TERMS AND CONDITIONS

The Site is operated and the Products are sold by:

Società Agricola BioXFarm S.r.l.s., also operating under the BioXFarm brand
Registered office: Contrada Ciuranà, 88812 Crucoli (KR), Italia

VAT number: 03832410793
REA number: KR – 186392

E-mail: info@bioxfarm.com
Phone: +39 0962 34 034

In this document, the party indicated above is referred to as the “Seller” or the “Controller”.

For the purposes of these Terms:

• Customer or User: the natural or legal person who uses the Site or purchases a Product;
• Consumer: the natural person acting for purposes unrelated to their business, trade, craft or profession;
• Business Customer: the Customer acting within the scope of their business, trade, craft or profession;
• Product: a tangible good purchasable on the Site;
• Order: the purchase proposal transmitted by the Customer through checkout;
• Contract: the sales contract concluded between the Seller and the Customer under these Terms.

Provisions expressly addressed to Consumers apply exclusively to that category of Customers.

These Terms apply to purchases made through the Site.

Online sales are available in Italy and in other European Union countries that are actually selectable during checkout. Viewing the Site from a territory not served does not create any obligation for the Seller to accept or ship an Order to that territory.

The Seller may update the list of served countries for the future, giving notice of this in checkout.

The Site may be used exclusively for lawful purposes and in compliance with these Terms, applicable law and third-party rights.

In particular, it is prohibited to:

• use bots or other automated tools to create accounts, place orders, or compromise the Site’s functioning;
• attempt unauthorised access to accounts, systems or data;
• use the Site fraudulently or provide false information;
• copy, reproduce or commercially exploit the Site’s content without authorisation, except as permitted by law.

The Controller may adopt proportionate measures to protect the Site and prevent abuse, fraud or breaches of the law.

The Customer can make purchases without creating an account, within the limits of the functions made available by the Site, or use the BioXFarm personal account area.

Access to the account takes place without a password, by means of a temporary one-time code (OTP) sent to the email address given by the Customer. The Customer is responsible for the security of their own email account and must not disclose the code received to third parties.

The data provided must be complete, truthful and up to date. The Customer must promptly notify BioXFarm if they suspect unauthorised access to or unlawful use of their account.

The Customer may request closure of their account by contacting info@bioxfarm.com. Closing the account does not affect the retention of information the Seller is required to keep for legal, accounting or tax obligations, or to protect its own rights, as set out in the Privacy Policy.

The Seller may suspend or restrict an account in the event of reasonable suspicion of fraud, breach of law, security compromise or serious breach of these Terms. Where possible, and except where urgent security needs or legal obligations require otherwise, the Customer will be informed of the measure and the reasons for it.

BioXFarm sells food products based on extra virgin olive oil, including the products and formats listed on the relevant product pages, among them Terra Eterna, Essentia, Bag in Box and EXELIEN.

The essential characteristics, format, quantity, price and availability of each Product are indicated on the relevant page and summarised before the Order is placed.

Images are for illustrative purposes. Minimal differences in colour, appearance or packaging that do not affect the Product’s essential characteristics may depend on the device used, the production batch, or packaging updates. The mandatory information shown on the label and on the Product page remains binding.

Product descriptions, including information on nutritional characteristics, do not constitute a diagnosis, prescription or medical advice, and do not replace the opinion of a healthcare professional.

Products are offered within the limits of the stock availability shown on the Site.

Should a Product exceptionally prove unavailable after an Order has been sent, due to an inventory error or an unforeseen event, the Seller will promptly inform the Customer. The Customer may choose, where available, a replacement Product or obtain a refund of the amounts already paid for the unavailable Product. The Seller will not make substitutions without the Customer’s consent.

To place an Order, the Customer must:

1. select the Products and the relevant quantities or variants;
2. check the contents of the cart;
3. provide the required contact, billing and delivery details;
4. choose a shipping method and a payment method among those available;
5. check the final summary, including price, taxes and shipping costs;
6. accept these Terms and confirm the Order via the button that unambiguously indicates the obligation to pay.

Before sending, the Customer can identify and correct any errors in the data entered.

