General Terms of Sale

Terms and Conditions

Last updated: January 18, 2018

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.heart-sound.com website (the “Service”) operated by Heart Sound Italy S.r.l. (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Please read carefully the hereby General Terms of Agreement before performing any purchase whatsoever.By making any purchase you shall fully accept these Terms and Conditions of Sale.

 

1 – OUR CONTRACT

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Your order will then be considered as a purchase of your contract proposal addressed to Heart-Sound for the listed products, each considered individually.

Upon receipt of your order, we’ll send you an e-mail to confirm the processing of the order (“Order receipt confirmation E-mail”) which, however, does not constitute acceptance of your purchase bid.

In fact, by sending such confirmation E-mail, we shall only confirm that we have received the order and will be submitting it to the data and products availability verifying process.

The sale agreement with Heart-Sound Italy Srl will only be settled when you’ll receive a separate e-mail in which we accept your purchase bid and which contains also information about the shipment and the estimated date of delivery (“Delivery Confirmation Email”). Should your order be processed by more than one shipment, you may receive a Separate Delivery Confirmation Email.

You can freely cancel your order before you receive our shipment confirmation email, provided that the order has not been prepared for the shipping process yet. In this case, you will not be charged any costs.

Either party shall be entitled to withdraw from the terms and conditions as described in the art. 2.

All orders placed on the site must comply with the normal consumption requirements. This requirement is applicable in relation to the number of products purchased in a single order, in case of a multiple order relating to the same product, as well as in the case in which each order contains a quantity of products corresponding to the normal consumption requirements.

Please check the Order Confirmation and promptly notify us any error by writing to [email protected]

Otherwise, the information enclosed in the Order Confirmation will apply to the Contract.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

2 – RIGHT TO WITHDRAW

The return policy made by Heart-Sound allows you to withdraw from the sales contract without specifying the reason until the end of thirty (30) calendar days from the date of delivery of the goods unless the right of withdrawal is excluded by applicable legislation.

You can check the cases in which the withdrawal is excluded by visiting the page Right to withdraw

In case of exercising the right to withdraw in accordance to what prescribed herein, you will be entitled to obtain a refund of the price paid for the purchase of the product being returned.

If you decide to withdraw from the sales contract within ten working days from the date of delivery of the products, you will be returned, in addition to the price paid for the purchase of the product, the shipping charges incurred by you in order to receive that product.

To exercise the right to withdraw, you must send a notice by writing an email to [email protected] and, at the same time, return the product by following the instructions described on page Make a return.

Everything must follow the terms indicated above.

In case the right to withdraw is excluded under the rules applicable to remote contracts, you cannot exercise the rights referred to in this article.

 

3 – PRICES AND AVAILABILITY

All prices clearly indicated on the website are inclusive of VAT pursuant to applicable law except where otherwise stated.

Information about the products we sell is listed on the site, as well as on the presentation page of each product.

In addition to the information provided on this page or elsewhere on the site, we are not able to give more precise information about the availability of products.

Please note that the estimated time to dispatch and deliver products is only a guide and you can not completely rely on this information.

Once we receive your order, we will notify you by e-mail if some of the products you ordered are not available.

The information relating price and availability listed on the site Heart-Sound.com is subject to change without giving any notice.

Although all our efforts, we cannot exclude that our catalog mistakenly indicates a price different from the actual one.

In all cases, we will check the accuracy of the prices of the products during the process of verifying the order and subsequent delivery of the products.

If due to misunderstanding or other problems, the price displayed on the website is lower than the correct price for the sale of a product, we will contact you to verify if you wish to proceed with the purchase at the correct price. Otherwise, your order will not be accepted.

If the correct price of a product is lower than what stated on the website, we’ll only charge you the correct lower price and we will send you the product anyway.

 

4 – WARRANTIES OF PRODUCTS SOLD BY HEART-SOUND AND LIMITATIONS OF LIABILITY

The warranty system on products sold by Heart-Sound.com differs depending on whether the buyer is a “consumer” or “professional” according to the European Directive 1999/44/EC concerning “certain aspects of contracts of sale and warranties relating to consumption goods”.

If you buy as a “professional” with VAT you have the right to a 12 month warranty period.

If you buy as a “consumer”, you benefit from the legal conformity warranty of the product to which the seller is obliged by law on all goods sold (“legal warranty”).

The Legal Warranty – to which Heart Sound.com must abide by as seller – guarantees the product from any conformity defect in accordance with the sale contract.

