Terms and Conditions

TERMS AND CONDITIONS OF ONLINE PURCHASES AND SHIPPING INFORMATION

• 1 General provisions

Browsing this area, the user accesses Pessario, a website owned by for.me.sa srl (pessario.it). Browsing and sending a purchase order on the website shall entail acceptance of the Terms and Conditions and of the Data Protection Policies adopted and published on the website.

These General Terms and Conditions of Sale shall apply to the sale of products exclusively as regards the purchases made on the Pessario website in compliance with the provisions laid down in Part III, Title III, Chapter I of the Italian Consumer Protection Code (Italian Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) from:

Before accessing the products supplied by the website, the user shall read these General Terms and Conditions of Sale, which shall be deemed generally and undeniably accepted when any purchase is made.

The user is invited to download and print out a copy of the purchase form and of these General Terms and Conditions, which Now Watches shall be entitled to change unilaterally and with no obligation to give prior notice.

This website can be used and, therefore, the products it supplies can be viewed and purchased in the following two languages:

Italian and English

• • 2 Subject-matter

These General Terms and Conditions of Sale govern the supply of products and the sending and acceptance of purchase orders for products on Now Watches. Conversely, these General Terms and Conditions do not govern any provision of services or sale of products by any party other than the seller which may be present on the website via links, banners or other hyperlinks.

Before sending any orders to and purchasing any products and services from other parties, we suggest that you check their terms and conditions of sale.

• • 3 Contract finalization

In order to finalize the purchase contract, you must fill in the: Invoicing Data electronic form and send it following the related instructions.

The form makes reference to the General Terms and Conditions of Sale, contains the images of each product and the related price, the payment methods that can be used, the delivery terms of the purchased products and the related shipping and delivery costs, the reference to the terms and conditions to exercise your right of withdrawal; methods and timeframe for returning purchased products.

Before finalizing the contract, you will be asked to confirm that you read the General Terms and Conditions of Sale including the information on your right of withdrawal and on the processing of your personal data.

The contract is entered into when the seller receives the Invoicing Data, after verifying that the data contained therein are correct.

The purchaser shall have the obligation to pay the price as of the completion of the online order sending procedure. It can be completed clicking the button: Order Now at the end of the guided procedure.

After finalizing the contract, the seller takes on the order to process it.

• • Registered users

By completing the registration procedures, the user undertakes to follow the instructions given on the website and to provide his or her personal data correctly and truthfully.

In any case, confirmation shall relieve For.me.sa srl from any and all liability for the data provided by the user. The user undertakes to inform the company without delay of any change in his or her personal data as provided at any time.

In the event the user provides inaccurate or incomplete data or in the event of any complaints filed by data subjects concerning the payments made, For.me.sa shall be entitled not to activate or to suspend the service until the related shortcomings or faults are remedied.

Upon the first request for creating an account made by the user, for.me.sa will assign a username and a password to the user. The user hereby acknowledges that said identifiers make up the system of validation of the user’s logins to the Services and the only system that is fit to identify the user and that all transactions made via his or her login credentials shall be attributed to the user and shall be binding on him or her.

The user undertakes to keep his or her login credentials secret, to keep them with all appropriate care and diligence and not to give them to any third party, not even temporarily.

• • 5 Product availability

Product availability means the actual availability of the products at the time when the purchaser makes his or her order. In any case, availability must be considered as an indication only, because several users may be on the website at the same time and, therefore, the products may be sold to other customers before your order is confirmed.

Also after sending the order confirmation e-mail, the ordered products may be partially or totally unavailable. That being the case, the order will be automatically adjusted removing the unavailable product, with immediate notification to the purchaser via e-mail.

If the purchaser requests cancellation of the order, terminating the contract, for.me.sa shall refund the paid amount within 14 days of the date on which for.me.sa is informed of the purchaser’s decision to terminate the contract.

• • 6 Offered products

For.me.sa. sells:

Medical devices

The products are set out on https://pessario.it/shop/

• • 7 Payment methods and prices

The product prices shall be those given on the website at the relevant time, except in case of any blatant mistake.

In case of any mistake, for.me.sa. will inform the purchaser as soon as possible, giving the purchaser the option to confirm the order at the correct price or to cancel it. In any case per for.me.sa shall be under no obligation to supply the sold items at any lower price given on the website by mistake.

The prices given on the website include VAT but do not include shipping expenses. The prices may change at any time. Said changes shall not apply to orders that have already been confirmed.

Once you select the products to buy they will be added to your cart. The only thing you have to do is following the instructions for their purchase, entering or verifying the requested information at each step in the process. The order details can be changed before payment.

Payment can be made by: PayPal, Credit cards. The accepted credit cards are:

Visa, Maestro, Carta Aura, MasterCard, American Express, Discover.

• • 8 Delivery

For.me.sa ships its products to the following geographical areas: Italy and the European Union

For.me.sa does not ship its products to any providers of registered business address or mail forwarding services.

Delivery is made in accordance with the Invoicing Data by the date given therein, if no delivery date is specified, within the term estimated in the delivery method selection and, in any case, within no more than 8 days of the confirmation date.

