Terms and conditions

The Seller invites you to carefully read these General Conditions of Sale before making any purchase via the Site.

This document contains the General Conditions of Sale that govern online purchases made through the website www.biokamino.com (“Site”), owned by Car-Z-Met S.r.l. as identified below.

The products and services purchased on the Site are sold directly by Car-Z-Met S.r.l., with registered office in 21040 Uboldo (VA), Via Matteotti n. 14, VAT number 02352510123, registered in the Varese Company Register, email: info@biokamino.com – tel. 02.96781660.

The website www.biokamino.com is managed directly by the company Dnamicom SAGL, with registered office in 6850 Mendrisio, at Via Oldelli n. 2, Canton Ticino (CH) and is registered in the Commercial Register of the Canton Ticino with the no. CHE-248.241.543.

For further information, you can contact the Seller’s Customer Service by telephone at 02.96781660 or via the contact form that may be present on the site.

The Seller reserves the right to modify these General Conditions of Sale at any time; any new rules will be effective from the moment of their publication on the Site and will apply to sales that will be made starting from their publication.

Before proceeding with the transmission of the order and, therefore, the conclusion of the purchase contract, the Customer is required to carefully read and approve the General Conditions of Sale in force together with all the information that the Seller provides through the Site, both before and during the purchase procedure. The General Conditions of Sale are made available to the Customer through the “Conditions of Sale” section of the Site, accessible through the link of the same name on the Site.

All elements of the Site are the property of the Seller or third parties. Unless specifically authorised in writing by the Seller, it is forbidden to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Site.

1. DEFINITIONS

1.1 Customer: the Consumer and/or Professional, as defined below.

1.2 Consumer: a natural person, of legal age or otherwise capable of acting in accordance with the law, who places an order on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out subject to the legislation referred to in Legislative Decree no. 206/2005 and subsequent amendments and additions.

Professional: the natural or legal person who acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary and subject to the regulations set forth in Legislative Decree no. 206/2005 and subsequent amendments and additions (Professionals are considered to be natural persons who, while purchasing the products for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, avail themselves of the collaboration of Professionals such as surveyors, architects or designers or request the purchase of products made to measure or personalized.

1.3 Seller: Car-Z-Met S.r.l., with registered office in 21040 Uboldo (VA), at via Matteotti n. 14, VAT number 02352510123, commercial company with which the Customer concludes the purchase contract and which deals with selling the products at its own expense and responsibility to the Customer.

1.4 Price: the contractual price indicated in the Order Confirmation, including VAT.

1.5 Product/s: the products present in the electronic catalogue published on the Site, as described in the relevant product sheets and indicated in the Order Confirmation.

 

2. TRADE POLICY – SCOPE OF APPLICATION

2.1 The mission is to promote and sell the Seller’s products to both Private Individuals and Professionals. Access to the Site and the purchase of Products through the Site are permitted to all Customers residing in the countries of the European Union and the United Kingdom, provided that, if natural persons, they have the legal capacity to enter into binding agreements in compliance with applicable law.

These Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products between Customers and the Seller through the Site (“Conditions of Sale”). The delivery of Products purchased through the Site can be carried out only and exclusively in the countries of the European Union and the United Kingdom.

2.2Where the Site allows it, entering the tax code when making a purchase implies that the Customer is acting as a Consumer (see art. 1.2), whereas if the possibility of entering the VAT number (personal or legal person) is given, this implies that the purchase is made as a “Professional” (see art. 1.3). The implications of purchasing as a Consumer rather than a Professional will be described later in this document.

2.3 These Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller that are present on the Site through any links, banners or other hypertext connections. Before placing purchase orders for products and/or services from parties other than the Seller, the Customer is invited to verify their conditions of sale. The Seller, in fact, is not responsible for the supply of services by third parties other than the Seller or for the conclusion of electronic commerce transactions between users and third parties.

2.4 In the event of an IT, manual, technical or any other error that may result in a substantial change, not foreseen by the Seller, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the Supplier will proceed without undue delay to reimburse the price that the Customer may have already paid, after notifying the Customer.

2.5 The Seller reserves the right to verify and evaluate the correctness and good faith of the Customer, in particular in the event of incorrect or truthful data being entered. If the Customer’s behavior is found to be unlawful and incorrect, the Seller reserves the right to take all necessary actions to put an end to the irregularities.

2.6 The terms indicated are to be understood as working days, excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colors may differ from the actual ones due to the settings of the computer systems or computers used by you to view them.

