General terms and conditions of sale
Terms of Sale
Sales are governed by these terms and conditions of sale and by Italian law.
- SUBJECT OF THE ONLINE CONTRACT
These general conditions (the “General Conditions”) available on the website https:// www.d-heartcare.com apply to all B2B online sales (business to business) as well as B2C online sales (business to consumer) made by Strena Medical S.r.l. SB, with registered office in Genoa (GE), Via A. Cantore n. 8H/38, VAT and tax code no. 02335950990, (“Strena Medical”) on its website [http://www.d-heartcare.com] (the “Site”) towards any buyer, meaning professional and healthcare operators who purchase for purposes related to their entrepreneurial or professional activity (the “B2B Customer”) or consumer customers acting for purposes not falling within the scope of their commercial, industrial, artisanal or professional activity provided they are healthcare operators (the “B2C Customer”, together with the B2B Customers, the “Customers” and together with the Seller, the “Parties”) with reference to D-Heart products in the field of healthcare (the “Products”).
2. CONTRACT FORMALIZATION
2.1 The present General Conditions must be reviewed by the Customer before each purchase and are considered fully known and unconditionally accepted by the Customer by ticking the relevant field of acknowledgment and acceptance on the Site. Therefore, an essential condition for the purchase of the Products is the prior registration of the Customer on the Site with simultaneous acknowledgment and acceptance of these General Conditions as well as the assignment of an identification code password to be entered subsequently in the appropriate fields before each purchase. The Customer guarantees that the information provided during the registration procedure on the Site is complete and truthful, committing to update it over time if necessary and/or in case of changes, and declares that the completion of the form for registration and subsequent purchases will be carried out by the Customer or by persons authorized to bind the Customer. In this regard, the Customer undertakes to hold Strena Medical harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the Customer's violation of the rules on registration on the Site or on the preservation of registration credentials.
2.2 The Customer acknowledges that Strena Medical will not accept orders submitted (i) by persons who are not registered Customers on the Site, (ii) by persons who are not Customers, or (iii) by ordinary e-mail from Customers without their prior registration on the Site.
2.3 Strena Medical is free to update, integrate, or modify these General Conditions, with effect for sales completed after their publication on the Site, which constitutes communication of the changes to Customers, whether registered or not.
2.4 In accordance with Legislative Decree No. 70 of April 9, 2003, containing provisions on electronic commerce, Strena Medical informs the Customer that to conclude the purchase contract for one or more Products on the Site, the Customer must complete an order form in electronic format and transmit it to Strena Medical electronically, following the instructions that will appear from time to time on the Site. The Customer is advised to check the data entered in the order form before its electronic transmission.
2.5 All purchase orders sent to Strena Medical must be completed in all parts and must contain the necessary elements for the exact identification of the Customer, the ordered Products, and the delivery location of the Products themselves.
2.6 In the case of orders that, at the discretion of Strena Medical, appear anomalous in relation to the quantity of Products purchased or the frequency of purchases made, Strena Medical reserves the right to take all necessary actions to stop the irregularities, including suspension of access to the Site, or non-acceptance or cancellation of irregular orders.
2.7 To confirm what has been indicated by the Customer, Strena Medical will send an order confirmation, transmitted to the Customer at the email address provided by them. The contract between Strena Medical and the Customer is considered concluded at the moment the Customer receives the order confirmation.
2.8 Strena Medical reserves, finally, the right to refuse or cancel orders coming from Customers with whom it has an ongoing legal dispute; from Customers who have violated these General Conditions; from Customers who have been involved in any type of fraud, particularly fraud related to credit card and/or electronic payments; from Customers who have provided false, incomplete, or otherwise inaccurate identification data.
3. DELIVERY AND BILLING METHODS OF PRODUCTS
3.1 Strena Medical will deliver the Products to the Customer, selected and ordered according to the methods described in the previous article 2, through trusted couriers and/or shippers, or personally with its own agents. The Products purchased on the Site will be sent and delivered to the postal address indicated by the Customer in the order form.
3.2 Delivery is understood to be at street level, unless otherwise indicated. Unless otherwise specified, delivery will be made from Monday to Friday during normal office hours (from 9:00 AM to 6:00 PM), excluding national holidays.
