Terms and conditions of sale

August 2023

Fisiolink Srls, (Tax ID number: 04054810249) (hereinafter “Mobelt“), represented by its legal representative, with registered office in Arzignano (VI), Piazza Campo Marzio, 15, invites the user to carefully and fully read, prior to accessing any service offered by the information society company pursuant to art. 2, paragraph 1, letter a) of the Electronic Commerce Code (“economic activities carried out online”) by Mobelt, as the “service provider” pursuant to art. 2, paragraph 1, letter b) of the Electronic Commerce Code (“the natural or legal person who provides a service of the information society”), within the website www.mobelt.it (hereinafter, the “Site”), these General Conditions of Sale (hereinafter, “GCS”), which govern in full the activity of purchasing (and subsequent management of the relevant purchase order) of goods pursuant to arts. 810, 812, paragraph 3, and 1519 bis, paragraph 2, letter b) of the Italian Civil Code and art. 45, paragraph 1, letter c) of the Consumer Code offered for sale or subject to an invitation to purchase within the e-commerce platform (hereinafter, “Platform”) of the Site. The User may be qualified as:

• “Consumer” pursuant to the combined provisions of art. 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005 (hereinafter, “Consumer Code”) (“the natural person who is acting for purposes unrelated to any business, commercial, craft or profession that he may carry out”) and art. 2, paragraph 1, letter e) of Legislative Decree no. 70 of 9 April 2003 (hereinafter, “Electronic Commerce Code”) (“any natural person who is acting for purposes not related to any commercial, business or professional activity that he may carry out”) (hereinafter, “Consumer User”); or
• “Professional” pursuant to art. 3, paragraph 1, letter c) of the Consumer Code (“the natural or legal person who is acting in the exercise of his business, commercial, craft or profession, or his intermediary”) (hereinafter, “Professional User”). Hereinafter, “Consumer User” and “Professional User” may also be collectively referred to as “User”.

In compliance with Article 12(3) of the Electronic Commerce Code and in accordance with Consideration 18 of EU Regulation 2019/1150, Mobelt hereby communicates, on the one hand, that it makes these General Conditions of Sale (CGV) available to the user in a format that allows for their storage and reproduction and, on the other hand, that they are easily accessible to the user at any stage of their commercial relationship.

Furthermore, Mobelt specifies that the CGV have been drafted in accordance with the requirements and criteria set out in Article 5(3) and Article 9 of the Consumer Code, Article 7 of the Electronic Commerce Code, and Consideration 15 of EU Regulation 2019/1150.

1. Conclusion of the sales contract.

1.1. The purchase of goods published and offered for sale by Mobelt on the Site can be made by both consumer and professional users (with the exception of public administrations).

1.2. In the event that the contract of purchase of goods published and offered for sale by Mobelt on the Site is concluded by a Consumer user, such purchase constitutes a distance sales contract pursuant to Article 45 paragraph 1 letter g) of the Consumer Code (“any contract concluded between the professional and the consumer as part of an organized system for the distance selling of goods or provision of services without the simultaneous physical presence of the professional and the consumer, using exclusively one or more means of distance communication up to and including the conclusion of the contract itself”); conversely, in the event that the contract of purchase of goods published and offered for sale by Mobelt on the Site is concluded by a Professional user, such purchase constitutes a sales contract pursuant to Article 1470 of the Civil Code.

1.3. The sales contract referred to in the previous Article 1.2. is considered perfected following payment, by the user in favor of Mobelt, of the sale price relating to the purchase of one or more ordered goods. In this regard, Mobelt specifies that, at the time of submitting the purchase order by the user, the user must acknowledge that it implies the obligation to pay; furthermore, if the submission of the order implies the obligation to activate a button or similar function, the button or similar function displays, in a easily readable manner, only the words “order with obligation to pay” or an unequivocal corresponding formulation indicating that the submission of the order implies such obligation.

1.4. Following the complete and effective payment by the user of the sale price relating to the purchase of one or more ordered goods, Mobelt will issue, where required by the relevant current legislation, the corresponding accounting and/or tax documentation to the user.

1.5. Hypotheses of temporary inability to access the Site. 2.1. Mobelt undertakes – within the limits of what is possible and with the exception of events directly and/or indirectly attributable to the internet network – to ensure that access to the Site is provided without any interruption and that transmissions take place without errors. In this regard, Mobelt also communicates that access to the Site may occasionally be suspended and/or limited in order to allow for necessary and essential repair, maintenance or introduction of new services and activities without anyone being able to claim anything under any circumstances.

