Legal notice

1. Definitions

2. Object

3. Orders - user registration, product availability and conclusion of the contract

4. Prices

5. Payments - modalities and retention of title

6. Shipping, delivery of products and passing of risk

7. Traceability and post-sale surveillance

8. Withdrawal

9. Warranty for defects and commercial compliance

10. Returns and Refunds

11. Termination of the contract

12. Responsibility of the user (including no modifications and use of the trademark)

13. Applicable law and competent court

14. Use of personal data and protection of privacy

15. Final clauses (with, contacts, changes to new products / products and acceptance of the general terms and conditions and safeguard clause)

1. Definitions

For the purposes of these General Conditions of Sale (hereinafter, for brevity, also "GCS") means:

• "Seller": Mycroclean Srl, with registered office and operational headquarters in Gorgonzola (MI) Via C. Porta nr. 16 - VAT No. 03702820964
• "Customer", the physical or legal entity (consumer or company, including professionals) who purchases Mycroclean production goods from the Seller (hereinafter, for the sake of brevity, also "Products" or in the singular "Product")
• "Contract", the sales contract stipulated between the Seller and the Customer, concerning the purchase, even remotely, of Products, including with the use of the internet, from the site www.mycroclean.com (hereinafter, for the sake of brevity, also "Site")
• "DM": Seller's Products that possess the requisites and / or certifications to be identified as Medical Devices
• "Order": the Customer's contractual proposal which, after a series of checks, is accepted by the Seller
• "Products": goods produced and marketed by Mycroclean Srl
• "Site": the site www.mycroclean.it through which it is possible to obtain technical and commercial information on the Products and to register and send contractual proposals for the purchase of the Products;
• "User" the physical or legal entity (consumer or company, including professionals) who registers on the site and subsequently accesses it with authentication by entering their login credentials (username and password)

2. Object

The subject of these GCS is the sale of Seller Products, the list, purpose, technical description and performance of which, together with the commercial conditions, are expressly indicated on the Site.

The aforementioned technical descriptions also represent the limits within which the Customer can use the product, with particular reference to its safety.

3. Orders - user registration, product availability and conclusion of the contract

The contractual proposals of the Products must be submitted according to the procedure on the Site which requires, primarily, the registration of the User and, subsequently, access with authentication by entering their login credentials (username and password).

User / Customer undertakes to maintain the secrecy of his access data and to keep them with due care and diligence, as well as not to transfer them, even temporarily, to third parties.

After accessing the Site, the User proceeds with the exact compilation of the contract proposal. The conclusion of the Contract takes place only and exclusively when the User is notified of the acceptance of the same by the Seller. Therefore, the Seller is in no way committed following the receipt of the contract proposal by the User.

It is the precise duty of the User, before completing the procedure by sending the contract proposal, to check on the printable summary web page all the data and elements contained therein, including the details of the Seller, the essential characteristics and the price of the Product, the expenses shipping costs and any additional accessory charges, payment methods and terms, delivery methods and terms, the absence, for DM and other goods subject to customization, of the right of withdrawal, as well as the terms of guarantee and the modalities of the same.

User undertakes to comply with the instructions on the Site and to provide their personal data in a correct and truthful manner, totally relieving the Seller of any responsibility regarding the data provided by the User, who undertakes to promptly inform the Seller of any subsequent changes in their data. .

The Site, as already indicated, allows the printing of the User's contract proposal and the latter undertakes to keep this document, also as a .pdf file in addition to any payment receipt, as well as the remaining documentation relating to the order, such as present GCS, viewed and accepted during the registration phase on the Site.

The receipt of the User contract proposal by the Seller will take place by sending an e-mail to the address entered by the User during the registration procedure on the Site.

Once the availability of the Products has been verified, the Seller will proceed to confirm the contractual proposal, accepting the same and, from that moment, considering it as an Order. A specific communication will be sent to the Customer by e-mail, who will have to proceed with the immediate payment of the ordered Products. From the moment the aforementioned communication is sent, any right to revoke or modify the order by the Customer is excluded.

