GENERAL TERMS AND CONDITIONS OF SALE FOR THE PRE-ORDER OF AVATHOR
Version 1/2025 – Effective from 01/04/2025.
ART. 1 SUBJECT OF THE PRE-ORDER CONTRACT
1.1 These General Terms and Conditions of Sale for Pre-Order (hereinafter, “Pre-Order GTC”) govern the pre-order process for the product named Avathor One, which is currently undergoing certification. 1.2 The pre-order allows Customers to reserve the Avathor One product before its actual availability on the market, it being understood that the final sale will be completed only upon completion of certification. 1.3 The pre-order does not constitute a final purchase but a mutual commitment between the Customer and Avathor S.r.l. to reserve the product. 1.4 The Customer explicitly acknowledges and agrees that the product is not yet available and that the sale can only be completed after certification and the start of actual production, which will be duly communicated.
ART. 2 CERTIFICATION AND AVAILABILITY
2.1 This pre-order is subject to the suspensive condition of Avathor One obtaining certification as a medical device and its registration in the Medical Devices Register. 2.2 If certification is not obtained by 31/12/2025, the pre-order will be automatically cancelled, and the Customer will receive a full refund of the amount paid. 2.3 The Customer agrees and acknowledges that, until certification is completed, Avathor One cannot be considered a medical device nor be used as such. 2.4 The Customer declares to be fully aware that the pre-order does not entitle them to receive the product before the certification process is completed.
ART. 3 PAYMENT METHODS AND PRICES
3.1 At the time of the pre-order, the Customer shall make a down payment equal to 10% of the total price. The down payment will later be deducted from the total invoice amount once certification is obtained. 3.2 Payment may be made by:
- Credit/debit card;
- Advance bank transfer.
3.3 Under no circumstances will the amount paid be retained if the product does not obtain certification or if the Customer exercises the right of withdrawal before certification. 3.4 You will be informed in case the ordered Product is unavailable. In such case, you will be entitled to terminate the purchase contract. However, please note that before requesting the termination of the contract, the Seller reserves the right to take the following measures:
- If restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment of the difference, if applicable, and with the express acceptance of the Customer.
- If restocking is possible, an extension of delivery times will be offered by the Seller, with indication of the new delivery date.
3.5 If a refund is requested for the purchase of Products that turn out to be unavailable, the Seller will issue the refund within a maximum of 10 days. 3.6 If you exercise your right of termination, the contract will be terminated. If payment of the total amount due—comprising the price of the Product, shipping costs if applicable, and any other additional charges resulting from the order (Total Amount Due)—has already been made, the Seller will refund the Total Amount Due in accordance with the provisions set out in the “Payment Methods” article below.
ART. 4 PRICES
4.1 Prices indicated on the Site are expressed in Euros (€) and include VAT. For sales to countries outside the European Union, prices do not include taxes or customs duties. These charges are the responsibility of the customer and must be paid at customs upon delivery. 4.2 Furthermore, the prices on the Site do not include the WEEE (Waste Electrical and Electronic Equipment) contribution, as the Products sold are not subject to related regulations. 4.3 The Seller reserves the right to modify Product prices at any time without notice, it being understood that the price charged to you will be the one displayed on the Site at the time of placing the order. 4.4 Shipping costs are your responsibility, unless otherwise specified. 4.5 The Seller will only ship the Products after receiving confirmation of payment authorization or of the crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, meaning the moment the Product is handed over to the carrier. The risk of loss or damage to the Products, not attributable to the Seller, will instead transfer to you when you, or a third party designated by you and different from the carrier, physically takes possession of the Products. 4.6 The purchase contract is conditionally terminated if the Total Amount Due is not paid. Unless otherwise agreed in writing, the order will consequently be canceled.
