1. Recitals and effectiveness of the General Terms and Conditions
The seller of the products (the "Products" or the "Product") and owner of the Website (the "Website") is the company named MIR - Medical International Research S. p. A, Tax Code and VAT no. 04564101006, with registered office in 00155 - Rome, Via del Maggiolino 125 (the "Seller").
These general terms and conditions of sale (the “General Terms and Conditions”) govern the distance purchase, via the Website, of Products in compliance with Italian law.
The person who accesses the Website to make purchases (the "Customer") is obliged, before proceeding to purchases, to carefully read and accept these General Terms and Conditions by accessing the relevant page of the Site where they are published and which can be consulted at any time also through the link contained in the confirmation e-mail of each order in order to allow them to be reproduced and memorized.
In the event that the Customer who makes purchases through the Website is a "professional" as defined by Article 3, paragraph 1, letter c), of Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter respectively the "Professional Customer" and the "Consumer Code"), neither the right of withdrawal regulations set out in Article. 6. 6 of these General Terms and Conditions nor, more generally, the provisions that apply only to the so-called "consumer" as defined in Article 3, paragraph 1, letter a) of the Consumer Code (hereinafter "Consumer Customer").
The languages available for purchasing Products on the Website are Italian and English.
In order to be able to purchase via the Website, the Consumer Customer must be at least eighteen years old.
2. Choosing and Ordering Products
The characteristics, price and label of each Product are given in the relevant description sheet. The graphic representation of the Products corresponds to the photographic image accompanying the respective description sheet.
In order to be able to purchase Products on the Website, the Customer must register or access to reserved area, fill in and send the order form (the “Order”) in electronic format, selecting the chosen method of payment.
Following the sending of the Order:
- the Customer will receive an e-mail from the Seller containing a reference to these General Terms and Conditions, the Order number, a list of the Products covered by the Order with their essential characteristics and the total price, including delivery charges and any additional charges;
- the Seller will check the availability of the Products in the Order and: i) if the Goods are available, the Order will be carried out; ii) if the Products are not available, the Order will be cancelled; iii) if only some of the Products in the Order are not available, the Order will be carried out only for the part of the Products available.
3. Prices and delivery charges
Product prices are in Euro and include VAT.
Delivery costs, if any, shall be borne by the Customer and shall be indicated in detail prior to the placing of the Purchase Order (the "Ancillary Costs").
4. Methods of payment
4.1 Payment Methods
The Customer may pay the price of the Products and the Ancillary Charges by PayPal.
Once the Order has been placed, the Customer will be redirected to the PayPal website where he/she can make payment through his/her account or by using a card, even a prepaid card, or in any case according to the terms accepted by PayPal and in compliance with related terms and conditions.
If the purchase is made by a Professional Customer, the latter may request the issue of an invoice by checking the appropriate box during the order process and entering the invoicing data including tax code and/or VAT number. In this case, the invoice will be sent by e-mail to the address indicated. The Professional Customer is responsible for correctly entering the invoicing data and is expressly informed that, if the invoice is not requested during the order process, it will not be possible to request it later.
5. Transport and delivery
The Products will be delivered to the address selected by the Customer during the purchase procedure in the “Shipping Address” field.
All Products shall be delivered by UPS express courier, it being understood that the Seller shall in no event be liable for unforeseeable delays or delays not attributable to it (the "Shipment").
Once the Products have been shipped, the Customer will receive a confirmation e-mail from UPS which will include a link to refer to for tracking the shipment. Except in the event of force majeure or unforeseeable circumstances, the Products will be delivered from the day following the day on which the Seller confirmed the order to the Customer:
- within 3 working days in Italy (excluding Calabria and islands)
- within 4 working days for Calabria and the islands (Italy)
- within a period of 7 working days for the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (with the exception of the Canary Islands, Ceuta and Melilla), Sweden, Czech Republic, Slovakia, Slovenia.
The delivery obligation is deemed fulfilled by the transfer of the material availability or control of the Products to the Customer. The risk of loss of or damage to the Products, for causes not attributable to the Seller, shall be transferred to the Customer when the Customer, or the third party designated by the latter and other than the carrier, takes physical possession of the Products.
In the event of non-delivery due to the absence of the addressee at the address specified in the Order, after three unsuccessful delivery attempts the Shipment will be "held in storage" at the UPS Access Point closest to the destination address; in the event that the Customer expressly refuses to take delivery of the purchased Products, the Shipment will automatically be held in storage at the UPS Access Point closest to the destination address. In the event of non-delivery of the Products within 7 (seven) working days from the day following the day on which the courier left the notice of transit or from the day on which the Customer refused to take delivery of the Products, or in the event of non-delivery due to an incorrect address, the Contract of Sale shall be considered terminated for cause pursuant to Article 1456 of the Italian Civil Code.
The Customer shall be entitled to obtain a refund in an amount equal to the purchase price of the Products paid by the Customer, including the Ancillary Charges, deducted the costs incurred by the Seller for the unsuccessful delivery and return, as well as for storage. The total amount so determined shall be communicated by the Seller to the Customer.
6. Right of Withdrawal
Without prejudice to the cases of exclusion provided for in section VII of this Article 6 below, only the Consumer Customer has the right to withdraw from the Product purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty (the "Right of Withdrawal" or the "Withdrawal"). The Right of Withdrawal is not recognised for the Professional Customer.
Right of Withdrawal may relate to all or only part of the Products purchased by the Consumer Customer.
The Right of Withdrawal may be exercised within 14 days after the date on which the Consumer Customer, or the third party designated by him, has acquired physical possession of the Products.
