Delivery

Delivery and Shipping

This page sets out the conditions applicable to shipping, delivery, storage, failed delivery, non-collection, transport damage, national shipments, intra-EU shipments and extra-EU shipments for products purchased through the website of Bioskin Italia S.r.l.

These conditions supplement the Terms and Conditions of Use and Sale, the Customer Information page and the Returns and Right of Withdrawal policy, all of which form an integral part of the conditions applicable to purchases made through the website.

The applicable conditions may vary depending on the type of Customer and the shipping destination:

• B2C Customer or Consumer: a natural person who purchases for purposes unrelated to any business, commercial, craft or professional activity;
• B2B Customer or Professional Customer: any natural or legal person purchasing in the course of a business, commercial, craft or professional activity, including VAT-registered professionals, companies, medical practices, clinics, healthcare facilities, public or private institutions, resellers and professional operators;
• National shipments: shipments delivered within Italy;
• Intra-EU shipments: shipments delivered within a Member State of the European Union;
• Extra-EU shipments: shipments delivered outside the European Union, which may involve customs formalities, duties, import VAT, clearance costs and additional charges.

1. Order preparation and handover to the carrier

Products available in stock are normally handed over to the carrier within the time indicated on the product page or in the order confirmation, subject to receipt of payment and actual stock availability.

Any preparation, shipping or delivery times indicated on the website, on the product page, in the order confirmation or in subsequent communications are indicative and not binding, unless otherwise agreed in writing or unless mandatory consumer law provides otherwise for B2C Consumers.

Delays caused by carriers, manufacturers, suppliers, customs authorities, document checks, storage, holidays, strikes, force majeure, temporary unavailability, remote areas, islands, difficult destinations or causes not directly attributable to Bioskin Italia shall not give rise to liability for Bioskin Italia, to the maximum extent permitted by law.

For B2B Professional Customers, delivery delays do not constitute automatic grounds for order cancellation, refusal of goods, termination of contract, refund or damages, except in cases of wilful misconduct, gross negligence or mandatory legal provisions.

2. Carriers, tracking and signature on delivery

Shipments are normally made by express courier or another appointed carrier, with shipment tracking and delivery by signature or another proof of delivery method provided by the carrier.

When the shipment is handed over to the carrier, the Customer will receive, where available, a tracking link or tracking code to monitor the shipment online.

The availability of tracking, frequency of updates, delivery times, delivery attempts and operational procedures depend on the appointed carrier and on the shipment destination.

Standard delivery normally takes place from Monday to Friday, excluding Saturdays, Sundays and public holidays. Additional services, special deliveries, appointment deliveries or specific time-slot deliveries are available only if expressly offered and confirmed before the order or agreed in writing.

3. Shipping and packaging costs

Shipping costs include transport, logistics handling, preparation and packaging costs, as indicated during the order process.

The Customer is invited to group products into a single order. Bioskin Italia is not required to combine separate orders placed independently. Separate shipping, preparation and handling costs may apply to each order.

Bioskin Italia pays particular attention to packaging, especially for fragile, delicate or high-value products. However, shipment integrity during transport also depends on the handling of the carrier, destination, logistics conditions and cooperation of the recipient upon delivery.

4. No insured shipping service

Bioskin Italia does not offer the Customer an optional or additional insured shipping service.

Any coverage, liability limits, compensation, refunds or claim procedures provided by the carrier are governed exclusively by the carrier’s own terms and conditions and do not constitute an insurance service sold or guaranteed by Bioskin Italia to the Customer.

Shipment with tracking, signature or proof of delivery does not mean insured shipping and does not create any automatic guarantee of refund, replacement or reshipment in case of theft, loss, damage, delay, storage, failed collection or delivery issues, except where mandatory law provides otherwise.

For B2B Professional Customers, in case of theft, loss, damage or transport-related claims after the goods have been handed over to the carrier, Bioskin Italia may, where possible, cooperate in submitting a claim to the carrier, but shall not be required to refund, replace or reship the goods except within the limits of any amount actually recognised by the carrier or required by mandatory law.

For B2C Consumers, mandatory consumer rights remain unaffected, including the rules on passing of risk under Article 63 of the Italian Consumer Code.

5. National shipments within Italy

National shipments are shipments delivered within Italy.

