1. GENERAL TERMS AND CONDITIONS OF SALE
1.1 Savifin S.r.l. (‘SAVIFIN’) invites each user of this site to carefully read the General Terms and Conditions of Sale of SAVIFIN hereinafter (‘TERMS’), before making any purchase and once completed, to print or save a copy in digital format.
1.2. The CONDITIONS govern the distance purchase of products and services promoted on the website www.ultrasoundtech.it (‘SITE’)
1.3 The products distributed by SAVIFIN (‘PRODUCTS’ or also, in its singular form, ‘PRODUCT’) through the SITE are those that will be made available to users from time to time within the web pages of the SITE.
1.4 The terms and methods for purchasing the PRODUCTS through the SITE are contained in these TERMS and CONDITIONS.
1.5 The offer of the PRODUCTS is addressed to a private consumer user (‘CONSUMER’ or also ‘USER’), i.e., in accordance with the provisions of Legislative Decree 6 September 2005 no. 206 (‘CONSUMER CODE’) a person who uses the PRODUCTS for purposes other than his business or professional activity, if any.
1.6 For the purposes of these Terms and Conditions, the person who expressly enters personal data in the reserved form at the time of purchase of the products, in addition to the mandatory data also the name of the company and its VAT number and / or tax code, are not considered a consumer. Unless express reference is made to the category CONSUMER, the provisions of these CONDITIONS shall apply without distinction to all users who purchase PRODUCTS and services through the SITE.
1.7 SAVIFIN may amend the CONDITIONS without prior notice. These amendments shall take effect from the day of their publication on the SITE. Purchase orders submitted to SAVIFIN prior to the publication of the above amendments shall be subject to the TERMS and CONDITIONS in force at the time of the conclusion of the Contract of Sale. (‘CONTRACT’).
2. PURCHASE PROCEDURE – CONCLUSION OF THE SALES CONTRACT
2.1 The visual representation of the PRODUCTS on the SITE, generally corresponds to the photographic image of the same and has the sole purpose of presenting them for sale, without any guarantee or commitment, express or implied, by SAVIFIN, concerning the exact correspondence of the image depicted on the SITE with the actual product, especially with regard to its colour also in consideration of the fact that the quality of the images, and therefore the perception of colour, may depend on the programs used for display and / or resolution and / or screen settings of the medium used to connect to the SITE.
2.2 In any event, SAVIFIN reserves the right to make changes and variations to the characteristics of the PRODUCTS at its sole discretion, provided that they do not materially affect the intended use of the PRODUCTS in question. In particular, this applies to slight variations in shape and/or size, the tolerances and measuring methods for which are contained in the relevant European (EN) and/or national (UNI) standards;
2.3 The publication of the PRODUCTS on the SITE constitutes an invitation to the USER to make a purchase proposal (‘ORDER’) to SAVIFIN. Each ORDER sent by the USER constitutes a contractual proposal and constitutes specific acceptance of the CONDITIONS that the USER must read and accept in order to proceed with the purchase.
2.4 Upon receipt of the ORDER by the USER, SAVIFIN automatically sends the USER an email confirming receipt of the ORDER (‘CONFIRMATION’) containing the details of the ORDER and all of the data relating to the purchase or the PRODUCTS requested, the related costs and any other charges borne by the USER, as well as the personal data and contact details of the USER and/or the recipient if different. The USER undertakes to verify the accuracy of the information and to promptly notify SAVIFIN of any errors and/or changes. The sending of the ORDER by the USER and its receipt by SAVIFIN also confirms the acknowledgement and acceptance by the USER of the CONDITIONS and any specific conditions.
2.5 SAVIFIN has the right to accept or not the ORDER received without the USER having any rights or claims against SAVIFIN in the event of non-acceptance.
2.6 The AGREEMENT between SAVIFIN and the USER shall be deemed concluded:
2.6.1. upon acceptance of the ORDER by SAVIFIN by sending the CONFIRMATION to the email address indicated by the USER who placed the ORDER, if payment for the PRODUCTS has been made by Credit Card, without prejudice to the right of cancellation by SAVIFIN in case of failure to successfully complete the payment and/or errors and/or omissions of the SITE management system;
2.6.2. at the time of accounting for payment on SAVIFIN’s current account, if payment of the order for the PRODUCTS has been made by bank transfer.
