Terms of sale

GENERAL CONDITIONS OF SALE
Date of publication on the website and entry into force 01/09/2024
1. Object

1.1. These general conditions of sale govern the purchase of “BEA” brand products (hereinafter “Products”) carried out through the e-commerce site www.beastore.it (hereinafter the “Site”) in compliance with Legislative Decree 206/2005 (“Consumer Code”) and subsequent amendments and additions. The Site, owned by

BEA srl

Duke Street, 43
Foiano della Chiana
52045 - Arezzo
VAT 02483330516

and registration number in the Register of Companies of AREZZO (hereinafter "Owner"), REA Number ME-249921, sole proprietorship, e-mail address: info@beaquaculture.com

1.2. BEA Srl sells the Products through the Site in its own name and on its own behalf. Purchases of Products made through the Site will therefore see as parties BEA Srl, as seller (hereinafter the “Seller”), and the person who proceeds with the purchase of one or more Products for purposes not related to his/her own entrepreneurial, commercial, artisanal or professional activity, as buyer (hereinafter the “Consumer”), (Seller and Consumer will be collectively referred to as the “Parties”).

1.3. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products – may be sent to the Seller at the email address info@beaquaculture.com

1.4. The Consumer who accesses the Site to make purchases is required, before sending the order, to carefully read these General Conditions of Sale (hereinafter "General Conditions") which are always available in the footer of the Site and which, as indicated in the following art. 3.2, are made available to the Consumer for reading and express acceptance before sending each individual order.

1.5. Each purchase is governed by these General Conditions of Sale in the version published on the Site at the time the order is sent by the Consumer.

1.6. The Seller reserves the right to modify these general conditions of sale at any time, at its sole discretion, without the need to provide any prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

1.7. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are invited not to place purchase orders.

1.8. At the same time as transmitting the purchase order, the Consumer accepts that the confirmation and summary of the information relating to the order placed will be sent to him via e-mail to the address declared by the same during registration on the Site or during the purchasing process.

1.9. In order to make purchases through the Site, the Consumer must have the capacity to act, which the Consumer declares to possess.

1.10. Any costs for connecting to the Site via the Internet, including telephone costs, shall be borne exclusively by the Consumer, according to the rates applied by the operator selected by the Consumer.

1.11. The Website is designed, created and managed directly by BEA Srl and allows Users (as defined below) to:
view the Products;
select the Products you wish to purchase, available for purchase;
use the home delivery service for the Products;
pay the amount due to Bio Engineering Aquaculture di Nicola Lo Duca for the purchase of the selected Products, according to the Service (as defined below) chosen.
The company, as part of its policy of fairness and transparency, invites each user of the website, before starting to browse the website, to carefully read these terms and conditions ("t&c") that regulate the services offered through the website. If you do not intend to accept these t&c and/or any other note, legal notice, information or declaration of limitation of liability published on the website, we invite you not to use the website, nor its services.

1.12. The procedure for concluding the contract and these general conditions are available in Italian.

2. Product Features

2.1. The characteristics of the Products are indicated and described on the Site. In particular, for each Product there is a Product Sheet on the Site, describing the main characteristics and including the necessary information in compliance with the legislation in force.

2.2. The images on the Site reproduce the Products as faithfully as possible. However, they are for illustrative purposes only and must therefore be considered indicative and with the tolerances of use. In any case, it is necessary to refer to the information and descriptive indications of the characteristics of the Products contained in the Product Sheet.

2.3 The Site can be accessed from all over the world. For purchases of products outside of Italy and in one of the states belonging to the European Union, please write to the address: info@beaquaculture.com.
The sale will be consolidated by email and will be governed by these general conditions of sale as compatible. Shipping costs will be charged to the consumer.

3. Conclusion of the contract

3.1. The presentation of the Products on the Site represents an invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. The purchase order is sent by the Consumer to the Seller by pressing the “Pay now” button and has the value of a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself and which the Consumer, before sending the order to the Seller, will be asked to accept in full. In particular, before proceeding with the definitive forwarding of the order for the purchase of the Products, by pressing the aforementioned “Pay now” button, the Consumer will be asked to carefully read these general conditions of sale and will be given the option of printing a copy using the print command and/or saving or reproducing a copy for his own records. Furthermore, the Consumer will be asked to identify and correct any errors in entering his data before sending the order.

