Contractual terms and conditions

General Provisions

The user navigating in this area accesses the e-commerce page of the company Digi Project

s.n.c. di Mariani Daniele e Giulia. These General Conditions of Sale must be clearly and unequivocally considered valid for all services belonging to the domain digiproject.biz including the domain: shop.digiproject.biz. The navigation and the transmission of a purchase order on the website imply the acceptance of the Conditions and Policies of Data Protection adopted by the site itself indicated therein.

These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the Digi Project s.n.c. di Mariani Daniele e Giulia website in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by:

Digi Project s.n.c. di Mariani Daniele e Giulia

Legal and operational headquarters: Via Aldo Moro 25, 46020 Pegognaga (MN) Italy Registered with the Chamber of Commerce of Mantua REA number: MN-225990 VAT NUMBER: IT02123990208

Before accessing the products provided by the website, the user must read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.

The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which are considered by Digi Project s.n.c. to be unilaterally changeable without prior notice.

It is possible to purchase products on the e-commerce site ONLY IN ENGLISH. The section in ITALIAN only sells articles for Italy.

Object

These General Conditions of Sale regulate the offer, transmission and acceptance of purchase orders for products on Digi Project s.n.c. di Mariani Daniele e Giulia’s e-commerce website. They do not regulate, however, the provision of services or sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.

Before placing orders and purchasing products and services from other parties, we suggest that you check their terms and conditions of sale and if you have any further questions contact us at info@digiproject.biz.

Conclusion of the contract

In order to purchase a product via our e-commerce site, you will need to place the desired product and/or products in your shopping cart by clicking on the “purchase” button.

**Before proceeding to click on “purchase”, select the type of VAT RATE. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. The order details can be changed before payment in electronic format.

The purchase procedure contains: the General Terms and Conditions of Sale, images of each product and the relative price, the means of payment that can be used, the delivery methods for the purchased products and the relative shipping and delivery costs if applicable, a reference to the conditions for exercising the right of withdrawal, and the methods and times for returning the purchased products. Should any of the following references be totally or partially missing, it is the Purchaser’s duty to consult the appropriate sections of the website containing such information.

With the conclusion of the purchase contract, the following General Terms and Conditions of Sale, including the information on the right of withdrawal and the processing of personal data, are meant to have been read, understood and accepted.

The contract is concluded when the seller receives from Digi Project s.n.c. e-commerce a confirmation in electronic format that attests to the processing of the order, after verification by the company of the correctness of the data contained.

The order confirmation issued automatically by the e-Commerce portal to the customer as soon as the purchase process is completed is NOT sufficient to ensure that the order is accepted and the contract is binding. If the order is rejected for logistical or internal reasons to Digi Project s.n.c., any amount paid by the customer will be refunded no later than

15 working days.

The buyer will be obliged to pay the price from the moment the online order process is completed. This will be done by clicking on the confirmation button located in the “Checkout” section at the end of the purchase guided procedure.

Once received notice via e-mail of the start of the order processing, together with the verification by the operators of Digi Project s.n.c. of the validity of the order received, the Customer will be bound to the Purchase Agreement agreed between the parties.

By accepting these terms and conditions of sale, the Customer declares that he/she is aware of it and accepts the fact that the mere fact of sending an electronic order to Digi Project s.n.c. does not create any contractual obligation towards Digi Project s.n.c. until the moment the order is accepted.

Acceptance of the order is declared to the customer by means of an e-mail message informing him/her of the verification of his/her order and the start of warehouse processing of the order.

Availability of Products

Product availability refers to the actual availability at the time the purchaser places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of several users on the site, the products may be sold to other customers before the order is confirmed.

Even after the order confirmation e-mail has been sent, there may be cases of partial or total unavailability of goods. In this eventuality, the order will be automatically rectified by eliminating the unavailable product and the purchaser will be informed immediately by e-mail.

If the purchaser requests the cancellation of the order, terminating the contract, Digi Project

s.n.c. di Mariani Daniele e Giulia will reimburse the amount paid within 14 days from the moment in which Digi Project s.n.c. di Mariani Daniele e Giulia became aware of the purchaser’s decision to terminate the contract.

Offered Products

Digi Project s.n.c. di Mariani Daniele e Giulia produces and markets: Medical devices Class 1, accessibility aids and related accessories. The offer is detailed in the “Products” category of the website: www.shop.digiproject.biz

Payment methods

The payment methods available are expressly indicated on the website. The customer shall choose the method of payment when confirming the order.

Currently available modes are:

bank transfer, credit cards, PayPal and cash on delivery. For cash on delivery shipments, 15.00 will be charged.

Prices

The prices of the products on the site include VAT.

In addition, there is the possibility of purchasing with 22% VAT or 4% VAT, with supporting documentation.

Sales prices may change at any time due to increases, promotions or periodic discounts decided by the company. Changes do not apply to orders for which an order confirmation has already been sent.

