Customer Information
This page provides important customer information regarding purchases, orders, prices, availability, shipping, delivery, payments, warranties, returns, refunds and complaints for products purchased through the website of Bioskin Italia S.r.l.
This Customer Information page supplements the Terms and Conditions of Use and Sale and the Returns and Right of Withdrawal policy, which form an integral part of the conditions applicable to purchases made through the website.
In case of conflict between this Customer Information page and more specific provisions contained in the Terms and Conditions of Use and Sale or the Returns and Right of Withdrawal policy, the more specific provisions shall prevail, within the limits permitted by applicable law.
1. B2C and B2B Customers
The conditions applicable to an order depend on the Customer’s status.
A B2C Consumer is a natural person purchasing for purposes unrelated to any business, commercial, craft or professional activity.
A B2B Professional Customer is 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, institutions, resellers and professional operators.
The indication of a business name, VAT number, company tax code, certified e-mail address, business billing data, address of a medical practice, clinic, healthcare facility or company, or the purchase of products intended for professional use, is a relevant element for classifying the order as a B2B purchase.
The Customer is responsible for the accuracy, truthfulness and completeness of all data provided during registration, ordering, billing and delivery. Bioskin Italia is not responsible for false, inaccurate, incomplete or outdated declarations made by the user or purchaser.
2. Professional and medical-use products
Bioskin Italia sells products intended also for physicians, healthcare professionals, sector operators, medical practices, clinics, healthcare facilities, resellers and qualified professional users.
Products marked as “medical use”, “for medical use only”, “professional use”, “reserved for professionals”, “medical device” or equivalent wording are intended exclusively for subjects qualified or authorised under the applicable laws and regulations.
The Customer is responsible for verifying his or her professional qualification, legal entitlement and technical suitability to purchase, possess, install, use, maintain and, where applicable, resell the purchased products.
Some products may cause damage to persons or property if used improperly, by unqualified persons, without adequate training, without required professional supervision or contrary to the manufacturer’s instructions.
Bioskin Italia is not liable for damage resulting from improper use, use outside the intended purpose, use by unqualified persons, failure to follow the manufacturer’s instructions, incorrect installation, improper maintenance, product alteration, use with incompatible accessories or breach of applicable law.
3. Prices, availability and product characteristics
Prices, availability, images, descriptions, technical specifications and offers shown on the website are subject to change without notice, subject to the conditions applicable to orders already accepted by Bioskin Italia.
Availability shown on the website is subject to stock availability, supplier availability, updates, errors, manufacturer changes and market variations.
Bioskin Italia endeavours to describe products as accurately as possible, but images, photographs, packaging, graphics, descriptions, technical sheets and information materials are provided for descriptive and informational purposes.
Minor differences in packaging, graphics, colour, lot, label, external presentation or aesthetic updates do not constitute product non-conformity, provided that they do not affect the essential characteristics of the purchased product.
Before purchasing, B2B Professional Customers must carefully check the product description, technical specifications, intended use, quantities, variants, compatibility, accessories included, limitations of use, safety instructions and any other information shown on the product page.
A purchase made by a B2B Professional Customer implies confirmation that the Customer has independently assessed the suitability of the product for the Customer’s professional, technical, operational, regulatory and commercial needs.
4. Orders and order acceptance
Submitting an order through the website constitutes a purchase proposal by the Customer.
The automatic order confirmation e-mail only confirms technical receipt of the order and does not necessarily constitute final acceptance of the order.
The contract is concluded only when the order is accepted by Bioskin Italia, which may occur by order confirmation, order processing, shipment of the goods or equivalent communication.
Bioskin Italia reserves the right to refuse, suspend or cancel an order, even after receipt, in case of product unavailability, obvious price or description error, incomplete or unverifiable data, non-payment, suspected fraudulent use of the website, failure to verify the required professional qualification, manufacturer changes or any other legitimate reason.
If a product is out of stock, unavailable, changed in its characteristics or affected by an obvious price or description error, Bioskin Italia may cancel the order without penalties for either party, or propose an alternative product, new availability date or updated price.
5. Delivery times
Any delivery times indicated on the website, 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.
For B2B Professional Customers, delivery delays do not constitute automatic grounds for cancellation, termination, refusal of goods, refund or damages, except in cases of wilful misconduct, gross negligence or mandatory legal provisions.
Delays due to carriers, manufacturers, suppliers, customs, force majeure, temporary unavailability, strikes, holidays, document checks, logistics issues or causes not directly attributable to Bioskin Italia shall not create liability for Bioskin Italia, to the maximum extent permitted by law.
6. Intra-EU shipping
For deliveries within the European Union, shipments normally do not involve import customs clearance between EU Member States.
