1. EFFECTIVENESS OF THE CONDITIONS OF SALE

These Conditions of Sale have as their object the regulation of the purchase of products distributed by Kairosafe Srl, PI/CF 01080490327, with registered and operational headquarters in Sistiana 41/D 34011 Duino Aurisina (TS), registered in the Company Register of Trieste under no. 123045. 

All purchase contracts (purchases-orders) are governed by these Conditions of Sale and by the instructions indicated on the e-shop www.kairosafe.it, excluding any other way, unless agreed in writing. 

Kairosafe invites each Customer to carefully read these Conditions of Sale before carrying out the purchase transaction and to keep a copy, including an electronic one. 

Kairosafe may modify the content of the Conditions of Sale at any time.

2. PRODUCTS

The products offered are laboratory items for professional use. The visual representation of the products normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any commitment as to the exact correspondence of the image depicted on the e-shop or in the catalogs with the actual product. 

Customers must manage "Medical and diagnostic devices" with CE marking obligation in compliance with EEC Directives; in particular for the traceability of the lot and for the management of post-sale surveillance.

3. PRICES

The prices of the products are visible on the e-shop after registration and are clearly indicated on the price lists, on the specific offers and on the promotional offers issued by Kairosafe, and are exclusive of  VAT. Prices can be changed without notice (with the exception of orders already accepted by Kairosafe and not yet processed). In the current conditions of uncertainty, only the prices indicated on the Order Confirmation are binding. 
Unless specified, there is no minimum order.

4. SHIPPING AND HANDLING FEES

Shipping and handling costs, are added to the overall price of the products ordered. 

Shipping costs, excluding VAT, are calculated from time to time, depending on destination and volume. 

Handling costs, excluding VAT, amount to 30,00 €

5. PURCHASE PROCEDURE

It involves the following phases: 

- Customer: sending the order via e-shop or e-mail to info@kairosafe.it. 

The Customer can purchase based on the price lists, specific offers, promo offers and the electronic catalog on the e-shop. In the latter case, if a product is presented without the "add to cart" icon, it is considered not available for sale through the e-shop but only through the direct channel (contact Customer Service info@kairosafe. it to receive the most updated quote). 

Sending the order has the value of a contractual proposal and presupposes complete knowledge and full acceptance of these Conditions of Sale. 

- Kairosafe: acceptance of the order by sending the Order Confirmation.The Customer then receives an email message with the Order Confirmation attached, which contains the details of the order, the shipping and billing addresses, the delivery time, as well as the data relating to the Customer, who undertakes to verify its correctness and to promptly communicate any corrections. If the Customer does not receive any confirmation message, it means that the order has not been received. 

If it finds that the prices and/or characteristics of the products are incorrect, Kairosafe will expressly notify the Customer inviting him to accept a new proposal. 

Kairosafe has the right to accept or not the order sent by the Customer, without the latter being able to make claims or rights of any kind, for any reason, including compensation, in the event of non-acceptance of the order itself. 

- View e-shop order. 

Each order can be viewed by the Customer on the e-shop, in their personal area.

6. PRODUCT AVAILABILITY

The availability indicated in the offers and on the e-shop is valid unless sold. The expected delivery time of the goods is indicated in the Order Confirmation and may be subject to unexpected and unwanted delays, for example due to shortages of raw materials or slowdowns in the logistics chain. Kairosafe  is  committed  to  ensuring  delivery  is  as  quick  as  possible,  but  does  not  guarantee immediate order processing and is therefore in no case responsible for any delays in delivery.

7. CANCELLATION OF THE ORDER

The Customer may request cancellation of the order, as long as the order has not already been processed and does not concern customized products, special products or products under construction with the specific characteristics requested by the Customer.

8. PAYMENTS

Payment is due by advance bank transfer. 

9. SIPPING DOCUMENT AND INVOICE

For each order shipped in a single solution, Kairosafe provides a delivery note and an invoice. The delivery note accompanies the goods, while the invoice is sent apart by e-mail. In the case of partial shipments, each shipment corresponds to a delivery note and an invoice. No changes to the invoice are possible after it has been sent.

10. DELIVERIES

The risk of transport is transferred to the Customer upon delivery by the courier appointed by Kairosafe. The risk of transport and certain costs, for example that of storage with the courier, remain the sole responsibility of the Customer in all the following cases: refusal of the Customer to receive the delivery, unavailability of the Customer during working days during office hours, presence of errors in the data indicated by the Customer. 

Upon delivery of the products by the courier, the Customer is required to check that the number of packages corresponds  to  what  is  indicated  in  the  delivery  note,  that  the  packaging  is  intact, undamaged and/or unaltered, not even in the closing materials. Any damage to the packaging and/or products or the mismatch in the number of packages must be immediately reported by the Customer to the courier, by affixing the writing "ACCEPTED WITH RESERVE" on the courier's delivery receipt. 

Furthermore, the Customer undertakes to promptly report to Kairosafe, and in any case no later than8 days from the date of delivery, any problem relating to the physical integrity, correspondence or completeness of the products received. 

