E-commerce purchase general conditions for professionals
Please consult these General Conditions and the Privacy Policy relevant to e-commerce.
We inform you that the purchase of products on the website www.eumedica.it implies the acceptance and a comprehensive knowledge of these General Conditions. Eumedica will only accept orders that provides for the delivery of goods within the Italian territory. The delivery to P.O. box addresses or companies that provide clearance is excluded.
We also inform you that the e-commerce section of the website www.eumedica.it has no advertising purpose with respect to the products offered for sale. Every product is accompanied by a description of its technical features and the instructions for use and any other required information released by product manufacturer. This description is for information only and it is not intended in any way to influence the purchase by the customer or to provide to this latter a specialist medical or scientific or diagnostic advice. The Products are represented by an image that is only indicative of the product and that may not represent the reality in terms of size, packaging and colour.
The client undertakes to use any product purchased in the e-commerce area according to the instructions for use released by the manufacturer and present on the package or inside it.
In case of sale of the products to third parties, the client will be exclusively responsible for the terms of sale, instructions for use and any other information provided to the third purchaser.
Eumedica will not be liable in the event that the client uses the purchased product incorrectly or in a way different from the instructions contained in the description accompanying the product.
1. Definitions
“Eumedica”: the company that sells the Products, that is Eumedica S.r.l., VAT number 02444340281, with registered office in via della Meccanica 8/10 (35127) Padova, share capital Euro 97.870,00.
“Consumer code”: Legislative decree 06/09/2005, n° 206, Official Gazette 08/10/2005.
“Professional”: according to Consumer Code, it means the natural or legal person who acts in the exercise of its business, commercial, handicraft or professional activity or its intermediary.
“Client”: the Professional who purchases the Products present within the e-commerce of Eumedica.
“Products”: all the orthopaedic and care products that can be bought within the e-commerce, as well as any other kind of item, either created, manufactured, packaged and/or marketed by Eumedica.
“Order”: the purchase by the Client of one or more Products present within the e-commerce.
“B2B”: acronym of Business to Business.
“Parts”: Eumedica and the Client.
“Order Confirmation”: the summary of the Order sent by e-mail to the Client.
“My Profile”: it is the page/space of the Client who registered to the Site. By clicking on My Profile, the Client has access to the area “Your account”, that contains the following information: Information, Addresses, Order history and details, Credit notes, Product returns, My personal data;.
“Cart”: virtual cart where the Client, through point and click, inserts the Products that wants to purchase.
“Contract”: the distance sales contract.
“General Conditions”: these general conditions of e-commerce sale;
“Site”: the Site www.eumedica.it.
2. Object
These General Conditions govern the purchase by the Client of one or more Products present in the Site.
3. Information to the Client
3.1 Pursuant to art. 7 of the L.D. 70/2003, we provide the following information.
3.2 The identity, registered office and contacts of the entity that manages the sale are:
Eumedica S.r.l., P.IVA 02444340281 with registered office in via della Meccanica 8/10, (35127) Padova, share capital Euro 97.870,00.
3.3 In addition to the above mentioned compulsory information, we inform that, according to L.D. 70/2003:
- the identification data of Eumedica are the following: Eumedica S.r.l., P.IVA 02444340281, with registered office in via della Meccanica 8/10, (35127) Padova, share capital Euro 97.870,00 telephone number 0498932720, ordinary e-mail address info@eumedica.it, certified e-mail (PEC): eumedica@mail-pec.it, fax number 0498932651;
- the registration number to the economic activity repertory is REA PD – 230276.
3.4 The registered office and the contact details indicated in the previous paragraph are assumed as the address to which the Client can send the claims.
4. Purchasing procedure
4.1 The Client who wants to purchase on the Site has to connect to the Site, through a computer or another device, and to an Internet network and access to the address www.eumedica.it. The Client can purchase the Products in the e-commerce by accessing its own account, after registration, as provided for in the following art. 5.
4.2 For the purpose of the purchase, the Shop area and the description of the Products contained in it are to be considered as an offer to the public according to art. 1336 c.c.
4.3 The Client accesses the e-commerce area by the “Shop” section, where it has to select the Product it wants to buy.
4.4 By selecting the single Product or by clicking on “Find out more”, the Client views a page that shows the code, the description of the packaging and the quantity of the Product, the description, the price, the instructions for use and any other necessary information.
