Conditions of Sale   Home

Vendor Identification

The website www.bprnutrition.it is owned by MAME srl, with registered office in Via della Scienza, 24 41122 Modena, Italy.

Article 1 - Application of General Terms and Conditions

These General Terms and Conditions of Sale apply exclusively to B2C relations, i.e. sales to VAT holders requiring invoice issuance are excluded. Confirmation of the order implies the Buyer's acceptance of these General Terms and Conditions.

MAME srl reserves the right to amend these General Terms and Conditions of Sale at any time by publishing a new version on this website. The applicable General Terms and Conditions of Sale are those published on this website at the time the order is placed. We therefore recommend that you periodically review these General Terms and Conditions of Sale as they may be modified over time, also as a result of regulatory changes.

Article 2 - Product Presentation

The products on sale are described and presented as accurately as possible. Nevertheless, in the event of errors or omissions in such presentation, given also the continuous changes in labelling regulations, MAME srl declines any responsibility, for this reason and for the safety of consumers: Customers purchasing products are invited to carefully read the labels of the products received. Please also note that product images are purely indicative and illustrative; the packaging may vary without affecting the properties of the product.
The purchaser is invited to check the correspondence with the information given online before opening the package; if he/she finds any discrepancies, he/she should contact Customer Service without delay.

Article 3 - Product prices and offers

Prices are presented in the current currency of the Italian state. In the event of changes in VAT rates, such changes may affect the final price of items without the need to notify the purchaser.
MAME srl reserves the right to change its prices at any time; however, products will be sold at the price in force at the time of order confirmation. The items shown on the site are available while stocks last.

Product availability refers to the actual availability at the time the Purchaser places the order. Therefore, it is to be considered purely indicative since, given the simultaneous presence of several users on the site, the products chosen may be sold and/or reserved to other Customers before the order is confirmed.
Should a product prove to be out of stock after purchase, in the case of payment in advance, MAME srl undertakes to offer a purchase voucher or to reimburse the Buyer within 15 days.

Article 4 - Free products

The free gifts included in the order are subject to availability and Mame srl is not obliged to include them. For free products, there is no possibility to request an exchange.

Article 5 - Non-EU Countries - Customs Taxes and Relevant Documentation

Prices for non-EU countries are quoted exclusive of VAT. Shipments to non-EU countries may be subject to possible taxes or customs duties that do not depend on the will of MAME srl, but on external entities.
In addition, we remind you that any duties/taxes and/or documentation required in connection with the delivery of a shipment are to be borne entirely by the Buyer, since he is considered an official importer, with consequent acceptance of the laws and regulations in force in the importing country (the country in which you will receive the goods). MAME srl is not obliged to verify customs duties, nor applicable taxes, nor any documentation that may be required.
Customs reserves the right to inspect parcels without notice or prior notification to the sender and/or consignee.

Article 6 - Order Confirmation and Discount Codes

The Buyer validates the order via the instructions presented on the shopping cart page. Validation of the order implies acceptance by the Buyer of these general terms and conditions of sale. After confirmation of the order, the Buyer will receive a confirmation e-mail at the e-mail address indicated with the summary of the order and the shipping and invoicing data. During the purchase process, the Buyer will have the opportunity to enter any active discount codes, received by e-mail or displayed through our social networks, into the shopping cart to obtain further discounts.

Article 7 - Deliveries

The order processing time is not binding for MAME SRL but absolutely indicative. Each package shipped will be delivered by express courier to the address indicated by the purchaser. It is therefore essential to take care to fill in the shipping form exactly, entering the recipient's data unambiguously. Deliveries take place from Monday to Friday, generally from 9 a.m. to 6 p.m. It is the Buyer's obligation to indicate a delivery address and a consignee of the shipment who can always be reached during the above-mentioned time slot.

Only for Italy address delivery: The express courier appointed by Mame srl for the shipment of the goods will make two delivery attempts. Once these two attempts have been made and in the event that the consignee is not available at the time of delivery ("absent consignee"), the Buyer is informed that he may be charged a storage fee of €10.00 for each day of storage.

For International address delivery: The express courier appointed by Mame srl for the shipment of the goods will make only one delivery attempt. Once that attempt have been made and in the event that the consignee is not available at the time of delivery ("absent consignee"), the Buyer is informed that he may be charged a storage fee of €15.00 for each day of storage.

The Invoice must be requested at the same time as the order by ticking the appropriate box during the purchase process and will be available in the Buyer's tax drawer (for Italian customers), for international customers the invoice will be sent by email. For the protection of the consumer, as prescribed by Art. 63 of the Italian Consumer Code, as amended by Italian Legislative Decree 21/2014, please note that in contracts which place the obligation to dispatch the goods on the professional, the risk of loss of or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only at the moment in which the latter, or a third party designated by him and different from the carrier, materially takes possession of the goods.
Mame srl does not guarantee delivery times as they are variable depending on the destination of the shipments, the general situation in the transport/logistics sector and other conditions beyond the will or direct control of Mame srl.

