1 OBJECT OF THE CONTRACT ON LINE AND ITS DEFINITION
Contract “on line” means the distance contract having as object the purchase of goods and / or services concluded between PROGETTI SRL, based in Strada del Rondello 5-10028 Trofarello (TO), hereinafter called “Supplier”, VAT IT06367590012 and a customer or a professional client, under a system of organized distance sales from the supplier that, for this contract, exclusively uses Internet technology. All contracts, therefore, be concluded through direct access by the client to the corresponding website at www.shop.progettimedical.com
A consumer customers, hereinafter referred to as “Consumer” means the natural person who concludes a contract for purposes not related to business or professional activity.
Professional customers, hereinafter referred to “Professional”, means the person, natural person, legal person, public or private, collective entity not recognized with autonomous legal subjectivity that acts as part of their profession or business, concluding the contract.
Lastly, “Customer” means simply the buyer generally understood, both consumer and professional.
2 TERMS AND CONDITIONS OF SALE AND CUSTOMER OBLIGATIONS
2.1. The contract between the Supplier and the Customer shall be concluded with the acceptance of order, even partial, by the same Supplier. This acceptance is tacit, unless otherwise communicated to the Customer by any form.
The Customer, by placing any type of order, claims to have read all information provided to him during the purchase process and, consequently, to accept the general conditions and payment transcribed below.
2.2. It is strictly forbidden to enter false/invented personal data in web site data collection, necessary for the order. And it is forbidden to enter data of third persons or make more records related to a single customer. Provider reserves the right to prosecute any violation or abuse, in interest and protection of all customers.
2.3. Customer and Consumer, once the purchase process online is finished, will print or save an electronic copy, however, keep these general conditions of sale in accordance with the provisions of art. 3 and 4 of Decree No. 185/1999 on distance selling. Forwarding the order confirmation therefore implies full knowledge of them and their full acceptance.
2.4. Does not exist any right of the Customer to ask the Supplier damages or compensation, and to attribute the same any contract or tort liability for any direct or indirect personal and / or property, caused by the rejection, even partial, of an order.
3. SALES PRICES AND PURCHAE METHODS
3.1. All the prices of the products shown on the website www.shop.progettimedical.com, that is offer prices to the public pursuant to art. 1336 cc, are inclusive of VAT which must be added the shipping charge. These prices may change at any time without the Supplier being obliged to give prior notice; however once the order of the product is placed, this will not change in price.
The cost of transport, both national and international, is on customer charge and is duly highlighted in the page of website which must be checked by consumer before confirming the purchase.
In case of delivery abroad will be charged to the customer and also any additional costs due to taxes or fees provided by law in the State of destination.
3.2. The customer can only purchase products in the catalog viewable online at www.shop.progettimedical.com, as described in the relevant information sheets. It is understood that the picture accompanying the description of a product may not be fully representative of its characteristics.
4. PAYMENT METHODS
4.1Credit card: through this form of payment, together with the completion of the online transaction, all financial information (credit card number, expiration date, etc.) Will automatically be sent by encrypted protocol to the Bank who will charge, on the current account of the customer, the payment of the amount of purchase. PROJECTS SRL uses the system of payment by credit card in Visa and Mastercard.
4.2. In case of cancellation, either by the customer, as described in article 8, and by the Supplier, in case of rejection of the order, will be required the cancellation of the transaction. Once the operation of cancellation of the transaction, in no event shall the Supplier be liable for any damages, direct or indirect, caused by the delay of the operation itself.
4.3. Provider reserves the right to ask the customer to send a copy of identification documents proving ownership of the credit card used for payment. In the absence of the required documentation, the Supplier can not accept the order and, therefore, does not conclude the contract.
4.4. In no time of the purchase process the Supplier is able to know information about the buyer’s credit card, sent via secure connection directly to the site of Bank that handles the transaction. No archive of the Supplier retain such information. In any case, the Supplier may, be held liable for any fraudulent and illegal credit cards by third parties, upon payment for products purchased.