2.7 Unless otherwise agreed with the Seller, orders cannot be placed by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the Customer.

 

3. HOW TO CONCLUDE THE CONTRACT WITH CAR-Z-MEt S.r.l.

3.1 To conclude the Purchase Agreement (“Contract”),

1. a)the Customer must follow the procedure on the site, entering the requested data. The sales contract is concluded when the order and the consequent payment reaches the Seller.

The Customer assumes responsibility for the truthfulness and correctness of the personal data entered and released to the Seller when sending the order. It is understood that any damage/delay/inconvenience referable and/or attributable to the incorrectness and/or untruthfulness of the personal data entered may in no case be charged to the Seller. In any case, before proceeding with the transmission of the order, the Customer may identify and correct any errors in data entry by returning to the relevant data entry forms.

1. b)You guarantee that the personal information provided is complete and truthful and undertake to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the violation of this commitment. You undertake to inform the Seller immediately in the event that you suspect or become aware of an improper use or improper disclosure of the login credentials to the Site.
2. c) The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.
3. d) the Customer must fully fill in the data requested from time to time in the order procedure on the Site, accept these General Conditions of Sale and send their order to the Seller, following the instructions that will appear from time to time; the order thus sent by the Customer has the value of a contractual proposal and the Seller reserves the right to accept (or not) such proposal.
4. e) before proceeding with the transmission of the order, the Customer undertakes to carefully verify the correctness of the data entered. Any additional costs arising from the incorrectness of the data entered may be charged to the Customer.
5. f) After purchasing, the Customer will receive an automatic email confirming the order.
6. g) The seller will then verify the actual payment of the amount due and the Customer will receive an automatic email confirming “order processing”.

3.2 Before proceeding with the purchase of the Products by transmitting the order form, the Customer is required to carefully read the General Conditions of Sale. In particular, before the conclusion of the online purchase procedure and payment, the Customer will be invited to read and accept these Conditions of Sale.

3.3 By submitting the order form, the Customer unconditionally accepts and undertakes to observe, in relations with the Seller, these Conditions of Sale. If the Customer does not agree with some of the terms reported herein, he/she is invited not to submit the order form for the purchase of products on the site.

3.4 By submitting the order form, which occurs after clicking on the “Proceed to payment” button, the Customer confirms that he/she also knows and accepts the additional information contained on the site and in the Information on the processing of personal data.

3.5 The language available to the Customer to conclude the contract with the Seller is Italian.

3.6 Product prices may be subject to updates. The Customer is required to verify the final sale price before submitting the relevant order form.

• 7Any requests for delivery to countries other than Italy and countries of the European Union and the United Kingdom (see the “Shipping and delivery of products” section) must be agreed with the Seller before purchase..

3.8 The Seller may not process purchase orders placed by the Customer if sufficient guarantees of solvency are not provided or if the data provided by the latter are incomplete or incorrect. In these cases, the Seller will inform the Customer, via email or through Customer Service, of the failure to conclude the contract, indicating the reasons why it was not possible to proceed with the order. The Seller will refund any price already paid according to the methods described below (see section “Refund times and methods”).

3.9 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the entity to which the user addresses his/her order, in order to accept the offer and conclude the sales contract; (ii) the entity that assumes towards the user the pre-contractual obligations deriving from the offer; (iii) the entity that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.

3.10 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own commercial banner. Therefore, when the Seller’s banner or the first person plural (“We”) is used on the Site and/or in communications with customers relating to the Site, the reference is to be understood not only to the Site but also to the Seller.

3.11 The Seller does not provide any guarantee that the Site is constantly functional and operational. In fact, updates to the CMS platform may occur that could imply a temporary suspension of the service. The Seller does not assume any type of responsibility with reference to any type of prejudice or damage that the Customer may suffer from this circumstance.

3.12 Unless otherwise agreed with the Seller, orders cannot be placed by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

4. Product availability

4.1 The Products offered on the Site are limited in number. The Site provides information on the availability of the Products, which is continuously monitored and updated. However, it may happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent. In such cases, therefore, the Product may appear available for a short period of time, but may be out of stock or not immediately available and it may be necessary to wait for it to be restocked.

4.2 The Customer will be informed in case of unavailability of the ordered Product and will have the right to terminate the purchase contract. In any case, the Customer before requesting the termination of the contract, keep in mind that the Seller reserves the right to implement these measures:

• if restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the Customer;
• If restocking is possible, the Seller will propose an extension of the delivery terms, indicating the new term.

