GENERAL CONDITIONS
IVISION HEALTH OFFERS YOU the online purchase of medical devices (dm) and PERSONAL PROTECTIVE DEVICES (PPE) MADE IN ITALY.
General Conditions of Sale Agreement for the sale and purchase at a distance via a telematic network between:
IVISION SRL
Via dei Solteri, 105, 38121 Trento
P.IVA 02390970305
(Hereinafter referred to as the “Seller”);
the customer of the site (hereinafter referred to as “Customer”).
A > INTRODUCTION:
- These General Conditions of Use and Sale (hereinafter referred to as “General Conditions”) exclusively govern the contractual relations between the Seller and the Customer. These General Conditions are the only ones that can be applied and replace all other conditions, except for preliminary, express and written exceptions.
- The Seller may be obliged to modify some of these provisions, therefore the Customer is advised to read the General Conditions before any purchase from the Site. By accessing the Site, the Customer undertakes to comply with the General Conditions and the detailed Terms of Use. on the same.
B > ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:
- By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the General and Payment Conditions transcribed below.
- The sending of the purchase proposal by the Customer implies full knowledge of the General Conditions and will therefore have the value of acceptance of the same, without any possible recourse.
C > PURCHASE METHOD:
- The Customer can only purchase the products in the electronic catalog of the Site at the time of submitting the purchase proposal and viewable online at www.ivisionhealth.it as illustrated and described in the relevant information sheets. The images of the products and the information contained in the information sheets on the Site correspond to the real characteristics of the products. It is understood that any divergence between what is published on the Site and the reality is not attributable to the Seller, who is not responsible for the truth of the information provided as each single supply of raw materials may have differences with respect to what is photographed and / or described in his time. The seller reserves the right to make constant improvements to the product without having to update photos and description on the site at the same time.
- Purchase proposals can be made by the Customer in the following ways:
- Via the Internet on the website www.ivisionhealth.it 24 hours a day and 7 days a week;
- By e-mail to info@ivisionhealth.it 24 hours a day and 7 days a week;
- for the cases indicated in letters 2 and 3, the customer must necessarily indicate:
- article code and description,
- any options available (size, color, etc.),
- Price
- preferred shipping and payment method (to be chosen between PayPal and bank transfer)
- telephone number and / or e-mail.
- Any purchase proposal received without the precise indication of all the aforementioned data will be put on hold. The Seller will notify the Customer, by e-mail or other means indicated by the Customer, specifying the reason for the refusal and offering the possibility to complete the data provided, within a maximum of 5 days from receipt of the communication. After this deadline, if this integration has not occurred, the Seller will cancel the purchase proposal and notify the Customer.
- Once the purchase proposal has been received, the Seller will send the Customer an e-mail to confirm receipt of the same. Subsequently, the Seller will check, within a maximum of 15 working days from receipt of the purchase proposal, the data provided by the Customer and the availability of the requested products, according to the procedures established in p. To 7 (Availability). The Seller will then promptly notify the Customer of the acceptance of the order by sending an e-mail, or other means indicated by the Customer, containing: Order Number, Customer Code and Date of the Order, to be used in any further communication with the Seller. The message re-proposes a summary of all the data entered by the Customer, of which it undertakes to verify the correctness and to promptly notify the Seller of any corrections, according to the methods described in this document.
- In the event of non-acceptance of the order, the Seller will promptly notify the Customer.
D > BUYER OBLIGATIONS:
- The Customer undertakes, once the purchase procedure has been completed in accordance with the methods indicated on p. To C (Purchase procedure), to provide for the printing and / or storage of these General Conditions, which, moreover, will have already viewed and accepted as an obligatory step in the purchase, as well as the printing of the specifications of the product / s object of the ‘purchase, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05.
- The Customer is strictly forbidden to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and related further communications for him; the personal data and the e-mail address must be exclusively their own personal data and not those of third parties.
