GENERAL TERMS AND CONDITIONS OF SALE (“T&C”)
Index
Introductory information:
The object of these T&Cs is the buying and selling of products, better described below, carried out remotely at www.rimoscare.com belonging to:
RI.MOS. S.r.l., with registered office in Via Manuzio n. 15, ZIP code: 41037, Mirandola (MO), info@rimos.com, P.IVA IT 01846710364, PEC: info@pec.rimos.com, Reg. Imp. Modena: 01846710364, REA: 246734 Cap. Soc. €118.500,00 i.v., Phone: +39 0535 25755, Fax: +39 0535 25509 (the "Seller" or "RI.MOS.")
PREMISES AND CONDITIONS OF USE
RI.MOS. is the owner of www.rimoscare.com (the "Site").
On the Site RI.MOS. markets medical devices and plant-based products dedicated to the treatment and well-being of the skin. All Products use plant components known for their many properties, such as antiseptic, antibacterial, antifungal and regenerative. RI.MOS. is also the manufacturer of the same (the "Products" or "Product").
RI.MOS. owns the European registered trademarks: Hyperoil No. 009028051; MYKUTIS No. 013149737; and PURO H No. 018065256.
All dimensions and technical characteristics of products listed in RI.MOS. catalogs are provided for reference only. All Products listed in the catalogs are CE marked. All materials used for disposable products meet international standards of plastic materials used in medical devices.
The Site, the platform, and all content created by/for RI.MOS. may not be copied, imitated, reproduced, either in whole or in part (e.g., layout, content and images, graphics, scripts, etc.), transferred by electronic or conventional means, modified, decoded, linked, or used for purposes other than those set forth in these T&Cs, without the prior written consent of the Company.
The use of third-party logos does not represent an endorsement of or association of any kind with the relevant intellectual and industrial property rights-holding companies.
OBJECT OF THE CONTRACT
Through this Site, RI.MOS. carries out the sale of the Products via electronic commerce, exclusively with respect to the Products described herein. Such activity is conducted in accordance with Legislative Decree No. 70 of 9 April 2003 (regulating electronic commerce), Legislative Decree No. 206 of 6 September 2005, as subsequently amended and supplemented (the “Consumer Code”)—with particular reference to Chapter I, “Consumer Rights in Contracts”, Articles 45 et seq.—as well as the applicable provisions of the Italian Civil Code.
The Vendor declares that it holds all rights, licenses, authorizations, and certifications required by applicable law for the marketing and sale of the Products.
SERVICE RECIPIENTS
RI.MOS. accepts purchases both from customers who qualify as Consumers and from those who do not (hereinafter referred to as the “Customer” or the “Customers”).
Pursuant to Article 3, Paragraph I, letter a) of Legislative Decree No. 206 of 6 September 2005 (the "Consumer Code"), a Consumer is defined as a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or craft activity carried out.
The inclusion of a VAT number during the purchase process shall be considered an indication that the purchase is made for purposes related to an entrepreneurial, commercial, professional, or craft activity. In such cases, the Customer shall be deemed a Professional.
In the event that one or more sales are made to a Professional, these General Terms and Conditions of Sale shall apply, along with the relevant provisions of the Italian Civil Code. The protections provided under the Consumer Code—which implement mandatory consumer protection provisions—shall not apply to Professionals.
SITE REGISTRATION AND CUSTOMER OBLIGATIONS
Registration to the Site is free and not mandatory to take advantage of the content on the Site, and to finalize the purchase.
Registration is permitted only to persons (not bots) who are 18 years of age or older and have full legal capacity to commit and have a valid e-mail address.
All purchase orders transmitted to RI.MOS. must be completed in all parts and must contain the elements necessary for the exact identification of the Customer, the Products ordered and the place of delivery of said Products.
The Customer is solely and entirely responsible for the accuracy and truthfulness of the personal data entered. The personal details and email address provided must be correct, truthful, and refer solely to the Customer placing the order. The use of third-party personal data is not permitted.
ACCEPTANCE OF TERMS AND CONDITIONS
The contractual conditions governing the relationship between the Seller and the Customer are those in effect on the date of the Customer’s registration on the Site.
The submission of an order implies full knowledge and express acceptance of both these Terms and Conditions and the provisions outlined during the purchase process.
The Seller reserves the right to update and/or modify these Terms and Conditions at any time and at its sole discretion. Any such changes shall become effective upon publication on the Site.
COMMUNICATIONS
For any requests or communications, the Customer may contact RI.MOS. using the contact details provided in these Terms and Conditions.