4.3 If the Customer, despite the alternatives proposed by the Seller, requests a refund of the amount paid for the purchase of Products which subsequently turned out to be unavailable, the refund will be made within a maximum of 10 days.

4.4In the event that the Customer, instead, avails himself of the right of termination, the contract will be considered terminated and the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” (see below).

 

5. PRICES

5.1 On the Site, prices include VAT.
5.2 The price of the products may be modified by the Seller at any time and without notice. In any case, the price that will be charged to the Customer will be the one indicated on the site at the time of purchase of the product. Any price changes that may occur after the order has been sent will not be taken into consideration.

5.3 Shipping costs for the Products are borne by the Customer, unless otherwise stated.

5.4 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to the Customer at the time of shipment, meaning the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to the Customer when the Customer himself, or a third party designated by the Customer and other than the carrier, physically takes possession of the Products.

5.5 The purchase contract is subject to termination upon non-payment of the Total Amount Due. Unless otherwise agreed and signed with the Customer, the order will be consequently cancelled.

5.6 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct price to the Customer even after the conclusion of the purchase order. In this scenario, the customer has the right to accept the new price or to dissolve the purchase contract. The Seller may also cancel the purchase contract of the Product in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

 

6. ORDER CANCELLATION

6.1 Without prejudice to the provisions regarding withdrawal, it is possible to cancel an order by contacting Customer Service at 02.96781660.

6.2 Without prejudice to the right of withdrawal, it is not possible to cancel an order once the shipping process has begun.

6.3 In the event that, at the time of cancellation of an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to proceed with the refund procedure (as described in the “Refund times and methods” section).

 

7. PAYMENTS

7.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.

7.2 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.

7.3 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.

7.4 Except in specific cases indicated on the Site, the Customer cannot make purchases on the Site using payment cards. Although payments with credit and/or debit cards are not currently accepted on the Site, the Customer is invited on the occasion of subsequent purchases to view these General Conditions of Sale to verify the possibility of purchasing with a credit and/or debit card.

7.5 On the Site it is possible to pay by bank transfer. After sending the purchase order, the Customer will receive by email the bank details to proceed with the payment. If the payment does not occur within 3 calendar days, the Seller reserves the right to cancel the purchase order.

7.7 Site you can complete the purchase by entering discount codes, coupons or vouchers.

7.8 Any alternative methods other than those indicated above are or will be described in this article.

7.9 On the Site it is also possible to make purchases using the PayPal payment solution. If the Customer chooses PayPal as the payment method, he/she will be redirected to the site www.paypal.it where he/she will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to the Customer’s PayPal account or the data of any other payment instrument connected to that account.

 

8. SHIPPING AND DELIVERY OF PRODUCTS

8.1 The Seller ships its products to the countries of the Union via carrier/courier. The user can always contact the Seller to have more information regarding the delivery of the Products; for example to know if delivery is possibly planned in countries other than those indicated on the Site.

8.2 The Seller undertakes to do everything necessary to respect the delivery times indicated above, but cannot, within the limits set by applicable law and without prejudice to the inalienable rights of consumers, be held responsible for damages or inconveniences caused by any delays.

8.3 The countries to which the Seller ships are exclusively those belonging to the European Union unless otherwise agreed with the Seller prior to purchase. Purchases through the Site are therefore permitted to Customers, regardless of their nationality and/or place of residence and/or establishment, it being understood, however, that the delivery of the Products can only and exclusively take place in the countries indicated above.

8.4 The cost for each shipment, associated with an order, will vary based on the following parameters: the type of delivery, the destination and the total weight of the Products purchased with the single order, and will in any case be explicitly stated both during the purchase procedure and transmission of the order and in the Order Confirmation.

8.5 All the above costs are inclusive of VAT, in the amount of the applicable law.

8.6 Upon delivery of the purchased Product by the courier, the Customer is required to check the conditions of the delivered Product, that the number of packages delivered corresponds to that indicated in the transport document and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal straps). In the event of anomalies or damage, the complaint must be made immediately to the courier, by refusing delivery or by inserting the wording “ACCEPTED WITH RESERVATION” in the goods receipt document presented by the courier and promptly reporting the incident to Customer Service. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when the Customer, or a third party designated by the same and other than the carrier, physically takes possession of the Product.

8.7 Delivery by shipment is intended to be at street level and will be carried out, unless otherwise indicated, from Monday to Friday during normal office hours (from 9:00 to 18:00), excluding national holidays and only on the national territory.