Generally, except in the case of delays not attributable to MAME srl itself, to which reference should be made in art. 9 of the present General Terms and Conditions of Sale, or during the periods of business closure indicated on the main page of the website www.bprnutrition.it, orders are processed within 1-2 working days from the time the order is confirmed. There may, however, be cases in which the indicated processing time is delayed by a few hours due to technical/logistical requirements.

Article 8 - Force Majeure

Mame srl shall not be liable in any way for failures or delays in the performance of any of its contractual obligations caused by events beyond its reasonable control ("Force Majeure Events"). Events of Force Majeure shall mean any act, event, failure to occur, omission or incident beyond reasonable control; this expression includes but is not limited to the following:

• Strikes, lockouts or other labour unrest.
• Riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared and undeclared), or threats of war.
• Fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics or other natural disasters.
• Inability to use railways, shipping by sea, air, motor transport or other means of public or private transport.
• Inability to use public or private telecommunications networks.
• Acts, decrees, laws, regulations or restrictions of any government.
• Any strike, disaster or accident at sea, in the post office or other relevant means of transport.

It is understood that the performance of the contractual obligations will remain suspended for the duration of the Force Majeure Events. The company Mame srl will be granted an extension for the execution equal to the duration of this period.

Article 9 - Liability

On all the stages of access to the site, consultation, filling in the forms, execution of the order, delivery of the articles or any other service, Mame srl assumes exclusively an intermediation obligation. Therefore, Mame srl declines any responsibility for any inconvenience or damage deriving from the use of the Internet network and totally unrelated to the obligations and precautions taken by Mame srl and cannot be held responsible for any errors on the website www.bprnutrition.it. In particular, all unforeseen events related to the provision of the service, external intrusions or the presence of computer viruses shall not be attributable to Mame srl. Furthermore, Mame srl. shall not be held responsible for any interruptions, delays or unavailability of the website due to maintenance works, Internet network interruptions, technical failures, force majeure, actions of third parties or other circumstances of any kind.

Article 10 - Garanzia legale di conformità

The provisions of this article apply exclusively to Clients who have the status of consumer according to art. 3, 1st paragraph, letter a) of the Consumer Code.
Mame srl undertakes to sell to the Buyer its own products marketed in compliance with the purchase order transmitted by the latter, it being understood that there is no conformity defect if at the time of receipt by the Buyer of the order confirmation, the Buyer was aware of such defect or could not ignore it using ordinary diligence or if the conformity defect derives from instructions or materials supplied by the Buyer.

In case of conformity defects found in the products purchased on the website www.bprnutrition.it sold by Mame srl, the Buyer must immediately contact in writing - and in any case within 8 days from receipt - the Customer Service in the manner indicated in Article 11, in order to report the conformity defect found, providing the Customer Service with documentary evidence (including photographic evidence) of the conformity defect found.
Mame srl, in compliance with legal and warranty obligations, will proceed with the verification of the truthfulness of the Buyer's declarations. Once the defect has been ascertained, the Buyer has the right, at his/her choice and within the limits of what is provided for by the Consumer Code, to have the conformity of the Products restored, free of charge, by means of repair or replacement, or to an adequate reduction of the price.

It is also acknowledged to the Buyer, as an alternative to the remedies described herein, the right to ask the Seller to issue a voucher of an amount equal to that of the purchased non-conforming Products and of the validity that the Customer can use for subsequent orders made through the website of www.bprnutrition.it. To this end, when contacting Mame srl, also by email, the Client must absolutely indicate, in addition to the full address, the order number, the date of the order, the method of payment, its date, and one of the following reasons for the dispute, that is: product not conforming to what was ordered; damaged product; other causes. The products marketed by Mame srl are covered by the legal warranty until the expiry date indicated on the packaging if used and stored in accordance with the instructions on the relevant labels; it is understood that the Buyer shall forfeit his rights under this Article if he does not report the conformity defect to the Seller within 15 days from its receipt.

The Purchaser may assert its rights regarding the legal guarantee by directly contacting Mame srl by sending an email to info@bprnutrition.it or by sending a registered letter to the address Mame srl, Via della Scienza 24, 41122 Modena, or by any other durable and traceable means.

Article 11 - Right of Withdrawal, Refunds and Exclusions

Art. 52 et seq. of Legislative Decree 206/2005 (Consumer Code).

Right of withdrawal

The Purchaser has the right to withdraw from the contract, without stating reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the consignee of the shipment or a third party, other than the carrier and designated by the Purchaser, obtains physical possession of the goods. In order to exercise the right of withdrawal, the Buyer must inform Mame srl of its decision to withdraw from the present contract by means of an explicit declaration sent or by registered letter with return receipt, where the postmark will be used as proof of the expiration of the terms (14 days), with letterhead to:

MAME srl
Via della Scienza, 24
41122 Modena (IT)
VAT and VAT FISCAL CODE : 03084300361
info@bprnutrition.it

The communication must specify the items you intend to return and whether you want a replacement or a refund. Following receipt of the request for withdrawal, Mame srl will send confirmation of receipt of the request; this confirmation may also be sent by e-mail.
The Right of Withdrawal does not apply to users purchasing as B2B and/or VAT-registered users and requiring the issue of an invoice.

