Sales are governed by the regulations contained in Legislative Decree No. 206 of 2005.

OBJECT OF THE ONLINE CONTRACT

Purchases on Aerosal Divisione Medica constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree September 6, 2005, No. 206 ("Consumer Code") and Legislative Decree April 9, 2003, No. 70, containing the regulation of electronic commerce.

CONTRACTUAL FORMALIZATION

1. The purchase of Products on the site may be made only after registration. Individuals are allowed to purchase only on condition that they have reached the age of majority. The Customer warrants that the personal information provided during the registration process on the site is complete and true and agrees to hold Aerosal Divisione Medica SA harmless and indemnified from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the violation by the user of the rules on the registration to the Site or the storage of registration credentials.
2. In accordance with Legislative Decree No. 70 of April 9, 2003, containing provisions on electronic commerce, Aerosal Divisione Medica SA informs the Customer that in order to conclude a contract for the purchase of one or more products on the website, the Customer must fill out an order form in electronic format and transmit it to Aerosal Divisione Medica SA, electronically, following the instructions that will appear from time to time on the website. The contract is concluded when the order form reaches the server of Aerosal Divisione Medica SA.
3. All purchase orders transmitted to Aerosal Divisione Medica SA must be completed in all parts and must contain the elements necessary for the exact identification of the Customer, the products or services ordered, and the place of delivery of the goods.
4. In the case of orders that are found to be abnormal in relation to the quantity of products purchased or the frequency of purchases made, Aerosal Divisione Medica SA reserves the right to take all necessary actions to end the irregularities, including the suspension of access to the site, or the non-acceptance or cancellation of irregular orders.
5. In confirmation of what is indicated by the Customer Aerosal Divisione Medica SA will send an order confirmation, transmitted to the Customer to the e-mail address indicated by the Customer.
6. Lastly, Aerosal Divisione Medica SA reserves the right to refuse or cancel orders that come from customers with whom it has an ongoing legal dispute; from customers who have violated these general conditions of sale; from customers who have been involved in fraud of any kind and, in particular, in fraud related to credit card and/or electronic payments; from customers who have provided false, incomplete or otherwise inaccurate identification data.

