Conditions of Use
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the "General Conditions") apply exclusively between PROSOMED (Company Registration No. IT02618100214) , a company incorporated in Italy and having its registered office Via Col da Lech 6, 39048 Selva Gardena (BZ), (hereinafter referred to as "Prosomed"), and any person placing an order on Prosomed's website www.Prosomed.com (the "Website"), (hereinafter referred to as the "Customer" or "you" and collectively with Prosomed, the "Parties").
Prosomed and/or its subsidiaries are the owner of and have rights to manage the Website. Using the Website shall comply with this General Conditions which the Customers should carefully read. Anyone who access to or use the Website shall be deemed to accept these General Conditions.
1.2. These General Conditions govern and apply to anyone accessing or using the Website, the relationship between the Parties and the supply of any product on the Website (hereinafter referred to as the "Product") to the Customer.
1.3. Without prejudice to any other provision in these General Conditions, by using the Website or purchasing any Product, you represent, warrant and undertake (i) to accept, comply with, and be bound by these General Conditions; (ii) that you are over 18 years of age and have the legal capacity to abide by these General Conditions; and (iii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
1.4. These General Conditions shall prevail notwithstanding any amendments by the Customer. Any amended conditions submitted, proposed or stipulated by the Customer, regardless of whether Prosomed has objected to them explicitly, are expressly waived and excluded.
1.5.Prosomed reserves the rights to amend, modify, update, change or otherwise alter these General Conditions at any time. You are advised to read these General Conditions carefully and to check regularly for any updates, changes or modifications. As these General Conditions will govern all Orders, please review these General Conditions each time you place an Order. If you do not agree to any change, update or modification to the General Conditions, you must immediately stop using the Website.
2.1. Submitting an Order
2.1.1. A Customer who wishes to purchase Products shall place an order through the Website (hereinafter referred to as the"Order"). All Orders are subject to acceptance by Prosomed and availability of Products.
2.1.2. Prior to submitting an Order, the Customer shall set up an account on the Website. For the steps you need to take to place an Order on the Website, please see Clause 2.2 hereunder. To create an account under the Website, you shall not disclose your personal information to anyone and you be responsible for your account security including any activities occur from or through your account. You agree to immediately inform Prosomed of any security violence against your account. You agree that Prosomed has no responsibility or liability in any way for any damage or loss caused in relation to using or accessing through the Website with your account without any consent.
2.1.3. The Order process allows you to check and amend any errors before submitting your Order to Prosomed. Please take the time to read and check your Order at each page of the Order process.
2.1.4. By placing an Order, you are (i) contracting with Prosomed for the purchase of a Product on these General Conditions, (ii) representing that you are over 18 years of age and have the legal capacity to form a binding contract, (iii) representing that you are an end user, and (iv) representing that all information provided to Prosomed in connection with such Order is true and accurate and that you are authorised to use the payment method you have provided for such Order.
2.1.5. Once an Order has been placed, you will receive an e-mail from Prosomed acknowledging the receipt of your Order (hereinafter referred to as the "Order Confirmation").
2.1.6. Prior to Prosomed’s acceptance of an Order, verification of information may be required. Prosomed reserves the right at any time on receipt of your Order to accept or decline such Order, or any part thereof, even after your receipt of the Order Confirmation, for any reason whatsoever.
2.1.7. Prosomed may place a limit on the quantities that may be purchased per Order, per account, per credit card or per person which you will be informed of prior to Prosomed accepting your Order
2.1.8. Prosomed may, at its sole discretion, accept amendments to an Order after an Order Confirmation has been provided to the Customer.
2.2. How to place an order on the Website?
The Customer will be required to complete several stages when placing an Order: - add its chosen items to its basket;
- select a delivery method;
- select a method of payment;
- make its payment;
- the Customer will receive an e-mail confirming that its Order has been logged; and
- lastly, the Customer will receive an e-mail confirming its order (Order Confirmation).
Once the Order is ready to be shipped, Prosomed will send an order shipping email to the Customer (dispatch confirmation).
2.3.Price and Payment
2.3.1. Product prices will be stated on the Website. If Prosomed has a retail location in your country/region, the process, Product selection and promotions offered on the Website may vary at any time from what is available or offered in the retail store locations.
2.3.2. Product prices are subject to change at any time and without advance notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order.
2.3.3. Prices are displayed in EURO (EUR). Prosomed makes reasonable efforts to ensure that the price paid by the Customer is the displayed price. However, depending on the country of delivery, additional taxes, duties, charges and/or fees may apply. In the event that such additional taxes, duties, charges and/or fees apply, they shall be borne by you.