Freight costs are included for all domestic shipments, excluding shipments to islands, requests for advance notice by telephone and for tail lift to unload goods at destination.

For some uncomfortable locations, couriers apply additional costs. If during the insertion of your order, the destination location falls within the surcharge, Digi Project s.n.c. reserves the right to contact you to communicate the surcharge or evaluate an alternative shipment.

The price of the products will be the one indicated from time to time on the site unless there is an obvious error. In case of error, Digi Project s.n.c. will notify the buyer as soon as possible allowing the confirmation of the order to the right amount or its cancellation. In any case, Digi Project s.n.c. will not be obliged to supply what has been sold at the lower price erroneously indicated.

Packaging

The packaging used by Digi Project s.n.c. follows the regulations in force in our country in terms of respect for the environment. All our products have customised packaging. In the case of portable lifts for access to swimming pools, the packaging is equipped with special wooden ramps to unload the lift in a safe and practical manner.

We would like to point out that if you receive goods with damaged packaging, you MUST ask the carrier to accept the goods WITH RESERVE. In addition, we ask you to take photos of

the broken, damaged or non-conforming packaging and then send them to our e-mail address:

info@digiproject.biz

Delivery

Digi Project s.n.c. ships ONLY within Europe, unless otherwise agreed with the buyer. For further information please send an e-mail to the following address: info@digiproject.biz

The date of order processing will be indicated in the order confirmation you will receive on your e-mail address. The order processing time ranges from a minimum of 7 working days to a maximum of 30 days (in exceptional cases).

The products ordered will be delivered by our forwarding agent to the address you have indicated in your order. Delivery times of forwarding agents may vary, depending on:

  • High seasonality periods (August and December)
  • Freight forwarder problems
  • Destination addresses in disadvantaged places.

If delivery is not possible, the order shall be subject to the procedures of the carrier in charge. If delivery cannot take place for reasons beyond our control after 30 days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract. As a result of the termination, the amounts will be refunded, including the costs of delivery with the exclusion of any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 20 days from the date of termination. The transport resulting from the termination of the contract may have additional costs which shall be borne by the purchaser.

Digi Project s.n.c. is constantly striving to improve and guarantee its delivery services in the shortest possible time.

However, in a small percentage of cases there are logistical, transport or stock availability issues, so delivery can be subject to variable delays.

The customer shall in any case be kept constantly informed of the status of his order and in any case the maximum limit for delivery of 30 days shall remain valid, except as provided in the following paragraph:

If an external manufacturer or supplier involved in the order notifies Digi Project

s.n.c. a variation in the delivery times foreseen for the product ordered by the Customer after receipt of the order confirmation or the order processing procedure or relative payments, the customer will be contacted promptly to be informed of the new delivery methods and times or cancel the order and proceed to refund the amount previously paid, excluding any external commissions withheld by the payment circuit (e.g. PayPal).

Passage of risk

The risks relating to the products shall be borne by the purchaser from the time of delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all amounts due in respect thereof, including shipping costs if any, or upon delivery if any.

By concluding the purchase procedure and accepting the General Conditions of Sale, the Customer also declares that he/she is a qualified operator for the use of the purchased products, should they be part of the order placed.

Warranty and commercial compliance

All products sold by Digi Project s.n.c. are covered by a 24-month warranty, as per European regulations. The warranty on batteries or electrical components is 6 months from the date of order processing/invoicing.

Product warranties are not recognised in the event of faults, incorrect use or lack of proper maintenance.

Digi Project s.n.c. is responsible for any factory defect, including non-conformity of items produced or resold on the following e-commerce site. Notice of defects must be given within, and no later than, 10 days from the actual date of receipt of the goods at destination.

The purchaser must make a formal complaint regarding these defects to the following e-mail address: info@digiproject.biz All products are shipped to the client with a user and maintenance manual or a certificate of origin a declaration of conformity of the same. In the event of non-conformity, the purchaser who has entered into the contract as a consumer shall be entitled to have the products restored to conformity at no additional cost by repair or replacement.

Product not available

If, for failure to update the e-commerce, the product ordered is no longer available from the manufacturer and therefore the card of the product desired by the customer reported an indication regarding the replacement of that product with another product, at the time of the order Digi Project s.n.c. will consider manifested will of the customer’s decision to purchase the replacement product. If the amount between the desired product and the replacement product involves a difference in price, Digi Project s.n.c. will contact the customer personally to submit the difference in price as a new amount to be paid, without prejudice to the right of the customer to request the cancellation of your order and the consequent return of what was previously paid, without any kind of penalty.

Right of withdrawal

In accordance with the provisions of the law, all consumers who have purchased from www.shop.digiproject.biz have the right to withdraw from the contract without penalty and without specific reason. It is therefore possible to return the product(s) purchased and obtain reimbursement of the expenses incurred, within the term of 14 days pursuant to article 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.

