IGEA S.p.A., with registered office at Via Parmenide n. 10/A, 41012 Carpi (MO), tax ID number and VAT code 01021130362, REA (Economic and Administrative Register) number 205183, certified email address email@example.com, Tel. +39 059 699600, gives all users the possibility to Purchase/Hire online the Equipment it manufactures through the website www.igeamedical.com (hereafter, the ‘Website’), of which IGEA S.p.A. is the sole and exclusive owner.
1. GENERAL NOTES
These General Purchase/Hire Terms and Conditions (‘General Terms and Conditions’) are governed by the Italian Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments) and apply exclusively to the remote online purchase/hire of the Equipment shown on the website www.igeamedical.com in relation to which there is an ‘Add to Cart’ button. Should the General Terms and Conditions vary with respect to the purchase/hire order, as specified in Articles 2 and 4 of these General Terms and Conditions (hereinafter, the ‘Purchase/Hire Order’), the General Terms and Conditions published on the website at the time the Customer sends the Order itself will apply. The expression ‘Buyer’, ‘Hirer’ or ‘Customer’ means the consumer, either a natural person who proceeds with the purchase/hire referred to in this contract for purposes not related to any commercial or professional activity or a Professional, as defined in Article 3 of the Italian Consumer Code. The expression ‘Manufacturer, Hirer Company or Supplier’ refers to IGEA S.p.A.
2. PUBLIC OFFER 2.1 The Equipment, with its purchase/hire costs, as presented on the Website, constitutes an offer to the public in accordance with the terms specified in the General Terms and Conditions and on the Website itself. The terms of this offer apply only to purchases/hires made on the above Website. Purchase/hire contracts stipulated on the Website regarding the Equipment (hereinafter ‘Contracts’) are stipulated with IGEA S.p.A. 2.2 The Equipment referred to in the preceding section is shown on the website: www.igeamedical.com.
3. CONTRACTUAL TERMS AND CONDITIONS 3.1 The contract between IGEA S.p.A. and the Customer is concluded exclusively through the internet network when the buyer/hirer goes to the address www.igeamedical.com, according to the following procedure: the Buyer adds the chosen Equipment to the shopping cart, fills in the appropriate form with personal data and how it is to be processed, billing and shipping details, and pays digitally through Nexi or bank transfer in advance, thus formalising their order to purchase/hire the Equipment. 3.2 By accepting the terms and conditions of this Contract, the customer states that they are of legal age or, in the case of an underage customer, that the Contract has been concluded on their behalf by a person exercising parental responsibility or a guardian.
4. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT 4.1 The purchase/hire contract is concluded by accurately filling in the order form and the consent to the purchase/hire via the online application form, preceded by the display of a printable web page confirming and summarising the order containing the details of the person placing the order and the order details, the price of the goods purchased/hired, shipping costs and any additional charges, the payment terms and conditions, the delivery address, the delivery date, and conditions and the existence of the right of withdrawal, the General Terms and Conditions of sale/hire. The purchase/hire Contract will be concluded between IGEA S.p.A. and the Customer at the time of receipt of the order by IGEA S.p.A. In this case, IGEA S.p.A. sends an order confirmation email to the email address provided by the Customer, showing the order number, the details of the person making the order and the order details, the price of the goods purchased/hired, the shipping costs and any additional charges, the payment terms and conditions, the delivery address, the delivery date and the existence of the right of withdrawal, the General Terms and Conditions of sale/hire and any special conditions applicable to the order determined following specific Customer requests. 4.2 As an alternative Purchase/Hire Order process, the Customer may also complete the procedure as follows: a) If the Customer is already registered on the Website, all they need to do is enter their login details (username and password) in the ‘Login/Register’ section. b) If the Customer is not a registered user, they will need to enter the requisite data in the appropriate form to process the purchase/hire, going through the ‘Continue without Registering’ section. IGEA S.p.A. would like to remind the Customer that before purchasing/hiring, they may at any time become a Website user by completing the corresponding online registration through the ‘Login/Register’ page. The Customer has correctly completed the Order Procedure if the Website does not display any error messages (the system cannot detect errors in reference to the details entered by the Customer in the billing and shipping addresses, therapy to be carried out and duration, telephone number, personal details, and VAT number or tax code fields). 4.3 The Contract will not be considered to be concluded and effective between the parties if the provisions of the previous section are not complied with. 4.4 IGEA S.p.A. offers its Customers the opportunity, free of charge, to use its telephone support service to help with defining and filling in their Purchase/Hire Order. To take advantage of this service, the Customer may contact IGEA S.p.A. at the following telephone number +39 059 699600 (lines are open Monday to Thursday from 8.30 a.m. to 6.30 p.m., on Friday from 8.30 a.m. to 5.30 p.m. and on Saturday morning from 8.30 a.m. to 12.30 p.m.).
