin Center, which will attempt to resolve the issue in a reasonable period of time. Vitamin Center invites the customer to not contact them before the aforesaid indicative term has expired, since they would not have the necessary data to be able to contact the appointed courier successfully.
3. The fulfilment and delivery terms referred to in paragraph 1 are only approximate and not guaranteed, by virtue of the many variables in play, with special but not exclusive reference to the stage of delivery by the courier. However, Vitamin Center is committed to meeting the deadlines set by law.
4. Delivery times are related to the products in the warehouse at the time of the purchase. No responsibility can be attributed to Vitamin Center for delays in delivery of the goods due to unforeseeable circumstances or force majeure, and in the event of strikes, weather circumstances, special holidays, warehouse inventories, seat transfers, changes to information systems and other extraordinary events; they are likely to cause approximate times higher than those in the execution of orders, including the order of several days.
5. In any case, if the time for delivering the ordered Products should be delayed with respect to the delivery times indicated on the Site before placing the order, Vitamin Center agrees to immediately notify the customer via an e-mail sent to the address specified by the customer himself.
Art. 15. Delivery of products
1. All deliveries of Products will be at risk of Vitamin Center until delivery of the goods to the courier or freight forwarder appointed by Vitamin Center for delivery. Unless different communication sent to the Customer by Vitamin Center, deliveries are to be intended on street level.
2. No responsibility, in any way, may be charged by the Customer to Vitamin Center in case of delays in the order execution or delivery of goods covered by the contracts of purchase.
3. In order to deliver the ordered products, the customer or his representative must be present in the place specified by the customer, who will then accept the package on his behalf. Courier delivery times are usually comprised between 8:30 a.m. and 07:00 p.m. In the event the customer (or his designee) is not there, the dispatcher will leave a notice with directions to be able to agree on a different delivery date.
4. If the delivery does not take place for reasons attributable to the customer (for example, due to his absence and/or for his failure to contact the courier pursuant to paragraph 3), the latter is obliged to pay the costs incurred by Vitamin Center.
Art. 16. Verification operations upon delivery of products
1. Upon delivery of the goods by the courier entitled by Vitamin Center, the customer is required to check that the number of packages delivered corresponds to that indicated in the transport document and that the packaging is not damaged or altered, also the sealing materials, checking with particular care the presence of any signs indicating the breaking of the goods sent.
2. To be valid, any damage to the packaging and/or the products and or the mismatch in the number of packages and/or information must be immediately reported by the customer, who must declare, in writing, to the person in charge of product delivery, that they are accepted "subject to control" or indicating that they are "damaged": in the absence of that, complaints will not be accepted. The Customer also undertakes to notify promptly, but no later than 24 hours from the date of delivery, to Vitamin Center (via e-mail or registered letter with acknowledgment of receipt to the address of art. 1 of these General Terms) any and all eventual problems regarding the integrity, correspondence and/or completeness of the products received, under penalty of forfeiture.
Art. 17. Force majeure and acts of third parties
1. Vitamin Center is not liable for cases of force majeure, unavailability of transportation, acts of third parties, unforeseeable or unavoidable events that cause a delay in delivery and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery charged to Vitamin Center.
2. In the cases referred to in the preceding paragraph, Vitamin Center has the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, Vitamin Center is committed to providing timely and adequate notice of its determination to the email address specified by the customer, who, in this case, has the right to a refund of any money already paid, excluding any further claims, in any capacity, against Vitamin Center. In this sense, the Customer expressly waives any and all claims, even as a mere reimbursement and/or compensation in respect of Vitamin Center.
Art. 18. Custody and storage of products
1. The products sold by Vitamin Center must be kept and maintained by the Customer using the cautions and precautions necessary for this purpose and related to the nature of the products.
2. The negligence and/or incompetence in the conservation of each product can damage and degrade its quality. Vitamin Center is not liable for any damage to products sold resulting from incorrect and/or improper storage of the same, with the express limitation of any warranties with respect thereto.
3. In case of particular weather conditions due to the summer season, Vitamin Center cannot be held responsible for the conditions of heat sensitive products.
Art. 19. Warranty
1. The Consumer Customer enjoys both the ordinary warranty provided by the Civil Code, under this item, and the warranty for defects of conformity provided by the Consumer Code, in the Article below.
2. Vitamin Center ensures that the products are free from defects in material and workmanship for a period of twelve (12) months from delivery, subject to the limitations of Art. 20 ("Exclusions and limitations of warranty").
3. During the warranty period, the products and their accessories (if defective in accordance with the preceding paragraph) will be repaired or replaced by Vitamin Center without charge for either parts or labour (if applicable). The inactivity of the Products determined by periods of repair does not involve the extension of the warranty period.
