These general conditions govern the online purchase made through the website www.biokares.com by subjects residing in the following countries: Italy
1. General provisions
1.1. These general conditions of sale (hereinafter, “General Conditions”) govern all sales of BioKares products (hereinafter, “Products” or “Product”) concluded remotely on the website www.biokares.com (hereinafter, the “Site”).
1.2. The distance selling service governed by the General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”); by ‘consumers’ we mean natural persons, over 18 years of age, who act for purposes unrelated to their commercial, entrepreneurial, craft or professional activity.
1.3. The language used for the conclusion of sales contracts through this Site is Italian.
1.4. Customers are required to carefully read the General Conditions, available on the Site, in order to become aware of them, memorize them and reproduce them. BioKares (as defined below) will send a copy of the General Conditions to the Customer pursuant to the provisions of the following article 5.10 of these General Conditions. Contracts concluded with customers will be archived by BioKares for the period provided for by current legislation.
2. Identification of the seller
2.1. The seller is BioKares, a trademark of Scianic SNC, with registered office in Via Petrarca, 17 – 47833 Morciano di Romagna (RN) Italy
3. Information relating to the Products and their availability
3.1. The information relating to the Products, together with the Product codes and their price, are available on the Site.
3.2. The Products available on the Site represent a selection of the items normally available in stores; However, BioKares does not guarantee the Customer that the Products available on the Site are also present in the shops. The graphic representation of the Products displayed on the Site may differ from reality; the Customer must therefore rely exclusively on the description of the Product and on the characteristics of the same reported on the Site.
3.3. BioKares reserves the right to limit, at any time, the quantity and / or type of Products that can be purchased on the Site. The style, models and colors of the Products described on the Site may be changed without notice. During the purchase procedure, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified via an automatic message. BioKares cannot under any circumstances be held liable towards the Customer due to the unavailability of a Product.
3.4. The Customer can insert a maximum of ten pieces per single Product in the order proposal.
3.5. BioKares is in no case responsible for any errors resulting from the failure of the Client’s connection to the Site.
4.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Delivery costs must be added to the price of the Products, indicated separately in the order form.
4.2. BioKares constantly checks the accuracy of the prices indicated on the Site; however, no errors can be guaranteed. In the event that an error is found in the indication of the price of a Product, BioKares will reject the order and offer the Customer the opportunity to purchase the Product at the correct price.
4.3. Minimum order Euro 20.00 (VAT included) net of discounts, active promotions, shipping costs.
5. Conclusion of the contract
5.1. The Site reports the essential characteristics and the price of each Product. The information on the Site does not constitute an offer by BioKares.
5.3. To purchase a Product, the Customer must (i) enter the selected Product in the “Cart” by clicking on the appropriate button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) transmit the order proposal to BioKares through the Site.
5.4. The transmission of the order proposal constitutes a purchase proposal relating to the selected Product, governed by these General Conditions and binding for the Customer (without prejudice to the right of withdrawal provided for in the following article 10). The transmission of the order proposal by the Customer entails the obligation of the latter to pay the price of the Product, or Products, ordered.
5.5. Before submitting the order proposal, the Customer has the possibility to make any corrections / changes to the data entered by following the appropriate procedure indicated on the Site (by way of example and not exhaustive, the Customer has the right to change the quantity of the Products that intends to purchase by adding or deleting one or more Products from the “Cart”).
5.7. The contract between BioKares and the Customer is concluded when the Customer receives confirmation from BioKares of the acceptance of the order proposal forwarded through the procedure provided on the Site. The acceptance (or rejection) by BioKares of the order proposal will be sent to the Customer to the e-mail address indicated by the Customer in the order proposal (“Order Confirmation”).
5.8. BioKares may refuse an order proposal (in this case no amount will be due by the Customer to BioKares, with the exception, possibly, of the sums indicated in the following article 6) in the following cases:
(I) in case of unavailability of the Products (without subject to the provisions of articles 3.3 and 5.9); or
(II) in the event that the payment made by the Customer is not successful (by way of example, in the event of non-debit of the purchase price on the Customer’s credit card or, if the payment is made by bank transfer, in the event failure to confirm receipt of the bank transfer within 10 (ten) working days from the date of the order proposal); or
(III) in the event that there is a report, or suspicion, of fraudulent or illegal activity, including the suspicion that purchases are made for commercial purposes;
(IV) in case of non-fulfillment by the Customer of its obligations deriving from a previous contract concluded with BioKares
5.9. In case of unavailability of one or more Products ordered, the Customer will be notified by e-mail. In this eventuality, the order proposal is canceled, or accepted only for the Products available. In case of partial acceptance, the Customer is required to pay only the price for the available Products (if the payment is made by credit card, the Customer will be charged only the amount corresponding to the available Products).