The Customer remains responsible for providing accurate delivery, billing and tax information, including a valid VAT number where required for B2B intra-EU transactions.
Any costs arising from incorrect data, failed delivery, storage, repeated delivery attempts, return to sender or new shipment are borne by the Customer, to the maximum extent permitted by law.
7. Extra-EU shipping, customs and DAP delivery
All shipments to countries outside the European Union are made, unless otherwise expressly agreed in writing, 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 import duties, local VAT, customs clearance costs, brokerage fees, storage charges, administrative charges, documentation costs or any other costs required in the country of destination.
All customs duties, import VAT, local taxes, brokerage fees, clearance fees, storage fees, administrative costs and any other charges required by the authorities, carrier or customs broker 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 necessary for importation.
Bioskin Italia is not responsible for delays, storage, seizure, return, abandonment, destruction or non-delivery of goods caused by customs procedures, import restrictions, missing documentation, incorrect data, non-payment of import charges or non-cooperation by the Customer.
8. Refusal of customs clearance and forced return
If the Customer refuses delivery, refuses or fails to pay customs duties, import VAT, brokerage fees or clearance charges, fails to provide documents required for customs clearance, fails to cooperate with the carrier or customs authorities, or otherwise prevents delivery of an Extra-EU shipment, the goods may be returned to Bioskin Italia, abandoned, destroyed, seized or held by the carrier or customs authorities.
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, if goods are returned to Bioskin Italia due to customs refusal, non-payment, non-cooperation, incorrect data or failure to clear the goods, any refund, where granted, will be calculated after deduction of all costs incurred, including outbound shipping, return shipping, customs duties, import VAT, re-import charges, clearance fees, brokerage fees, storage fees, administrative costs, handling costs and any loss in value of the goods.
For B2B Professional Customers, if the goods are abandoned, destroyed, seized, retained by customs or otherwise not returned to Bioskin Italia for reasons not attributable to Bioskin Italia, no refund will be due.
For B2C Consumers, any deduction, limitation or exclusion of refund in such cases will be applied to the maximum extent permitted by applicable mandatory consumer law.
9. Delivery and inspection upon receipt
The Customer is responsible for the accuracy and completeness of billing and delivery data.
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. 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.
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, for example “damaged packaging”, “open parcel”, “wet box” or “product potentially damaged”.
A generic reservation may not be sufficient. 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.
10. Theft, loss, storage and failed delivery
Standard shipments normally include one delivery attempt and, in case of absence of the recipient, a second attempt according to the carrier’s conditions.
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.
In case of theft or loss of goods shipped with an insured carrier, Bioskin Italia may initiate the claim procedure with the carrier according to the applicable insurance terms and the technical times required by the carrier.
For B2B Professional Customers, any replacement shipment or refund, where due, may be considered only after completion of the verification procedure with the carrier and within the limits of the amounts actually recognised by the carrier or insurance, unless otherwise agreed in writing.
For B2C Consumers, mandatory consumer rules on delivery and passing of risk remain unaffected.
11. B2C right of withdrawal
For B2C Consumers, the statutory right of withdrawal applies where provided by law, in accordance with Articles 52 et seq. of Italian Legislative Decree No. 206/2005, the Italian Consumer Code, within the terms, procedures and exclusions set out in the Returns and Right of Withdrawal policy.
B2C Consumers must consult the Returns and Right of Withdrawal policy before purchasing, especially with regard to withdrawal terms, communication methods, return costs, condition of returned products and legal exclusions.
The B2C right of withdrawal is excluded in the cases provided for by Article 59 of the Italian Consumer Code, including but not limited to products made to the Consumer’s specifications or clearly personalised, products liable to deteriorate or expire rapidly, sealed software opened after delivery and sealed products not suitable for return due to health protection or hygiene reasons if opened after delivery.
For hygiene, health, safety and traceability reasons, returns will not be accepted for sterile products, single-use products, cosmetics, medical devices, consumables, accessories intended to come into contact with the skin or the patient, sealed products or products whose protective packaging has been opened, removed, damaged or tampered with, unless the product is actually defective or non-conforming within the limits provided by applicable mandatory law.
12. No right of withdrawal for B2B Professional Customers
For B2B Professional Customers, including VAT-registered professionals, companies, medical practices, clinics, healthcare facilities, institutions, resellers and professional operators, 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, duplicated purchase, change of plans or any other reason not directly related to an actual non-conformity of the product with the description published on the website at the time of purchase.
Bioskin Italia does not accept returns, replacements, exchanges or post-delivery cancellations for B2B purchases, except where the delivered product is actually non-conforming with the description published on the website at the time of purchase or has defects duly reported within the time limits and according to the procedures set out by law and the applicable conditions.