2. Information aimed at concluding the purchase contract.

2.1. In compliance with Articles 7 and 12 of the Electronic Commerce Code and Articles 49 and 51 of the Consumer Code, Mobelt communicates clearly and understandably to the user, before submitting the purchase order and therefore before the user can be bound by a contract of sale, that:

• In order to conclude the contract of sale of goods within the Site, the user must fill out an electronic order and transmit it electronically, using the instructions provided on the Site;
• Before proceeding with the formal transmission of the purchase order, the user has the option and right to identify and correct any errors and/or typos within the purchase order (using the instructions provided), or the user has the right to modify, in whole or in part, the purchase order before its formal and definitive transmission;
• The purchase contract is considered concluded at the moment when the purchase order reaches the server belonging to or attributable (directly and/or indirectly) to Mobelt together with the payment made by credit card; in the case of payment made by bank transfer, the actual accreditation of the amount paid to the Seller’s account will be necessary;
• Before proceeding with the formal and definitive transmission of the purchase order, the user can verify the order summary containing the following information: (i) main characteristics and quantities of the purchased products, (ii) identity and contact details of Mobelt; (iii) the total selling price of the selected good, including any taxes as well as any additional shipping expenses or any other costs, or, in the event that such expenses cannot be reasonably calculated in advance, an indication that such expenses will be charged to the user at a later time; (iv) the selected payment method; (v) the date by which Mobelt undertakes to ship the good.

2.2. In compliance with Article 13 of the Electronic Commerce Code and Article 51, paragraph 7 of the Consumer Code, Mobelt is required to offer the user, without undue delay (at the latest at the time of delivery of the good), and preferably electronically (or in any case on a durable medium), the confirmation of the purchase order received, which will include, in general, the information better illustrated in point d) of the previous article 3.1 of the CGV.

2.3. The user who has registered will have the opportunity to verify the purchase orders made by accessing their personal area within the Site.

3. Information and availability of goods on the Site.

3.1. All goods presented and available on the Site are accompanied by an informative sheet aimed at illustrating the main characteristics of such goods, as well as the information about the updated availability of each item selected by the user. The images of the goods presented and available on the Site reproduce, as faithfully as possible, the characteristics of the goods for sale on the same Site, except for the possible hypothesis that the colors and dimensions of the goods could differ from the real and effective ones due to the settings of the computer systems used by the user to view them. Therefore, it is communicated that, for the correct conclusion of the purchase contract, the user must consider exclusively the description present inside the informative sheet of each item for sale on the Site. Any non-significant aesthetic differences between the image and the real product will not be a just cause for the return of the goods, without prejudice to the consumer’s right provided by the Consumer Code.

3.2. Considering that the Site can be visited simultaneously by several users, it may be possible that, following the simultaneous sending of the purchase order by other users, all or part of the goods chosen by the user are no longer available. In such a case, and in all other cases where, for different reasons, one or more purchased goods are no longer available, Mobelt will promptly notify the user of such an event and offer the following proposals: (i) in case it is possible to restock the item ordered by the user, Mobelt will offer the user an extension of the delivery terms, specifying the new delivery term of the restocked item; (ii) in case it is not possible to restock the item ordered by the user, Mobelt will offer the user the supply of a different item of equivalent or higher value, subject to the obligation, on the user’s part, to pay the related price supplement. In such cases, the User may accept or refuse the offer within and no later than 5 (five) days from the formulation of the proposals. In case of refusal of the alternative offer, the user shall have the right to terminate the contract in relation to the unavailable goods, without prejudice to the right to obtain a refund of the price already paid, by crediting the same means of payment used for the purchase within and no later than 20 (twenty) days.

4. The selling price of each product available on the Site

4.1. The selling price of each product available on the Site is considered as the final price, valid for one unit of product or for a certain quantity of product, inclusive of any applicable VAT or other taxes.

4.2. Mobelt reserves the right to modify the selling price of each product offered for sale on the Site at any time, however, the final price charged to the user will be solely and exclusively the one indicated on the Site at the time the user places the order.

4.3. In the case where a product has been offered for sale at a discounted price on the Site, the corresponding information sheet of the product subject to the discount will indicate the final purchase price, on which the discount applied to it will be indicated and calculated.

5. Method of payment for the purchased good.

5.1. Payment for the purchase price of the product described in the preceding article 5 on the website can be made by the user through the various payment methods indicated in the relevant order form. The payment methods accepted by Mobelt are as follows:

CREDIT CARD: At the time of payment, if you have selected payment by credit card, you will have the option to enter your card details. It will be possible to select the option to remember the card details used for the transaction, for faster future use.

PAYPAL: At the time of payment, if you have selected PayPal, you will be redirected to the PayPal website where you can conveniently make the payment. PayPal will display the payment details and shipping address, as specified at the time of order confirmation. You can also pay with major credit cards on PayPal and it is not mandatory to be registered on PayPal. You can also decide to enter your credit card exclusively for a single order.