2.7 In any case, SAVIFIN reserves the right, at its sole discretion, not to accept the ORDER by promptly notifying the USER at the e-mail address indicated in the ORDER and proceeding to refund the price that may have already been paid by the USER, without the USER having any right or claim against SAVIFIN. In particular, but not limited to, SAVIFIN may refuse to accept an ORDER from a USER who has behaved irregularly, has not previously accepted delivery of purchased PRODUCTS, is suspected of fraudulent, malicious or unlawful behaviour or is ordered to do so by a judicial authority.
2.8 After the conclusion of the AGREEMENT, SAVIFIN will dispatch the PRODUCTS by notifying the USER by e-mail or SMS to the number indicated by the USER in the order form.
2.9 Each CONTRACT shall be filed by SAVIFIN by means of an electronic system and may be viewed, if necessary, both by SAVIFIN’s staff and by any third party used by SAVIFIN for the performance of the CONTRACT.
3. PRICE OF PRODUCTS
3.1. The price of the PRODUCTS (‘PRICE’) is inclusive of VAT and does not include any taxes, duties and levies applicable in the country of destination of the PRODUCTS where this is different from Italy. These costs, which differ from country to country, are borne exclusively by the USER, who is responsible for checking the amount with the competent customs authorities. Should SAVIFIN be required by law to advance such taxes, duties and levies on behalf of the USER, the USER undertakes to reimburse the advance on their behalf before the shipment/receipt of the PRODUCTS.
3.2. Shipping costs (‘EXPENSES’) will be added to the PRICE of the PRODUCTS and may vary depending on the shipping method and the country of destination. The total amount due for the PRODUCTS and the EXPENSES shall be clearly stated and communicated to the USER, prior to the conclusion of the CONTRACT.
3.3. The PRICE and FEES reported on the SITE are subject to possible changes and/or modifications by SAVIFIN without any obligation of prior notice to the USER, until the conclusion of the CONTRACT and without prejudice to SAVIFIN’s rights as set forth in clause 2.7 above.
4. PAYMENT METHODS
4.1 The payment of the PRICE and the EXPENSES (‘PAYMENT’) in the performance of the ORDER can be made by PayPal or Credit Cards, Bank Transfer and/or by any other means that SAVIFIN decides from time to time to make available to the USER through the WEBSITE and/or directly by other means.
4.2 Payment by PayPal or Credit Cards shall be made by redirecting the user to official secure sites, where the procedures for transferring the sums due to SAVIFIN shall be completed. The CUSTOMER’s financial data shall be handled directly by the official secure sites and shall not be shared with SAVIFIN.
4.3 The total amount due for each ORDER will be charged to the USER at the time of order confirmation, depending on the payment method chosen.
5. SHIPPING COSTS AND TIMES – DELIVERY OF PRODUCTS
5.1. Delivery times are on average 7 to 10 working days from the date of conclusion of the CONTRACT and are given as an indication only. In any case, the shipment shall be performed within 30 days as from the date of conclusion of the CONTRACT.
5.2 The shipping time, for destinations on the Italian territory -except for destinations in the regions Calabria, Sicily, Sardinia, Venetian Lagoon and particular locations in difficult conditions in accordance with the definition of the Italian Postal Service – the average shipping time to the USER, except in exceptional cases and during high season, is approximately 72 hours from the date of conclusion of the AGREEMENT for PRODUCTS that do not require customisation; longer times are to be expected for the remaining PRODUCTS. For destinations outside Italian territory, the average delivery time of the PRODUCTS will be communicated on a case-by-case basis. In any event, such timescales are not binding on SAVIFIN because they are beyond its control and should only be understood as a rough estimate.
5.3 The shipment shall take place after the conclusion of the CONTRACT as defined in Clause 2.6 here above.
5.4 The USER shall not be liable, for any reason whatsoever, to SAVIFIN in case of delay in the execution of the ORDER and/or in the shipment/delivery of the PRODUCTS covered by the AGREEMENT.
5.5 The shipment of PRODUCTS shall be at SAVIFIN’s risk. The risk shall pass to the USER upon delivery of the PRODUCTS to the recipient’s address.
5.6 For each CONTRACT concluded through the WEBSITE, SAVIFIN shall issue a delivery note, or, for those USERS who have entered their VAT number when placing the ORDER, the relevant legally required accounting document for the PRODUCTS purchased and the EXPENSES. These documents will be sent, at the option of SAVIFIN, either by e-mail as indicated by the USER when placing the ORDER or together with the PRODUCTS with the shipment. It will not be possible to make any changes to the accounting document after it has been issued, nor will it be possible to issue such a document if a USER, who has not indicated his VAT number in the data entry form, requests it at a later date, even before the shipment of PRODUCTS.
