1) General comments and definitions.
1.1. These general conditions of sale, drafted and in force pro tempore upon making the order on the part of the Customer, regulate the sales made through the website of BayKer Italia S.p.A., with registered office in Fiorano Modenese (MO) at Via Pedemontana 13, Tax Code and VAT no. 02732900366, R.E.A. (Economic and Administrative Index): MO-347932, Share Capital Euro 750,000.00 fully-paid, in favour of consumers and/or professionals.
1.2. Every sale made through this site, if in favour of a consumer, is, in all events, regulated by the Consumer Code (Leg. Dec. no. 206/2005), articles from 49 to 67.
1.3. When in these general conditions reference is made to “the Products”, reference is considered as made to the goods analytically identified and listed in the specific section of the Website.
1.4. The Customer is invited to print and/or store these General Conditions as deemed appropriate.
1.5. In the interpretation of these general conditions the terms listed below, if starting with a capital letter, shall have the meaning indicated as follows:
1.5.a) “BayKer”: BayKer Italia S.p.A., with registered office in Fiorano Modenese (MO) at Via Pedemontana 13, Tax Code and VAT no. 02732900366;
1.5.b) “Customer”: the physical person or legal entity that purchases the Products through the Order Procedure, whether a consumer or a professional (according to the definitions contained in the Consumer Code).
1.5.c) “General Conditions”: these general conditions of sale for on-line purchases on the Iperceramica website;
1.5.d) “Order”: the document summarizing the Products selected by the Customer, with a description of said Products and indication of the relative prices. The document shall be generated electronically by the Site, according to the choices made by the Customer. The Order shall give rise to a valid sales contract;
1.5.e) “Order Procedure”: the process of sending an Order by telematic means to BayKer on the part of the Customer, carried out through the Website and relating to the purchase of Products;
1.5.f) “Products”: the products sold by BayKer, as listed on the Site, from among which the Customer can select those they wish to insert into the Order;
1.5.g) Site”: the Internet Iperceramica website, including all its pages;
1.5.h) “Delivery Costs”: the costs of transporting the Products indicated in the Order.
2) Executing the contract
2.1. The indication of Products on the Site, complete with relative prices, constitutes an offer to the public. A Customer that intends to purchase one or more products can complete the form provided on the same website, and send it to BayKer. The sales contract becomes valid, therefore, only when BayKer has correctly received the Customer’s Order.
2.2. It should be understood, moreover, that the contract is valid but is under condition precedent until it has been ascertained that there is full availability of the goods at BayKer’s warehouse (or at that of the supplier) and upon due payment.
2.3. In the event that the Customer opts for payment by bank transfer, the payment must be made within 3 days from the Order; otherwise, the order shall be considered as cancelled.
3) Prices
3.1. All the prices shown are considered as inclusive of VAT.
3.2. Delivery costs are payable by the Customer; they are calculated automatically according to the quantity of Products selected and their destination. The Customer will find explicit reference to the Delivery Costs in the Order.
3.3. The price shown on the Site at the time of confirming the forwarding of the order shall be indicated for each product on the Order, without taking account of previous offers. Every subsequent price change shall not, obviously, be applied to the sale already completed.
4) Order Confirmation
4.1. Orders must be made on-line through the Order Procedure present on the Site under the section: “how to purchase online”. The Customer may rely on the correct completion of the Order procedure only when they have received the Order Confirmation.
4.2. Every time an Order is correctly forwarded, a sales contract shall be considered to have been concluded between BayKer and the Customer, with as a subject matter the products selected by the Customer. Having concluded a sales contract in this way, the Customer will receive the Order Confirmation by electronic mail (valid also for the purpose of article 51 paragraph 7 of the Consumer Code); it shall be sent to the electronic mail address communicated by the Customer. Said Order Confirmation shall summarize the Products chosen, the relative Prices (including Delivery Costs), the delivery address, the order number (hereinafter “the Order Number”) and the particular conditions applicable to the Order. The Customer undertakes to check the correctness of the information contained in the Order Confirmation and to communicate any rectifications to BayKer within 24 (twenty-four) hours from its receipt. Failed rectification shall release BayKer from any liability and any increases in costs, determined by errors not notified in good time, shall be charged to the Customer. The Order Number, generated by the system and communicated by BayKer, must be used by the Customer in any subsequent communication with BayKer.
