General Conditions of Sale of the Bioimis Nutritional Program and General Conditions of Use of the Site
The present general conditions (hereinafter the "General Conditions") regulate the sale of the "Bioimis Nutritional Program" (hereinafter also the "Service") to Clients as well as the use of the Site by the Users.
Unless otherwise established, the following terms have the following meanings when used in the General Conditions.
Client: the User that, by accessing the Site, purchases one of the Services.
Service: the Bioimis Nutritional Program developed by Edel Allian Gmbh, the corporation under Austrian legislation, which has exclusively been granted to the Company except for on Italian territory.
Company: Bioworld S.r.l., headquarters at Via Macello, #45 - 35013- Cittadella (PD), Italy, VAT number 04855120285, National Register of Buildings and Dwellings (RBD) REA 423824, licensee of Bioimis Nutritional Program, providing the Service.
Site: the online platform available on the site "www.bioimis.com" and other sites with the same name at second level domain but different top level domain (fr., .de., etc...; hereinafter collectively referred to as the Site), excluding the domain .it.
User: anyone accessing the Site.
2. Acceptance of the General Conditions
To browse the Site and/or purchase the Service please note that you must agree to the General Conditions. If you do not agree even with only one of the clauses in the General Conditions, you cannot access the Service. Therefore we encourage you to immediately stop the navigation on our Site.
By browsing the Site or by purchasing one of the Services, the Client/User accepts the General Conditions.
The Company reserves the right to modify the General Conditions at any time; the changes will be effective upon publication on the Site, except for orders placed before changes, which will continue to apply those in force at the time when the contract was made.
In any case, we invite you to periodically verify any possible amendments to the General Conditions.
3. The Bioimis Method
The Bioimis Nutritional Program is exclusively a Coaching for a personalized nutrition based on dietary advice of common food, easily available in any store or supermarket, and can be used to improve one's own physical shape, therefore also suitable in order to lose weight.
The Bioimis Nutritional Program does not cure any pathologies or disorders and any result in terms of health obtained and reported by third parties does not constitute a guarantee on the actual result nor does it represent the norm.
Timing and amount of weight loss vary from person to person based on the initial weight, the individual metabolism, lifestyle, exercise and proper nutrition.
The possible non-reproducibility of the results obtained from third parties must be taken into account.
4. Description of the Service
The Service consists of the following:
1.A program of online Coaching with dietary advice based on the Bioimis Program to improve one's own physical shape. For this purpose, the Company will create a personal area within the Site where the Client can receive dietary advice and all other information necessary for the provision of the Service;
2.Lots of social tools, such as blogs, discussion forums and chats to interact with the community of our Clients and Users and explore topics related to the Bioimis Nutritional Program.
3.The opportunity to ask questions to our Staff and/or to the Nutritional Biologists of the Bioimis Program through messages (Tickets) or by telephone (only in countries where such service is active);
4.Access to the "Bioimis Nutritional Program" Quick Guides, available online within the Site, in the designated area;
5.Ideal Fit Plan Recipe Book;
6.Forever Fit Plan Recipe Book.
To access the Service, the User will first have to answer some questions specifically created by our team of Nutritional Biologists.
Based on the information provided, the User will be able to access a reserved area called Freemium.
In Freemium area, there will be indicated in details how to purchase the Bioimis Nutritional Program and its price.
5. Conclusion of the contract
The contract for the purchase of the Bioimis Nutritional Program is intended to be concluded upon the Company's acceptance of the order placed by the Client.
For the purposes of the filling in and the subsequent shipment of the order, the Client must follow the appropriate wizard available on the Site; before sending the order we invite the Client to verify that all required fields have been successfully completed; in case of errors the Client will be able to fix and modify the fields.
At the time of acceptance and before the beginning of the Service supply, the Company will send a confirmation email with a copy of the order and its general conditions, as well as the summary of all essential information on the service purchased, the duration of the contract, the price, the methods of payment, termination and applicable taxes.