PRODUCT DELIVERY AND BILLING METHODS

1. Aerosal Divisione Medica SA shall deliver the Products, selected and ordered in the manner set forth in the preceding article, to the Customer through trusted couriers and/or forwarding agents, 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.
2. Delivery is intended to be made at street level, unless otherwise specified and unless the user has chosen floor delivery. Unless the user has chosen a delivery method that involves delivery by appointment or by a specified time, delivery will be made Monday through Friday during normal office hours (9:00 a.m. to 6:00 p.m.), excluding national holidays.
3. The Customer acknowledges that the pickup of the product is his specific obligation. If the mode of Home Delivery chosen by the user does not provide for delivery at an agreed time, in case of non-delivery due to the absence of the recipient, the courier will leave a notice of passage. The notice will also contain the contact details at which the Customer can contact him/her to arrange redelivery or make a pickup of the package. After the unsuccessful delivery attempt, the package will go into storage with the courier. The Customer is obliged to pick up the parcel within 3 calendar days starting from the second day after the day on which the notice of passage was left. In the event that the Customer does not pick up the product within this period, the purchase contract may be deemed to be rescinded by right, pursuant to and for the purposes of Article 1456 of the Italian Civil Code . Aerosal Divisione Medica SA will then proceed, within 15 working days following the termination of the contract, to refund the Total Amount, if already paid by the Customer, minus the costs of the unsuccessful delivery, the costs of storage, the costs of return to Aerosal Divisione Medica SA and any other expenses that it may have incurred due to non-delivery due to the absence of the recipient. The termination of the contract and the amount of the refund will be communicated by the Customer by e-mail. Any delays in crediting may depend on the banking institution, type of credit card or payment solution used. In other cases, Aerosal Divisione Medica SA will ask the user to provide, by e-mail, the bank details necessary to make the refund.
4. The Customer is obliged to point out any special characteristics relating to the place of delivery of the product and/or its location, by entering a note to the order, in the space made available to him at the end of the purchase process and before sending the order. In the event that you fail to provide such indications or provide incorrect indications, you will be responsible for any additional expenses that Aerosal Divisione Medica SA must incur in order to complete the delivery.
5. Delivery terms run from the time the order is placed, unless otherwise stated. The delivery term of the specific order will also be indicated in the order confirmation. In the event that the delivery term is not indicated, it will take place, in any case, within sixty days from the date of conclusion of the contract. The delivery of the Products is subject to the payment, by the Customer, of the relevant price with the payment instrument chosen from those made available by Aerosal Divisione Medica SA.
6. If Aerosal Divisione Medica SA fails to fulfill its obligation to deliver the goods within the agreed term or within the term referred to in Article 4.5, Customer shall proceed to set within an additional delivery term appropriate to the circumstances. If the additional period thus granted expires without the goods having been delivered to him, the Customer shall be entitled to terminate the contract, without prejudice to his right to compensation for damages.
7. The Customer shall not be burdened with the additional time limit:(i) Aerosal Divisione Medica SA has expressly refused to deliver the goods, or;(ii) if compliance with the time limit agreed upon by the parties for delivery of the goods is to be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract, or;(iii) if the Customer has informed Aerosal Divisione Medica SA, prior to the conclusion of the contract, that delivery by or on a specified date is essential.
8. If the Customer does not take delivery of the goods within the agreed term as set forth in Articles 4.5, 4.6 and 4.7, the Customer is entitled to terminate the contract immediately, subject to the right to compensation for damages.
9. In the event of termination put in place by the Customer Aerosal Divisione Medica SA, within 15 working days following the termination of the contract, will refund the Total Amount, if this has already been paid by the Customer. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In other cases, Aerosal Divisione Medica SA will ask the user to provide, by e-mail, the bank details necessary to make the refund.
10. Ownership of the products will be transferred to the user at the time of shipment, to be understood as the time of delivery of the product to the carrier ("shipment"). On the other hand, the risk of loss of or damage to the products, due to causes not attributable to Aerosal Divisione Medica SA, shall be transferred to you when you or a third party designated by you and other than the carrier, materially take possession of the products.
11. Fiscal documentation (invoice) is issued by Aerosal Divisione Medica SA on the basis of the data related to the user coding made when registering in the site. The invoice in PDF format will be sent to the email indicated during registration by the Customer. According to the provisions of current tax laws, it will be the responsibility of the Customer to download to print the document.

PRICES

1. All sales prices of the products shown on the site are in Euros. Unless otherwise indicated, Product prices are exclusive of VAT and all other taxes and transportation costs.
2. Aerosal Divisione Medica SA reserves the right to change the price of products at any time and even, if necessary, several times during the same day. It is understood that the price of the product that will be charged to the user will be the one indicated in the order summary, displayed by the Customer prior to placing the order, and that any changes (increase or decrease) after the transmission of the order itself will not be taken into account.
3. Where a product is offered on the site at a discounted price on the site the full reference price against which the discount is calculated will be shown.
4. In the event that the user, having met the legal conditions, wishes to apply for the application of the subsidized VAT rate of 4 percent, provided for in Article 2, Paragraph IX, of Law No. 30 of February 28, 1997, in relation to the purchase of technical and computer aids, pursuant to Article 2, Paragraph 9, of Decree-Law No. 669 of December 31, 1996 (converted by Law No. 30) and Ministerial Decree of March 14, 1998, as well as aids intended for individuals with permanent functional impairments, pursuant to Presidential Decree No. 633 of Oct. 26, 1972, Tab. A, Part II, No. 41-quater, aimed at facilitating the self-sufficiency and integration of the handicapped, the user should contact Aerosal Divisione Medica SA in order to provide the necessary documentation.

