COVID-19 Alert to all Healy Members: Currently there are no FDA approved therapies or vaccines to treat or prevent COVID-19 (Coronavirus). Neither is the Healy intended to diagnose or treat any disease, including COVID-19. Healy is a microcurrent medical device cleared by the U.S. Food and Drug Administration only for local relief of acute, chronic, and arthritis pain and muscle soreness due to overexertion. Healy also has non-medical applications that use individualized frequencies to help balance your mind and body and relieve stress in support of wellness but not for the treatment of disease. Healy World supports and encourages the practice of COVID-19 preventive measures published by the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC). If you, your family, or customers experience any of the COVID-19 symptoms as described by WHO and the CDC, we urge you to seek medical diagnosis and treatment.

Termini wondizioni di Healy World GmbH

§ 1 Subject matter

These terms and conditions of sale and delivery (“T&C”) shall apply to sales transactions between HEALY ITALY SRL, having its registered Offices in Milan, at Via Sede legale: Viale Bianca Maria, 45

(VAT, Fiscal Code and number of registration with the Register of Companies of Milano Monza Brianza e Lodi: 11389010965; REA: MI – 2599370) (the “Seller”) and end-consumers (the “Purchaser”), meaning any natural person who is acting for purposes which are outside his trade, business, craft or profession. The offer and sale on the Seller’s Website: https://www.healyworld.net/it/ of products represent a distance sales contract governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code and by Legislative Decree no.70/2003 on electronic commerce („e-commerce“). 1.3. These T&C may be amended at any time. Any changes will be effective from their publication on the Website in the “Terms and conditions” section. Purchasers are therefore invited to access the Website on a regular basis and, prior to any purchase, to read the latest version of the T&C. 1.4 The applicable T&C are those in force on the date on which an order for the purchase of any product is placed. The Purchaser shall carefully read all the information that the Seller provides on the Website, both before and during the purchase procedure, and to examine and to approve these T&C, by selecting the relevant box available made availabe tot he Purchaser during the purchase procedure and before the conclusion of the Purchase Contract.

We shall not recognise any purchaser terms and conditions that contradict or vary from our T&C unless we have given our explicit, prior written acceptance of their validity.

Separate terms and conditions shall apply to different services (including, but not limited to, training and seminars) which can be purchased, from time to time, by the Purchaser.

§ 2 Information required for entering into the Purchase Contract

2.1 In accordance with Legislative Decree no.70/2003, the Seller informs the

Purchaser that:

2.1.1. to conclude a Purchase Contract the Purchaser must fill out an order form in electronic format and send it to the Seller electronically, following the instructions that will appear from time to time on the Website;

2.1.2. before submitting the order form, the Purchaser will be able to identify and correct any possible errors in the inserted data, by following the instructions on the Website in the different phases of the purchase.

2.2. Once the order form has been submitted, the Seller will send to the Purchaser, at the indicated e-mail address, the confirmation of the purchase order, containing the following: a summary of the general and specific terms and conditions applicable to the Purchase Contract, the main information regarding the purchased products, a detailed indication of the price, of the payment methods used, of the delivery expenses and any other additional charges, of the delivery term, as well as the contact information of the Customer Service -if any-, which the Purchaser can contact for requesting assistance.

2.3. The Purchase Contract shall take effect once the Seller have issued the written order confirmation above. In this regard, when paying by PayPal, ‘Sofort’ instant bank transfer or ordinary bank transfer, Purchase Contracts shall also take effect as soon as the relevant payment service provider or financial institution has confirmed the payment order.

2.4. The order confirmation e-mail, which contains a link to the T&C, provides confirmation of the Purchase Contract on a durable medium pursuant to Art. 51, para. 7 of the Consumer Code; the Purchaser acknowledges and agrees that, once this e-mail has been sent, the

Seller has fulfilled its documentation obligations and that, therefore, the Purchaser is bound by the Purchase Contract. 2.4. The Purchaser can access the order form and/or the data relating to

the same through his/her personal account.

2.5. The languages available to users for the conclusion of the Contract is Italian. Customer Service is able to communicate with users in the same language.