8.8 With reference to the possibility of requesting delivery of the Products to a “collection point”, the Seller informs that the Site offers the possibility of collecting the Product from a “collection point” other than the address communicated by the Customer during the purchase process.

8.9 The user acknowledges that the collection of the Product is his/her specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and to request compensation for any damage suffered as a result of failure to collect the Product.

9. RIGHT OF WITHDRAWAL

9.1 Pursuant to Article 52 et seq. of the Consumer Code, only the Consumer Customer will have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and with the methods indicated in the following articles.

If the Customer has purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are reported in this Article 9. If there are no exceptions to the right of withdrawal, this Article 9 shall apply in full.

9.2To exercise the right of withdrawal, the Consumer Customer must inform the Seller within 14 days from the date of receipt of the Products (at the requested address) by writing to the contacts indicated in the Introduction.

The right of withdrawal is correctly and validly exercised if the relevant communication is sent to the Seller before the expiry of the Withdrawal Period (equal to 14 days). Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In the event of exercising the right of withdrawal, the Product must be delivered to the Seller’s headquarters, or to the different address communicated by the Seller.

9.3 Once the aforementioned withdrawal notice has been received, the Seller reserves the right to verify compliance with the terms for exercising the right of withdrawal, i.e. within 14 days from the date of receipt of the Products by the Consumer Customer and will send, through its Customer Service, an email of “opening of return” to the Customer, in the event that the withdrawal is accepted, or of “denial of withdrawal” indicating the reasons why the same cannot be exercised.

The Product to be returned must reach the Seller within 14 days of receipt of the communication of the opening of the return for withdrawal.

9.4 The Withdrawal Period expires after 14 days, calculated:

• in the case of an order relating to a single Product, from the day on which the Consumer Customer or a third party, other than the carrier and the designated Consumer Customer, acquires physical possession of the Products;
• in the case of a Multiple Order with separate deliveries, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last Product; or
• in the case of an order relating to the delivery of a Product consisting of multiple batches or pieces, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last batch or piece.
• In the event that the fireplace is put into operation by filling it with bioethanol and lighting it, in this case the product is considered accepted in its construction components and of full satisfaction, any incorrect functioning will be attributable to construction defects and covered by the Legal Guarantee as per the following art. 11, it will still be possible to return it by accepting a decrease in value, agreed with the Seller, as it is a “used” item.

9.5 In the event of withdrawal communicated by the Consumer Customer according to the methods set out in the previous paragraph, and without prejudice to the provisions of the following paragraphs (decrease in value and partial withdrawal), the Seller will reimburse the Consumer Customer for all amounts paid by the latter, including those for delivery costs of the Products (except for Additional Services), where applicable. The aforementioned reimbursement will be retained by the Seller until the latter has received the products. The return shipment, which will be carried out AUTONOMOUSLY, is under the complete responsibility of the Consumer Customer until the certificate of receipt in the warehouse indicated by the Seller.

The Customer is solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product itself. The latter must however be handled with normal diligence and returned intact, complete in all its parts, perfectly functional, complete with all accessories, manuals/illustrative sheets and disposable seals, where present, still attached to the Product and intact and not tampered with, as well as free from signs of use, and, if possible, in the original packaging. Upon arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not resulting from transport. In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product or the original packaging and/or wrapping are damaged, the refund amount may be reduced by an amount equal to such decrease in value. The Seller will communicate this circumstance and the resulting reduced refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund.

9.6 In consideration of the characteristics of the Products sold by the Seller, the right of withdrawal applies exclusively to the Product purchased in its entirety; it is not possible to exercise withdrawal only on one or more parts of the purchased Product. In the case of Orders including multiple Products, it will be possible to exercise withdrawal in relation to one or more Products of the Order, specifying the Products that you intend to return in the withdrawal notice. In these cases, the refund will be made according to the methods indicated in the previous article, with the specification that the shipping costs may not be refunded or may be refunded only in part. In fact, if as a result of the partial withdrawal, the total amount of the Order should fall below the threshold that allowed the Customer to obtain free shipping or at a more favorable price, the shipping costs will not be refunded as they are to be attributed to the delivery of the Products not subject to the withdrawal.

9.7 Regardless of the correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums will always be made by the Seller in favor of the person who made the payment (identified as the holder of the current account from which the bank transfer used for the purchase was made). In the event of payment made totally or partially with a PayPal Account, the refund will be made to the same Account. In the event of total or partial payment via PayPal by an unregistered Customer (without an account and, therefore, payment made by credit card or any other payment instrument), since the Seller cannot in any way know and store the data of the card with which the Customer made the payment, the refund will be made by the Seller by bank transfer, to a current account that will be indicated by the Customer.

