General Terms and Conditions
These General Terms and Conditions of Sale regulate the contractual relationship between Customers of the biotex.it website and the company BIOTEX S.r.l. – VAT No. IT01460970393, Tax Code 01460970393, Registered office: Via Leonardo da Vinci 16, 48018 Faenza (Ravenna), ITALY – hereinafter referred to as BIOTEX.
- DEFINITIONS
- ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
- ON-LINE PURCHASE PROCEDURE
- PRICE OF PRODUCTS
- PAYMENT METHODS
- DELIVERY OF GOODS
- RIGHT OF WITHDRAWAL
- WARRANTY
- INSTRUCTIONS
- DISCLAIMER OF LIABILITY
- LIABILITY FOR DAMAGE CAUSED BY DEFECTIVE PRODUCTS
- APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION
- COMMUNICATIONS AND COMPLAINTS
- VALIDITY OF CLAUSES
1. DEFINITIONS
Pursuant to these Terms and Conditions of Sale, the following definitions shall apply:
• WEBSITE: The website biotex.it through which the retail sale of PRODUCTS is carried out by the company BIOTEX.
• CUSTOMER: the natural person who purchases products sold through the WEBSITE. In order to make purchases through the WEBSITE, CUSTOMERS must be of legal age (18 years old) and have the capacity to act, which they declare that they possess.
• CONTRACT: The distance sales contract entered into between BIOTEX and the CUSTOMER.
• PRODUCTS: The BIOTEX products described, together with their essential characteristics, directly on the WEBSITE (for each product viewed, the CUSTOMER will be able to access the relevant product description containing the main information and data relating to the product itself) and which the CUSTOMER can purchase through the on-line purchase procedure described below. The visual representation of the Products on the Website, where available, is merely illustrative and normally corresponds to the photographic image of the Products themselves. Its sole purpose is to present the Products for sale, without any guarantee or commitment on the part of Biotex that the image depicted on the Website will correspond exactly to the actual product. This applies in particular to the actual dimensions and/or graphic or chromatic aspects of the Products and/or their packaging.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The presentation of the PRODUCTS on the WEBSITE, which is non-binding for the seller BIOTEX, represents only an invitation to the CUSTOMER to make a contractual purchase proposal.
The purchase order sent by the CUSTOMER to BIOTEX through the WEBSITE is valid as a contractual proposal and is governed by these Terms and Conditions of Sale, forming an integral part of the order, which the CUSTOMER is required to accept in full and without reservation at the time the order is sent to BIOTEX.
Before proceeding with the purchase of the PRODUCTS by sending the order, the CUSTOMER must carefully read these Terms and Conditions of Sale, in particular the section on the right of withdrawal (section 7), and print and save or reproduce a copy of them for his/her own personal use; furthermore, he/she must identify and correct any errors made in entering his/her data.
The CUSTOMER's purchase order will be followed by BIOTEX sending the CUSTOMER (to the e-mail address provided by the CUSTOMER when registering on the WEBSITE or when placing the order, if the CUSTOMER has not yet registered on the WEBSITE), an e-mail confirming the order with a summary of the order placed.
Pursuant to Article 12 of Italian Legislative Decree no. 70/2003, BIOTEX informs you that the CUSTOMER'S order, the confirmation of the order by BIOTEX, and the Terms and Conditions of Sale applied, are stored in digital form on the server of the operator hosting the WEBSITE and in hard copy or digital form at BIOTEX itself, in compliance with criteria of confidentiality and security. The CUSTOMER may obtain a copy by sending a request to the e-mail address
3. ON-LINE PURCHASE PROCEDURE
A CUSTOMER who wants to make a purchase must:
• Select the size and colour of the chosen product one at a time and place the desired PRODUCTS in the virtual shopping cart provided;
• Once the selection of products has been completed, in order to purchase those placed in the shopping cart, the CUSTOMER will be asked to register on the website (or to log in, if he/she is already registered), or he/she can make the purchase as a "visitor" by providing the requested information;
• The CUSTOMER will be shown a summary of the order to be placed, regarding which he/she may modify the quantities or remove products. Then, after carefully reading these Terms and Conditions of Sale, the CUSTOMER must expressly approve them by ticking the appropriate box;
• The CUSTOMER will be asked to choose the shipping method and the payment method from among those available;
• Lastly, the CUSTOMER will be asked to confirm his/her order by means of the "Order with an obligation to pay" button, which will thus definitively send the order to BIOTEX and generate the effects described above (section 2);
• Upon receipt of the order, BIOTEX will automatically send an e-mail confirming the order, which does not yet constitute acceptance of the purchase proposal, but only confirms receipt of the order and the verification of availability of the products chosen;
• The contract will be considered concluded when BIOTEX sends a separate e-mail confirming that the order placed by the CUSTOMER has been shipped.