§ 3 Payment methods

We shall accept only the following payment methods from Purchasers:

3.1 Payment by credit card and PayPal: Payments on the Website may be made by PayPal, credit cards of VISA, VISA ELECTRON, MASTERCARD and AMERICAN EXPRESS. The accepted credit cards are shown on the left side of the home page of the Website and in the “Payment” phase of the purchase procedure. The total amount due by the Purchaser shall be charged when the order is placed;

3.2. Payment by ‘Sofort’ instant bank transfer or ordinary bank transfer, followinmgf the instructions indicated the Website and in the “Payment” phase of the purchase procedure.

3.3. The Seller reserves to apply, for security reasons, limitations and exclusions to payment instruments that can be used by the Purchaser for the payment of the products. The payment instruments not available in relation to a specific order and/or to a specific order will not be displayed and/or selectable by the user during the purchase procedure.

3.4. cash on delivery.

In such a case, the total amount shall be paid to the courier which will deliver the purchased products (so-called “contrassegno”, implying additional costs for the purchaser).

§ 4 Delivery

4.1. The products will be delivered within maximum 7 days as from the date the Purchase Contract will be effective, unless otherwise notified to the Purchaser.

4.2. In case of failure to deliver within the established time, for reasons other than fortuitous events and/or force majeure, the Purchaser will notify the Seller of an additional deadline for the delivery of the goods.

4.3.Seller’s failure to comply with the additional deadline shall entitle the Purchaser to terminate the Purchase Contract, with the restitution of the sums paid in execution of the Purchase Contract.

4.4.The additional deadline does not apply where the delivery deadline by the date specified, or agreed to, is essential to the Purchaser, taking into account all the circumstances that have led to the conclusion of the Purchase Contract, or if the Purchaser in the order form has explicitly indicated the essential nature of the delivery time. In such case, the failure to comply with the delivery deadline entitles the Purchaser to terminate the Purchase Contract without any further rescheduling of the delivery, with the restitution of the sums paid.

4.5. Together with the products purchased, the Purchaser will be given the relevant receipt

(or tax receipt) where provided for by applicable legislation.

§ 5 Terms of transport for the purchased products – passage of risk

Risk shall pass at the time we transfer the purchase products to the transport contractor or the Purchaser.

§ 6 Legal warranty

6.1. The Products provided by the Seller under the Contract are covered by legal warranty of conformity, which guarantees that the goods themselves are free of defects of conformity, pursuant to Articles 128 et seq. of Legislative Decree no. 206/2005.

6.2. The Seller is responsible to the Purchaser for any defect of conformity existing at the time of delivery of the goods and that occurs within two (2) years of such delivery.

6.3. In order to benefit from the legal warranty of conformity, the Purchaser must provide evidence of the purchase date and actual delivery of the purchased item.

6.4. Any defect in the conformity of purchased goods must be reported by the Purchased by registered letter with return receipt to be sent to the Seller at the address of ist registered Offices indicated within two (2) months from the date on which such defect was discovered, subject to cancellation of the warranty.

6.5. Unless otherwise proven, it is presumed that the defects of conformity that occur within six (6) months of delivery of the aforementioned products as set out above, already existed on that date unless such a hypothesis is incompatible with the nature of the products themselves or the nature of the defect of conformity.

6.6. In the event of a defect of conformity reported by the Purchaser in accordance with this Article 6, the Purchaser is entitled, to the replacement free of charge.

6.7. In the event that the replacement of the goods is impossible, that is, replacement has not been carried out in a timely manner, the Purchaser can choose the option of either a reduction in price or termination of the Purchase Contract.

6.8. It is understood that the warranty referred to in this Article 6 does not apply if the defect of the Products is due to improper use of the Products, and/or does not comply with the instructions and method of use and/or storage; unapproved and/or incorrect applications; modifications and/or alterations to the goods.

§ 7. RIGHT OF WITHDRAWAL

7.1. The Purchaser has the right to withdraw from the Purchase Contract without providing cause within 14 (fourteen) days from the date on which the Purchaser acquires physical possession of the goods purchased, even through a designated third party other than the carrier, specifically:

  • in the case where more than one product is purchased through a single purchase order and delivered separately, from the day on which the Purchaser acquires physical possession of the last product;
  • in the case of deliveries of a product in lots or multiple pieces, from the day the Purchaser acquires physical possession of the last lot or piece;
  • in the case of Purchase Contracts for the periodic delivery of products over a specified period of time, from the day on which the Purchaser or a third party, other than the carrier and designated by the Purchaser, acquires physical possession of the first product.

