Terms and conditions
GENERAL CONDITIONS OF THE DOLOMITIMEDICAL.COM SITE
This page contains the legal conditions relating to the use of the site (www.dolomitimedical.com) (hereinafter, the "Site") and purchases made through it by Professionals and Consumers.
- Identification of the selling party
The site manager (hereinafter also the "Manager" or "Seller") is Dolomiti Medical by Holding Dolomiti S.R.L., via Carlo Rizzarda, 8, 32023, Feltre (BL), p.i. 01216030252.
You can contact the seller at the addresses indicated in contact page or to the email address firstname.lastname@example.org or to the other addresses indicated below for specific issues.
In the context of these general conditions, the following definitions apply:
- “Customer", The natural or legal person who makes a purchase of the products marketed by the Seller through this Site or through other channels to which these conditions apply. The Customer is identified in the owner of the User Account of the site;
- “Consumer", The natural person who acts for purposes unrelated to his business, commercial, craft or professional activity;
- “Professional", The natural or legal person who acts for purposes connected, even in part, to his own entrepreneurial, artisanal, commercial or professional activity.
- Operation of the site
3.1. Within the Site there is a catalog of products from which the Customer can select the goods he intends to purchase.
3.2. On the site there is a list, called "virtual cart", within which the customer can insert one or more products, customized or not, for which he intends to submit a purchase order. The inclusion of an asset in the virtual shopping cart is in no way binding on the purchase and only serves to identify the goods that will be the subject of the purchase procedure.
3.3. Users have the ability to create a user account on the Site, generating a pair of credentials (username and password) and associating an email address with it. By accessing the user account, it will be possible to view and manage the orders placed.
3.4. Purchases can be completed as an unregistered “guest” user. In this case, all the data necessary for the management of the sale must be communicated at the time the order is sent.
3.5. It is also possible to complete the purchase using the fast checkout procedures made available by Paypal, Google Pay, Shop pay platforms. In this case, the Customer will provide such data to these platforms, which will manage the payment and the transmission to the Seller of the data relating to the transaction.
- How to conclude the contract
4.1 Sending the order
4.1.1. The product purchase procedure requires the Customer to select the products he intends to purchase from the Site catalog and place them in his virtual shopping cart. The inclusion of products in the virtual cart is in no way binding on the purchase.
4.1.2. The purchase procedure (or checkout) is accessible from the summary page of the goods included in the virtual cart. During the checkout procedure, the Customer must provide billing data, indicate the shipping and payment methods and must expressly accept these General Conditions. The Customer can interrupt the purchase procedure at any time until the confirmation button is pressed.
4.1.3. The purchase procedure will end by pressing the order confirmation button by the user and starting the payment procedure, through which the electronic transmission of the purchase order to the Seller will be arranged. By pressing this button, the Customer will be legally bound to purchase. The purchase order has the value of a contractual proposal and will not be legally binding on the seller until it has been accepted in the following terms.
4.2 Order confirmation
4.2.1. Following the sending of a purchase order, the Manager, directly or through one of the quick checkout platforms used, will send the Customer an order confirmation by email. The confirmation will contain the payment receipt, and will contain the General Conditions of Sale in force at the time of purchase as well as information relating to the characteristics and quantities of the goods purchased, an indication of the final price, including taxes, excise duties, expenses shipping and any other additional cost, information relating to the right of withdrawal and the legal guarantee.
4.2.2. The order confirmation constitutes proof of payment and purchase and must be kept by the Customer.
4.2.3. The sending of the Order confirmation has the value of acceptance of the proposal.
4.3 Cancellation of the Order
4.3.1. The Seller reserves the right to unilaterally cancel the order if:
- there is no availability of the products ordered in the Seller's warehouse;
- from the elements purchased in the context of the sale, the Seller has a reasonable suspicion that the User Account has been used for the transmission of purchase orders by a minor or incapable person;
- the payment is not successful or is revoked or contested after sending the order confirmation;
- the means of payment used (for example, credit card or PayPal account) is blocked, cloned or violated or elements suitable to raise doubts that the payment was not initiated by the holder of the means of payment;
- the purchase order appears anomalous and incongruous and leads to the suspicion that it is the result of abusive or fraudulent conduct, evaluated in relation to its contents and the context in which it was sent, for example on the basis of elements such as: the type of goods purchased, the quantity of goods purchased, the frequency of purchases or the shipping address;
- the Customer has in the past revoked the charges or requested refunds or refunds without adequate justification;
- the Customer has repeatedly abused the rights attributed to him by law in previous transactions to the detriment of the Seller.