9.8 The Right of Withdrawal is considered to be exercised correctly if the conditions required by the Consumer Code are respected by the Consumer Customer and the communication of withdrawal is complete in its essential parts.

9.9 For return methods, see the following article 11.

10. REFUND TIMES AND METHODS

10.1 Without prejudice to other cases provided for by the applicable legislation and without prejudice to the case of withdrawal (see Article 9), a refund procedure may refer to other different types of situations:

1. partial refund relating to an order for which one or more products are unavailable and/or, in any case, in the cases of refunds provided for in these Conditions.

10.2 Whatever the payment method used by the Customer and except as indicated in the matter of withdrawal in the preceding article 9, the refund is activated by the Seller as soon as possible and in any case within 14 (fourteen) days from the relevant communication of notice of unavailability of the products or from the Cancellation Notice Communication of the order/termination of the Contract in other cases, using where possible the same payment channel with which the order was placed. The times for re-crediting then depend on the chosen payment system, with the consequence that once the request has been made, The Seller cannot be held responsible for any delays or omissions in crediting, caused by the delay of the procedures of the banking system or the payment channel used.

10.3 Regardless of the correspondence between the recipient of the Products indicated in the Form of the Order and the person who made the payment of the sums due for their purchase, the refund of the sums will always be made by the Seller in favour of the person who made the payment (identified as the holder of the current account from which the transfer was made) bank used for the payment of the Price).

 

11. RETURNS AND COLLECTIONS FOR REPAIRS, REPLACEMENT AND WITHDRAWAL

11.1. The return of the goods, in all cases (repairs, replacements and withdrawal), must first be authorised by the Company. The return of the goods can be requested for incorrect supply, repair (or replacement) under warranty, or for out-of-warranty repairs and in the event of withdrawal.

11.2 The return request for incorrect supply or for defects in the supply verifiable upon delivery must be sent no later than 8 days after receipt of the goods. It is therefore the Customer’s obligation to verify the supply immediately after delivery of the same and within the aforementioned deadline.

11.3 The packaging of the goods for return must be carried out by adopting all necessary precautions to avoid damage during transport. The equipment must be returned in its original packaging and must not be in any tampered with. The packaging must be kept for the entire warranty period and used for the return, otherwise the packaging costs will be charged to the Customer.

 

12. LEGAL WARRANTY OF CONFORMITY AND AFTER-SALES ASSISTANCE INTERVENTIONS

12.1</ strong> The Legal Guarantee of Conformity is reserved for the Consumer Customer. It therefore applies only to users who have made the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out.

12.2 The Seller is liable to the Consumer Customer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The action aimed at asserting defects not fraudulently concealed by the Seller expires, in any case, within twenty-six months of delivery of the goods.

12.3 Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will instead be the responsibility of the Consumer Customer to prove that the lack of conformity already existed at the time of delivery of the same.

12.4 In the event of a lack of conformity of the goods, the Consumer Customer has the right to have the conformity restored, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by art. 135 bis and subsequent articles of the Consumer Code.

12.5 The Seller pays the utmost attention to the adherence of what is described and presented on the site to what is reported in the technical sheet on the product packaging. In any case, it is emphasized that, where differences are found, the technical sheet and the instructions for use of the Product provided by the manufacturer will always prevail.

The Seller reserves the right to request images/photos/videos in order to carry out a preventive assessment. The Seller reserves the right to ask the user to attach to the request to use the legal guarantee of conformity, the Order Confirmation and/or the DDT or other document proving the date of purchase and the delivery date. Except in cases where the remedies of price reduction and termination of the contract apply, the Seller, having verified compliance with the above, will indicate to the Customer the procedures envisaged for the repair or replacement of the product under warranty. The Seller, where necessary, will arrange, at its own expense, for the defective Product to be collected by a courier, directly from an address indicated by the Customer. In this case, unless otherwise indicated by the Seller, the Customer must make the Product available for collection complete with all its parts. After receiving the product, the Seller will evaluate the actual alteration and, in the event of a positive finding and without prejudice to any requests by the Customer regarding the remedy to be implemented as per applicable law, will repair or replace the goods at its own expense, within and no later than 30 (thirty) days from the date of receipt of the return.

