Terms of sale

The following conditions are valid from 10th June 2005. These general conditions can be updated or modified at any time by the Company which will communicate them through the appropriate communication channels to customers. The consumer undertakes and obliges, whenever there is a modification of these general conditions, to provide for their printing and storage.

1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
By “online” sales contract we mean the distance contract, that is the legal transaction concerning movable goods and / or services stipulated between a BIOTEC ITALIA UK supplier (hereinafter COMPANY), and a consumer and / or customer in the context of a remote sales system organized by the supplier who, for this contract, exclusively uses the remote communication technology called “internet”.

All contracts, therefore, will be concluded directly through access by the consumer and / or customer to the corresponding website where, following the indicated procedures, the contract for the purchase of the goods will be concluded.
The Company may at its discretion request a confirmation of the order placed from the consumer and / or customer. By consumer we mean any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to any business activity carried out.

2. SELLING PRICES AND TERMS OF PURCHASE
All selling prices of the products displayed and indicated on the website, for which they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are inclusive of I.V.A. (VAT) and all other taxes. The customer will be charged a contribution for shipping costs, clearly displayed before completing the order, variable in relation to the weight, size and destination (in Italy or abroad) of the order itself; as for the destination abroad, the consumer and / or customer will be responsible for verifying the additional costs relating to the country in which the delivery will be made by sending a specific written request via e-mail. The purchase contract is finalized through exact filling and the consent to the purchase given “online” or by signing the order form attached to the electronic catalog on the site.
There is no minimum purchase order constraint, while the maximum purchase limit is 2000 euros.
The customer can pay for the goods ordered through the payment services indicated online at the time of purchase:
– on delivery to the courier
– in cash
For more information, see the appropriate PAYMENTS section

3. AVAILABILITY OF THE PRODUCTS
The website’s computer system is designed to ensure immediate order fulfilment and avoid unnecessary delays for the customer; it indicates in real time, in its electronic catalog, the physical availability of the product and any condition of unavailability.
Should an order exceed the quantity existing in the warehouse, the computer system will allow you to bring “to the checkout”, purchase and receive only the quantities in stock within the set times. Product availability is not guaranteed on Saturdays and Sundays as the website is not updated.
It may happen that two simultaneous orders do not allow the availability update. In this case, the unavailability and any delay for the fulfillment of the order will be communicated to the Customer within 72 hours. If the consumer and / or customer does not agree to wait for the time necessary for delivery (beyond the deadline set out in Article 6 of Legislative Decree no. 185/1999), the contract will be considered terminated and there will be an immediate cancellation of the payment.

4. EXECUTION OF THE CONTRACT AND METHOD OF DELIVERY
The Company will deliver the selected and ordered products to customers, in the manner referred to in the previous article, by couriers and / or trusted freight forwarders or, at the sole discretion of the company, directly by the company itself. 4.1 Delivery times will never exceed those provided for by art. 6 D.LgSalvatore 185/99. The delivery date means the date of the first attempt by the courier to deliver the goods to the address (meaning the main entrance to the building and not the entrance to the private home), even if the attempt fails due to the absence of the recipient or refusal of the goods.

5. OBLIGATIONS OF THE BUYER
The consumer and / or customer undertakes and obliges, once the “on-line” purchase procedure has been completed, to print and keep these general conditions, which he/she will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Articles 3 and 4 of the legislative decree n ° 185/1999. 5.1 It is strictly forbidden for the buyer to communicate false and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications; personal data and e-mail address must be exclusively one’s real personal data and not those of third parties, or of fantasy.
The consumer and / or customer authorizes the use and undertakes to provide, at the discretion of the latter, a copy of the identity documents that have not expired. Failure to comply with the request for documents authorizes the termination of the contract due to default by the buyer. It is expressly forbidden to make multiple registrations corresponding to the same person or to enter data of third parties. We reserve the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. 5.2 The Customer indemnifies from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Customer, as the Customer himself is solely responsible for the correct entry.

6. AUTHORIZATIONS
By filling in the appropriate blanks on the website of the banking payment system, the consumers and / or customers authorize to use their credit card, or other card issued to replace it, and to debit their current account with the total amount shown as the cost of the purchase made “online”.
The whole procedure is done through a secure connection directly connected to the bank owner and manager of the “online” payment service, which the Company cannot access. Should the consumer exercise the right of withdrawal, as set out in point 9 of these general conditions, the amount to be refunded will be credited to the same credit card. 6.1 By filling out the personal data sheet in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications, the consumer and / or customer authorizes to communicate non-sensitive personal data (residence, telephone number ) to trusted couriers and / or forwarding agents used for the delivery of purchased goods in order to allow the procedures necessary for their delivery.

7. RESPONSIBILITY
The consumer and / or customer from the moment in which he/she receives the damaged goods or requests their return to the carrier has direct and exclusive action against the carrier itself. The latter is also liable for the delay in delivering the goods to the recipient.
In such cases, the Company must be considered exempt from any liability for loss or damage (damage) to the goods from the moment in which the same is delivered without reservation to the carrier for transport. 7.1 In the event of damage to the package or packaging, the Customer has the duty to make reservations regarding the things transported at the time of return, under penalty of forfeiture. In the event of partial loss or damage not recognizable at the time of delivery, the consumer and / or customer must report the damage to the carrier, under penalty of forfeiture, and no later than eight days from receipt by registered mail with return receipt (art 1698 of the Italian Civil Code) 7.2 To this end, it should be noted that all parcels are packed with adhesive tape.
Likewise, it is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, at the time of purchase of the products, not being, at any time, part of the procedure. 7.3 The images of the products published on the site are purely indicative.

