General Sales Condition - IC ITALIAN COSMECEUTICALS

1 SCOPE of APPLICATION

1.1 these conditions apply to all purchases of products (including, without limitation, Cosmeceutical products generally, as well as Medical Device hardware and/or software) ("products") or services ("services") which are sold through this website ("site") by: (a) us, Ic Medical S.r.l. Italy Rome (to which the terms "we" or "our" should construe as references) as a seller, (b) you, the purchaser (in which the terms "you" or "your" shall construed as references). These conditions have been prepared in accordance with the legal provisions on consumer protection (Legislative Decree September 6, 2005, n. 206), where applicable, and regulatory measures on e-commerce (Legislative Decree of April 9, 2003, # 70). These laws, along with any other applicable laws and regulations, make up for the effects of these conditions the "applicable law".

1.2 by placing an order through this site, you agree to abide by these terms and consent to the use by the seller of the telephone, e-mail and other automatic calling systems which do not entail the intervention of an operator, as applicable, in connection with the implementation and enforcement of these terms. Upon receipt of your order, we will send you an email containing all the information required by the applicable law. If she is acting as a "consumer" (i.e. You shop for purposes unrelated to his profession), these terms will not affect the rights you are acknowledged by applicable law if it does not allow the limitation or exclusion of such rights. By placing an order through this site you further require that we proceed to the execution of the contract without notice of the acceptance of your order.

1.3 in its prospective role as consumer, she recognized a "cooling off period" during which you can cancel your order for any reason without incurring any penalty. This period is:

1.3.1 For products: up to ten (10) working days following the delivery of the products;

1.3.2 For services: up to ten (10) working days following the date of acceptance by us of your order.

1.4 this right of withdrawal:

1.4.1 For orders relating to services, will no longer be enforceable, if the provision of such services is begun before expiry than expected cooling-off period.

1.4.1.1 For orders concerning Cosmeceuticals, will no longer be enforceable if the packaging in which is contained the product is opened or the product has been used even in small quantities.

1.4.1.2 For orders concerning Medical Device will no longer be enforceable if the packaging in which it is contained in the product (i.e. Not limited to needles and drugs) is opened or the product will lose the status of infertility.

1.4.2 For orders relating to software, will no longer be enforceable if the packaging containing the software is open or the software being used.

1.4.3 You won't find application in relation to products tailored or customized according to your order.

1.4.4 Does not find application in relation to products that are returned damaged.

1.4.5 It is understood that any material (for example Medical devices, needles, CD-ROM etc.) that are supplied with the products or services must be returned sealed along with the other items received.

1.5 all notifications of withdrawal should be written and directed as follows: https://www.icmedical.it/contact. All notices of cancellation must be sent by registered letter with acknowledgment of receipt to the above address. Notices of withdrawal can also be sent by fax at the following number + 39 02 700,539,158; the notice of withdrawal sent by fax must be confirmed within the next 48 hours by registered letter with acknowledgement of receipt at the above address. The notice of withdrawal shall be deemed to have been made on the day of shipment by post (if sent by post registered mail with acknowledgement of receipt); the day of fax transmission (if sent by fax and provided that the above mentioned confirmation has been sent).

1.6 If you make use of this right of withdrawal, should take the necessary precautions in order to preserve the product in its possession and also, at its own expense and within 10 working days from receipt of the products: return the products directly to us or to our authorized representatives or make them available for collection as required. If you have paid in advance, you will promptly and free of charge refunded, within 30 days of the date on which we will be aware of its withdrawal, and have returned the goods/products sent to it.

1.7 the above is additional to any right conferred by regulation of restitution ("returns policy") of manufacturers, licensors or suppliers of the products or services that are published on this website and the following provisions. If you wish to receive more information about your rights, please contact customer service at the numbers provided on the contact us page, supplied to the following address: www.icmedical.it/contatti.php.

2. Offer, ACKNOWLEDGEMENT and ACCEPTANCE

2.1 any price, listing and description of the site or the site it references will be subject to availability, it does not constitute an offer and may be withdrawn or amended at any time prior to acceptance of your order (as described below).

2.2 Although we strive to do everything possible to ensure that the products shown on the site are available, it is possible that we will not be able to supply these products because, for example, these products are no longer available in stock or immediately available at the time the order is placed. We will therefore reject your order (without liability) if we are unable to process or run the same. In that case we will inform you and you will be refunded any monies paid in advance to the article in accordance with the provisions of applicable law.