3.3 The Customer acknowledges that the collection of the Product is their precise obligation.
3.4 The Customer acknowledges that, with reference to the delivery of the Products, the terms and conditions indicated in the order confirmation sent by Strena Medical to the Customer shall apply.
Without prejudice to the above, the Customer acknowledges that delivery shall be free of charge for each order of Products with a value equal to or greater than 100.00 (one hundred/00) Euros, excluding VAT, while for any order below this amount, the shipping costs will be borne by the Customer and the related amount will be indicated in the order confirmation.
3.5 The delivery times start from the sending of the order, unless otherwise indicated. The delivery time for the specific order will also be indicated in the order confirmation. In the absence of an indication of a different delivery time, it will, in any case, occur within 90 (ninety) days from the date of sending the related order by the Customer. The delivery of the Products is subject to payment by the Customer of the related price using the payment method chosen from those made available by Strena Medical.
3.6 If Strena Medical fails to fulfill the obligation to deliver the Products within the term referred to in the previous paragraph 3.5, the Customer must set a new deadline for delivery appropriate to the circumstances. If the additional term thus granted expires without the Products being delivered, the Customer is entitled to terminate the contract, with the consequent refund of the amount paid for the ordered Products (including any shipping costs paid by the Customer) within the terms referred to in the following paragraph 5.4, without any further amount being owed by Strena Medical to the Customer for any reason. The B2C Customer will not be required to grant Strena Medical an additional term for the delivery of the Products if (i) Strena Medical refuses to proceed with the delivery, (ii) the agreed delivery deadline is considered essential, or (iii) the B2C Customer informed Strena Medical, before the conclusion of the contract, that delivery by or on a specific date is essential. In such cases, in addition to the right to terminate the contract and claim compensation for any damage, the B2C Customer will be entitled to an immediate refund of all amounts possibly paid under the contract.
3.7 Ownership of the Products will be transferred to the Customer at the time of shipment, understood as the moment the product is delivered to the carrier. Similarly, the risk of loss or damage to the Products, for reasons not attributable to Strena Medical, will be transferred to the Customer at the time of shipment, understood as the moment the product is delivered to the carrier.
3.8 The tax documentation (invoice) is issued by Strena Medical based on the data provided by the Customer at the time of registration on the Site. The invoice in PDF format will be sent to the email address indicated by the Customer during registration. According to the provisions of current tax laws, it is the Customer's responsibility to download and print the document.
4.PRICES
4.1 All sale prices of the Products indicated on the Site are expressed in Euro. Unless otherwise indicated, the prices of the Products exclude VAT and any other taxes and shipping costs.
4.2 Strena Medical reserves the right to change the price of the Products at any time. It is understood that the price of the Product charged to the Customer will be the one indicated in the order summary, displayed to the Customer before confirming the order, and that any subsequent changes (increases or decreases) after the order has been placed will not be taken into account.
4.3 In the event that a Product is offered on the site at a discounted price, the full reference price from which the discount is calculated will be indicated on the Site.
4.4 In the event that the Customer, provided that the legal conditions are met, intends to request the application of the reduced VAT rate of 4%, as provided for by art. 2, paragraph IX, of law no. 30 of 28 February 1997, in relation to the purchase of technical and IT aids, pursuant to art. 2, paragraph 9, of decree-law no. 669 of 31 December 1996 (converted by law no. 30 of 28 February 1997) and Ministerial Decree of 14 March 1998, as well as aids intended for subjects affected by permanent functional impairments, pursuant to Presidential Decree 633 of 26 October 1972, Table A, part II, number 41-quater, aimed at facilitating self-sufficiency and integration of disabled persons, the Customer must contact Strena Medical in order to provide the necessary documentation.
4.5 The tax documentation (invoice) is issued by Strena Medical based on the data provided by the Customer at the time of registration on the Site. The invoice in PDF format will be sent to the email address indicated by the Customer during registration. According to the provisions of current tax laws, it is the Customer's responsibility to download and print the document.
4.6 Payment for the Products may be made, at the Customer's choice, by one of the following methods:
(i) Klarna,
(ii) advance bank transfer using the bank details provided on the Site,
(iii) credit card or Paypal at the time of sending the order through the Site.