4.3.2. The Customer may cancel the order until the Seller has entrusted the goods to the courier for shipment. After that time, your right of withdrawal remains unaffected pursuant to art. 10.
4.3.3. In the event of cancellation of the order, the Seller will, as soon as possible, refund the Customer the price paid through the same means used for payment.
5.1. The unit prices of the products indicated on the Site are inclusive of VAT, taxes and excise duties due in Italy.
5.2. The Seller may change the prices of the products displayed at any time. The price changes will be effective for all purchase orders placed after the publication of the new prices on the website.
5.3. The Seller may also apply any higher costs arising from the increase in excise duties or taxes to sales orders sent and not yet accepted, if they are also due by law on such orders.
- Payment methods accepted
6.1. The Seller accepts the following payment methods:
- Shop pay;
- Apple pay
- Google Pay;
- Credit Card (Visa, Mastercard, American Express, Carta Aura);
6.2. Payment will be made through the payment management platform to which the Customer will be connected after pressing the order confirmation button.
6.3. The payment platform will verify the information relating to the chosen payment method and proceed to the security checks.
7.1. The purchased goods will be delivered to the address indicated by the Customer in the Purchase Order by express courier. Shipments will be made only in Italy and Europe.
7.2. Orders received will be entrusted to the courier normally within 48/72 hours of placing the order.
7.3. Order fulfillment may require longer times at particular times of the year (for example, during the summer, during particular promotional events or during the Christmas holidays).
7.4. The normal delivery times in Italy by the express courier vary, depending on the place of residence of the customer, from 2 to 3 working days (in Italy) and 7 working days (in Europe) from the delivery of the shipment. Actual delivery times may be higher, in relation to elements not dependent on the Seller. The Seller assumes no guarantee regarding the delivery of the product within the normal shipping times.
7.5. In accordance with art. 61 of Legislative Decree no. 206/2005, in the event that the goods have not been delivered to the Customer within 30 days from the date of conclusion of the contract, the Customer, if a Consumer, will be entitled to request the termination of the contract and the reimbursement of the costs incurred for the purchase. of the goods.
7.6. Upon delivery of the product by the courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the courier's transport document and that the packaging is intact and not altered or damaged. The signing of the transport document precludes the right to contest the quantity and quality of what has been received.
7.7. Shipping costs vary according to the place of delivery:
- Peninsular Italy (except Calabria): € 7.90, free for orders over € 99.00;
- Insular Italy and Calabria: € 8.90, free for orders over € 99.00;
- Europe (EU): € 8.90.
Shipping costs will be calculated during the order formation procedure and will be displayed before sending the order confirmation.
- Assistance and complaints
8.1. The Customer may request assistance and submit complaints regarding the use of the Site and the orders sent by sending an email to the address email@example.com or by instant message on the Facebook page of the Seller.
8.2. The Site Operator undertakes to find complaints within three working days of receiving the request.
- Discounts and promotions
9.1. In the event that the Seller makes discounts and promotions available on the products sold on its site, it will make the information relating to the conditions for their application available to users of the Site. The conditions relating to discounts and promotions supplement these general conditions.
9.2. Unless otherwise indicated, the discount and promotional codes communicated through individual communication channels (eg e-mail or text message) are personal and cannot be transferred to third parties.
- Return of goods (Right of Withdrawal)
10.1. Terms and procedures for exercising the right of withdrawal
10.1.1. The Customer who holds the quality of Consumer may withdraw from the sales contract without giving any reason within the term of 14 days from receipt of the goods, understood as the moment when the recipient of the shipment acquires material possession of the goods.
