GENERAL SALES TERMS AND CONDITIONS
Please read these General sales terms and conditions carefully before making any purchases. By making a purchase, the Customer fully accepts these General sales terms and conditions.
OBJECT
These General Terms and Conditions have as their object the terms and conditions of supply through a telematic network of the products of Leonardo Medica S.r.l. (hereinafter Leonardo Medica), with registered office in Vinci (Fi), Viale Togliatti no. 111, tax code, registration number with the Register of Companies of Florence and VAT number 06412670488, tel. & fax +39 0571500491, pec (public certified email) leonardomedica@legalmail.it, e-mail: servizioclienti@leonardomedica.it and owner of the website www.leonardomedica.it (these references can be used by the Customer for any contact with Leonardo Medica and for any possible claims). Each purchase transaction shall be governed, for those to whom they are applicable, by the provisions of Legislative Decree 206/2005 and subse-quent amendments and supplements, by Legislative Decree 70/03 and subsequent amendments and supplements, and by any other regulation applicable to online sales, whereas the processing of the Customer’s personal data will be carried out by Leonardo Medica in full and punctual compliance with the regulations laid down in EU Regulation EU 679/ 679 (so-called. “GDPR”), Legislative Decree 196/03 and subsequent amend-ments and supplements, and any other applicable provision of law (see “E-commerce Customers’ Policy” on the website, on the “Privacy Policy” page). It is understood that Le-onardo Medica does not guarantee compliance of the content of its website with the laws in force in countries outside Italy.
GENERAL SALES TERMS AND CONDITIONS
The purchase of products on the website www.leonardomedica.it is subject to the Customer’s full acceptance of these GENERAL SALES TERMS AND CONDITIONS. Therefore, before sending the order, the Customer must carefully read these general sales terms and conditions and the privacy policy and confirm acceptance of the same by selecting the corresponding flag. The conclusion and placing of online orders will only be possible if the Customers confirms that they are aware of and uncon-ditionally accept these general sales terms and conditions and the privacy policy.
CREATION OF AN ACCOUNT AND SUBSCRIPTION TO NEWSLETTERS
For the purposes of purchasing, it is not necessary for Customers to create an account. However, creating an account allows them to check out faster during purchases (data previously saved on the account facilitates automatic compilation for subsequent orders), view previous orders, change account information, store alternative addresses, and mod-ify or delete addresses entered. In addition, creating an account gives rise to one loyalty point being awarded for every euro spent.
Account registration credentials must be used exclusively by the relative Customer and cannot be transferred to third parties. Leonardo Medica must be notified immediately by email in case of suspected use of such credentials by unauthorized third parties. The Customer guarantees that the data entered when creating the account are complete, cor-rect, and true.
Customers alone are responsible for accessing www.leonardomedica.it through their ac-counts and are liable for any negative consequences Leonardo Medica and/or third par-ties may suffer due to improper use, loss, misappropriation of access credentials by third parties, or failure to protect the secrecy of such credentials.
As regards the use of the website, please refer to the “Legal Notes” section on the home page of the website.
In order to receive newsletters, Customers must register and give consent to the pro-cessing of their personal data. It is possible to unsubscribe at any time by clicking on the “Unsubscribe” button in the newsletter.
PURCHASING METHODS
Customers may purchase the products on the www.leonardomedica.it website by send-ing orders electronically. To this end, they must select the products they wish to purchase and the relative quantities by clicking on “purchase”. For each product selected, availabil-ity will be confirmed, and the loyalty points associated with the product will be indicated.
Once Customers have selected the items they wish to purchase, they must click on the cart and a drop-down menu will open where it is possible to check the products and quantities selected and their total price by clicking on “view cart”. In addition, if they have a discount code, they must enter this code and click on “Apply Discount Code” to view the discount and the price net of the discount. Moreover, Customers who have collected loy-alty points may use all or part of these for a single purchase. In this case, they must speci-fy the loyalty points they intend to use and click on “Apply Discount”, and automatically the discount will appear and then the price to be paid net of the discount.
Once the cart is displayed, and in order to continue with the purchase, Customers must click on “Pay”. If not registered, they will have to enter the invoicing data and the shipping address if differing from the billing address. On the same page, they will find the order summary and must select the payment method. They must then declare that they have read and unconditionally accepted these general sales terms and conditions and the pri-vacy policy by ticking the relevant box. Only after confirming acceptance of the general sales terms and conditions and acknowledging and giving consent to the privacy policy, will it be possible to conclude the order by clicking on “place order”. To view the individual items that make up the total, the Customer must click on the box in which the total amount is indicated.
Only after filling in the shipping data and the choice of payment method, and only after accepting these general sale terms and conditions and the privacy policy, can the Cus-tomer place the order by clicking on “place order”. At this point a page will open where the order is confirmed, and an email will be sent to the Customer with the order confirma-tion and summary.
If Customers select credit card or PayPal as the payment method and the payment is not successful, they will receive an email informing them that the order has been rejected.