4.3. The Customer is herewith informed that they shall not receive the delivery date upon the Order Confirmation, and that the date and time of effective delivery must be subsequently agreed to with BayKer’s carrier appointed to deliver the good to destination.
5) Means of payment
5.1. Payment can be made as follows:
5.1.a) Credit card and PayPal with the procedures as indicated on the Site;
5.1.b) Bank transfer as follows: Beneficiary BayKer Italia S.p.A., VAT no./Tax Code 02732900366 - IBAN: IT71F0306912828615292108197 - SWIFT (BIC): BCITITMM (for foreign bank transfers) - Reason: indicate the Order Number.
5.2. In the case as per 5.1.b), delivery of the goods is possible only after the bank transfer has been credited to the beneficiary’s account, without prejudice to the provisions of article 2.3 of these General Conditions regarding cancellation of the order.
5.3. For reasons of the security of transactions, BayKer reserves the right to request a copy of the card holder’s identity document.
5.4. In the event the Customer opts for payment by credit card, the amount corresponding to the Products purchased shall be charged to the Customer at the same time as communication of the Order Confirmation.
5.5. BayKer shall issue an invoice of the Products purchased. For the issue of the invoice, reference shall be made to the information provided by the Customer on the “Personal Details” form. No variation of the data shall be possible after the issue of the invoice.
6) Means of delivery
6.1. Delivery shall be made to destination throughout the national territory (with the exception of the Venice lagoon and minor islands) by specialized carriers appointed by BayKer. For deliveries to the Venice lagoon and/or minor islands, the Customer is invited to contact a BayKer operator to check transport feasibility, and quantify, if possible, the cost.
6.2. Similarly, for deliveries outside the national territory and/or outside the European Union (with the exception of the Republic of San Marino, for which the principles made with regards to national deliveries shall apply), the Delivery Costs shall be quantified by BayKer further to the Customer’s request. In the calculation of delivery Costs, account will also be taken of any customs duties and/or of any other export tariffs. The Customer will be free to continue or not with the Order once such costs and transport times have been determined.
6.3. The unloading of the goods at the Customer’s place must occur at street level, in a place suitable for unloading and accessible by means of transport and where the stopping of the vehicle is permitted. Requests to transport the goods in front of the entrance of the property, into the garage, to upper or lower floors, cannot be accepted. The Customer obviously remains free to negotiate with the Carrier transport in the ways described above, fully bearing the costs and risks, for which BayKer shall not be liable.
6.4. The unloading of the products, in compliance with the agreements made with the carrier, must occur under the care of the latter using their equipment. BayKer is not answerable for damages caused by the Customer in the event they, personally or through any assistants, arranges for the unloading of the Products. The Customer is fully responsible for the disposal of pallets and packaging in general used for the delivery.
6.5. Indicatively, the goods shall be delivered within 15 working days from the Order Confirmation (in exception of article 61 of the consumer code). The date of delivery of the goods shall be fixed by agreement between the Customer and the carrier; in the event that the carrier is unable to contact the Customer for 3 (three) working days from when the goods are available or the Customer, after having fixed the date of delivery with the carrier, is unavailable for a similar period, the carrier shall notify BayKer, which will arrange to return the goods to its own central warehouse. The Customer can request BayKer a new delivery provided they do so within 25 calendar days from the return of the goods and reimburse BayKer the costs borne for this period in stock, the re-entry of the goods to the central warehouse and the new shipment. The fee shall be that requested and applied by the carrier.
6.6. In the event that the Customer discovers the existence of breakages and damages due to transport, they must report such breakages or damages in writing, always indicating on the transport document that the goods are received subject to verification. Specifically, without prejudice to BayKer’s liability for any damages occurring during transport, customers have the obligation to keep broken, malfunctioning and/or defective Products, refraining from disposing them without BayKer’s prior written consent. Failed compliance with said provisions may prejudice BayKer’s right of claim against its own sub-suppliers and suppliers, which would imply the Customer’s liability for any loss suffered as a result.
