GENERAL CONDITIONS OF SALE - ONLINE

Art. 1 Definitions
Art. 2 Subject matter
Art. 3 Formation of the sales contract
Art. 4 Delivery
Art. 5 Payment
Art. 6 Check of the products
Art. 7 Withdrawal
Art. 8 Guarantees and claims
Art. 9 Management of disputes and their settlement out of court
Art. 10 Provisions relating to the sale of Products via the Website

These general conditions of sale are aimed at regulating the common aspects of the sales of products of BayKer Italia S.p.A., owner of the “Iperceramica” brand, with respect to its clientele, made via the www.iperceramica.it Website and/or through the exchange of electronic post messages. Where not otherwise agreed between the parties, these general conditions of sale, considered to be known by purchasers, being published on the above website and sent to the clientele upon every purchase, shall regulate every sale made by BayKer Italia S.p.A..
It is expressly understood that nothing in the general conditions of sale can be considered as aimed at waiving mandatory legal provisions or, in any case, at depriving purchasers acting in the capacity of consumers (in accordance with Leg. Dec. 6.9.2005, no. 206, of the so-called Consumer Code) of the guarantees and protection that the law offers them.


Art. 1 Definitions

The following listed terms, if starting with a capital letter, shall have the following indicated meaning in the interpretation of these conditions:
  1. “BayKer”: means BayKer Italia S.p.A., a company regulated by Italian law with registered office in Fiorano Modenese (Modena) at Via Pedemontana no. 13, Tax Code and VAT no. 02732900366, R.E.A. (Economic Administrative Index): MO-347932, share capital euro 750,000.00 fully-paid, certified e-mail address: bayker@pec.bayker.it; e-mail: shop@iperceramica.it; telephone: +39 0536 1846400; fax: +39 0536 1846404.
  2. “Customer”: means the person, consumer or professional according to Leg. Dec. 206/2005, who purchases one or more Products from BayKer.
  3. “Consumer”: means a physical person that purchases one or more Products for purposes extraneous to the business, commercial, craft or profession activity that he/she carries on.
  4. “Goods”: means the Products that are purchased by a Customer through the Website.
  5. “Products”: means the goods that are offered on sale by BayKer on the Website.
  6. “Website”: means BayKer’s website accessible at the address: www.iperceramica.it.
Art. 2 Subject matter
  1. The subject matter of any contractual relationship between BayKer and the Customer is the sale (as defined by arts. 1470 and following of the Italian Civil Code or, in the event of purchases made by Consumers, by art. 45, para. 1, letter e) of the Consumer Code) of Products.
  2. The provision of additional services on the part of BayKer in favour of the Customer (with the exception of the transport of the Goods with delivery to the Customer’s home address) are to be considered excluded from the price shown on the Website upon making the purchase; specifically, any form of consultancy relating to the execution of works or the development of projects that motivate the Customer’s decision to purchase Products, is considered as excluded.
Art. 3 Formation of the sales contract
  1. The Products that the Customer has selected to purchase, with specific indication of the relative cost plus the cost of transporting them to the address indicated by the Customer, constitute a sales proposal on the part of BayKer; the Customer may, at any time before the purchase (see art. 3.b) below), interrupt the purchase process and abandon the procedure without incurring any cost.
  2. The Customer may complete the purchase following the steps provided for by the Website; in all events, before the contract is formed, the Customer will be expressly warned of the fact that he/she is about to assume a contractual undertaking with respect to BayKer, with consequent obligation of payment.
Art. 4 Delivery
  1. The Customer acknowledges and recognises that the Products are not made by BayKer and that, therefore, the delivery times for the Goods depend also on availability in stock. In general, BayKer undertakes to deliver the Goods in compliance with the term provided for by art. 61 Leg. Dec. 206/2005 and, therefore, within 30 (thirty) days from purchase.