4.5 The Client, in order to proceed with the Order, has to choose the quantity and click on “Add to cart”.
4.6 By adding the Product or the last Product to buy to the Cart, on the right side of the screen a drop-down menu opens, named “Cart”, where the Client finds a list of all the Products it wants to buy, together with: typology, price of each Product and total due including taxes and shipment costs. The Client has the possibility to deselect, from the Cart, the Products it doesn’t want to buy any more or to modify the quantity. By clicking on “Proceed to payment”, the Client accesses the “Cart” section, where there is another summary of Products, quantities and prices and where, to proceed with the Order, it has to click again on the button “Proceed to payment”. Before proceeding with the Order, the Client has the possibility to come back to the Shop area by clicking on “Continue shopping” on the bottom left.
4.7 Should the Client wish to receive the Products at an address different from the one registered under My Profile, it can choose to add a new address by clicking on the button “Add a new address”, filling in the relevant form and selecting the new address.
4.8 Then the Client can choose the “Shipment method” and the “Payment method” among the ones stated by Eumedica (and precisely: wire transfer, PayPal), accept these General Conditions and proceed by clicking “Order with obligation to pay”.
4.9 The Contract of sale is concluded by pointing and clicking on the button “Order with obligation to pay”. The orders sent are binding for the Clients and they can’t be cancelled.
4.10 Upon Order receipt, Eumedica sends to the Client to the e-mail address shown in the section “Personal information” an Order confirmation message, containing the summary of Order number, list of Products, reference code, unit price, quantity, total price, shipment costs, taxes and total amount of the price paid or to be paid and link to which the Client can access to download these General Conditions.
4.11 If the Client chooses the payment through wire transfer, Eumedica, upon Order receipt, sends to the Client a separate e-mail where it communicates the reference code of the Order and the bank details to make the transfer. In this case, Eumedica reserves, in the favour of the Client, the Products purchased for 7 (seven) days, waiting for the payment. The Order will be processed once Eumedica receives the payment. If Eumedica does not receive the payment within 7 (seven) days from Order completion, this latter will be considered as cancelled.
4.12 Eumedica engages to maintain the Shop area updated and to suspend the sale of the Products that are momentarily unavailable in stock. It is understood that, if Eumedica can’t confirm the Order because of a sudden unavailability of the products selected or any other reason beyond its control, it has to communicate that to the Client by e-mail, stating when possible the planned period of restocking of the items required. In this case the contract will be cancelled and Eumedica will refund the Client of the Payment already received.
4.13 Eumedica, pursuant to art. 12 of the L.D. 70/2003 and the art. 49 of the Consumer code, complies with the information obligations as follows.
4.14 The technical phases for the purchase of Eumedica Products are:
- access to e-commerce;
- selection of the Product;
- addition of the Product to the Cart;
- addition of personal information and shipment address and invoicing details;
- summary of the Order and indication of shipment costs;
- submission of the Order;
- e-mail of Order processing;
- e-mail containing bank details in case of payment by wire transfer;
- payment by the Client;
- verification of the payment by Eumedica;
- e-mail of Order confirmation;
- shipment of Product and relevant invoice.
4.15 With reference to the technical means made available to the Client in order to find and correct the errors of data entry before order confirmation, the system automatically signals possible errors deriving from the failure to indicate the compulsory data in the Order fields.
4.16 With reference to the languages to conclude this contract, please refer to art. 16.
4.17 With reference to the indication of the means for settling a dispute, please refer to the following art. 15.
4.18 These General Conditions are and remain available to the user: storing and reproduction are always possible by saving the web page or through the copy/paste option. Besides, in the communication of Order confirmation by e-mail, the Client, by accessing to the link sent, can view and print these General Conditions.
5. Registration and management of My Profile area
5.1 The Client must create its own account by clicking on “Register” at the top right of the home page. To register, the Client has to indicate if it is a professional or an individual.
In case of a Professional, the Client must click on Require accesses, fill in the form with the information needed, accept the Conditions of use and send the registration request.
5.2 Once received the request, Eumedica reserves to verify the identity of the Professional and the activity carried out by it. Once ascertained the quality of the Professional of the Client, Eumedica will send to this latter an e-mail confirming its registration.
5.3 The Client can access to its own account by clicking on “Login” on the top right of the home page and entering its own username and password.