3.3. The Consumer's purchase order is accepted by the Seller - and therefore the contract is considered concluded - with the sending to the Consumer, to the email address declared by the latter to the Seller at the time of registration on the Site (or of the transmission of the order if the Consumer is not registered on the Site), of an email confirming the order itself, which will report the summary of the order placed, including the description of the characteristics of the Product ordered, the agreed price and all other information required by law. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be archived electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via email to the Seller at info@beaquaculture.com.

3.4. The amount will be charged to the Consumer at the time of order confirmation. In the event of anomalies or irregularities in the payment, the Seller reserves the right not to accept the purchase proposal or to terminate any contract already concluded, without this giving the Consumer any right to request compensation for any damages or to assert other claims.

3.5. In the event of exceptional unavailability of the Products ordered, the Seller will communicate this circumstance to the Consumer by email within a maximum of 5-6 working days from sending the order. In this case, the Consumer may decide to: i) receive the Product as soon as it is available (information on the timing will be provided in the email sent by the Seller), ii) ask the Seller to cancel the order and terminate the contract. In this last case, the Seller will refund the amount within 8-10 working days using the same payment method used by the Consumer.

3.6 If the exceptional unavailability of the Products occurs only for part of the Products included in the same order, the Consumer will be informed by the Seller of this circumstance by e-mail, within a maximum of 4-5 working days from the sending of the order, and may decide to cancel the entire order and terminate the contract or proceed, in any case, with the purchase of the available Products. Also in this case the Consumer may decide, for the part of the unavailable Products, to receive them as soon as they are available (indications on the timing will be provided in the e-mail sent by the Seller). If the Consumer decides to cancel the entire order or part of it, the Seller will refund the amount within a maximum of 5-6 working days using the same payment method used by the Consumer.

4. Product selection and purchase procedure and payment methods

4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and adding them to the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to purchase the Products added to the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) log in, if the Consumer is already registered or, if he/she does not intend to register, (iii) provide his/her data in order to complete the individual order and allow the conclusion of the contract.

4.2. For each order, the Consumer will be invited to follow the purchase procedure which includes forms to be filled in electronically. In the first, the Consumer can modify or confirm personal information; in the second, he can confirm or indicate the address to receive delivery of the Products and the billing data; by filling in the third form, he can indicate the shipping method. In this section, the cost requested from the Consumer for the available delivery will also be indicated. By filling in the fourth section, the Consumer can finally proceed to choose the payment method, among those indicated as available on the
Site and described in the following art. 7.

4.3 Once the above sections have been filled in, the Consumer will see a summary of the data and the order to be executed, the contents of which can be modified by following the procedures indicated on the site; then, the Consumer will be asked to confirm that he has read and approved these general conditions of sale, by means of the appropriate check-box on the Site and finally, by means of the "Pay now" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous paragraphs 3.2. and 3.3. of these general conditions.

4.4. The Consumer guarantees that the personal information provided during the purchase and/or registration procedure on the Site is complete and truthful and acknowledges and accepts that, in the event of inaccurate information or information not referable to the identity of the Consumer, the Seller may be unable to complete the registration. The Consumer is responsible for the confidentiality of his username and password and undertakes to safeguard them with the utmost diligence. In any case, the Consumer is responsible for all activities carried out in the name of his account.

4.5. The Consumer therefore undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from or in any way connected to the violation by the Consumer of the aforementioned rules of registration and/or purchase on the Site and/or storage of the registration credentials.

4.6. Registration on the Site makes the following functions available to the Consumer: – create a user profile – save and modify personal data with the possibility of updating at any time – access to the archive of your orders – check the status of orders

5. Delivery of goods

5.1. The Site indicates the methods and times of delivery of the Products, in compliance with the provisions of the Consumer Code.

5.2 Couriers are not authorised to leave the Products unattended. Therefore, if the recipient is not available at the time of delivery to the address provided, the Seller - also through the courier appointed by the Seller - will attempt to contact the Consumer at the telephone number and/or e-mail address provided by the latter when purchasing the Products, in order to arrange delivery. If the second delivery is also unsuccessful due to the unavailability of the Consumer, the Seller will contact the Consumer at the contact details provided by the latter. If, even following this further contact, delivery of the ordered Products is not possible due to the unavailability of the Consumer, the delivery shall be considered failed and no refund can be made for perishable products that require refrigerated storage.