E > PRODUCT INFORMATION:
- The photographs presenting the products and the technical data sheets are not part of the contractual framework and can in no case be considered as the responsibility of the Seller. The technical data sheets and product images are made available for information purposes only and are not updated in real time.
F > PRICES:
- The sales prices indicated on the Site are expressed in euros (€) and VAT included, and do not include delivery costs. Delivery costs, if any, are always charged to the Customers and are invoiced at the end of the order as a supplement to the selected products.
- The Seller reserves the right to change prices at any time, but equally undertakes to apply the prices indicated on the Site at the time the order is placed.
G > AVAILABILITY:
- The Customer’s order will be satisfied within the limits of stock availability for the type and quantity of products indicated in the purchase proposal.
In the event that the ordered product is not available, the Seller undertakes to contact the Customer by e-mail, or other means indicated, within 15 days from the date of the purchase proposal to inform him of the time necessary for the delivery of the ordered product. - In the event that only some of the products ordered are not available, the Seller undertakes to immediately ship the available products and to bear the delivery costs inherent in the shipment of the remaining products.
H > TERMS OF PAYMENT:
When completing the purchase proposal, the Customer can choose from the payment options available. As regards deliveries made in Italy, the accepted forms of payment are: Paypal and bank transfer. Also with regard to deliveries made abroad, the accepted forms of payment are: Paypal, bank transfer. In the case of purchase proposals received by fax, e-mail or telephone, the only payment methods allowed are the same as Paypal and bank transfer.
- PAYPAL. The PayPal service is offered by PayPal (Europe) S. à R. L. & Cie, S. C. A., Also referred to as “PayPal Europe”. This service allows the sending of payments free of charge, which will take place by lending the customer’s personal account on Paypal, for more information visit the PayPal website. In cases of purchasing products with
PayPal payment method, at the same time as the online transaction is concluded, the relative amount is charged to the PayPal account at the time of acquisition of the purchase proposal.
In the event of cancellation of the order and / or the purchase proposal, both by the Customer and in the event of non-acceptance of the same by the Seller, the amount will be refunded to the Customer’s PayPal account.
Having requested the cancellation of the transaction, in no case can the Seller be held responsible for any direct or indirect damage caused by delay in the failure to release the amount committed by PayPal. At no time during the purchase procedure the Seller is able to know the Customer’s financial information. Since there is no data transmission, there is no possibility that this data will be intercepted. No electronic archive of the Seller contains or retains such data.
For each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail from PayPal. - BANK TRANSFER. By paying by bank transfer, the products will be shipped only after verifying the crediting to the Seller’s current account. The bank details are indicated on the website and will in any case be communicated to the Customer in the acceptance of the order: once the acceptance of the order by the Seller has been received, the Customer must make the bank transfer before shipping the products. The order ordered by the Customer will be kept busy until receipt of proof of the transfer, to be sent to the Seller (by fax or e-mail) no later than 3 working days from the date of acceptance of the order. The dispatch of the order will take place only when the amount due is actually credited to the Seller’s Current Account, which must take place within 5 working days from the date of acceptance of the order. Beyond these deadlines, the order will be considered automatically canceled.
The reason to be reported on the bank transfer must indicate: the order reference number, the name and surname of the order holder, the customer code provided by the Seller and the Order Date.
I > FULFILLMENT OF ORDERS:
- Once the order has been accepted (see p. To C. 3) and the availability of the products requested by the Customer has been verified, the Seller will process the order within a maximum of 30 days from the date of acceptance of the order. By order fulfillment we mean the delivery of the package to the appointed forwarder.
- The Seller undertakes to immediately ship the products which are available in stock. If the products requested by the Customer are not available in stock, the Seller will produce them.
L > BILLING:
During the order fulfillment phase, the Seller will issue a receipt or Accompanying Invoice for the amount of the order, which will then be inserted into the package that will be delivered to the Customer, according to the procedures set out in p. To M (Delivery).