6.7. The Customer must confirm that the place of delivery of the material is easily reachable by means of transport and that its conditions do not present particular problems and/or limitations for transport purposes. In the event of failed communication should transportation imply additional effort, the additional costs applied by the transporter shall be charged to the Customer.
6.8. The Customer must confirm that the place of delivery of the material is easily reachable by a means of transport equipped with a tail-lift (average size truck that can carry around 35 quintals) and that the delivery and the goods unloading will take place on a flat surface, that is, without drops and rises that would compromise the tail-lift. In the event of failed communication should transportation imply greater effort, the additional costs applied by the transporter shall be charged to the Customer. The omitted communication shall not imply in any way liability attributable to BayKer and the Customer shall be responsible for contacting BayKer and agreeing directly on a new delivery of the goods.
6.9. In providing data relating to the delivery address, the Customer certifies their authenticity and correctness. The transport tasks will be fulfilled in accordance with the data provided and, therefore, in the event of errors (for example a wrong post code, Address, location etc.) the Customer shall exonerate BayKer from any liability and/or prejudice that may result, including the charging of costs applied by the carrier for the erroneous completion and omitted information as per points 6.7 and 6.8 (being a delivery of goods outside the terms agreed).
6.10. Before examining the goods, the Customer must observe whether the carrier responsible for the delivery handles the goods in a non-conforming or improper way. In the event that this is the case, the Customer must indicate on the transport document that the goods are received subject to verification for improper treatment on the part of the carrier.
6.11. The Customer must check the state of packaging of the goods, which must be perfectly intact, and not damaged or tampered with. Otherwise the Customer must indicate on the transport document that the goods are received subject to verification and where possible take photographs.
6.12. In the event that goods are missing and the packaging has been delivered opened and/or tampered with, the Customer must indicate on the transport document that the goods are received subject to verification.
7) Right of withdrawal
7.1. The Customer, in so far as “Consumer” (as defined under article 3 of the Consumer Code), is attributed the rights as per article 54 and following of the Consumer Code within the limits provided for by this legislation. The Customer therefore has the right to withdraw from the purchase contract for any reason, without explanations and without any penalties, in the ways specified below. For the ways to exercise withdrawal, the indications set out at the following address apply: di recesso.
8) Claims
8.1. For any claim, the Customer must use the following e-mail address:
9) Final provisions
9.1. The Customer acknowledges and recognizes that the goods subject to sale and, in particular, ceramic products, could have a colour shade slightly different from that of the photos published on the Site. Since they are colour deformities tolerated in the trade of ceramic products and impossible to predict and/or prevent, it is understood by the parties that the delivery of material of a shade slightly different from the photos viewed online does not constitute breach of contract on the part of BayKer.
9.2. Upon the delivery of the goods, the Customer shall arrange to check their condition and shall be obliged to report to the supplier those defects that a person of average diligence could find further to a careful inspection of the goods. The Customer is, nevertheless, obliged to report the presence of obvious flaws in the goods within the legal terms and, in all events, before installing the products. BayKer shall not be liable for the costs of installing products obviously flawed or different from what was agreed, nor for costs necessary for the removal of said products and/or for recuperation of the location and/or for any indirect and/or consequential damage that could have been avoided using ordinary diligence in examining the goods.
9.3. The Customer acknowledges and recognizes that the activity of selling the products through the Site is not mainly directed towards any country outside of Italy, and that, on the contrary, BayKer reserves the right to check, case by case, the feasibility and costs of the transport of products outside the national borders. The translation of these general conditions does not represent an invitation to purchase the Products directed outside the national borders.
9.4. These general conditions are translated into various languages for reasons of mere courtesy; in all cases of non-correspondence between the two versions, reference shall be made to the Italian version.
9.5. Pursuant to article 49 paragraph 5 of the Consumer Code, the information provided pursuant to article 49 paragraph 1 of the same Code is to be considered as an integral part of the contract; said conditions cannot be modified unless with the consent of both parties.