5.7 In order for SAVIFIN to correctly deliver the PRODUCTS, the presence of the USER or his/her representative is always required. If the addressee is not available at the time and place of delivery specified in the ORDER or subsequently agreed, the PRODUCTS shall be temporarily stored at the warehouse of the delivery agent. The USER will then be contacted by SAVIFIN Customer Care and can decide whether to request a new shipment, paying the related cost in advance, or to request a refund of the ORDER under the conditions and limitations referred to in paragraph 6. If the second delivery is also unsuccessful, SAVIFIN will proceed to refund the ORDER, under the conditions and limitations set out in point 6.
5.8 Once SAVIFIN has reimbursed the USER, the AGREEMENT shall be deemed to be automatically and definitively terminated, without prejudice to SAVIFIN’s right to claim for further damages.
5.9 The procedure referred to in the previous point is the one currently in force; SAVIFIN reserves the right to modify it at its sole discretion, with the aim of improving the service offered to the USER, without prior notice and without the obligation to inform the USER.
5.10 In case of force majeure, unavailability of means of transport, unforeseeable events, SAVIFIN reserves the right to terminate the CONTRACT or to split, postpone or cancel, in whole or in part, the foreseen delivery, if such events cause a delay in deliveries or make them difficult or impossible and/or result in a significant increase of cost for SAVIFIN. In such cases, SAVIFIN shall promptly notify its decisions to the e-mail address provided by the USER. In such cases, the latter shall be entitled to obtain the reimbursement of the PRICE, excluding any further claim or compensation, for any reason whatsoever, against SAVIFIN.
6. SAVIFIN’S RIGHT OF WITHDRAWAL – USER’S RIGHT OF WITHDRAWAL – LIMITATIONS TO THE RIGHT OF WITHDRAWAL
6.1 SAVIFIN reserves the right to withdraw from each CONTRACT, even if it has been concluded, without any obligation to state the reason, by promptly notifying the USER at the email address indicated in the ORDER and proceeding to refund the PRICE that may have already been paid by the USER, without the USER having any right or claim against SAVIFIN.
6.2 Pursuant to Articles 64 et seq. of the CONSUMER CODE, the USER has the right to withdraw from the purchase without penalty and without specifying the reason. To this end, it shall notify SAVIFIN Customer Care by e-mail or – alternatively – by registered letter with acknowledgement of receipt, to be sent within 14 days of receipt of the PRODUCTS.
6.3 For the valid exercise of the right of withdrawal, the USER must comply with the following conditions and procedures:
6.3.1. withdrawal may be exercised by contacting Customer Care at firstname.lastname@example.org or by sending a registered letter with acknowledgement of receipt to SAVIFIN S.r.l. c/o G.I.F. Via Desio 47/49, 20813 Bovisio Masciago (MB), Italy and following the directions it will provide;
6.3.2. the withdrawal may also be applied to a single PRODUCT in a single ORDER, it being understood that the USER may not exercise the withdrawal only for a part of the purchased PRODUCT; it is specified that the single components of a kit, if purchased as such, are not PRODUCTS but part of the PRODUCT;
6.3.3. withdrawal may not be exercised in respect of customised PRODUCTS, including but not limited to PRODUCTS for which adaptation of size, shape or colour to the standard has been requested or is necessary.
6.3.5. all PRODUCTS for which the USER has exercised the right of withdrawal must be returned to SAVIFIN at the care and expense of the USER, by courier of its choice, following the instructions provided by Customer Care or, failing that, to the following address: ULTRASOUNDtech Returns, SAVIFIN S.r.l. c/o G.I.F. Via Desio 47/49, 20813 Bovisio Masciago (MB), Italy;
6.3.6. all PRODUCTS for which the USER has exercised the right of withdrawal must be perfectly intact as the original packaging, complete in all its parts including the packaging material and seals affixed, complete with tags, protective cases, brochures or boxes and any additional documentation and instruction manuals;
6.3.7. if the PRODUCTS for which the right of withdrawal has been exercised are received by SAVIFIN incomplete and/or damaged, SAVIFIN will only be obliged to notify the USER in order to allow him/her, where possible, to exercise his/her right of recourse against the courier chosen to return the PRODUCTS;
6.3.8 SAVIFIN shall not be liable under any circumstances for damage, theft or loss of the returned PRODUCTS until they have been received. All risks shall therefore be borne exclusively by the USER;
6.4 Once the completeness and integrity of the returned PRODUCT has been verified, SAVIFIN will reimburse the USER for the full amount paid for the PRODUCT only -excluding therefore the EXPENSES and any other charge borne by the USER for any reason- included in the AGREEMENT and object of the withdrawal, within and not later than 30 days from the receipt of the same in accordance with the previous point.