2.3.4. Prices displayed exclude delivery costs which may be added to the amount of your Order and shown on the check-out page. Such delivery charges may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen.
2.3.5. You shall pay for the Product in full upon submitting your Order. Payment for Orders may be made by way of (i) credit or debit card issued by a credit or debit card company acceptable to Prosomed or (ii) cash on delivery service. Prosomed reserves the right to change the payment options at any time for any reason.
2.3.6. All credit/debit card transactions made on the Website are secured using the Secure Socket Layer (SSL) technology and payments are processed by PayPal
2.3.7. You undertake that all details you provide to Prosomed in connection with the Order will be correct, that the credit/ debit card or account which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your Order. Prosomed reserves the right to obtain validation of your payment details before providing you with the Products.
2.3.8. If you are a Customer whose credit or debit card is not denominated in Euro (EUR), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, Prosomed shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
2.3.9. Once Prosomed has received cleared funds in full in relation to your Order, you will receive an e-mail from Prosomed confirming your payment (hereinafter referred to as the"Payment Confirmation").
2.3.10. The Website contains a large number of Products. It is always possible that despite Prosomed’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If Prosomed discovers an error in the price of any Product you have ordered, Prosomed will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. Prosomed will not dispatch your Order until your instructions have been obtained. If Prosomed is unable to contact you using the contact details you have provided, Prosomed will treat the Order as cancelled and notify you in writing. If the Order is cancelled, Prosomed will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). For the avoidance of doubt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, Prosomed does not have to provide the Product to you at the incorrect (lower) price.
2.4. Acceptance of Order
2.4.1. Prosomed shall not be obliged to supply the Products to you until it has accepted your Order. Until the time Prosomed accepts your Order, Prosomed reserves the right to cancel your Order for any reason whatsoever, including but not limited to Prosomed having reasonable grounds to believe you have breached these General Conditions, unavailability of Products or the Products not being purchased for end use. If Prosomed cancels your Order before it has accepted it, Prosomed will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
2.4.2. Your Order remains valid as an offer until your Order has been accepted. A contract shall be formed and Prosomed shall be legally bound to supply the Products to you when Prosomed confirms its acceptance to you by sending you an e-mail confirming that the Products have been dispatched (hereinafter referred to as the "Dispatch Confirmation").
2.4.3. Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Dispatch Confirmation.
3.1. The Website is intended for use by Customers who reside in the country serviced by this Website and there may be limits on where Prosomed can deliver Products.
3.2. Estimated delivery dates of the Products will be indicated on the Dispatch Confirmation but the estimated delivery dates serve as a guide only and shall not be binding on Prosomed.
3.3. Prosomed shall contact you if an estimated delivery date cannot be met but Prosomed shall in no circumstances be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3.4. The Products shall be packaged in accordance with Prosomed's standard packing procedures. Prosomed reserves the right to accommodate any specific packing instructions and in such cases, any additional charges which may apply shall be paid by the Customer before the Products are dispatched.
3.5. Products will be dispatched from Prosomed’s Magazine on the account and at the risk of the Customer. Prosomed is free to choose the carrier, the forwarding company and the means of transport.
3.6. As the risk of accidental loss of the Products purchased passes to the Customer upon Prosomed’s issue of the Dispatch Confirmation, even if delivery is made carriage paid, Prosomed is not obliged to insure the Products, or to insure the Products against damage in transit.
3.7. Unless otherwise agreed by Prosomed, Prosomed will deliver your Products to the delivery address provided by you on your Order Confirmation. On delivery of your Products, you will be required to sign for delivery and if no-one is available to take delivery of your Products, Prosomed's appointed carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
4. PROSOMED'S PRODUCTS
4.1. The images of the Products on the Website are for illustrative purposes only. Although Prosomed has made every effort to display the colours accurately, Prosomed cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Products purchased may vary slightly from those images.
4.2. Prosomed has made every effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. However, any of such content may be inaccurate or out of date at any given time. Prosomed reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
4.3. The packaging of the Products may vary from that shown on images on the Website.
5. RETURN POLICY
5.1.Products can be returned to Prosomed for a refund subject to the following conditions:
5.1.1. We guarantee Customer's satisfaction; products can be returned and exchanged by Prosomed anytime if they are still available in our stores. The Customer may return or exchange them at Prosomed Stores or via post to Customer Service at Prosomed Magazine located at Via Col da Lech 6, 39048 Selva Gardena (BZ);
5.1.2. In the event of Products found defected; Customer must contact us on www.Prosomed.com for defective verification process. If the Products are verified and the defect is found, Prosomed will be responsible for the cost of returning such defected Product at its own cost.