5. PAYMENT METHODS AND REFUNDS 5.1 Payment for the Order can be made by bank transfer in advance to the current account in the name of IGEA S.p.A. at MONTE PASCHI SIENA, IBAN CODE IT30H0103023300000009013261 or by credit card, at the time of sending IGEA S.p.A. the online order, following the instructions on how to pay indicated on the web page. By choosing to pay through Nexi (even without having an account, but simply by entering credit card details), the Buyer will perform the transaction automatically upon confirmation of the order. 5.2 IGEA S.p.A. has chosen the digital payment provider Nexi for online payments. Transactions are thus made directly on Nexi’s secure server and at no time during the purchase/hire procedure may the Seller/Hirer Company see the Customer’s credit card number, as this number will be sent directly to the manager of the banking service through a secure connection. IGEA S.p.A. shall not be responsible for any fraudulent or illegal use that may be made by third parties of credit cards used to pay for products purchased/hired. In order to better protect the Customer and IGEA S.p.A. from fraudulent transactions, IGEA S.p.A. reserves the right to request, if necessary, additional personal data (copy of identity card, etc.). 5.3 Any refund to the Buyer/Hirer will be credited through the Nexi platform or by bank transfer to the current account indicated by the Buyer, in a timely manner and, in the event of the exercising the right of withdrawal, as governed by Clause 13 of this Contract, within a maximum of 14 days from the date on which the Supplier became aware of the withdrawal.
6. DELIVERY METHODS, DATES, AND COSTS 6.1 IGEA S.p.A. will deliver the Equipment selected and ordered through specially appointed specialist carriers. At the time of delivery, the presence of the Customer or of a trusted person is required in order to check that the packaging is intact and that the Products received correspond to those indicated in the order. In the event of visible defects, such as incorrect quantities and/or incorrect product and packaging not intact, IGEA S.p.A. asks the Customer or a trusted person to report such anomalies in the transport document by accepting the goods ‘Subject to Verification’ and to contact IGEA S.p.A. at the following telephone number +39 059 699600. The shipping cost of each piece of equipment is displayed and indicated on the website www.igeamedical.com and expressed in euro. The shipment will be made within 1-2 working days of payment. 6.2 Delivery times throughout Italy can vary from the first working day after payment to a maximum of seven working days from conclusion of the contract. Shipments to foreign countries may vary from the first working day after payment to a maximum of 20 working days after conclusion of the contract. During public holidays, deliveries may be delayed due to high shipment traffic. Deliveries are guaranteed within 12 working days to Italy and 30 working days to countries abroad. 6.3 Delivery costs are charged to the Customer and adequately outlined in Section 6.1 and detailed in the Purchase/Hire Order and in the subsequent Order Confirmation. Any costs for storing Products in the warehouse will also be charged to the Customer unless the storage was necessary due to a fact and fault not attributable to the Customer.