ART. 5 TAX CREDITS AND FISCAL BENEFITS
5.1 The Customer acknowledges and agrees that any potential eligibility for tax credits, fiscal or tax-related incentives related to the purchase of products sold on the Site is subject to current legislation and the specific conditions established by the competent authorities. 5.2 It is the sole responsibility of the Customer to verify in advance whether the purchase of the product qualifies for such incentives and whether they meet the legal requirements to access said benefits. 5.3 Before placing the order, the Customer may contact the Seller for information about the documents that may be required to access tax benefits, it being understood that the Seller is under no obligation to guarantee the product’s compliance with such requirements. 5.4 The Seller assumes no liability with regard to:
- the actual entitlement to tax or fiscal benefits requested by the Customer;
- any refusals, delays, or disputes by the Tax Authority or other relevant bodies;
- the correct completion and submission of tax documentation by the Customer to the competent authorities.
ART. 6 PAYMENT METHODS
6.1 This article describes the available payment methods on the Site. The user may find further information by accessing the “Payments” section on the Site:
https://www.avathor.it/documenti/pagamenti/. 6.2 On the Site, you can make purchases using payment cards. The charge will be made only after: (i) the details of your payment card have been verified, and (ii) the issuing company has authorized the charge. Pursuant to Directive 2015/2366/EU (PSD2) on payment services in the internal market, the user may be required to complete the purchase process by fulfilling authentication criteria required by the payment institution handling the online transaction. These criteria involve verifying the user’s identity (which requires being registered on the Site) and providing an authentication code (Strong Customer Authentication). Failure to complete this process may result in the inability to finalize the purchase. The confidential data of the payment card (card number, holder, expiry date, security code) is encrypted and transmitted directly to the payment provider, bypassing the servers used by the Seller. Therefore, the Seller never accesses nor stores the card data, even if you choose to save it on the Site. 6.3 Payment via bank transfer is available on the Site. Banking details are provided on the Site. If payment is not received within 15 calendar days, the Seller reserves the right to cancel the order. 6.4 Payment by cash on delivery is not available on the Site, unless otherwise agreed with the Seller. 6.5 The Site allows the use of discount codes, coupons, or vouchers to complete the purchase. 6.6 Any alternative payment methods not mentioned above will be described in this article. 6.7 In accordance with Legislative Decree No. 26 of March 7, 2023, prices published on the Site have not been personalized based on automated decision-making. Prices are therefore not influenced by the user’s previous purchasing behavior. 6.8 If, for any reason, the Seller needs to issue a refund for one or more Products, the refund will be made using the same payment method used by the user, unless otherwise agreed. Any delays in the refund process may depend on the bank, the type of credit card, or the payment solution used.
ART. 7 PRODUCT DELIVERY
7.1 Delivery of Products is only available in European Union countries. The user may always contact the Seller for further information regarding delivery, for example, to check whether delivery is available in countries not listed on the Site. 7.2 The delivery obligation is fulfilled by transferring the material availability or control of the Product to you. 7.3 Product delivery time from the confirmation of payment: within 120 days. 7.4 The period indicated in Art. 7.3 is to be considered indicative and not binding. The Seller therefore reserves the right to deliver the Products within 120 days from the order confirmation. You are responsible for checking the condition of the delivered Product. It is understood that the risk of loss or damage to the Product not attributable to the Seller is transferred to you when you, or a third party designated by you other than the carrier, physically takes possession of the Product. The Seller recommends that you inspect the received Product and verify that the packaging is intact, undamaged, dry, and has not been tampered with, including the sealing materials. In your own interest, we advise you to note any irregularities on the carrier’s delivery note and to accept the package with reservation. If the packaging shows clear signs of tampering or alteration, it is advisable to promptly inform the Seller. 7.5 Regarding the option to request delivery to a “pickup point,” the Seller informs you that the Site does not currently offer the possibility to collect the Product from a pickup point other than the address provided during the purchase process. You are nevertheless encouraged to check the Site regularly to verify if this delivery option becomes available. 7.6 The user acknowledges that collecting the Product is a personal obligation. In case of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and to claim compensation for any damages incurred due to the failure to collect.