2.3 orders submitted by you shall be deemed an offer to us to purchase products or services on the basis of these terms for the perfecting of the orders is necessary in our subsequent acceptance. Once you have completed your order, you will see a page where you will be asked to verify the information entered; must verify that the information is correct and, if necessary, correct the information before submitting your order.

2.4 prior to our acceptance can be generated an automatic e-mail acknowledgement of your order. Please note that this communication should not be construed as formal acceptance of your order.

2.5 acceptances of your order will become effective and the agreement shall terminate when the offer will be accepted by us by means of delivery of your order/beginning of the requested services and acceptance of your credit card or other means of payment

("Acceptance").

2.6 you must make sure you print a copy of all the above documents and conditions for his personal archive.

3. Customer declarations

3.1 you shall ensure that all information provided by you at the time of placing the order are updated, substantially accurate and sufficient for processing of your order.

3.2 with the presentation of the order, you further represent that you have the legal capacity to sign a contract.

3.3 you will ensure that your account information (user code) activated with us are properly accurate and up to date. This information, as well as any authentication credential (password) for accessing the site and/or purchasing products) must be kept secured and protected from unauthorized access.

3.4 unless otherwise agreed or otherwise provided by applicable law, any warranty provided in relation to the goods or services has value against him on the assumption that in relation to the goods or services you are the end user and not a dealer.

3.5 you acknowledge that buy products and/or services for your personal use, and therefore not to resell them. You may not in any manner or context for accreditation as our representative, or as a representative of our manufacturers or service providers.

4. prices and TERMS of payment (NOTE: rates CANNOT BE CONFIRMED prior to acceptance of YOUR ORDER)

4.1 the prices set for the products or services are those in effect at the time of acceptance. Prices may be indicated on the site or in the communication of feedback of the order but we will communicate the final purchase price at the time of acceptance.

4.2 prices (unless otherwise agreed) will be quoted in the currency indicated on the site and shall remain in force for a period of thirty (30) days.

4.3 If, in the period between the wording of the order and our acceptance, the price of the goods or service were to increase, that is, if we were to change the description of your product or service, You may cancel your order and receive a refund of monies paid. If you decide to continue with the order, the same will be processed in accordance with the new conditions.

4.4 the places where we carry out deliveries are listed on the site ("territory"). Unless otherwise specified, prices quoted are to be considered:

4.4.1 less costs of transportation or delivery at the named place for delivery within the territory (charges are listed on the site); and

4.4.2 exclusive of VAT and any other tax or duty (if applicable) which will be shown next to the prices and will be added to the amount due;

4.4.3 you agree to bear the costs of transportation or shipment of products as established by us before your purchase.

4.5 payment, including shipping costs and any applicable tax or amount, must be paid before delivery.

4.6 except as expressly provided in the terms or on the site and within the limits permitted by law applicable payment can be entirely restrained even if there are objections to incorrect delivery or defects.

4.7 The charge on your credit or debit card will take place upon dispatch of the goods or the commencement of the provision of services. We reserve the right to verify payments made through debit or credit card prior to acceptance. Payment methods accepted are indicated on the site.

4.8 If the amount due is invoiced, each payment must be made and fully paid within thirty (30) days from the date of issue of the invoice. If not made payment of any sum to the deadline we will immediately declare liquid assets and payable all amounts billed not yet paid.

4.9 no claim or compensation can be demanded with respect to payments due without our prior written consent. We will proceed against him to obtain payment of the price of the products at any time after the expiration of the payment even if the transfer of ownership of the products in his favour had not yet perfected.

4.10 Any deferred payment that will be granted may be modified or withdrawn at any time. Interest will accrue on overdue amounts will be calculated on a daily basis at the maximum rate permitted by applicable law from the date on which such amounts are due to the resulting balance (both previously that subsequent to the issuance of a judicial sentence). At our request You will indemnify us for any expenses incurred in connection with the recovery of overdue amounts.