5.4 The account is composed of the sections:
- Information: where the personal data of the Client is shown;
- Addresses: where one or more addresses referable to the Client are shown;
- Order history and details;
- Credit notes: where the refunds made by Eumedica in favour of the Client are shown;
- Product return: where the returns of the Products purchased by the Client are shown.
- My personal data: where the procedures to exercise the access, rectification, cancellation and portability right concerning the personal data communicated by the Client through the Site are shown.
5.5 The Client who has an account can carry out the purchase procedure, please refer to what provided for by art.
5.6 The Client can ask to Eumedica to cancel its own account at any time by sending an e-mail to the address uff.vendite@eumedica.it Eumedica will eliminate the account in the subsequent 72 hours.
6. Prices
6.1 The price of the Product is the one indicated by Eumedica and shown in the e-commerce.
6.2 The prices shown in the Site are VAT excluded and they do not include the shipment costs to add to the total amount to pay.
6.3 The shipment costs are calculated once added the Product to the Cart and the Client views the amount before proceeding with the payment or continuing with the purchase phase, by clicking on “Proceed to payment”.
6.4 If Eumedica, because of a factual error, indicates in the e-commerce a different price compared to the actual one of the Product, it will promptly inform the Client by e-mail. The Client can freely decide if it wants to confirm the order or to cancel it.
6.5 If the amount indicated by Eumedica is higher than the price of the Product and the Client has already paid, Eumedica will pay to it within 5 (five) working days, in case of order confirmation, the excess amount or, in case of order cancellation, the whole amount, by wire transfer.
6.6 If the price indicated by Eumedica is lower than the price of the Product and the Client has already paid the lower price, the Client, in order to reconfirm the Order, will have to pay within 5 (five) working days starting from the communication of the correct price, the excess amount. Eumedica has no obligation to provide the Product at the lower price erroneously indicated. In case of non-payment within that period, the order is considered cancelled. Therefore, Eumedica, within the following 5 (five) working days, will refund the amount already paid by wire transfer.
6.7 Eumedica reserves the right to modify the prices at any time, without notice, therefore the prices shown in the website may be modified at any time. These modifications do not apply to the orders already placed and the possible price variations will be applied starting from the date of their publication on the Site.
7. Payment
7.1 The Payment of the price will be made through the methods chosen by the Client at the moment of the purchase.
7.2 In case of payment by wire transfer, it will have to be made within 7 (seven) working days from the conclusion of the Purchase using the details indicated in the e-mail received. The non-payment within that period is considered as an Order cancellation.
7.3 Following the complete collection of the price paid by the Client, Eumedica will send an e-mail to the Client to confirm the payment made.
8. Shipping methods and terms
8.1 In case of orders having a unit value higher than Euro 200,00 (two hundred), the shipping and delivery costs will be charged to Eumedica. For the orders having a value lower than Euro 200,00 (two hundred), the shipping and delivery costs will be charged to the Client and communicated to this latter during the procedure of purchase and before sending the order, as indicated in the art. 4.
8.2 Eumedica engages to deliver the Products to the shipment address indicated by the Client in the relevant Order within the time specified at the moment of the purchase.
8.3 Any kind of delay relevant to Product delivery is exclusively attributable to the shipping agent. Possible shipment delays do not imply order cancellation.
8.4 The Client can’t reject Product delivery. Stocks and returns will be debited to the Client.
8.5 Eumedica can’t be deemed liable for the delayed delivery or non-delivery of the Products if they are attributable to circumstances beyond the control of Eumedica and therefore not attributable to it. By way of example and in a non-exhaustive manner, we list the following circumstances:
- partial or total strikes, lack of electrical energy, natural disasters, measures imposed by public authorities, difficulties with transportation, riots, terrorist attacks and all other cases of force majeure;
- objective and proven difficulties in the procurement of raw materials;
- problems, in no way attributable to Eumedica, relevant to Order production or planning;
- delays of the shipping agent.
8.6 We specify that the occurrence of the above listed events will not entitle the Client to claim damages or other compensation of any nature, except for the case of intent or gross negligence of Eumedica.
9. Product receipt
9.1 Upon the takeover of the Products, the Client will have to check quantity and quality matching of the Products with what indicated in the accompanying document and will have to also check the integrity and the state of the packaging.
9.2 If the Client detects quantity and/or quality external discrepancies in the Products delivered, that is if the packages are damaged and/or not completely intact, it has to express its reservations to the forwarding agent and ask it to note the relevant discrepancies according to the forms prescribed for the mode of transport used.