A copy of the order and its general conditions will be preserved by Bioworld S.r.l. in their electronic archive for the full duration of the contract; the Client can request a copy of these documents at any time, by writing to: firstname.lastname@example.org.
6. Types of program
The Bioimis Nutritional Program is based on nutritional advice made up of only natural food. All rules and principles of the Bioimis Program are described in detail in Quick Guides which will be made available throughout the Service; please read these Guides carefully before starting the Program.
The Bioimis Nutritional Program involves two Plans: Ideal Fit Plan and Forever Fit Plan.
Ideal Fit Plan
Ideal Fit Plan is used to better one's own physical shape, therefore suitable for losing weight, too.
Thanks to a balanced nutrition and dietary advice related to only common and natural food customized on the data and feelings daily communicated, losing weight in a natural and healthy way is possible.
Ideal Fit Plan has two modes: Ideal Fit Plan Fast and Ideal Fit Plan Soft.
Ideal Fit Plan Fast is the original formula and it normally determines faster weight loss.
The above mentioned plan promotes single-food consumption, along with some food items (such as pasta, rice, vegetables, white meat, red meat, eggs, fish, fresh and dried fruit) which are normally eaten for lunch or dinner, but here proposed for breakfast.
Ideal Fit Plan Soft Mode is by contrast the ideal program for whoever prefers a slower and less intense weight-loss and for those who want to detoxify while learning in the successive stages how to ensure a healthy and natural diet in the future.
The above mentioned plan suggests food combinations for each meal and breakfasts that are more similar to a traditional Italian breakfast.
Forever Fit Plan
Forever Fit Plan represents the real Bioimis secret and it is dedicated to whoever is interested in learning how one's own body reacts to each single food item or food combination. This plan will teach you how to keep the weight and shape achieved while enjoying eating.
Forever Fit Plan allows to create your own menus with breakfasts, lunches, and dinners made of food combinations.
Forever Fit Plan is made up of 4 Stages: 1st Keep Fit, 2nd Test, 3rd Free Meal, 4th Check Up.
There are no maximum quantities to be respected and all cooking methods are permitted along with the free use of extra virgin olive oil.
Any food replacement the Client implements to the food recommended by the Company's Staff could negatively impact on the nutritional program.
The Company reserves the right to modify their Services at any time to improve their quality or to add new features or tools.
7. Personal requirements to have access to the Bioimis Nutritional Progam
The use of the Bioimis Nutritional Program is reserved to people in good physical and psychological health conditions.
PEOPLE SUFFERING FROM THE FOLLOWING CANNOT REGISTER AND FOLLOW THE BIOIMIS NUTRITIONAL PROGRAM:
a)People who, for any reason, have to follow a specific diet.
b)People who have, or have had, any kidney problems or who do not have a normal renal function.
c)People with ongoing cancer and/or receiving chemotherapy or radiation therapy currently in progress or in the last 18 months.
d)People with diabetes mellitus in injection therapy (insulin or incretin analogues).
e)People with severe heart failure (NYHA class III and IV).
f)People suffering from inflammatory chronic bowel diseases IN ACUTE PHASE or other gastrointestinal diseases, at any stage, requiring specific dietary measures or who may be adversely affected by ANY change in their current diet.
g)Pregnant or breastfeeding women.
h)People with eating disorders (anorexia, bulimia) or with mental disorders that may be adversely affected by the need to regularly check their weight and measures or having to meet dietary recommendations.
i)Individuals following a vegan diet.
j)People under 15 years of age (please remember that for people under 18 years of age, the purchase of the program and its registration will be carried out by a parent or the legal guardian).
k)People over 80 years of age.
The Client who agrees to use the Website and Service under his/her sole responsibility.
Before participating in the Bioimis Program, more so in case of doubt on the conditions listed above, or more generally on the compatibility of the program and your health condition, the Client is advised to consult his/her doctor and, if considered necessary, undergo all the blood tests, instrumental and/or specialist visits useful to determine the appropriate state of mental and physical health.