In the case of multiple Products ordered by the Consumer Customer by means of a single Order and delivered separately, the Right of Withdrawal may be exercised within 14 days from the date on which the Consumer Customer, or the third party designated by him, acquired physical possession of the last Product.
In order to exercise the Right of Withdrawal, the Consumer Customer shall send a written communication to the Seller, within the aforementioned term, to the following e-mail address firstname.lastname@example.org indicating: Order No., name and surname of the holder of the Order and the reason for the withdrawal (the indication of the reason is optional and will not prejudice the right of withdrawal, the indication of the reason for the withdrawal is required by the Seller to improve the sales service, the statistics associated with such evaluations are carried out in a completely anonymous manner and in full compliance with privacy regulations) or alternatively the Customer may use the form at the link.
Once the notice of withdrawal has been received, the Seller's customer service will, after verifying the regularity of the withdrawal, notify the Consumer Customer by e-mail of the confirmation of the Right of Withdrawal exercised, the case number and instructions for returning the Products.
The Right of Withdrawal is also governed by the following conditions.
I. The Right of Withdrawal applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the Right of Withdrawal only for part of the purchased Product.
II. If the Right of Withdrawal is exercised in a timely manner, the Seller shall refund the Consumer Customer the full price of the Products (including the Ancillary Charges) that are the subject of the Withdrawal (the "Returned Products") within 14 days from the date of receipt of the notice of Withdrawal. The Seller shall be entitled to suspend the refund until receipt of the Returned Products.
III. The refund will be made using the same method of payment used by the Consumer-Customer.
IV. A Consumer-Customer who has given notice of withdrawal within the term and in the manner set out above shall return the Returned Products to the Seller no later than 14 days after sending the notice of Withdrawal.
V. All costs necessary to return the Products shall be borne by the Seller.
VI. The Products must be returned undamaged and in their state of preservation, in their original packaging, complete with all their parts (including packaging and ancillary documentation). Non-conforming returns will not be accepted. Shipping address: Via del Maggiolino 125, Rome 00155, Italy.
VII. The Right of Withdrawal is excluded pursuant to Article 59 co. 1 lett. e) of the Consumer Code, in cases of sealed Products that are not suitable to be returned for hygienic or health protection reasons and that have been opened after delivery. In this regard, it is specified that the “Cardionica” Product is excluded from withdrawal where the CardioDot sensor has been opened after delivery.
7. Legal warranties
7.1. Legal warranty for the Consumer Customer
The Consumer Customer has the right to make use of the legal warranty provided for in Article 133 of the Consumer Code. This warranty provides that the Consumer Customer must notify the Seller of any lack of conformity of the Product in writing by e-mail to the address email@example.com. Following this complaint, the Consumer Customer shall be contacted by the Seller's customer service department, which shall verify the validity of the request. If the legal requirements exist, the Customer Consumer shall be entitled to request the repair or replacement of the defective Product, without prejudice to any other rights provided by law in its favour. By virtue of the aforementioned warranty, the Seller shall be liable for conformity defects that become apparent within 2 years from delivery of the Product. Beyond this term, the Seller, therefore, shall not be liable for conformity defects discovered by the Consumer-Customer. The legal action against defects that have not been fraudulently concealed by the Seller shall be time-barred within 26 months from delivery of the Products. In the event of replacement or repair of the Product, the terms of the warranty relating to the replaced or repaired Product shall be the same as those of the original Product. Therefore, the overall two-year duration of the legal warranty shall in any case start from the delivery of the original Product. In order to benefit from the warranty, the Consumer Customer shall provide evidence of the date of purchase.
7.2. Legal warranty for the Professional Client
The Professional Customer is entitled to make use of the legal warranty provided for by the Civil Code. This warranty provides, inter alia, that the Professional Customer, under penalty of forfeiture (“decadenza”), must notify the Seller of any defect or lack of conformity of the Product within 8 days of its discovery. This warranty shall remain in force for 12 months from delivery of the Product. Therefore, after this term, the Seller shall not be liable for any defects or lack of conformity. In order to benefit from the warranty, the Professional Customer must provide evidence of the date of purchase.
8. Errors and Limitations of Liability
The information on the Products is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Seller cannot be held liable, except in cases of fraud or gross negligence.
The Seller reserves the right to correct any errors, inaccuracies or omissions even after an Order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and applicable law.
Except in the case of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfilment, even partially, of an Order and the sale of Products, is excluded.
All liability for direct or indirect damage of whatever nature or in whatever form it may be manifested, resulting from the use of the Website and/or the news, photos and information contained therein are also expressly excluded.
Any complaints should be forwarded to the Vendor by writing to the e-mail address: firstname.lastname@example.org.
10. Applicable Law and Jurisdiction
The sales contract between the Customer and the Seller is concluded in Italy and governed by Italian law. All disputes that may arise between the Seller and a Customer in relation to these General Terms and Conditions and/or individual purchase orders shall be devolved to the exclusive jurisdiction of the Court of residence or domicile of the Customer, if located in the Italian territory; in all other cases, the Court of Rome shall have exclusive jurisdiction.
11. Processing of Personal Data
The Customer's personal data shall be processed by MIR - Medical International Research S.p.A in compliance with the provisions of the law on the protection of personal data, as specified in the information sheet provided in the relevant section.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Professional Customer declares that he/she expressly and unconditionally accepts Articles 5 (transport and delivery), 8 (Errors and limitations of liability) and 10 (Applicable law and competent court).