The products must be returned, at your expense and with packaging in compliance with the shipment, within 10 days of acceptance of the request for return by Digi Project s.n.c..

The refund of the sum relating to the returned products will be made by bank transfer or PayPal within 30 days from the date of receipt of the return, after checking the condition of the goods. The purchaser who intends to exercise the right of withdrawal must communicate it to Digi Project s.n.c. through an explicit declaration, which can be sent by registered letter with return receipt or by e-mail to the following addresses: info@pec.digiproject.biz or info@digiproject.biz In the event that the purchaser claims the non-recognition of the right of withdrawal by Digi Project s.n.c., due to non-receipt of the notice of withdrawal, the burden of proof will be on the purchaser to prove that he has fulfilled it.

The goods must be returned / redelivered to the following address:

Digi Project s.n.c. di Mariani Daniele e Giulia

Via Aldo Moro 25, 46020 Pegognaga (MN)Italy

The goods must be returned undamaged, in their original packaging, complete in all their parts and with the accompanying tax documentation. Shipping costs are excluded from the refund. By accepting these conditions of sale, the Customer also assumes the responsibility to compensate Digi Project s.n.c. for any business and management costs related to the returned goods.

The right of withdrawal may be exercised in relation to any product purchased from Digi Project s.n.c., with the exception of:

  1. Tailor-made or clearly customised products;
  2. Sealed products that are not suitable for return for reasons of hygiene or health protection and that have been opened after delivery or in the case of products that are, after delivery, inseparably mixed with other goods;
  3. Products whose nature is primarily aimed at a specific and minority target group of individuals and/or applications, making them difficult to market, such as custom-made products

for significant heights or body weights.

We will not accept returned packages for which the transport costs have not been paid. All risks associated with the return of products shall be borne by the Buyer. The Buyer shall be liable for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.

The purchaser who intends to exercise his/her right of withdrawal, must provide the following bank details: IBAN, SWIFT and BIC necessary to carry out the refund. In the event of additional fees or commissions retained by the payment system chosen (e.g. PayPal fee on each transaction) Digi Project s.n.c. will not be required to cover at its own expense these not collected amounts.

Data processing

By using the website, the user authorises the processing of his/her personal data. The owner and person responsible for data processing is Digi Project s.n.c. di Mariani Daniele e Giulia.

The data is processed manually and electronically, using computer tools and supports to ensure the security and confidentiality of the data.

The information stored is protected against unauthorised access. We process the data provided by users in relation to purchase orders, payments (which can

contain name, address, contact details), IP address, all other data provided.

The provision of data and consent to the processing of data for the objective of the contract purpose, i.e. the execution of the order and the related payment, is necessary for the conclusion and execution of the contract. Therefore, the refusal to provide such data or to consent to its processing makes it impossible for the user to purchase the products and services offered.

The provision of data and consent to its processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to consent to its processing may result in the impossibility for the user to receive such further services. You may at any time request the modification or deletion of your personal data.

The data collected will not be passed on to third parties. Some data may be communicated to our business partners to ensure the proper processing of orders (such as shippers, couriers, etc. ..). At the first visit the user authorizes the use of identification codes c.d. cookies, i.e. small files sent by its internet server and recorded on the hard drive of the user’s computer. The hard disk collects information on the user’s language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user’s browser type. READ MORE

Partial disability

If one or more of the clauses of the General Terms and Conditions of Sale is found to be invalid or is declared invalid by law, regulation or by a final judgment, all other clauses shall remain in full force and effect.

Competent Jurisdiction

These General Conditions of Sale and all other information presented to the Buyer form an integral part of the contractual relationship between the Parties. In the event of any discrepancy between the aforementioned documents, the General Conditions of Sale shall prevail.

All relations of a contractual nature between Digi Project s.n.c. and the buyer are governed by Italian law. Any action or claim relating to the use of the site will be the responsibility of the Court of Mantua (MN).

Contact

Any requests for information may be sent by e-mail to the following addresses:

info@digiproject.biz (general information)

amministrazione@digiproject.biz (administration) commerciale@digiproject.biz (marketing department) or by phone at the following number: +39 0376550224

Certified e-mail address:info@pec.digiproject.biz

or by going to the legal and operational headquarters of Digi Project s.n.c. located in: Via Aldo Moro 25,

46020 Pegognaga (MN) Italy

These terms and conditions were drawn up on 01 July 2018. Digi Project s.n.c. di Mariani Daniele e Giulia,

The information on the site Digi Project s.n.c. about medical devices do not have any advertising nature and are reserved for health professionals. All content, in any form (text, images, including photographs, technical descriptions and not, etc..), are exclusively informative and functional to the mere knowledge by the potential customer, in the pre-purchase phase, any element and / or feature relating to products sold online. The above is to protect the consumer and in compliance with current legislation.

Images may differ from the product.

VAT NO.: 02123990208