M > DELIVERY OF PRODUCTS:
- The products purchased on the Site can be delivered throughout Italy, including the islands. In the event that the Customer wishes to have the products ordered delivered in a foreign country (part of those served by the Seller), the order must be placed on the site of the respective country (for example in the event that you wish to have the products delivered in Germany, you will have to place your order on the Site for Germany). It is the country of delivery that determines the site on which to place the order. The order will be delivered to the address indicated at the time of the order.
Alternatively, you can place the order by e-mail, in this case you can request delivery to any country in the world from any country the order comes from. In this case, the customer will receive a specific estimate for the shipping costs. - DELIVERY TIME. Delivery times vary depending on the courier that will be used. The delivery times indicated on the Site are indicative and subject to change. The couriers carry out the transport and delivery of products only on weekdays, so Saturdays, Sundays and holidays are excluded. The Seller cannot be considered responsible for the consequences of any delay in delivery or loss or damage to the order by the courier. In the event that the order has not been delivered on time, the Seller may, at the request of the Customer, investigate the reasons for this delay. During this verification period, of about 15 days, it will not be possible to proceed with a refund or a new shipment of the order.
- COURIER USED. The Seller reserves the right to ship the products with the courier best suited to the logistical needs of the case.
- CALCULATION OF EXPENSES. Delivery costs are calculated based on weight, size, destination of the packages and any additional services requested by the Customer based on availability. These costs will be calculated and indicated in the cart at the time of filling out the purchase proposal.
- DELIVERY METHODS. Delivery methods vary depending on the courier that will be used. The Customer has the possibility to choose between various delivery methods available at the time of compiling the purchase proposal.
- DELIVERY BY COURIER. Delivery is made throughout Italy in 48 hours, with the exception of the islands for which delivery will be made in 72 hours. If no one is present at the time of delivery, the courier will leave a paper notice indicating: the day and time the delivery was attempted and the details of the nearest branch for any contacts.
The courier will attempt delivery the next day and in the event that the second attempt is also unsuccessful, the package will remain in storage at the branch for a total of 4 days. During this period, the Customer will be contacted by the Seller to obtain precise information regarding:
– new delivery methods
– possibility to collect the package at the nearest branch. In any case, it is advisable to contact the nearest branch to know the exact times.
After 4 days without the Seller being able to contact the Customer, the package will be sent back to the Seller’s warehouse. If the Customer is interested in receiving the package again, he must contact the Seller and arrange for a new shipment to be paid by the Customer. - STATIONARY STORAGE. The package will be sent to the nearest courier branch within the times indicated above for delivery. The customer will, within 3 days from the date on which the package arrives at the branch, to collect the package during the opening hours: 9.30-12. 00 AND 15. 00-18. 00 Monday to Friday, Saturday morning 9. 30-12. 00. However, it is advisable to contact the nearest branch to ensure that the package has arrived. If the Customer fails to collect the package within 3 days, the latter will remain in storage for 8 days at the branch. During this period, the Customer will be contacted by the Seller to obtain precise information regarding the new collection / delivery methods. After 8 days without the Seller being able to contact the Customer, the package will be sent back to the Seller’s warehouse. If the Customer is interested in receiving the package again, he must contact the Seller and arrange for a new shipment to be paid by the Customer.
- ACCEPTANCE OF THE PACKAGE. At the time of delivery, the Customer must check the integrity of the external packaging, but will not be able to open the packaging.
If no problems are found, the Customer must accept the delivery and possibly pay the amount of the order on delivery to the Courier.
In the event of external material damage to the packaging due to transport, the Customer may:
8.1. Reject the package, indicating the reasons for the refusal
8.2. Accept the delivery with reserve by putting on the courier’s bulletin the words “I accept with reserve” and a detailed description of the damage visible on the outside of the box, followed by your signature. Within 48 hours, the Customer is required to send a communication to the Seller’s Customer Service describing the incident and indicating the order number and / or DDT. Otherwise, any request for reimbursement relating to such damages will be automatically refused.