PRODUCT AVAILABILITY

1. Each product is accompanied by an information page explaining its main features ("product sheet"). The availability of products is constantly updated. However, since the site can be visited by several users at the same time, it could happen that several users purchase, at the same instant, the same product. In such cases, therefore, the product may be, for a short period of time, available, being instead out of stock or of non-immediate availability, being for the same necessary to obtain restocking.
2. In the event that the product is no longer available for the reasons indicated above or in other cases of supervening unavailability of the product, without prejudice to the rights attributed to the Customer by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Aerosal Divisione Medica SA will immediately notify the Customer by e-mail and telephone. The user will, therefore, be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and in accordance with the provisions of Article 61, IV and V paragraph, of the Consumer Code. ?Alternatively, and without prejudice to this right of termination, the user may accept one of the following alternatives: (i) if a reassortment of the product is possible, an extension of the delivery terms, with an indication of the new delivery date of the reassorted Product; ?(ii) if a reassortment of the product is not possible, 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 user.
3. In the case of orders involving a plurality of products, should the unavailability occur concerning only some of the products covered by the order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 6.3, Aerosal Divisione Medica SA will immediately notify the Customer. The latter will, therefore, be entitled to immediately terminate the contract, limited to the product and/or products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and in accordance with the provisions of Article 61, IV and V paragraph, of the Consumer Code. Alternatively, and without prejudice to this right, the user may accept one of the following proposals of Aerosal Divisione Medica SA: ?(i) if a reassortment of the Products covered by the order that have become unavailable is possible, an extension of the delivery terms with respect to such Products, with an indication of the new delivery term for the same; ?(ii) if a reassortment of the Product(s) and/or Product(s) that have become unavailable is not possible, the supply, in substitution for the Products covered by the order that have become unavailable, of different products of equivalent or higher value, subject to payment, in the latter case, of the difference and subject to your express acceptance.
4. In the event that the Customer avails itself of the right of termination referred to in Article 61, IV and V paragraph, Consumer Code, Aerosal Divisione Medica SA will provide within 14 working days the amount paid consisting of the price of the product, delivery costs, if applied, and any other additional cost, as resulting from the order.

The refund amount will be communicated to the user via e-mail. Any delays in crediting may depend on the banking institution, type of credit card or payment solution used. In other cases, Aerosal Divisione Medica SA will ask the user to provide, via e-mail, the bank details necessary to make the refund. The termination of the purchase contract pursuant to the preceding articles shall entail the termination of any related credit contract and any other ancillary contract.

PRODUCT INFORMATION

Each product is described within a page dedicated to it (product sheet). The images and descriptions on the site reproduce as closely as possible the characteristics of the products. However, the colors of the products may differ from the real ones due to the settings of the computer systems or computers used by users to view them. Images of products on the Site, moreover, may differ in size or in relation to any accessory products. Such images should therefore be understood as indicative and within the tolerances of use. 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 be authentic.

RESPONSIBILITIES OF Aerosal Medical Division Ltd.

Aerosal Divisione Medica SA shall not be liable for inefficiencies attributable to force majeure of any nature or kind whatsoever, in the event it fails to execute the requested supply within the time agreed upon and provided for in this contract. Causes of force majeure include, but are not limited to, measures taken by the Public Authority, strikes by its own employees, employees of third-party companies or employees of carriers Aerosal Divisione Medica SA uses, as well as any other circumstance that is beyond its control or independent of it.