4.5. Paying by bank transfer in advance: in this case, what ordered by the customer will be kept busy until receipt of proof of the transfer, be sent to the Supplier to email firstname.lastname@example.org no later than 3 working days the date of acceptance. The sending of the order will only take place when the actual crediting of the amount due on the c/c of the Supplier which must be within 7 working days from the date of acceptance.
Beyond those limits, the order will be automatically cancelled.
The motive of the bank transfer must contain the order reference number, the name and surname of the consumer or the company name or natural person in case of Professional.
5. METHODS OF SHIPMENT AND DELIVERY
5.1. Shipment and delivery: the Supplier will deliver to customers, at the address specified in the order, the products selected and ordered, in the manner provided for in this article, by courier and / or forwarding agents (TnT, DHL, ups, Bartolini).
The contract is concluded with the delivery of the goods by the Supplier to the courier. That is why, the Supplier shall not be responsible for failure or delay of it, or total/partial damage of the goods it. He will be responsible only the courier that made the delivery.
5.2. At the moment of delivery by the courier, the customer is required to check it: the amount of goods ordered is as specified in the order; that the packaging is not damaged, wet or altered even in the closing materials. Any damage must be immediately reported to the courier making the delivery.
Once signed the slip, the customer cannot make any objection about the appearance of the goods.
5.3. Delivery times: the shipper pledge to deliver the goods within five days, in the Italian territory; while, for shipments abroad times are differentiated in relation to the distance. Delivery times will not exceed those provided for by art. 6 of Legislative Decree no. 185/99 (30 days from date of order and / or receipt of happened payment if in stock). The aforementioned deadlines are products in the warehouse at the time of the order.
5.4. Delivery delays: delays in the delivery of goods cannot be attributed to the Supplier. Furthermore, the Supplier may not be responsible for damage caused by the Courier in connection with the delayed delivery of the goods to the customer or to third parties, meaning the contract upon delivery of the goods to the courier.
5.5. Non-delivery: if the courier delivering the goods does not find anyone at the address specified, they will provide to deposit the goods in the warehouse indicated in the paper that will be left in place. After thirty days of storage the goods will be returned to the supplier and the customer cannot assert any rights. All costs, direct and indirect, will be entirely borne by the customer.
The Supplier will withhold payment of the goods as a penalty, in addition to any greater damage.
If the customer requires the Supplier to have the products ordered and paid for, the subject of non-delivery, must apply immediately to the company Supplier by fax or email. It will bear all expenses in addition to the greater damage suffered by the Supplier.
5.6. Delivery and packing: are charged to the customer and are clearly and separately from the price of the good or service, in execution of the order, as already provided for in the before mentioned Article. 3.
5.7. Receipt: for every order placed on www.shop.progettimedical.com, the Supplier shall issue receipt and / or invoice that shows the price of all the items that will be placed inside the package. About invoice, it shall refer to any requests and information provided by the Customer.
5.8. The mismatch of the goods ordered with those delivered must be immediately reported to the Supplier.
6. AVAILABILITY OF PRODUCTS
6.1. The Customer may only purchase products in the electronic catalog.
6.2. If the goods are not available in stock in the quantities required by the customer, the customer may contact the Provider by e-mail to receive all the necessary information about the product and the expected time for the supply of the same.
7.1. The Provider assumes no liability for disruptions caused by force majeure and / or fortuitous events such as accidents, theft and / or robbery to the carrier in charge of delivery, fires, explosions, strikes and / or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to implement in the time and manner agreed to the contract.
7.2. Provider will not be also responsible to any person for any damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the customer is only entitled to a refund of the price paid by the Freight Forwarder, solely responsible.
8. WITHDRAWAL RIGHT
8.1. According Article. 52 Leg. 6 September 2005 n.206 (cd. Consumer Code), if the customer is a consumer, he has the right to terminate the purchase contract for any reason and without penalty, except as described in this article.