7.2. To exercise the right of withdrawal, the Purchaser can use the following model withdrawal form:

„To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:

I/We ———— hereby give notice that I/We withdraw from my/our contract of sale of the following products——-/for the provision of the following services

Ordered on /received on ———–

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Place and Date,———————“

7.3. The Purchaser will have to return the products in perfectly whole condition and complete with all their parts, accessories, equipment and documentation as well as packaged in their original packaging, safeguarded with due diligence, without damages or signs of wear and/or dirt.

7.4. The Purchaser is solely responsible for the reduction of the value of the products resulting from their manipulation as needed to establish the nature, characteristics and operation of the products.

7.5. Items/products will not be considered whole if they are missing the packaging or elements and/or accessories that invalidate their value or goods that are even slightly damaged.

7.6. The Purchaser is required to return the products received and must return them within 14 (fourteen) days from the date on which the Purchaser has communicated to the Seller the withdrawal from the Purchase Contract.

7.7. The costs of returning the goods will be borne by the Purchaser; the shipment, up to the proof of receipt by the Seller, is under the full responsibility of the Purchaser.

7.8. In accordance with Art.56 of Legislative Decree no.206/2005, only after receipt of the products the Customer will receive restitution of all payments made in connection with the purchase of such products.

7.9. Unless otherwise agreed between the Seller and the Customer, refunds will be made by the same way of payment oft he pertinent purchase price.

8. COMMUNICATIONS

Except as provided for in Art.1.2. above, any communication regarding this Form and the Purchase Contract between the Seller and the Purchaser, if not otherwise specified, must be made by registered letter with return receipt.

9. PRIVACY

The Customer’s personal data will be collected and processed by the Seller in accordance with applicable law, including the EU Regulations no.679/2016 (“GDPR”). The relevant “Notice” provided to the Customer is available at the following link: https://www.healyworld.net/it/privacy/ .

10. Applicable Law and Jurisdiction

10.1 The Purchase Contract is subject to Italian Law. ADR entities to settle the dispute.

10.2 The Seller hereby informs the Purchaser that a European platform for online dispute resolution for consumer disputes (so called “ODR platform”) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/ . Through the platform the Purchaser may find a list of the ADR entities and relevant link to their websites, as well as start an online dispute resolution procedure for resolving the dispute in which he/she is involved.

10.3 The Consumer who is resident in a member State of the European Union other than Italy may also have access, for any dispute arising from the application, execution and interpretation of these T&C, to the European procedure set up for minor disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00 Euros. The text of the regulation is available on the website eur-lex.europa.eu.

10.4 The above shall be without prejudice to the Purchaser to resort the Court competent in the event of any dispute, claim arising from, or related to, the Purchase Contract or the breach thereof, including any question regarding its existence, validity, execution or termination, as well as the purchase of the products for the dispute arising from the Purchase Contract, regardless of the outcome of the out-of-court procedure, as well as to start, where applicable, an out-of-court dispute resolution procedure pursuant to Chapter V, Title II-bis of the Consumer Code.

10.5 The Court of the place of residence of the Purchaser shall have sole jurisdiction.

[ACCEPTED BY „TICK BOX“]

General terms and conditions for system purchases

1 Scope of these terms and conditions

1.1 These terms and conditions shall apply to Healy devices sold by the Seller consisting of hardware and software.

1.2 These Terms and Conditions shall apply in addition to the General Terms and conditions of sale and delivery for commercial customers end-consumers.

2 Subject matter of the contract

2.1 (System) The Purchaser shall acquire by purchase the devices specified in the schedule of services, including with software; the applications specified in the schedule of services and the associated system documentation (for all system components) based on the terms and conditions of this contract. The schedule of services shall form part of the contract.

3.1. (System-related use) The Purchaser shall be entitled to non-exclusive use of the software provided to it on a system of the type specified in detail in the schedule of services and to use of the associated program description/user documentation.

3.2 (Duplication permission) The Purchaser shall be allowed to duplicate the provided programs in a machine-readable or printed form only to the extent corresponding with the program’s intended use. This shall include loading original data carriers and installation on storage media, in primary

memory/random access memory and in temporary storage memory such as caches, provided this is associated with usage and technically necessary. One copy may be created on a storage medium for back-up purposes.