4.7 At no point during the purchase procedure does Strena Medical come into possession of or is able to know the information regarding the Customer's credit card or Paypal or Klarna account transmitted via a secure connection directly to the bank managing the transaction. Therefore, under no circumstances can Strena Medical be held responsible for any fraudulent use of the information provided by the Customer at the time of payment for the Products.
4.8 In the event of non-crediting of the price of the Products to Strena Medical's current account (or in any case non-payment thereof) within seven (7) working days from the date of receipt of the order confirmation, except in the case of payment by cash on delivery, Strena Medical reserves the right not to fulfill the order and the contract shall be deemed automatically terminated.
5. AVAILABILITY OF PRODUCTS
5.1 Each Product is accompanied by an information page that illustrates its main features ("Product Sheet"). Within the Product Sheet, there will be a specific section containing information about the availability of the Product.
5.2 The availability of the Products is constantly updated. However, since the Site can be visited by multiple Customers simultaneously, it may happen that multiple Customers purchase the same Product at the same time. In such cases, therefore, the Product may appear to be available for a short period, while it is actually out of stock or not immediately available, as restocking is required. Therefore, Strena Medical will be free to refuse, even partially, the order and thus send an order confirmation for a number of Products less than that ordered by the Customer or, in the case of total unavailability of the Products, not send the order confirmation at all.
5.3. In case of even partial unavailability of the Products, Strena Medical may propose to the Customer, who will be free to accept or not at their discretion: (i) if it is possible to restock the ordered Product, an extension of the delivery terms, indicating the new delivery date of the restocked Product;
(ii) if it is not possible to restock the Product, the supply of a different Product, of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to the express acceptance of the Customer.
5.4 In the event that Strena Medical refuses the order due to unavailability of the Products, Strena Medical shall be required, at the Customer's choice, to replace the Products with others that are available or, if already collected, to refund the amount paid by the Customer within and no later than 60 (sixty) days from the date of refusal of the order to the same credit card or the same bank account used by the Customer.
6. PRODUCT FEATURES
6.1 Each Product is described within its respective Product Sheet, contained on the page dedicated to it.
6.2 The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or computers used by Customers for their display. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. Therefore, such images should be considered indicative and subject to normal tolerances. For the purposes of the purchase contract, the description of the Product contained in the Product Sheet at the time of the order transmitted by the Customer shall prevail.
6.3 The Customer, by sending the order, acknowledges having carefully examined the technical, functional, and aesthetic characteristics of the Products contained in the product sheet and considers them suitable for the use to which they intend, directly or indirectly, to assign the Products. Regarding the purchase of credits for the telecardiology service, the Customer declares to have reviewed the Service Regulation for Telecardiology (link to the regulation) and to accept the methods and conditions of provision. Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the clauses of this regulation referred to in points: 1) General Conditions 3) Products offered by Strena 4) Liability 5) Regulation (EU) 2016/679 and Legislative Decree 101/2018 in relations with the Customer; 6) Regulation (EU) 2016/679 and Legislative Decree 101/2018 in relations with the End User; 7) General rules regarding Use, are expressly approved.
6.4 Strena Medical reserves the right to make changes to the Products that, without altering their essential characteristics, may be necessary or appropriate.
7. WARRANTY AND LIMITATIONS OF LIABILITY OF STRENA MEDICAL
Warranty and liability limitations of Strena Medical regarding purchases made by B2B Customers
7.1 All Products purchased by the B2B Customer are covered by the legal warranty of 12 (twelve) months from the date of delivery thereof, pursuant to article 1495 of the civil code, and must be enforced by the B2B Customer, under penalty of forfeiture, within 8 (eight) days from the discovery of the defect or fault.
7.2 Strena Medical's warranty regarding the quality of the Products supplied is provided within the limits indicated in the Product Sheet. Strena Medical guarantees that the delivered Products comply with the technical specifications described in the Product Sheet and that the delivered products also conform to those ordered. Strena Medical assumes no responsibility if the Products are not suitable to meet the specific needs of the B2B Customer, unless these have constituted a specific condition of the accepted order and/or have been expressly agreed upon between Strena Medical and the B2B Customer.