8. Service Use
Regardless of the food recommended, the Client must not consume meals containing food that he/she detected as unwelcome for any cause.
In the "FOOD LIST" that you will be proposed we remind you that you can filter, therefore delete, a maximum of three food items you do not like, in addition to the egg and shellfish categories.
In case you want to remove more than three food items among the ones on the food list, the Client will not be authorised to access the Program.
Please be informed that for menopausal women and patients with hypothyroidism results by any nutritional program finalized to weight loss or weight control may be below expectations.
In any case, before sending the order to use the Service, it is the sole responsibility of each potential Client to previously check with his/her doctor the existence of any food allergies or other health conditions or pathological conditions that may discourage the beginning of the Program.
The Client exempts the Company from any liability for the results obtained and his/her health condition, which will be monitored by his/her doctor.
9. Information submitted by and to the Customer/User
The Company does not carry out medical activity nor prescribes diets, rather it offers nutritional advice for an innovative nutrition that may bring benefits in terms of weight and general well-being, therefore the same can never be held responsible for the Clients' health nor for the results Clients intend to obtain.
The Company is not a medical organisation and its staff cannot provide medical or diagnostic advice.
Nothing contained and/or available through this Site should be construed as medical or diagnostic advice. The information provided through the Site should not be construed and/or considered as a substitute for medical advice, for a qualified nutritionist or for nutritional treatment.
Before beginning with any nutritional journey or program aimed at losing weight, it is necessary to ask for a doctor's or nutritionist's advice.
The Client is also aware that the Service is provided by taking into account the body size, weight and other information provided periodically by the contractor.
The Client, therefore, is committed to collect and properly communicate his/her measurements, other information and/or data requested by the Company with truthfulness and completeness, by following the procedures published on the Site.
10. Clients' Statements and Warranties
The Client states and guarantees:
his/her psycho-physical suitability to participate in the Bioimis Nutritional Program, after having consulted his/her doctor;
that the information requested and communicated from time to time to the Company at the beginning of and during the course of the Bioimis Nutritional Program are complete and conform with the truth;
to read in detail Quick Guides, emails, notices, beside the documentation included in the Service before starting the Program and during the execution of the same.
Services are only accessible upon acceptance and payment of a variable amount for each user depending on, among other things, his/her profile, his/her objectives and the duration of the program. The price, the payment method and duration of Services are those specified in the Client's order.
The fee payable by the Client for the distribution of the Service shall be paid to the Company in equal monthly instalments
It is the exclusive discretion of the Company to provide the Client with different methods of payment, it being in any case understood that in case of withdrawal besides the cases established in article 12 (right of withdrawal), as well as dropping out from the Bioimis Nutritional Program for any reason, the Client will still be required to pay the total amount specified in the order, or, in case he/she has already paid, he/she will not be entitled to a refund of the amount paid.
The Company reserves the right at any time, without having to communicate the reason to the Users/Clients, to change the prices of their services, knowing that the price of orders already accepted will remain unchanged.
12. Right of withdrawal
To the exception specified in article 13 (restrictions on the right of withdrawal) below, the Client has the right to terminate the contract with the Company for the purchase of the Bioimis Nutritional Program, without giving any reason and without penalty, within 14 working days from the conclusion of the contract.
To exercise the right of withdrawal, the Client must send the Company a notice by registered mail before the expiration of the 14-day period, to the following address: Bioworld S.r.l., 35013 - Cittadella (PD) Italy, via Macello #45.
The above mentioned notice of withdrawal must allow identification of the contract to which it relates. Therefore, we invite the Client to provide the following information: full name, phone number, e-mail address used at time of registration and purchase and the purchase code received in the Service activation email. The shipping costs of the letter at the Client's expense. The notice of withdrawal may also be sent, within 14 working days from the conclusion of the contract, by telegram or e-mail to the following address email@example.com; in this case the cancellation must be confirmed by registered mail with return receipt within the following 48 hours. In all cases, to abide by the terms, the day considered is the day of delivery of the registered letter at the post office.
