Terms of sale

Art. 1 – General notes

1. The user browsing in this area accesses Medipower’s e-shop, accessible through the URL: https://www.medipower.com/e-shop (hereafter referred to as “Medipower e-shop”). Browsing and transmitting a purchase order on the site implies the acceptance of the Data Protection Conditions and Policies adopted by the site indicated.

2. These General Conditions of Sale apply to the sale of products by:

Company: Medipower srl
Address: Via Favara 452 c bis
VAT Registration number: 02095100810
Registered business, number of TP 145151

with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03).

3. The user is required, before accessing the products supplied by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.

4. The user is invited to download and print a copy of the purchase form and of these General Sales Conditions whose terms Medipower reserves the right to change unilaterally and without notice.

5. It is possible to use the site and therefore access products supplied by the same and to purchase these also in the English language.

Art. 2 – Object

1. These General Terms and Conditions of Sale govern the offer, transmission and acceptance of purchase orders for products in the Medipower e-shop and do not govern, on the other hand, the supply of services or the sale of products by parties other than the seller that are present on the same site through links, banners or other hypertext links.

2. Before placing orders and purchasing products and services from different parties, we suggest checking their sales terms and conditions.

Art. 3 – Conclusion of the contract

1. To conclude the purchase contract, the form in electronic format must be filled out and transmitted following the relative instructions in the same section.

2. It contains the reference to the General Conditions of Sale, the images of each product and its price, the means of payment that can be used, the delivery methods for the products purchased and the related costs shipping and delivery, a reference to the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.

3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.

4. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.

5. The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the “Place Order” button at the end of the guided purchase process.

6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.

Art. 4 – Registered users

1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his personal data correctly and truthfully.

2. The confirmation will in any case exempt Medipower srl from any responsibility regarding the data supplied by the user. The user undertakes to promptly inform Medipower e-shop of any change to their data communicated at any time.

3.  If the user then communicates incorrect or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, Medipower srl  will have the right to not activate or to suspend the service until the relative failures or omissions have been rectified.

4. On the first request to activate a profile by the user, Medipower e-shop will assign the user a username and password. The latter acknowledges that these identifiers will be the system used to validate user access to the Services and the only system appropriate for identifying the user and that the acts the user performs during said access will be attributed to the the user and will be legally binding on the user.

5. The user will keep access data secret and preserve data with due care and diligence and not to cede data even on a temporary basis to third parties.

Art. 5 – Product availability

1. Product availability refers to availability at the time the buyer places the order. This availability must be considered purely indicative as, due to the simultaneous presence on the site of multiple users, products may  have been sold to other customers before the order has been confirmed.

2. Even after sending the order confirmation e-mail, partial or total unavailability of the goods may arise. In this case, the order will be automatically corrected with the elimination of the unavailable product and the buyer will be immediately informed by e-mail.

3.  If the buyer requests the cancellation of the order, terminating the contract, Medipower srl will reimburse the amount paid within 14 days from the moment Medipower srl was informed of the decision of the buyer to resolve the contract.

Art. 6 – Products offered

1. Medipower e-shop sells:

Parts for Marine and Industrial Engines and the relative accessories

2. The products offered are described on our site at the following link: https://www.medipower.com/e-shop

Art. 7 – Payment methods and prices

1. The price of the products will be the one indicated each time on the site, except where there is an obvious error.

2. In the event of an error, Medipower will notify the buyer as soon as possible, allowing the user to confirm the order at the recalculated sum or to cancel the order. In any case, Medipower will not be under any obligation to supply the goods sold at the lower price that was wrongly stated.

3. The site prices are inclusive of VAT and do not include shipping costs that are subsequently indicated during the purchase process. Prices may change at any time. The changes do not apply to orders for which an order confirmation has already been sent.

4. Once the desired products have been selected, they will be added to the cart. To complete purchase simply follow the instructions, inserting or verifying the information requested at each step of the process. Order details can be changed before payment.

5. Payment can be made via :

• Credit card through the Stripe payment platform
• Bank transfer

Art. 8 – Delivery

1. Medipower e-shop delivers throughout Italy.

2. Medipower e-shop offers pick up of goods at its premises (Via Favara 452 c Bis, Marsala (TP) or other pick up points indicated at the time of purchase.