5. Termination

5.1 if you become subject to bankruptcy or insolvency proceedings or subscribe an agreement with its creditors or is issued against a judicial decision of liquidation or She takes or suffers any similar action because of his debt or otherwise there may be reason to believe that She will fail to meet its debt when these become payable; or fails to make payment of any sum due to the expected date or violates any provision of the conditions we may, to the extent permitted by applicable law, and without prejudice to any of our other rights,:

5.1.1 block any products in transit; and/or

5.1.2 suspend the delivery of additional products; and/or

5.1.3 stop or suspend the provision of services; and/or

5.1.4 giving written notice, cancel orders made by you and get loose from the bonds and solve any other written agreement between us.

6. Delivery and risk

6.1 dates/delivery times shown on the site, in any order acknowledgement and acceptance or elsewhere shall be construed as merely indicative estimates. If on the one hand we will strive to respect the above dates or deadlines, we will not send products and/or commence to provide services according to date and time accurate and therefore, to the fullest extent permitted by applicable law we will not be responsible for any delays or the inability to respect the dates and times indicated.

6.2 delivery will be made at a valid address within the territory you indicated and subject to acceptance ("delivery address"). It is borne the burden of verifying the address of delivery indicated in the notifications that will be sent acknowledgement and acceptances and inform us, without delay, any errors or omissions. We reserve the right to charge you any additional costs due to changes you made to the delivery address after placing an order.

6.3 If you refuse to receive or fails to take delivery of the product in accordance with the terms all the risks associated with loss or damage to the products will be at your expense and without prejudice to any other rights:

6.3.1 we will be entitled to demand the immediate and full payment of the goods or services delivered and to make delivery through any means deemed appropriate or to deposit products to Its own risk

6.3.2 upon request, You shall pay all costs of product storage and any additional costs incurred as a result of such refusal or failure to take delivery;

6.3.3 within the limits permitted by applicable law we will be entitled, 30 (thirty) days after the agreed date for delivery to dispose of products in ways deemed appropriate and the proceeds from the sale of the same may be set off against the sums due by you.

6.4 without prejudice to any statutory rights you are acknowledged by applicable law you will have no right to reject the products, in whole or in part to incomplete delivery and must pay for the full despite the delivery occurred or is incomplete unless written notice of the claim within 10 (ten) working days from the latest date between the relevant invoice and delivery , following such written notice, you shall pay for the quantity actually delivered.

6.5 When the delivery of the products is broken down, each consignment of products must be regarded as referring to a contract separate and distinct; any defect in one or more games don't legitimize to cease the entire agreement or even cancel orders for each game.

6.6 unless otherwise provided in the conditions, the risk associated with loss or damage to the products shall be borne by you upon the occurrence of the first of the following circumstances: the delivery of the products or when the products come into his possession or in the possession of a courier or other means of transport provided by you.

7. REJECTION, DAMAGE OR LOSS IN TRANSIT

7.1 will be His burden go to check the products at the time of delivery and make sure the conditions are satisfactory product in relation to those stated in its description and that the products are complete. You may return purchased products in accordance with the conditions or rules of return (Return Policy) listed on the site.

7.2 except as specified above or as determined by the applicable refund regulations and without prejudice to the rights that are recognized by law and which cannot be excluded or limited by the terms:

7.2.1 we will not be liable and you will have no right to reject the goods and services, unless:

(a) damage to or loss of goods or part of them occurred during transport (when the products are transported by our vehicles or from couriers on our behalf) if that fact we are notified within 10 working days from receipt of the products;

(b) the defects of the products (which are not caused by his action, negligence or omission) shall be communicated in writing within 30 days of receipt of the products

(c) The incorrect provision of the services (unless it be inaccuracies caused by his action, negligence or omission) is notified in writing within 15 days

Since its discovery;

7.2.2 we shall not be liable for any damage or loss due to a defective installation of the products; such a use of the products with other units that are flawed, incompatible or installed so faulty; His negligence; improper or in any way contrary to the manufacturer's specifications or instructions.

7.2.3

If there is a shortage of stocks or a failure to deliver, or any defect or damage that affects a product or service, subject to any otherwise applicable law we may, at our discretion:

(a) (in case of insufficient goods or non-delivery) remedy that insufficiency or non-delivery and/or

(b) in the event of failure or incorrect operation of the service, remedy this lack or inaccuracy of operation; and/or

(c) in the case of damage or any defect affecting the product and in accordance with the applicable returns policy:

(i) replace or repair the product provided that it is returned; or

(ii) return the price paid for each product that turned out to be damaged or defective.