 The presence of the Customer is always required at the place of destination and on the day of expected delivery. In the event of the Customer's absence, the courier leaves a second delivery notice for the following working day and a telephone number to be able to agree on a different delivery date. If the second delivery attempt is also unsuccessful, the purchase order is considered canceled and the products will return to the Kairosafe warehouses. In the latter case, Kairosafe will refund the Customer, if he has made the payment, only the price of the undelivered products, minus the storage cost charged by the courier. The relevant order will be considered automatically and definitively cancelled, excluding any further mutual claims, for any reason. Cases of force majeure, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible or that cause a significant increase in the cost of delivery to be borne by Kairosafe entitle Kairosafe to split, postpone or cancel, in full or in part, the expected delivery or to terminate  the  Purchase  Contract.  In  such  cases,  Kairosafe  will  provide  timely  and  adequate communication of its decisions to the email address indicated by the Customer and the latter will have the right to a refund of any price already paid, excluding any further claim, for any reason, against Kairosafe.

11. RIGHT OF WITHDRAWAL

The  Customer has the right to  withdraw  from the  Purchase  Contract, without  prejudice to the following: 

- The written request for withdrawal must be sent no later than 15 working days from the date of delivery of the products and is followed by the sending of a specific Returns Form by Kairosafe 

- The return of the products subject to withdrawal must be paid by the Customer, by courier, and subject to written agreement with Kairosafe Srl. The products must be sent, no later than 10 working days from the delivery date, to the following address: Kairosafe Srl Sistiana 41/D 34011 Duino Aurisina (TS) 

- The withdrawal can only concern entire packages. The products must be intact and returned in the original packaging, complete in all its parts (including packaging and accessory documentation), accompanied by the appropriate completed Returns Form. 

- The customer who returns products that must be kept at a controlled temperature is required to demonstrate that they have been stored and returned under the conditions indicated on the label. 

-  The  right  of  withdrawal  does  not  apply  to  the  supply  of  goods  made  to  measure  or  clearly personalized or which, by their nature, cannot be returned or risk deteriorating or expiring rapidly. 

- The right of withdrawal cannot be exercised by those acting for purposes related to a commercial activity. Purchases made by resellers or by individuals who in any capacity purchase for resale to third parties are excluded from the right of withdrawal. 

If the returned product is damaged during transport, Kairosafe is only required to notify the Customer in order to allow him to promptly file a complaint against the courier he has chosen, against whom he can take recourse (Kairosafe is not liable in any way for damage or theft or loss of returned products; any related risk therefore remains the sole responsibility of the Customer). 

Once the integrity of the returned product has been verified, Kairosafe will refund the Customer, by bank transfer, the amount paid for the products subject to withdrawal, no later than 30 days from the return of the products themselves.

In case of failure to comply with the conditions for exercising the withdrawal, the Purchase Contract remains valid and effective and Kairosafe will return the unduly returned products to the sender Customer, charging the relevant shipping costs to the sender.

12. LEGAL WARRANTY

Kairosafe  distributes  products  manufactured  in  accordance  with  current  industry  standards; guarantees that the products are suitable for the use for which goods of the same type are usually used and that the products possess the declared qualities. 

B2B 

The Customer can assert the guarantee within 1 year of delivery, provided that the defect has been reported within 8 days of discovery. In the event of a dispute, the Customer is required to give Kairosafe all reasonable information and assistance to enable it to fulfill its contractual obligations. 

The  reported  defect  will  be  subjected  to  careful  verification  by  Kairosafe  or  the  manufacturer concerned, and the related complaint is accepted only if confirmed by said verification. Kairosafe will make every diligent effort to replace, at its own discretion, with other products of the same quality, those products delivered which are defective. If replacement with the same product is not possible, Kairosafe will refund the Customer the amount paid for the product found to be defective, excluding any further liability of Kairosafe, for any reason. 

The following are expressly excluded from the guarantee: 

-  Products  stored  or  used  in  a  manner  inconsistent  with  or  different  from  the  manufacturer's recommendations. 

- Flaws or defects resulting from modifications made by the Customer or third parties or from accidental or intentional damage occurring after delivery. 

- Defects or malfunctions resulting from incorrect assembly, installation or use of the products or from lack of, insufficient or incorrect maintenance. 

- Any installation or repair carried out by personnel not authorized or commissioned by Kairosafe.  

B2C 

Pursuant to the provisions of the consumer code, products sold to consumers in Italy are guaranteed for two years from delivery against any lack of conformity existing at the time of delivery of the goods. 

The legal guarantee operates upon demonstration of the delivery date of the product and only covers defects reported to Kairosafe Srl within two months of discovery of the defect. 

In the event of a product defect, the legal guarantee gives the right to restore the conformity of the product through repair or replacement without costs borne by the Customer. The Customer may request, at his choice, the repair or replacement of the product, unless the requested remedy is objectively impossible or excessively onerous compared to the other. 

Alternatively, the legal guarantee gives the right to a reduction in the purchase price of the defective product or to termination of the contract if: 

- repair and replacement of the product are impossible or excessively expensive 

- the seller did not repair or replace it within a reasonable time 

- the repair or replacement previously carried out caused significant inconvenience to the Customer. 

A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies of repair or replacement does not give the right to terminate the contract. 

 

13. COMPLAINTS AND NON-CONFORMITIES

Communications relating to complaints must be addressed to info@kairosafe.it.

14. INTELLECTUAL PROPERTY

All trademarks, as well as any intellectual work, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions regarding intellectual and industrial property reproduced on the e-shops remain the exclusive property of Kairosafe and/or its licensors, without the Customer having any rights over them from access to the e-shop. Any use, even partial, of the same is prohibited without the prior written authorization of Kairosafe, in whose favor all related rights are exclusively reserved.

15. PRIVACY POLICY

For the regulations on the processing of personal data, please refer to the e-shop area www.kairosafe.it specially dedicated.

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