12.6 In the event of a negative response, the Seller will promptly communicate the negative outcome of the return procedure to the Customer, to whom no replacement product will be sent. In any case, the Customer may, at his own expense, collect the product from the Seller no later than 30 (thirty) days from the communication of the negative outcome of the procedure, without prejudice to the rights recognized to the Customer by law.

12.7 Except as otherwise provided by the applicable legislation and without prejudice to the inalienable rights of consumers, the Seller is not responsible or obliged to compensate for indirect, intangible or collateral damages, including (without limitation): loss of profit, loss of earnings, limitations on production, administrative or personal costs, loss of customers or legal actions by third parties.

12.8 If the Customer has made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by art. 1490 et seq. of the Civil Code, in particular, the term for reporting any defects is 8 days from discovery and the action is subject to a 1-year limitation period from delivery.

In any case, the Seller reserves the right to request images/photos/videos in order to carry out a preventive assessment of any defects complained of. The Seller also reserves the right to ask the user to attach to the request to use the Warranty for defects of the item sold, the Order Confirmation and/or the DDT or other document proving the date of purchase and the delivery date as well as to assess the actual alteration of the product.

12.9 In the event of a negative response, the Seller will promptly notify the Professional Customer.

12.10 The essential characteristics of the products, in any case, are indicated on the Site in correspondence with each Product detail page. The images and colors of the products offered for sale may however not correspond to the real ones due to the Internet browser and monitor used. The Seller assumes no responsibility if the color of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the color of one or more Products present on the Site.

It is therefore understood that, without prejudice to the indications given on the product data sheet and without prejudice to the right of withdrawal (see art. 9), the user may not raise any objection against the Seller, in the event that the delivered Product does not coincide with the image of the Product shown on the Site in terms of color/shape/size. The Seller reserves the right to modify the packaging of the Product at any time.

12.11 The Seller is not liable in the event of damage and/or any faults and/or malfunctions caused by accidental events or by the user’s responsibility or by use of the product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

12.12 Any defects in conformity that can be detected upon delivery by external inspection of the purchased product and/or by comparison with the model ordered are not considered defects of conformity and are therefore exempt from the legal guarantee regulated by this article 12.

12.13 For return methods, see the previous article 11.

12. MANUFACTURER’S WARRANTY

The Manufacturer’s Warranty is an additional guarantee to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer’s Warranty. The Customer may in any case assert his rights as provided for by the Legal Guarantee of Conformity governed by the previous article.

 

13. PRIVACY

The information on privacy is contained in the Information on the processing of personal data which is an integral part of these Conditions of Sale. Before proceeding with the transmission of the order and, therefore, the conclusion of the purchase contract, the Customer is required to carefully read the information on the processing of personal data. This information is made available to the Customer through the “GDPR” section of the Site, reachable through the link of the same name in the footer of the Site, as well as through the appropriate link during the purchase process. The Customer is permitted to store and reproduce the same.

 

14. APPLICABLE LAW AND DISPUTE RESOLUTION

14.1 The purchase contracts concluded through the Site are governed by Italian law.

14.2 The application to the Consumer Customer who does not have his habitual residence in Italy of the provisions possibly more favorable and mandatory provided by the law of the country in which he has his habitual residence is reserved. Please remember that in the case of a Consumer Customer, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a Professional Customer, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions in the Introduction.

14.3 The Seller informs the Customer who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not he intends to use such bodies to resolve the dispute itself.

14.4 The Seller also informs the Customer who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.

14.5 in any case, the right of the Consumer Customer to bring the dispute arising from these General Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

The user who resides in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.

 

15. AMENDMENTS AND UPDATES

15.1 These Conditions of Sale are modified from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication of the same on the site.

The following conditions are addressed to all users who access, use and/or register on the site www.biokamino.com, owned by Car-Z-Met S.r.l., with registered office in 21040 Uboldo (VA), at Via Matteotti n. 14, VAT number 02352510123

15.2 Access to and use of the website as well as the purchase of products presuppose the reading, knowledge and acceptance of these General Conditions of Use.

The products purchased on the site are sold directly by Car-Z-Met S.r.l.

If you need assistance, you can contact the Seller at the contact details indicated in the introduction, or by using the contact form that may be present on the Site.

For any other legal information, consult the Conditions of Use and Privacy area sections.

 

16 CUSTOMER SERVICE

16.1 You can request information, send communications, request assistance or forward complaints by contacting the Seller at the contact details indicated in the Introduction, or by using the contact form that may be present on the Site.

16.2 The Seller responds within an indicative time of 4 days.

 

17 MISCELLANEOUS

This document fully governs the relationship between the Customer and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time remain intact.