Terms of service

Terms and conditions of sale

The present document "Terms and Conditions of Sale" ("T&C") governs the offer and sale of Baxter Srl–branded products ("Products") through the website https://www.baxter.it/it ("Website").

The products marketed through the Website are sold by the company eInvoice Srls ("Seller"), with registered office in Magenta (MI), via Pusterla 3 – VAT No. 14097460969, acting as the official seller on behalf of Baxter Srl ("Baxter"), with registered office in via Trento 68, 20821 Meda (MB) – VAT No. 00913080966.

In this T&C document, "we", "us" or "our" refers to eInvoice Srls, while "you" or "your" refers to the person purchasing the Products through the Website.

Since the sales contract is entered into with the Seller, no contractual relationship exists with Baxter Srl. Your only contractual counterparty remains the Seller.

Please read this document "Terms and Conditions" carefully before placing any purchase order for any Product on the Website. Each time you intend to place a purchase order, you must declare that you have read, understood and accepted these T&C. Your refusal to accept these T&C will prevent you from placing purchase orders for any Product offered for sale on the Website. Print and keep a copy of this document for future reference.

  1. CONTACT DETAILS OF THE COMPANY ACTING AS SELLER: eInvoice Srls ("Seller"), with registered office in Magenta (MI), via Pusterla 3 – VAT No. 14097460969.
    All your communications relating to requests for information on the Products and/or on orders placed must be sent to e-shop@baxter.it.

  2. ELIGIBILITY TO ENTER INTO THE SALES CONTRACT: Sales through the Website are intended for individuals acting as consumers.
    By placing an order, you declare that:
    a) you are at least 18 years old;
    b) you have full legal capacity to enter into a sales contract with the Seller.

  3. CONCLUSION OF THE ONLINE SALES CONTRACT

    3.1. You may place orders either as a registered user, if you have previously created an account, or as a guest user.
    Creating an account will allow you, in the future, to place orders by accessing the Website without having to provide all your data each time; to log in, you will only need to use your username and password.
    If you proceed as a guest, you will be required, when requested, to provide the data necessary to complete the purchase.
    The processing of your data, whether purchases are made through an account or as a guest user, is governed by Baxter’s privacy policy and, for some specifically identified purposes, will require your prior consent.

    3.2. The purchase order expresses your intention and request to the Seller, on your part, to purchase the Product(s) indicated in the corresponding order. The purchase order will be considered issued when you complete the online purchase by following the guided procedure in the corresponding section of the Website. Once the purchase order has been placed, you will receive an e-mail confirming receipt of the order, indicating the order identification number and other data relating to the Product(s) ordered, in particular the characteristics of the Products, the applicable price including VAT (where applicable) and the shipping costs (if charged to you) ("Order Summary").

    3.3. The Order Summary only confirms that we have received your purchase request and does not mean that the order has been accepted. All purchase orders for a Product are subject to our specific and separate acceptance and will be considered accepted (and the online sales contract for the Product will consequently be considered concluded) only when you receive a separate e-mail confirming shipment of the Product ("Shipping Confirmation").

    3.4. With a single Order, provided that the Product(s) is/are available, you may request the purchase of one or more Products.

    3.5. The price and other sales conditions displayed on the Website in relation to the Products do not represent a purchase offer on our part addressed to the general public.

    Accordingly, even though we try to meet all the requests of our customers, we may in any case refuse an order at our discretion. In particular, and without any limitation, your order may be refused in the following cases:

    a) due to unavailability of the ordered Product(s);

    b) if we do not receive authorization to charge the total applicable cost of the Product(s) and any additional costs using one of the applicable payment methods;

    c) if the information you have provided proves to be incorrect or misleading (e.g. incorrect or insufficient payment details, incorrect billing details, incorrect or incomplete shipping address);

    d) if you do not meet the eligibility criteria set out in paragraph 2 above;

    e) when, at the time of purchase, the price indicated is clearly incorrect due to a material error recognisable as such (e.g. prices that are too high or too low compared to the prices normally applied to the same Product when no promotion is active that may explain the price indicated on the Website, incorrect calculation of VAT or other applicable taxes).

    3.6. If we refuse your order as indicated in paragraph 3.5 above, we will send you an e-mail communication of the order refusal and, if you have already made payment, you will receive a full refund. This refund will be made using the same methods used for the purchase, without undue delay and, in any case, within 10 (ten) business days from the communication of the order refusal.

    3.7. The information relating to the Products is as accurate and up to date as possible; however, any content on the Website must not be understood as a binding representation or statement in relation to the Products. All images, descriptions and illustrations are for indicative purposes only and, since colours depend on the monitor used, they may differ from those of the Products delivered.