7.3 Except as stated above, to the maximum extent permitted by law, Strena Medical excludes any other express or implied statement or warranty relating to the Products supplied to the B2B Customer, including any warranty of merchantability or fitness of the Products for a particular use. Also excluded from the scope of the warranty under this article are any faults or malfunctions caused by accidental events or by the responsibility of the B2B Customer or by use of the Product not in accordance with its intended use and/or as provided in the technical documentation attached to the Product.
7.4 In the case of a defect or fault properly documented and reported by the B2B Customer within the above-mentioned period of 8 (eight) days from its discovery, Strena Medical shall, at its own discretion and following any inspection, replace the defective Product at no additional charge or cost to the B2B Customer, or refund the price paid by the B2B Customer. Within the maximum limits permitted by law, any report of defect or fault communicated to Strena Medical after this period of 8 (eight) days from its discovery shall be inadmissible and therefore, under no circumstances, shall Strena Medical be held liable for any defect or non-conformity reported by the B2B Customer beyond this term.
7.5 Strena Medical assumes no further warranty obligations except as provided in this article. In particular, except in cases of willful misconduct or gross negligence, Strena Medical is not liable for indirect and/or consequential damages, under any title, whether contractual or non-contractual, including, by way of example and not limitation, loss of revenue, lost profits, or damage to reputation. The B2B Customer is not entitled to compensation for damages to persons or things other than the Products, unless it is evident from the circumstances that Strena Medical committed willful misconduct or gross negligence. Should Strena Medical be required to compensate damages to the B2B Customer, such compensation shall not exceed the amount equal to the total price of the Products actually purchased by the B2B Customer.
Warranty and liability limitations of Strena Medical regarding purchases made by B2C Customers
7.6 All Products purchased by the B2C Customer are covered by the legal warranty of 24 (twenty-four) months from the date of delivery, pursuant to art. 133 of Legislative Decree 206/2005, and must be enforced by the B2C Customer, under penalty of forfeiture, within 2 (two) months from the discovery of the defect or fault. Unless proven otherwise, it is presumed that conformity defects that appear within 6 (six) months from the delivery of the Products already existed at that date, unless such a hypothesis is incompatible with the nature of the Product or the nature of the conformity defect. From the 7th (seventh) month following the delivery of the Product, it will be the responsibility of the B2C Customer to prove that the conformity defect already existed at the time of delivery.
7.7 Strena Medical's warranty regarding the quality of the Products supplied is provided within the limits indicated in the Product Sheet. Strena Medical guarantees that the delivered Products comply with the technical specifications described in the Product Sheet and that the delivered Products also conform to those ordered. Strena Medical assumes no responsibility if the Products are not suitable to meet the specific needs of the B2C Customer, unless these have constituted a specific condition of the accepted order and/or have been expressly agreed upon between Strena Medical and the B2C Customer; also excluded from the scope of the warranty provided in this article 7 are any faults or malfunctions caused by accidental events or by the responsibility of the B2C Customer or by use of the Product not in accordance with its intended use and/or with what is provided in the technical documentation attached to the Product.
7.8 Except as stated above, to the maximum extent permitted by law, Strena Medical excludes any other express or implied statement or warranty relating to the Products supplied to the B2C Customer, including any warranty of merchantability or fitness of the Products for a particular use, provided that there is a conformity defect when the purchased Product:
(i) is not suitable for the use for which goods of the same type are ordinarily used;
(ii) it does not conform to the description in the Product Sheet;
(iii) does not have the usual qualities and performance of a good of the same type, which the B2C Customer can reasonably expect, also taking into account the statements made in the advertising or labeling of the Products;
(iv) is not suitable for the particular use intended by the B2C Customer and which has been brought to the attention of Strena Medical by the Customer at the time of the conclusion of the contract and which Strena Medical has expressly accepted.
7.9 In the event of a defect or fault properly documented and reported by the B2C Customer within the above-mentioned period of 2 (two) months from its discovery, Strena Medical shall, at the choice of the B2C Customer, proceed with the free repair or replacement of the defective Product, unless the remedy is objectively impossible or excessively burdensome compared to the other. If the free repair or replacement of the Product is excessively burdensome, the B2C Customer shall have the right, at their choice, to a price reduction or contract termination.