7. PRICES 7.1 All sales/hire prices of the Equipment displayed and indicated on the website www.igeamedical.com are expressed in euro. 7.2 The sale/hire prices referred to in the previous section are inclusive of VAT and any taxes. Shipping costs and any ancillary charges, even if not included in the purchase/hire price, must be indicated and calculated in the purchase/hire procedure before the buyer/hirer submits the order and also contained in the summary web page of the order placed. 7.3 The total price for the purchase/hire of the Equipment covered by this Contract is shown in the order confirmation email.
8. EQUIPMENT AVAILABILITY 8.1 The Products for sale/hire on the Website are available for dispatch within the timeframe indicated above. Through the electronic system used, IGEA S.p.A. ensures the processing and execution of orders without delay. For this purpose, it indicates Equipment availability almost in real-time in its electronic catalogue, as well as shipping dates. In the case of purchase/hire of Equipment that is not actually available, it is IGEA S.p.A.’s responsibility to contact the Customer and issue a total refund immediately, and in any case within seven working days, through the Nexi platform or by bank transfer to the current account indicated by the buyer. 8.2 IGEA S.p.A.’s computer system confirms in the shortest time possible that the order has been recorded by sending the user an email confirmation, in accordance with Section 4.1.
9. LIMITATIONS OF LIABILITY 9.1 IGEA S.p.A. does not assume any responsibility for inefficiencies due to force majeure if it is not able to execute the order in the time set out in the Contract. 9.2 IGEA S.p.A. cannot be held responsible towards the Buyer/Hirer, except in the case of fraud or gross negligence, for lack of service or malfunctions connected to the use of the internet network outside of its control. 9.3 IGEA S.p.A. shall not be responsible for damages, losses, and costs suffered by the Buyer/Hirer as a result of non-execution of the Contract for reasons not attributable to it, the Buyer/Hirer having the right only to a full refund of the price paid and any additional charges incurred. 9.4 IGEA S.p.A. assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, at the time of payment of the Equipment purchased/hired, if it demonstrates that it has taken all possible precautions based on the best science and experience at the time and on ordinary diligence. 9.5 The Buyer/Hirer may under no circumstances be held responsible for delays or errors in payment if they demonstrate that they have made the payment in the time and manner indicated by IGEA S.p.A.
10. LIABILITY FOR DEFECTS, PROOF OF DAMAGE, AND COMPENSATORY DAMAGES: THE SUPPLIER’S OBLIGATIONS. 10.1 Pursuant to Articles 114 et seq of the Italian Consumer Code, the Supplier is liable for damage caused by defects in the goods sold/hired if they fail to inform the injured party, within three months of the request, of the identity and address of the manufacturer or the person who supplied them with the goods. IGEA S.p.A. is the manufacturer and supplier of the Equipment for purchase/hire. 10.2 The above request by the injured party must be made in writing and must indicate the equipment that caused the damage and the place and date of purchase/hire. It must also contain an offer to see the equipment. 10.3 IGEA S.p.A. cannot be held liable for any consequences deriving from a defective product if the defect is due to the product’s conformity to a mandatory legal norm or to a binding measure, or if the state of scientific and technical knowledge at the time at which the manufacturer put the product into circulation did not yet allow the product to be considered defective. 10.4 No compensation will be due if the injured party was aware of the defect in the product and the danger resulting therefrom and nevertheless voluntarily exposed themselves to it. 10.5 In any event, the injured part must prove the defect, the damage, and the causal connection between the defect and the damage. 10.6 The damage to property referred to in Article 123 of the Italian Consumer Code may, however, only be subject to compensation to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387.00). 10.7 The risk of loss or damage of the goods purchased/hired is transferred by IGEA S.p.A. to the Buyer/Hirer when the latter, or a third party designated by them and different from the carrier, acquires physical possession of the goods. The risk is, however, transferred to the Buyer/Hirer at the time of delivery to the carrier if the Buyer/Hirer has entrusted the carrier with transporting the goods and the carrier chosen has not been proposed by IGEA S.p.A., without prejudice to the rights of the Buyer/Hirer against the carrier.