If the payment of a Customer Order does not take place within 2 working days from the Seller's e-mail accepting the contract proposal, the Order will be considered canceled.

If the Seller does not accept the User contract proposal, the latter will be notified.

Seller, for each payment of the Order received, issues appropriate tax documentation (the issuance of pro-forma invoices is excluded) and accompanying or transport documentation. These documents will be produced using the data entered by the User on the Site. After the issue of the invoice, except for errors by the Seller, it will not be possible to make any changes to it.

4. Prices

The sales prices of the Products indicated on the Site are expressed in euros and net of VAT and are valid unless there is a clear error.

In the latter case, if the User has already completed the contract proposal procedure, the Seller will notify the User as soon as possible requesting confirmation of the contractual proposal at the right amount, or the cancellation of the same. The Seller's obligation to supply what is offered for sale at the price incorrectly indicated is excluded.

Prices are subject to change at any time; without prejudice to the inapplicability of cost changes for contractual proposals for which order confirmation has already been sent.

Shipping costs and any additional charges are expressly indicated on the Site and separately displayed on the summary web page of the contract proposal.

The Seller reserves the right to change the prices indicated on the Site at any time and without notice.

5. Payments - modalities and retention of title

Payments can only be made in the manner and within the timescales indicated on the Site, which the Customer declares to know and accept.

The Customer's payment obligations are considered fulfilled when the Seller can definitively dispose of the full value of the Products ordered by the Customer.

The Products remain the property of the Seller until full payment of the relative price.

6. Shipping, delivery of products and passing of risk

The Products purchased through the Site will be delivered by national couriers, to the delivery address indicated by the Customer, only after receipt of full payment, with the exception of any Products delivered cash on delivery.

Delivery times, indicated in working days, must be understood as indicative and never essential.

These delivery times may vary from what is indicated on the Site due to the simultaneous presence on the Site of multiple Users, and the products may be sold to other Customers before the order confirmation received by the individual User.

Further variations of the delivery times indicated may occur both due to the type of Product and the finish ordered, as well as the availability in stock and the state of production at the time of the order, as well as depending on the place of delivery. However, cases of force majeure always remain.

No responsibility can be charged to the Seller for delays in delivery attributable to the courier.

At the time of delivery, the Customer must check the conformity of the Products delivered to those ordered and, in particular, the integrity and absence of external defects. In case of tampering and / or breakage of the packaging, the Customer must accept the goods by affixing on the transport document, or other document having the same function, the words "Accepted subject to verification", describing the anomaly found. If the packaging is damaged to the point of making the Products visible and they are damaged, even in part, the Customer can directly refuse delivery, describing the circumstance verified on the transport document, or other document having the same function. In such cases, the Customer is clearly obliged to notify the Seller without delay, if possible by attaching, in addition to the description of the anomaly, photographic documentation of the packaging and damaged goods.

If an Ex Works delivery is agreed, failure by the Customer to collect the goods within the agreed delivery term will result in storage costs being charged for each day of delay.

The risks relating to the Products are to be considered borne by the Customer from the time of shipment. The ownership of the Products is considered acquired by the Customer as soon as the Seller has received full payment of all amounts due in relation to the same, including shipping costs.

7. Traceability and post-sale surveillance

Where the Products purchased by the Customer are identified as DM, in order to meet the requirements set by the current legislation on Medical Devices (European Directive 93/42 / EEC - Legislative Decree No. 46 of 24/02/97), relating to post-sales surveillance , the Customer acting as distributor of the Products has the obligation to ensure the traceability of the medical devices, using the same criteria applied by the Seller (identification of the end user, serial number or lot, assigned sales code).

The name of the final customer must be received already at the time of issuing the order and, if this is not possible, as an order for warehouse stock, the distributor will be obliged to maintain traceability and provide it to the Seller and / or to the Competent Authorities (Ministry della Salute), if requested.

Furthermore, the distributor is obliged to guarantee the conservation of these records for a period of at least ten years from the date of distribution of the serial number / lot itself and must notify the Seller if the device is lost, stolen, destroyed or donated.