7.10 In the event that a Product, during the validity period of the warranty referred to in this article 7, exhibits what could be a conformity defect, the B2C Customer must contact the Strena Medical Customer Service, using the contact details at the bottom of these General Conditions. Strena Medical will promptly respond to the communication of the alleged conformity defect and will indicate to the B2C Customer the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
7.11 Strena Medical will arrange to collect the Product and send it to the competent service center or, if provided for the type of Product, will agree with the B2C Customer on a suitable date for on-site service access. In any case, the competent service center will carry out the necessary checks to verify the existence or absence of the claimed conformity defect. If the service center finds the conformity defect, any repair/replacement costs and transportation costs to the service center will be borne by Strena Medical. If the service center does not find the conformity defect, the warranty referred to in this article 7 cannot be applied, and therefore, transportation costs and any repair or replacement costs will be borne by the B2C Customer. Strena Medical will inform the B2C Customer of the situation and any costs to be borne for the repair or replacement. The B2C Customer must authorize the repair or replacement at their own expense in writing.
7.12 In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and, except in exceptional cases or force majeure, within 60 (sixty) calendar days from the day Strena Medical received the defective Product from the B2C Customer. In the event that the replacement or repair initially chosen by the B2C Customer is not carried out within this period, the B2C Customer may request one of the alternative remedies provided for in this article 7 (replacement, if repair was requested; repair, if replacement was requested; price reduction or contract termination).
7.13 Strena Medical assumes no further warranty obligations except as provided in this article 7. In particular, except in cases of willful misconduct or gross negligence and within the limits provided by law, including Legislative Decree 206/2005 with reference to personal injury and death, Strena Medical is not liable for indirect and/or consequential damages, under any title, whether contractual or non-contractual, including, by way of example and not limitation, loss of revenue, lost profits, or damage to reputation. The B2C Customer is not entitled to compensation for damages to persons or things other than the Products, unless it is evident from the circumstances that Strena Medical committed willful misconduct or gross negligence. Should Strena Medical be required to compensate damages to the B2C Customer, such compensation shall not exceed the amount equal to the total price of the Products actually purchased by the B2C Customer.
8. FORCE MAJEURE
8.1 Strena Medical cannot be held responsible towards the Client for delays, reduction in the ordered quantity, failure to deliver, or cancellation of the supply of Products if due to unforeseeable circumstances beyond its control, such as, by way of example and not limited to, strike, boycott, lockout, fire, war, civil war, riots and revolutions, requisitions, embargo, pandemic, epidemic (such as, for example, the Covid-19 pandemic) and related measures by government authorities (each, a "Force Majeure Event").
8.2 In the event of any Force Majeure Cause, Strena Medical shall promptly notify the Client in writing with an estimate of the extent and duration of such Force Majeure Cause. If the Force Majeure Cause continues uninterrupted for a period exceeding 60 (sixty) days, the Parties shall in good faith consider the most appropriate actions to undertake, including the termination of the contract. If Strena Medical intends to avail itself of the termination of the contract due to Force Majeure Cause, it must notify the Client in writing with a 15 (fifteen) day notice, after which the contract shall be considered terminated without any liability on the part of Strena Medical.
8.3 In the event that, due to the occurrence of any Force Majeure Cause, the performance by Strena Medical becomes excessively burdensome, it shall have, at its own discretion, the right to terminate the contract with immediate effect upon simple written notice to the Client, without incurring any liability, or to request the Client to fairly and mutually agree to modify the terms and conditions of the contract.
9. RIGHT OF WITHDRAWAL
9.1 The B2C Customer has the right to withdraw from the purchase contract of the Products, without having to provide any reason and without incurring any costs other than those provided for in articles 9.5, 9.6, and 9.7 below, within a period of 14 (fourteen) calendar days (the "Withdrawal Period").
