Terms and conditions
Purchases made on progeomedical.com are governed by Italian Legislative Decree no. 185 of 22/05/1999, concerning distance contracts, as they are concluded outside commercial premises.
1. DEFINITIONS
For the purposes of these general conditions of sale on the progeomedical.com website, and in addition to the other definitions provided therein, the following terms shall have the meanings set out below.
1.1 “General Conditions”: all the conditions of sale on the progeomedical.com website, applicable to the contractual relationship between Progeo Srl and the Customer.
1.2 “Progeo Srl” or “Supplier”: the company that owns the progeomedical.com website and intends to sell via the Internet, exclusively within Italian territory, the products included in its assortment. The company is headquartered at Largo XXIV Maggio 35, 63076 Centobuchi di Monteprandone (AP).
1.3 “Products”: all products and/or goods and/or services marketed by Progeo Srl and included in its assortment.
1.4 “Customer”: the purchaser of the Products and Services, meaning the natural or legal person making the purchase.
1.5 “Website”: the set of web pages accessible on the Internet at progeomedical.com.
1.6 “Consumer”: the natural person who, in relation to purchases made on the Website, acts for purposes unrelated to any professional activity they may carry out.
2. SUBJECT OF THE ONLINE CONTRACT
An “online” sales contract means a distance contract, i.e. the legal transaction concerning the products and services offered on the Website, entered into between Progeo Srl and the Customer within a distance-selling system organized by the Supplier through its Website.
3. FORMALIZATION OF THE CONTRACT
3.1 All contracts are concluded directly through the Customer’s access to the Website where, by following the indicated procedures, they are guided step by step through the conclusion of the contract for the purchase of the product or service.
3.2 All purchase orders sent to progeomedical.com must be completed in full and must contain the information necessary for the accurate identification of the Products or services ordered, the Customer, and the delivery address.
3.3 The purchase order sent to progeomedical.com constitutes the Customer’s contractual offer made online.
3.4 The order confirmation sent by progeomedical.com to the Customer at the email address provided by the latter confirms the order details and constitutes acceptance of the contractual offer.
3.5 The contract shall be deemed concluded and binding on both parties when the purchase order confirmation is sent to the Customer.
3.6 progeomedical.com reserves the right, at its sole discretion, not to accept incomplete or improperly completed orders.
3.7 Only orders with a delivery address within Italian territory will be processed. For orders to be shipped to other countries, Progeo S.r.l. must be contacted at +39 0735 704786.
4. DELIVERY TIMES AND METHODS FOR PRODUCTS
4.1 progeomedical.com shall deliver to the Customer the Products selected and ordered in accordance with the preceding article, by means of trusted couriers and/or shippers, or personally through its own agents, including by download or email for products suitable for such delivery.
4.2 Delivery times, pursuant to Article 6 of Legislative Decree no. 185/1999, shall not exceed 30 working days starting from the working day following the date on which payment for the order is credited to progeomedical.com.
4.3 Delivery of the Products is subject to payment by the Customer of the relevant price using one of the payment methods made available by progeomedical.com.
4.4 The fiscal documentation (invoice/fiscal receipt) is issued by progeomedical.com on the basis of the data relating to the user registration completed on the Website and after receipt of payment for the purchase.
4.5 In the case of payment by bank transfer, the order will be processed only after the relevant amount has been credited to the bank account in the name of Progeo S.r.l. Furthermore, if the total amount is not credited within 4 working days, the order will be cancelled.
5. PRICES
5.1 All sales prices of the Products shown on the Website are expressed in Euro.
5.2 Unless otherwise indicated, Product prices are exclusive of VAT and any other taxes.
5.3 The prices of individual Products shown from time to time on the Website cancel and replace any previous prices.
5.4 The applicable prices are those shown on the Website at the time the Customer places the purchase order.
6. PRODUCT CHARACTERISTICS AND AVAILABILITY
Products are not supplied on a trial basis. The Customer is responsible for choosing the Products ordered and for verifying that they meet their needs. If an order exceeds the quantities available in stock, progeomedical.com shall accept the purchase only up to the quantity available and shall inform the purchaser by email whether the product will be available in the future and the estimated restocking time. Progeomedical.com undertakes to comply with the restocking time communicated, but such times are not binding on progeomedical.com.
7. LIABILITY OF PROGEOMEDICAL.com
progeomedical.com shall not be liable for service disruptions due to force majeure of any kind or nature if it is unable to perform the supply within the agreed timeframes set out in this contract. Causes of force majeure include, by way of example and not limitation, measures taken by public authorities, strikes by its own employees, employees of third-party companies, or employees of carriers used by progeomedical.com, as well as any other circumstance beyond its control or dependent thereon.