8. Withdrawal and termination

Pursuant to the legal provisions in force, the Customer has the right to withdraw from the purchase of the Products without any penalty and without specifying the reason, within the term of 14 days, pursuant to art. 57 of Legislative Decree 206/2005, starting from the date of receipt of the products.

Before the expiration of the withdrawal period, the Customer will notify the Seller of his decision to exercise the indicated right by registered letter with return receipt, sent in advance by e-mail to the address indicated on the Site. The withdrawal notice must specify the order, the invoice number, the code, the Product and / or the quantity of the Products for which the right of withdrawal is to be exercised.

In case of exercise of the right of withdrawal, the Seller will reject any unpackaged Product, missing the external packaging and / or the original internal packaging, or of integral elements of the Product or in any case returned in ways other than those specified above, as well as the Products. for which the return costs have not already been fully paid by the Customer.

Pursuant to art. 47 of the Consumer Code - Legislative Decree 2006/2005, the right of withdrawal cannot be exercised if the Products fall within the definition of Medical Devices.

The right of withdrawal is also excluded in the cases provided for by art. 59 of the aforementioned Consumer Code.

The Seller has the right to cancel the order, in addition to the cases expressly provided for by current legislation, even in the event that the Customer fails to pay within the established deadline.

The Customer has no right to compensate for any claims against the Seller also deriving from any returns of material under warranty.

9. warranty for defects and commercial compliance

The Products purchased are subject to the ex lege guarantee provided. The Customer is required to report and document immediately and, in any case, within the legal term of 8 (eight) days, any apparent defects found on the Products.

Dimensions and other physical characteristics are subject to normal commercial tolerances.

If the defects were found at the time of delivery, the rules of conduct indicated in art. 6 of these GCS.

The Seller, having received the documentation relating to the defects of the Products, having ascertained the same as such, will agree with the Customer the methods of returning the Products, which must be returned in the original packaging, complete with all their parts (including packaging, internal and external protections , and accessory equipment). The Customer undertakes to comply with all the procedures indicated by the Seller and to bear the costs of transport to the Seller's headquarters, as well as the associated risks.

In case of non-compliance, the Customer who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products free of charge, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in relation to to the disputed goods and the consequent refund of the price.

All return costs for defective products will be borne by the Seller.

In the event that the Seller is unable to restore or replace the Product under warranty, the latter may be replaced by another Product with equal or superior characteristics.

The warranty is void and any compensation by the Seller is excluded in the event of improper use of the Product, including failure to comply with the washing procedures, as well as for repairs or modifications of any nature carried out on the Products, without the express consent of the Seller.

In any case, the Seller's civil liability for violation of contractual or pre-contractual obligations is excluded, except in cases of willful misconduct or gross negligence.

Pursuant to, for the purposes and within the limits established by art. 1229 of the Civil Code, the Seller is not responsible for any direct or indirect damage suffered by the Customer or third parties as a result of the purchase, use (even improper) and / or non-use of the Products, as well as their tampering.

Likewise, the Seller is not responsible for damages, losses and costs incurred by the Customer as a result of the failure or delay in delivery of the Product.

Consequently, the Seller is not liable for damages that have not arisen directly on the object of the supply.

10. Responsibility of the user

Customer is solely responsible for the choice of the Product and its use.

It is also the Customer's responsibility to verify the suitability of the Product for the intended use

No responsibility can be attributed to the Seller for damages of any nature arising from the use of the product.

The availability of technical and scientific information to support the Customer and present on the Site does not exempt the Customer and / or the end user from the obligation to personally verify the suitability of the Product for the purpose and for the procedures envisaged.

Customer acknowledges that Seller's Products may be patented; In any case, the Seller is the exclusive owner of the relative copyright, trademark and industrial rights.

If the Customer is a supplier of third parties, it is his specific obligation to ensure that the Products delivered are complete with all the accessory elements, as well as to deliver the relevant warnings, labels, instructions, manuals, warranty conditions and other useful information accompanying the products themselves.

11. applicable law and competent court

These GCS and the contract for the purchase and sale of Products between Seller and Customers are governed by the rules of Italian law and interpreted on the basis of it.