If Customers select bank transfer as the payment method, they will receive an email with the order confirmation, however, the order only will be processed after Leonardo Medica has received payment. Therefore, the delivery time indicated below will start as of receipt of payment by Leonardo Medica. Until the payment is received, the order will be in stand-by mode for a maximum of seven days from the date the order is placed. After this period, Leonardo Medica will cancel the order without giving any notice to the Customer.
The contract will be considered concluded upon receipt of the order by Leonardo Medica by means of an email containing the summary automatically generated by the system.
ORDER ACCEPTANCE AND CANCELLATION
Once the orders have been placed, Customers will receive an order confirmation email.
In case of temporary unavailability of the products ordered, Leonardo Medica will send an email communicating the estimated time of expected availability. In case Customers do not wish to accept the extended delivery time, Leonardo Medica will reimburse the price already paid for the products by means of the same payment method used to place the order.
Leonardo Medica will be expressly held harmless from any direct and/or indirect contrac-tual or non-contractual damage to people and/or property resulting from the non-delivery of the order due to temporary unavailability of the products ordered.
Once the order has been sent and the order confirmation has been received by email, the Customer has the right to cancel the already concluded order according to the proce-dures provided for the exercise of the right of withdrawal.
For bank transfers, in case of non-payment within five working days from order place-ment, the order will be cancelled by Leonardo Medica S.r.l., without any communication being received by the Customer in this regard.
In the event of a mistake in entering the data, Customers must contact Leonardo Medica, unless it is a mistake in the personal data, in which case they will be able to make the changes autonomously from the reserved area. However, once the purchase order has been concluded, any variations concerning ordered quantities, the delivery address or invoicing data will have to be communicated to Leonardo Medica S.r.l. by phone or email.
Customers who have created their own accounts have the possibility of accessing the previous orders by clicking on the link “orders” present in the user reserved area.
Instead, Customers who have made previous purchases without having registered an account will be able to view the previous orders from the order confirmation communica-tions received by email in this regard.
PAYMENT METHODS – PRICES AND CHARGES
Payment of the products ordered can be made by Bank Transfer, Credit Card, PayPal. In case of payment by PayPal, please visit the website: https://www.paypal.com for information about this payment method. The products will only be shipped after the actual crediting of the amount due in the bank account of Leonardo Medica S.r.l.
The reasons for the bank transfer must include:
- the order number indicated in the order confirmation email;
- the name and surname of the order holder.
In the case of payment by bank transfer, payment must be made within 5 working days af-ter placing the order. If payment is not made within this period, the order will be automati-cally cancelled.
In the event of payment by credit card or PayPal being unsuccessful, after receiving the order confirmation email, the Customer will receive a subsequent email cancelling the order due to payment failure.
The invoice, only if required at the end of the purchase , will be issued at the end of the rele-vant month. In the event of several orders in the same month, a single monthly summary invoice will be issued. The Customer will receive a courtesy copy of the invoice by email.
The prices of the products are those indicated on the website.
SHIPPING COSTS
Shipping costs are charged to the Customer for orders of up to € 59.90. For orders of a higher value, shipping is free, without prejudice to more favourable conditions allowed for the Customer in the case of specific marketing operations. For shipment over Europe the cost is 15€, despite purchase order value.
The shipping cost, which can be viewed in the summary displayed in the cart by clicking on “view cart”, is also shown in the order summary that appears by clicking on “pay-ments”. For orders over €59.90, the words “free shipping” will appear.(national shipping only)
In the event of failure to collect goods in storage at the courier’s warehouses within 3 working days following the repeated impossibility to deliver to the address indicated by the Customer at the time of ordering, any logistics costs will be charged to the Customer.
DELIVERY TERMS
Delivery will be made to the destination address entered by the Customer when placing the order. The order will be processed within 48 working hours after receipt of payment for the supply or, after receipt of the order, except in case of any delays attributable to the courier. The above-mentioned term is to be considered purely indicative and not binding. Therefore, no responsibility can be attributed to Leonardo Medica S.r.l. in case of delivery delays, and if the Customer is a retailer, the same must ask Leonardo Medica S.r.l. to deliver within an appropriate additional time. The Customer will be able to contact Leonardo Medica S.r.l. for information about the shipment status.
ORDER MISMATCH – COMPLAINTS
In case of any possible non-compliance of the products received with respect to those ordered (quantity, type etc.), the Customer must send an email to Leonardo Medica S.r.l. on the same day as receipt of the products, specifying the reasons of the non-compliance. Leonardo Medica S.r.l. will replace the products, once they have been re-turned by the Customer, provided they are returned in full and in their original unopened packaging.
For any defects or damage to the products, please refer to the clause “GUARANTEE FOR DEFECTS AND DAMAGE TO THE PRODUCTS – LIABILITY”.