RIGHT OF WITHDRAWAL

1. Ai sensi degli articoli 52 e ss. del Codice del Consumo, il Cliente che riveste la qualità di Consumatore ha diritto di recedere dal contratto di acquisto del prodotto, senza dover fornire alcuna motivazione e senza dover sostenere costi diversi da quelli previsti dagli artt. 9.5, 9.6 e 9.7 che seguono, entro il termine di quattordici giorni di calendario (“Periodo di Recesso”). Il periodo di recesso scade dopo 14 giorni:(i) nel caso di ordine relativo a un solo prodotto, dal giorno in cui il Cliente o un terzo, diverso dal vettore e designato dall’utente, acquisisce il possesso fisico dei prodotti;(ii) nel caso di un ordine con più prodotti con consegne separate, dal giorno in cui l’utente o un terzo, diverso dal vettore e designato dal Cliente, acquisisce il possesso fisico dell’ultimo prodotto;(iii) nel caso di un ordine relativo alla consegna di un prodotto consistente di lotti o pezzi multipli, dal giorno in cui il Cliente o un terzo, diverso dal vettore e designato dall’utente, acquisisce il possesso fisico dell’ultimo lotto o pezzo;<
2. To exercise the right of withdrawal, the Customer must inform Aerosal Divisione Medica SA, before the expiration of the withdrawal period of its decision to withdraw. The Consumer must contact the Customer Service of Aerosal Divisione Medica SA communicating the details of the order. In case of partial withdrawal, in addition to the purchase invoice, the Customer must also communicate the purchased item number(s) that he/she intends to return. The communication must be received by registered letter, fax or e-mail and must contain a written and signed statement of the intention to exercise the right of withdrawal summarizing all the data indicated above and required.
3. Once the authorization to return the goods has been obtained, within 14 calendar days, the Consumer must have the goods for which he has exercised the right of withdrawal returned at his own expense. Under no circumstances will cash-on-delivery or freight collect packages be collected.
4. If the Customer withdraws from the contract, Aerosal Divisione Medica SA shall proceed to refund the Total Amount paid by the user for the product, including delivery costs, excluding additional costs resulting from any choice by the Customer of a type of delivery other than standard delivery, and, without undue delay and in any event no later than 14 calendar days from the day Aerosal Divisione Medica SA was informed of the user's decision to withdraw from the contract. Aerosal Divisione Medica SA may suspend the refund until it has received the goods or until Customer has demonstrated that it has returned the goods, whichever situation occurs first. The refund will be made using the same means of payment used by the Customer, unless the Customer has expressly agreed otherwise. In other cases, Aerosal Divisione Medica SA will ask the user for the bank details necessary to make the refund, unless the user has expressly agreed otherwise. In the case of partial withdrawal Aerosal Divisione Medica SA will quantify the share of delivery costs to be returned to the Customer as a result of the exercise of the right of withdrawal. In any case, the Customer shall not incur any costs as a consequence of such refund.
5. The Customer shall only be liable for any decrease in the value of the goods resulting from handling the product other than what is necessary to establish the nature, characteristics and operation of the product. The product must, however, be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction leaflets, with the identification tags, labels and disposable seal, where present, still attached to the product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, 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 event that the serial code of the product is included on the packaging of the product, such as, for example, for electronics products, it constitutes part of the product and, consequently, the product must be returned in its original packaging, which must be placed in an additional packaging, not being able to affix any other label or tape on it.
6. In the event that the withdrawal has not been exercised in accordance with applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. Aerosal Divisione Medica SA will notify the user, by e-mail, within 5 working days of receipt of the product, rejecting the request for withdrawal. The product will remain at Aerosal Divisione Medica SA at the user's disposal for collection, which must be done at the user's expense and responsibility.
7. In the event that the product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and functioning of the product, the refund amount will be reduced by an amount equal to this decrease in value. Of the circumstance and the resulting decreased amount of reimbursement Aerosal Divisione Medica SA will notify the user, by e-mail, within 5 working days of receipt of the product, providing the same, if the reimbursement has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the product.