N > RIGHT OF WITHDRAWAL:
- The Seller has chosen to extend the withdrawal procedures provided for pursuant to art. 64 And segg of the D. Lgs. N. 206/2005, Increasing the time for the withdrawal from the times of law to 100 days. If the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), he has the right to withdraw from the purchase without any penalty and without having to specify the reason, no later than 100 days from delivery (the delivery date shown on the courier’s waybill is valid).
- The right of withdrawal is exercised within the expected term of 100 days from delivery, by sending an e-mail to info@ivisionhealth.it and all the goods and the purchase receipt purchased at the following warehouse address: via J. Ressel, 2, 34018 San Dorligo della Valle (TS), Italy
- Pursuant to art. 55 Paragraph 2 of Legislative Decree 206/05, Unless otherwise agreed between the parties, the consumer cannot exercise the right of withdrawal for the following products: goods made to measure or clearly personalized.
- In case of applicability of the right of withdrawal, the Customer is required to:
Return all items relating to the order as they have been received at his own expense, i.e. absolutely new, unused, complete with all their parts, in their original packaging (envelopes and packages) and with the guarantee seals intact and intact (where present). Failure to comply with these principles makes the right of withdrawal inapplicable.
ATTENTION: until the certificate of receipt at the Seller’s warehouse is received, the products are under the full responsibility of the Customer. - For the return of goods, the Seller invites the Customer to cooperate, following our procedure for sending returns and not to ship products for which the right of withdrawal is not applicable. If the Customer sends the Seller products for which the right of withdrawal is not applicable, the collection of the goods at the Seller’s warehouse will be the Customer’s responsibility.
- In case of application of the right of withdrawal, once the goods have been received, the Seller will make the necessary checks relating to their compliance with the conditions and terms indicated on p. To 12. 4. In the event that the checks are concluded positively, the Seller will send the Customer confirmation of acceptance of the returned products. ATTENTION: If the products returned by the Customer do not meet the necessary requirements to accept the withdrawal, the Seller will not refund the amount paid by the Customer for the purchase.
- In case of acceptance of the returned products, the Seller will refund the full amount paid by the Customer, excluding shipping costs, within thirty days from the date on which the communication is received. The refund will be made in the following ways: an exchange of goods, the reversal of the handling relating to the payment made by reimbursement to the Customer’s PayPal account or a bank transfer. In the latter case, it will be the Customer’s responsibility to promptly provide the bank details on which to obtain the reimbursement (ABI Code – CAB – Current Account of the invoice holder).
- The right of withdrawal is totally lost, for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where the Seller ascertains:
- The use of the asset that has compromised its integrity, or the use of any consumables;
- The lack of the external packaging and / or the original internal packaging;
- Damage to the product for reasons other than its transport.
- In case of forfeiture of the right of withdrawal, the Seller will return the purchased good to the sender, charging the shipping costs to the sender.
O > WARRANTY:
- All products sold on the Site are subject to the discipline, as applicable, referred to in d. Lgs. N. 206/2005 And, for what is not contemplated therein, the specific provisions foreseen in the matter by the Civil Code. The products are covered by the manufacturer’s conventional warranty and, for final consumers only, by the legal guarantee of 24 months for lack of conformity, pursuant to articles 128 Ss. Legislative Decree No. 206/2005. The manufacturer’s conventional warranty is provided in the manner illustrated by the manufacturer himself.
The 24-month warranty applies to products with a lack of conformity, provided that the product itself has been used correctly and in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for the private consumer, on the other hand, it will expire when negligence, poor conservation of the product, negligence during use or maintenance is found. In the event of a lack of conformity, the Seller will restore the conformity of the product by replacing or reducing the price, until the contract is terminated. - In the event that, for any reason, the Seller is not able to replace a product under warranty, he may proceed, with the prior consent of the Customer, to replace the product with another of equal characteristics and value or to issue a discount voucher. of the same amount that can be spent on another product valid for 12 months from the time of release.
- No damage can be claimed from the Seller for any delays in the replacement of products under warranty.
- In cases where the application of the guarantees provides for the return of the product, the Customer must:
- Fill in the Return Form available on the Site
- Return the product to the Seller in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, it is recommended, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided.