6. User registration on the Site – Purchase without registration

6.1. Purchase on the Mobelt website can also be made without registering but by entering an email address to which the order summary information and any other information related to the order will be sent. In this case, by confirming and sending the Order, the User expressly accepts these sales conditions, which will also be sent to them via email, together with the order summary.

6.2 User registration within the Site can only take place by creating their own personal account, after reading and accepting these CGV as well as other documents indicated therein.

6.3. The creation of the user’s personal account allows them to proceed with the purchase, as well as to carry out any additional activities, described below by way of example: (i) where applicable, saving, modifying, and updating their personal data entered; (ii) access to all information related to the forwarded purchase orders, as well as to any related procedure for returning the purchased goods; (iii) where applicable, verification of the updated status of the forwarded purchase order; (iv) where applicable, use of the services present within the Site.

6.4. Mobelt recommends that the user keep and guard with the utmost care, diligence, and confidentiality the credentials necessary to access their personal account: in this regard, the user undertakes to promptly communicate to Mobelt any information regarding any unauthorized use (even potential) of their credentials by unauthorized third parties.

6.5. The user guarantees that the information provided for the creation of their personal account is true and, therefore, undertakes to indemnify Mobelt from any type of liability arising from the violation, by the user and/or any third party, of the registration procedure within the Site, or arising from the improper use of their authentication credentials by unauthorized third parties, or finally, arising from the incorrect and inadequate storage and custody of access credentials to their personal account. Furthermore, the user is required to use the Site in such a way as to not cause, directly or indirectly, any type of damage or malfunction of any kind, as well as in such a way as to not cause any disturbance or harm to the Site and to every registered user of the Site.

6.6. Mobelt reserves the right to suspend (for a determined or undetermined period) or delete the personal account of the user who is directly or indirectly responsible for illegal activities or violations of what is prescribed in these CGV and/or in the other documents indicated on the Site. If such a circumstance occurs, Mobelt undertakes to send a communication to the relevant user informing them of the occurrence of such an event and the related causes that have determined it.

7. Rules of conduct by the user.

7.1. The user is required to not publish (where technically possible to publish content on the Site), within the Site, reviews, communications, comments, or any other type of content that is illegal, obscene, abusive, defamatory towards Mobelt and/or other users or third parties, and is also required to not publish any type of content that may result in a violation of regulations on the protection of personal data of natural persons, a violation of intellectual property laws, or a violation of any other applicable law.

7.2. It is prohibited for the user to use false personal data or data directly or indirectly related to third parties.

7.3. Mobelt reserves the right, at any time, to suspend (for a determined or undetermined period) or delete the personal account of the user who is directly or indirectly responsible for the violations prescribed in the previous articles 8.1. and 8.2. by sending a notice to the user at the contact information provided during registration.

8. Right of withdrawal by the User and methods of exercise.

The conditions for withdrawal provided at the following link apply: RIGHT OF WITHDRAWAL – RETURNS AND REFUNDS.

9. Returns of Defective and Non-Conforming Products.

The conditions for returns and refunds provided at the following link apply: RIGHT OF WITHDRAWAL – RETURNS AND REFUNDS.

10. Delivery.

The shipping and payment conditions provided at the following link apply: SHIPPING AND PAYMENTS.

11. Transfer of risk.

11.1. In contracts in which Mobelt is responsible for providing the shipment of the goods, the risk of loss or damage to the goods is transferred to the user only at the moment when the user or a third party designated by the user and different from the carrier physically takes possession of the goods. However, the risk is transferred to the user at the time of delivery to the carrier if the carrier is chosen by the user and such choice is not proposed by Mobelt, without prejudice to the user’s rights against the carrier.

12. Compliance with Contract.

12.1. Mobelt is obligated to deliver to the user a product that conforms to the sales contract concluded. The product is presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:

• it is suitable for the use to which a product of the same type is normally intended;
• it conforms to the description given and possesses the qualities of the product that Mobelt presented to the user as a sample or model;
• it has the usual quality and performance of a product of the same type that the user can reasonably expect, taking into account the nature of the product and, where applicable, public statements about the specific characteristics of the product made by Mobelt.

12.2. There is no lack of conformity if, at the time of concluding the contract, the user was aware of the defect or could not have been unaware of it with ordinary diligence, or if the lack of conformity arises from instructions or materials provided by the user.

12.3. Mobelt is not bound by the public statements better described in the preceding point c) of art. 13.1. when, alternatively, it demonstrates that: (i) it was not aware of the statement and could not have known it with ordinary diligence; (ii) the statement was adequately corrected by the time the contract was concluded to be known to the user; (iii) the decision to purchase the product was not influenced by the statement.