Refunds

Should the Buyer wish to avail himself of the right of withdrawal, all payments he has made in favour of Mame srl will be reimbursed, excluding shipping costs if these have been charged at the conclusion of the order, including any additional costs deriving from particular non-standard delivery requests, without undue delay and in any case no later than 15 days from the day on which Mame srl was informed of the decision to withdraw from this contract.
Such refunds shall be made using the same means of payment as were used by the Purchaser for the initial transaction, unless the parties agree on other means of reimbursement; in any event, the Purchaser shall not incur any costs as a consequence of such reimbursement.
The refund will only be made upon receipt of the returned goods by Mame srl.

The Purchaser who has received the goods subject to the contract is requested to return the goods subject to the right of withdrawal from the contract to:

MAME srl
Via della Scienza, 24
41122 Modena (IT)

without undue delay and in any event within 14 days from the day on which he communicated his withdrawal from this contract to us. The deadline is met if the Purchaser returns the goods before expiry of the 14-day period. The return of the goods shall necessarily take place by means of a traceable shipment.
The direct cost of returning the goods will be fully borne by the Buyer. Mame srl shall not be liable for any decrease in the value of the goods resulting from any handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods purchased.

Exclusions

According to Article 59 of the Consumer Code (Legislative Decree No 206 of 6 September 2005), withdrawal is excluded for the following items:

• made-to-measure, customised goods
• assets that are in danger of deteriorating or expiring rapidly

According to Art. 47 of the Consumer Code (as amended by Art. 1, c. 1, Legislative Decree No. 21 of 21 February 2014, with effect from 13 June 2014.), withdrawal is also excluded for the following articles:

• free products

Without prejudice to what is set forth in the previous paragraph, with reference to the cases of exclusion of the right of withdrawal listed above, the Buyer, in particular, is informed and accepts that the products that "risk deteriorating or expiring rapidly" include all food products, food supplements and dietary products, as the characteristics and qualities of these types of products are subject to alteration also as a consequence of an inappropriate preservation on the part of the Buyer and not controllable by Mame srl. Therefore, for hygienic and consumer protection reasons, the right of withdrawal is applicable only to the purchased products that can be returned to Mame srl, undamaged in their respective seal and put back on the market without any danger for the consumers' health (i.e. non-food products).

Article 12 - Intellectual Property

All elements of the BPR NUTRITION site, whether visual or auditory, including the technology that supports them, are protected by copyrights, trademarks or patents.
The user acknowledges and accepts that all copyrights, trademarks and any other intellectual property rights in the materials and contents of the site are the exclusive property of MAME srl and that it does not grant any license to use them with the purchase of the products.
All hypertext links referring to the BPR NUTRITION site and using any technology or other direct linking techniques are strictly and formally prohibited.

Article 13 - Data Collection

MAME srl, in order to carry out its services, reserves the right to collect data regarding the users of the site. Furthermore, Mame srl undertakes not to transfer the data for commercial purposes to companies which are not directly connected to Mame srl for the performance of sales/management/shipping or marketing services.
In any case, and in accordance with the law, all users or customers of the site may at any time object to the commercial use of their data and also avail themselves of the right to access, rectify and delete their personal data, except for invoicing documents that must be kept for a period established by Italian law.

Article 14 - Applicable law - Dispute

The Parties agree that these general terms and conditions are subject to Italian law. The language to be considered for this contract is Italian.
In the event of a dispute, the parties undertake to seek an amicable solution before taking any legal action.
Any disputes arising from or relating to the use of the BPRNUTRITION Site owned by Mame srl are subject to the exclusive jurisdiction of the Judge of the place of the registered office of Mame srl (Modena).

Article 15 - Mediation in Consumer Code Disputes

Legislative Decree No. 130 of 6 August 2015, transposing Directive 2013/11/EU of the European Parliament of 21 May 2013 on the out-of-court settlement of disputes under the Consumer Code, allows the Purchaser the possibility of turning to the mediation tool to facilitate the amicable settlement of disputes in the case of a sale made by Mame srl through the website www.bprnutrition.it.

Furthermore, Article 14(2) of EU Reg. 524/13 provides that: "Traders established in the Union, operating by means of online sales or service contracts, who have committed or are required to use one or more ADR entities for the resolution of disputes with consumers, shall inform consumers about the existence of the ODR platform and the possibility of using the ODR platform to resolve their disputes. They shall provide an electronic link to the ODR platform on their websites'.

Therefore, for any dispute that has not been settled directly with Mame srl, the Buyer is informed that he/she can have free recourse to the mediation service, established by the European Commission, through the European online dispute resolution platform. Website address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
In order to make use of the aforementioned mediation service, the Purchaser must have already attempted to resolve the dispute directly with Mame Ltd. by means of a written complaint or have filed a complaint according to the terms of the purchase agreement.