Consequently, the interpretation, execution and termination of the GCS are subject exclusively to Italian law.

Any disputes relating to and / or consequent to the same must be resolved exclusively by the Italian judicial authority.

The competent court is to be understood as that relating to the Seller's office, unless the Customer holds the status of Consumer; in this case, any disputes must be resolved by the court of the place of domicile or residence of the same.

12. Use of personal data and protection of privacy

By using the Site, the user authorizes the processing of his personal data.

This information is also valid for the purposes of Article 13 of EU Regulation no. 2016/679, concerning the protection of individuals with regard to the processing of personal data as well as the free circulation of such data.

The owner and manager of the treatment is Ms. Milena Baroni and the data will be processed at the Mycroclean Srl headquarters, via… Gorgonzola (MB).

The data is processed electronically, through IT tools and supports designed to ensure the security and confidentiality of the data (the information stored is protected from unauthorized access).

The data provided by the Users processed are those relating to purchase orders, payments, IP address as well as all other data however communicated by the User.

The purpose of using this data is the execution of the purchase order and payments, the communication of the data to third party providers of payment and shipping services; since these data are essential for the conclusion of the contract, for the fulfillment of the order and for the relative payment, the refusal to supply the same or not to give consent to the relative treatment results in the impossibility for the User / Customer purchase the Products.

Seller guarantees that, in compliance with the provisions of the law, the processing of the Customer's personal data takes place in compliance with the fundamental rights and freedoms, as well as the dignity of the interested parties, with particular regard to confidentiality, personal identity and the right to protection. of personal data.

The User is always entitled to have his data updated, rectified, integrated or deleted.

Likewise, the User can also revoke the consent to the processing of their data previously given to the Seller at any time.

All rights provided for by EU Regulation 2016/679 can be exercised by the User, by writing to the following email: info@mycroclean.com.

13. Final clauses

The Seller reserves the right to modify the technical characteristics of the Products at any time and without notice.

The Customer is required to keep a copy, in paper or electronic form, of the GCS valid at the time of signing the distance contract.

Any variation, modification and / or integration of the contractual proposals or orders must be expressly agreed in writing.

By sending the contract proposal electronically, the Customer declares to have read all the information provided to him during the procedure indicated on the Site and to fully and unconditionally accept the GCS.

The Customer acknowledges that the Seller does not consider itself bound to different conditions unless previously agreed in writing.

These conditions of sale apply exclusively to every sale transaction made between Seller and Customer. The seller does not recognize any conditions of the Customer contrary to or different from these conditions of sale, except in the event that the former expressly and in writing approves their application.

The seller has the right to make partial deliveries.

In case of exceeding the deadlines set for delivery, the Seller is authorized to set an adequate extension period. Any right of withdrawal due to delay in deliveries or impossibility of supply is recognized to the Customer only at the end of the established extension. The same right exists, in any case, only with respect to the goods not supplied. Compensation rights of the buyer for delay in deliveries or impossibility of supply are not allowed unless otherwise provided by law.

Each supply travels at the risk of the Customer, who is responsible for the possible stipulation of an insurance policy to cover transport risks.

Any use other than that stated in the Seller's documentation is configured as "improper use", relieving the Seller of any obligation or liability.

In the event that one of the clauses of these General Conditions of Sale is null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

These GCS repeal and replace any contract, agreement, understanding, negotiation, oral or written, previously intervened between the parties

Although not expressly provided for in the GCS, please refer to the provisions of the Civil Code and other applicable regulations on the subject.

In no case can any non-fulfillment and / or conduct of the Customer different from these GCS be considered as exceptions to the same or tacit acceptance of the non-fulfillment, even if not contested by the Seller. Any inaction by the Seller in exercising or enforcing any right or clause of the GCS does not constitute, nor can it be interpreted as a waiver of such rights or clauses.

Pursuant to and for the purposes of articles. 1341 and 1342 of the Italian Civil Code, the following articles are specifically approved: art. 8. Withdrawal / art. 9. Warranty for defects and commercial conformity / art. 10 - Responsibility of the user.