BIOTEX reserves the right to refuse orders received, also due to the possibility that the PRODUCTS requested are out of stock, but it shall promptly inform the CUSTOMER of such a situation in the e-mail relating to the dispatch.
4. PRICE OF PRODUCTS
All prices for PRODUCTS are quoted in euros. The cost of shipping and any additional charges, if any, are not included in the purchase price, but are listed and calculated separately. By filling out the purchase order, or before the purchase procedure is completed in accordance with section 2 above, the CUSTOMER will have the opportunity to verify these costs and charges.
It should also be noted that the PRODUCTS sold are not subject to any import taxes or customs duties if their sale and delivery takes place in Italy or other European Union Member States.
In the case of deliveries to countries outside the European Union, the PRODUCTS may be subject to import taxes and/or customs duties depending on the type of product and the country of destination. Therefore, it is not possible to predict in any way if and what costs would be incurred for customs clearance of the goods. For further information, CUSTOMERS should contact the customs office in their country. In any case, any costs relating to import taxes and/or customs duties shall be borne solely by the CUSTOMER.
5. PAYMENT METHODS
Only the type of payment specified in the order confirmation summary will be accepted. Furthermore, payment of the amount due may only be made by one of the following methods:
• PAYPAL
• CREDIT CARD
6. DELIVERY OF GOODS
BIOTEX S.r.l. undertakes to deliver the goods without undue delay, except in the case of unforeseeable circumstances. The Products will be delivered by a carrier, and delivery times will vary depending on the destination. The terms indicated at the time of the purchase order are, in any case, approximate. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable circumstances that cause a delay in deliveries or make deliveries difficult or impossible, or cause a significant increase in the cost of delivery for BIOTEX S.r.l, will entitle BIOTEX S.r.l. to split up, postpone, or cancel, in whole or in part, the planned delivery or to terminate the Purchase Agreement. In such cases, BIOTEX S.r.l. shall promptly and adequately communicate its decisions to the e-mail address provided by the Customer, and the latter shall be entitled to a refund of any amount already paid, excluding any further claims, for any reason whatsoever, against BIOTEX S.r.l.
Upon delivery of the goods, the CUSTOMER is responsible for checking:
1. that the number of packages corresponds to the number specified in the transport document;
2. that the packages are closed, intact, and have not been tampered with or damaged externally.
Failure to immediately notify the carrier of any discrepancies with respect to points 1 and 2 above, before signing for acceptance of the goods, will preclude the CUSTOMER from lodging future complaints. In the event of complaints, at the time of delivery the CUSTOMER is obliged to note on the receipt his/her specific reservation regarding the damage found.
Any problems concerning the integrity, completeness, or correspondence of the PRODUCTS with respect to the order must be reported to BIOTEX within 8 (eight) days of the date of delivery, by e-mail to
In the event of failure to collect the goods by the CUSTOMER and their consequent return to the sender, the order will be cancelled and the CUSTOMER will be charged for the transport costs, which will be deducted from the amount already paid.
7. RIGHT OF WITHDRAWAL
In the case of products sold in the European Union, in accordance with Directive 2011/83/EU concerning consumer rights, the CUSTOMER has the right to withdraw from the CONTRACT, without penalty and without specifying any reason, requesting a refund of the amount paid upon return of the goods.
Exercising the Right of Withdrawal
The period of withdrawal expires 15 (fifteen) days after the CUSTOMER acquires physical possession of the PRODUCTS purchased online.
To exercise the right of withdrawal, the CUSTOMER must inform BIOTEX of his/her decision to withdraw from the CONTRACT by sending an e-mail to
Effects of Withdrawal - Return of the PRODUCTS
The CUSTOMER is required to return the PRODUCTS to BIOTEX (BIOTEX S.r.l., Via Leonardo da Vinci 16, 48018 Faenza (RA), ITALY), without undue delay and in any case within 14 (fourteen) days from the date on which he/she communicated his/her withdrawal from the CONTRACT.
It should be noted that the direct costs of returning the PRODUCTS will be borne solely by the CUSTOMER and that the CUSTOMER is responsible for sending/shipping the returned goods. For this reason, we recommend that you do not use untraced shipping methods (e.g. shipping by regular mail).
