General conditions of sale and customer obligations

These General Conditions of Sale concern the offer, forwarding and acceptance of online purchase orders for products offered for sale on the Site, exclusively for business or professional reasons (so-called Business to Business or B2B commercial relationships) and not for personal reasons

(pursuant to Article 3, paragraph 1, letter b, of Legislative Decree no. 206/2005 - so-called Consumer Code).

The provisions contained in the Civil Code, in Legislative Decree no. 70/2003 on electronic commerce and in the legislative decree n. 206/2005, the Consumer Code, where also extended to B2B relations.
The Seller invites you to carefully read these General Conditions of Sale before proceeding with any purchase through the Site.
These general conditions of sale must be examined by the Customer before each purchase and are understood to be fully known and unconditionally accepted with the affixing by the Customer of the flag in the relevant field of acknowledgment and acceptance on the Site.

Therefore, an indispensable condition for the purchase is the prior registration of the Customer on the page of the Website www.ivymedicalshop.com with simultaneous viewing and acceptance of these general conditions as well as the assignment of an identification code and password to be subsequently entered in the appropriate fields before each purchase.
IVY is free to update, integrate or modify these general conditions of sale, with effect for sales completed after their publication on the Site, which constitutes communication of the changes to Customers, registered or not.

The Customer accepting these conditions:

  • declares that the completion of the registration form and subsequent purchases will be made by subjects with the power to bind the customer;
  • undertakes not to pass on its identification code and password to third parties and to keep them with the utmost care and diligence, remaining solely responsible for their custody and use.
  • undertakes to forward the purchase order by diligently and scrupulously following the instructions and procedures described on the Site;
  • accepts as of now as its own all orders sent to IVY with the identification code of the Customer and his password, as well as the invoice that will be issued with the data entered by the Customer;
  • acknowledges that IVY cannot in any way be held liable to the Customer for the suspension or interruption, regardless of his will, of the operation of the Site.

Delivery

The shipment and transport of the purchased goods will be carried out by IVY.

The costs for shipments will be highlighted on the Site or in the order confirmation for shipments outside Italy
IVY will carry out deliveries compatibly with its procurement and shipping needs and may divide the Products of a single order into multiple deliveries or combine in a single delivery products indicated in different orders.
IVY will notify the Customer when the Products are ready for shipment and / or are delivered to the person in charge of transport and delivery, indicating when available the details to follow the execution of the transport (so-called "Tracking codes").

Deliveries will be carried out on the street level and will be made, unless otherwise indicated by IVY or by the transporter appointed by it,

from Monday to Friday during normal office hours (from 8:00 to 18:00), excluding national holidays.

Warranty

The essential characteristics of the Products are indicated on the Site at each detail page of the Product.

The Seller pays the utmost attention to the adherence of what is described and presented on the Site with respect to what is written on the label on the product packaging.

In any case, it is emphasized that, where differences are found, the label and directions for use of the Product supplied with it will always be valid.
IVY guarantees the conformity of the products with the declared technical characteristics and their immunity from defects and faults, as well as their safety according to the standards in force at the time of their marketing.
The acceptance of the products by the Customer or by subjects authorized by them present at the destination indicated by the Customer, is proof of the good condition of the packaging and all responsibility of IVY in this regard ceases upon delivery.

The Customer is also required to check upon arrival that the products comply with the order. Failing this, they are intended to be compliant and accepted.

IVY grants the Customer a guarantee of 12 (twelve) months for the lack of conformity of the products; this guarantee starts from the date of delivery of the products and its operation is subject to the notification of the discrepancy within 8 (eight) days of its discovery.

This term will be automatically reduced and brought back to the expiration date for Products which by their nature are subject to deterioration in short terms and the relative expiry date (or "Shelf Life") is indicated in the package.
Complaints regarding product defects, as well as qualitative or quantitative differences and any other visible discrepancies, must be communicated to IVY Customer Service in writing within 8 (eight) days of delivery.
For hidden defects verified by the customer before the sale to his successor in title, the term starts from the day of the discovery duly proven by the customer.
Complaints regarding any discrepancies from the accompanying documents for the transport, damage or shortages referable to the transport itself, must be communicated to the IVY Customer Service via certified e-mail or via e-mail within 24 (twenty-four) hours of receipt of the products.
The complaint of the defect or non-conformity must be received accompanied, under penalty of inadmissibility, with the description of the defect or non-conformity, the sales invoice number, the product serial number and the Customer's data.

IVY declines all responsibility for damages of any kind, whether direct or indirect, caused to things or persons that do not comply with the instructions for use supplied with the Products or relating to the use that could legitimately be expected at the time when the products were made.

Obvious defects such as breaks, abrasions, scratches, or the lack of conformity to the declared quantity, quality or aesthetic characteristics that are not immediately visible before purchase (because in this case they are considered accepted by the Customer and / or the end user and do not fall within the scope of the guarantee) are presumed to be known at the time of delivery.
Any dispute of flaws and defects or lack of conformity made by the end user or by the Customer for compensation with respect to the requests coming from their successor in title, forwarded after the aforementioned warranty period, will be the sole responsibility of the Customer with the exclusion of any right. of recourse or recourse.
In the face of justifiably and promptly proposed complaints, accompanied by the requested information, IVY at its discretion will proceed with the total or partial replacement of the defective Product and / or will carry out repairs and modifications under warranty in reasonable time at its headquarters or, at its sole discretion. judgment, at a trusted service center. To this end, the product must be delivered, by the Customer, to the IVY headquarters or to the assistance center indicated by the same. Any return of products purchased online must be agreed in advance with IVY, which will assign a return authorization number to which the Customer will refer in the return document and / or in the accounting documents.