12.4. In the case of a Consumer user, Mobelt is liable when the lack of conformity of the product manifests within 1 (ONE) year from the delivery of the product. The user loses the rights described in the following art. 15 if they do not report the lack of conformity to Mobelt within 2 (two) months from the date they discovered the defect; reporting is not necessary if Mobelt has acknowledged the existence of the defect or concealed it. Unless proven otherwise, it is presumed that lack of conformity that manifests within 6 (six) months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. The action to enforce defects not fraudulently concealed by Mobelt, in any case, prescribes within 26 (twenty-six) months from delivery of the product; the user who has agreed to the execution of the contract, however, can always enforce the rights under the following art. 15 provided that the lack of conformity has been reported within 2 (two) months of discovery and before the expiration of the term in the previous period.

12.5. In the case of a Professional user, the provisions of Article 1495 of the Italian Civil Code apply. Therefore, the Professional user forfeits the right to the warranty under Article 1490 of the Italian Civil Code if they do not report defects to Mobelt within 8 (eight) days of discovery. Notification is not necessary if Mobelt has acknowledged the existence of the defect or has concealed it. The action is time-barred, in any case, within 1 (one) year from delivery, but the Professional user, who has entered into a contract for the execution of the contract, can always assert the warranty, provided that the defect in the item has been reported within 8 (eight) days of discovery and before the expiration of 1 (one) year from delivery.

13. Rights of the user.

13.1. Mobelt is responsible, towards the user, for any lack of conformity existing at the time of delivery of the goods, subject to the exceptions described in the previous Article 13.

13.2. In the event of a lack of conformity, the user has the right to have the conformity of the goods restored, free of charge, through repair or replacement or to an appropriate reduction in price or termination of the contract.

13.3. The user may choose to have the goods repaired or replaced, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other remedy. In this regard, one of the two remedies is considered excessively expensive if it imposes unreasonable expenses on Mobelt compared to the other, taking into account: (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be used without significant inconvenience to the user. The expenses refer to the essential costs necessary to make the goods conform, in particular with reference to expenses incurred for shipping, labor, and materials.

13.4. Repairs or replacements must be made within a reasonable period from the request communicated between the parties and must not cause significant inconvenience to the user, taking into account the nature of the goods and the purpose for which the user purchased the goods.

13.5. The user may also request an appropriate reduction in price or termination of the contract if one of the following situations arises: (i) repair and replacement are impossible or excessively expensive; (ii) Mobelt has not carried out the repair or replacement of the goods within the reasonable period referred to in the previous Article 14.4; (iii) the replacement or repair previously carried out has caused significant inconvenience to the user. In determining the amount of the reduction or the sum to be returned, the use of the goods is taken into account.

13.6. After reporting the non-conformity issue, Mobelt can offer the user any other available remedy, with the following effects: (i) if the user has already requested a specific remedy, Mobelt remains obliged to implement it within a reasonable time, unless the user accepts the alternative remedy proposed; (ii) if the user has not already requested a specific remedy, the user must accept the proposal or reject it by choosing another remedy.

13.7. A minor non-conformity issue for which it was not possible or excessively expensive to pursue the remedies of repair or replacement does not entitle the user to terminate the sales contract.

14. Governing Law, Prevailing Language, Jurisdiction and Alternative Dispute Resolution Methods.

14.1. The sales contract concluded between Mobelt and the user through the Site is governed by the applicable Italian law. The prevailing language for the interpretation and application of these terms and conditions is Italian; the English translation is a tool to facilitate understanding for third parties.

14.2. In the event that the buyer is a Consumer user, for the resolution of disputes concerning these T&Cs, pursuant to and for the purposes of Article 66-bis of the Consumer Code, the competent territorial jurisdiction lies with the judge of the place of residence or domicile of the Consumer user. Conversely, in the event that the buyer is a Professional user, for the resolution of disputes concerning these T&Cs, the exclusive territorial jurisdiction lies with the Court of Vicenza.

14.3. The user has the option, where necessary requirements exist and in order to resolve the dispute relating to these T&Cs, to make use of the “Online Dispute Resolution” established by the European Commission, as well as the option to use, where necessary requirements exist and in order to resolve the dispute relating to these T&Cs, the extrajudicial dispute resolution bodies that operate electronically pursuant to Article 19 of the Electronic Commerce Code. In addition to the alternative procedures described above, the Consumer user also has the option, where necessary requirements exist and in order to resolve the dispute relating to these T&Cs, to use the out-of-court resolution procedure provided for by the combined provisions of Article 66-quarter and Articles 141 and following of the Consumer Code.

15. Customer Support.

15.1. For any requests for assistance and/or contact, Mobelt can be reached at the following contact details: mobelt@mobelt.it.

16. Changes.

This document is subject to periodic modifications for which Mobelt will provide updates solely by inserting the date of the last revision. It is the responsibility of the user to verify any changes made after their last access to the site.

August 2023 – Fisiolink SRLS