General Terms and Conditions of Sale

General Terms and Conditions of Sale, effective from  01/01/2020.

FOREWORD

This policy applies to the https://ecommerce.spameditaly.com website (Site).

Seller’s details: Jet Tech Europe S.r.l. uninominale, Via Giovanni Silvestri 15, 20126 Milan, VAT number IT06791650960, Milan Chamber of Commerce REA MI-1914894, info@spameditaly.com (Seller).

Definition of Buyer: the natural or legal person who makes purchases on the Site.

Art. 1. Scope

1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 Sales on the Site are reserved for “professionals”. A professional is a natural or legal person who acts in the exercise of his or her entrepreneurial, commercial, craft or professional activity. The professional categories to which the Site is addressed are beauticians, nurses and doctors who have received appropriate specific training from the Seller or his or her representative on the use of the products sold on the Site. It is forbidden to sell or transfer to third parties the products purchased on the Site.

1.3 The images and descriptions on the Site are purely indicative. Colors may differ from the actual colors due to the configuration of computer systems or computers used to display them.

1.4 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force as soon as they are published on the Site. The Buyer is therefore invited to regularly access the Site and to consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.5 The applicable General Terms and Conditions of Sale are those in force on the date of shipment of the order.

1.6 The Buyer must carefully read these General Terms and Conditions of Sale, as well as the other information provided by the Seller on the Site, including during the purchase procedure.

1.7 In no event shall the Seller be liable to the Buyer or to any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of profit or other indirect loss arising out of the use of the Site or the inability to use the Site. The Seller does not guarantee: (i) that the Site is free of viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete and up-to-date.

1.8 The Buyer undertakes to indemnify the Seller from any obligation or liability, including any legal costs incurred to defend itself in court, which may arise in the face of damage caused to third parties, in relation to the products purchased on the site, violation of the law or the terms of these conditions of sale.

1.9 Orders can also be placed on the Website by email. As far as they are compatible, the clauses indicated in this General Terms and Conditions of Sale also apply to these types of orders. The Vendor reserves the right to send different and separate General Terms and Conditions of Sale by email, effective only for the purchase by email. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.10 All elements of the Site are the property of the Seller or third parties. Unless expressly authorised in writing by the Seller, the reproduction, in whole or in part and by any means, distribution, publication, transmission, modification or sale of all or part of the content of the Website is prohibited.

1.11 The content available on the Site is protected by copyright law and other laws and international treaties protecting intellectual property rights.

1.12 The trademarks MesoJet, Jet Solution, Ready Medical, PreciousWave, Jet Detox Water and Mirradia are registered and are the exclusive property of the Seller and may only be used with express written permission.

1.13 The products presented and purchasable on the Site are for professional use and are aimed exclusively at beauty professionals and not at the end consumer. The Buyer assumes responsibility for being adequately informed about the methods of use of the products and relieves the Seller of any liability for any damage caused to itself or to third parties with their use.

Art. 2. Purchases on the Site

2.1 To make purchases on the Site, it is necessary to follow the procedure indicated on the Site, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller’s server.

2.2 The Buyer undertakes to immediately inform the Seller if it suspects or becomes aware of any misuse or disclosure of any information published on the Site.

2.3 The Buyer guarantees that the information provided is complete and truthful and undertakes to indemnify and hold the Seller harmless from any damage, indemnity obligation and/or penalty deriving from and/or in any way connected with the breach of this commitment. The Buyer undertakes to immediately inform the Seller if it suspects or becomes aware of any improper use or improper disclosure of the credentials for accessing the Site.

2.4 The Seller reserves the right to refuse any order without having to give a reason. In the event of refusal, the Seller will send notice of the refusal by email and will refund any amount already paid by the Buyer in the manner described in point 5.7. In addition, the Seller reserves the right to suspend or cancel the User’s account at any time and without prior notice.

2.5 To place purchase orders on the Site, it is necessary to read and approve these General Terms and Conditions of Sale, by checking the appropriate box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.

Art. 3. Product Availability

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

3.2 Information on the availability of the Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by several users at the same time, it may happen that several users purchase the same Product at the same time. In such cases, therefore, the Product may be available for a short period of time, being, however, out of stock or not immediately available and it being necessary to wait for the restocking.