The Customer acknowledges, accepts, and expressly consents that all communications, notifications, confirmations, information, reports, and any other documentation related to the purchase of the Products shall be sent to the email address provided at the time the order is submitted.
MODE OF CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE ORDER
The purchase contract is considered concluded and binding on both parties when the Customer, after completing the order procedure on the Site, receives confirmation of the acceptance of the order. This confirmation is communicated through a summary message displayed on the Site and sent to the email address provided by the Customer.
PRODUCT AVAILABILITY
All orders for Products are subject to the availability of the Products. The Site is regularly updated to ensure maximum accuracy regarding the Seller’s inventory and the availability shown on the Site.
Due to the simultaneous access of multiple customers and the possibility of concurrent online orders, the availability of Products may change as the Customer completes their order. Therefore, the Seller cannot guarantee the certainty of product allocation and, consequently, the completion of the contract.
For certain Products subject to price promotions, the Seller reserves the right to accept orders by reducing the quantities, subject to prior notice and acceptance by the Customer. If the Customer does not accept the modification, the order will be deemed cancelled.
The Seller may cancel an order in the event of unavailability of the Products. In such cases, the Seller will inform the Customer by email or telephone (followed by written confirmation) that the contract has not been concluded and the order will not be processed, specifying the reasons for the cancellation. Any amounts previously charged to the Customer’s payment method will be refunded, with notification of the refund sent via email.
In the event of cancellation of the order by the Seller, for any reason, the Seller cannot be held liable for any damages arising from the cancellation.
TIMING AND MODE OF DELIVERY
RI.MOS. undertakes to deliver the purchased Products to the Customer at the address provided, using FEDEX EXPRESS ITALY S.R.L. or any other courier service with which the Seller, at its sole discretion, has entered into a specific agreement. Deliveries are available exclusively within Italy and European countries, from Monday to Friday, excluding Saturdays, Sundays, and public holidays.
The Seller commits to delivering the goods within an indicative period of 7 (seven) working days from order confirmation. In accordance with Article 61, paragraph 1 of the Italian Consumer Code, delivery will in any case take place without undue delay and no later than 30 (thirty) days from the conclusion of the contract, unless caused by force majeure or exceptional circumstances.
Upon completing the online purchase, the Customer will receive the shipment tracking number and a link to monitor the status of the delivery in real time. This information will be displayed both on the website at the end of the purchase process and in the order confirmation email sent to the Customer.
SHIPPING ERRORS AND DAMAGE DURING TRANSPORTATION
In the case of a package that is not intact, damaged, with obvious signs of tampering or discrepancy in the number of packages, the Customer must report the irregularity to the courier at the time of delivery and sign the transport document with the words "ACCEPTANCE WITH RESERVE."
This procedure allows you to protect yourself in case of anomalies found after the package has been opened (e.g., damaged or missing products). In such cases, it is necessary to send an e-mail report to RI.MOS., attaching photographic documentation of the critical issues.
RI.MOS., after receiving the report and documentation, will evaluate the case and decide whether to authorize the replacement of the product. It should be noted that RI.MOS. is not responsible for damage or loss of the goods after delivery to the courier, unless acceptance with reservation.
If authorized for replacement, the Customer must contact RI.MOS. within 5 business days by e-mail or telephone to receive the necessary instructions for return and replacement. If the requested product is not available, RI.MOS. will refund the amount paid.
The incorrect product must be returned undamaged, sealed in its original packaging and properly packaged to prevent damage in transit. If the returned product shows signs of opening or the original seals have been removed, the replacement will not be made.
Failure to comply with the stated procedures and deadlines will result in loss of the right to replacement or refund.
NOTICE OF DEFECTS AND LEGAL WARRANTY
By Buyer Consumer
The Seller is obligated to deliver goods to the Customer that conform to the sales contract and is liable for any lack of conformity existing at the time of delivery. For purchases made by the Consumer, the Products are covered by the legal warranty for defects of conformity that are present at the time of delivery and manifest within 2 (two) years from that time, pursuant to Articles 128 et seq. of the Consumer Code and subsequent amendments.
If the Customer discovers a conformity defect, they must report the issue by sending a registered letter with return receipt to RI.MOS. S.r.l., Via Manuzio n. 15, CAP: 41037, Mirandola (MO), or via PEC to the address info@pec.rimos.com. The Customer must specify not only the reason for the complaint but also the order number and relevant tax documentation.
In all cases, the Customer must provide appropriate photographic documentation that clearly shows the defect or issue, where applicable.