  2. Before the Customer concludes a purchase, the Website will clearly indicate the availability of the Products that the Customer is considering, specifying if longer times than those provided for by art. 4.a) are expected for their delivery. Specifically, the following three distinct situations could arise:
    1. the single word “available” is indicated for the Products. Said products are therefore available in Bayker’s central warehouse when the Customer is viewing them on the Website; or
    2. the word “available” is indicated for the Products, but is also accompanied by the phrase “The delivery time for this product could increase by 10 days with respect to the standard term”. These products are not available in stock but BayKer expects their arrival at its site in Fiorano Modenese due to orders already accepted by its suppliers; or
    3. the Products are not in the catalogue, or must be made ad hoc for the Customer. In such circumstances, the sale of the Products cannot be made via the Website. The Customer is free to make a request to BayKer (to the address: shop@iperceramica.it) for the drawing up of a quotation. BayKer shall, in all events, respond to this request, but it may not be able to make a quote (for factors beyond its control).
  3. In the cases as per of articles 4.b.2) and 4.b.3), delivery may not be possible within thirty days from the purchase for reasons outside BayKer’s control. In such circumstances the Customer shall be informed before making any commitment with respect to BayKer and will be free to choose whether to proceed with the purchase or not, accepting or not a delivery time greater than that provided for by art. 61 Leg. Dec. 206/2005.
  4. Delivery is made to destination throughout the national territory, with the exception of the Venetian lagoon and the smaller islands, by specialized carriers appointed by BayKer.
  5. The Goods shall be unloaded at the side of the road, near the street number indicated by the Customer, in the most suitable place for unloading which is accessible for the means of transport and where the parking of the vehicles is permitted. In the event it is not possible to reach the address indicated by the Customer due to impediments or particular conditions related to the access routes, delivery will be made at the nearest point that the means of transport can reach (porterage service to the street number is not, however, provided for).
  6. As soon as the Goods have been assigned by BayKer to the carrier, the latter shall contact the Customer to inform them and agree on a date and time for delivery at the address indicated by the Customer upon making the purchase in the following 5 (five) days. In the event the Customer is not able to receive the Goods purchased within five days after being contacted by the carrier or, in any case, intends to delay the delivery, storage costs shall be charged to the Customer. The Customer acknowledges that delivery is made in time slots and, as a result, a specific time cannot be agreed. The carrier shall make a single attempt at delivery on the agreed date and in the agreed time slot. If delivery isn’t made due to the Customer’s absence or, in any case, for reasons attributable to them, the Goods shall return to the carrier’s warehouse; in these cases, the Customer shall have the responsibility to contact the carrier and agree with them on the means for collecting the material from the latter’s warehouse. As an alternative to the above collection, the Customer can contact BayKer to agree a new shipment; in this case, before the new shipment, the Customer shall arrange to refund BayKer the cost incurred by it for storage and redelivery costs. The expenses and costs shall be explained to the Customer beforehand, so that the latter can choose whether to request a new delivery or arrange for collection of the Goods from the carrier’s warehouse. If it is not possible to unload the Goods on a single occasion due to access limitations to the destination, BayKer has the right to make a series of deliveries, giving the Customer reasonable notice.
  7. The unloading of the Goods from the means of transport, being a critical operation for safeguarding the good condition of the goods transported, must be carried out by the carrier and only using their equipment. BayKer is not liable for damages caused by the Customer in the event they personally or through personnel, arrange for the unloading of the Goods. The disposal of the pallets and the packaging used for the delivery is the sole responsibility of the Customer.
  8. Any delays, and all events outside the control of BayKer and/or its personnel and which effectively prevent or delay the fulfilment of the obligations assumed are considered as causes of force majeure, and therefore not attributable to BayKer. Such events include, merely by way of example, strikes, riots, acts of war and/or terrorism, earthquakes, tsunamis, landslides and other natural catastrophes, restrictions of the circulation and/or sale of goods by order of the authorities (whatever the form of such prohibitions), epidemics and/or pandemics, lockdowns, etc.
  9. The Customer, in providing the information relating to the delivery of the Goods, must specify if the destination chosen is easily reachable by means of transport and/or if there are particular impediments and/or limitations (e.g., no access, no parking or stopping, the inaccessibility of the road for tail-lift vehicles, etc.) for transport purposes. The cost of the transport will then be calculated on the basis of the information provided by the Customer and will take account of the increase in costs due to delivery difficulties. The Customer shall always be free to refuse the price proposed and to abandon the purchase before it is concluded.