8. WARRANTY AND SERVICE METHODS 
8.1 The defect must be reported within ten days of discovery, under penalty of forfeiture. 8.2 The Consumer, to request the replacement remedy, must make a specific complaint following the procedure indicated in the following point n. 10. 8.3 Subject to essential communication of the return code, it will be possible to authorize the return of the product for verification. The return costs will be anticipated by the consumer. The risks related to the transport of the goods are borne by the sender. Carriage forward shipments  will not be accepted unless previously agreed with the seller. In the event that the alleged defect is found, the agreed remedy will be carried out within a reasonable time and the shipping costs incurred will be credited with the exception of those for non-ordinary services.
We reserve the right to charge the customer for any cost incurred for the verification of the product and for the return of the same, if it is intact and functioning or without the lack of conformity complained of and referable to the date of delivery, differently from what is declared by the customer.

9. RIGHT TO WITHDRAW

The “consumer” that for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 working days from the day of reception of goods, and for services from the day of the conclusion of the “on line” contract.
This right can only be exercised by consumers, so all purchases made for purposes not unrelated to business or professional activity, therefore where a VAT number is entered in the order form, this right does not apply. All costs of returning the products are expressly borne by the consumer, who, through his own shipper, will forward them to the logistics facility, subject to essential authorization for return.
All items must be received in the same conditions of receipt, unused and completely intact, with the original packaging and any manuals, without any part missing. It is understood that the transport risks for the return of the items are fully borne by the consumer; the consumer cannot exercise this right of withdrawal for contracts for the purchase of sealed audiovisual products or computer software, which have been opened by the same; likewise he will not be able to exercise this right for tailor-made or clearly personalised products or products which by nature cannot be returned or are liable to deteriorate or expire rapidly. The consumer may exercise the right of withdrawal by making a specific complaint or by sending the related communication by fax, telegram, or e-mail. Any type of communication (including complaints) must be followed up under penalty of forfeiture within 48 hours by a registered letter with return receipt; a small comment on what happened is welcome, even if not necessary and mandatory. To facilitate the return operations to the consumer who manifests his withdrawal, an identification number for the return of goods will be communicated by e-mail. This number will facilitate the return of the goods, which must take place no later than ten working days from the communication of the return number.
The return of the product whose withdrawal has been requested and obtained after the aforementioned term implies the forfeiture of the same with simultaneous refusal of the return. The returned goods will be accepted reserving the right to verify that the products have been returned in their original state and with their packaging intact. It is advisable to cover the original packaging of the product with other protective packaging that preserves its integrity and also protects it from writing or special labels. Only in this case will it forward the full amount paid by the consumer within the terms of the law.

The same amount will be credited by bank transfer, the Customer will be able to communicate his bank details (ABI Code – CAB – Current Account of the invoice holder) and the amount due will be remitted. The right of withdrawal lapses in its entirety when the “essential condition of integrity of the asset” (packaging and / or its contents) ceases, in cases where it is ascertained: the lack of the original external / internal packaging; the absence of integral elements of the product; use of the product such as to make it impossible to restore the pre-existing conditions to the sale. In the event of forfeiture of this right, the purchased goods will be returned to the sender, with the shipping costs being charged to the sender.

10. COMPLAINTS
Any complaints must be sent online by e-mail to the address indicated in the CONTACTS section. The Customer will receive an e-mail confirming the opening of the complaint within the following three working days; with the same communication, instructions will be provided for the definition of the procedure and requests for clarifications or documentation will be forwarded. In compliance with current legislation, the Customer / Consumer, in the event of a complaint lodged beyond six months from the delivery of the product, must provide suitable documentation proving that the lack of conformity existed at the time of delivery.

11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
The Company has the right to terminate the stipulated contract by simply notifying the consumer and / or customer with adequate and justified reasons; in this case, the customer will only be entitled to a refund of any sum already paid. 11.1 The obligations assumed by the customer referred to in art. 5 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, are essential, so that by express agreement, the non-fulfillment by the consumer and / or customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right for the Company to take legal action for compensation for further damage.

12. PROVISION AND PROCESSING OF PERSONAL DATA
Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications towards him/her; these data are processed electronically in compliance with the laws in force and may only be exhibited at the request of the judicial authority or other authorities authorized for this purpose by law. The personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose. The Customer expressly undertakes to provide the Company with a copy of the identity documents deemed necessary for the purpose of any checks. Failure to comply with the aforementioned request authorizes the immediate termination of the contract for non-fulfillment. The processing is carried out, also with the aid of electronic means, in compliance with the procedures set out in art. 11 of Legislative Decree 30 June 2003, n. 196 guarantees the user and, in general, protecting his rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. The processing will take place for a period of time not exceeding that strictly necessary for the fulfillment of the aforementioned purposes. Personal data are not disclosed to third parties.
Obtaining the cancellation of personal data is subject to the sending of a written communication by email to the address indicated in the CONTACTS section or by post to the company headquarters. The owner and manager of the collection and processing of personal data is BIOTEC ITALIA UK.