Any return must 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.
13. B2B complaints, defects and non-conformity
For B2B Professional Customers, complaints relating to wrong product, wrong quantity, visible damage, discrepancy from the product description, recognisable defects or other non-conformities must be notified to Bioskin Italia 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.
The complaint must include order number, invoice number, product code or name, detailed description of the alleged non-conformity, photographs of the packaging, shipping label, product, lot number and serial number where available, and any useful technical documentation.
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 any defect, non-conformity or liability by Bioskin Italia.
Only if an actual non-conformity or legally relevant defect is confirmed after verification, Bioskin Italia may, at its discretion and within the limits permitted by law, repair the product, replace it with an identical or equivalent product, supply the missing or correct component, or issue a credit note or refund where repair or replacement is impossible or unreasonable.
14. Warranty
For B2C Consumers, the legal guarantees provided by applicable mandatory consumer law apply.
For B2B Professional Customers, the provisions of the Italian Civil Code on sales and warranty for defects apply, where relevant, within the limits and according to the procedures provided by law and the applicable conditions.
Any commercial, conventional or manufacturer warranty applies only within the limits, duration, exclusions and procedures indicated by the manufacturer or by the party offering the warranty.
For B2B Professional Customers, unless mandatory law provides otherwise, the warranty is limited to the repair or replacement of parts, components or products that the manufacturer, service centre or Bioskin Italia recognises as actually defective in manufacturing or materials.
To the maximum extent permitted by law, the warranty does not cover defects or damage resulting from wear and tear, improper use, negligence, impact, fall, tampering, incorrect installation, insufficient maintenance, use of incompatible consumables or accessories, unsuitable environmental conditions, unauthorised third-party interventions or failure to follow the manufacturer’s instructions.
15. Payments and invoicing
Payment terms and methods indicated in the order, invoice, order confirmation or other commercial communication are essential in the interest of Bioskin Italia.
Bioskin Italia reserves the right to suspend order processing, delivery, assistance or further supplies in case of non-payment, partial payment, delayed payment, unpaid amounts, payment dispute, chargeback or irregular data.
Payments made using terms or methods different from those agreed, even if accepted, shall be considered mere tolerance and shall not modify the original payment conditions.
For B2B Professional Customers, the Customer may not suspend or delay payments due on the basis of complaints, support requests, unauthorised returns, alleged non-conformities or other objections, unless otherwise agreed in writing or required by mandatory law.
Any request to amend tax or billing data after the invoice has been issued may be refused where not permitted by applicable law or by the tax and management systems used.
16. Offers, discounts, promotions and free gifts
Offers, discounts, promotional codes, special conditions and free gifts cannot be combined, unless otherwise stated in writing.
Special offers are subject to limited availability and may concern promotional packaging, special versions, specific lots or products available while stocks last.
Free gifts, samples, promotional items or complimentary products included in an order have no independent commercial value, are not convertible into cash, are not refundable and do not entitle the Customer to replacement, except where mandatory law provides otherwise.
Technical assistance for products supplied free of charge, gifts, samples or promotional items may be excluded or limited, except where mandatory law provides otherwise.
17. Limitation of liability
To the maximum extent permitted by law, Bioskin Italia shall not be liable for indirect, consequential, punitive, special or incidental damages, loss of profit, loss of data, loss of business opportunity, business interruption, reputational damage or other losses arising from purchase, delivery delay, customs procedures, return procedures, use of the website or use of products, except in cases of wilful misconduct, gross negligence or mandatory liability under applicable law.
For B2B Professional Customers, the total liability of Bioskin Italia, where established, shall not exceed the price of the product giving rise to the specific claim, except in cases of wilful misconduct, gross negligence or mandatory liability under applicable law.
18. Reference to complete conditions
Before placing an order, the Customer must carefully read this Customer Information page, the Terms and Conditions of Use and Sale, the Returns and Right of Withdrawal policy, the Privacy Policy and any other information published on the website.
Submitting an order implies acceptance of the conditions applicable to the purchase, including, for B2B Professional Customers, the exclusion of the consumer right of withdrawal and the limitation of returns to cases of actual verified non-conformity with the description published on the website at the time of purchase.
19. Legal references
This Customer Information 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, Articles 52 et seq., consumer right of withdrawal in distance contracts;
- Italian Legislative Decree No. 206/2005, Consumer Code, Article 59, exceptions to the right of withdrawal;
- Italian Legislative Decree No. 206/2005, Consumer Code, Article 63, passing of risk in consumer contracts;
- 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.