PREMISE

Welcome to the website: www.bioartech.comhereinafter referred to as SITE.

BEFORE USING THE SITE, CAREFULLY READ THE FOLLOWING GENERAL CONDITIONS GOVERNING ITS USE (HEREIN, THE "CONDITIONS OF USE").

These Terms of Use govern access to the Site and the services available through the Site (hereinafter the "Services") and regulate their use.

The use of the Site and the Services implies the full acceptance by the User of all the Conditions of use, the guidelines and other applicable provisions (including, by way of example and not limited to, the personal data protection policy referred to in the following article 14); the User acknowledges the binding nature of these provisions. When registering on the Site and signing up for the Services, the user (hereinafter the "User") is asked to accept the Terms of Use. The use of the Site and the Services is permitted only if the User, while registering on the Site or subscribing to the Services, expressly agrees to comply with the applicable legislation and the provisions set out in the Terms of Use. If the User does not intend to accept the Terms of Use and comply with the applicable legislation, the User is invited not to register and not to use the Services.

BIOARTECH SPORT may periodically modify, if it deems it appropriate, the Conditions of use. In this case, BIOARTECH SPORT will publish the updated version of the Terms of Use on the Site, replacing the "Last modified" date with the update date. Users are advised to consult the Terms of Use regularly. The use of the Site and the Services after the date on which these changes have been made implies acceptance, by the User, of the updated version of the Conditions of use. If the User does not accept these changes, please do not use the Site.

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PRESENTATION OF THE SITE AND COMPANY INFORMATION

1.1 The Site and its contents are designed, managed and administered by the company BIOARTECH SPORT, an Italian limited partnership with:

Registered office:  

32100 Belluno (BL) Via Del Boscon 175

CF and VAT number 01208910255

email: bioartech.business@gmail.com

certified e-mail: bioartechsas@legalmail.it

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AGE REQUIREMENTS

2.1 The Services are not intended for persons under the age of eighteen (18) (or in any case minors under the law of their country). Users who are under the required age are requested not to register and not to subscribe to any Service. If it becomes aware that the User has not turned eighteen (18) years or the age foreseen in his country to be of age (or has voluntarily declared the false about his age during the registration procedure), BIOARTECH SPORT will provide to the immediate cancellation of any registration or subscription of the User and will interrupt the provision of the Services.

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3 REGISTRATION AND SUBSCRIPTION OF THE SERVICES

3.1 The User may register or subscribe to the BIOARTECH SPORT Services available from time to time on the Site.

3.2 When registering or subscribing to the Services, the User is required to provide accurate and truthful information. The User undertakes to promptly inform BIOARTECH SPORT in the event of any changes to the information provided at the time of registration or subscription, in order to ensure that the User can receive the messages sent by BIOARTECH SPORT avoiding that such messages are erroneously transmitted to third parties.

3.3 If the User is registered to a Service that requires prior authentication (for example, an Account or a Wish List), the User undertakes to immediately inform BIOARTECH SPORT if he suspects that there has been unauthorized access to his account. or that your password has been hacked. The responsibility deriving from the use of the account remains exclusively with the User, provided that such use is attributable to it or derives from the User's failure to adopt adequate password protection measures.

3.4 Without prejudice to any other remedy provided for by the applicable legislation and the Conditions of use, in case of violation by the User of the provisions contained in the Conditions of use, BIOARTECH SPORT will have the right to cancel the registration or subscription of the User, block the account and / or deny, limit, suspend or revoke the User's access to the Site and Services.

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4 DURATION AND TERMINATION

4.1 The User's registration on the Site, or his subscription to one or more Services, will be effective when the relative procedure is completed.

4.2 These Terms of Use, and any subsequent versions of the same that may be published on the Site, will be effective for the entire period in which the User uses the Site or the Services.

4.3 The User has the right to withdraw freely and at any time from registering on the Site or subscribing to a Service, without having to give reasons; to exercise this right, the User must send an e-mail to bioartech.business@gmail.com or call +39.3701265360 BIOARTECH SPORT undertakes to confirm to the User the withdrawal from registration or subscription.

4.4 BIOARTECH SPORT has the right to terminate or suspend the User's registration or subscription to a Service at any time by the User, with immediate effect and at its own discretion, in the event of a serious breach by the User of the provisions contained. in the Terms of Use, without prejudice to any other legal right. BIOARTECH SPORT will inform the User of the termination or suspension, as appropriate, by means of a communication sent by e-mail or by post. User registration or subscription will be disabled.

