Returns and Right of Withdrawal
This page sets out the conditions applicable to withdrawal, returns, replacements, complaints and refund requests for products purchased through the website of Bioskin Italia S.r.l., with registered office at Via Corrado Masetti n. 7, 40127 Bologna, Italy, VAT No. 04331000374, hereinafter “Bioskin Italia” or the “Seller”.
The applicable conditions differ depending on the type of Customer and on the destination of the shipment. In particular, the following distinctions apply:
- 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;
- Intra-EU sales: sales with delivery within the European Union;
- Extra-EU sales: sales with delivery outside the European Union, which may involve customs duties, import VAT, clearance charges, administrative fees and additional costs.
Before placing an order, the Customer must carefully check the product description, technical specifications, intended use, compatibility, quantities, accessories included, possible limitations of use and any other information shown on the product page.
1. Right of withdrawal for B2C Consumers
Where the purchase is made by a B2C Consumer, the Consumer may exercise the statutory right of withdrawal, where applicable, in accordance with Articles 52 et seq. of Italian Legislative Decree No. 206/2005, the Italian Consumer Code, and the applicable EU consumer protection rules.
The Consumer may withdraw from the contract without giving any reason within 14 days from the day on which the Consumer, or a third party appointed by the Consumer other than the carrier, physically receives the product.
In the case of multiple goods ordered in one order and delivered separately, the withdrawal period expires 14 days after the day on which the Consumer, or a third party appointed by the Consumer other than the carrier, physically receives the last item.
2. How B2C Consumers may exercise the right of withdrawal
To exercise the right of withdrawal, the B2C Consumer must inform Bioskin Italia of the decision to withdraw from the contract by means of a clear and explicit statement before the withdrawal period expires.
The withdrawal request may be sent by:
- the procedure available in the customer account area, where available, under “My Account” and “Order history and details”, selecting or indicating “Return due to withdrawal”;
- registered letter with return receipt sent to Bioskin Italia S.r.l., Via Corrado Masetti n. 7, 40127 Bologna, Italy;
- fax to +39 051 6339168;
- any other clear and unequivocal statement sent to the official contact details of Bioskin Italia.
The withdrawal communication must indicate the order number, the product or products for which withdrawal is being exercised and must include a copy of the purchase documentation.
Bioskin Italia will confirm receipt of the withdrawal request, where technically possible, by e-mail to the address provided by the Customer during the purchase process.
For contracts concluded through an online interface, where and when required by applicable mandatory law, the Consumer may also use any digital withdrawal function made available on the website.
3. Return of products following B2C withdrawal
The B2C Consumer must return the products without undue delay and in any case within 14 days from the day on which the Consumer informed Bioskin Italia of the decision to withdraw.
The products must be returned:
- substantially intact;
- not used beyond what is strictly necessary to establish their nature, characteristics and functioning;
- in their original packaging, complete and undamaged;
- complete with all accessories, manuals, certificates, labels, seals, internal and external packaging, any free gifts and any other item supplied with the product;
- properly packed to prevent damage during transport.
Unless otherwise instructed in writing, products must be returned to:
Bioskin Italia S.r.l.
Via Corrado Masetti n. 7
40127 Bologna, Italy
The direct cost of returning the goods is borne by the Consumer, unless otherwise required by mandatory law or expressly agreed in writing by Bioskin Italia.
4. Exclusions from the B2C right of withdrawal
The right of withdrawal does not apply in the cases provided for by Article 59 of the Italian Consumer Code and by the applicable consumer protection rules.
By way of example, and without limitation, the right of withdrawal is excluded for:
- products made to the Consumer’s specifications or clearly personalised;
- products which are liable to deteriorate or expire rapidly;
- sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery;
- sealed software, digital media or similar products which have been opened after delivery;
- goods which, after delivery, are by their nature inseparably mixed with other items;
- products that have been used, damaged, altered, opened, installed, handled beyond what is permitted by law, or returned incomplete or without original packaging, except where mandatory law provides otherwise.
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.
5. Refunds following valid B2C withdrawal
In the event of a valid withdrawal by a B2C Consumer, Bioskin Italia will refund the payments received from the Consumer as required by applicable mandatory law.
The refund will be made, where possible, using the same payment method used by the Consumer for the original transaction, unless the Consumer has expressly agreed otherwise.
Bioskin Italia may withhold the refund until it has received the returned products or until the Consumer has supplied evidence of having sent back the products, whichever occurs first, where this is permitted by applicable law.
The Consumer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If the returned product is used, damaged, incomplete, missing original packaging, missing accessories or otherwise not returned in accordance with the above conditions, Bioskin Italia may reduce the refund to reflect the diminished value of the product, to the maximum extent permitted by applicable law.
6. No right of withdrawal for B2B Professional Customers
The statutory right of withdrawal provided for consumers does not apply to purchases made by B2B Professional Customers.
Purchases made by VAT-registered professionals, companies, medical practices, clinics, healthcare facilities, institutions, resellers, professional operators or any other person purchasing in the course of a business, commercial, craft or professional activity are final.
B2B Professional Customers have no right to return, exchange, replace or cancel goods after delivery due to change of mind, ordering error, incompatibility with their own 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 applicable law and these conditions.
7. B2B complaints, defects and non-conformity
For B2B Professional Customers, any complaint relating to wrong product, wrong quantity, visible transport damage, discrepancy from the product description published on the website, 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 written complaint must include:
- order number and invoice number;
- product code or product name;
- detailed description of the alleged non-conformity;
- clear photographs of the external packaging, shipping label, product, lot number and serial number, where available;
- any technical documentation useful for verification;
- confirmation of whether the product has been opened, used, installed, altered or tampered with.
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 any mandatory provisions of law.