ART. 8 RIGHT OF WITHDRAWAL
8.1 Users are advised to read this article carefully, as it governs the right of withdrawal. 8.2 The right of withdrawal is the Consumer’s right to terminate the purchase contract without having to provide any reason. Any exceptions to the right of withdrawal are stated in this Article 8. If no exceptions apply, this Article 8 applies in full. For future purchases, we recommend revisiting this article to check whether any exclusions apply. 8.3 If you qualify as a Consumer (and in the absence of applicable exceptions under this article), you have the right to withdraw from the purchase contract without providing any reason and without incurring costs other than those specified in this article, within fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:
- in the case of a single Product order, from the day you or a third party other than the carrier and designated by you acquires physical possession of the Product;
- in the case of a Multiple Order with separate deliveries, from the day you or a third party other than the carrier and designated by you acquires physical possession of the last Product.
8.4 To exercise the right of withdrawal, you must inform the Seller, before the Withdrawal Period expires, of your decision to withdraw. You can do so by writing to the Seller at the contacts provided in the Preamble, or by using any contact form available on the Site. Your right of withdrawal will be deemed exercised within the Withdrawal Period if the communication is sent before the expiry of said period. 8.5 Unless otherwise agreed, the direct cost of returning the Products is borne by the Consumer, as is the responsibility for their transportation. If the right of withdrawal is exercised, the Product must be returned to the Seller’s address or another address indicated by the Seller. 8.6 If the right of withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs if applicable, without undue delay and no later than 14 calendar days from the date the Seller is informed of the decision to withdraw. The refund will be made using the same payment method used for the original transaction, unless otherwise agreed. If the Products were shipped using a carrier chosen by the Consumer and at the Consumer’s expense, the Seller may withhold the refund until the Products are received or until the Consumer provides proof of return, whichever comes first. 8.7 The Consumer is only liable for any diminished value of the goods resulting from handling that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must be stored, handled, and inspected with due care and returned intact, complete in all its parts, fully functional, including all accessories and leaflets, with all labels, tags, and seals (if any) still attached and not tampered with, suitable for its intended use and free from signs of wear or dirt. Withdrawal applies to the entire Product. It cannot be exercised in relation to parts and/or accessories of the Product. 8.8 If the returned Product shows signs of diminished value due to handling beyond what is necessary, the Seller reserves the right to deduct such amount from the refund. The Seller will notify you of this deduction and, if the refund has already been issued, will provide the bank details for repayment of the amount due. If the withdrawal has not been exercised in accordance with applicable law, the contract will not be terminated, and you will not be entitled to a refund. 8.9 This article deals with an important matter: return costs in the event of withdrawal. As explained above, the Seller highlights that return shipping costs are your responsibility and at your own risk. Products must be returned to the address indicated in the “Seller Information” section of the Preamble or another address communicated by the Seller. 8.10 Without prejudice to the right of withdrawal (where applicable) and the legal warranty of conformity, the Customer may always request the replacement of a Product. The Seller has sole discretion to accept this request. Return costs and reshipment costs for the replacement Product are borne by the Customer, unless otherwise agreed with the Seller. The right of withdrawal does not apply to purchases made by customers residing in non-EU countries where local law excludes such a right. Therefore, customers from these countries will not be entitled to withdraw from purchases made through this e-commerce site.
