Terms and Conditions

The following conditions are valid from 10 June 2005. These general terms and conditions may be updated or modified at any time by the Company, which will notify customers through the appropriate communication channels. The consumer undertakes and is obliged, whenever there is a change to these general conditions, to print them out and keep them.

1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
By “online” sales contract we mean the distance contract and that is the legal transaction having as object movable goods and/or services stipulated between a supplier BIOTEC ITALIA SRL (from now on COMPANY), and a consumer and/or customer within a distance selling system organised by the supplier that, for such contract, employs exclusively the distance 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, they will conclude the contract for the purchase of the goods.
The Company may, at its discretion, ask the consumer and/or customer for a confirmation of the order placed. A consumer is any natural person who, in contracts for the sale of consumer goods, is acting for purposes unrelated to any business activity carried out.

2. SALE PRICES AND PURCHASE METHODS
All sales prices of the products displayed and indicated on the website, for which they constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code, are inclusive of VAT and all other taxes. The customer shall be charged a contribution for shipping costs, clearly displayed before finalising the order, varying in relation to the weight, size and destination (in Italy or abroad) of the order itself; as for the destination abroad, it shall be the responsibility of the consumer and/or customer to check the additional costs relating to the country in which the delivery is to be made by sending a specific written request via e-mail. The purchase contract is finalised by means of the exact compilation and consent to the purchase manifested through the adhesion given “on line” or by signing the order form attached to the electronic catalogue present on the site.
There is no minimum purchase order constraint, while the maximum purchase limit is 2000 euros.
The customer may pay for the ordered goods using the payment services indicated online at the time of purchase:
– cash on delivery to the courier
– in cash
For further information see the appropriate PAYMENTS section

If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorise such assignment

3. AVAILABILITY OF PRODUCTS
The computer system of the site is designed to ensure the immediate processing of orders and avoid unnecessary waiting for the customer; it, in fact, indicates in real time, in its electronic catalogue, the physical availability of the product and any condition of unavailability.
Should an order exceed the existing quantity in the warehouse, the computer system will allow only the quantities in stock to be taken ‘to the till’, purchased and received on time. Product availability is not guaranteed on Saturdays and Sundays as the site is not updated.
It may happen that two simultaneous orders do not allow the availability to be updated. In the latter case, the Customer will be notified within 72 hours of the lack of availability and the possible wait for the order to be fulfilled. If the consumer and/or customer does not agree to wait for the time necessary for delivery (beyond the term provided for by art. 6 of Legislative Decree no. 185/1999 the contract shall be considered terminated and the payment shall be immediately reversed.

4. EXECUTION OF THE CONTRACT AND DELIVERY METHODS
The Company shall provide for the delivery to customers of the products selected and ordered, in the manner set forth in the previous article, by trusted couriers and/or forwarding agents or, at the Company’s discretion, directly by the Company itself. 4.1 Delivery times shall never exceed those envisaged by art. 6 of Legislative Decree 185/99. The date of delivery shall be understood to be the date of the first attempt by the courier to deliver the goods to the address (to be understood as the main entrance to the building and not the entrance to the private residence), even if the attempt is unsuccessful due to the absence of the addressee or refusal of the goods.

5. OBLIGATIONS OF THE PURCHASER
The consumer and/or customer undertakes and is obliged, once the “on-line” purchase procedure has been completed, to print and keep these general conditions, which, moreover, he/she will have already viewed and accepted as a compulsory 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 Legislative Decree No. 185/1999. 5.1 It is strictly forbidden for the purchaser to enter false and/or fictitious data in the registration procedure required to activate the process for the execution of this contract and the relative further communications; the personal data and e-mail address must be exclusively the purchaser’s own real personal data and not those of third parties, or fictitious data.
The consumer and/or customer authorises the use and undertakes to provide, at the latter’s discretionary request, copies of unexpired identity documents. Failure to comply with the request for documents entitles the contract to be terminated due to breach of contract by the purchaser. It is expressly prohibited to make multiple registrations corresponding to the same person or to enter data of third persons. We reserve the right to prosecute any violation and abuse, in the interest and for the protection of all consumers. 5.2 The Customer shall indemnify us from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, the Customer being solely responsible for their correct entry.

6. AUTHORISATIONS
By filling in the appropriate space on the website of the payment banking system, the consumer and/or customer authorises the use of their credit card, or any other card issued in its place, and to debit their current account with the total amount shown as the cost of the purchase made “on line”.
The entire procedure is carried out through a protected connection directly connected to the bank that owns and manages the “on-line” payment service, which the Company cannot access. Should the consumer make use of the right of withdrawal, as set forth in point 9 of these general conditions, the amount to be refunded shall be credited to the same credit card. 6.1 By filling in the personal data sheet in the registration procedure required to activate the procedure for the execution of this contract and the relative further communications, the consumer and/or customer authorises the communication of non-sensitive personal data (residence, telephone number) to the couriers and/or forwarding agents used for the delivery of the goods purchased in order to allow the procedures necessary for their delivery.

7. LIABILITY
The consumer and/or customer from the moment he receives the damaged goods or requests their return to the carrier has a direct and exclusive action against the carrier. The latter is also liable for the delay in delivery of the goods to the consignee.
In such cases, the Company shall be exempt from any liability for loss or damage (damage) to the goods from the moment they are delivered without reservation to the carrier for carriage. 7.1 In the event of damage to the packaging or wrapping, the Customer shall be obliged to make reservations about the goods transported at the time of return under penalty of forfeiture. In the event of partial loss or damage not recognisable at the time of redelivery, the consumer and/or customer must report the damage to the carrier, under penalty of forfeiture, as soon as it is known and no later than eight days after receipt by registered letter with return receipt (Art. 1698 of the Italian Civil Code). 7.2 To this end, we point out that all packages are packed with adhesive tape.
Similarly, it is not liable for any fraudulent or illicit use that may be made by third parties, of credit cards, cheques and other means of payment, at the time of purchasing the products, as they are at no time part of the procedure. 7.3 The product images published on the site are purely indicative.