10.1.2. If the goods relating to a single order have been shipped with multiple shipments, the term of 14 days will run from receipt of the last shipment.
10.1.3. The Customer must communicate the withdrawal within the deadline provided for in the previous paragraph, by filling out the form accessible at this link
or through other communication, to be sent to the e-mail address or by registered letter with return receipt to the Seller's contact details, in which the details of the order with respect to which the withdrawal is to be exercised are indicated and the consumer's will to withdraw from the contract by returning the purchased goods.
10.2. Shipping of goods in case of return
10.2.1. The Customer must return the goods at his own expense within 14 days from the date on which the withdrawal was communicated or confirmation from the Seller was received.
10.2.2. The Customer must return the goods using the original packaging or taking appropriate precautions to ensure that the goods are not damaged during transport.
10.3. Cases of exclusion of the right of withdrawal
10.3.1. Pursuant to art. 59, lett. d) and e) of the legislative decree n. 206/2005, the right of withdrawal is excluded for personal protective equipment (eg masks) and other medical devices and medical-surgical aids, sold in sealed and sterilized packages that have been opened after delivery.
10.3.2. The right of withdrawal is also excluded in the case of supply of goods made to measure or clearly personalized.
10.4. Refund in case of withdrawal
10.4.1. The Seller will reimburse the Customer without delay, or in any case within fourteen days of exercising the right of withdrawal, the price paid for the goods, including the shipping costs paid at the time of the order. The Seller may ask the Customer for proof of the shipment of the goods within the time limit set by law.
10.4.2. In the event that the goods are handled in a further way than is necessary to establish their nature and characteristics, the Customer will be required to indemnify the Seller for the lower value of the goods or, if lower, for the costs necessary for the restoration of the goods.
- Legal guarantee.
11.1. The goods sold through the Site are covered by a guarantee of conformity provided by the Seller in relation to the defects and / or lack of essential quality of the goods sold.
11.2. In the event that the Customer has the status of Consumer, he will be entitled to a legal guarantee of conformity on the goods sold for a period of 24 months from the delivery of the goods, provided that he reports them to the Seller within two months of discovery.
11.3. In the event that the Customer has the qualification of Professional, the legal guarantee will last for 12 months from delivery and must be reported within 8 days of discovery.
11.4. The reporting of defects must be sent by e-mail to the address firstname.lastname@example.org. The Customer must send the defective goods at his own expense to the Seller, who will examine them and, in the event that the defects and faults are confirmed, the Seller will replace the goods or provide the Customer with a discount voucher equal to the price. paid for the returned goods.
- Modification of the general conditions
12.1. The Manager reserves the right to modify the general conditions of the Site at any time by updating this page.
12.2. The changes to the general conditions, unless a later date is foreseen, govern all purchases made after their publication on this page.
12.3. All purchases made previously will remain governed by the conditions in force at the time of purchase. The Manager undertakes to make the previous versions of the conditions of sale available by means of suitable tools.
- Applicable law. Dispute Resolution. ODR platform.
13.1. These General Conditions and the contracts concluded through the Site are governed by Italian law. In the case of contracts concluded with Consumers established in a State other than Italy, towards which the Seller has directed its business, the application of Italian law does not affect the Customer's right to invoke the protection guaranteed by the mandatory provisions of the law that it would have been applicable to the contract if Italian law had not been chosen.
13.2. All disputes relating to the validity, execution and interpretation of this contract are subject to the exclusive and mandatory jurisdiction of the Court of Belluno.
13.3. If the Customer holds the status of Consumer, he can also contact the competent judicial authorities based on Section 4 of EU regulation no. 1215/2012, under the conditions set out therein.
13.4. In compliance with the provisions of art. 14 of EU Regulation 2013/524, the Seller informs that for disputes between Seller and Consumer concerning contracts concluded online, the European Commission manages an ODR (Online Dispute Resolution) platform to help consumers and traders to resolve their disputes in out of court. The platform can be reached at: http://ec.europa.eu/odr.