3. Delivery is generally carried out within 7 working days using tracked shipping, or, if no delivery date is specified, by the deadline estimated at the time of selection of the delivery method and, in any case, within twenty days of the date of confirmation.

4. If the delivery cannot be made, the order will be sent to the warehouse. In this circumstance, you will be notified of the location of the order and how to arrange a new delivery.

5. If you are not able to be present at the delivery location at he agreed time, please contact us again to arrange a new delivery date.

6. If the delivery cannot take place due to circumstances for which we are not responsible after thirty days from the date on which the order is available for delivery, we will assume that the contract is implicitly terminated.

7. As a result of the termination, the amounts will be returned, including delivery costs, excluding any additional costs deriving from the choice of a delivery method other than the ordinary method offered without unjustified delay and, in any case, within 10 days of the date of termination of the contract. Transportation resulting from the termination of the contract may have additional costs that will be paid by the buyer.

8. The shipping costs are paid by the buyer and are clearly indicated at the time the order is placed.

Art. 9 – Transfer of risk

1. The risks relating to the products will be borne by the buyer starting from the time of delivery. The ownership of the products is considered acquired as soon as full payment is received of all the amounts due in relation to the product/s, including the shipping costs, or at the time of delivery, if this were to occur at a later time.

Art. 10 – Warranty and commercial compliance

1. The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items to the products ordered, in accordance with the provisions of Italian legislation.

2. If the purchaser has entered into the contract as a consumer, that is an individual acquiring goods unrelated to their business or professional capacity, this warranty is valid provided that: the defect occurs within 24 months from delivery date of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the complaint is sent via email to assistenza.eshop@medipower.com.

3.  In the event of goods that do not conform, the purchaser who has entered into the contract as a consumer will be entitled to obtain the goods in conformity without further expense, through repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in relation to the disputed goods and the consequent return of the price paid.

4. All costs for returning products deemed defective are at the expense of the seller.

Art. 11 – Withdrawal

1.  In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.

2.  In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.

3. Users intending to exercise the right of withdrawal of the purchase can send an email, indicating the order number and their name, to: assistenza.eshop@medipower.com

4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard non obligatory withdrawal form, as per Annex I, part B, Legislative Decree 21/2014.

5. Goods may be returned to any sales point or pick up point in Italy, as indicated on the web page during the purchase process.

6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Medipower will reimburse the amount of the products subject to withdrawal within a maximum period of 5 days, net of any shipping costs.

7. As envisaged by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the reimbursement until receipt of the goods or until proof of return shipment is provided by the buyer.

8. The right of withdrawal will not apply if the services and products of Medipower e-shop are included in the categories of art. 59 of Legislative Decree 206/2005.

9. The site will refund the sums using the same payment method chosen by the buyer during the purchase process. In the case of payment made by bank transfer, and if the buyer intends to exercise their right of withdrawal, they must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.

Art. 12 – Data processing

1. The data of the buyer are processed in accordance with legislation on the protection of personal data, as specified in the relevant section containing the information pursuant to art. 13 D.lgs. June 30, 2003 and art. 13 EU Regulation 2016/679 (Privacy Policy).

Art. 13 – Safeguard clause

1. In the event that one of the clauses of these General Terms and Conditions of Sale were void for any reason whatsoever, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

Art. 14 – Contacts

1. Any request for information can be sent by email to the following address: assistenza.eshop@medipower.com, by telephoning: +39 0923 719692, or by post to the following address:

Via Favara 452 c bis
91025 Marsala (Tp)

Art. 15 – Applicable law and competent court

1. These General Terms and Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other mandatory prevailing rule of the country of habitual residence of the purchaser. Consequently the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law.

2. Any disputes concerning and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the purchaser is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.

It should be noted that the European Commission also provides consumers with a portal to amicably settle disputes online (article 14, paragraph 1 Regulation(UE) 524/2013), available on the web http://ec.europa.eu/odr.

These conditions were drawn up on 20/04/2020.