For national shipments, delivery times are normally indicative and may vary depending on product availability, the appointed carrier, destination, difficult delivery areas, islands, remote locations, holidays, strikes, peak periods or other logistics circumstances.

Cash on delivery, where available, is offered only for shipments within Italy and only if expressly selectable during the order process. The carrier is authorised to collect money only if the delivery document clearly states “cash on delivery” and the amount to be collected.

Payment to the carrier, where applicable, may be subject to the payment methods accepted by the carrier. Bioskin Italia is not responsible for any carrier limitations relating to cash, cards, POS terminals, debit cards or other payment instruments.

6. Intra-EU shipments

Intra-EU shipments are shipments delivered to Member States of the European Union.

Intra-EU shipments normally do not involve import customs clearance between EU Member States, except in special cases, special territories, fiscally excluded areas, local restrictions or specific conditions applicable to the destination.

The Customer is responsible for the accuracy and completeness of delivery, billing and, for B2B Professional Customers, tax data and VAT number used for the intra-EU purchase, where applicable.

Any costs arising from incorrect data, incomplete address, failed delivery, storage, redelivery, return to sender, address correction or new shipment are borne by the Customer, to the maximum extent permitted by law.

7. Extra-EU shipments and DAP delivery

Extra-EU shipments are shipments delivered outside the European Union.

Unless otherwise expressly agreed in writing, all Extra-EU shipments are made under DAP - Delivered At Place, Incoterms 2020.

Under DAP conditions, Bioskin Italia bears the cost of transport to the delivery address indicated in the order, unless otherwise stated, but does not bear customs duties, import VAT, local taxes, customs clearance costs, broker fees, administrative charges, storage costs, documentation costs or any other charges required in the destination country.

All customs duties, import VAT, local taxes, clearance fees, carrier or broker fees, administrative charges, storage costs, documentation costs and any other charges required by authorities, carriers or intermediaries in the destination country are borne exclusively by the Customer.

The Customer must promptly pay all amounts requested for customs clearance and provide all documents and information required for importation.

Bioskin Italia is not responsible for delays, storage, returns, seizures, abandonment, destruction, customs holds, failed delivery or additional costs caused by customs procedures, import restrictions, incorrect or incomplete data, missing documentation, non-payment of import charges or lack of cooperation by the Customer.

8. Refusal of delivery, failed customs clearance and forced Extra-EU returns

Refusal of delivery, failure to pay customs duties, import VAT, clearance costs, broker fees or other required charges, lack of cooperation with the carrier or customs authorities, incorrect or incomplete data, or failure to provide the necessary documentation may result in forced return of the goods, storage, seizure, abandonment, destruction or customs hold.

Such circumstances do not constitute a valid exercise of the right of withdrawal and do not automatically entitle the Customer to a refund.

For B2B Professional Customers, in case of forced return of the goods due to refusal of delivery, non-payment of import charges, lack of cooperation, incorrect data, failed customs clearance or any other cause attributable to the Customer, any refund, if granted, will be calculated after deduction of all costs incurred, including outbound shipping, return shipping, duties, import VAT, re-import costs, customs clearance, broker fees, storage, deposit, administrative costs, handling, logistics costs and loss in value of the goods.

For B2B Professional Customers, if the goods are abandoned, destroyed, seized, held by customs, lost or otherwise do not return to the physical possession of Bioskin Italia for reasons not attributable to Bioskin Italia, no refund will be due.

For B2C Consumers, any deduction, limitation or exclusion of refund will be applied to the maximum extent permitted by applicable mandatory consumer law, especially where the costs arise from refusal of delivery, non-cooperation, non-payment of import charges, incorrect data or failed customs clearance attributable to the Customer.

9. Failed delivery, absence of recipient and storage

Standard shipments normally include one or more delivery attempts according to the operational conditions of the appointed carrier.

The Customer is responsible for providing a correct, complete and attended delivery address, monitoring tracking information and cooperating with the carrier to ensure successful delivery.

Any storage fees, redelivery costs, release fees, address correction costs, deposit charges, return-to-sender costs or new shipping costs due to absence of the recipient, incorrect address, incomplete data, failure to collect or non-cooperation by the Customer are borne by the Customer, to the maximum extent permitted by law.

