Terms and conditions of service

General terms and conditions of the online store (B2C)


1) Scope of application

For business relations between Promis S.r.l. (hereinafter: PROMIS) and consumers (hereinafter referred to as "customer" or "customers") apply the following General Terms and Conditions (GTC) to the goods displayed by PROMIS in the online store in the version currently available and valid at the time of accessing the website or ordering the goods.
For contracts for the supply of goods or vouchers, these conditions apply accordingly unless an exception is expressly agreed upon.
These GTC may cover contracts for products (goods or services) in the form of one-time delivery or on a permanent delivery basis ("subscription contract"). In a subscription contract PROMIS agrees to deliver the product due under the contract for the duration of the agreed contract period.
From time to time, the data protection notice or these online shop GTC will be adapted, supplemented or modified. With each new access or visit to the website, the current and retrievable versions will apply. Please visit this page regularly to check the current terms and conditions. If we make material changes to this privacy policy, we will notify users by posting a notice on our websites and/or mobile applications and updating this privacy policy. If you disagree with the changed terms and conditions, please object in writing by email to support@promis.care and delete your user profile, if you have created one, until the changes take effect. If he/she does not delete, the user profile will continue to exist after the amended provisions take effect.
Orders and deliveries are possible worldwide. Orders can only be placed by persons over the age of 18. Customers under the age of 18 need the signature of their legal representative.
These general terms and conditions apply exclusively. Conflicting or divergent conditions of the customer are not recognized unless PROMIS has expressly accepted them in writing in individual cases.

2) Registration

Each merchandise order requires registration as a customer or opening a user/host profile on PROMIS. Multiple registrations under different names or addresses are not allowed.
Membership can be cancelled by PROMIS at any time and without having to give reasons. In this case PROMIS has the right to immediately block and delete the corresponding user name and password.

3) Stipulation of the contract

The presentation of the PROMIS assortment in the online store does not represent an offer to enter into a sales contract with the customer. It is not binding.
Clicking the "Buy Now" button presents the customer with a binding offer to purchase.
By placing an order with PROMIS via the Internet (online store), the customer makes an offer to enter into a sales contract with PROMIS. The customer will receive a confirmation of receipt of the order ("confirmation of receipt of order"). This confirmation does not constitute an acceptance of the offer, but is intended only to inform the customer that the order has been received by PROMIS. If necessary, PROMIS will separately notify the customer of any errors in the assortment information on the website and send a corresponding counter-offer.
The contract with PROMIS is concluded when PROMIS expressly accepts this offer ("order confirmation") or when PROMIS sends the ordered product to the customer.
Acceptance is subject to legal eligibility and availability of the goods or services ordered. If PROMIS cannot accept the customer's offer, the customer will be informed of the unavailability instead of accepting the order. Products temporarily unavailable will be reserved for the customer, the customer's order remains valid.

4) Prices

Prices listed in euros at the time of purchase and order apply to the purchase and order of goods and services. Prices are subject to change without notice.
All prices include the value-added tax (VAT) in force in Italy.
Price fluctuations are possible. Determinant is the one at the time of bidding.

5) Delivery, shipping costs

PROMIS will deliver the ordered goods to the address given by the customer in the order as soon as possible. PROMIS is entitled to partial deliveries and services at any time, provided these are reasonable for the customer. If partial deliveries are made by PROMIS, PROMIS shall bear the additional shipping costs.
For deliveries within Italy PROMIS assumes shipping costs, if the order value is at least EUR 29.90. Thereafter a flat rate of EUR 5.90 is charged. 
For deliveries within Europe PROMIS assumes shipping costs, if the order value is at least EUR 44.90. Thereafter, a flat rate of EUR 9.90 is charged. Shipping costs for deliveries outside Europe are a flat rate of EUR 20. This rule applies only to private customers (orders via our online store).
Delivery time is normally 2 to 4 working days. Information on estimated delivery time is not binding.

6) Reservation of title, withdrawal from contract.

All delivered goods remain the property of PROMIS until full payment is received.
If the customer behaves contrary to the contract, especially if he fails to fulfill his obligation to pay despite a reminder from PROMIS, PROMIS may withdraw from the contract after setting a reasonable time limit and demand the return of the goods still in his possession. Withdrawal of the goods or seizure by PROMIS shall constitute a withdrawal from the contract. The resulting shipping costs shall be borne by the customer. PROMIS is entitled to use the goods after receipt thereof.

7) Duration and termination of subscription contracts

Subscription contracts are entered into for an indefinite period of time. The subscription contract can be terminated at any time.