8. CUSTOMER OBLIGATIONS
8.1 Once the online purchase procedure has been completed, the Customer undertakes to print and keep these General Conditions.
8.2 The information contained in the General Conditions must be reviewed and accepted by the Customer before the purchase order is submitted, in order to fully satisfy the requirement under Articles 3 and 4 of Legislative Decree no. 185/1999. Acceptance is given by checking the appropriate box on the Website. Failing that, the order cannot be processed.
9. RIGHT OF WITHDRAWAL
9.1 Progeo S.r.l. guarantees the right to withdraw from the purchase contract for any reason. This right is reserved exclusively to Customers classified by the applicable law as “Consumers”; therefore, it may not be exercised by legal persons or by natural persons acting for purposes related to any professional activity they may carry out.
9.2 Only the “Consumer” has the right to withdraw from the contract within 10 days of receiving the goods, by returning the item subject to withdrawal to the seller, who shall refund the price of the returned goods. It is specified that where the purchase of one item is combined with another item given free of charge, the right of withdrawal shall be validly exercised only by returning both items subject to the purchase, due to the accessory nature of the promotional item in relation to the main item.
9.3 In order to exercise the right of withdrawal, the Consumer must contact progeomedical.com Customer Service and communicate the invoice details. In the case of partial withdrawal, in addition to the purchase invoice, the Customer must also provide the item code(s) of the purchased product(s) they intend to return. Within 48 hours of such communication, the Consumer must send, by email to info@progeomedical.com or by registered letter, a written and signed declaration expressing the intention to exercise the right of withdrawal, summarizing all the above-mentioned and requested data, to: Progeo S.r.l., Largo XXIV Maggio 35, 63076 Centobuchi di Monteprandone (AP).
9.4 Once authorization for the return of the goods has been obtained, the Consumer must, within 15 calendar days, send at their own expense the goods for which the right of withdrawal has been exercised. Products must be returned intact, unused, and in their original packaging. Under no circumstances will packages sent cash on delivery or carriage forward be accepted.
9.5 The right of withdrawal shall lapse entirely if the returned product is not intact, namely in the event of:
– missing original packaging
– absence of integral components of the product (accessories, cables, instruction manuals, etc.)
– damage to the product for reasons other than transport.
Unless otherwise indicated on the packaging, materials subject to wear and tear through use or depletion are always excluded from the warranty, and more specifically: rechargeable and non-rechargeable batteries, cables, and in any case any component subject to natural wear through use.
The following products may not be returned under any circumstances:
– Electrodes, if used
10. ELECTRONIC PAYMENTS
Payments made by credit card or other electronic means are processed through a secure connection directly linked to the online payment service provider with which progeomedical.com has an agreement. progeomedical.com does not acquire the Customer’s credit card details and cannot be held responsible for any fraudulent use of the card.
11. CHANGES TO THESE CONDITIONS
progeomedical.com reserves the right to amend the rules governing these General Conditions as well as the economic terms applied thereto. Changes unfavorable to the Customer shall be communicated by email to the latest address provided by the Customer. In the event of unfavorable changes, the Customer may withdraw from the contract within 15 days of receipt of the relevant communication. Otherwise, the changes shall be deemed accepted.
12. PROBLEMS VIEWING THE PAGES
The Customer must independently equip themselves with devices and software suitable for connecting to the Internet. If the Customer is no longer able to view part or all of the Website, no charge or liability may be attributed to progeomedical.com.
13. SUSPENSION OF THE SERVICE
progeomedical.com reserves the right to suspend the visibility of the Website, in whole or in part, in relation to all requirements connected with its efficiency and security. In such cases, except for reasons of particular urgency, progeomedical.com shall notify Customers by any means deemed appropriate and as soon as possible.
14. DISPUTES AND APPLICABLE LAW
14.1 Any dispute relating to the application, performance, interpretation, or breach of the online contract concluded by the Customer with progeomedical.com shall be subject to Italian jurisdiction.
14.2 For all matters not expressly provided for herein, the provisions of law applicable to the relationships and cases contemplated in the online contract concluded by the Customer with progeomedical.com shall apply.
14.3 The Court of Ascoli Piceno is designated as the competent court.
14.4 Progeo S.r.l. informs any user qualifying as a consumer pursuant to Article 3, paragraph 1, letter a) of the Italian Consumer Code that a European platform for online dispute resolution for consumers (the so-called ODR platform) has been established. The ODR platform can be consulted at the following link. Through the ODR platform, the consumer user may consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure for any dispute in which they are involved.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have carefully read all the above General Conditions in full and, after careful re-reading, expressly accept all of their provisions.
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