6.5 If the return of the PRODUCTS is due to a PRODUCT that is acknowledged to be defective, SAVIFIN will also reimburse the shipping costs included in the INVOICE, possibly reduced in proportion to the value of any other goods included in the same INVOICE.
6.6 If the return of the PRODUCTS is made by the USER per facta concludentia, for example, as a result of refusal to collect and/or impossibility of delivery for reasons attributable to the USER, SAVIFIN will reimburse, if the conditions are met, only the PRICE paid by the USER, less all EXPENSES and costs that may be incurred by SAVIFIN for the transportation of the PRODUCTS from the address of the USER to its warehouses
6.7 If the USER violates, in whole or in part, the provisions of these TERMS and CONDITIONS, the AGREEMENT shall remain valid and effective and SAVIFIN shall make available to the USER the unduly returned PRODUCTS for collection by SAVIFIN, or shall return them to the USER, upon advance payment of the relevant shipping costs.
6.8 The refund will be made by bank transfer using the bank details that the USER must indicate in the communication to be sent to exercise the right of withdrawal. If this is not done at the same time as exercising the right of withdrawal, the period of 30 days shall commence from the time when such communication is received by SAVIFIN.
7. WARRANTY – RETURNS
7.1 PRODUCTS are covered by a conventional manufacturer’s warranty. Any flaws, defects or non-conformities must be reported directly to SAVIFIN. Except for mandatory legal provisions, SAVIFIN declares that it has no liability whatsoever with regard to defects, faults or differences in the product. This is without prejudice to the warranty for the USER under the CONSUMER CODE.
7.1.1 In this case, the USER shall, under penalty of forfeiture, report the detected defect to SAVIFIN Customer Care within 2 (two) months from the date of discovery, sending a copy of the invoice or equivalent document issued by SAVIFIN upon delivery.
7.1.2 SAVIFIN shall make every reasonable effort to repair or, at its sole discretion and at its own expense and within a reasonable period of time, replace the defective PRODUCT. If this is not possible, or if it is excessively costly, SAVIFIN shall have the right to terminate the AGREEMENT and, consequently, shall return the PRICE paid and EXPENSES to the USER, excluding any further liability of SAVIFIN, for any reason whatsoever.
7.1.3 If the USER discovers any discrepancies between what has been ordered and what has been received, and in particular, finds any problems with the physical integrity, correspondence or completeness of the PRODUCTS received, without prejudice to what is described in the previous articles. 2.1, 2.2, 6.3.2, 6.3.3, shall promptly inform SAVIFIN Customer Care, which shall provide the necessary instructions to solve the problem, and where possible, to ship the missing items, replace the defective or non-compliant items or refund them. Under no circumstances shall the USER be required to return, at his/her own expense, PRODUCTS acknowledged to be defective or received in error.
8. COMMUNICATIONS AND COMPLAINTS
8.1 All communications or claims against SAVIFIN must be addressed to SAVIFIN Customer Care at the email address email@example.com or, by post, to Savifin S.r.l. Via Volta 34 20825 Barlassina (MB), Italy.
9. INFORMATION NOTICE PERSONAL DATA PROCESSING INFORMATIVE DOCUMENT PURSUANT TO AND FOR THE PURPOSES OF ARTICLE 13, LEGISLATIVE DECREE. 30 JUNE 2003 NO. 196
9.1 In compliance with Legislative Decree. 30 June 2003 no. 196 (Consolidated Privacy Act) and subsequent variations, we provide the USER with due information regarding the processing of his/her personal and possibly sensitive data in our possession.
9.2 Purposes of processing for which consent is given where required (Art. 23 Legislative Decree 196/03).
The personal and possibly sensitive data voluntarily provided will be processed for the following purposes:
– possible sending of information requested by the USER;
– possible inclusion of the name of the USER on this website;
– administrative activities closely connected with and instrumental to the management of customer relations (e.g., acquisition of information prior to the conclusion of a contract, execution of transactions on the basis of obligations arising from contracts concluded with customers, etc.)
– accounting activities (issuing invoices, preparing payments);
– supply of goods and services and for the protection of claims arising therefrom;
– information activities, for the formalisation of requests for information on products, services, for the preparation of quotes or offers;
– commercial and statistical, up to opposition.