9.2 The Withdrawal Period begins to run:
(i) in the case of an order relating to a single Product, from the day on which the B2C Customer or a third party, other than the carrier and designated by the B2C Customer, takes physical possession of the Product;
(ii) in the case of an order with multiple Products with separate deliveries, from the day on which the B2C Customer or a third party, other than the carrier and designated by the B2C Customer, takes physical possession of the last Product;
(iii) in the case of an order relating to the delivery of a Product consisting of multiple batches or pieces, from the day on which the B2C Customer or a third party, other than the carrier and designated by the B2C Customer, takes physical possession of the last batch or piece.
9.3 To exercise the right of withdrawal, the B2C Customer must inform Strena Medical, before the expiration of the Withdrawal Period, of their decision to withdraw. To this end, the B2C Customer must contact Strena Medical Customer Service by providing the order details. In the case of partial withdrawal, in addition to the purchase invoice, the B2C Customer must also communicate the Product code(s) purchased that they intend to return. The communication must be sent by registered letter, fax, or e-mail to the contacts indicated at the bottom of these General Conditions and must contain a written and signed declaration of the intention to exercise the right of withdrawal, summarizing all the data indicated and requested above, to be completed using the procedure described in the returns section at the address
https://www.medicalcenteritalia.it/spedizioni-consegne-resi/.
9.4 Once the authorization for the return of the Products has been obtained, within 14 (fourteen) calendar days, the B2C Customer must send the Products for which they have exercised the right of withdrawal at their own expense. Under no circumstances will packages sent with cash on delivery or freight collect be accepted.
9.5 If the B2C Customer withdraws from the contract, Strena Medical will proceed to refund the total amount paid by the B2C Customer for the Product, including delivery costs, excluding any additional costs resulting from the B2C Customer's choice of a delivery type different from the standard delivery (i.e., without the use of express couriers), without undue delay and in any case no later than 14 (fourteen) calendar days from the day Strena Medical was informed of the B2C Customer's decision to withdraw from the contract. Strena Medical may suspend the refund until it has received the Products and verified that the returned Products are intact and conform to what is described in paragraph 9.5 below, or until the B2C Customer has demonstrated that the Products have been shipped back, whichever occurs first. The refund will be made using the same payment method used by the B2C Customer, unless the B2C Customer has expressly agreed otherwise. In other cases, Strena Medical will request the B2C Customer's bank details necessary to make the refund, unless the B2C Customer has expressly agreed otherwise. In the case of partial withdrawal, Strena Medical will quantify the portion of delivery costs to be refunded to the B2C Customer as a result of exercising the right of withdrawal. In any case, the B2C Customer shall not bear any cost as a consequence of such refund.
9.6 The B2C Customer is only responsible for the decrease in the value of the Products resulting from handling them in a way other than what is necessary to establish their nature, characteristics, and functioning. Each Product must, in any case, be stored, handled, and inspected with normal diligence and returned intact, complete in every part, perfectly functioning, accompanied by all accessories and instruction leaflets, with identification tags, labels, and the single-use seal, if present, still attached to the product and intact and unaltered, as well as perfectly suitable for the intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the case where the Product's packaging includes its serial code, as for example, for electronic products, it constitutes part of the Product and, consequently, the Product must be returned in the original packaging, which must be placed in an additional package, without any other label or tape being affixed to it.
9.7 In the event that the withdrawal is not exercised in accordance with the applicable regulations and this article 9, it will not result in the termination of the contract and, consequently, will not entitle any refund. Strena Medical will notify the B2C Customer by e-mail within 5 (five) working days from the receipt of the Product, rejecting the withdrawal request. The Product will remain at Strena Medical at the disposal of the B2C Customer for collection, which must be carried out at the expense and under the responsibility of the B2C Customer.
9.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the Product other than that necessary to establish its nature, characteristics, and functioning, the refund amount will be reduced by an amount equal to such decrease in value. Strena Medical will notify the B2C Customer of this circumstance and the consequent reduced refund amount by email within 5 (five) working days from receipt of the Product, providing the bank details for payment of the amount owed by the B2C Customer due to the decrease in value of the Product, in case the refund has already been paid.