If the defect cannot be visually documented (e.g., characteristics such as odor, texture, or non-conforming functionality), the Customer is still required to describe the issue in as much detail as possible and attach any useful supporting information, such as packaging, product codes, or other relevant data.
The warranty does not apply if the reported defects are due to improper storage, handling, use, or transport of the Product by the Consumer or if the Consumer has not followed the manufacturer's instructions provided on the product label. Furthermore, the warranty is not applicable if the defect results from the Consumer's negligent or willful conduct, or from causes unrelated to the production, sale, or transport of the Product to the Consumer's residence.
In the event of a lack of conformity, duly reported, the Customer is entitled to a replacement of the Product within a reasonable period, unless the remedy is objectively impossible or excessively burdensome. Alternatively, the Customer may be entitled to a price reduction or contract termination. A minor conformity defect, where repair or replacement would be impossible or excessively burdensome, does not entitle the Customer to terminate the contract.
RI.MOS. reserves the right to inform the Customer whether it will arrange for the collection of the defective Product at the Customer's domicile. The time required to complete warranty-related activities may vary, depending on the type of product and the nature of the defect.
Authorization to return Products does not constitute acknowledgment of defects or non-conformities, the existence of which will be verified after the return.
By Professional Buyer
In the event that the Professional receives a non-conforming Product, the rules of the Civil Code apply concerning the reporting of defects, specifically Article 1495 of the Civil Code, which requires reporting of defects within 8 (eight) days from discovery. The Professional must send a registered letter with return receipt to RI.MOS. S.r.l., Via Manuzio n. 15, ZIP: 41037, Mirandola (MO), or via PEC to info@pec.rimos.com. The complaint must specify not only the reason for the defect but also the order number and relevant tax documentation.
The Professional is required to provide appropriate photographic documentation that clearly shows the error or defect, where applicable.
If the defect cannot be visually documented (e.g., characteristics such as odor, texture, or non-conforming functionality), the Professional must describe the issue in as much detail as possible, attaching any relevant supporting information such as packaging, product codes, or other relevant details for evaluation.
The warranty does not apply if the reported defects arise from the Professional's improper storage, handling, use, or transport of the Product, or if the Professional fails to comply with the manufacturer's instructions provided on the Product's label. Additionally, the warranty does not apply if the defect is attributable to the Professional's negligence, willful conduct, or any causes unrelated to the production, sale, or transport of the Product to the destination address specified by the Professional.
In the event of a lack of conformity, duly reported within the prescribed period, the Professional is entitled to a replacement of the Product within a reasonable time, unless the remedy is objectively impossible or excessively burdensome. Alternatively, the Professional may be entitled to a price reduction or contract termination. A minor conformity defect, for which it is not possible or excessively burdensome to apply the remedies of repair or replacement, does not entitle the Professional to terminate the contract.
RI.MOS. reserves the right to inform the Professional whether it will arrange for the collection of the defective Product at the address indicated by the Professional. The time required for warranty-related activities will vary depending on the type of Product and the nature of the defect.
RI.MOS. shall not, under any circumstances, bear responsibility for any charges resulting from delays in the delivery of the replaced Product or the refund of the price.
Authorization to return Products does not imply recognition of defects or non-conformities. The existence of such defects must be verified after the return.
RIGHT OF WITHDRAWAL
By Buyer Consumer
Pursuant to Article 59, paragraph 1, letter e of the Consumer Code, the right of withdrawal is excluded for sealed Products that, for hygienic reasons related to the protection of health, cannot be returned to the market once opened. Therefore, the right of withdrawal is excluded if the Consumer opens, as applicable, the seal (if any) or packaging of the Product.
Except in the case referred to in the preceding paragraph, in accordance with the law, the Consumer may exercise the right to withdraw from the contract without providing a reason and without incurring any penalty, within 14 days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, takes physical possession of the last good.
The notice of withdrawal by the Consumer must be communicated in writing to the Seller. The notice should include the Consumer's first and last name, email address, purchase order number, a statement of intent to withdraw from the purchase, and the identification of the Product or Products for which the right of withdrawal is being exercised. Additionally, the Consumer must attach a copy of the purchase receipt and provide a telephone number where they can be reached. The Seller shall promptly acknowledge receipt of the withdrawal notice and confirm it on a durable medium.
Once the withdrawal notice has been received, RI.MOS. will authorize the return of the Products, which must be sent to RI.MOS. S.r.l., Via Manuzio 15, 41037 Mirandola (MO).