It is stated that this right is reserved exclusively to individuals, to those customers and consumers, as defined in Article 1, buy the goods for purposes unrelated to professional activity. It is not subject to right of withdrawal to professional clients, natural or legal persons, acting in reference to the purchase contract in the professional. To exercise this right, the consumer will have to demonstrate to the Supplier the intention to withdraw, within 14 working days of receipt of goods in the case of goods, or in case of on-line services, the date when the contract is concluded. Such notice shall be sent by registered letter with acknowledgment of receipt addressed to PROJECTS SRL – Road Rondello 5-10028 Trofarello (TO) – or by telegram sent within the said period of 14 days and followed by a confirmation letter with return receipt, sent within the next 48 hours. Upon receipt of such notice of withdrawal, the Supplier shall, quickly, to the Consumer instructions on how to return the goods, undamaged and in original packaging, which must take place within the next 48 hours.
8.2. In any case, the right of withdrawal is, however, subject to the following conditions:
– That law applies to product purchased in its entirely, it can be exercised only on the withdrawal of the product purchased;
– The products must be returned intact and in original packaging, complete in all its parts (including packaging and any documentation and accessories), with nothing missing.
– That law does not apply to products made to specifications or clearly personalized.
8.3. The shipping cost for return of the goods are paid by the Consumer. The goods, until the certificate of receipt in the warehouse of the Supplier, is under the full responsibility of the Consumer.
In any case, the Supplier is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
8.4. The Supplier, in case of withdrawal, will refund the consumer the full amount paid, within 14 days from the date of receipt of the goods and, in any case within 30 days of notification of the Consumer. It is the responsibility of the consumer to provide promptly to the bank on which to obtain reimbursement (Cod. IBAN of the invoice).
8.5. The right of withdrawal is lost for lack of the essential integrity of the property (the packaging and / or its contents), in case the supplier assess:
– The lack of external and / or internal packaging;
– The absence of product components;
– Damage to the product for reasons other than transportation.
In case of forfeiture of the right of withdrawal, the Supplier will return to sender the Consumer property purchased by charging the same shipping costs.
9. COMPANY’S PURCHASES
9.1. The Supplier provides products in the catalog also to “professional clients”, retailers, individuals, legal entities, public or private, collective entities are not recognized with autonomous legal subjectivity, that in concluding the contract, act as part of their profession or business.
9.2. In the case of orders of particular importance, the Professional can contact the supplier company via email shop@@progettimedical.com or phone at +39011644738
10. CONTRACTUAL RESOLUTION AND EXPRESSED TERMINATION CLAUSE
10.1. The Supplier has the right to terminate the contract by simply informing the customer with adequate and justified reasons; in this case the customer will be entitled exclusively to refund the amount already paid.
The customer has the right to cancel the contract within 12 hours of ordering, and promptly inform the customer service via e-mail email@example.com
10.2 The obligations assumed by the Customer under this contract are essential so that, by express agreement, the failure by the same, with just one of those obbligations will determine the automatic termination under article 1456 Civil Code, subject to the right to the supplier to sue for compensation for further damages.
11. JURISDICTION AND VENUE
11.1. The sales contract between the customer and the supplier is concluded in Italy and regulated by Italian law.
11.2. All civil disputes and criminal relating to the interpretation and / or execution of this contract of distance selling or otherwise arising from the application of the same, except that the customer is a consumer, is responsible exclusively to the “Court of Turin “.
According to the provisions and effect of art. 1341 and 1342 of c.c., registered user declares to have read carefully and approves explicitly the following clauses:
art. 2 Acceptance of the general sales conditions and obligations of the customer;
art. 4 modes of payment;
art. 5 modes of shipment and delivery:
art. 7 responsibility;
art. 8 right of withdrawal;
art. 10 contractual resolution and expressed termination clause;
art. 11 jurisdiction and venue