5.2. Subject to Clause 5.1.1, the customers will be refunded within fourteen (14) to twenty (20) days after Prosomed receives the return products. Prosomed will offer you a refund based on your original mode of payment for the Order of the Products except Cash On Delivery mode, inclusive of delivery charges (if applicable).
5.3. Subject to Clause 5.1.2, Prosomed will be responsible for the cost of returning the defected Products. The customers will be refunded within fourteen (14) to twenty (20) days after the defective verification process. Prosomed will offer you a refund based on your original mode of payment for the Order of the Products except Cash On Delivery mode, inclusive of delivery charges (if applicable).
5.4. The Customer can go to 'My Account' and click on 'Track My Orders' or 'Help' section to contact customer services in order to request a return number (specify the reason).
6. PRODUCT WARRANTY
6.1. Some of Prosomed’s Products come with a sales warranty that on delivery and for a period of two (2) years from delivery, the Products shall be free from material defects. Whether a Product is covered by warranty will be set out in the description of the Product on the Website. However, such warranty does not apply in the circumstances described in Clause 6.2.
6.2.The warranty in Clause 6.1 does not apply to any defect in the Products arising from:
6.2.1. fair wear and tear;
6.2.2. wilful damage, abnormal storage or working conditions, lack of proper maintenance, accident, negligence by you or by any third party;
6.2.3. failure to install, operate or use the Products in accordance with the user instructions, specifications or conditions made available to the Customer by Prosomed; or
6.2.4. any alteration or repair by you or a third party who is not one of Prosomed’s authorised repairers.
6.3. In the event that you would like to repair or return your defective Product during the warranty period, please refer to 'Return and Exchange'
6.4. Depending on the nature of defect, Prosomed shall at its option repair or replace the defective Product. If despite Prosomed’s reasonable efforts a defective Product cannot be repaired or replaced, Prosomed shall grant the Customer a credit equal to the original price paid by the Customer for the defective Product and this shall be the only remedy that the Customer will be entitled to.
6.5. If a Product is returned to Prosomed without a valid reason or due to a defect arising from any one of the circumstances described in Clause 6.2 above, Prosomed reserves the right to dismiss the Customer’s request and return the Product to the Customer at the Customer’s cost and expense.
7. ACCESS AND USE OF WEBSITE
7.1. Access to the Website
7.1.1. Access to the Website is made available free of charge.
7.1.2. Prosomed does not guarantee that the Website or any content on it will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and Prosomed reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. Prosomed will not be liable to you if for any reason the Website is unavailable at any time or for any period. Besides, Prosomed reserves the rights to refuse or limit the accessing to the Website of anyone or from any IP address without advance notice.
7.2. Use of Website
7.2.1. Unless otherwise specified, the Website is solely for your personal and non-commercial use and you agree that you are only authorised to visit, view and retain a copy of any information or services obtained from the Website for informational use. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.
7.2.2. You may not use the Website:
(a)in any way that breaches any applicable law, regulation or rule;
(b)in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c)to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(d)to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.3. Member Account and Password
7.3.1. If you choose to create an account on the Website, you must complete the registration process by providing Prosomed with current, complete and accurate information. You are responsible for all use of your account and for keeping your user name and password confidential.
7.3.2. You agree to notify Prosomed immediately if you know of or suspect any unauthorised use of your account or any other breach of security.
7.4.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the "Content") are owned by Prosomed, its associated companies and/or a third party (which may be indicated by a link to or from an external source, or otherwise).
7.4.2. Content on the Website is for general information purposes only and is not binding on Prosomed in any way except to the extent that it is specifically indicated to be so. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
7.4.3. The use of and reliance on any Content on the Website is at your own risk and under no circumstances will Prosomed be liable for any Content or for any loss or damage of any kind suffered as a result of your use or reliance of any Content made available on the Website.
7.4.4. Prosomed makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. Prosomed reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice to you.
7.4.5. The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of Prosomed and Prosomed is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by Prosomed of the website. Your use of such third party website is at your own risk and may be subject to that third party's terms and conditions.
7.5. Intellectual Property Rights
7.5.1. Prosomed and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website such as message, article, picture, . Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to Prosomed or its associated companies’ trademarks, Products or business activities.
7.5.2. Except as expressly permitted by Prosomed, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content.
7.6. User-Generated Content
7.6.1. Prosomed does not claim ownership of the content you provide to Prosomed (including comments, feedback, ratings, suggestions) or post, upload or submit to the Website for review by the general public, or by the members of any public or private community (collectively, "User-Generated Content")
7.6.2. Any User-Generated Content posted, uploaded or submitted on the Website will be considered non-confidential and non-proprietary and Prosomed will be permitted to use, copy, distribute, reproduce, publish, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing notice to you.