  10. The Customer, in providing data relating to the delivery address, guarantees its correctness. The Customer is informed that the transport companies shall be engaged by BayKer on the basis of the information received; as a result, in the event of errors (by way of example, wrong post code, address, location, etc.), the transport may not take place, suffer delays and/or involve the charging of extra costs which are impossible to estimate (being dependent upon incorrect information that the Customer has provided). The Customer releases BayKer from any liability and or claim that may derive from the provision of inexact data. A request for a change of delivery address subsequent to the completion of the purchase may always be communicated in writing to BayKer, which reserves the right to evaluate whether to proceed on that basis.
Art. 5 Payment
  1. The following means of payment are accepted by BayKer:
    1. Credit card or debit card;
    2. Bank transfer.
  2. In the event of a purchase with payment by bank transfer, the Customer is requested to settle the entire price of the Goods within 7 (seven) days from completion of the purchase procedure, an essential term in the interest of the seller in order to guarantee a correct and efficient organisation of supplies and warehouse management. Failed compliance with the term of 7 (seven) days for payment will imply the termination of the contract pursuant to art. 1457 of the Italian Civil Code.
  3. The possibility for BayKer to deliver the Goods before receiving full payment, including any transport costs, is excluded. As a result, in the event of payment by bank transfer, the Customer must ensure that the sums are successfully credited within the term as per article 5.b) above.
  4. In the event the Customer opts for payment by credit card, the amount corresponding to the purchased Products and any accessory services shall be charged to the Customer upon the communication as per art. 10.1).
  5. BayKer shall issue an invoice in relation to the sale of all Goods. Reference shall be made to the information provided by the Customer upon registration on the Website or the exchange of e-mail messages for the issue of the invoice. No modification of the data will be possible after the issue of the invoice.
Art. 6 Check of the products
  1. Upon delivery of the Goods, the Customer is requested to check their condition and if appropriate, to report to BayKer those flaws that a person of average diligence could find after a careful inspection pf the Goods. The Customer is, then, obliged to report the presence of obvious flaws in the Goods within the legal term (see, for purchases made by Consumers, the guarantee policy available at the following address: https://www.iperceramica.it/en/ita/legal-guarantee) and, in all events, before installing the Goods. BayKer shall not be liable for the installation costs of Goods clearly flawed or not conforming to what is agreed, or for costs necessary for their removal and/or restoration of the premises and/or for any indirect and/or consequential damage that could have been avoided using ordinary diligence in examining the Goods.
  2. The Customer is called upon to promptly report reservations in the event of damage during transport. In general, the Customer is obliged to act according to good faith and to take initiatives that, without causing undue sacrifice, safeguard BayKer’s possibility of recourse against the carrier.
  3. In the unfortunate event of flaws and/or non-conformities, the Customer may submit a claim to BayKer’s legal and registered office and or by means of a certified e-mail (to this end, addressing their grievances to the following address: reclami@iperceramica.it). A page dedicated to claims is also made available to Customers at the following address: https://www.iperceramica.it/en/ita/contact-us.
  4. In order to permit a rapid management of the dispute, the Customer is invited to provide, upon making the claim, the following listed information: the order number, the invoice number, the name of the product and its code, the quantity, the nature and description of the flaw and/or non-conformity. If possible, the Customer may provide photographic documentation supporting their claim.
  5. The Customer acknowledges and recognises that the Goods, and in particular ceramic products, could have a colour shade slightly different from the sample seen by the Customer. Given that colour differences are tolerated in the trading of ceramic products, and that they are impossible to predict and/or prevent, it is understood between the parties that the delivery of material with a slightly different shade compared to the samples seen does not constitute a breach on the part of BayKer.
