Terms and Conditions Products
TABLE OF CONTENTS
ART. 1 - Definitions
ART. 2 - Subject of the Contract
ART. 3 - Product Description
ART. 4 - Prices and Ancillary Costs
ART. 5 - Payment Methods
ART. 6 - Shipping Times and Costs
ART. 7 - Purchase Procedure and Sales Completion
ART. 8 - Order Fulfillment, Shipping and Product Delivery, Tax Documents
ART. 9 - Right of Withdrawal
ART. 10 - Legal Warranty
ART. 11 - "Satisfaction or Your Money Back" Clause
ART. 12 - Force Majeure
ART. 13 - Amendments to these Terms and Conditions
ART. 14 - Intellectual and Industrial Property
ART. 15 - Disclaimer
ART. 16 - Non-exercise of a Right
ART. 17 - Processing of Personal Data
ART. 18 - Dispute Resolution and Arbitration
ART. 19 - Communications
ART. 1 DEFINITIONS
For the purposes of this contract, the following definitions apply:
Seller: Biohacking LTD with registered office at Suite 1 5th floor 22 Eastcheap EC3M 1EU London England - VAT: 349495255, email: assistenza@spartanhealth.com
Terms and Conditions or Contract: the entirety of these contractual clauses that determine and define the relationship between the Seller and the Customer.
Platform or Site: the website spartanfire.net
Users: any person who accesses the Site and continues browsing it.
Customer: any person who purchases products sold through the website.
Consumer: the natural person acting for purposes unrelated to professional
or entrepreneurial activity.
Products: retail sale, under e-commerce regime, of food supplements in pills and powder.
Purchase Order or Order: the purchase proposal made by the User through the procedures of the Site, and in particular through the Cart.
Purchase: the onerous purchase of the aforementioned products from the day of the conclusion of the purchase.
Cart: the stage of the purchase procedure where the User formulates their purchase proposal, selecting payment methods, delivery methods, and similar.
E-commerce: a particular mode of commerce, governed in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the contract remotely through information society services without their physical and simultaneous presence. Given the distance, the delivery of products is not simultaneous and usually occurs through shipment by third-party operators (couriers/shippers).
ART. 2 SUBJECT
These Terms and Conditions of Sale concern the products referred to in the following article 3 and are valid between the Seller and any User who, as a Consumer, in accordance with current regulations, makes a purchase on the Site. The Seller reserves the right to modify these Terms and Conditions at any time, by notifying Users on its homepage. In this case, the modifications will be effective according to law, without the need for specific and further approval and in any case after ten days from their publication. If one of the conditions is null or ineffective, the eventual nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.
ART. 3 PRODUCT DESCRIPTION
The Site is involved in the retail sale, under the e-commerce regime, of food supplements in both pill and powder form. Each product sheet includes a description of the ingredients and instructions for use. The images of the Products on the Site are for demonstration and illustrative purposes and are represented in the best possible way. However, some errors, inaccuracies, or small differences may arise between the graphic/photographic representation of the Product and the actual Product. The photographs of the Products presented on the Site do not therefore constitute a contractual element, as they are merely and symbolically representative of the Product being sold. Given this particular sales method, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered can only be contested if significant.
ART. 4 PRICES AND ANCILLARY COSTS
Product prices are displayed in euros, dollars, sterling, and Australian dollars. The purchase order form, order confirmation, and relevant receipt will detail:
– the price of the Product;
– any other taxes or duties, if applicable;
– delivery costs.
Prices in the online store may vary.
In such cases, the prices published at the time of the Order on the online store are considered.
ART. 5 PAYMENT METHODS
After placing the purchase order, the Customer undertakes to pay the price of the requested Products, taxes, and ancillary costs according to the methods provided on the Site and actually available for the specific Products selected.
The payment methods generally available on the Site are as follows:
1) Payment by Bank Transfer
Users who choose this payment method must make an explicit request to the Seller via email. The transaction can be carried out using the bank details that will be sent via email by the Seller. In this case, the Order is considered complete, and the purchased items will be shipped only when the Seller receives the payment receipt via email from the Customer.