Art. 20. Additional legal guarantee to the Consumer Customer
1. In addition to the warranty for defects in the goods sold under the provisions in force, up to two (2) years from delivery of the Products, Vitamin Center is accountable to its Consumer Customers, under Articles 130 and 132 of legislative decree no. 206/2005, for any lack of conformity of products existing at the time of delivery. The lack of conformity shall be deemed to exist if: (I) the product is not suitable for the purposes for which goods of the same type are normally used; or (ii) does not comply with the description or does not possess the quality of the sample or model which may be shown by Vitamin Center; or (iii) does not offer the quality and performance which are normal in goods of the same type that the consumer can reasonably expect; or (iv) is not suitable for the particular use intended by the consumer if made known to the seller at the time of purchase and accepted by Vitamin Center.
2. The Consumer Customer loses his rights guaranteed by art. 130, paragraph 2 of Legislative Decree. 206/2005 if the inherent flaw or defect is not reported to Vitamin Center within two months of having discovered the fault or defect.
3. Vitamin Center will make every effort to replace at its own expense, with other products of the same quality and title available at its stores, those delivered products that are damaged or defective, provided that they have been returned by the Customer in their original packaging (complete of all the parts that make them up). If replacement with the same product is not possible, Vitamin Center will reimburse the Customer the amount paid for the product proved to be defective, excluding any additional responsibilities of Vitamin Center, for whatever reason.
4. The exclusions and limitations of warranty are explained in Article 21 ("Exclusions and limitations of warranty").
Art. 21. Exclusions and limitations of warranty
1. The shipping costs held by the customer to Vitamin Center for assistance will be entirely borne by the customer, while those related to the return will be borne entirely by Vitamin Center.
2. The warranty referred to in Articles 19 ("Warranty") and 20 ("Legal guarantee for additional Consumer Customer") is excluded if the customer has damaged the products for its own gross negligence or wilful misconduct, or in any case where, by his negligence and/or neglect and/or other reasons not attributable to Vitamin Center, has damaged and/or rendered defective the Products, and/or exposed the same to natural events and/or has used the same improperly and/or without following the instructions set out in any technical manuals, and/or has performed and/or has made perform by personnel not authorised by Vitamin Center from repairs, interventions or tampering, and/or failed the necessary maintenance, and/or has stored them incorrectly. The warranty is also excluded if defects and/or faults and/or malfunctions resulting from use of the products other than that referred to in the Contract and/or for which they were designed and manufactured, or in the case of normal wear or deterioration of consumable parts.
3. If Vitamin Center finds that any flaws or defects in one or more of the Customer Products are attributable directly or indirectly to the same customer, he will be required to pay the costs incurred for verification purpose, and, notwithstanding paragraph 1 of this article, out-of-pocket expenses for their return; Vitamin Center, on its own initiative or at the request of the customer, can also send him a quote for the repair (if applicable).
Art. 22. Manufacturer's standard warranty
1. Without prejudice to the legal warranties, certain products have, in addition to the legal guarantee envisaged, a standard warranty offered by the individual producer to the purchaser. Vitamin Center, where possible or not too costly, shall mention that in each product sheet. Terms and conditions of such warranties are defined by each producer, which is a third party with respect to Vitamin Center.
Art. 23. Right to withdraw
1. The Consumer Customer has the right to terminate the purchase agreement without any penalty and without specifying the reason within the term of 10 (ten) working days from the day of receipt of the Product, provided that the conditions set out below are respected.
2. The withdrawal right must be exercised by sending, within the limits provided for in the preceding paragraph, a written communication to Vitamin Center (at the following address: Via Marino Serenari 6/A - 40013 - Castelmaggiore - (BO) - Italy) by registered letter with acknowledgment of receipt. The notice may also be sent, within the same period, by telegram, telex, email or fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 (forty-eight) hours.
3. If the goods have been delivered, the substantial integrity of the good to be returned is an essential condition for the exercise of the right of withdrawal; sealed foods, once opened, cannot be returned (for further exclusions, please refer to the next article). The goods must be returned in normal condition and must have been protected by the use of reasonable diligence. The goods must be sent to Vitamin Center in the packaging in which they were delivered to the customer or, at least, in such a packaging that protects their integrity. The return shall be made at the expense of the Customer through the shipping of the product/s subject of the withdrawal. Products must be shipped, no later than ten (10) working days from the date of shipment, to Vitamin Center at the following addressVia Marino Serenari 6/A - 40013 - Castelmaggiore - (BO) - Italy.
4. Once we have verified the integrity of the returned product, Vitamin Center will refund the Consumer Customer the full amount paid for the Products mentioned in the Purchase Agreement Subject to Withdrawal, no later than thirty (30) days of receipt of the same goods. Refund will be made by transfer of any amount charged to the credit card provided by the Consumer Customer or by bank transfer, in accordance with the correlative instructions and bank details that will be indicated by the same Consumer Customer.
5. The costs of shipment of the goods from the Customer to Vitamin Center, in the event of exercise of the right of withdrawal, shall be borne solely by the Customer.