3.3 (Simultaneous use) Simultaneous use of the software and its programs on multiple systems and/or on a network shall only be allowed with the prior permission of the provider.

3.4. (Decompilation) Decompilation of the software shall be permitted only if the provider does not share the information required to establish interoperability despite being requested to do so.

§ 5

5 .1 (Ancillary services) Unless otherwise noted in the schedule of services, all agreed ancillary services [NOTE: WHICH “ANCILLARY SERVICES”? PLEASE INDICATE] shall also be deemed paid with the purchase price.

5.2 (Right of use) The Purchaser shall not be authorised to transfer to third parties the right it has been granted for use of the software until full payment has been made. Copies produced by the Purchaser may not be resold.

§ Third-party industrial property rights

The software contains material that is protected by copyright and trade secret law. The Purchaser shall not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within the software. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the software shall remain the sole and exclusive property of the Seller or its licensors, as applicable.

[ACCEPTED BY „TICK BOX“]

Terms and conditions for Healy module purchases or cloud service use

§ 1 Scope of these terms and conditions

1.1 These terms and conditions shall apply to all modules (software) and cloud services sold by the Seller.

1.2 These Terms and Conditions shall apply in addition to the General Terms and conditions of sale and

delivery for commercial customers end-consumers.

§ 2. Subject matter of the contract

2.1 (Right to use modules) The Seller shall transfer to the Purchaser an otherwise untransferable, non-exclusive right to use the modules listed in the schedule of services, including any additional programs and the material associated with each, for an unlimited period of time and for the duration of their commercial service life.

2.2 (Right to use cloud services) The Seller shall transfer to the Purchaser an otherwise untransferable, non-exclusive right to use the cloud services listed in the schedule of services for the period of time specified at purchase.

§ 3. Delivery, transport charges

3.1 (Delivery) For each module, the Seller shall deliver to the customer a copy in a machine-readable format.

3.2 (User documentation) The Seller shall deliver the documentation associated with each module.

3.3 (Transport charges) Such charges shall not be payable. The Purchaser shall receive the contracted service via electronic activation.

§ 4. Extent of usage permission

Section 3 of the above Terms and Conditions for System Purchases shall apply here to the same extent.

§ 5. Warranty

The Seller shall not warrant that the provided software and cloud services meet the customer’s own special requirements. The same shall apply to errors caused by third-party hardware or software or other third-party influences, such as damage incurred through imported malware (viruses for example).

6. Title to and industrial property rights for software

6.1 (Title to software) Title to the software provided to the Seller, including all documentation, shall remain vested in the Seller.

The software contains material that is protected by copyright and trade secret law. The Purchaser shall not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within the software. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the software shall remain the sole and exclusive property of the Seller or its licensors, as applicable.

6.2 (Rights to software) The Seller shall remain the holder of all rights to the modules provided to the Purchaser , including the associated material.

6.3 (No separate resale) The Purchaser shall not be entitled to resell to third parties the modules or cloud services underpinning this contract without transferring to the third party title to the entire Healy system (including hardware).

§ 7. Usage/licence fee

The Purchaser shall be required to pay a one-time licence fee.

§ 8. Access to cloud services, charges

8.1 (Access) The Seller shall grant the Purchaser access to the

cloud services provided by the Seller .

8.2 (Cloud service) The Seller shall grant the Purchaser access to cloud services, free of charge, from the time at which

the contract is concluded and for the duration specified at purchase. Once the time specified in the previous sentence elapses, the Seller shall offer its Purchaser cloud access on the terms set out in the price list.

§ 9. Purchaser obligations

9.1 The Purchaser may not make the provided modules and cloud services and associated documentation available to third parties, whether in whole or in part.

9.2 The Purchaser may in no way modify the provider’s markings, copyright notices or ownership information in the modules and associated documentation.