Following the exercise of withdrawal, the Client is entitled to a refund of all amounts paid within 14 days from the day on which the Company has been informed of the decision to terminate the contract.
These refunds will be made by using the same payment method used for the initial transaction, unless it is expressly agreed otherwise; in any case, there will not be any fee as a result of such reimbursement.
13. Restrictions on the right of withdrawal
The Client acknowledges that when he/she activates the Service, the performance will be carried out in its entirety by Bioworld S.r.l.; therefore, with the Service activation the right of withdrawal pursuant to article 12 (right of withdrawal) cannot be exercised by the Client any longer.
14. Limitations of use and social tools
The Client is aware that the Service provided is personal as fulfilling the role of consumer. Therefore, the use of the Service by the Client for commercial purposes is expressly forbidden, even though not in direct competition with Bioworld S.r.l.
The Service integrates social tools (blogs, chats, forums, success stories, etc...) which allow the Client to share his/her experience with our community of Users, posting messages, sending photos, etc.. The Client acknowledges that the use of these tools is done under his/her direct responsibility without any prior checking by the Company.
In any case, the Client hereby agrees not to use these tools to publish or disseminate:
defamatory material, pornographic material, or otherwise prohibited by legal order because contrary to mandatory rules, public order or morality;
material in violation of the privacy rights of third parties (for example, publishing pictures or texts related to other people without having first obtained their consent for publication).
The Company does not exercise any form of prior control on messages and comments posted by means of social tools; however, Users are invited promptly to notify the Company of any violation of their rights or of the General Conditions at: firstname.lastname@example.org.
The Company will be, in any case, free to remove without any notice any content posted by Users at its sole discretion if they violate - or simply there is a reasonable doubt of violation of - the law, the General Conditions or the rights of third parties.
The User acknowledges that the contents posted by other Users through the social tools available on the Site are personally published and do not represent in any way the position of Bioworld S.r.l.
It is therefore understood that, in any case, Bioworld S.r.l. cannot be held responsible for personal information conveyed by Users using social tools.
The User's comments or messages may also contain ideas or tips for improving the Site and/or the Service; the Company is free to use it or not, having understood that nothing will be due to the User in case of exploitation in any form of his/her messages.
The Client will indemnify and hold Bioworld S.r.l. harmless against all damages, penalties, complaints, claims, expenses (including legal), in case Bioworld S.r.l. incurs in costs because of the violation of rights of third parties caused by the Client through the use of the Service and/or Site.
16. Liability limitations and warnings for Site Users
The Service is provided without any guarantee on the achievement of specific results or objectives expected by Clients through the activation of the Program, with particular regard to weight loss.
The success stories contained in the Site, as well as on any other advertising channel, refer to the individuals presented and are not a guarantee on the outcome, nor are they the norm. Timing and the amount of weight loss vary from person to person based on the initial weight, the individual metabolism, lifestyle, exercise and proper nutrition. Therefore account should be taken of the possible non-reproducibility of the results mentioned.
Bioworld S.r.l. takes care of the accuracy of the information and of the business communication published and made available on its Website or through the Service; this information, however, has the purpose to raise awareness of the Bioimis Nutritional Program and its operation; for this reason, the User/Client acknowledges that on the basis of such information he/she shall not in any way make decisions on his/her own health, for instance formulating diagnosis or taking medications or food supplements without first checking with a doctor.
Having understood what is expected by the previous Articles 7, 8 and 9, the Client/User is aware that some of the recommendations or nutritional advice, which is spread through the Site with purpose to improve knowledge of the Bioimis Program, could become ineffective or harmful in case of particular health conditions. Any doubts should be resolved only with one's own doctor. Therefore, if the User/Client decides to begin the Bioimis Nutritional Program or simply use the information on the Site, he/she shall be solely responsible for his/her health condition, with the result that Bioworld S.r.l. can never be held responsible for any direct or indirect damages associated with the use of the Service and/or Site.