Placing the Order creates the obligation to pay the total price shown in the final summary.

After the Order is sent, the Customer receives at the email address provided a confirmation containing the essential information of the purchase. The Contract is deemed concluded when the Customer receives the Order confirmation from the Seller.

Automatic acknowledgement of receipt does not prevent the Seller from contacting the Customer and cancelling the Order, with a full refund of any amounts collected, in cases of subsequent unavailability, manifest error in the price or characteristics of the Product, failure to authorise payment, reasonable suspicion of fraud, or impossibility of shipping to the address given.

The Customer is required to check the accuracy of the confirmation and promptly report any errors to info@bioxfarm.com.

Product prices are expressed in euros and include applicable VAT. For sales subject to the Italian rate, Product prices currently include VAT at 4%, where that rate is applicable.

Shipping costs are not included in the Product price: they are calculated at checkout based, among other things, on the actual weight of the Order and the destination given by the Customer, and are shown before the Order is confirmed.

For sales to other European Union countries, the applicable VAT rate and tax treatment may depend on the applicable law and the destination country. The total amount due, including applicable taxes and shipping, is always shown before the Order is placed.

Any manifest pricing errors are not binding on the Seller. In such a case, the Customer will be informed and may confirm the purchase at the correct price or obtain cancellation and a full refund.

The Seller may offer promotions or discount codes subject to conditions communicated from time to time, such as duration, products concerned, minimum Order value, maximum number of uses, or non-cumulability.

Unless otherwise stated, a discount code cannot be converted into cash, cannot be applied retroactively, and cannot be combined with other promotions.

In the event of a partial return, the refund takes into account the discount actually apportioned to the Products purchased. Any resulting loss of eligibility for a promotion following a return will be handled according to the promotion’s conditions and in compliance with the Consumer’s mandatory rights.

The payment methods actually accepted are shown during checkout. Electronic payments are handled through specialised providers, including Stripe for card payments when available.

BioXFarm does not receive the full payment card number. Payment data is processed by the service provider according to its own terms and notices.

The Order may be subject to additional authentication, including 3D Secure authentication, when required by the network or payment provider.

If payment is refused, cancelled or not authorised, the Order will not be fulfilled. Any amounts merely authorised will be released according to the payment provider’s technical timeframes.

Shipping is carried out using the courier and service indicated at checkout or in the Order confirmation. Costs are calculated using the weight and destination information provided by the shipping system, including the integration with BRT where available for the selected destination.

Deliveries are made to the address given by the Customer. The Customer must provide a complete and correct address and ensure that the recipient can receive the package.

Any delivery times shown at checkout or in the confirmation are an estimate, unless a binding date is expressly stated. In any case, unless otherwise agreed, delivery to the Consumer will take place within 30 days of the conclusion of the Contract.

Where available, the Customer receives shipping information and the relevant tracking link or code by email. The absence of immediate tracking updates does not affect the Customer’s rights.

The risk of loss or damage to the Products passes to the Consumer when the Consumer, or a third party other than the carrier and designated by the Consumer, physically takes possession of the Products. If the Consumer independently chooses a carrier not proposed by the Seller, the risk passes when the goods are handed over to that carrier, without prejudice to the Consumer’s rights against the carrier itself.

If delivery fails due to the recipient’s absence, an incomplete or incorrect address, or failure to collect the parcel, the courier’s redelivery or depot-storage procedures apply.

Should the parcel be returned to the Seller for a reason attributable to the Customer, the Seller will contact the Customer to arrange a new shipment or a refund. The actual costs of a new shipment may be charged to the Customer, provided they are communicated before the new dispatch and unless the failed delivery is attributable to the Seller or the courier chosen by the Seller.

This clause does not limit the Consumer’s rights in the event of delay, loss or non-performance attributable to the Seller or the courier it appointed.

At the time of delivery, the Customer is invited to check the integrity of the packaging. In the presence of visible damage, they may accept delivery with a specific reservation, where allowed by the courier, or refuse the parcel.

