E-commerce purchase general conditions for users
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. We inform you that the purchase of products is allowed only to users who have reached the age of 18.
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, or according to the different directions of use given by its seller.
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 or the directions of use of the seller.
“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.
“Consumer”: according to Consumer code it means the natural person who acts for purposes other than the business, commercial, handicraft or professional activity carried out.
“Client”: the Consumer who purchase 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.
“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.
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 and to art. 48 and 49, paragraph 1 of the Consumer code, except as provided for elsewhere in these General Conditions, 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:
- the identification data of Eumedica is 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 email@example.com , certified e-mail (PEC): firstname.lastname@example.org, fax number 0498932651;
- the registration number to the economic activity repertory is REA PD – 230276.
3.4 The registered address and the above mentioned information are assumed as address to which the Client can receive the complaints, unless in the text of these General conditions is not indicated a dedicated address.
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 area in the following ways:
- through its own account, by registering to the Site in the ways described in the following art. 5;
- without registering to the Site, by carrying out the purchase as a host. In any way the purchasing procedure is the one described here below.
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”, then choose if it wants to proceed to the order as a host or to buy through its own account. 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 If the Client buys as a host, it has to proceed to the filling in of the sections “Personal information”, “Addresses” and “Shipment method”, before proceeding with the payment. The Client engages to fill in correctly the various sections stating: business name, name, surname, e-mail, password, date of birth, company, VAT number/fiscal code, address, postal code, city, province, state, telephone. If the “Invoicing address” does not coincide with the shipment address, the Client has to fill in the relevant section. The failure to complete even one of the information required implies the impossibility for the user to send the Order to Eumedica. It is understood that the failure to state a different invoicing address implies that the invoice will be addressed to the shipment address.
4.9 Once filled in the above mentioned fields, the Client can choose 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”.
4.10 In case of a purchase by a Client already registered according to the following article 5, it has to access to its own account and purchase according to the procedure described under points from 4.4 to 4.7 and point 4.10. Should the Client wish to receive the Products at an address different from the one registered within 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 at the time of purchase.
4.11 The Contract of sale is concluded by pointing and clicking on the button “Order with obligation to pay”. Except as provided for in the following article 12, the orders sent are binding for the Clients and they can’t be cancelled.
4.12 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.
4.13 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.
4.14 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 price already received.
4.15 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.
4.16 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.
4.17 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.
4.18 With reference to the languages to conclude this contract, please refer to art. 16.
4.19 With reference to the indication of the means for settling a dispute, please refer to the following art. 15.
4.20 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 can 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.
Creation of the “Individual” account: the client has to fill in the first section by entering its personal data, an e-mail address, a password and accepting the Conditions of use and clicking on “Send”.
Once completed the procedure, the Client receives an e-mail of registration confirmation to the address entered containing the access data and the safety advices.
5.2 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.
5.3 By clicking on My Profile section, the User accesses the area “Your account” 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.
5.4 The Client who has an account can carry out the purchase procedure, please refer to what provided for by art.
5.5 The Client can ask to Eumedica to cancel its own account at any time by sending an e-mail to the address email@example.com Eumedica will eliminate the account in 72 hours.
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 website are VAT included but 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 or by the same method of payment chosen by the Client at the moment of the purchase.
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.
7.1 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 sending of the Order using the details indicated in the e-mail received. The non-payment within that period is considered as an Order cancellation and the contract will not be considered as concluded.
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 100,00 (one hundred), the shipping and delivery costs will be charged to Eumedica. For the orders having a value lower than Euro 100,00 (one 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.
9.1 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 The Client, as a Consumer, benefits from the legal conformity warranty compulsory for the seller on any Product sold on the Site, according to art. 128-135 of the Consumer code, lasting 24 (twenty-four) months from Product delivery. The Consumer must report the defects within 2 (two) months from its discovery. Unless proved otherwise, it is assumed that the lack of conformity that occur within 6 (six) months from the delivery of the goods already existed at the moment of the delivery, unless it is inconsistent with the nature of the goods or the lack of conformity.