17. The Operation of the Site
The Company will do everything reasonably in its power to ensure the continuity of its service and full accessibility of the Site. However, due to the operational mechanism of the Internet, the Company cannot guarantee a 24/7, all year round operation and accessibility of the Site.
In particular, the Company shall not be held liable to the Client for the interruption of Service due to the unavailability of the Site for all the times when causes are placed outside the Company's sphere of control, for example: telephone or network/line electric malfunctioning, voltage drops, fire, strikes, natural disasters, etc.
The Company may periodically submit the Site to maintenance in order to correct errors, to add new features or improve User experience; in these cases, the Company shall notify the intervention with a notice of at least 24 hours, having understood that nothing will be given to the Client as compensation and reimbursement for the period in which the Site will remain inaccessible during the maintenance.
The Company applies appropriate security measures to guarantee its Users a safe navigation within the Site; nevertheless, ensuring 100% security, as well as the absence of bugs or programming errors, is not feasible. For this reason, the Company will not be liable for any damage experienced by Users due to bugs, cyber attacks, theft and data loss, damage to Users' equipment or any other harmful events connected with the Site security, except in cases where this occurs with intent and/or deep negligence by the Company.
18. Intellectual property
The User acknowledges that the content of the Site and/or Services is the exclusive property of Bioworld S.r.l. or its licensors and it is protected by applicable rules on intellectual property, trademarks, licenses, know-how and all other provisions of applicable law; such content may include, by way of example, logos, trademarks, sounds, music, videos, photographs, texts, softwares, know-hows, commercial information, etc.
Therefore, it is expressly forbidden for Users to copy, reproduce, communicate, distribute, create derivative works, perform reverse engineering activities or use the content of the Site and/or Service in any other way, without first obtaining the written consent of the Company.
Unless otherwise provided in the General Conditions, the User must send any notice pursuant to the General Conditions, including any claims to the following address: Bioworld S.r.l., with headquarters at Via Macello, 45, Zip code 35013, Cittadella (PD), Italy, e-mail: email@example.com.
Notices sent to other addresses will be considered void.
Except for the specific legislation of mandatory nature, for the purposes of these General Conditions, the Client/User agrees to receive electronic communications from the Company and to acknowledge that all contracts, notifications, information and other communications provided electronically by the Company meet the requirement of written form, when required by law.
20. Miscellaneous Regulations
The Company reserves the right to modify the Site, policies and these General Conditions at any time to offer new products or services or to comply with laws or regulations.
The Client/User will be periodically subject to the policies and the General Conditions terms in force at the time of usage of the Site and/or when the order is submitted.
If any part of these General Conditions will be considered invalid, void or for any reason unenforceable, that condition will not affect, in any case, the validity and effectiveness of other provisions.
21. Applicable Regulation and Court of Jurisdiction
The following General Conditions are subject to the Italian Law.
For any dispute arising in regards of the interpretation, execution and/or termination of these General Conditions, the exclusive competence is retained by the Court of Jurisdiction in Padua (Italy).
For the purposes of article 22 "the Person concerned" refers to the User and/or the Client.
Under Article 13 of Legislative Decree no. 196/2003, we inform the person concerned that the personal data, provided through the placing of the order or in the process of executing the Contract, will be collected and treated in the manner and for the purposes set out below.
Data processing covers the following personal information:
personal details (full name, gender, address, email address, telephone number) communicated at the time of the order;
body measurements, weight and food consumed, communicated during execution of the contract through the designated Site functions or our Call Center;
blood tests, by making the person concerned anonymous and used only for statistical and scientific research;
personal information voluntarily disclosed by the person concerned, through the use of the social tools on the Site;
personal information voluntarily provided by the person concerned through questions asked to the Company's Staff and nutritional biologists via the appropriate functions of the Site or via the Company's Call Centre.
B)Purpose of data processing and methods of data processing
The data processing to which personal data will be submitted has the following purposes:
distribution of the Service requested by the interested party;
administrative or fiscal fulfillment;
fulfillment of legal obligations;
information of commercial nature.