5.10. In compliance with the provisions of Article 51, paragraph 7, of the Consumer Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods. , information relating to delivery costs, the conditions and methods of exercising the right of withdrawal (including the indication of the exclusion from the right of withdrawal in the case of customized Products), the indication of an address to which complaints can be made , and information on after-sales assistance services and existing commercial guarantees. The e-mail communication sent by BioKares confirming the shipment of the Products, in accordance with the provisions of the following article 8.1 (“Confirmation of Delivery”).
5.11. The risk of loss or damage to the Products is transferred to the Customer when the latter (or a third party designated by the Customer and other than the carrier) materially comes into possession of the Product.
6. Methods of payment
6.1. The Customer may pay the amount relating to the Products contained in the order proposal and the shipping costs by credit card, PayPal or cash on delivery.
6.2. BioKares accepts payments made using the following credit cards:
6.3. Transactions will be debited to the Customer’s credit card only after:
(I) the credit card details have been verified;
(II) the debit authorization has been received from the company issuing the credit card used by the Customer.
6.4. In the event that, for any reason, within a period of 10 (ten) working days from the date of the order it is not possible to charge the credit card the amounts owed by the Customer (or, in the case of cash on delivery, the funds corresponding to these amounts are not available on the BioKares bank account), it will not be possible to execute the contract and the order is considered canceled.
7. Transport and delivery
7.1. The Products will be delivered to the address indicated by the Customer in the order proposal. At the time of delivery, the signature of the Customer (or his delegate) is required. No deliveries are made to post office boxes.
No deliveries of orders will be made to the following geographical locations: Vatican City, Livigno and the Republic of San Marino.
7.2. For each order BioKares will issue a specific purchase receipt which will be sent to the Customer via e-mail or post in compliance with current legislation. The purchase receipt is issued on the basis of the information provided by the Customer when placing the order. Changes to the purchase receipt are not permitted after it has been issued. The invoice must be requested before the purchase is concluded. After the closing of the order, no invoices can be requested.
7.3. Delivery costs are charged to the customer and are shown separately in the order form.
7.4. The purchased products will be delivered by courier selected by BioKares (hereinafter “Courier”) on working days (with the exclusion, therefore, of Saturdays, Sundays and local or national holidays) from 9:00 to 18:00 . Deliveries will be made within 24/48 hours from the date of the Order Confirmation (except in the event of force majeure or unforeseeable circumstances) excluding disadvantaged areas.
In case of non-delivery, the courier leaves a notice of passage on the intercom / in the mailbox, informing the recipient of the passage. A second step is automatically rescheduled the next day. If the recipient is still absent, the shipment is kept in the local branch for 3 working days. On the 4th working day, the package is deposited at the relevant Post Office, and the postman delivers a notice postcard to the recipient. The recipient has a further 7 days (working days, including Saturdays) to collect the package at the Post Office. In the absence of collection within this time frame, the package is automatically returned to BioKares
7.5. The Customer (or his / her delegate) is required to check, upon delivery of the Products by the Courier:
(I) that the number of packages delivered corresponds to that indicated in the delivery note; and
(II) that the packaging and its seals are intact, not damaged, not wet or altered in any way.
Any damage to the packaging and / or the Product or the mismatch in the number of packages or information must be immediately notified in writing on the Courier’s delivery note. Once the Courier’s document has been signed without the Customer having raised any objections, the Customer will not be able to make any objection about the external characteristics of the delivered package.
8. Confirmation of shipment and delivery
8.1. BioKares will send the Customer an e-mail confirming the Shipment after the shipment of the Products.
9. Wrapping or packaging
9.1. The Products purchased on the Site are delivered using the normal packaging used by BioKares.
10. Right of withdrawal
10.1. Pursuant to Article 52 of the Consumer Code, as defined below, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his authorized representative for receipt of the Product) materially comes into possession of the Product itself.
10.2. To exercise the right of withdrawal, the Customer must carry out the following procedure, within the deadline set out in the previous article 10.1:
Via the Internet:
- the user logs in with user and password;
- the user within the reserved area finds the “my orders” ;
- within the “my orders” area , the user can select orders that comply with the timing of the right of return policy (within 14 days of receipt);
- the user selects the products he wants to return in relation to that order, indicating the quantities and reasons for the return by choosing a dropdown menu;
- the return request is received by the customer care that verifies and approves it;
- the customer receives an e-mail notification from the customer indicating the approval of the return containing the identification number (RMA ID), the directions for shipping the package and the instructions to access the reserved area and download a document to be printed and attached to the package.