The Customer is invited to promptly report to info@bioxfarm.com any missing, incorrect, damaged or leaking Products, stating the Order number and attaching, if possible, photographs of the packaging, the shipping label and the Product.

Failure to report immediately does not result in the loss of the Consumer’s mandatory rights under the legal guarantee.

The Customer may request cancellation of the Order from the personal account area, if the function is available for the Order’s status, or by writing to info@bioxfarm.com.

The Seller will do what is reasonably possible to accommodate the request until the Order has been handed over to the courier. If the Order has already been shipped, the Consumer may exercise the right of withdrawal under the following section.

This contractual right to request cancellation does not limit the right of withdrawal provided by law.

Except for the exceptions provided by law, Consumers resident in the European Union may withdraw from the Contract within 14 days without having to give any reason.

The period runs:

• from the day on which the Consumer, or a third party other than the carrier and designated by the Consumer, acquires physical possession of the Product;
• in the case of several Products ordered together and delivered separately, from the day of delivery of the last Product;
• in the case of a Product consisting of multiple batches or pieces delivered separately, from the day of delivery of the last batch or piece.

17.1 How to exercise withdrawal

The Consumer may communicate their decision to withdraw:

• using the online “Withdraw from the contract” function, when available in the personal account area during the withdrawal period;
• by sending the model form set out at the end of this document; or
• by sending any other explicit statement to info@bioxfarm.com.

If withdrawal is exercised via the online function, BioXFarm sends without undue delay a confirmation on a durable medium, including the content of the request and the date and time of transmission.

To meet the deadline, it is sufficient to send the communication before the 14-day period expires.

17.2 Return of Products

The Consumer must return the Products without undue delay and in any case within 14 days of communicating the withdrawal, to the following address:

Società Agricola BioXFarm S.r.l.s.
Contrada Ciuranà, 88812 Crucoli (KR), Italia

The deadline is met if the Consumer hands the Products to the carrier before it expires.

Unless BioXFarm has stated it will bear the cost, or the return is due to a lack of conformity, an error by the Seller, or damage attributable to the Seller or the appointed courier, the direct cost of the return is borne by the Consumer.

The Consumer is liable only for the diminished value resulting from handling of the Product other than what is necessary to establish its nature, characteristics and functioning.

17.3 Exceptions applicable to food products

The right of withdrawal is excluded in the cases provided by law, including the supply of goods liable to deteriorate or expire rapidly, and, where the exception is applicable to the specific Product, sealed goods that are not suitable for return for hygiene or health-protection reasons and that have been opened after delivery.

The mere fact that a Product is a food item does not automatically exclude withdrawal. Any exception will be assessed in relation to the characteristics and actual condition of the Product, in compliance with applicable law.

17.4 Refunds following withdrawal

In case of a validly exercised withdrawal, the Seller refunds the payments received for the returned Products and, in case of withdrawal from the entire Order, the cost of the cheapest standard delivery offered for that Order. Additional costs resulting from choosing a more expensive delivery method than standard are not refunded.

The refund is made without undue delay and in any case within 14 days from the date the Seller was informed of the withdrawal, using the same payment method as the purchase, unless otherwise agreed with no cost to the Consumer.

The Seller may withhold the refund until it has received the Products or until the Consumer has shown proof of having sent them back, whichever is earlier.

Consumers are entitled to the legal guarantee of conformity provided by the Italian Consumer Code and applicable European law.

The Seller is liable for lack of conformity existing at the time of delivery and which becomes apparent within the period provided by law, generally two years from delivery for new goods, taking into account the nature of the Product, its normal duration and the minimum shelf life indicated on the label.

In the presence of a lack of conformity, the Consumer is entitled, free of charge, to the remedies provided by law. Given the nature of the Products, the remedy actually applicable may consist of replacement, a proportional price reduction, or termination of the Contract and refund, under the conditions established by applicable law.

To report a problem, the Consumer can write to info@bioxfarm.com, stating the Order number and describing the defect. Sending photographs can facilitate handling of the request, but does not replace or limit the Consumer’s rights under the law.

The costs necessary to handle a non-conforming Product, including return costs where due, remain borne by the Seller.