3.3 The Buyer will be informed in the event of unavailability of the Product ordered. In such a case, the Buyer shall have the right to terminate the purchase contract. However, please note that before requesting the cancellation of the contract, the Seller reserves the right to apply the following measures:

• If a restocking is not possible, the Vendor will provide a different product, of equivalent or greater value, subject to payment, in the latter case, of the difference, and subject to the express acceptance of the user.
• If replenishment is possible, an extension of the delivery terms, offered by the Seller, with an indication of the new delivery term. And in this case there is no right of withdrawal.

3.4 If a refund is requested for the purchase of Products that are subsequently unavailable, the Vendor will provide a refund within 10 days.

3.5 In the event that the Buyer exercises the right of withdrawal due to the unavailability of the product, the contract will be terminated. In the event that payment of the total amount due, consisting of the price of the Product, any shipping costs and any other additional costs, as indicated in the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of clause 5.7.

Art. 4. Prices, taxes and customs duties

4.1 Prices on the Site do not include VAT. For EU businesses, VAT will not be applied only if the customer has provided a valid VAT number for EU Community transactions at the time of ordering. If the VAT number is not communicated or is not valid for intra-community purchases, the Seller will request payment of Italian VAT by email before processing the order. If the Buyer decides not to pay, the Seller may decide to cancel the order and refund any amount already paid by the Buyer minus any costs incurred for the preparation of the order and according to the procedures described in point 5.7.

4.2 In some non-EU countries, customs or import charges may be added to the shipping costs to be paid by the Buyer and charged when the package reaches the country of destination. The Seller has no responsibility or possibility of intervening with respect to the latter expenses which are outside its sphere of control. If you suspect that you are in a country where there are customs charges or restrictions on the entry of certain products, you should inquire about this before placing your order. If the shipper makes the delivery by charging customs duties, duties or other local taxes to the Seller, the Buyer will be notified of the amount of such charges and will be required to refund them within 10 days of receipt of the request email. If Buyer fails to pay, Seller will cancel Buyer’s account until the debt has been paid in full and take action to recover any monies owed.

4.3 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price applied will be the one indicated on the Site at the time the order is placed and that no changes (up or down) will be taken into account after the order has been placed.

4.4 The shipping costs of the Products are borne by the Purchaser, unless otherwise indicated on the website at the time of purchase.

4.5 The Vendor will only dispatch the Products after receiving confirmation of payment authorisation or payment of the Total Amount Due. Title to the Products will be transferred at checkout.

4.6 The purchase contract is subject to the non-payment of the Total Amount Due. Unless otherwise agreed in writing between the Parties, the order will be cancelled accordingly.

Art. 5. Terms of payment

5.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information. On the Site, you can purchase using the payment methods described in this article.

5.2 On the Site you can purchase with payment cards. You will only be charged once (i) your payment card details have been verified and (ii) the payment card issuer you are using has issued the debit authorisation. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

5.3 On the Site it is possible to pay by bank transfer. The bank details are communicated by email after the order has been placed. Payments made by non-SEPA credit transfer must be made at the expense of the Buyer in full. In the event of non-payment within 3 days of placing the purchase order, the Vendor reserves the right to cancel the order.

5.4 Cash on delivery may not be purchased on the Site, unless otherwise agreed with the Seller.

5.5 On the Site it is possible to purchase by means of a discount code. If the value of the discount code is lower than that of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can only be used for one purchase. Under no circumstances can discount coupons be converted into cash.

5.6 Purchases can also be made on the Site through Klarna’s payment in instalment solutions. The first payment is charged at the time of shipment of the order itself and/or at the time of conclusion of the purchase contract, while subsequent payments are charged every 30 days from the first charge, unless otherwise indicated on the Site or by the payment service provider (Klarna). If you choose Klarna as your means of payment, you will be redirected to the www.klarna.com website where you will follow the procedure provided and regulated by Klarna and the terms and conditions of the contract agreed between you and Klarna. The data entered on the Klarna website will be processed directly by Klarna and will not be transmitted or shared with the Seller.

5.7 Refunds. In cases where it is provided, the refund will be made at the Seller’s choice by returning the amount to the Credit Card used for payment or by bank transfer.

Art. 6. Shipping of Products

6.1 The Products are delivered to all countries where there are no customs constraints or import bans. The Buyer must check the existence of any customs or import restrictions on the Products before placing the order.

6.2 The delivery obligation is fulfilled by transferring to the Purchaser the material availability or in any case of control of the Product through the assignment to the shipper.  To this end, the Seller shall communicate the shipment number by email to the Buyer.