8. SOFTWARE

8.1 If any product supplied is or includes software ("Software"), the Software shall be deemed licensed by us or by the licensor/owner thereof under the terms of the end user license agreement or other licensing terms accompanying the Software ("license terms") and/or the product. In addition:

8.1.1 the Software may not be copied, adapted, translated, made available, distributed, amended, changed, subjected to operations of disassembly, reverse engineering process, subject to a compiled, combined with any other software, unless (i) this is permitted by the terms of the license, or (ii) that this right is expressly provided by law and which cannot be excluded by contract.

8.1.2 without prejudice to any provision of the license terms, your rights of return and/or to a refund under the terms and any applicable returns policy do not apply if you open the Software package and/or destroy the license seal and/or use the Software.

8.1.3 except as otherwise expressly provided in writing by us or under the terms of the license, the Software will be provided "in fact and in law in which it is located (" as is "), without any warranty, term or condition with respect to its quality, fitness for purpose, performance or correspondence to description, and also does not provide any warranties or representations about the installation a fix for an issue, or configuration/Software defect. Please be informed that with regard to the determination of his rights against the manufacturer, licensor or supplier of Software should refer to all of the terms and conditions contained in the license terms.

9. limitation of liability

9.1 to the FULLEST EXTENT PERMITTED BY LAW OUR AGGREGATE LIABILITY (whether DUE to NEGLIGENCE, breach of contract, INTENTIONAL MISSTATEMENT-UNLESS-or otherwise) SHALL IN NO WAY EXCEED the COST of the DEFECTIVE, damaged or UNDELIVERED products or services (whose VALUE SHOULD BE determined based on the NET PRICE MENTIONED on INVOICE/CHARGED) IN relation to any event or series of events. WITHIN THE LIMITS PERMITTED BY LAW WE WILL NOT BE LIABLE FOR:

9.1.1 any special, punitive, incidental, indirect or consequential damages;  Or

9.1.2 HIS inability to PLACE ORDERS or LOSS of INCOME, revenue, profits, contracts, data, goodwill or savings.

9.2 UNLESS OTHERWISE PROVIDED in THESE CONDITIONS and within the limits PERMITTED by the applicable law (and with the EXCLUSION of LIMITATION OF LIABILITY for TORTS caused by negligence), ANY terms, conditions, warranties and representations (express or implied by LAW, COMMON LAW or OTHER SOURCE) is not included. WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR OFFENCE WHETHER RESULTING FROM DEFECTIVE MATERIAL, WORKMANSHIP OR OTHER DEFECT CAUSE, IRRESPECTIVE OF WHETHER THIS IS DUE TO OUR (OR OUR EMPLOYEES OR AGENTS) FAULT.

9.3 (1) WE DO NOT EXCLUDE LIABILITY for death or personal injury CAUSED by OUR NEGLIGENCE (or one of our employees or AUTHORISED REPRESENTATIVES), (2) by intent or (3) other MANDATORY PARTICULAR FORECAST by APPLICABLE LAW.

THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO THE CATEGORY OF ' CONSUMERS ' (AND I MEAN THOSE WHO MAKE PURCHASES FOR PURPOSES UNRELATED TO THEIR PROFESSIONAL ACTIVITY):

9.4 NOTHING PROVIDED in THESE TERMS is or will be CONSTRUED to RESTRICT or EXCLUDE OUR responsibility or that of the MANUFACTURER, LICENSOR or supplier AGAINST HIM, IF the APPLICABLE LAW WITHIN ITS TERRITORY, SUCH LIABILITY cannot be excluded or limited by CONTRACT.

9.5 THESE TERMS WILL NOT AFFECT the RIGHTS you are acknowledged by the LAW APPLICABLE to consumer protection. YOU MAY EXERCISE THESE RIGHTS AT ITS OWN DISCRETION.

10. retention of TITLE

10.1 the property right on the product will not be transferred until full payment of the price of the order (including any interest or other sum due in respect of the products). Until the full payment for the products will not be effected, You will retain possession of the goods acting as our agent and retains (in accordance with clause 10.2 following conditions) products so that you can immediately recognize that the same are owned by us, and will keep appropriate and accurate documentation to enable us to distinguish the goods for which payment has been fully executed by those whose payment is pending.