5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent.
ALL orders will be processed within 5-6 working days, within which the goods will be handed over to the courier for delivery. All orders received by midnight on Sunday evening will be handed over to the courier on Tuesday (the only shipping day). The expected delivery will take place within 24-48 hours after the goods have been handed over to the courier. This data is indicative and not guaranteed, and any delays in deliveries by the courier will not be the responsibility of BEA Srl
The Consumer undertakes to promptly check and in the shortest possible time that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the products received or their non-conformity with the order placed, must be communicated via whatsapp to the assistance number 3382526530 or by email info@beastore.it. Such communications and complaints must be accompanied by photographic video material as evidence of the problem. According to the procedure referred to in the following art. 8 of these general conditions of sale. If the packaging or wrapping of the products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to accept the delivery "with reservation" by the carrier/shipper. In any case, the legal guarantee of conformity of the Seller provided for by the Consumer Code applies, referred to below in the following art. 8.

6. Prices, shipping costs, taxes and duties

6.1. The price of the Products is the one indicated on the Site with reference to each Product at the time the order is sent by the Consumer. The prices include all taxes, while they do not include shipping costs which are indicated and in any case with an independent entry in the order summary that the Consumer views before sending the order. Shipping will be free for orders of an amount equal to or greater than Euro 149.99 (one hundred and forty-nine/99) up to a maximum of 10kg.

6.2. The delivery of the Products is expected within the Italian territory. Shipping costs may vary and may be requested via email.
7. Payments

7.1 Payment for the Products purchased on the Site will be made via PayPal, credit card or bank transfer. As described below. The circuits on which it is possible to purchase within the Website are:

VISA
MASTERCARD
PAYPAL
To ensure maximum security, the Registered User will carry out the payment transaction directly on the secure server of the payment system provider.

The data for payment by credit card are processed directly by the PayPal payment system provider.

PayPal
Once the order has been confirmed, the Registered User will be redirected to the PayPal site where he/she can make the payment with his/her account or using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.
The Seller is therefore not able to know and does not store in any way the credit card data used for payment.

7.2. As indicated in the previous paragraph 3.4, the fee will be charged to the Consumer at the time of order confirmation.

7.4. In the event of termination of the purchase contract by the consumer and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the Consumer will be credited using the same payment method used by the Consumer for the payment.

7.5. The Seller may allow additional payment methods, indicating them in the payments section of the Site.

7.6 The Seller, where required by current legislation, will send an analog copy of the electronic invoice relating to the purchase made to the email address indicated by the Consumer.
Legal guarantee of conformity of the Seller, reporting of defects of conformity and interventions under warranty.

8.1. The legal guarantee provided by the Consumer Code applies to the sale of the Products. The Seller is liable to the Consumer for any lack of conformity of the Products sold existing at the time of delivery of the Products themselves and which becomes apparent within 6 months of delivery itself. The lack of conformity must be reported by the Consumer to the Seller within 2 months of the date on which the Consumer discovered the defect. Unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product (for example because it is perishable or subject to a shorter expiry date) or with the nature of the lack of conformity (for example, due to slight deterioration resulting from wear and tear). In any case, damage and/or anomalies which have been caused by the Consumer and do not derive from a lack of conformity are excluded from the legal guarantee. Under the legal guarantee, the Consumer has the right to have the conformity of the Product restored, free of charge, through repair or replacement, or to an adequate reduction in price or to the termination of the contract.

8.2. The aforementioned report of any defects and non-conformities must be sent by the Consumer to the Seller, by sending a communication via email to the email address: info@beastore.it indicating the defect and/or non-conformity found, as well as the relevant documentation proving the date of purchase (e.g. the order confirmation sent by the Seller and/or the receipt). Once such report has been received, the Seller will provide the Consumer with all the necessary information regarding the procedures to follow to use the legal guarantee.

8.3. If the Seller is required to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer when purchasing the Product. In this case, the Consumer must communicate to the Seller, via email to info@beastore.it, his/her bank details to make the transfer in his/her favor and to ensure that the Seller is in a position to be able to return the amount due.

9. Liability for damage caused by defective products

9.1. With regard to any damage caused by defects in the Products, the relevant provisions of Italian Legislative Decree no. 206/2005 (Consumer Code) apply.

10. Right of withdrawal and cases of its exclusion

10.1. Without prejudice to the cases of exclusion provided for in the following paragraph.

10.1.1 The Consumer has the right to withdraw from the purchase contract within 14 (fourteen) days of receiving the Products without having to provide any reason and without having to bear any costs other than those of returning the Products to the Seller, as provided for in the following paragraph.

10.2, in accordance with art. 57, paragraph 1 of the Consumer Code. The information on the right of withdrawal will always be available on the Site. In the case of separate delivery of multiple Products, ordered by the Consumer with a single order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day on which the last Product is delivered.