RIGHT OF WITHDRAWAL
Where so entitled due to being a retailer pursuant to and for the purposes of Legislative Decree no. 206/05 and subsequent amendments and supplements, the Customer may withdraw from the order without any penalty and without specifying the reason, within fourteen days after receipt of the products. The right of withdrawal is exercised by send-ing a written communication to Leonardo Medica, within the above-mentioned term, by registered letter with proof of receipt or by email to the address: servizioclienti@leonardomedica.it; the registered letter shall be deemed to have been sent on time if it is delivered to the accepting post office within the above-mentioned time limit.
The direct cost for return of the products in case of withdrawal will be charged to the Cus-tomer and it will be under the latter’s exclusive responsibility to make the return.
If the right of withdrawal has been exercised correctly, Leonardo Medica will reimburse the sums received from the Customer within fourteen days after the date on which it has been notified of the exercise of said right. The reimbursement will be made using the same payment method for placing the order unless the Customer has expressly indicated otherwise. Alternatively, if agreed with the Customer, instead of proceeding to make a re-imbursement, Leonardo Medica may issue a voucher for the same amount paid for pur-chasing the goods. Leonardo Medica will be entitled to withhold the reimbursement until the Customer re-turns the products or until the latter proves it has resent the products, whichever situation occurs first. The sums will be considered reimbursed within the afore-mentioned period if they are effectively returned, shipped, or credited with a value date not later than the ex-piry of the period indicated above.
The Customer will be held exclusively liable towards Leonardo Medica for any loss and/or damage to the products being returned until such time as they are delivered to Leonardo Medica. The products must be returned intact and in their original packaging. In case of return the of products not intact or not complete with the original packaging, Leonardo Medica will send a written email to the Customer; in this event, the goods re-turned will not be reimbursed and will remain at Leonardo Medica’s headquarters at the Customer’s disposal for collection. Within ten days after the receipt of the above-mentioned communication without the Customer having collected the goods, Leonardo Medica will be free to dispose of them as desired. In this hypothesis the Customer will not be entitled to reimbursement of the price paid for such goods.
GUARANTEE FOR DEFECTS AND DAMAGE TO THE PRODUCTS – LIABILITY
Leonardo Medica guarantees that the products marketed through the website www.leonardomedica.it are free from defects.
The legal guarantee applies to the products marketed.
The guarantee is only valid if the Customer reports the defects, damage, or deviations of the products in a timely manner, under penalty of forfeiture.
In this regard, the Customer must notify Leonardo Medica by email, within 8 days after receipt of the products, of any visible defects or damage to the products received, where possible demonstrating the alleged defects or damage with appropriate photographic documentation.
In case of non-visible defects, the Customer must report them by registered mail or email within 8 days after discovery of the same and must provide all the information and docu-ments necessary to prove the defects.
If, based on the information and/or documentation provided by the Customer, Leonardo Medica ascertains the existence of the alleged defects or damage, it will collect the de-fective products from the Customer and may, at its own discretion, replace the products, reimburse the price, or issue a voucher to the Customer for an amount equal to the price paid for the defective or damaged products. Any other form of indemnity, reimbursement, and compensation for damage, including indirect and consequential damage, is exclud-ed, except in the case of damage to the Customer’s person, deriving from a fact or omis-sion by Leonardo Medica.
APPLICABLE LAW AND COMPETENT COURT – ADR PROCEDURE
All purchases made through the website www.leonardomedica.it and any issues arising from such purchases and/or the use of said website are governed by Italian law.
In case of any disputes between Leonardo Medica S.r.l. and the Customer arising from and/or related to the use of the website www.leonardomedica.it with the conclusion of a purchase or with the placing of an order through the above-mentioned website, the Court of Florence will be the exclusive competent court, without prejudice to the provisions of Legislative Decree 206/05 and subsequent amendments and supplements, for Customers to whom such regulations are applicable, in which case the court of the Customer’s domicile shall have jurisdiction.
This is nevertheless without prejudice to the right of Customers located in the European Union to initiate voluntary procedures for out-of-court settlement of disputes (hereinafter “ADR -Alternative Dispute Resolution procedures”) by contacting specific bodies (here-inafter “ADR bodies”) registered on the relevant list kept by the competent authority of each country, via the use of the European ODR (Order Dispute Resolution) platform.
All the information required to submit a complaint and initiate the ADR procedure through the ODR platform as well as the list of ADR entities to contact for this procedure can be found on the website:
https://ec.europa.eu/consumers/odr.
Information concerning the functioning of the ADR procedure is available on the website of each ADR body.
AMENDMENTS TO THE GENERAL SALES TERMS AND CONDITIONS
Leonardo Medica S.r.l. is entitled to make changes to the website www.leonardomedica.it and/or these General Sales Terms and Conditions.
The supplies will be governed by the General sales terms and conditions in force at the time the order is placed.
PROTECTION MEASURES
For the technical protection measures of the website, reference must be made to the document “Legal Notes” the link to which can be found on the home page of the website.
GENERAL PROVISIONS
In the event of one or more of the clauses in these General sales terms and conditions being declared invalid, ineffective, or unenforceable, this will not affect the validity, effec-tiveness, and enforceability of the other clauses.