Art. 7 Withdrawal

In the event that a Customer that makes purchases via the Website or through the exchange of e-mail messages acts in the capacity of Consumer, he/she shall have a period of 14 (fourteen) days to withdraw from the sales contract, without having to provide any reason and without having to bear any costs other than those provided for by arts. 56 and 57 of the Consumer Code. All information relating to the right of withdrawal attributable to Consumers is available on the Website where there is also a form that the Consumer can use, if necessary, to exercise their right, available at the address: https://www.iperceramica.it/en/ita/right-of-withdrawal.

Art. 8 Guarantees and claims
  1. The Customer acknowledges and recognises that BayKer does not offer guarantees different from those provided for by law; these guarantees differ, however, according to whether or not the Customer is acting in the capacity of Consumer.
  2. A summary of the contents of the guarantee enjoyed by Consumers is available on the Website, at the address: https://www.iperceramica.it/en/ita/legal-guarantee.
  3. BayKer undertakes, as per its Ethical Code, to manage complaints with courtesy, correctness and professionalism, ensuring that a full and clear response is given to the Customer in the technical times necessary for ascertaining the presence of the claimed flaw and its cause. To this end, the Customer will be able to address their complaints writing to the following e-mail address: reclami@iperceramica.it. A page dedicated to complaints is also made available to Customers at the following address: https://www.iperceramica.it/en/ita/contact-us.
Art. 9 Management of disputes and their settlement out of court
  1. BayKer promotes and encourages out of court solutions for the settlement of disputes with its clientele.
  2. Without prejudice to any access to justice and the identification of the competent judge (especially in the case of contracts entered into by Consumers), BayKer undertakes to participate in procedures for the out-of-court settlement of disputes. Specifically, BayKer takes part in mediation procedures (voluntary or mandatory) that are initiated by its customers, whether consumers or businesses, in relation to any complaint before one of the mediation bodies accredited by the Ministry of Justice. Further information, and a link to the accredited bodies are available on the Ministry of Justice website at the following address: https://www.iperceramica.it/en/ita/conciliation.
  3. In addition to the above, Customers are herewith informed that the European Commission has set up a European platform for the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of online disputes between consumers and professionals. As a result, Customers that act in the capacity of Consumers can submit a complaint through the platform for online dispute resolution (ODR) set up by the European Commission, available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase. If a Customer wishes to initiate proceedings against BayKer, they can utilise the following e-mail address: reclami@iperceramica.it.
Art. 10 Provisions relating to the sale of products via the Website
  1. The purchase procedure via the Website is completed only when the Customer demonstrates their intention to buy the Products, selecting “Order”. Considering the fact that, for technical reasons outside BayKer’s control (for example, due to the absence of a signal/connection), the procedure may not be completed, the Customer must wait to receive by e-mail a confirmation of the purchase made. This message will show as its subject matter the wording “Order received” and, in the body of the text, will faithfully show a list of all the Goods, specifying for each one the price and indicating the consideration due for their transport to destination. If the message is not received within 24 (twenty-four) hours from when the purchase was made, the Customer is invited to contact us at the following address shop@iperceramica.it for due verifications. In all events, the failed receipt of the above message must lead to the conclusion that the purchase has not been completed. The contract will be accessible at all times in the customer’s personal area on the Website.
  2. All the prices shown on the Website must be considered as including VAT. The prices applied upon making the purchase, as summarised in the confirmation received by the Customer by e-mail, shall remain fixed for the Customer until delivery of the Goods. The Customer, therefore, shall not be affected by any price increases that may be published on the Website after their purchase.
  3. The e-mail as per point 10.1) above is considered as valid for information purposes in accordance with art. 51, para. 7, Leg. Dec. 206/2005. The Customer is requested to check the correctness of the data shown in the message, and to report any error (whether depending on the Customer or not) in the shortest time possible, in order to allow BayKer to rectify the data for a correct and prompt delivery of the Goods.
  4. In order to permit a rapid management of every request that the Customer may make, they are invited to always indicate, in every correspondence, the order number which is shown in the message as per point 10.1).
  5. The Customer acknowledges and recognises that the sale of Products through the Website is not primarily directed to any country outside of Italy.