11. LEGAL WARRANTIES a. Legal Warranty for Consumer Customers: Consumer Customers, as defined in Art. 3 of the Italian Consumer Code (Legislative Decree no. 206 of 6 September 2005) have the right to make use of the legal warranty set forth in Articles 128 to 132 of the Italian Consumer Code. IGEA S.p.A. is liable for any and all conformity defects that manifest within the term of two years from delivery of the goods (in the event of purchase). For the purposes of this contract, Equipment will be presumed to comply with the contract if, where relevant, the following circumstances coexist: (a) it is fit for the use for which devices of the same or similar types, where relevant, are normally used; (b) it is in line with the description given by the seller and possesses the qualities of the goods which the seller/hirer company presented to the consumer as a sample or model; (c) it has the quality and performance which are normal in goods of the same type and which the consumer might reasonably expect, taking into account the nature of the goods and, where appropriate, any public statements on the specific characteristics of the goods made by the seller, the manufacturer or its agent or representative, particularly in advertising or on labeling; (d) it is also fit for the particular use intended by the consumer and which has been brought to the seller’s knowledge at the time of concluding the contract, which the seller/hirer company has accepted. The Buyer/Hirer shall forfeit all rights if they do not report the lack of conformity to the seller/hirer company within two months from the date on which the defect was discovered. A claim is not necessary if the seller/hirer company has acknowledged the existence of the defect or concealed it. In any case, unless there is proof to the contrary, it is presumed that any lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the lack of conformity. In the event of lack of conformity, the Buyer/Hirer may request, free of charge, under the terms and conditions indicated below, the repair or replacement of the equipment purchased/hired, a reduction in the purchase/hire price, or termination of the contract unless the request is objectively impossible to meet or is excessively onerous for the Supplier pursuant to Art. 130(4) of the Italian Consumer Code. The request must be made in writing, by registered mail with recorded delivery or by certified email (PEC) to the address firstname.lastname@example.org to IGEA S.p.A., which will indicate its willingness to deliver the request or the reasons that prevent it from doing so, within seven working days of receipt. In the same correspondence, if it has accepted the Buyer’s/Hirer’s request, it shall indicate the method of shipment or return of the equipment as well as the deadline for the return or replacement of the defective goods. If repair or replacement is impossible or excessively onerous, or if the Supplier has not repaired or replaced the goods within the term referred to in the preceding section, or if a replacement or repair previously performed has caused significant inconvenience to the Buyer/Hirer, the latter may at their discretion request an appropriate reduction in the price or termination of the contract. The buyer/hirer must in this case send their request to the Supplier, who will indicate its willingness to deliver it, or the reasons that prevent it from doing so, within seven working days of receipt. In the same correspondence, if IGEA S.p.A. has accepted the Buyer/Hirer’s request, it shall indicate the proposed price reduction or the methods for returning the defective goods. In such cases, IGEA S.p.A. shall credit back the sums paid by the Buyer/Hirer via the methods used at the time of purchase/hire. In the event of Equipment replacement or repair, the terms of the Product Warranty for the replaced or repaired product are the same as for the original product. The total two-year duration of the Legal Warranty will thus start from the delivery of the original Product. In order to benefit from the Warranty, it is advisable to show the purchase/hire document. b. Legal Warranty for the Non-consumer Customers (Professionals): Professional Customers, as defined in Article 3 of the Italian Consumer Code, have the right to make use of the Legal Warranty set forth in the Italian Civil Code. This Warranty sets out, among other things, that Customers who are not Consumers, under penalty of forfeiture, shall report to IGEA S.p.A. any conformity defect found in the purchased/hired product within 8 (eight) days from the discovery thereof. The above Legal Warranty is valid for a maximum period of 12 (twelve) months from delivery of the product. Beyond this term, IGEA S.p.A. shall not be liable for conformity defects found by Non-consumer Customers. In order to benefit from the Warranty, it is advisable to show the purchase document.