P > RETURN OF PRODUCTS / RETURNS:
- If the Customer has to return the products to the Seller, he must send an e-mail to info@ivisionhealth.it and all the goods and the purchase receipt purchased at the following warehouse address: via J. Ressel, 2, 34018 San Dorligo della Valle (TS), Italy
- The items must be returned to the Seller’s warehouse address as they arrived at the Customer, i.e. absolutely new, unused, complete with all their parts in their original packaging (envelopes and packages) and with the guarantee seals intact and intact ( where present). In all cases of returning the goods, the
transport costs and risks are charged to the customer. Except for the return of defective goods under warranty in which case the costs of redelivery for the replacement of the product are charged to the Seller. - Once the goods have been received, the Seller will make the necessary checks relating to their compliance with the conditions and terms indicated in p. To 12. 4. In the event that the checks are concluded positively, the Seller will send the Customer confirmation of acceptance of the returned products.
Q > REFUNDS:
- In cases expressly provided for in which the Customer is entitled to a refund of the price paid for the products purchased, this will take place within the terms and conditions established in these General Conditions on p. To N (Right of withdrawal).
- The refund will be made for the full amount paid by the Customer to the Seller, net of shipping costs, within thirty days from the date on which the communication is received. The refund will be made in the following ways: an exchange of goods, a refund to the Customer’s PayPal account or a bank transfer. In the latter case, it will be the Customer’s responsibility to promptly provide the bank details on which to obtain the reimbursement (ABI Code – CAB – Current Account of the invoice holder).
R > PRIVACY:
- The Seller guarantees the Customer compliance with the legislation on the processing of personal data, governed by the Code regarding the protection of personal data, pursuant to Legislative Decree No. 196 of 30.06.03.
- Pursuant to art. 13 of Legislative Decree 196/03, the Customer, in the forwarding phase of the purchase proposal and in the online registration phase on the Site, is informed about the processing and protection of personal data and authorizes the Seller to use them in order to satisfy the obligations arising from the contract. Such data will in no case and for no reason be transferred to third parties unrelated to the fulfillment of the contract.
- The information requested by the Seller from the Customer is essential for the processing and validation of orders as well as for the issuance of invoices, therefore the absence of such data results in the automatic cancellation of the order. Registration on the Site involves the obligation to provide truthful and sincere personal information. The communication of false information is contrary to the provisions of the present General Conditions and the Conditions of Use of the Site.
R2 > PURPOSE OF THE TREATMENT:
- The data processing has the purposes directly connected and instrumental to the fulfillment of the order sent by the Customer;
- Furthermore, the data processing will also be carried out for marketing activities, sending advertising material and commercial information in any way and by any means carried out, only with the explicit consent of the Customer issued together with the authorization to process the data present in the proposal. purchase and in the online registration form.
R3 > METHOD OF TREATMENT
- The data will be processed mainly with electronic and IT tools and stored both on IT supports and on paper supports and on any other type of suitable support, in compliance with the minimum security measures pursuant to the Technical Regulations regarding minimum security measures, Annex B of Legislative Decree 196/03.
R4 > OPTIONAL NATURE OF DATA ACQUISITION
- The acquisition of personal data is optional. However, failure to provide, even partial, the personal data required for completing the purchase proposal and / or the registration form on the Site may make it impossible to proceed with the complete execution of the contract.
R5 > SUBJECTS TO WHOM THEY MAY BE COMMUNICATED
- Personal data may be disclosed to subjects who work for the Seller and who perform the functions of data processor and processor; the staff has been duly trained in matters of security and protection of personal data; in any case, the prohibition on communicating or disseminating personal data to subjects not necessary for the fulfillment of the Customer’s order remains unaffected.
