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Terms and conditions

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EVOSCIENCE information - terms and conditions

 

 

EVOSCIENCE is an initiative entirely dedicated to the world of food and flavors in particular. Founded in Mestre (VE), the company creates, develops and produces high quality natural flavourings, ingredients, semi-finished and finished food products.

The EVOSCIENCE e-commerce will allow you to purchase products directly online, with fast, safe and reliable deliveries.

Introduction

This document

This document constitutes a legal agreement between you, as a User, and the company that manages EVOSCIENCE and regulates your use of the website and, in any case, the use of the services provided. “Legal Agreement” means that the terms of such agreement, once accepted by the User, are binding on the latter.

 

For simplicity, "User", "You", "Your" and similar terms, both singular and plural, refer to you, the User. “We,” “our,” and similar terms refer to the company that owns and operates EVOSCIENCE. “EVOSCIENCE” refers to this site and/or application. “Agreement” refers to this document, as amended from time to time. The Contract is concluded in Italian or in English. Other definitions may be found in the "Definitions" section at the end of this Agreement.

 

Acceptance of Agreement

In order to use EVOSCIENCE, you must carefully read and accept the Contract by clicking on the specific acceptance button. If you do not accept the Agreement, you will not be able to use the Service.

Registration, EVOSCIENCE Content and Prohibited Use

Registration

In order to use the Service or part of it, Users must register by truthfully and completely providing all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User has the duty to guard and keep his access credentials confidential.

It is understood that under no circumstances can the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

 

Account cancellation and closure of User accounts

Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through the EVOSCIENCE interface or by contacting the Owner directly.

The Owner, in case of violation of these Terms, reserves the right to suspend or terminate the User's account at any time and without notice.

The Owner reserves the right to suspend or cancel the User's account at any time and without notice if it believes that:

  • the User has violated the Agreement; and/or

  • access to or use of the Service could cause damage to the Owner, other Users or third parties; and/or

  • Your use of EVOSCIENCE may result in a violation of applicable law or regulation; and/or

  • in the event of investigations conducted as a result of legal actions or due to the involvement of public authorities; and/or

  • the account is deemed by the Owner, at its sole discretion and for any reason, inappropriate or offensive or in breach of the Contract or not in line with the standards of the Owner.

 

Content available on EVOSCIENCE

The contents available on EVOSCIENCE are protected by copyright law and by other international laws and treaties aimed at protecting intellectual property rights and, unless otherwise specified, their use is permitted to Users exclusively within the limits specified in this clause .

The Owner grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for exclusive personal and never commercial purposes and limited to the device used by the User for the use of such contents.

Therefore, it is expressly forbidden for the User to copy and/or download and/or share (except within the limits set out below), modify, publish, transmit, sell, sublicense, process, transfer/assign to third parties or create derivative works in any way from the contents, including those of third parties, available on EVOSCIENCE, nor allow third parties to do so through the User or his device, even without his knowledge.

Where expressly indicated on EVOSCIENCE, the User, for mere personal use, may be authorized to download and/or copy and/or share some content made available on EVOSCIENCE, provided that he faithfully reports all copyright indications and other indications provided by the Owner.

 

Use not permitted

The Service shall be used in accordance with the Terms.

Users cannot:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on EVOSCIENCE or any portion of it;

  • circumvent the computer systems used by EVOSCIENCE or its licensors to protect the content accessible through it;

  • copy, store, modify, change, prepare derivative works or otherwise alter any of the content provided by EVOSCIENCE;

  • use any robot, spider, site search and/or retrieval application, or any other automatic device, process or means to access, retrieve, scrape or index any portion of EVOSCIENCE or its contents;

  • rent, license or sublicense EVOSCIENCE;

  • defame, offend, harass, harass, threaten or otherwise violate the rights of others;

  • disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;

  • unlawfully take possession of the account used by another User;

  • register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through EVOSCIENCE;

  • use EVOSCIENCE in any other improper manner that violates the Terms.

 

Terms of sale

Purchase

Purchase procedure

Each order sent constitutes an offer to purchase the products. Orders are subject to the availability and discretionary acceptance of the Owner.

The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is placed through confirmation of the same and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.

 

The Order Processing Receipt does not constitute acceptance of the order. The contract is concluded when the Owner sends the Order Confirmation to the email address provided by the User. The Owner reserves the right not to confirm an order, communicating to the User within 5 working days of placing the order, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User.

 

Terms of payment

EVOSCIENCE uses third-party tools for payment processing and does not in any way come into contact with payment data - such as those relating to the credit card - provided.

Any management costs of non-accepted payments by the User will be charged to the User.

 

Offers and discounts

The Owner reserves the right, at its exclusive and indisputable discretion, to offer discounts and/or offers for a limited period of time. The conditions to which such discounts and/or offers are subject are indicated from time to time on the relevant information page on EVOSCIENCE. Each discount and/or offer will be valid until the set deadline or, if applicable, while stocks last. If the discount and/or offer are subject to time limits, the time indicated refers to the time zone of the Owner, as per the address indicated in this document.

 

No Refunds

The User will not be able to request a refund for the goods purchased under any circumstances unless, as a consumer, he intends to exercise the right of withdrawal according to the methods indicated in the appropriate section of this document.

 

Retention of title

Until full payment of the price of the products ordered, the products remain the property of the Owner.

 

Availability of products

The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not be an exact representation of the products.