- the user calls the toll-free number xxxxxxxxxx;
- customer care will verify the request and start the return procedure;
- the customer receives an e-mail notification from the customer indicating: the approval of the return containing the identification number (RMA ID), the instructions for shipping the package and the instructions to access the reserved area and download a document to be printed and attached to the package.
10.3. Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with the previous article 10.2) the Customer must return the purchased Product to BioKares by sending it to the following address: Via Petrarca, 17 – 47833 Morciano di Romagna (RN) Italy. The costs for returning the Product to BioKares are charged to the Customer. The Customer is solely responsible for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and functioning: therefore, the Customer is required not to remove any labels applied to the Product. The product must be returned intact without tampering and manipulation.
10.4. BioKares will refund the sums corresponding only to the purchase of the sales products and not the ancillary costs, without undue delay and in any case no later than 14 (fourteen) days from the date on which BioKares was informed of the Customer’s decision to withdraw. from the contract in accordance with this article 10. This reimbursement will be made by BioKares with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and provided that the Customer does not have to incur additional expenses for such reimbursement. If the purchase was made using a discount code, the amount of the discount will not be refunded. The refund will be related only to the amount actually spent.
10.5. BioKares may suspend the reimbursement until BioKares has received the returned Product or, if this occurs before such receipt, until the moment in which the Customer provides proof of having returned the Product.
10.6. After the shipment of the Product, the order can no longer be canceled or modified. The return of Products already shipped must in any case be carried out in accordance with the procedure set out in this article 10.
11. Personalized products
11.1. In compliance with the provisions of article 59, paragraph 1, letter c), of the Consumer Code, as defined below, the right of withdrawal does not apply to orders relating to personalized products such as, by way of example and not limited to, Products on which the Customer’s initials are engraved.
12. Product Replacement
12.1. Without prejudice to the Customer’s rights provided for in articles 10 and 13 of these General Conditions, BioKares does not in any case recognize the Customer the possibility of replacing the Products purchased on the Site with other products.
13. Lack of conformity
13.1. If a Product sold by BioKares should show a manufacturing defect and in any case for any alleged lack of conformity relating to Products sold by BioKares, the Customer is required to immediately contact the online assistance, by e-mail or by post, at the addresses of following indicated:
ca Online Sales Assistant
13.2. The sale of the Products is subject to the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code, as defined below. Pursuant to these regulatory provisions, the Customer has the right to obtain the restoration of conformity of the goods by repair or replacement (the Customer can choose whether to obtain the repair or replacement of the Product under the conditions provided for by law), at no cost to him, or, in the event that one of these remedies is not successful (in accordance with the provisions of Article 130, paragraph 7, of the Consumer Code), it will be able to obtain an appropriate reduction in the price of the Products or the termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Biokares within the term of 2 (two) months from the date on which he discovered this lack of conformity. The direct action to assert a lack of conformity not intentionally concealed by Biokares is prescribed, in any case, within 26 (twenty-six) months from the delivery of the Product.
13.3. In the event that the Customer requests, within the terms referred to in this article 13, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs relating to the return to Biokares of the Product to be repaired or replaced , as well as all costs relating to the delivery to the Customer of the repaired or replaced Product, remain the responsibility of Biokares.
14. Guarantee of authenticity and intellectual property rights
14.1. Biokares guarantees the authenticity of all Products purchased on the Site. The “Biokares” branded products are made with Italian materials, are packaged by Italian subcontractors, and are all MADE IN ITALY, with the sole exception of promotional products (clutches / gadgets ), which are made in China, or other non-EU countries.
14.2. The “Biokares” trademark, as well as all the figurative and non-figurative trademarks and service marks, present on the Products, on the related accessories and / or packaging, of the shape marks, whether registered or not, as well as all illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of the following company Biokares.
15. Applicable law and competent court
15.1. These General Conditions and, consequently, the contracts concluded with Customers, are governed by Italian law and must be interpreted on the basis of it (including Legislative Decree No. 206 of 6 September 2005, “Consumer Code” and, in in particular, the “Chapter I, Title III of Part III” as well as the Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”).
15.2. Any dispute arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the mandatory jurisdiction of the judge of the place of residence or domicile of the Customer.
16.1. For further information and assistance on the Site or on how to purchase online, the Customer can contact BioKares at the following addresses:
BioKares is a Scianic SNC brand
Registered office in Via Petrarca, 17 – 47833 Morciano di Romagna (RN) Italy
c.a. Online Sales Assistant