Pursuant to the law, in the event of applicability of the legal warranty, you will be entitled to a free of charge refund of the conformity of the product by repair or replacement, or, if this is not possible, you will be given a reduction on the purchasing price or you may withdraw from the contract.

Heart-Sound.com is liable for any lack of conformity if this occurs within a period of two years from the date of delivery of the product.

You will still have the encumber to communicate the lack of conformity within two months of its discovery.

You can find more information on the operating rules and operation of the legal warranty, by visiting the Legal Warranty page.

In the event that a defect of conformity on products purchased from Heart-Sound.com during the period of validity of the legal warranty, please contact our Customer Service at [email protected]

To the extent permitted by law, Heart-Sound.com disclaims any liability in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy.

Also, we will not be responsible in case of non-substantive differences between the purchased product and their images and explanatory text descriptions posted on our website.

Except in the case of willful misconduct or gross negligence, we are solely responsible for any direct and foreseeable defect at the time of the conclusion of the sale contract. We will not be liable for any loss suffered, for any loss of profit or any other damage which is not a direct consequence of our non-fulfillment or for anything which was not foreseeable at the time of conclusion of the sale contract.

 

5 – CUSTOMS

If the products ordered at Heart-Sound.com were to be delivered outside Italy, it may be that these are subject to import duties and taxes, payable once the package reaches the specified destination.

The recipient of the shipment is the importer of the products into the country of destination and will be responsible for all import costs.

We have no control over these charges and cannot predict their amount.

Any shipping costs, which amount may vary depending on the method of delivery requested, will be on your charges.

Customs policies vary widely from country to country and you should, therefore, contact your local customs office for further information. Please keep in mind that, when you place orders on the website, you are considered as an importer and you are therefore required to conform to all the laws and regulations of the country where you will receive the product.

Your privacy is important to us and we know that you really appreciate the way the information about your order is handled and shared. We would like our international customers and customers who ship products abroad to be aware that cross-border deliveries are subject to opening and inspection of the product by the customs authorities.

 

 6 – CHANGES TO THE GENERAL SALES CONDITIONS

This Agreement may be amended at any time, we reserve the right to modify the website, policies and these Terms and Conditions at any time to offer new products or services, that is to comply to the law or other regulations.

You will be subject to the policies and terms of the General Sales Conditions in force at the time when you order products from us, unless any change to those policies or to such terms are not required by the applicable law or by the competent authorities (in which case, these will also apply to the orders you have previously made.)

Each amendment will be effective immediately after having posted the modified agreement. By accessing the Website and its use you accept to periodically check this Agreement and to abide by any subsequent amendment.

 

7 – CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

8 – INTELLECTUAL PROPERTY

The Service and its original content, features, and functionality are and will remain the exclusive property of Heart Sound Italy S.r.l. and its licensors. The Service is protected by copyright, trademark, and other laws of both Italy and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Heart Sound Italy S.r.l.

 

9 – AVAILABILITY, ERRORS, AND INACCURACIES

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

10 – LIMITATION OF LIABILITY

In no event shall Heart Sound Italy S.r.l., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

11 – DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Heart Sound Italy S.r.l. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

12 – LINKS TO THIRD PARTY SITES

The links enclosed in the Website may allow you to access other sites. These linked sites are not under the control of Heart-Sound.com  and therefore the latter cannot be held responsible for the contents of any linked site.

 

13 – CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

14 – GOVERNING LAW AND JURISDICTION

Any dispute regarding the application, execution, interpretation, and breach of contract between the Customer and Heart-Sound.com, is subject to the Italian law and in particular by the provisions of the Legislative Decree dated 6 September 2005, n. 206 of the Consumer Code, in accordance with Article 7 of the Law dated 29 July 2003 no. 229.

It is expressly excluded the application of the United Nations Convention on Contracts for the International Sale of Goods.

In addition, you agree, and we accept from our side, to submit to the non-exclusive jurisdiction of the Courts of the City of Verona.

As a consumer, you can act in front of the Court of the City of Verona or of a Member State of the European Union in which you are resident or domiciled for further proceedings in connection with these Sales Conditions.

If the domicile of the customer or his residence is not within the Italian territory, the competent court which is chosen is one of the executions of the contract.

In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.

 

15 – OUR CONTACTS

Heart-Sound.com is the trading name of Heart-Sound Italy Srl.

Our Contacts are:

 

HEART SOUND ITALY S.R.L.

Legal Entity: Via Augusto Righi, 7-37135-Verona

[email protected]

C.F. e P.IVA N° 04186250231

N° R.E.A. 399390

Cap. Soc. € 10.000 i. v.