Terms of service
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 to 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 SRL, via Carlo Rizzarda, 8, 32023, Feltre (BL), pi01216030252.
You can contact the seller at the addresses indicated in contact page or at the email address firstname.lastname@example.org or at the other addresses indicated below for specific questions.
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 applyThe 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 among which the Customer can select the goods he intends to purchase.
3.2. On the site there is a list, called"virtual cart", in which the customer can insert one or more products, customized or not, for which he intends to submit a purchase orderThe 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 addressBy accessing the user account it will be possible to view and manage the orders placed.
3.4. You can complete your purchases as an unregistered"guest"userIn 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 the Paypal, Google Pay, Shop pay platformsIn 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 cartThe 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 cartDuring the checkout procedure, the Customer must provide billing data, indicate the shipping and payment methods and must expressly accept these General ConditionsThe 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 purchaseThe purchase order has the value of a contractual proposal and will not be legally binding for 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 reasonably suspects 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.
4.3.2The Customer may cancel the order until the Seller has entrusted the goods to the courier for shipmentAfter that moment, your right of withdrawal remains unaffected pursuant to art10.
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 timeThe 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 to sales orders sent and not yet accepted any higher costs deriving from the increase in excise duties or taxes, if they are due by law also on such orders.
- Payment methods accepted
6.1. The Seller accepts the following means of payment:
- 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 courierShipments will be made only in Italy and Europe.
7.2. Orders received will be entrusted to the courier normally within 48/72 hours from the transmission of the order.
7.3. The fulfillment of orders 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 assignment of the shipment.Actual delivery times may be higher, in relation to elements not dependent on the SellerThe Seller assumes no guarantee regarding the delivery of the product within the normal shipping times.
7.5In accordance with art61 of the legislative decreen206/2005, 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.
7.6Upon 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:€ 8.90.
Shipping costs will be calculated during the order formation procedure and will be displayed before sending the order confirmation.
- Assistance and complaints
8.1The 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 .
8.2The 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, discount and promotional codes communicated through individual communication channels (ege-mails or sms) are personal and cannot be transferred to third parties.
- Return of goods (Right of Withdrawal)
10.1Terms and procedures for exercising the right of withdrawal
10.1.1The 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 start from the receipt of the last shipment.
10.1.3. The Customer must communicate the withdrawal within the period 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.
10.2Shipping 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.
10.3Cases of exclusion of the right of withdrawal
10.3.1Pursuant to art59, lettd) and e) of Legislative Decreen206/2005, the right of withdrawal is excluded for personal protective equipment (egmasks) and other medical devices and medical-surgical aids, sold in sealed and sterilized packages that have been opened after delivery.
10.3.2The right of withdrawal is also excluded in the case of supply of goods made to measure or clearly personalized.
10.4Refund in case of withdrawal
10.4.1The 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 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.
11.1The 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.
11.3In 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 notification of defects must be sent by e-mail to firstname.lastname@example.orgThe 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
12.1The 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 purchaseThe Manager undertakes to make the previous versions of the conditions of sale available by means of suitable tools.
- Applicable lawDispute ResolutionODR platform.
13.1. These General Conditions and the contracts concluded through the Site are governed by Italian lawIn 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 may 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 art14 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 courtThe platform can be reached at:http://ec.europa.eu/odr.