Should delivery be impossible, the order will be sent to the undelivered products warehouse. That being the case, a notice will specify the place where the ordered products are and the methods whereby a new delivery date can be agreed.

Should you be unable to be at the delivery place at the set hour, please contact us again to arrange for a new delivery date.

If delivery cannot be made for causes not attributable to us, after 14 days of the date on which the order is available for delivery we shall assume that you intend to terminate the contract.

As a consequence of termination, the amounts paid shall be refunded, including delivery costs except for any additional costs resulting from the choice of a different delivery method from the standard one proposed without undue delay and, in any case, within 14 days of the contract termination date. Transportation resulting from contract termination may have additional costs, which shall be paid for by the purchaser.

Shipping expenses shall be paid for by the purchaser and will be explicitly set out when the order is being made.

• • 9 Transfer of risk

The risks associated with the products shall be transferred to the purchaser as of their delivery. The ownership of the products shall be deemed to have been acquired as soon as full payment is received of all due amounts for the products, including shipping expenses, or upon delivery, if delivery is made later on.

• • 10 Warranty and trade compliance

The seller shall be responsible and liable for any defects in the products sold through the website, including noncompliance of the items sent with the ordered products, pursuant to the applicable Italian legislation.

If the purchaser entered into the contract as a consumer, i.e. any natural person making transactions on the website for purposes not concerning his or her business or profession, this warranty shall be valid upon condition that the defect is detected within 24 months of the product delivery date; that the purchaser lodges a formal complaint about the found defects within no more than 2 months of the date on which the defect was detected by the purchaser; that the online return form is correctly filled in.

In the event of noncompliance, the purchaser that entered into the contract as a consumer shall be entitled to have the products made compliant at no expense, through their repair or replacement, or to obtain an appropriate price reduction or to terminate the contract limited to the non-compliant goods and, therefore, to have the price refunded.

All costs for returning defective products shall be borne by the seller.

• • 11 Withdrawal

In accordance with the applicable legislation, the purchaser shall have the right to withdraw from the purchase with no penalty whatsoever and under no obligation to specify the reason, within 14 days of the date of receipt of the products pursuant to Article 57 of Italian Legislative Decree 206/2005.

In case of several purchases made by the purchaser with one order and delivered separately, the term of 30 days shall start on the date on which the last product is received.

The purchaser that intends to exercise his or her right of withdrawal shall notify for.me.sa. of this with an explicit statement, which may be sent by registered letter with return receipt or through section: Contacts on the Pessario website creating a file.

The purchaser may exercise his or her right of withdrawal also by sending any explicit statement of his or her decision to withdraw from the contract, or, alternatively, by sending the withdrawal form template, given in Annex I, part B, of Italian Legislative Decree 21/2014, which is not mandatory.

The goods may be returned or sent to:

For.me.sa. srl

Via Canvelli 6
43015 Noceto (PR)

The goods shall be returned undamaged, in its original packaging, complete in all its parts and accompanied by the attached tax documents. Without prejudice to the right to verify compliance with the above, the website shall refund the amount paid for the products subject to withdrawal within no more than 14 days.

In accordance with Article 56 paragraph 3 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, the website may suspend refund until receipt of the returned goods or up to receipt of evidence from the purchaser that the goods have been shipped.

The website shall make the refund using the same payment method chosen by the purchaser when the goods were bought. In the event of payment by credit transfer and if the purchaser intends to exercise his or her right of withdrawal, the purchaser shall give the following bank data: IBAN, SWIFT and BIC, which are necessary to make the refund.

• • 12 Data processing

The purchaser’s data will be processed in compliance with the applicable legislation on personal data protection, as specified in the section where the information to data subjects is given in accordance with Article 13 of Italian Legislative Decree of 30 June 2003 (Privacy Policy), as well as with the GDPR 679/16 and with Article 10 of Directive no 95/46/EC.

• • 13 Salvation clause

In the event a clause contained in these General Terms and Conditions of Sale should be held as null and void for any reason whatsoever, this shall in no case affect the validity and obligation to comply with the other clauses and provisions laid down in these General Terms and Conditions of Sale.

• • 14 Contacts

Any and all requests for information can be sent via e-mail to the address info@pessario.it or by regular mail to the address given below:

For.me.sa. srl

Via Canvelli 6
43015 Noceto (PR)

• • 15 Governing law and jurisdiction

These General Terms and Conditions of Sale shall be governed by the Italian law and interpreted in accordance with it, without prejudice to any imperative provision to the contrary in force in the country where the purchaser has his or her habitual residence. Consequently, the interpretation, performance and termination of the General Terms and Conditions of Sale shall be governed exclusively by the Italian law and the Italian courts shall have exclusive competent jurisdiction on any and all disputes arising from and/or regarding said interpretation, performance and termination. Specifically, if the purchaser qualifies as a Consumer, any disputes shall be resolved by the court having jurisdiction on the place where the purchaser has his or her residence based on the governing law.

• 16 Customs Duties

Any customs duties or other customs charges are not included in the order amounts. For.me.sa. does not accept any responsibility for any customs detentions (inspections or other) and relevant costs that may be charged to the customer.

These terms and conditions were drawn up on 30 January 2019