[ACCEPTED BY „TICK BOX“]

Le informazioni relative ai resi di seguito riportate si applicano unicamente ai consumatori

I consumatori hanno diritto a recedere dal contratto di acquisto ai sensi delle seguenti disposizioni. Consumatore è qualsiasi soggetto che eff ettui una transazione legittima a scopi non prevalentemente riconducibili ad attività commerciali o di lavoro autonomo.
Informazioni sul recesso dal contratto e sul reso della merce fornita
Diritto di recesso dal contratto Il consumatore ha diritto a recedere dal presente contratto entro quattordici giorni, senza doverne indicare il motivo. Il termine per la revoca del contratto è di quattordici giorni a decorrere dalla data in cui il cliente o una parte terza delegata da quest’ultimo, escluso lo spedizioniere che prende in carico la merce, entri in possesso di detta merce. Al fi ne di esercitare il diritto di recesso, è necessario contattarci ai seguenti recapiti: Healy World GmbH, Potsdamer Platz 1, 10785 Berlin (Germania); email: info@healy.de; telefono: +49 30 54905949-1 È necessario fornire una dichiarazione chiara (a mezzo posta, fax o email) che manifesti l’intenzione di recedere dal contratto. Per revocare il contratto di acquisto è possibile, ma non obbligatorio, utilizzare il modulo tipo in allegato. Per rispettare il termine di revoca del contratto di acquisto, è suffi ciente comunicare l’intenzione di esercitare il diritto di recesso entro la data prevista. Operazioni successive alla revoca del contratto In caso di revoca del presente contratto di acquisto, la nostra azienda sarà tenuta a rimborsare immediatamente al cliente tutti i pagamenti da lui eff ettuati, comprese le spese di spedizione (fatta eccezione per i costi aggiuntivi sostenuti per una modalità di spedizione diversa da quella standard, più economica, da noi proposta), entro quattordici giorni dal ricevimento della dichiarazione con cui egli indichi la sua intenzione di recedere dal contratto di acquisto. Il rimborso avverrà con lo stesso metodo di pagamento utilizzato per la transazione originaria, salvo diversi accordi presi con il cliente. Il rimborso non prevede alcun addebito extra. La nostra azienda ha facoltà di sospendere il rimborso in attesa di ricevere il reso merce o fi nché il cliente non abbia documentato il reso, a seconda di quale dei due casi si verifi chi per primo. Qualora receda dal contratto di acquisto, il cliente sarà tenuto a rispedirci o a restituirci la merce immediatamente, e in ogni caso entro quattordici giorni dalla data di notifi ca del recesso. Il termine vale come rispettato nel momento in cui il cliente invia (spedisce) la merce prima dello scadere dei quattordici giorni. I costi della spedizione di reso sono a carico del cliente. Eventuali danni arrecati alla merce saranno a carico del cliente solo se imputabili a una manipolazione non necessaria ai fi ni della verifi ca delle condizioni, delle caratteristiche e delle funzionalità della merce stessa. Fine dell’informativa
Informativa sul recesso dal contratto per fornitura di servizi
Diritto di recesso dal contratto Il consumatore ha diritto a recedere dal presente contratto entro quattordici giorni, senza doverne indicare il motivo. Il termine per il recesso è di quattordici giorni a decorrere dalla data di stipula del contratto. Al fi ne di esercitare il diritto di recesso, è necessario contattarci ai seguenti recapiti: Healy World GmbH, Potsdamer Platz 1, 10785 Berlin (Germania), email: info@healy. de, telefono: +49 30 54905949-1. È necessario fornire una dichiarazione chiara (a mezzo posta, fax o email) che manifesti l’intenzione di recedere dal contratto. Per revocare il contratto è possibile, ma non obbligatorio, utilizzare il modulo tipo in allegato. Per rispettare il termine di revoca del contratto, è suffi ciente comunicare l’intenzione di esercitare il diritto di recesso entro la data prevista. Operazioni successive alla revoca del contratto In caso di revoca del presente contratto, la nostra azienda sarà tenuta a rimborsare immediatamente al cliente tutti i pagamenti da lui eff ettuati, comprese le spese di spedizione (fatta eccezione per i costi aggiuntivi sostenuti per una modalità di spedizione diversa da quella standard, più economica, da noi proposta), entro quattordici giorni dal ricevimento della dichiarazione con cui egli indichi la sua intenzione di recedere dal contratto. Il rimborso avverrà con lo stesso metodo di pagamento utilizzato per la transazione originaria, salvo diversi accordi presi con il cliente. Il rimborso non prevede alcun addebito extra. Qualora abbia chiesto che i servizi siano erogati prima del termine previsto per il recesso, il cliente sarà tenuto a versare un congruo importo per i servizi forniti fi no alla data di notifi ca dell’intenzione di esercitare il diritto di recesso, in proporzione all’entità complessiva dei servizi specifi cata nel contratto. Fine dell’informativa
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