When a refund is due, BioXFarm arranges it according to the applicable terms. After it is issued, the actual credit may require further technical time depending on the network, bank or payment provider used by the Customer.

BioXFarm communicates that the refund has been arranged by email or in the personal account area, where available.

The Site’s content, including text, trademarks, names, photographs, videos, graphics, labels, logos, layout and software, is protected by intellectual- and industrial-property law and belongs to the Controller or is used with the authorisation of the respective owners.

Users may use the content exclusively to browse the Site and purchase Products. Any unauthorised reproduction, modification, distribution, publication or commercial exploitation is prohibited, without prejudice to uses permitted by law.

The Site may contain links to or integrations with third-party services, such as payment providers, maps, shipment-tracking tools or social platforms.

Such services are also governed by the terms and notices of their respective providers. The Seller does not control the content of external sites, but remains responsible for the obligations that the law places directly on it in performing the Contract.

The Seller is liable for performance of the Contract in accordance with applicable law.

Nothing in these Terms excludes or limits the Seller’s liability in cases where it cannot be excluded or limited by law, nor does it affect the Consumer’s mandatory rights.

In relations with Business Customers, and to the extent permitted by law, the Seller is not liable for indirect damages, loss of profit or loss of opportunity that do not constitute an immediate and direct consequence of the breach.

The Seller is not liable for failure or delay in performance caused by unforeseeable events beyond its reasonable control, without prejudice to the obligation to inform the Customer and to the remedies provided by law.

The processing of personal data is described in the Site’s Privacy Policy. The use of cookies and similar technologies is described in the Cookie Policy and managed via the preferences available on the Site.

The Seller may amend these Terms for the future, for example to bring them into line with regulatory, technical or commercial developments. The version applicable to each purchase is the one made available and accepted at the time the Order is placed.

Subsequent changes do not affect Contracts already concluded, unless required by law or expressly accepted by the parties.

The Seller may temporarily suspend the Site for maintenance, security or updates. Such actions do not affect obligations relating to Orders already concluded.

For information, assistance or complaints, the Customer can contact BioXFarm:

• e-mail: info@bioxfarm.com;
• phone: +39 0962 34 034;
• post: Società Agricola BioXFarm S.r.l.s., Contrada Ciuranà, 88812 Crucoli (KR), Italia.

It is helpful to state the Order number and a clear description of the request. The Seller will respond without undue delay.

These Terms and the Contracts are governed by Italian law.

If the Customer is a Consumer resident in another European Union country, any mandatory protective provisions recognised by the law of the country of residence remain unaffected.

For disputes with a Consumer, the court of the Consumer’s place of residence or domicile has jurisdiction, when provided by applicable law.

For disputes with a Business Customer, the court of the place where the Seller has its registered office has jurisdiction, unless otherwise agreed in writing or unless mandatory jurisdiction rules provide otherwise.

The Customer is invited to first contact BioXFarm using the contact details in section 25 to attempt an amicable solution.

The Consumer may also refer to the alternative dispute resolution (ADR) bodies competent under applicable law. The list of Italian ADR bodies is made available by the Italian Ministry of Enterprises and Made in Italy.

The former European ODR platform for online dispute resolution has been discontinued and is therefore not referred to in these Terms.

Should any provision of these Terms be or become void or unenforceable, this does not render the other provisions void, and they remain effective. The invalid provision will be replaced or interpreted, to the extent permitted, in a manner consistent with applicable law and its original purpose.

This form may be used, but is not mandatory. Complete it and send it to:

Società Agricola BioXFarm S.r.l.s. — BioXFarm
Contrada Ciuranà, 88812 Crucoli (KR), Italia
E-mail: info@bioxfarm.com

I/We (*) hereby give notice that I/we (*) withdraw from my/our contract of sale of the following goods:

Order number: ______________________________________________________
Ordered on (*) / received on (*): _______________________________________
Name of Consumer(s): ___________________________________________
Address of Consumer(s): _______________________________________
E-mail used for the Order: _________________________________________
Date: _________________________________________________________________

Signature of Consumer(s), only if this form is notified on paper:

(*) Delete as appropriate.