2) PayPal
To ensure maximum security during online payments, the Seller uses the highest security standards in data transfer and information access. If the Customer chooses to pay via the PayPal platform, at the time of payment, their browser will be directed to a secure server page with SSL encryption, where they can enter their username and password or create a new account easily and immediately. PayPal protects buyer information as no financial information is shared. An email confirmation from PayPal will be sent for every transaction made with this method. The order amount is debited from the PayPal account when the order is acquired. In case of cancellation, the amount is refunded to the Customer's PayPal account.
3) Stripe
The Customer can pay for their Order through the Stripe platform, which allows payments to be made and received with a reloadable card or credit card within the Visa or MasterCard circuit.
4) Cash on Delivery
The Customer can pay for their Order via cash on delivery directly to the courier when the purchased Product is delivered. At the time of Product delivery, the Customer will pay the total Order amount directly to the courier in cash.
ART. 6 SHIPPING TIMES AND COSTS
The product detail page specifies delivery times and costs, which are approximately 2/3 working days for Italy and 8/10 days for abroad.
The delivery times indicated above are purely indicative and not essential. Any variation to the above will be communicated promptly by e-mail to the Customer. In the absence of a specific delivery term, delivery will in any case take place within thirty days from the conclusion of the contract.
Depending on the delivery location, purchased Products may be subject to import taxes and/or customs duties, the amount of which may vary depending on the destination country.
Therefore, it is not possible to foresee in any way whether and what costs would be incurred for customs clearance of the purchased goods. Consequently, any costs related to import taxes and/or customs duties will be borne exclusively by the Customer. The Seller arranges for the delivery of purchased products through specialized carriers.
Please note that any customs duties are not included in the shipping amount and are to be borne by the recipient.
ART. 7 PURCHASE PROCEDURE AND SALES COMPLETION
The User can purchase all the Products offered for sale on the Site, as described in their respective information sheets, following the purchase procedures provided on the Site itself. To purchase the Products, the Customer must fill out and send the electronic purchase Order form to the Seller, following all the instructions contained in the specific page of the Site. The Order form contains a summary of the main commercial conditions, including the price, payment methods, and delivery methods, as well as information on the main characteristics of the ordered Products and a reference to the Terms and Conditions. The Customer must place the desired Product in the "Cart" and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the exercise of the right of withdrawal, and the Privacy Policy, must select the desired payment method and choose the "send order" option.
By submitting the Order form, the Customer acknowledges and declares to fully and unconditionally accept the Terms and Conditions, as well as to consent to the processing of their personal data.
The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer is understood to be concluded with the acceptance of the Order by the Seller.
The acceptance of the Order will be communicated by the Seller to the Customer via an email sent to the email address provided during the Order placement. The Seller reserves the right to evaluate the acceptance of received orders and may refuse or otherwise not process purchase orders that are incomplete or incorrect, or in case of unavailability of the Products.
The Seller will inform the Customer as soon as possible of any inability to accept received orders, starting from the moment the Customer transmitted the Order, and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an Order by the Seller, is excluded.
After making the purchase, the Customer will receive an automated email containing the credentials (username and password), through which they can access their reserved area of the Site.
ART. 8 ORDER FULFILLMENT, SHIPPING AND PRODUCT DELIVERY, TAX DOCUMENTS
Upon shipment of the package, a tracking number will be sent via email, allowing you to track the entire shipping journey on the carrier's website. Upon delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean and that the Products received match what is stated on the Order Confirmation.
In the event that a product is damaged during transport or is different from what was ordered, you can request its replacement by sending an email to: info@fisicodaspartano.com. After receiving the Customer's report, the availability of the ordered product will be checked, and its replacement will proceed. If this is not possible because the product is no longer available, the Customer can choose whether to replace it with equivalent products or request a full refund.
ART. 9 RIGHT OF WITHDRAWAL
All purchases made by the Consumer Customer on the Site are covered by the right of withdrawal, which allows the return of the purchased product for any reason and to obtain a refund of the amount spent within 14 days.
To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to inform the Seller of your intention to withdraw from the purchase in whole or in part by any explicit statement to that effect (e.g., by registered letter with return receipt, or by e-mail). Within the same period, the Customer must arrange, using a shipping method of their choice, for the shipment of the goods reinserted in their original packaging, intact and in perfect condition, complete with all its parts and carefully packaged to the address that will be communicated.