Opening a return request, support request or replacement request does not constitute acceptance of the complaint or acknowledgement of any defect, non-conformity or liability by Bioskin Italia.
8. Prior written authorisation required for all returns
Any return of goods, whether for B2C withdrawal, alleged non-conformity, warranty assessment or any other reason, must be previously authorised in writing by Bioskin Italia.
Products sent back without prior written authorisation will not be accepted. Unauthorised shipments may be refused, returned to the sender or held at the Customer’s disposal, with storage, handling, return shipping, customs and administrative costs charged to the Customer, to the maximum extent permitted by law.
Bioskin Italia does not accept returns sent cash on delivery, carriage forward or with shipping costs charged to Bioskin Italia, unless expressly authorised in writing.
9. Verification and remedies for B2B purchases
In the event of a B2B complaint, Bioskin Italia reserves the right to inspect the product directly or through the manufacturer, distributor, authorised service centre, laboratory or technical expert.
Only if an actual non-conformity with the product description published on the website at the time of purchase, or a legally relevant defect, is confirmed, Bioskin Italia may, at its discretion and within the limits permitted by law:
- repair the product, where technically possible;
- replace the product with an identical or equivalent product;
- supply the missing or correct component;
- issue a credit note or refund only where repair or replacement is impossible or unreasonable.
No automatic right to return the goods or obtain a refund exists for B2B Professional Customers unless a non-conformity or defect has been verified and acknowledged.
10. Intra-EU returns
For shipments delivered within the European Union, returns must be made in accordance with the instructions provided by Bioskin Italia.
The Customer is responsible for properly packing the product, choosing a suitable and traceable shipping method and ensuring that the product reaches Bioskin Italia intact, complete and undamaged.
For B2C Consumers, the direct cost of returning the goods is borne by the Consumer, unless otherwise required by mandatory law or expressly agreed in writing by Bioskin Italia.
For B2B Professional Customers, return shipping, handling, insurance and any related costs are borne by the Customer unless Bioskin Italia has expressly accepted otherwise in writing.
11. Extra-EU returns and customs costs
Extra-EU returns are significantly more complex and costly due to customs procedures, import and re-import formalities, duties, VAT, brokerage fees, clearance charges, storage fees and administrative costs.
For any return from outside the European Union, the Customer must obtain prior written instructions from Bioskin Italia before shipping the goods back.
The Customer is responsible for correctly preparing all customs and transport documents, clearly indicating that the shipment is a return of goods to the original seller, where applicable, and ensuring that the return does not generate import charges, duties, taxes, customs penalties, clearance costs or administrative costs for Bioskin Italia.
If Bioskin Italia is charged any customs duties, import VAT, clearance fees, brokerage costs, storage fees, penalties, return-to-sender charges or administrative costs due to an Extra-EU return, such amounts may be deducted from any refund or charged to the Customer, to the maximum extent permitted by applicable mandatory law.
Bioskin Italia may refuse or suspend acceptance of an Extra-EU return if the shipment is not properly documented, if customs charges are imposed on Bioskin Italia, if the return is unauthorised, or if the returned goods cannot be cleared through customs.
For B2B Extra-EU purchases, all costs, risks, customs formalities, re-import costs, duties, taxes, brokerage fees, storage charges, inspections, administrative costs and return shipping costs connected with the return are borne exclusively by the B2B Professional Customer, unless Bioskin Italia has expressly agreed otherwise in writing.
For B2C Extra-EU purchases, any deductions, limitations or exclusions of refund will be applied to the maximum extent permitted by applicable mandatory consumer law, particularly in cases of refused customs clearance, non-cooperation by the Customer, unauthorised return, incorrect customs documentation, goods not received back by Bioskin Italia or diminished value of the returned goods.
12. Refusal of customs clearance and forced returns
If the Customer refuses delivery, refuses 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 situations 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 the goods are returned to Bioskin Italia as a result of customs refusal, non-payment of charges, 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 B2C Consumers, the same deductions may be applied to the maximum extent permitted by applicable mandatory law, especially where the costs arise from the Consumer’s refusal, non-cooperation or failure to complete customs procedures.
If the goods are abandoned, destroyed, seized, lost, retained by customs or otherwise not returned to the physical possession of Bioskin Italia for reasons not attributable to Bioskin Italia, no refund will be due to B2B Professional Customers. For B2C Consumers, any refund may be excluded or limited to the maximum extent permitted by applicable mandatory law.
13. Non-refundable Extra-EU costs
Customs duties, import VAT, local taxes, brokerage fees, clearance fees, storage charges and administrative costs charged by customs authorities, carriers or third parties are not amounts collected by Bioskin Italia as part of the product price, unless expressly stated otherwise.
Such charges are therefore not refundable by Bioskin Italia. Any request for reimbursement of import duties, taxes or customs charges must be addressed by the Customer to the competent customs authority, carrier or tax authority, where applicable.
14. Return conditions and inspection
Returned products must be received by Bioskin Italia in a condition suitable for inspection.
Products that are damaged, incomplete, used, altered, contaminated, missing original packaging, missing accessories, missing serial numbers, missing seals or returned in unsuitable conditions may be refused, returned to the Customer or subject to a reduction or exclusion of refund, to the maximum extent permitted by applicable law.
If, after inspection, the product is found not to be defective or non-conforming, Bioskin Italia may return the product to the Customer and charge the Customer the costs of inspection, handling, storage, shipping, customs and administration, to the maximum extent permitted by law.
15. Legal references
This policy 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, Articles 56 and 57, obligations of the trader and consumer in case of withdrawal;
- 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.
For anything not expressly provided for in this policy, the Terms and Conditions of Use and Sale, the Customer Information page and the applicable Italian law shall apply.