The Product must be returned intact, in all its parts, carefully packed in its original packaging, and complete with everything originally included. The Product must be unused and not tampered with.
The return shipment by the Consumer must be made either (i) by one of the couriers approved by the Seller, as indicated in Article 9 above, or (ii) by delivery to the Seller or a third party authorized by the Seller, within 14 (fourteen) days from the notice of withdrawal from the contract to RI.MOS..
Until the goods are returned to the Seller, the Consumer is responsible for the safekeeping and risk of the returned Products.
The costs of returning the Products to the Seller shall be borne by the Consumer.
Upon receipt of the Products, the Seller will refund the Consumer the full amount paid at the time of purchase, using the same form of payment used for the initial transaction, unless otherwise agreed between the parties.
For the purposes of determining the expiration of the 14-day period after notice of withdrawal from the contract has been given to RI.MOS., the Products are considered returned at the time they are delivered to the accepting post office or carrier.
By Buyer Professional
Where the purchaser is a Professional, the right of withdrawal is excluded.
SALE PRICES
All prices of the Products displayed on the Site are in Euros and, where the purchase is made by a Consumer, include Value Added Tax (VAT). In the case of a purchase by a Professional, prices are not displayed on the Site. The Professional must request the updated price list, exclusive of VAT, from RI.MOS. via email before proceeding with the purchase order.
As prices on the Site may be updated and are subject to change on a daily basis, they are considered valid until the notice of acceptance of the purchase order is issued.
The shipping costs for the Products, where applicable, shall be borne by the Customer and will be calculated according to the following terms and conditions:
- Italy: For orders under €39.00, a shipping fee of €7.00 applies. For orders of €39.00 or more, shipping is free.
- EU countries: No minimum order amount is required; shipping costs are €12.00 regardless of the order value.
METHODS OF PAYMENT
The Customer will have a choice of the following payment methods:
- Bank Transfer. To make purchases by bank transfer payment method, the Customer may select the option "bank transfer" where he will find all the specifications to proceed with the payment. Once the transfer is made, the order will be processed upon receipt of notification of credit to the Seller's bank account.
- Credit card; Paypal; NEXI; GooglePay; ApplePay. The transaction will be carried out in compliance with banking security regulations and the data disclosed by the Customer. Online credit card and Paypal transactions are carried out on the respective sites of the service providers, through secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows communication in a manner designed to prevent interception, modification or falsification of information. RI.MOS. is never made aware of the Customer's Credit Card or account information.
LIABILITY
RI.MOS. assumes no liability for inefficiencies attributable to force majeure of any nature or kind if it fails to execute the contract in the agreed time.
Force majeure includes, but is not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events, as well as measures of the Public Authorities, strikes by its own employees or by the carriers RI.MOS. uses, and any other circumstances beyond its control.
RI.MOS. shall not be held liable, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors.
APPLICABLE LAW
This contract is governed by Italian Law.
ALTERNATIVE DISPUTE RESOLUTION
Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, purchasers Consumers residing in the states belonging to the European Union are hereby informed that for the resolution of disputes relating to these Terms and Conditions, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/.
In compliance with the provisions of the aforementioned regulations, it is also announced that the regular e-mail address of RI.MOS. is as follows: info@pec.rimos.com.
JURISDICTION
Any dispute relating to the application, execution, or interpretation of this contract entered into online through the Site shall be governed by Italian law and subject to the jurisdiction of the Italian courts.
In case of disputes between the Seller and the Consumer arising from this contract, the court of the Consumer's place of residence or domicile will have jurisdiction, in accordance with applicable law.
For disputes arising between the Seller and the Professional, related to this contract (entered into by the Customer for purposes related to entrepreneurial, commercial, professional, or craft activities), including those concerning the existence, validity, or termination of the contract, the parties agree to attempt mediation through the specialized mediation body "Mediators of the Digital" of ADR INTESA S.r.l. - mediatorideldigitale.it, in accordance with the applicable rules in force at the time of filing the application. Should mediation fail, any remaining disputes will be subject to the exclusive jurisdiction of the court of Modena, to the express exclusion of any other competing forum.
CUSTOMER SERVICE
For any questions or inquiries, the Customer may contact the Seller's Customer Service at the following e-mail address: customerservice@rimoscare.com.
T&C ACCEPTANCE FLAG
Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Client declares that he/she has carefully read and expressly accepts the following clauses: art. 8 availability of the products; art. 12 exclusion of the right of withdrawal; art. 15 limitations of liability; art. 18 place of jurisdiction for the Professional Client.
Flag acceptance of unfair terms