10.2 where the products are sold, in the broadest terms applicable law you shall keep (on a trust basis) the proceeds of such sales as subcontractor for us and at a separate account. You agree that as soon as you will be required, will move all of the rights to such proceeds and the said account and/or all rights and claims which can advance towards any client by reason of such sales until payment shown above may not be fully executed; Furthermore agrees that such rights or claims they cannot be assigned to any third party without our prior written consent.

10.3 we reserve the right (subject to applicable law) to repossess any products in respect of which payment is made late, either rejected or expired and then to resell the same; in this regard, you grant us an irrevocable right and permission to our employees and agents to access inside its premises during normal business hours. This clause 10.3 of the conditions will remain in force even after the termination, for whatever reason, of the contract.

10.4 this clause 10 apply only if conditions permitted by law

Applicable and to the fullest extent allowed by the same.

11. third party rights

11.1 She will keep us harmless from any liability, claims and cost that we will have to endure or support as a result of the provision of services or direct or indirect execution of any activity on or for products when they have executed for Its (or its representatives) specific request or instruction causing an infringement or alleged infringement of intellectual property rights of others.

11.2 to the extent permitted by applicable law, and unless otherwise expressly in the license terms or elsewhere, we will not be liable if the goods or services that infringe or are considered damaging to the intellectual property rights of others. If the products are or may be subject to patent, copyright, rights in databases, registered design, trade mark or other rights of third parties, You should refer to the specific terms of the manufacturer and/or licensor/owner of the product. We will need to transfer only those rights or titles that are in our possession.

12. warranty

12.1 all product descriptions, illustrations, drawings, particulars, dimensions, performance data, and any information available on the site or communicated by us shall be construed as General illustrations of the products and do not constitute in any way a guarantee or declaration of conformity of the products with the same. To determine the content of its rights and remedies you are acknowledged should refer to the manufacturer's specifications or warranty documentation.

12.2 you will be entitled to benefit from the guarantee provided by the manufacturer, Licensor and manufacturer for the products supplied and should refer to the documentation provided with the product. (If applicable, regulation of restitution (Returns Policy) will lay down the procedures for the repair or replacement of defective products).

12.3 your right to repair or replace any product or any component identified as defective will (save as otherwise provided and in accordance with applicable law) denied or invalidated if:

12.3.1 products have been repaired or altered by persons other than the manufacturer, us or any other authorized party; and/or

12.3.2 The product is defective or faulty products have not been returned with a detailed written description of the defects within 30 days from the date of notification of defects, carried out in accordance with the provisions of clause 7.2.1 preceding conditions; and/or

12.3.3 defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation, or failure to follow the manufacturer's instructions or other instructions given by us that is provided with the delivered products.

13. Consents, CUSTOMS DUTIES and EXPORT

13.1 should it be necessary to the issuance of any license or consent by any State authority or other authority for acquisition, transport or use of the products for its part, You shall obtain such licence or authorization at his own expense and if necessary, at our request, you must provide proof. Failure to comply with this obligation does not give it any title to withhold or defer the payment of the price. Any additional expense or charge were to derivarci as a result of such failure shall be borne by you.

13.2 products that are licensed or sold in execution of conditions may be subject to applicable export control laws and regulations in the territory or in any other jurisdiction where The delivered products or where they will be used. You will be responsible for compliance with applicable legislation and shall not engage in any conduct contrary or sanctioned by itself.

13.3 items imported into the territory of the European economic area (S.E.E.) that exceed a certain value will be subject to customs duties (particularly when the costs exceed his personal limits of exemption on importation). Shall be subjected to customs duties, import fees and taxes, levied when the product will reach the destinations indicated by you. Any additional cost for customs clearance or import taxes or applicable taxes shall be borne by you as we have no control over this type of taxation. You must therefore contact the Customs offices in the various jurisdictions for further information on regulations and customs duties of specific interest.

14. communications

If You wish to contact us for any reason connected with these terms, you may do so through the contacts listed in art. 1.4.

15. INFORMATION ON THE TREATMENT OF PERSONAL DATA.

15.1 we respect the applicable law on the protection of personal data (and in particular the Legislative Decree June 30, 2003, n. 196) and we will use the information that personally identifies or can identify you personally ("personally identifiable information"), only in accordance with the provisions of our Privacy Policy, available at the following web page ("Privacy Policy"). By providing us with your personal information, you acknowledge that such data will be processed in order to execute your order and for the purposes specified in the Privacy Policy.