9.3 Processing methods – Storage. Processing will be carried out automatically and/or manually, using methods and tools designed to ensure maximum security and confidentiality, by persons specifically appointed for this purpose in compliance with the provisions of Art. 31 et seq. Legislative Decree 196/03. The data will be kept for a period not exceeding the purposes for which the data were collected and subsequently processed.
9.4 Communication and dissemination of data
The USER’s data, the object of the processing, will not be disseminated except within the limits expressed in the following information acquired consent, and may instead be communicated to companies associated with SAVIFIN, in accordance with and within the limits of Art. 42 of Legislative Decree no. 196/2003 Data may be communicated to third parties belonging to the following categories:
– subjects that provide services for the management of the information system used by SAVIFIN and telecommunications networks (including e-mail);
– service companies for the acquisition, recording and processing of data from documents, or media provided and originated by the customers themselves and relating to bulk processing of payments, bills, cheques and other securities;
– subjects that carry out customer assistance activities (e.g., call centres, help desks, etc.);
– firms or companies in the context of assistance and consultancy relationships;
– persons carrying out control, audit and certification of the activities carried out by SAVIFIN also in the interest of customers;
– competent authorities for the fulfilment of legal obligations and/or provisions of public bodies, upon request;
The subjects belonging to the above categories act as Data Processors or operate completely independently as separate Data Controllers. The list of any persons responsible is constantly updated and available at SAVIFIN’s head office. Any further communication or dissemination will only take place with the express consent of the USER.
9.5 Nature of data provision
The provision of data by the USER is optional; however, without it, SAVIFIN may be unable to provide the services required to fulfil contractual, accounting and tax obligations. The data controller also informs you that any failure to communicate, or incorrect communication of, any of the mandatory information has the following consequences: 1) the impossibility for the data controller to guarantee the congruity of the processing itself with the contractual agreements for which it is carried out; 2) the possible non-conformity of the results of the processing itself with the obligations imposed by the fiscal, administrative or labour regulations to which it is addressed.
9.6 The USER may assert his/her rights as expressed in Art. 7, 8, 9 and 10 of Legislative Decree 30 June 2003 no. No. 196 of 30 June 2003, by contacting the data controller, SAVIFIN, in the person of its legal representative, whom you may contact to exercise your rights under Art. 7 of Legislative Decree no. 196/03 by contacting our office.9.7 Extract from Art. 7 on the right of access to personal data and other rights. 1. In particular, the USER may request confirmation of whether or not data regarding them exists, even if it is not recorded, and to have such data sent to them in an intelligible format. 2. The USER has the right to be informed: a) of the origin of the personal data; b) of the purposes and methods of processing; c) of the logic applied in the event of processing carried out with the aid of electronic instruments; d) of the identity of the data controller, data processors and the appointed representative pursuant to Article 5, paragraph 2; e) of the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of it in their capacity as appointed representative in the territory of the State, Data Processors or persons in charge of processing. 3. The USER has the right to obtain a) the update, rectification or, where required, addition of data; b) the deletion, anonymisation or blocking of unlawfully processed data, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. 4. The USER has the right to object, in whole or in part: a) on legitimate grounds, to the processing of personal data concerning him/her, even if it pertains to the purpose for which it was collected; b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
9.8 The purpose of the session cookies used is to speed up the analysis of Internet traffic and facilitate user access to the services offered by the WEBSITE; when used, no personal data are transmitted or acquired, and no user tracking systems are used.
9.9 1. DATA CONTROLLER
Savifin S.r.l., Via Volta 34 20825 Barlassina (MB), Italy, in the person of its Legal Representative.
10. REFERENCE LEGISLATION – PREVAILING LANGUAGE – FINAL CLAUSES – PLACE OF JURISDICTION
10.1 These CONDITIONS, the AGREEMENT and any other kind of relationship established between the USER and SAVIFIN are governed by Italian law and subject to Italian jurisdiction.
10.2 The CONDITIONS are available in Italian and English; in the event of any discrepancy between the two versions, the Italian version shall prevail over the English version.
10.3 Should any provision of these CONDITIONS be or become invalid in whole or in part, the remaining provisions shall remain unaffected. The invalid clause shall automatically be replaced by a clause legally and fully reflecting the invalid clause.
10.4 Failure to exercise a power granted to SAVIFIN by these CONDITIONS shall not affect SAVIFIN’s right to exercise the same power in the future.
10.5 Any dispute related to the CONDITIONS or to the AGREEMENT and to any subsequent relationship established between SAVIFIN and the USER will be assigned to the exclusive jurisdiction of the Court of Monza, with the exclusion of any other competing court, without prejudice to the applicability of the mandatory rules of law for CONSUMER protection.