Terms of service
General Terms and Conditions of the Online Store Contract (B2C)
1) Scope of application
For business relations between Promis S.r.l. (hereinafter: promis) and consumers (hereinafter referred to as "customer" or "customers"), the following General Terms and Conditions (GTC) apply to the goods offered 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 a derogation has been expressly agreed upon.
These GTC may concern contracts relating to products (goods or services) in the form of a one-time delivery or as a permanent delivery ("subscription contract"). In a subscription contract promis undertakes to provide the product owed under the contract for the duration of the agreed contractual period.
From time to time, the data protection policy or these GTCs of the shop will be adapted, supplemented, or modified. The current and retrievable versions apply each time you access or visit the website. Please visit this page regularly to check the current terms and conditions. If we make substantial changes to this privacy policy, we will inform users by posting a notice on our websites and/or mobile applications and updating this privacy policy. If you do not agree with the amended terms and conditions, please object in writing via email to support@promis.care and delete your user profile, if you have created one, before the changes take effect. If you do not delete it, your user profile will continue to exist even after the amended provisions come into force.
Orders and deliveries are possible worldwide. Orders can only be placed by individuals over 18 years of age. Customers under 18 years old require the signature of their legal representative.
These general terms and conditions apply exclusively. Conflicting or differing 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 the creation of a user profile / guest profile on promis. Multiple registrations with different names or addresses are not allowed.
Registration may be cancelled by promis at any time and without having to provide reasons. In this case, promis has the right to immediately block and delete the username and corresponding password.
3) Contract conclusion
The presentation of the promis assortment in the online store does not constitute an offer to enter into a sales contract with the customer. It is non-binding.
By clicking the "Buy Now" button, the customer submits 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 an order receipt confirmation ("order receipt confirmation"). This confirmation does not constitute acceptance of the offer, but is solely intended 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 will 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 admissibility and the 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 that are temporarily unavailable will be reserved for the customer, and the customer's order remains valid.
4) Prices
For the purchase and ordering of goods and services, the prices indicated in euros at the time of purchase and order apply. Prices are subject to change without notice.
All prices include the value-added tax (VAT) applicable in Italy.
Price fluctuations are possible. The decisive price is the one at the time the offer is submitted.
5) Delivery, shipping costs
promis will deliver the ordered goods to the address indicated by the customer in the order as quickly as possible. promis is entitled to make partial deliveries and services at any time, provided that these are reasonable for the customer. If partial deliveries are made by promis, promis will bear the additional shipping costs.
For deliveries within Italy, promis covers the shipping costs if the order value is at least EUR 29.90. Otherwise, a flat fee of EUR 5.90 will be charged.
For deliveries within Europe, promis covers the shipping costs if the order value is at least EUR 44.90. Otherwise, a flat fee of EUR 9.90 will be charged. Shipping costs for deliveries outside Europe are a flat rate of EUR 20. This rule applies only to private customers (orders placed through our online store).
The delivery time is usually 2 - 4 business days. The information on expected delivery times is not binding.
6) Retention of title, withdrawal from the contract
All goods delivered remain the property of promis until full payment has been made.
If the customer acts contrary to the contract, especially if they fail to fulfill their payment obligation despite a reminder from promis, promis may withdraw from the contract after setting a reasonable deadline and demand the return of the goods still in their possession. The collection or seizure of the goods by promis constitutes a withdrawal from the contract. The resulting shipping costs are borne by the customer. promis is authorized to use the goods after receiving them.
7) Duration and termination of subscription contracts
Subscription contracts are concluded for an indefinite period. The subscription contract can be terminated at any time.
8) Expiration and payment
promis only accepts 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 different from the one mentioned in this section.
promis uses the Stripe Inc. payment solution for processing payments through the online store, allowing the customer to pay easily and securely with credit cards and, if necessary, with alternative payment methods.
If the payment is made using a payment method offered by PayPal, the 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 of contract conclusion.
promis may require advance payment without having to provide 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 compensation is not possible.
The vouchers will be redeemed only under the conditions indicated on the voucher and exclusively for the product groups specified therein. Individual products may be excluded from the voucher promotion.