10.3. Within the aforementioned 14-day period, the Consumer must communicate to the Seller his intention to withdraw from the contract using one of the following methods: a) by sending the Seller by email to info@beastore.it the appropriate form correctly completed, in compliance with Annex I Part B of the Consumer Code. or b) by sending the Seller by email to ordini@beastore.it any other declaration that manifests his intention to withdraw from the contract. The Seller will promptly confirm to the Consumer – via email to the email address provided by the latter during registration or purchase of the Products – receipt of the declaration of withdrawal exercised, providing instructions for returning the Product(s). 10.3. The direct costs of returning the Products to the Seller will be borne by the Consumer. The Consumer shall return the Products within 14 (fourteen) days from the date on which he communicated to the Seller his decision to withdraw from the contract. The return of the Products shall take place to the following address:

BEA srl

Duke Street, 43
Foiano della Chiana
52045 - Arezzo

10.4. The Consumer is solely responsible for the decrease in value of the goods resulting from handling of the Products other than that necessary to establish the nature, characteristics and functioning of the Products themselves. The Products must in any case be stored, handled and inspected with normal diligence and returned intact (without any sign of wear, abrasion, nicks, scratches, deformation, etc.), complete in all their parts, accompanied by all accessories and information sheets, with the labels and tags, still attached to the Products, as well as suitable for the use for which they are intended. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

10.5. If the right of withdrawal has been validly exercised by the Consumer within the terms provided, the Seller will refund the Consumer the entire amount paid for the purchase of the Products, including the shipping costs originally incurred at the time of purchase, within 14 (fourteen) days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Consumer, without prejudice to the Seller's right to suspend the refund until the actual receipt of the Products or until the Consumer has demonstrated that he has returned the Products, depending on which situation occurs first.

10.6. The aforementioned refund will be made using the same payment method used by the Consumer when purchasing the Product, unless the Consumer has expressly requested a different method by sending an email to info@beastore.it. If the payment was made by credit card, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the credit card used by the Consumer for payment.
10.7 Cases of exclusion of the right of withdrawal Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the following cases: – Products that are at risk of deterioration or rapid expiration; – Sealed Products that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery. With reference to the cases of exclusion of the withdrawal listed above, the Consumer is informed and accepts that among the Products that “are at risk of deterioration or rapid expiration” are included fresh or frozen Products as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. In the event that, in one of the aforementioned cases, the right of withdrawal does not apply, such exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase process, before the Consumer proceeds to transmit the order.

10.8 In the event of exercising the right of withdrawal, the Consumer, at his choice, will have the right to request from the Seller, in place of the refund of the price paid for the Product subject to withdrawal and the costs originally incurred for delivery, a voucher of equal value to be spent on purchases on the Site. This right is granted to the Consumer with a view to offering him an advantage and does not constitute in any way a limitation of the right of withdrawal. In any case, in fact, the voucher will be issued only following an explicit choice by the Consumer in this sense, while in all other cases - including the case in which the Consumer does not make any choice - the Seller will proceed with the refund within the terms of the law as provided above.

11. Intellectual Property Rights

11.1. The Consumer declares to be informed that all trademarks, names, as well as any other distinctive sign and denomination, used on the Site by BEA Srl are and remain the exclusive property of the same, without access to the Site and/or the purchase of the Products deriving from the Consumer any right over the same.

11.2. The partial and/or integral reproduction of the contents of the Site, developed by BEA Srl, is prohibited, as is their transfer by electronic or conventional means, their modification or use for any purpose.

12. Consumer data and privacy protection

12.1. In order to proceed with registration, forwarding the order and therefore to the conclusion of this contract, some personal data of the Consumer are requested through the Site. To this end, the Consumer must read the specific privacy information made available by the Seller, as data controller.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.

12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the specific section of the Site “My Account” accessible after authentication.

12.4. For any further information on the methods of processing of the Consumer's personal data, please access the Privacy Policy section

13. Applicable law, competent court and European platform for the out-of-court resolution of disputes.

13.1. Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed by and interpreted in accordance with Italian law. In any case, any rights attributed to Consumers by mandatory provisions of law in force in the State of the latter will be safeguarded.
13.2. For any dispute, the Court of the place where the Consumer resides or has elected domicile will have exclusive jurisdiction. 13.3. Pursuant to art. 14 of EU Regulation no. 524/2013, the Consumer is also informed that in the event of a dispute, he or she may submit a complaint via the European online dispute resolution (ODR) platform made available to consumers by the European Commission. The platform can be reached at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT and constitutes an access point for consumers who wish to resolve disputes arising from online sales contracts of goods or services out of court.