6.3 Delivery time of the Products: within 7 working  days from confirmation of payment

6.4 The INCONTERMS conditions applied on the Site are EX-WORKS – Italy. Therefore, the goods travel at the risk and peril of the Buyer, even if the shipping costs have been borne by the Seller. The Buyer is not entitled to refunds in the event of total or partial loss or damage to the order entrusted to the shipper. In any case, the Buyer is invited to report any loss or damage to allow the Seller to contact the shipper in charge and agree with the Buyer on new methods of handling subsequent orders.

6.5 With reference to the possibility of requesting delivery of the Products at a “collection point”, the Seller informs you that the Website does not offer the possibility of collecting the Product at a “collection point” other than the address provided by you during the purchase process. However, you are invited to access the Site regularly to check if this delivery option is subsequently made available on the shipper’s website.

6.6 You acknowledge that the collection of the Product is your specific obligation. In the event of failure to collect the Product, the Vendor reserves the right to terminate the purchase contract and to claim compensation for any damage suffered by the failure to collect the Product.

6.7 If the order cannot be delivered to you for reasons related to customs restrictions on access and is disposed of or lost, no refund will be given to the Buyer.

6.8 If the order cannot be delivered to the user for reasons related to customs restrictions on access and is returned intact to the Vendor, the user will be refunded for the amount paid, minus the shipping costs incurred and any other charges necessary for the re-importation of the products.

Art. 7. Right of withdrawal

7.1 There is no right of withdrawal for the purchase of Products on the Site. The Buyer acts as a Professional, for whom the law does not provide for the right of withdrawal.

Art. 8. Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is governed by the provisions of art. 1490 of the Civil Code. Therefore, the Seller is required to ensure that the item sold is free from defects that make it unsuitable for the use for which it is intended or appreciably diminish its value.

8.2 The warranty is not due if at the time of the contract the Buyer was aware of the defects of the thing; likewise, it is not due, if the defects were easily recognizable, unless, in this case, the Seller has declared that the thing was free from defects.

8.3 In the event of defects, the Buyer may request the termination of the contract or the reduction of the price at its choice, unless for certain defects, customs exclude termination. The choice is irrevocable when it is made with the judicial request. If the delivered item has perished as a result of the defects, the Buyer has the right to terminate the contract; if, on the other hand, it has perished by fortuitous chance or through the fault of the Buyer, or if the latter has alienated or transformed it, he can only ask for a reduction in the price.

8.4 The Buyer forfeits the right to the warranty if it does not report the defects to the Seller within eight days of discovery, unless otherwise established by the parties or by law. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it. The action is time-barred, in any case, within one year of delivery; but the Buyer, who is agreed to the performance of the contract, can always assert the guarantee, provided that the defect of the thing has been reported within eight days of discovery and before the end of the year from delivery.

8.5 In the event of defects, the Buyer is required at his own expense to return the goods to the Seller in the original packaging. Failure to return the contract will forfeit the possibility of terminating the contract or requesting a price reduction. For shipments outside the EU, the return shipment must be made with INCONTERMS DDP (Delivered Duty Paid).

8.6 The Seller is not liable in the event of damage, of any nature, deriving from the use of the Product improperly and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

8.7 In the presence of defects such as to activate the Guarantee of Conformity, the products must be returned intact in their original packaging. Open or partially used products are not accepted.

 

Art. 9. Manufacturer’s Warranty

9.1 The Manufacturer’s Warranty is an additional guarantee to the Legal Guarantee of Conformity that may be provided by the Seller on the Products. Except as may be indicated on the Site, Products sold on the Site are not covered by the Manufacturer’s Warranty.

Art. 10. Applicable law and jurisdiction

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 Any dispute relating to the application, execution and interpretation of this document shall be subject to jurisdiction of the Court where the Seller has its registered office pursuant to the provisions of the Introduction.

10.3 If any clause of the General Terms and Conditions of Sale is found to be null, invalid or unenforceable, the said clause will be deleted and the remaining clauses will not be affected by this and will remain in full force.

10.4 These Terms are drafted and revised in the English language. Other versions in different languages are provided for information purposes only. In the event of discrepancy between the various versions, the version written in Italian shall be considered to prevail.

Art. 11. Customer service

11.1 It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller at the addresses indicated in the Introduction, or by using the contact form that may be available on the Site.

11.2 The Seller responds within an approximate time of 3 working days.

Art. 12. Miscellaneous

12.1 This document fully regulates the relationship between the Buyer and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time are reserved.