C) Data disclosure
The data may be disclosed:
to public and private parties that can access data in accordance with legal provisions or regulations within the limits indicated by law;
consultants or associates appointed by the Company to process data for the above mentioned purposes;
to entities engaged in auxiliary or instrumental activities complying with the above mentioned purposes (for example those responsible for maintenance of electronic means, such as computers);
to the Company's business partners for information spread of commercial nature.
D)Subjects to whom the data may be disclosed
Beside the subjects above mentioned, all other subjects referred to from time to time and indicated as in charge of or appointed for the data processing may be disclosed to the data.
E)Social tools - Success Stories and pictures
By sharing his/her success story and/or his/her pictures through the Site, the interested party authorises, expressly and free of charge, the Company Bioworld S.r.l., headquarters at Via Macello 45, ZIP Code 35013, Cittadella (PD), Italy, VAT number 04855120285, National Register of Buildings and Dwellings (RBD) REA 423824 (including its partners and its subsidiaries):
1.to archive, also by means of a database, spread and reproduce such success story and/or photos through the Site or any other means of communication, including all electronic media and information technology, and exploit the above mentioned success story and/or photos for purpose of commercial nature through any means of communication;
2.to make any type of cuts, fittings, extractions, and more generally, any type of adaptation (such as, for example, the insertion of a commercial logo, decoration of the images, their adaptation, their blur, etc.) to the success stories and/or photos received, that Bioworld S.r.l. could consider necessary for the proper use of the same.
The Service User also renounces, except for abuse exhibits or other justified reasons, to oppose without legitimate and justified reason to the use of his/her success story and his/her photos, as modified, by Bioworld S.r.l. The authorisation thus granted is valid without geographical limits for a period of 20 years from the date of publication of the success story or photos.
The person concerned cannot use the Social tools of the Site to post personal information (as only example and not limited to: photos, videos, success stories, etc.) related to a third party without first having obtained the consent and then having been adequately informed on the mode and purpose of the data processing in accordance with this disclosure.
The social tools cannot be used for publication/dissemination of sensitive data (for example, data disclosing individuals' health conditions or sexual lives) as for oneself as for third parties.
The holder of the data processing is Bioworld S.r.l., with headquarters at Via Macello, 45 - ZIP code 35013 - Cittadella (PD), Italy, VAT number 04855120285, National Register of Buildings and Dwellings (RBD) REA 423824, in the person of its legal representative.
The collected data will be stored only for the time necessary to achieve the purposes mentioned above, with regard to the protection of our rights or legitimate interests in any judgment or administrative procedure.
H)The interested party's rights
At any time the person concerned could exercise their rights under Article 7 of the Privacy Code:
1.The person concerned has the right to obtain confirmation of the existence or not of personal data concerning themselves, even if not yet registered, and their communication in intelligible form.
2.The person concerned has the right to obtain information on:
a)personal data sources;
b)data processing purposes and modes;
c)the logic applied in case of data processing carried out with the help of electronic means;
d)the identity of the holder, manager and the representatives appointed under article 5, paragraph 2;
e)the subjects or categories of people to whom the data may be communicated or disclosed for being appointed as representatives on behalf of the State, managers or agents.
3.The person concerned has the right to obtain:
a)the update, correction or, when interested, additions to the data;
b)the cancellation, anonymization or blocking of data processed unlawfully, including data that need not be kept for the purposes for which the data were collected or subsequently processed;
c)the certification that the operations in letters a) and b) have been notified, also as regards their contents, to all those whom the data were communicated or disclosed except where this proves impossible or involves the use of means disproportionate to the protected right.
4.The person concerned has the right to oppose, in full or in part:
a)for legitimate reasons to the processing of personal data, pertinent to collection purposes;
b)to the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market research or commercial communication.
For any questions or concerns about their privacy or to exercise their rights under article 7 of the Privacy Code, the person concerned can always contact the data controller by registered mail at Bioworld S.r.l., with headquarters at Via Macello, 45, ZIP Code 35013, Cittadella (PD), Italy or by e-mail (firstname.lastname@example.org).