6. If the Consumer Customer does not comply with the terms and conditions of exercise of withdrawal provided, or harms the product in any way, the Purchase Agreement shall remain valid and effective and Vitamin Center has the right to return to the Consumer Customer the Products improperly returned, charging him with shipping costs.
Art. 24. Grounds for exclusion of the right of withdrawal
1. The Consumer Customer cannot exercise, in any case, the right of withdrawal provided for by art. 23 ("Right of Withdrawal") when the following is provided: (A) goods made to specifications or clearly personalised; (B) goods that, by their nature, cannot be returned or are liable to deteriorate or expire rapidly; (C) sealed foods once opened; (D) sealed audio-visual or computer software, opened by the consumer; (E) newspapers, periodicals and magazines.
2. Professional Customer may not use, under any circumstances, any right of withdrawal.
Art. 25. Log-in Credentials
1. The customer is required to keep the access credentials with the utmost care, confidentiality and diligence. He agrees to immediately notify Vitamin Center of possible theft or loss, total or partial, of the access credentials or just a part of them and, however, their unauthorised use by third parties. The Customer shall be responsible for any damage caused to Vitamin Center and/or third parties caused by failure to observe as reported.
Art. 26. Exemption from liability for contents posted on the Website by the Customer
1. Each customer, upon registration with the Site, may post comments, reviews and opinions on the Products referred to in the electronic catalogue. This feature cannot be used for unlawful purposes or in violation of existing legislation, such as, but not limited to, carrying out spamming activities or posting defamatory, libellous, threatening, vilification contents, in violation of another's privacy and personal dignity, etc.; it is also forbidden to post messages of propaganda, advertising, references to sites and competitors. The publication of these contents is carried out free of charge by the Customer, which may delete the reviews and opinions at any time by accessing the website with his credentials. The Customer acknowledges that any content placed on the Site may be deleted at any time by Vitamin Center, for example, due to the termination of the sale of the reviewed product or to the closure of the spaces relative to comments, reviews and opinions.
2. Vitamin Center has no obligation to monitor the activities carried out by each customer on the Site in accordance with this Article, as provided for by Legislative Decree no. 70/2003. Vitamin Center, however, reserves the right to remove any content generated by the Customer if it is made aware of or takes knowledge, in any other way, of a pursuit of an unlawful purpose and/or the violation of one or more of the prohibitions listed above, and/or express request has been made to do so by an administrative body and/or a third party that is believed infringed by the aforementioned contents. In such cases, Vitamin Center will notify the customer of these measures in any way and shall have the right to suspend or terminate his account even without notice, without prejudice to any other right of recourse against the person responsible for the violations.
Art. 27. Amendments
1. Vitamin Center may change at any time and without notice, the contents of these Terms and Conditions.
2. Any amendments made will take effect from the date of publication on the Site.
Art. 28. Slight negligence and limitation of liability
1. Vitamin Center is not liable for damages to third parties, that may be caused as a result of its negligence.
2. In no case, any sums due to Vitamin Center to any reason whatsoever will exceed those paid by the Customer in the execution of the order Contract.
Art. 29. Intellectual property rights
1. All trademarks, and any intellectual work, distinctive mark or name, image, photograph, written text or graphics, and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of Vitamin Center and/or its licensors, without that, from access to the Site and/or the drawing up of purchasing contracts, the Customer derives any right over them.
Art. 30. Processing of Personal Data
1. Vitamin Center is committed to compliance with current legislation regarding the protection of personal data. The information on the processing of personal data is made available on the Site and in any event memorisable and viewable at any time before the conclusion of the Contract.
Art. 31. Other provisions
1. All purchases of products and services provided through the Site by the customer who accesses to it are governed by these Terms and the other provisions and operating instructions contained in the Site. In the event of any inconsistency between the aforesaid provisions and operating instructions and what is contained in the General Terms, the latter shall prevail.
Art. 32. Complaints
1. The Customer may submit any complaints contacting Vitamin Center by mail at the following address: Vitamin Center S.r.l., Via Marino Serenari 6/A - 40013 - Castelmaggiore - (BO) - Italy or via e-mail at email@example.com or calling the phone numbers indicated in art. 1, paragraph 1, lett. a of these General Terms.
Art. 33. Applicable Law and Jurisdiction
1. This contract is governed by Italian Laws.
2. Any dispute that may arise with reference to application, interpretation and execution of the Contract, shall be subject to the exclusive jurisdiction of the court of Bologna, Italy, where the contract is concluded with a Professional Customer, despite the violation, in this case, of art. 3 of these General Terms.
3. Disputes with Consumer Customers are devolved to the Judicial Authority of the place of residence or domicile of the Consumer Customer.
4. Disputes with Consumer Customers living outside of the Italian territory are devolved to the jurisdiction of the Court of Bologna, as jurisdiction of the place where the Contract is executed.