For B2B Professional Customers, failure to collect the goods, lack of cooperation with the carrier or unauthorised storage do not constitute valid grounds for order cancellation, return, refund or replacement.

10. Inspection of goods upon delivery

Upon delivery, the Customer must check that the number of parcels corresponds to the transport documents and that the packaging is intact, not damaged, not wet, not opened and not tampered with.

In case of damaged, wet, opened, tampered or otherwise irregular packaging, the Customer must immediately notify the carrier and accept delivery with a specific written reservation, clearly describing the issue on the delivery document.

A generic wording such as “accepted with reservation” may not be sufficient. The reservation must be specific, for example “damaged packaging”, “open parcel”, “wet box”, “crushed parcel” or “product potentially damaged”.

Acceptance without a specific reservation may prevent or limit any subsequent complaint for transport damage, without prejudice to mandatory consumer rights.

Any visible damage, missing items or delivery anomalies must be promptly reported to Bioskin Italia with photographs of the external packaging, shipping label, product and any other useful evidence.

11. Passing of risk

For B2B purchases, unless otherwise agreed in writing, Bioskin Italia fulfils its delivery obligation by handing the goods over to the carrier or freight forwarder appointed for transport. From that moment, the risks related to transport are borne by the B2B Professional Customer, to the maximum extent permitted by law.

For B2C purchases, the passing of risk takes place in accordance with applicable mandatory consumer law, in particular Article 63 of the Italian Consumer Code.

If the Customer, whether B2B or B2C within the limits provided by law, requests the use of the Customer’s own carrier or a carrier not proposed by Bioskin Italia, the risk may pass to the Customer when the goods are handed over to the carrier chosen by the Customer, in accordance with applicable law.

12. Returns connected with shipping

Any return of goods for any reason must always be previously authorised in writing by Bioskin Italia.

Unauthorised returns, returns sent cash on delivery, carriage forward or with costs charged to Bioskin Italia will not be accepted.

Unauthorised shipments may be refused or held at the Customer’s disposal, with storage, return, transport, customs and handling costs charged to the Customer, to the maximum extent permitted by law.

For B2B Professional Customers, the consumer right of withdrawal does not apply. B2B purchases are final and cannot be cancelled, returned, exchanged or refunded due to change of mind, ordering error, incompatibility with the Customer’s needs, lack of use, incorrect technical or commercial assessment, failure to resell, refusal of delivery or failure to collect the goods.

For B2C Consumers, the right of withdrawal remains applicable where provided by law, within the terms, procedures and exclusions set out in the Returns and Right of Withdrawal policy.

13. Complaints for damage, defects or non-conformity

Any complaint relating to transport damage, missing goods, wrong product, damaged product or alleged non-conformity must be notified to Bioskin Italia in writing, with photographic documentation and any useful evidence for verification.

For B2B Professional Customers, complaints relating to wrong product, wrong quantity, visible damage, discrepancy from the description published on the website or recognisable defects must be notified in writing as soon as possible and in any case within 8 days from delivery or discovery of the defect, pursuant to Article 1495 of the Italian Civil Code, unless a different mandatory legal term applies.

If a complete written complaint is not submitted within the above time limits, the product shall be deemed accepted by the B2B Professional Customer, without prejudice to mandatory provisions of law.

Opening a support, return or replacement request does not constitute acknowledgement of non-conformity, defect, transport damage or liability by Bioskin Italia.

14. Legal references

This page is drafted taking into account, among others, the following provisions:

• Italian Legislative Decree No. 206/2005, Consumer Code, Article 3, definitions of consumer and professional;
• Italian Legislative Decree No. 206/2005, Consumer Code, Article 63, passing of risk in consumer contracts;
• Italian Legislative Decree No. 206/2005, Consumer Code, Articles 52 et seq., consumer right of withdrawal in distance contracts, where applicable;
• Italian Legislative Decree No. 206/2005, Consumer Code, Article 59, exceptions to the right of withdrawal;
• Italian Civil Code, Articles 1490 et seq., warranty for defects in sales contracts, where applicable;
• Italian Civil Code, Article 1495, time limits and conditions for reporting defects;
• Incoterms 2020, where expressly referred to for Extra-EU shipments.