10. INDUSTRIAL AND INTELLECTUAL PROPERTY
The purchase of the Products and their use, whether direct or indirect, unless otherwise specified, does not imply the transfer to the Customer of any industrial or intellectual property rights (including licenses or other usage rights on patents, copyrights, or other industrial property rights – including know-how and technological, methodological, and organizational knowledge) on the Products, on artistic creations or on accessories used for their production (sketches, new labels, molds, clichés, punches, etc.), or that have been made available or, in any case, communicated by Strena Medical to the Customer within the contract, which remain the exclusive property of Strena Medical and/or licensed exclusively to the same.
11. ELECTRONIC PAYMENTS AND ISSUES IN PAGE DISPLAY
11 Payments made by credit card or other electronic means are carried out through a secure connection, directly linked to the Bank holding the account or to the online payment service provider with which Strena Medical has an agreement. Strena Medical does not obtain the Customer's credit card data and cannot be held responsible for any fraudulent use of the card in question. Strena Medical reserves the right to suspend the visibility of the Site in all or even just part of its functions in relation to all needs connected to its efficiency and security. In such cases, Strena Medical, except in cases of particular urgency, will notify customers by any means deemed appropriate as soon as possible.
12. CONFIDENTIALITY
12.1 The Customer undertakes (i) to keep confidential and strictly secret, and not to make any use outside of what is provided for the execution of the relationship governed by these General Conditions, all technical or commercial information and data relating to the Products and the activities carried out by Strena Medical (the "Confidential Information"), and (ii) to ensure that such Confidential Information is kept confidential and not used except for the purpose of executing the relationship governed by these General Conditions by the employees, collaborators, external consultants, and subcontractors of the Buyer who become aware of it in any way, including through the signing of appropriate confidentiality agreements.
12.2 This confidentiality obligation shall continue to apply even after the termination of the relationship governed by these General Conditions, and as long as the Confidential Information has not become public domain.
13. LEGISLATIVE DECREE N. 231/2001
The Customer, having acknowledged that Legislative Decree 231/2001 is in force in Italy, declares to be aware of the Organization, Management and Control Model and the Code of Ethics of Strena Medical, available in full version upon request, and undertakes: (i) not to engage in, contribute to, or cause the implementation of behaviors that, taken individually or collectively, directly or indirectly constitute the offenses referred to in Legislative Decree 231/2001; (ii) not to engage in behaviors that, although not constituting offenses per se, may be a prerequisite for them or may potentially constitute offenses; (iii) to comply with the control principles expressed in the Organization, Management and Control Model and in the Code of Ethics of Strena Medical for the entire duration of the contract or in any case of their collaboration with Strena Medical in order to prevent the occurrence of the offenses referred to in points i) and ii) above. The violation by the Buyer of the provisions of this article constitutes a serious contractual breach, pursuant to article 1455 of the Italian Civil Code. Strena Medical may therefore require the Customer to remedy the violation within fifteen (15) days from receipt of the notice of breach, pursuant to article 1454 of the Civil Code. If the Customer has not remedied their breach or in case of repetition of the breach, the contract will be considered terminated.
pursuant to the law, without prejudice to the compensation for all damages suffered by Strena Medical in relation to such non-fulfillment. The Client shall indemnify Strena Medical from any liability, damage, indemnity, cost and/or expense incurred by it resulting from any violation of this article.
14. PROCESSING OF PERSONAL DATA
Strena Medical will process the Client's data collected in relation to the conclusion and execution of the contract entered into by the Client and in accordance with and as specifically indicated in Strena Medical's personal data processing information available on the page www.d-heartcare.com
15. CONTROVERSY AND APPLICABLE LAW
15.1 Any dispute relating to the application, execution, interpretation, and breach of the contract entered into by the Client with Strena Medical is subject to Italian jurisdiction.
15.2 The Court of Genoa is elected as the exclusive competent court for any disputes arising with B2B Clients, without prejudice to the fact that in the case of B2C Clients, the court of the domicile of the B2C Client shall have exclusive jurisdiction.
ASSISTANCE AND COMPLAINTS
Strena Medical S.r.l. SB
by e-mail: info@d-heartcare.com
www.d-heartcare.com è un sito professionale dedicato alla classe medica e sanitaria. Le offerte disponibili sul nostro shop online sono riservate a medici, istituti e aziende che utilizzano i prodotti acquistati per la loro attività professionale.