10.2 Lack of conformity of the Product means what follows:
- unsuitable for the use for which similar goods are used;
- non-compliance with the description made by the seller and the same qualities of the sample or model presented by the seller;
- lack of usual qualities and performances of a similar item, that the consumer can reasonably expect considering the nature of the goods and, as appropriate, the public statements about the specific features of the item made by the seller, the manufacturer or its agent or representative, in particular in the advertising or on the labels;
- unsuitable for the particular use required by the user, brought to its knowledge by the seller at the moment of contract conclusion and that the seller accepted also for conclusive facts.
10.3 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 legal warranty is void if the Product is tampered or if it shows repair signs made by unauthorised personnel.
10.4 The legal warranty implies for the Client:
- the right to Product repair or replacement without additional expenses, at its unchallengeable discretion;
- secondarily, the decrease in price or contract termination, at its unchallengeable discretion;
provided that the presence of faults and/or defects was notified according to point 10.2 and in the way provided for in the following art. 11.
10.5 In case of Product return, both for repair and replacement, the shipment costs will be charged to the Client.
10.6 The Client who wants to take advantage of the warranty will have to send a specific request to Eumedica following the procedure described in the following point 11.
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 firstname.lastname@example.org.
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 24 (twenty-four) 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 above mentioned Products, Eumedica deems the claims subject of complaint unfounded, and therefore it rejects it, the Products will be returned to the Client, ex warehouse Eumedica, that is 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. Right of withdrawal of the Client
12.1 The Client can exercise the right of withdrawal within 14 days without obligation to state reasons.
12.2 The above mentioned period starts from the day when the Client or a third person, different from the carrier and appointed by the Client, acquires the physical possession of the Product. In case of a purchase of several products, with separate deliveries, the above mentioned period will start from the day when the Client or a third party, different from the carrier and appointed by the Client, acquires the physical possession of the last Product. In case of a purchase of a Product that consists of multiple batches or parts, the above mentioned period will start from the day when the Client or a third party, different from the carrier and appointed by the Client, acquires the physical possession of the last batch or part.
12.3 The Client has to inform Eumedica of the fact that it wants to take advantage of the right by sending, in the way described in the previous point, an e-mail to the address email@example.com. In the e-mail the Client will have to state the Product purchased, its code and the date of purchase.
12.4 Eumedica, following the receipt of the withdrawal request, will inform the Client by e-mail of the receipt of the request and state the terms and modalities for Product return.
12.5 The costs for returning the item will be charged to the Client who, within and not later than three (3) working days from the sending of the e-mail as per point 12.4, will return, at its care and expense, the Product to Eumedica at the establishment stated in the above mentioned e-mail.
12.6 The Product must be returned in good conditions, in its original packaging. If the Product shows signs of use, Eumedica excludes the right of withdrawal of the Client, by notifying it by e-mail. In this case Eumedica will make the Product available for return to the Client at its own registered office.
12.7 Following the receipt of the Product and except for the hypothesis under point 12.6, Eumedica, within 14 days, will refund the Client the price paid through the same payment method chosen by the Client at the moment of purchase. Eumedica reserves the right to retain the amount relevant to shipment costs.
12.8 Pursuant to art. 59, paragraph I, letter e) of the Consumer code, the right of withdrawal is excluded in case of supply of sealed goods that can’t be returned for hygienic reasons or reasons relevant to health protection and that were opened after delivery.
13. 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 continued 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.
14. Applicable law
14.1 These General Conditions are regulated by Italian law.
14.2 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.
15. Competent court
15.1 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.
15.2 Once this period has passed without effects, if the Client is resident or domiciled in a state member of the European Union, the Parties agree to resort to ADR (Alternative Dispute Resolution) procedure.
15.3 ADR procedure must be initiated through ODR (Online Dispute Resolution) online platform offered by the European Commission and available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
15.4 If it is not possible to reach an amiable solution or if the Client is not resident or domiciled in a state member of the European Union, for any dispute relevant to these General Conditions or the sale contract the Judge of the place of residence or domicile of the User will be responsible. This clause shall in no way prejudice the rights that the law recognizes to the User.
16. Language of General Conditions and final provisions
16.1 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.
16.2 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 the same right.