Vouchers or discounts allowed by law (e.g. quantity discounts) cannot be combined within a single order. The voucher value cannot be converted into cash.
The voucher is transferable. promis may provide services with a releasing effect to the holder who redeems the voucher in the online store.
9) Revocation
The customer has the right to revoke their declaration of intent aimed at concluding the contract without providing reasons within a maximum of 14 days from receipt of the goods, by returning the goods to promis. In addition, the customer must communicate the cancellation in writing (online form) within the same period. The revocation in text form must be sent to the address indicated in point 11 or by email to support@promis.care. The burden of proof for the shipment of the goods to be returned lies with the customer.
The withdrawal 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 the event of an effective withdrawal or contract cancellation, both parties must reimburse the services already received. If the customer can only return the goods received in a deteriorated condition, they must pay promis compensation equal to the reduced value.
The customer must bear the costs and risks of the return, unless the delivered goods do not correspond to those ordered.
promis will exercise the right of retention until the goods are fully returned.
Consequences of revocation
In the event of the revocation of this Contract, 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. For this refund, we will use the same payment methods used for the original transaction, unless expressly agreed otherwise with the customer, and in no case will the refund be charged. We may refuse to refund until we have received the goods back or until the customer has demonstrated that they have returned the goods, whichever occurs first.
Exclusion/termination of the right of withdrawal
The right of withdrawal does not apply, among other things, to contracts for the supply of non-prefabricated goods for which production is based on an individual selection or decision by the consumer, or which are clearly tailored to the personal needs of the consumer, and it is terminated early for contracts for the supply of sealed goods that cannot be returned for health protection or hygiene reasons if the seal has been removed after delivery.
10) Warranty and Liability
If the goods delivered are defective at the time of transfer of risk, for example due to a manufacturer’s error, or if there is an incorrect delivery, the customer is requested to report such defects immediately. However, failure to notify this complaint does not affect your legal rights. For all defects of the purchased goods that occur during the statutory warranty period, the customer is entitled to legal rights for supplementary performance, defect rectification, or replacement delivery, as well as – if the legal requirements are met – further claims for reduction or withdrawal, as well as compensation for damages, including compensation in lieu of performance, and reimbursement of unnecessary expenses. To the extent that we grant a seller’s warranty, the details are set out in the warranty conditions attached to the respective delivered item. Warranty claims do not affect legal rights.
Liability is based on the applicable legal provisions. The liability of promis is excluded in cases of (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages due to delayed delivery as well as (v) any acts and omissions of the auxiliary persons of promis, whether contractual or non-contractual.
Furthermore, promis is not liable for damages resulting from any of the following causes:
• storage, interruption, or improper, non-contractual, or illegal use of the products;
• use of incompatible spare parts or accessories (e.g., power supply);
• lack of maintenance and/or improper modification or repair of the products by the customer or third parties;
• causes of force majeure, in particular elemental damage, moisture damage, damage from falling and impact, etc., which are not the responsibility of promis, and official orders.
For defects, delays in performance, and damages that occur during execution by service providers (e.g., on-site installations), the service provider responsible for the execution is liable.
promis is not liable for any printing errors in advertising materials, data errors in the online store, incorrect prices, errors in illustrations, product descriptions or other texts, such as advertisements for vouchers or discounts, or for late or omitted deliveries.
11) Addresses
Supplier and contractual partner of the offers on these websites:
promis S.r.l.
Via Negrelli 4
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 pursuant to the data protection policy is an integral part of these GTC. By accepting these GTC, the customer also declares to accept the data protection statement.
All trademark, image, and copyright rights are the property of promis or its partners. Downloading, saving, copying, or printing data, images, and PDF files, even in extracts, requires written authorization from promis. All rights reserved. Any further use by the customer for purposes other than those of 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.
The competent court is Bolzano (IT), unless you enter into a contractual relationship with us as consumers. promis also has the right to take legal action against the customer at their place of residence/registered 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 parts shall remain unaffected. The invalid or missing provisions shall be replaced by the respective legal provisions or, if not available, by provisions that correspond to the meaning of the invalid provisions.