The package must include all received documents. It is advisable to insure the shipment against theft and transport damage. Cash on delivery packages will not be accepted. The only expenses required are those related to the return of the product. Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the shipped goods. Expenses incurred for the return of the goods are excluded from the refund. The refund will be made using the same payment method chosen by the Customer. The risks of transport for the return of the Products are entirely borne by the Customer, as are the necessary expenses for the return of the Products subject to withdrawal. Notwithstanding the above, it is finally reminded that the Customer is responsible for the diminished value of the Products resulting from handling the goods other than what is necessary to establish their nature, characteristics and functioning.
The Customer acknowledges and expressly accepts that the right of withdrawal does not apply to products received more than 15 working days ago (in which case the return of the goods will be refused).
ART. 10 LEGAL WARRANTY
The Consumer Customer, in case of receipt of Products that do not conform to the orders or are defective, has the right to a legal warranty of 24 (twenty-four) months. In case of receipt of Products that do not conform to the orders or are defective, the Customer must notify the Seller via e-mail within 2 months of discovering the lack of conformity, specifying whether they wish to replace the Product or receive a price reduction. Beyond this term, the Seller will therefore not be responsible for any defects of conformity found by the consumer. In case of replacement or repair of the Product, the warranty terms relating to the replaced Product are the same as those of the original product and will in any case expire 24 (twenty-four) months from delivery.
In case of Product replacement, the Seller will contact the carrier who, subject to their availability, will collect the goods.
To benefit from the warranty, purchase documents must be presented.
ART. 11 "SATISFIED OR YOUR MONEY BACK" CLAUSE
If the Customer is not satisfied with the purchased product, they can request a refund by sending an email to assistenza@spartanhealth.com within:
– 180 (one hundred and eighty) days from the date of purchase for the following products: Spartan Burn Plus, MagMax, Spartan Strength+, Spartan Reds, Spartan Pro, Cacao Beauty, Spartan Testo, Beauty bar, Spartan Bar, Vikings Omega, Miracle Candy
In this case, the Seller will process the refund, which will be made using the same payment method chosen by the Customer. In case of a refund via bank transfer, the Customer will be responsible for promptly providing the bank details to which the refund will be directed.
This clause does not apply to products purchasable in carts as additional offers, not included in the offer written on the sales page (such as, for example, the "Spartan Recipe Book for €19" and "Express Shipping"), and therefore they are not subject to any refund by the Seller.
To avail themselves of the "Food Supplement" products Warranty, the Customer must send the packaging, even if empty, but intact.
The shipment must be made within 180 days from the date of purchase; the postmark or dispatch receipt will serve as proof.
The only costs required are those related to the return of the product. Upon receipt of the goods, once the integrity of the returned Product has been verified, the Seller will refund the cost of the shipped goods. Shipping costs incurred for returning the goods are excluded from the refund.
Shipping costs for returning editorial products are borne by the customer.
ART. 12 FORCE MAJEURE
The Seller assumes no responsibility for disruptions attributable to force majeure which wholly or partially prevent the execution of the contract within the stipulated times. The Seller is not liable to Customers for any damages, losses, and costs incurred as a result of the non-execution or delayed execution of the contract, the Customer being entitled only to the refund of the price paid.
The Seller is not liable for damages resulting from disconnections, interruptions of the Website, as well as data loss consequently occurring and attributable to it.
In case of force majeure, the execution of the Order will be suspended.
Such suspension may last for a maximum period of 90 (ninety) days, after which the Order will be considered automatically cancelled.
ART. 13 AMENDMENTS TO THESE TERMS AND CONDITIONS
The Seller reserves the right to modify, at any time and without prior notice, the content of these Terms and Conditions. The relationship will be governed by the text of the Terms and Conditions published on the Website at the time the Customer sends the purchase Order. Therefore, the Customer is invited to carefully review the text of these Terms and Conditions always before sending the purchase Order, in order to verify the updated text at the time of the Order itself. Updates will be indicated in the header of the text with the last update date.