 

5 ELECTRONIC SERVICES

5.1 For the provision of part of the Services it may be necessary to use electronic communication channels (such as e-mail, SMS or telephone).

5.2 The User accepts the possibility of being contacted by BIOARTECH SPORT for communications relating to the Services via SMS, e-mail or other electronic technology, and acknowledges that, in some countries, the use of mobile communication services could involve, on the part of the communication service provider, the application of costs to be borne by the User; these costs are the sole responsibility of the User.

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6 PROTECTION OF INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

6.1 The terms "Site" and "Material" mean, respectively and by way of non-exhaustive example, the software, implementation and use of the Site, the layout, structure and organization of the contents of the Site, as well as any Material reproduced and / or made available to the public, including, in particular, the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, distinctive signs, logo, trademarks, distinctive elements defined as trade dress or any other Material reproduced and / or made available through the Site ("Materials").

6.2 The Material on the Site, in whole or in part, including - by way of example and not limited to - trademarks, domain names, designs and models, patents and copyrights, are protected and are ownership of BIAORTECH SPORT. All rights to them, internationally, are reserved.

6.3 All trademarks, trade names, logos reproduced on the Site, not owned by BIOARTECH SPORT, are used only for purely descriptive purposes and without commercial purposes.

6.4 It is not permitted to carry out, in any form and / or in any manner and for any purpose, even only partially, any of the following operations concerning the Site, any Material on the Site or the related software: reproduce (except for reproduction for personal and non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add, or otherwise modify, create and / or use derivative or otherwise inspired works, sell or take any part in the sale.

The download or copy, if authorized in writing by BIOARTECH SPORT, does not involve the purchase, by the User, of any right, title or interest, on the Material or on the software.

6.5 BIOARTECH SPORT is committed to preserving, enforcing and protecting its intellectual property rights all over the world as well as to firmly oppose any violation of the same in order to ensure that its precious heritage is firmly preserved and fully respected. Any use not expressly permitted under these Terms of Use is to be considered prohibited. Failure by BIOARTECH SPORT to resort to any remedy, whether of a judicial or extrajudicial nature, does not in any case constitute tacit consent or tolerance in relation to any violation of the Conditions of use of the Site and / or of the intellectual property rights of which BIOARTECH SPORT has the ownership and / or availability.

 

7 USER MATERIAL

7.1 The User acknowledges and accepts that any proposal, project, idea, concept, photograph, contribution or any other content and material (with the sole exception of personal data) that is communicated or transmitted to BIOARTECH SPORT through the Site or with any other medium (hereinafter the "User Material") is not to be considered as confidential material. By sending the User Material, the User grants BIOARTECH SPORT the right, on a non-exclusive basis and internationally, to copy, reproduce, publish, communicate, distribute or use in any other way, in whole or in part, said User Material, for the entire duration of the protection period recognized by the legislation, for advertising, promotional or product development purposes.

7.2 BIOARTECH SPORT is not required, and will not be required in the future, to:

(i) keep any User Material confidential;

(ii) pay a fee for the use of the User Material or in any case in relation to it;

(iii) acknowledge the transmission of the User Material and / or confirm receipt.

7.3 The User declares and guarantees that the User Material does not violate the rights of third parties deriving from legal provisions and / or contractual relationships, such as - by way of example and not limited to - copyrights, trademarks, patents, trade secrets, rights of confidentiality or any other proprietary or personal right.

7.4 By transmitting the User Material, the User acknowledges the right (but in any case not the obligation) of BIOARTECH SPORT to copy, reproduce, publish, communicate, distribute or use in any other way, in whole or in part, said User Material, for any purpose, including, by way of example but not limited to, advertising, promotion or development of products or other commercial purposes, without this entailing in any case any rights of the User, or of any third party , to receive any compensation. The User is, and remains, fully responsible, exclusively, for any content of the User Material.

7.5 BIOARTECH SPORT reserves the right to refuse or eliminate, even without motivation, the User Material, including the hypothesis in which it considers such User Material in violation of the Conditions of use or offensive, illegal or such as to violate the rights of third parties, cause damage to third parties or threaten the safety of third parties.

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8 LINKS TO OTHER SITES - HYPERTEXT LINKS - COOKIES

8.1 The Site may contain links to other websites. BIOARTECH SPORT does not exercise any control over such websites and is not responsible, nor can it be held responsible, for the accessibility to third party sites or their contents.