12. THE BUYER/HIRER’S OBLIGATIONS 12.1 The Buyer/Hirer agrees to pay the price of the purchased/hired goods at the time and in the manner specified in the Contract, expressly acknowledging that the order implies an obligation to pay the fee for the purchase/hire of the Equipment. 12.2 The Buyer/Hirer undertakes to print out and retain this contract after completion of the online purchase/hire procedure. 12.3 The information contained in this contract has been seen and accepted by the Buyer/Hirer, who acknowledges it, as this step is mandatory before confirmation of the purchase.
13. RIGHT OF WITHDRAWAL 13.1 The Buyer/Hirer shall, in any case, have the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, commencing from the day on which the Buyer/Hirer or a third party other than the carrier and designated by the Buyer/Hirer acquires physical possession of the purchased/hired Equipment. The notice of withdrawal is to be sent by registered letter with recorded delivery or certified email (PEC), or by fax or email, provided that it is confirmed by registered letter with recorded delivery or certified email (PEC) within 48 (forty-eight) hours. 13.2 If the Buyer decides to make use of the right of withdrawal, they shall use the appropriate procedure shown at www.igeamedical.com or give other express communication to IGEA S.p.A., sending it all by registered letter with recorded delivery to the address of the registered office in Carpi (MO) - 41012 - Via Parmenide n. 10/a, or by email to the certified address email@example.com. The postmark of the post office on the receipt will serve as proof of the parties’ agreement. For the purposes of exercising the right of withdrawal, the sending of the notice may be validly replaced by the return of the purchased/hired goods, provided that this is done in the same terms. The date of delivery to the post office or forwarding agent will be binding between the parties. 13.3 The return of the goods will have to take place at the latest within 14 (fourteen) days from the date on which they communicated to IGEA S.p.A. their decision to withdraw from the contract. In any case, to be entitled to a full refund of the price paid, the equipment must be returned intact and in a normal state of preservation. 13.4 The only costs payable by the Consumer for exercising the right of withdrawal under this article are the direct costs of returning the goods to the Supplier. 13.5 IGEA S.p.A. will, free of charge, refund the entire amount paid by the Buyer/Hirer including delivery expenses within the term of 14 (fourteen) days from receipt of the notice of withdrawal using the same payment method used by the Buyer/Hirer. Refunds will be made only if the returned goods are intact, unused, and complete with packaging. Otherwise, the product will be sent back to the Buyer/Hirer at their expense (in the event of purchase). 13.6 Upon receipt of the notice by the Buyer/Hirer of exercising the right of withdrawal, the parties to this contract shall be released from their obligations to one another, without prejudice to the provisions of the preceding sections of this article.
14. GROUNDS FOR TERMINATION 14.1 The obligations under Section 12.1 assumed by the Buyer/Hirer, as well as representation of successful completion of the payment made by the Buyer/Hirer via the means under Sections 5.1 and 5.2, and also the exact fulfillment of the obligations assumed by the Supplier under Section 6, are of an essential nature. By express agreement, the non-fulfillment of only one of said obligations, unless caused by unforeseeable circumstances or force majeure, will entail the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a legal judgment.
15. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF THE BUYER/HIRER’S DATA 15.1 IGEA S.p.A. safeguards its Customers’ privacy and warrants that the processing of data is in line with that which is set forth in the privacy regulations pursuant to Italian Legislative Decree no. 196 of 30 June 2003, and Regulation (EU) 2016/679. 15.2 Any personal and tax data and the data relating to the pathology to be treated with the Equipment subject to purchase/hire obtained directly and/or through third parties by IGEA S.p.A., the data controller, is collected and processed in hard copy, computer, and electronic form, in relation to the processing procedures with the purpose of recording the order and activating the procedures for the execution of this contract and the corresponding necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to perform the requested service in the best way. 15.3 IGEA S.p.A. undertakes to process data and information sent by the Buyer/Hirer confidentially and not to disclose it to unauthorised persons, nor to use it for purposes other than those for which it was collected, or to send it to third parties. Such data may be shown only upon request of the Judicial Authority or other Authorities authorised by law. 15.4 Personal data will be communicated, subject to the signing of a confidentiality agreement in relation to the data, only to persons appointed to perform the activities necessary for the execution of this contract and communicated exclusively for this purpose. At present, IGEA S.p.A. communicates the Customer’s data to the forwarding agent. 15.5 The Buyer/Hirer shall have the following rights: a) Updating, rectifying, or, where relevant, adding to data. b) Erasure, conversion into anonymous form, or restriction of any data processed illegally, including data that does not need to be stored in relation to the purposes for which the data was collected or subsequently processed. c) Declaration that the processes stated under points a) and b) have been brought to the knowledge, including as regards their content, of those to whom the data has been communicated or disclosed, apart from cases in which this task is found to be impossible or entails the use of manifestly disproportionate means in relation to the protected right. The data subject also has the right to object, in whole or in part: i) For legitimate reasons, to the processing of their personal data, even if pertinent to the purpose of collection. ii) To the processing of their personal data for the purposes of sending publicity material or direct sale or to conduct market research or commercial communication. 15.6 The communication of personal data by the Buyer/Hirer is a necessary condition for the correct and timely execution of this contract. Failure to do so will result in the Buyer’s/Hirer’s request not being fulfilled. 15.7 In any case, the data obtained will be kept for a period of time not exceeding that which is strictly necessary for the purposes for which it was collected or subsequently processed. IGEA S.p.A. shall keep the information relating to each purchase/hire made through the e-commerce Website for 10 years from the date of purchase/hire, in order to fulfill legal obligations regarding taxation and the keeping of company documents. 15.8 Data Controller:
15.9 Anything that may be sent to the postal or email address, (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others, and must contain valid and truthful information, not harmful to the rights of others. In any case, IGEA S.p.A. cannot be held liable for the content of the messages themselves.
16. CONTRACT ARCHIVING 16.1 Pursuant to Art. 12 of Italian Legislative Decree 70/03, IGEA S.p.A. informs the Buyer/Hirer that each order sent is stored in digital form on the server and at the headquarters of IGEA S.p.A. according to criteria of confidentiality and security.
17. ODR (Online Dispute Resolution) 17.1 By virtue of Regulation (EU) No 524/2013 on online dispute resolution for consumers, amending Regulation (EC) No 204/2006 and Directive 2009/22/EC (Regulation on consumer ODR), a new multilingual website has been established for the out-of-court resolution of disputes relating to obligations arising from contracts of sale and provision of services online between Consumer Customers residing in the European Union and a business established in the European Union. For further information: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
18. DISPUTE SETTLEMENT 18.1 If the Parties intend to refer the matter to the ordinary Judicial Authorities, the competent Court is the one in the place of residence or chosen domicile of the Consumer, mandatory pursuant to Article 33(2)(u) of Italian Legislative Decree 206/2005, or the Court of Law in the case of a Professional.
19. APPLICABLE LAW AND RENVOI 19.1 This contract is governed by Italian law. 19.2 Anything not expressly set forth herein will be governed by the legal provisions applicable to the relationship and the circumstances of this contract, in particular Article 5 of the 1980 Rome Convention. 19.3 Pursuant to Art. 60 of Italian Legislative Decree 206/05, express reference is made here to the regulations contained in Part III, Title III, Section I of Italian Legislative Decree 206/05.
Via Parmenide, 10/A
41012 Carpi (MO) - Italia
Tel. +39 059 699600
Fax. +39 059 695778
C.F. e P.I. 01021130362
€ 168.776,00 i.v.
Reg. Soc. Trib. 14968
The information contained on the website www.igeamedical.com is published for informational purposes only. It cannot replace or supplement any diagnosis made by your doctor. Any and all information may in no way be considered as an alternative to the diagnosis of the treating physician, nor be confused and/or mistaken for the prescription of treatments and therapies. Equipment reviews are for informational purposes only: it is in no way possible to guarantee specific results. The chances of success of any treatment vary from patient to patient, depending on the case.