9.3 We specify that Eumedica is not liable for the damages caused to the Products by the use of the Client, for the removal of the packaging, of blades, sharp objects or any other tool that can damage the Products.
10. Legal warranty
10.1 Eumedica ensures that the Products are exempt from manufacturing faults and defects and that they comply with the quantity and features indicated in Order confirmation and present on the Site.
10.2 The Client benefits from a legal warranty lasting 12 (twelve) months from Product delivery. The Client must report the defects within 2 (two) months from the discovery.
10.3 The legal warranty covers the failure of the Product, deriving from any manufacturing defects attributable to the manufacturer.
10.4 The warranty applies provided that the product has been used correctly, in compliance with its intended use and with what provided for in the relevant instructions and/or technical sheet present on the Site and/or the product package. Therefore the warranty excludes possible faults, defects, failures caused by an incorrect use and/or an use not compliant with its intended use and/or with what provided for in the instructions for use attached to the Product or present on the package. The warranty does not apply, by way of example and not limited to, to products or parts of the product subject to wear and/or consumable, or in the presence of circumstances which exclude a manufacturing defect of the same product. The legal warranty is void if the Product is tampered or if it shows repair signs made by unauthorised personnel.
10.5 The legal warranty implies for the Client the right to repair or replacement of the Product without additional expenses, provided that the presence of faults and/or defects was notified in compliance with point 10.2 and in the manners described in art. 11.
10.6 In case of Product return, both for repair and replacement, the shipment costs will be charged to the Client.
11. Claims and returns
11.1 The Client, in case of claims relevant to the conditions of the package or relevant to the number of Products delivered or to external quantity or quality discrepancies of the same (apparent defects), will have to send to Eumedica an e-mail of complaint to the address ordini@eumedica.it
11.2 Eumedica will take charge of the request for return and contact the Client in case of need.
11.3 Any complaints relevant to defects not detectable through an accurate control at the moment of Product receipt (for instance latent defects) must be notified to Eumedica, in compliance with the previous article, under penalty of forfeiture, within 2 (two) months from the date of discovery of the defect and anyway not beyond 12 (twelve) months from Product receipt.
11.4 Eumedica reserves the right to examine the Products subject of complaint, or have them examined.
11.5 If Eumedica deems it necessary to examine these Products, it will inform the Client, in writing, by e-mail, authorising it to return the Products.
11.6 The Client engages to deliver the Product to Eumedica within and not later than 3 (three) working days, at its care and expense.
11.7 If, upon completion of the verification of the above mentioned Products, Eumedica deems the claims subject of complaint unfounded, and therefore it rejects it, the Products will be returned to the Client and the shipment costs will be charged to the Client. In this case, Eumedica will issue an invoice for the shipment costs borne by it for Product return and the Client has to pay through wire transfer. Product return occurs once received the payment.
11.8 If Eumedica ascertains the validity of the claims subject of complaint, the Client will be entitled to obtain, at Eumedica discretion, the repair or, alternatively, the replacement of the Products without additional expenses.
12. Null and void clauses
If one or more clauses of these General Conditions are declared to be null or void by the competent judicial authority, the other General Conditions will continue to be effective between the Parties, except if among the clauses declared null or void one constitutes a decisive reason for the conclusion of these General Conditions.
13. Applicable law
13.1 These General Conditions are regulated by Italian law.
13.2 For all aspects not specifically included in this document, law regulations applicable to the relationships are valid and, in particular, the ones provided for in this contract, and specifically under art. 5 of Rome Convention of 1980.
14. Competent court
14.1 In case of disputes and claims relevant to these General Conditions and the sale contract, the Parties agree to find an amiable solution within 20 days from the first claim sent by registered letter with return receipt or certified e-mail.
14.2 After this period, the Court of Padova will have exclusive jurisdiction over any dispute between the Parties.
15. Language of General Conditions and final provisions
15.1 These General Conditions are drawn up in Italian language only. The text in Italian language of these General Conditions, even if drawn up in other languages, will be considered the only authentic text for the purposes of their construction.
15.2 If one of the Parties fails to take any action or exercise a right on the basis of these General Conditions, this acquiescence attitude shall not be construed as a final renunciation to take in the future the same judicial action or exercise the same right.