8.2 The presence of links to other websites, as well as the presence of references to information, products or services of third parties in the links to the Site, does not constitute approval, in any way and in no case, by BIOARTECH SPORT, of the aforementioned websites , information, products or services, nor can it be construed as such. Any questions or comments relating to the websites in question should be addressed to the operators of the same.

8.3 Except with the prior written consent of BIOARTECH SPORT, the User is not authorized to framing the Site on other websites or to create links to any part or page of the Site and / or to the Material or any part of it.

8.4 Browsing the Site may cause the installation of cookie (s) on the user's computer. A cookie is a small file, which does not allow the user to be identified, but which records information about the navigation of a computer on a site. The data obtained are intended to facilitate subsequent navigation of the site e  allow various measures of frequency and use: however, users can configure their computers through the settings (Privacy options) of their browser and refuse the installation of the cookie (s). Refusing to install a cookie may make it impossible to access certain services.

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9 AUTHENTICITY OF THE BRANDS INSERTED ON THE SITE

9.1 All products promoted on the website www.bioartech.com are original and have been produced in compliance with the law also with any authorizations provided by the Italian State through the company Difesa Servizi Spa. All products with the Aeronautica Militare brand are authorized with licensing license . 

9.2 MONGRIP is a registered trademark and the exclusive property of GRIP SARL. BIOARTECH SPORT has received the authorization for the promotion and marketing of all MONGRIP products. All the MONGRIP brand products also promoted on the www.bioartech.com website are made with the best materials and are the result of GRIP SARL's research. MONGRIP products are designed and conceived in Monaco: the processing of MONGRIP products takes place exclusively using the best artisans in Monaco, Italy or France: each MONGRIP product is correlated with a guarantee certificate with indication  of the country of Production.

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10 DISCLAIMER OF WARRANTY

10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS CONTENT AND SERVICES ARE PROVIDED FREE OF CHARGE AS IS (ON AN "AS IS" BASIS) AND TO THE EXTENT OF AVAILABILITY. WARRANTY IN RELATION TO THE SITE, ITS CONTENT OR SERVICES, WHICH - BUT NOT LIMITED TO - ANY GUARANTEES OF CONTINUITY AND ABSENCE OF INTERRUPTIONS OR OPERATING ERRORS, OF PROTECTION AGAINST HARMFUL PROGRAMS (SUCH AS MALVIRUS, BUGS, SIMILAR), OF SUITABILITY FOR CERTAIN PURPOSES, AND EXPRESSLY EXCLUDES ANY WARRANTY IN THIS SENSE.

10.2 BECAUSE THE SERVICES ARE OFFERED FREE OF CHARGE, BIOARTECH SPORT WILL ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE SITE IS ACCURATE AND UP-TO-DATE. HOWEVER, BIOARTECH SPORT CANNOT IN ANY CASE GUARANTEE THE ACCURACY OF SUCH INFORMATION NOR THAT SUCH INFORMATION IS FREE OF ERRORS OR OMISSIONS AND EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY IN THIS SENSE. BIOARTECH SPORT RESERVES THE RIGHT TO UPDATE AND / OR MODIFY THE CONTENT OF THE SITE AT ANY TIME WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY.

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11 LIMITATION OF LIABILITY

11.1 IN CERTAIN COUNTRIES, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY INDICATED BELOW MAY NOT BE ALLOWED, EVEN IN PART. THEREFORE, IF SO PROVIDED BY APPLICABLE LAW, THE CONTENT OF THIS ARTICLE MAY NOT APPLY TO YOU.

11.2 THE USER IS RESPONSIBLE FOR THE ASSESSMENT OF THE INFORMATION AND CONTENT OF WHICH THEY KNOW THROUGH THE SITE. USE OF THE SITE INVOLVES THE ASSUMPTION OF ALL RELATED RISKS AND THE USER ASSUMES ALL AND ANY LIABILITY FOR ANY INTERRUPTIONS IN ITS USE, LOSS OF DATA AND COSTS RELATED TO THE ASSISTANCE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE SITE.