The Owner will do his best to present the characteristics of the products with the greatest possible detail on EVOSCIENCE within each file corresponding to the product viewed by the User. However, the images of the products offered for sale on EVOSCIENCE may differ from the real ones due to multiple factors including, but not limited to, the User's terminal monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

 

Execution of the Order

The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the Order Confirmation is sent.

 

Delivery

Deliveries are made during normal working hours to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, the User must check the content by specifying any anomalies in the delivery form.

In case of non-collection within the deadline established by the carrier, the products will be returned to the Owner, who will reimburse the price of the products, but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User, for damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.

 

Right of withdrawal and guarantee

Right of withdrawal

In case of purchase of products or services on EVOSCIENCE, the User has the right to withdraw from the contract without giving the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw through an explicit declaration sent to the contacts indicated.

To this end, you can use the model for exercising the right of withdrawal shown in the "definitions" section of this document. The User is also free to express his choice to withdraw from the contract in any other equivalent form.

Effects of withdrawal

If the User withdraws from this contract, all payments he has made to the Owner will be refunded, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery standard offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract. These refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a result of such reimbursement. The refund may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever is earlier.

The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the 14-day period has expired. The costs of returning the goods will be advanced by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above to be paid by the User. The User is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Limitations on the right of withdrawal

Returned products that are damaged or used in a different and further way than what is strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from the damage or use. Reimbursement is excluded when the decrease in value is total.

The User is requested to insert a copy of the delivery document received inside the package.

The right of withdrawal is in any case excluded in relation to:

  • goods made to the User's specification, made to measure or clearly personalised;

  • the supply of goods which are liable to deteriorate or expire rapidly;

  • the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery.

If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

 

Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the relative consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. to the User who acts for purposes unrelated to his business and professional activity.

 

Warranty

The User who purchases as a consumer has the right to guarantee the conformity of the products and services purchased within the limits of 24 months from the purchase, provided that notice is given within 2 months of their discovery.

 

To exercise the warranty right, the User is required to contact the Owner at the contact information contained in this document, giving an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.

The User also has the right to ask the Owner for a reasonable price reduction or termination of the contract in the following cases:

  • if the repair and replacement are impossible or excessively expensive;

  • if the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;

  • if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is still required to return the defective products.

 

Indemnity and Limitation of Liability

Indemnity

The User undertakes to indemnify the Owner (as well as any company controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damages caused to other Users or third parties, in relation to the contents uploaded online, to the violation of the law or the terms of these conditions of service.

 

Limitations of Liability

EVOSCIENCE and all features accessible through EVOSCIENCE are made available to Users, under the terms and conditions set out in the Contract, without any warranty, express or implied, that is not required by law. In particular, no guarantee is given as to the suitability of the services offered for the particular purposes set by the User.

The use of EVOSCIENCE and of the functionalities accessible through EVOSCIENCE is carried out by Users at their own risk and under their own responsibility.

In particular, the Owner, within the limits of the applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of EVOSCIENCE. Therefore, the Owner will not be responsible for:

  • any losses that are not a direct consequence of the Owner's breach of the Contract;

  • any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

  • damages or losses deriving from interruptions or malfunctions of EVOSCIENCE due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond the will and unrelated to the Controller's sphere of control such as, by way of example and not limited to, breakdowns o interruptions to telephone or electricity lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the supply of third-party products, services or applications; and

  • incorrect or unsuitable use of EVOSCIENCE by Users or third parties.

 

Common provisions

Service Interruption

To guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service due to system maintenance or updating needs, informing Users through constant updates on EVOSCIENCE.

 

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of EVOSCIENCE and its Services without the Owner's prior written permission, granted directly or through a specific reselling program.

The Owner could tolerate forms of resale carried out on a personal (one to one) and limited basis; any form of mass resale is expressly excluded.

 

Privacy policy

For information on the use of personal data, Users should refer to the EVOSCIENCE privacy policy.

 

Intellectual Property Rights

All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear relating to EVOSCIENCE are and remain the exclusive property of the Owner or its licensees and are protected by applicable trademark laws and related international treaties.

All trademarks and other signs, trade names, service marks, word marks, trade names, illustrations, images, logos relating to third parties, and the content posted by such third parties on EVOSCIENCE are and remain the exclusive property or availability of such third parties and their licensors and are protected by applicable trademark laws and related international treaties. The Data Controller does not own these intellectual property rights and can only use them within the limits and in accordance with the contracts entered into with such third parties and for the purposes outlined therein.

 

Age requirements

Users declare that they are of age according to the legislation applicable to them. Under no circumstances may children under the age of 13 use EVOSCIENCE.

 

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication within EVOSCIENCE.
The User who continues to use EVOSCIENCE after the publication of the changes accepts the new Terms without reserve.

 

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.

The User may not assign or transfer in any way his rights or obligations under the Terms without the written authorization of the Owner.

 

Communications

All communications relating to EVOSCIENCE must be sent using the contact information indicated in the Agreement.

 

Ineffectiveness and partial nullity

If any clause of the Terms should be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.

 

Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive jurisdiction of the court of the place where the Owner has its registered office.
The exclusive forum of the consumer is an exception, if the law so provides.

 

Dispute Resolution

Online dispute resolution for consumers.

The consumer residing in Europe should be aware of the fact that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link.

The Data Controller is available to answer any questions sent via email to the email address published in this document.

Last modification:  01 March 2023

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