R6 > RIGHTS OF THE INTERESTED PARTY
- In relation to the processing of personal data, pursuant to art. 7 of Legislative Decree 196/03, the customer has the right to obtain confirmation of the existence or not of personal data concerning him, and their communication in an intelligible form. The Customer has the right to obtain the indication:
- Of the origin of personal data
- Of the purposes and methods of the processing
- The logic applied in case of processing carried out with the aid of electronic tools
- Of the identification details of the owner and of the data processors
- On the subjects or categories of subjects to whom the data may be communicated or who can learn about them as appointed representative in the State, managers or agents
- The Customer has the right to obtain:
- The updating or integration of data;
- The cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that need to be kept for the purposes for which the data were collected or subsequently processed.
- The Customer has the right to object, in whole or in part:
- For legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
- To the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
- The Customer, at any time, has the right to withdraw consent to the processing of personal data with written communication to be sent to the Seller’s registered office.
R7 > HOLDER OF THE TREATMENT. The data controller is:
IVISION SRL
Via dei Solteri, 105, 38121 Trento
P.IVA 02390970305
R8 > EXERCISE OF RIGHTS. To exercise the rights provided for in art. 7 of Legislative Decree 196/03, listed above, the Customer must send a written request, without particular formalities, to the Seller.
R9 > ADVERTISING COMMUNICATIONS:
Pursuant to Legislative Decree No. 196/2003, the marketing activities, the sending of advertising material and commercial information will take place only with the explicit consent of the Customer issued together with the authorization for the processing of personal data present in the proposal for purchase and in the online registration form.
S > COMPLAINTS:
Any complaint must be addressed to the Seller’s registered office.
T > RESOLUTION:
- The parties have the right to terminate the contract with immediate effect in the event of non-fulfillment, even partial, of the obligations arising on the other party by means of a written communication to be sent to the counterpart by registered letter A. R.
- The Seller also reserves the right to refuse any other subsequent order from the defaulting Customer, also reserving the right to take legal action to protect his rights. The termination in any case will not affect the rights due to each of the parties and already accrued at the date of the termination.
U > MAJOR FORCE:
- One party will not be held liable to the other for delays or failure to execute contractual obligations caused, directly or indirectly, by force majeure beyond its control, such as for example: natural phenomena of particular intensity, war events, strikes, unforeseen restrictions ordered by the authorities, etc. In such cases, the interested party will promptly notify the other party of the event.
- In any case of force majeure, the parties will have the right to cancel the contract or request its execution within a deadline to be set. Of course, in the latter case, the terms for the fulfillment of the contract will be extended for a period corresponding to the suspension.
V > LIMITATIONS OF LIABILITY:
- The Seller assumes no responsibility for inefficiencies attributable to force majeure, as indicated in p. To U (Force Majeure), which prevented, in whole or in part, the execution of the sales agreement within the agreed time.
- The Seller will not be liable to any party for damages, losses and costs incurred as a result of the failure to execute the sales agreement for the aforementioned causes, or for damages, losses and costs incurred as a result of the use. o the impossibility of using the products purchased on the Site, since the Customer is only entitled to a refund of the price paid, excluding any shipping costs.
- Likewise, the Seller is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the purchased products. In fact, the Seller is not able to know the buyer’s credit card number at any time during the purchase procedure; at the same time, the Seller is unable to check the correct and lawful origin of the credit that is indicated by the Customer when completing the purchase proposal.
- The Seller cannot be held responsible for the loss or damage suffered by the Customer due to delays, slowdowns and interruptions of the e-commerce service, if such events do not depend on its conduct or are caused by the malfunction of the telecommunications services.
- The Seller cannot be held responsible for delays in the execution of the purchase order or for the non-execution of the same, if such situations are caused by impediments beyond its control, which the Seller could not reasonably foresee and the consequences of which they could not be avoided or limited.
W > JURISDICTION AND APPLICABLE LAW:
- The sales contract between the Seller and the Customer is concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes deriving from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference forum of his / her town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Udine.
Z > CONDITIONS:
- The sales contract between the Seller and the Customer is concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes deriving from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference forum of his / her town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Udine.
- The conditions contained in this document may be modified by the Seller without notice and will be valid from the date of publication on the Site.