11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO EXEMPT HEREBY BIOARTECH SPORT, THE HOLDERS OF RIGHTS LICENSED TO BIOARTECH SPORT, SERVICE PROVIDERS, REPRESENTATIVES, MANAGERS OR DIRECTORS OF ANY BIOARTECH SPORT LIABILITY IN ANY TITLE, FOR ANY POSSIBLE DAMAGES, INCLUDING THEREIN, BUT NOT LIMITED TO, ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, LOSS OR EXPENSES, WHICH ARE DUE, OR OTHERWISE CONSEQUENT, FROM THE USE OF THE SITE OF THE CONTENTS OF THE SITE OR RELATED TO IT, OF ANY LINKED SITES OR OF THEIR USE AS WELL AS THE FAILURE FOR ANYONE TO USE THEM, OR CONNECTED TO ANY MALFUNCTION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAYED, DELAYED OR MALFUNCTIONING OF THE LINE OR SYSTEM, EVEN IN THE ASSUMPTION IN WHICH THE SUBJECT IS AWARE OF THE POSSIBLE OCCURRENCE OF THIS DAMAGES, LOSSES OR EXPENSES.

11.4 IT IS UNDERSTANDED THAT NONE OF THESE TERMS OF USE CONTAINS ANY EXCLUSION OR LIMITATION (I) OF BIOARTECH SPORT'S LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY; (II) OF BIOARTECH SPORT'S LIABILITY IN THE EVENT OF MALICE, MISREPRESENTATION OR SERIOUS FAULT AND / OR (III) OF ANY OTHER LIABILITY THAT THE LAW DOES NOT ALLOW TO EXCLUDE OR LIMIT.

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12 INDEMNITY

12.1 If permitted by applicable law, you agree to indemnify and hold harmless us and each of our parent, subsidiary and affiliated companies, agents, directors, shareholders, legal representatives, attorneys, officers, partners and employees from any loss, liability, claim or request, including reasonable attorney's fees, of any third party arising from your use of the website and services in violation of these Terms of Service and / or resulting from a violation of these Terms of Use and / or any breach of the warranties provided by you in these Terms of Use and / or in the event that any Submitted Material transmitted through the Website gives rise to our liability - towards third parties.

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13 APPLICABLE LAW - JURISDICTION

13.1 The Conditions of use, as well as any non-contractual obligation deriving from or relating to them, are governed by the rules of Italian law and must be interpreted on the basis of it (with the exclusion of the rules on private international law); the application of the mandatory rules of the User's place of residence remains unaffected. All disputes arising from, or relating to the Conditions of use or any non-contractual obligation deriving from them or relating to them, will be devolved exclusively by the FORO DI BELLUNO (BL).

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14 PROTECTION OF PERSONAL DATA AND PRIVACY

14.1 Before uploading or providing personal data on the Site, please carefully read this BIOARTECH SPORT privacy policy regarding the protection of personal data.

14.2 In accordance with Italian law with Legislative Decree 30 June 2003, n. 196, and subsequent amendments, relating to data protection, the user of the site has the right of access and rectification to the nominative data that the  concern in addition to the right to object to their use by specifying it: via email to bioartech.business@gmail.com or by post to BIOARTECH SPORT - VIA DEL BOSCON 175 - 32100 BELLUNO.

14.3 During the creation of the "customer account" on the site, the user will have the possibility to choose whether he wishes to receive offers from the Seller. At the time of creating the related "customer account", BIOARTECH SPORT can collect the following data: the URL links through which the user has access to the Site, the Internet service provider used, the Internet protocol (IP) address of the user.

14.4 Under no circumstances does BIOARTECH SPORT collect personal information about the user, except for the purpose of providing the services offered and proposed on the Site. The user provides such information with full knowledge of the facts, in particular when entering personal information in the forms: in these cases the user is required to accept or refuse to provide their personal information. All data collected by BIOARTECH SPORT, if stored, are transferred to a server located in the EU.

14.5 No personal data concerning the user of the site www.bioartech.com without the knowledge of the interested party will be  published,   exchanged, transferred, assigned or sold to third parties . Only the transfer of the company BIOARTECH SPORT and its rights will allow the transmission of such information to the buyer who, in turn, will be bound by the same clauses for the storage and modification of the user's data on the website www.bioartech.com .

14.6 The databases are protected, guaranteed, and encrypted with devices compliant with the law in force and all subsequent amendments.

14.7 BIOARTECH SPORT reserves the right to use i  data provided by the user in the following ways:

–_Cc781905-5cde-3194-bb3b-136bad5cf58d_ provide you with the information, products or services that you request from us;

- ensure that the content of this website is presented in the most effective way for the user and for the user's computer (including smartphones and other electronic devices);

- carry out our obligations deriving from any contracts entered into between us and the user;

- notify the user of changes to our services;

- communicate commercial, promotional and advertising initiatives.

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