Terms of service

Terms & Conditions & Right of Withdrawal

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Scope

1.1 These Terms & Conditions, in the version valid at the time of the order, govern all orders and deliveries and the associated purchase contracts concluded via the website www.blackfocusnutrition.com.

1.2 The “Buyer” is the natural or legal person who places the order. By placing an order, the Buyer declares that they are fully legally capable and that the personal data provided are correct.

1.3 The “Seller” is BLACK FOCUS d. Peer Manuel, Buchholzerstraße 29, 39040 Salurn (BZ), Italy, registered in the Bolzano commercial register with tax number PREMNL98A04A952M and VAT number 03126630213.

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Conclusion of Contract

2.1 The Buyer’s order constitutes a binding offer to conclude a purchase contract for the goods ordered (“Order”).

2.2 A purchase contract is concluded only upon the express acceptance of the order by BLACK FOCUS d. Peer Manuel via order confirmation email, or implicitly by delivery of the ordered goods.

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Prices

3.1 The prices displayed in the online shop at the time of ordering apply. BLACK FOCUS d. Peer Manuel reserves the right to change prices without prior notice.

3.2 Unless expressly agreed otherwise in writing, all prices include statutory VAT plus any applicable shipping and, where relevant (e.g. gift packs), packaging costs.

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Shipping Costs

4.1 Shipping costs are charged in accordance with our delivery terms.

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Delivery & Transfer of Risk

5.1 Unless agreed otherwise in writing, delivery takes place after receipt of full payment to the delivery address specified by the Buyer.

5.2 Any delivery dates or deadlines are non-binding unless expressly confirmed in writing by BLACK FOCUS d. Peer Manuel.

5.3 At BLACK FOCUS d. Peer Manuel’s discretion, delivery may be made in partial shipments.

5.4 If goods are wholly or partially unavailable, there is no obligation to deliver. In such cases, the Buyer will be notified and any payments already made will be refunded.

5.5 Risk passes to the Buyer as soon as the goods are handed over to the first carrier for shipment to the Buyer, including in the case of partial deliveries.

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Payment & Retention of Title

6.1 Payment of the full purchase price (including shipping and any packaging costs) is due upon order placement. Place of performance for payment is the Province of Bolzano, Italy.

6.2 Payment methods accepted:

• Credit Card

• PayPal

6.3 If payment is not made in full after order confirmation and BLACK FOCUS d. Peer Manuel nevertheless delivers the goods at its own discretion, title to the goods remains with BLACK FOCUS d. Peer Manuel until full payment is received.

6.4 If a third party seizes or otherwise encumbers the goods (e.g. insolvency proceedings), the Buyer must immediately notify BLACK FOCUS d. Peer Manuel of such intervention and assist in safeguarding its rights.

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Consumer Right of Withdrawal

7.1 Consumers (as defined by Italian Legislative Decree No. 206/2005) may withdraw from the contract within 10 working days of receipt of the goods, pursuant to Art. 64 et seq. of the Consumer Code. Withdrawal must be declared in writing by registered letter with return receipt to BLACK FOCUS d. Peer Manuel, or by telegram or email (info@blackfocusnutrition.com), provided that a registered-letter confirmation is sent within 48 hours.

7.2 Returned goods must be shipped at the Buyer’s expense within 10 days of withdrawal. Refund of the purchase price follows receipt and inspection of the returned goods.

7.3 Withdrawal is excluded if the goods are damaged, no longer in their original packaging, show signs of use, or are incomplete.

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Warranty & Liability

8.1 Product images may differ from the actual appearance of the delivered goods.

8.2 BLACK FOCUS d. Peer Manuel’s liability is limited to intent and gross negligence. There is no liability for failure to perform due to force majeure.

8.3 Obvious transport damage must be reported directly to the carrier by the Buyer.

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Data Protection

9.1 The Buyer acknowledges having taken note of BLACK FOCUS d. Peer Manuel’s privacy policy pursuant to Art. 13 of Italian Legislative Decree No. 196/2003, available in the online shop.

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Governing Law & Jurisdiction

10.1 These Terms & Conditions and all legal relationships between the parties are governed by the law of the Republic of Italy, excluding conflict-of-laws rules.

10.2 If the Buyer is not a consumer under consumer-protection law, the exclusive place of jurisdiction for all disputes arising from or in connection with contracts with BLACK FOCUS d. Peer Manuel is the Province of Bolzano, Italy.

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Final Provisions

11.1 Should individual provisions of these Terms & Conditions be or become invalid, the validity of the remaining provisions remains unaffected.

11.2 The Buyer may not assign claims against BLACK FOCUS d. Peer Manuel.

11.3 Amendments, additions or side agreements to these Terms & Conditions must be in writing.

11.4 The German version of these Terms & Conditions is authoritative.

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Online Dispute Resolution

For consumer disputes arising from this contract, BLACK FOCUS d. Peer Manuel participates in the alternative dispute-resolution procedure of the ADR body “Onlineschlichter.it” at Zwölfmalgreiner Str. 239, 39100 Bolzano (BZ), Tel. 0471-975597, Fax 0471-979914. Complaints can be filed via www.onlineschlichter.it or through the EU ODR platform at http://ec.europa.eu/odr. Email: info@onlineschlichter.it.