Effects of Withdrawal - Refund of the Amount
In case of withdrawal from the CONTRACT, only the purchase price of the PRODUCTS that have been returned will be refunded to the CUSTOMER, without undue delay and in any case no later than 14 (fourteen) days after the shipment of the goods by the CUSTOMER and not before the receipt of the goods.
This refund will be made by bank transfer, credit card, or Pay Pal, whose details must be provided by the customer together with the notice of withdrawal referred to above.
To be entitled to a full refund of the amount paid, the PRODUCTS must be returned intact (they must not have been used and/or washed by the CUSTOMER or damaged by the CUSTOMER) and in their original packaging (any identification labels must still be attached to the PRODUCTS as they are an integral part thereof). In any case, the CUSTOMER shall be liable for any reduction in the value of the PRODUCTS resulting from any handling other than that necessary to establish their nature, characteristics, and operation. Furthermore, it should be noted that in order to determine the nature, characteristics, and operation of the PRODUCTS, the CUSTOMER is required to handle and inspect them with due diligence and in the same manner as he/she would be permitted to do in a shop.
8. WARRANTY
BIOTEX guarantees the quality and effectiveness of its products with its own experience.
BIOTEX shall be responsible for any lack of conformity that may be discovered within 24 (twenty-four) months from the date of delivery of the PRODUCT for which such non-conformity is claimed.
In the event of a lack of conformity of the product, BIOTEX will repair the purchased PRODUCT free of charge (if and to the extent possible) or replace any part thereof found to be defective or replace the PRODUCT. The CUSTOMER must follow the specific instructions that BIOTEX will provide in order to offer full assistance in such a situation.
After six months from delivery and within two years, the customer must prove that the defect was already present when the item was delivered.
Biotex must be promptly notified of the defect by sending an e-mail to
Warranty exclusions
The warranty does not include:
• normal wear and tear to the product due to its use
• parts subject to normal wear and tear such as zips, hook and loop closures, pads, etc.
• damage caused by improper maintenance and/or washing
• damage caused by carelessness, negligence, or inappropriate use
9. DISCLAIMER OF LIABILITY
BIOTEX shall not be liable for any delay or failure to fulfil its obligations under these General Terms and Conditions of Sale if the delay or failure is due to unforeseeable circumstances or force majeure. This provision does not affect the consumer's rights under the law and in particular the right to receive the purchased goods within a reasonable amount of time or to receive a refund in case of non-delivery due to unforeseeable circumstances or force majeure.
10. COPYRIGHT
The entire content of the website www.biotex.it is the property of Biotex S.r.l. and, therefore, protected by copyright law. Without prior written permission from Biotex S.r.l., no part of this content may be processed, reproduced, and/or distributed using electronic systems. All rights reserved. Notice: The theft of protected content is a criminal offence.
11. LANGUAGES
The online shop is currently available in English, Italian, and German. We are not responsible for misunderstandings due to lack of language ability.
12. APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION
These General Terms and Conditions of Sale shall be governed by and interpreted in accordance with Italian law and in particular with Italian Legislative Decree no. 206 of 6 September 2005, also known as the Consumer Code, and subsequent amendments thereto, with specific reference to the regulations on distance contracts and with Italian Legislative Decree no. 70 of 9 April 2003 on e-commerce. The rights attributed to consumers by inviolable provisions of law in force in their country of domicile or residence shall always remain unaffected.
In the event of disputes arising from the CONTRACT between BIOTEX and the CUSTOMER, BIOTEX pledges its willingness to proceed with an amicable attempt at resolution. Should this not be possible, for the resolution of disputes, the Court of RAVENNA (Italy) shall have exclusive jurisdiction, unless this provision is not applicable due to mandatory laws in force in the country of residence or domicile of the consumer.
13. COMMUNICATIONS AND COMPLAINTS
Written communications addressed to BIOTEX and any complaints will be considered valid only if sent to the address BIOTEX S.r.l., Via L. da Vinci 16, 48018 Faenza (RA), ITALY; or sent by e-mail to the e-mail address
14. VALIDITY OF CLAUSES
In the event that a clause or portion of a clause of these General Terms and Conditions of Sale should be deemed invalid because it conflicts with or violates a rule of law, all other clauses of this agreement or portions of the same clause shall remain fully valid and effective. The terms and conditions contained in this document may be modified by BIOTEX without any prior notice and will be valid as of the date of publication on the website biotex.it.