ART. 9 LEGAL WARRANTY OF CONFORMITY
9.1 The Legal Warranty of Conformity is reserved for Consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any business, commercial, craft, or professional activity. 9.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years from delivery. The legal action to assert a lack of conformity not fraudulently concealed by the Seller expires in any case within twenty-six months from delivery. 9.3 Unless proven otherwise, any lack of conformity that becomes apparent within twelve months from delivery of the Product is presumed to have already existed at that time, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the twelfth month after delivery, the Consumer will be responsible for proving that the defect already existed at the time of delivery. 9.4 In the event of a lack of conformity, the Consumer has the right to restore conformity, or to receive a proportional price reduction, or to terminate the contract under the conditions set out in Article 135-bis et seq. of the Italian Consumer Code. 9.5 The Seller is not liable for any damage of any kind resulting from improper use of the Product and/or failure to comply with the manufacturer’s instructions, or for damages caused by unforeseeable circumstances or force majeure. 9.6 In the event of a Product safety recall, whether ordered by a competent authority or voluntarily initiated by the responsible economic operator, the operator shall offer the Consumer an effective, free, and prompt remedy. The Consumer may choose from at least two of the following options, unless one of the solutions is impossible or would impose disproportionate costs on the economic operator: (i) repair of the recalled Product; (ii) replacement with a safe product of equal value and quality; (iii) refund of the recalled product’s value, equal to at least the price paid. If the repair or replacement is not completed within a reasonable time or causes significant inconvenience to the Consumer, the Consumer shall be entitled to a refund. If the recall allows the Consumer to carry out a simple and safe repair themselves, the economic operator shall provide all necessary instructions, free replacement parts, and, if needed, software updates. This self-repair shall not affect the Consumer’s rights under applicable EU legislation. If the Consumer disposes of the recalled Product, it must be done safely and will not affect their right to a refund or replacement as provided under these terms. The proposed remedies must not incur shipping or return costs for the Consumer. For non-transportable Products, the economic operator shall arrange collection directly from the Consumer. For the purposes of this clause, and in accordance with EU Regulation 2023/988, “economic operator” refers to any entity in the supply and distribution chain, including manufacturers, importers, distributors, or others responsible for placing products on the market or managing consumer products.
ART. 10 APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT DISPUTE RESOLUTION – ADR/ODR
10.1 Purchase contracts concluded through the Site are governed by these General Terms and Conditions of Sale and, for anything not expressly provided, by the Italian Consumer Code. 10.2 If the user qualifies as a Consumer, jurisdiction for any disputes relating to the application, execution, and interpretation of this document lies with the court of the place where the user resides or has elected domicile. 10.3 The Seller informs the user, who qualifies as a Consumer, that if a complaint has been submitted directly to the Seller and the dispute has not been resolved, the Seller will provide information on Alternative Dispute Resolution (ADR) entities for the out-of-court resolution of disputes related to obligations arising from a contract concluded under these General Terms and Conditions of Sale, and will specify whether or not it intends to use such ADR entities to resolve the dispute. 10.4 The Seller also informs the Consumer that a European platform for online dispute resolution (ODR) has been established. The ODR platform can be accessed at the following address:
http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer can view the list of ADR entities, find the link to each of their websites, and initiate an online resolution process for any dispute. 10.5 The Consumer always retains the right to bring a dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, regardless of the outcome of any out-of-court resolution attempt, including those under Part V, Title II-bis of the Italian Consumer Code. Consumers residing in an EU Member State other than Italy may also access the European Small Claims Procedure for disputes concerning the application, execution, and interpretation of these General Terms and Conditions of Sale, provided the value of the dispute does not exceed €5,000, excluding interests, legal costs, and expenses. The full regulation can be found at
http://www.eur-lex.europa.eu.
ART. 11 CUSTOMER SERVICE 11.1 You can request information, send communications, ask for assistance, or file complaints by contacting the Seller at the addresses provided in the Preamble or using the contact form available on the Site. 11.2 The Seller typically responds within 5 business days.
ART. 12 REVIEWS 12.1 Pursuant to Legislative Decree No. 26 of March 7, 2023, Avathor S.r.l. informs you that no tool allowing users to publish reviews is currently implemented on the Site. 12.2 You are nonetheless invited to consult this article in future purchases to check whether such a review tool has been added to the Site.
ART. 13 MISCELLANEOUS
13.1 This document fully governs the relationship between you and the Seller. In any case, rights and obligations established by applicable laws remain unaffected.