7.6.3. Prosomed has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy and Prosomed will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other user of the Website.
7.6.4. You agree that any User-Generated Content that you post, upload or submit to the Website:
(a)is accurate (where they state facts);
(b)is genuinely held (where they state opinions); and
(c)complies with applicable laws in the country from which they are posted.
7.6.5. You agree that you shall not post, upload or submit to the Website, any User-Generated Content that:
(a)is not related to appropriate subject matters;
(b)is misleading to others;
(c)contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(d)infringes any third party intellectual property rights;
(e)is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise objectionable;
(g)promotes any illegal activity;
(h)is likely to deceive any person;
(i)is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(j)advocates, promotes or assists any unlawful act such as (by way of example only)copyright infringement or computer misuse; or
(k)intentionally or unintentionally breaches any applicable local state, national or international law, regulations or rules.
7.6.6. You have the right to remove any User-Generated Content which you have posted, uploaded or submitted.
7.6.7. The User-Generated Content does not represent Prosomed’s views, opinions, advice, values or beliefs and Prosomed makes no claim of accuracy of any such User-Generated Content.
7.6.8. Prosomed will determine, in its own discretion, whether there has been a breach of this Clause 7 through your use of the Website and reserves the right to take any such action as Prosomed deems appropriate, including but not limited to the following actions:
(a)immediate, temporary or permanent removal of any User-Generated Content from the Website at any time and for any reason;
(b)immediate, temporary or permanent withdrawal of your right to use the Website;
(c)issue of a warning to you;
(d)legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach; or
(e)further legal action against you.
8.DISCLAIMER AND LIMITATION OF LIABILITY
8.1. Prosomed assumes no liability or responsibility for
(a)errors, mistakes or inaccuracies of the products, content, user-generated content, services or any other information or material set out or made available through the website,
(b)any unauthorized access to or use of secure servers (whether provided by Prosomed directly or by third parties appointed by Prosomed) and/or any and all personal information stored therein,
(c)any property damage of any nature whatsoever resulting from a customer’s access to or use of or reliance on any products, content, user-generated content, services or any other information or material set out or made available through the website or any linked third party website(s),
(d)any interruption the website or any linked third parties website(s),
(e)any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer software or hardware transmitted through the Website or any linked third party website(s) and/or
(f) any errors or omissions in the content, user-generated content, information or material set out or made available through the Website (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
8.2. These general conditions set out the full extent of Prosomed’s obligations and liabilities in respect of the supply of the products and there are no warranties, conditions or other terms that are binding on Prosomed except as expressly stated in these general conditions.
8.3. Without prejudice to any other provision in these general conditions and except to the extent required by law, the maximum aggregate liability of Prosomed, Prosomed’s employees, officers, sub-contractors or agents for any act or omission, whether in contract, tort (including negligence) or otherwise in relation to these general conditions shall in no circumstances exceed the amount payable by you to Prosomed in respect of the product(s) in question.
8.4. Prosomed shall not be liable to the Customer for:
8.4.1. Any indirect, special or consequential loss or damage;
8.4.2. Loss of data or other equipment or property;
8.4.3. Economic loss or damage;
8.4.4. Any liability incurred by the customer for loss or damage of any nature whatsoever suffered by third parties (including in each case, incidental and punitive damages);
8.4.5. Any loss of actual or anticipated profit, use, opportunities, interest, revenue, anticipated savings, businesses or damage to goodwill, even if Prosomed is advised in advance of the possibility of such losses or damages.
8.5. Prosomed shall not be liable for losses arising from the Customer’s subsequent misuse of the products including but not limited to:
8.5.1. Fair Wear and Tear;
8.5.2. Wilful damage, abnormal storage or working conditions, lack of proper maintenance, accident, negligence by the Customer or by any third party;
8.5.3. Failure to install, operate or use the products in accordance with the user instructions, specifications or conditions or conditions made available to the customer by Prosomed; or
8.5.4. Any alteration or repair by the Customer or a third party who is not one of Prosomed's authorised repairers.
8.6. Any products, content, user-generated content and services made available or obtained through the website or any linked third party website is done at the Customer's own discretion and risk and the Customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.
8.7. Use and reliance upon any and all of the products, content, user-generated content is at the Customer’s own discretion and risk and is made available on an "as is" and "as available" basis. Except as may expressly be stated herein, Prosomed makes no warranties or representations about the accuracy or completeness of the products, content, user-Generated content, services or any other items of the products, content, user-generated content, services or any other items or materials made available or linked to from the Website.
PROSOMED via Col da Lech 6
Tel: (+39) 329 60 60 346