LEGAL GUARANTEE OF CONFONFORMITY

1. All products sold on the Site are covered by the legal warranty of conformity provided for in Articles 128-135 of the Consumer Code ("Legal Warranty").
2. The Legal Warranty is reserved for consumers. It, therefore, finds application, only with those customers who have made the purchase on the site for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity possibly carried out. To those who have purchased on the site and who do not have the quality of consumers, the legal warranty provided by the Civil Code (Articles 1490 et seq.) applies, which has a duration of 1 year from delivery of the goods and must be enforced by the buyer within 8 days of discovery of the defect.
3. Aerosal Divisione Medica SA shall be liable to the Consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, defects of conformity arising within six months after delivery of the products shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the product or the nature of the defect of conformity. From the seventh month after delivery of the product, on the other hand, it will be the burden of the Consumer to prove that the lack of conformity already existed at the time of delivery of the product.
4. A lack of conformity occurs when the purchased good:
   /?(i) is not fit for the use for which goods of the same type are ordinarily used;
   (ii) does not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the Consumer as a sample or model;
   (iii) does not possess the usual qualities and performance of goods of the same type, which the Consumer may reasonably expect, taking into account also the statements made in advertising or labeling;
   (iv) is not suitable for the particular use intended by the Consumer and which has been brought to the knowledge of the Seller by the Consumer at the time of the conclusion of the contract and which the Seller has accepted.
5. Therefore, any failures or malfunctions caused by accidental events or by the Customer's responsibility 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 are excluded from the scope of the Legal Warranty.
6. In case of lack of conformity duly reported within the terms, the Customer has the right in the primary way, to repair or replacement of the goods free of charge, at his choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other. Secondarily (i.e., in the event that repair or replacement is impossible or excessively burdensome) to a price reduction or termination of the contract, at its option.
7. In the event that a product, during the period of validity of the Legal Warranty, manifests what could be a conformity defect, the user must contact Customer Service, using the contact details in art. 16 below. Aerosal Divisione Medica SA will promptly acknowledge the communication of the alleged conformity defect and will indicate to the user the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.
8. Aerosal Divisione Medica SA will collect the product and send it to the competent service center or, if it is provided for the type of product, will agree with the user on a useful date for access to on-site assistance. In any case, the competent service center will carry out the necessary checks to ascertain the existence or otherwise of the conformity defect complained of. If the service center finds the conformity defect, any repair/replacement costs and those of transportation to the service center will be borne by Aerosal Divisione Medica SA. If the service center does not find the conformity defect, it will not be possible to apply the Legal Warranty and, therefore, the transportation costs and any repair or replacement costs will be borne by the Customer. Aerosal Divisione Medica SA will inform the Customer of the circumstance and any costs to be incurred for repair or replacement. Customer shall authorize the repair or replacement at its expense in writing.
9. In all cases, the repair or replacement of defective products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or force majeure, within 60 calendar days from the day Aerosal Divisione Medica SA received the defective product. In the event that the replacement or repair initially chosen is not carried out within this period, the user may request one of the alternative remedies provided by the Legal Warranty (replacement, in case repair was requested; repair in case replacement was requested; price reduction or termination of the contract).

CONVENTIONAL MANUFACTURER'S WARRANTY

Products sold on the site may be covered by a conventional warranty issued by the manufacturer ("Conventional Warranty"). The Customer may enforce this warranty only against the manufacturer. The duration, extension, including territorial extension, conditions and methods of use, types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the warranty certificate contained in the product packaging. The Conventional Warranty is voluntary in nature and does not add to, replace, limit, impair or exclude the Legal Warranty.

PAYMENTS IN ELECTRONIC FORM

Payments made by credit card or other electronic forms are made by means of a secure connection, directly connected to the owner Banking Institute or the operator of the "on-line" payment service with which Aerosal Divisione Medica SA has an agreement. Aerosal Divisione Medica SA does not come into possession of the Customer's credit card information and cannot be held responsible for any fraudulent use of the card in question.

PROBLEMS VIEWING PAGES

1. The Customer must equip himself/herself with equipment and programs suitable for connection to the Internet. Should the Customer no longer be able to view part or all of the Site no charge or responsibility can be attributed to Aerosal Divisione Medica SA.
2. Aerosal Divisione Medica SA reserves the right to suspend the visibility of the Site in all or even part of its functions in relation to all needs related to its efficiency and security. In these cases Aerosal Divisione Medica SA, except for reasons of particular urgency, will notify customers by any means deemed appropriate and as soon as possible.

DISPUTES AND APPLICABLE LAW

1. Any dispute relating to the application, execution, interpretation and breach of the contract entered into online by the Customer with Aerosal Divisione Medica SA shall be subject to Italian jurisdiction.
2. For all matters not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in the contract entered into online by the Customer with Aerosal Divisione Medica SA shall apply.
3. The Court of Brescia is elected as the place of jurisdiction.

ASSISTANCE AND COMPLAINTS

Aerosal Medical Division Ltd.
by e-mail: info@aerosal.it
by phone: +41 78 941 25 00
by mail: solriposo Street 8, Taverne 6807, Switzerland