IVY reserves the choice, at its sole discretion, between replacement or repair of products that IVY recognizes as defective, provided that the defects are not attributable to transport, misuse and / or storage, incorrect assembly or use. of the same not rational or inappropriate and in any case at the general responsibility of the Customer, his successors in title or third parties.
Repairs carried out under warranty do not involve any extension of the duration, nor the renewal of the warranty itself.
The guarantee does not apply if the product is combined with components not marketed by IVY or if the warnings and prescriptions provided or expected according to a normal criterion of diligence have not been observed.
The warranty does not cover parts subject to normal wear, defects or non-conformities in operation and damage originating from improper use or incorrect maintenance of the products in accordance with the use and maintenance manual or any other warning, instruction. or prescription by IVY. Nor is it subject to warranty what originates in tampering with the products and in any fact, conduct or omission attributable exclusively to the Customer or his successors in title.
IVY will in no case be liable for damage caused by defective or non-compliant products and this in express derogation from art. 1494 of the Italian Civil Code The Seller will therefore not be liable or obliged to indemnify indirect, intangible or collateral damages, including (without limitation): loss of profit, loss of earnings, limitations on production, administrative or personal costs, loss of customers or legal actions of third parties.

Payments and refunds

Payment of the full price for the purchase of IVY products must be made according to the alternative methods indicated on the Site and which the Customer will choose by filling in the order form.

In any case, the sale will not be carried out and the delivery and the Products carried out even if the Confirmation has been sent to the Customer by IVY as long as the latter has not received full payment of the price.

In case of payment by credit card, the entire payment procedure will be managed, in absolute safety, by ... (indicate the company or bank)

while the Seller will not come into possession of any information relating to the complete number of the credit / debit card or the security code, or similar.
In case of payment by bank transfer to the current account indicated on the Site, the reason must necessarily contain the order code communicated by IVY with the Confirmation.
The transfer must be made within 5 days of sending the order form. After this period, the Customer's order will lose its effectiveness and therefore the contract will be terminated by no longer the obligation of IVY to deliver the products unless otherwise exchanged between the parties via e-mail.
IVY will be able to refund the price paid by the Customer in two different types of situations:

reimbursement of the total amount relating to a Product for which an alteration has been found such as to give rise to the Customer's right to the guarantee, for which it is not possible to proceed with the replacement;
partial or full refund relating to an order for non-acceptance or for the unavailability of part or all of the Products for any reason.
Whatever the payment method used by the Customer, the refund is activated by the Seller in the shortest possible time and in any case within 30 (thirty) days from the sending of the IVY communication with which the right to said refund is recognized, using the same payment channel with which the order was placed.
Regardless of the correspondence between the recipient of the Products indicated in the order form and whoever made the payment of the sums due for their purchase, the reimbursement of the sums will always be made by the Seller in favor of the person who made the payment

(identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase was made).

Methods of purchase and conclusion of the sale

The Customer will formulate his own purchase proposal by filling in the fields provided on the Site for the choice of quantity and quality of the Products,

by entering all the data to complete your registration and finally activating the "send order" command, upon completion of the procedure provided on the Site and making the payment of the total price including VAT and transport costs resulting from the Site.

N.b: For orders greater than or equal to € 200.00 there will be no shipping costs, otherwise a contribution of € 12.00 must be paid

The sales contract between the Customer and IVY will be finalized when the latter receives the e-mail from IVY containing the confirmation and acceptance of the order (the "Confirmation").
The IVY Confirmation will contain a summary of the particular conditions of the sale and its essential elements

(list of products purchased unit and total price, terms and methods of payment, delivery), these general conditions,

and the privacy policy or the link to the pages of the Site containing these documents.
In case of total or partial non-acceptance of the order due to IT, technical or any other nature errors, due to unexpected impossibility or for any reason, IVY will notify the customer by e-mail, providing for the refund of the amount paid as soon as possible. in accordance with the provisions of article 4 below
In general, all the Products on the Site are immediately available.

However, the Seller cannot under any circumstances be held responsible for the temporary unavailability of one or more Products.

If a Product is no longer available or on sale after sending the order form, it will be the Seller's responsibility to notify the Customer by e-mail. The sending of the order form by the Customer is also valid as acceptance of any partial delivery, limited to the Products available as part of those ordered, as well as a waiver of claiming compensation or compensation for this reason.
The Customer remains solely responsible for the correctness and completeness of his identification data and in any case for any data entered on the Site and / or in the order form, in particular with reference to the product ordered, with the exclusion of any liability of IVY.
Except for express exceptions, communications between the parties that modify the contractual conditions, as defined above, or affect the execution of the sales contract, will always take place in writing, thereby expressly including also the communications via e-mail outgoing and in I arrive from IVY's e-mail.