ART. 14 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website (and its content and graphics), the domain name “spartanhealth.com”, its sub-domains and all related intellectual and industrial property rights, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed in any case to the Customer. Therefore, the User or Customer may not reproduce, duplicate, copy and redistribute, retransmit even on other websites, transfer or otherwise make available to third parties for any reason or otherwise use for purposes other than storage and/or consultation the Websites and/or the Contents of the Website, without the prior express and formal approval from the Seller.
ART. 15 EXCLUSION OF LIABILITY
a) The Seller's liability is understood within the limits of the obligations assumed with these Terms and Conditions and the sum paid at the time of purchase;
b) The Seller is not responsible for failure to achieve desired results despite investments and costs incurred, and for any damage deriving from the Products offered;
c) The Seller will not be held responsible for omissions or errors that may be contained in the materials, nor for any violation of the rights of others and the damages, even indirect, consequential thereto, or for other damages of any kind, even resulting from loss of the right to use, loss of information or missed profits, or arising from breach of contract, negligence, or other harmful actions, deriving from or in any way connected to the use or information contained in the platform;
d) The Seller is not responsible for damages, of any nature, that the Customer may cause to themselves or to third parties, deriving from improper or unlawful use of the Products sold. The Products provided by the Seller do not constitute medical devices and do not guarantee an improvement in the user's state of well-being or health. The contents and information provided to the Customer by the Seller do not constitute or replace medical opinions, as they have purely informative and instructional purposes. The Seller recommends their use only after a favourable opinion from one's own attending physician and according to the indications provided by the same. The Seller, therefore, cannot be held responsible for any negative consequences deriving from the use of the Products in case of a negative medical opinion on their use, or failure to obtain such opinion.
e) The customer is responsible for the accuracy and completeness of the shipping data provided at the time of the order. The company cannot be held responsible for delays, failed deliveries, or additional costs resulting from incorrect, incomplete, or outdated addresses entered by the customer. Once the order has been processed and entrusted to the courier, the possibility of changing the delivery address is not guaranteed.
ART. 16 NON-EXERCISE OF A RIGHT
The Seller's failure to exercise a right does not constitute a waiver to act against the Customer or against third parties for the breach of commitments undertaken. The Seller therefore reserves the right to assert its rights in any case, within the permitted terms.
ART. 17 PROCESSING OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be processed according to the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as Data Controller, processes Users' Personal Data by adopting appropriate security measures aimed at preventing unauthorised access, disclosure, modification or destruction of Personal Data.
Processing is carried out using IT and/or telematic tools, with organisational methods and logic strictly related to the purposes indicated.
The User's Data is collected for the execution of pre-contractual measures; to fulfil obligations deriving from the stipulated contract; for the registration procedure aimed at purchasing the Products; to follow up on specific requests made to the Controller by the User; for sending information and promotional and commercial offers, also through the newsletter service based on the User's freely expressed consent; for soft spam purposes for promotional communications concerning the Products purchased without the need for the User's express and prior consent, as provided for by art. 130, paragraph 4, Privacy Code as amended by Legislative Decree no. 101 of 2018.
Therefore, the Customer is invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relative consent to processing where required (Cookie Policy).
ART. 18 DISPUTE RESOLUTION AND ARBITRATION
In the event of disputes or claims arising from or in connection with these Terms and Conditions, including any questions regarding their existence, validity or termination, the Parties undertake first to seek to resolve the matter through amicable negotiation. If the dispute is not resolved within 30 days of such negotiation attempt, it will be submitted to arbitration.
Each Party will appoint its own lawyer within 15 days of the decision to proceed with arbitration. The lawyers appointed by the Parties will jointly select a third lawyer to act as sole arbitrator.
The arbitrator will be responsible for resolving the dispute, and their decision will be final and binding on both Parties. If the Parties' lawyers fail to appoint the third lawyer within 15 days of their appointment, the appointment will be made, at the request of one of the Parties, by the President of the Bar Association of the jurisdiction applicable to this contract.
The arbitration will take place in English and the seat of the arbitration will be London, England. The arbitration procedure will be governed by the laws of the exclusive jurisdiction of England and Wales.
ART. 19 COMMUNICATIONS
For any further information, you can contact the Seller at the following address: assistenza@spartanhealti.com
Pursuant to arts. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and accepted all the clauses of these General Terms and Conditions of Sale and in particular those of articles 3, 7, 9, 12 and 15.