8. GUARANTEES AND METHODS OF ASSISTANCE
8.1 The notification of the defect must be made within ten days of its discovery, under penalty of forfeiture. 8.2 The consumer, in order to request the remedy of replacement, shall make a special complaint following the procedure indicated in point no. 10 below. 8.3 Subject to prior communication of the return code, it shall be possible to authorise the return of the product for verification. Return costs shall be paid in advance by the consumer. The risks relating to the transport of the goods shall be borne by the sender. Shipments sent “carriage forward” will not be accepted unless previously agreed with the seller. In the event that the defect complained of is found, the agreed remedy shall be carried out within a reasonable period of time and the shipping costs incurred shall be credited, with the exception of those for non-ordinary services.
We reserve the right to charge the customer for any costs incurred in checking the product and returning it if it is found to be undamaged and in good working order, or if it does not have the conformity defect complained of and attributable to the date of delivery, contrary to the customer’s statement.

9. RIGHT OF WITHDRAWAL
The “consumer” who, for whatever reason is not satisfied with the purchase made, has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 10 working days starting for goods from the day of their receipt, for services from the day of the conclusion of the “online” contract.
This right may only be exercised by consumers, so all purchases made for purposes not outside the business or professional activity, i.e. where a VAT number is entered in the order form, do not enjoy this right. All costs for the return of products are expressly borne by the consumer, who, by means of his own forwarding agent, will see to their forwarding to the logistical structure, subject to prior authorisation for their return.
All items must be received in the same condition in which they were received, unused and completely intact, with their original packaging and any manuals, and without any shortcomings. It is understood that the risks of transport for the return of the articles are fully borne by the consumer; the consumer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same; likewise, he/she may not exercise this right for products made to measure or clearly personalised or which, due to their nature, cannot be returned or risk deterioration or rapid alteration. The consumer may exercise the right of withdrawal by making a complaint or by sending the relevant communication by fax, telegram or e-mail. Any type of communication (including the complaint) must be followed, on penalty of forfeiture, within 48 hours by a registered letter with acknowledgement of receipt; a small comment on the event is welcome, although not necessary and obligatory. In order to facilitate the return operations to the consumer who expresses his withdrawal, an identification number for the return of goods will be communicated by mail. This number will facilitate the return of the goods, which must be done no later than ten working days from the communication of the return number.
The return of the product for which withdrawal has been requested and obtained after the aforementioned deadline implies the forfeiture of the same with the simultaneous refusal of the return. Returned goods will be accepted subject to verification that the products have been returned in their original condition 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 labels. Only in this case will the entire amount paid by the consumer be forwarded within the statutory time limits.

The same amount shall be credited by bank transfer, the Customer may communicate his bank details (ABI – CAB – Current Account of the invoice holder) and the amount due shall be remitted. The right of withdrawal lapses in its entirety when the “essential condition of integrity of the goods” (packaging and/or its contents) is no longer intact, in cases where it is ascertained that: the original outer/inner packaging is missing; the product’s integral elements are missing; the product has been used in such a way as to make it impossible to restore it to its pre-sale condition. In the event of forfeiture of this right, the purchased goods shall be returned to the sender, who shall be charged with the shipping costs.

10. COMPLAINTS
Any complaint must be submitted on-line by e-mail to the address indicated in the CONTACTS section. The Customer shall receive an e-mail confirming the opening of the complaint within the next three working days; with the same communication, instructions shall be provided for the definition of the procedure and requests for clarification or documentation shall be forwarded. In accordance with the regulations in force, the Customer/Consumer, in the event of a claim made more than six months after delivery of the product, shall provide suitable documentation proving that the conformity defect existed at the time of delivery

11. CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
The Company shall have the right to terminate the contract by giving simple notice to the consumer and/or customer with adequate and justified reasons; in this case, the customer shall only be entitled to a refund of any sum already paid. 11.1 The obligations assumed by the customer under Art. 5 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment made by the customer with the means referred to in Art. 2, are essential, so that by express agreement, the failure of the consumer and/or customer to comply with any one of these obligations shall result in the legal termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for a court ruling, without prejudice to the Company’s right to take legal action for compensation for further damage.

12. PROVISION AND PROCESSING OF PERSONAL DATA
Personal data are collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the relative necessary communications; such data are processed electronically in compliance with the laws in force and may only be produced at the request of the judicial authorities or other authorities authorised by law. Personal data shall be communicated to parties delegated to carry out the activities necessary for the execution of the contract stipulated and shall be disclosed exclusively within the scope of this purpose. The Customer expressly undertakes to provide the Company with copies of the identity documents deemed necessary for the purpose of any verifications. Failure to comply with the aforementioned request authorises immediate termination of the contract for breach.The processing shall be carried out, also with the aid of electronic means, in compliance with the procedures that Article 11 of Legislative Decree No. 196 of 30 June 2003 lays down to guarantee the user and, in general, to protect his/her rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. Processing will be carried out for a period of time not exceeding that which is strictly necessary for the fulfilment of the purposes described above. Personal data shall not be disclosed to third parties.
Obtaining the deletion of your personal data is subject to sending a written communication sent by email to the address indicated in the CONTACTS section or by post to the company headquarters. Owner and responsible for the collection and processing of personal data is BIOTEC ITALIA SRL