8) Due date and payment

PROMIS accepts only the payment methods indicated to the customer (in the online store) during the ordering process. PROMIS reserves the right to agree in writing with its customers on a payment method other than the one mentioned in this section.
PROMIS uses the Stripe Inc. payment solution for processing payments through the online store to enable customers to pay easily and securely with credit cards and, if necessary, with alternative means of payment.
If payment is made using a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) Sàrl. et Cie, S.C.A., (hereinafter referred to as "PayPal") subject to PayPal's terms of use, available at https://www.paypal.com/it/webapps/mpp/ua/useragreement-full or.
The purchase price and any shipping costs that may be incurred are due at the time the contract is concluded.
PROMIS may require prepayment without giving reasons. The order will be processed after receipt of payment.
Vouchers for the PROMIS online shop can only be redeemed before the ordering process is completed. Subsequent clearing is not possible.
Vouchers will be redeemed only under the conditions indicated on the voucher and only for the product groups indicated therein. Individual products may be excluded from the voucher promotion.
Vouchers or discounts allowed by law (e.g., quantity discounts) cannot be combined within an order. The of the voucher value cannot be converted to cash.
The voucher is transferable. PROMIS may perform services with a liberating effect to the holder who redeems the voucher in the online store.

9) Revocation

The customer has the right to revoke his declaration of intent to conclude the contract without giving reasons within a maximum of 14 days after receipt of the goods by returning the goods to PROMIS. In addition, the customer must give notice of the revocation in writing (online form) within the same period The revocation in text form must be sent to the address given in item 11 or by e-mail to support@promis.care. The burden of proof for shipping the goods to be returned shall be borne by the customer.
Revocation is excluded and does not apply to:
Delivery of sealed goods that cannot be returned for health protection or hygiene reasons if the seal has been removed after delivery;
In case of actual withdrawal or withdrawal from the contract, both parties must refund the services already received. If the customer can return the goods received only in deteriorated condition, he/she must pay PROMIS compensation equal to the reduced value.
The customer must bear the cost and risk of the return unless the goods delivered do not match the goods ordered.
PROMIS will make use of the right of retention until the goods are returned in full.
Consequences of revocation
If this Agreement is revoked, we will refund the payment for the value of the goods we have received from the customer no later than fourteen days from the date we receive the goods. We will use the same means of payment for this refund as we used for the original transaction, unless expressly agreed otherwise with the customer, and in no event will we be charged for the refund. We may refuse to refund until we have received the goods back or until the customer has demonstrated that he or she has returned the goods, whichever comes first.
Exclusion/extinction of the right of withdrawal
The right of withdrawal does not exist, inter alia, for contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, and it expires early for contracts for the supply of sealed goods that cannot be returned for reasons of health protection or hygiene, if the seal has been removed after delivery.

10) Warranty and Liability

If the delivered goods are defective at the time of risk transfer, such as a manufacturer's error, or if there is a wrong delivery, the customer is requested to report such defects immediately. However, failure to report this claim is of no consequence to his legal rights. For all defects in the purchased goods that occur during the legal warranty period, the customer's legal rights for additional performance, elimination of defects or a new delivery, as well as - if the legal requirements are met - further claims for reduction or withdrawal, as well as compensation for damages, including compensation for damages in lieu of performance, as well as compensation for unnecessary expenses, apply to the customer. To the extent that we grant a seller's warranty, the details result from the warranty conditions that are attached to the respective delivered item. Warranty claims do not affect legal rights.
Liability is based on the applicable legal provisions. PROMIS's liability is excluded in cases of (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages from delayed delivery as well as (v) any acts and omissions of PROMIS's auxiliary persons, whether contractual or non-contractual.
In addition, PROMIS is not responsible for damage due to any of the following causes:
- improper, non-contractual or illegal storage, interruption or use of the products;
- Use of incompatible replacement parts or accessories (e.g., power supply);
- Failure to maintain and/or modify or improperly repair the products by the customer or a third party;
- force majeure, especially elemental damage, moisture, falling and impact damage, etc., which are not the responsibility of PROMIS, and official orders.
For defects, performance delays, and damages that occur during execution by service providers (e.g., on-site installations), the service provider in charge of execution is responsible.
PROMIS's liability is excluded for any printing errors in advertising material, data errors in the online store, incorrect prices, errors in illustrations, product descriptions, or other text, such as advertisements for vouchers or discounts, or late or omitted deliveries.

11) Addresses

Provider and contractual partner of these websites' offerings:
Promis Ltd.
4 Negrelli Street
39100 Bolzano (IT)

Tel: +39 0471 066 050
E-Mail: support@promis.care
www.promis.care

12) Data protection, copyright, trademark rights

The data protection policy under the Data Protection Policy is an integral part of these GTC. By accepting these GTC, the customer also declares that he/she accepts the data protection statement.
All trademark, image and copyrights are the property of PROMIS or its partners. Downloading, saving, copying or printing of data, images and PDF files, even in extracts, requires written permission from PROMIS. All rights are reserved. Any further use by the customer for purposes other than the product is not permitted.

13) Final Provisions

All legal relationships between the customer and PROMIS are subject to Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
Place of jurisdiction is Bolzano (IT), unless you enter into a contractual relationship with us as a consumer. PROMIS also has the right to take legal action against you at your residence/head office or at any other competent court.
In the event that individual provisions of these terms and conditions, including this provision, are invalid in whole or in part, or if the terms and conditions contain a loophole, the validity of the remaining portions remains unaffected. Invalid or missing provisions shall be replaced by the respective statutory provisions or, if not available, by provisions that correspond to the meaning of the invalid provisions.