    3.8. Upon receipt of the Shipping Confirmation, the contract for the online sale of the Product(s) ("Contract") will be considered executed and binding on you and on the Seller, except in the event of a material and recognisable error relating to the price, pursuant to paragraph 3.5 above. In the latter case, we reserve the right to cancel the order and shipment; you will be contacted to be informed and you will receive a refund for the transaction using the same payment methods used for the online purchase, without undue delay and, in any case, within 10 (ten) business days from the refusal of the order.

  4. PRODUCT AVAILABILITY AND SALES PRICES:

    4.1. For each item, the unit selling price is indicated in the relevant currency, inclusive of VAT and excluding shipping costs.

    4.2. Shipping costs may vary depending on the type of delivery, the quantity of products to be shipped, their volume, weight and destination; they will be shown during the purchase procedure and in the "Order Summary" form.

    4.3. eInvoice Srls reserves the right to apply discounted shipping conditions or not to apply any shipping costs, giving prior notice on the Website of the conditions of the offer.

    4.4. If unexpected events occur due to delays in the delivery of the Products, you will be promptly informed by e-mail, as well as in the event of temporary unavailability of one or more Products.

  5. RIGHT OF WITHDRAWAL AND APPLICABLE RETURN PROCEDURE:

    5.1. In accordance with Article 52 of the Italian Consumer Code, you have a right of withdrawal which you may exercise, without having to justify the reasons, within a period of 14 days from the date of receipt of the Products purchased through the Website. To exercise this right, it is sufficient to follow the procedure set out in paragraph 5.3 below before the expiry of the withdrawal period.

    5.2. You are required to take all necessary measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition, with undamaged original packaging, instruction manuals, any separate items and any other components. The Product must not have been handled other than to the extent necessary to establish its nature, characteristics and functioning. If these conditions are met, you will be entitled to a refund of the purchase price of the Product(s) concerned in accordance with the provisions set out below.

    5.3. To exercise your right of withdrawal, you must send us an e-mail to e-shop@baxter.it stating your decision to withdraw from the Contract. You will be provided with all the information on the procedure for returning the Product. While the goods remain in your possession, you will be responsible for the integrity of the Product.

    5.4. If you decide to return the Product, provided that the right of withdrawal from the Contract has been exercised within 14 days from delivery of the Product, we will refund you – using the same payment method used for the purchase – the payments received (with the exception of any additional costs arising from your choice of a type of delivery other than the standard delivery), without undue delay and, in any case, no later than 14 days from your communication of your intention to withdraw from the Contract.

    We may, however, postpone the refund until we have received the Products for which you have exercised the right of withdrawal or until we have proof that the returned Products have been shipped back to us, whichever event occurs first.

    If the return is due to an error by eInvoice Srls, the shipping costs will be borne by the Seller; in all other cases, shipping costs and any customs charges will be borne by you as the purchaser.

    5.5. In the event of valid exercise of the right of withdrawal, you will be invited to contact our authorised couriers in order to agree with them on the arrangements for collection of the Products. It should be noted that, depending on the type of Products and/or the structural characteristics of the place where the Products are to be collected, collection at home by the courier may not be possible (for example, because of bulky/heavy components that cannot be transported from upper floors due to the absence of lifts or to limitations on the use of lifts or hoists).

    5.6. No parcel shipped cash-on-delivery or freight-forward will be accepted by eInvoice Srls.

    5.7. If the returned Product proves to be damaged/malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alterations, tampering, improper maintenance, wear and tear or handling beyond what is necessary to establish its nature, characteristics and functioning, you will be fully responsible for payment of the Product price and related costs, including shipping costs and taxes, as originally agreed. Nor will we accept the return of Products whose serial numbers do not match those indicated on the loading invoice of the original delivery. Correct use of the Products purchased online is your responsibility.

    5.8. You may not withdraw from the Contract if the purchase concerns tailor-made or clearly personalised Products pursuant to Article 59(c) of the Italian Consumer Code (Legislative Decree No. 206/2005).

  6. SHIPPING AND TRANSFER OF PRODUCT RISK:

    6.1. The Products ordered will be delivered by Express Courier (national and international) to the delivery address indicated by you, normally within 2/3 business days from the Shipping Confirmation for deliveries within Italy and the European Union, and within 6/7 business days for non-EU shipments.

    6.2. Shipments are made from Monday to Friday. Any variation from the above will be promptly communicated to you by e-mail.

    6.3. Although we undertake to comply with the delivery times indicated, such times must be considered indicative and not binding, it being understood that, in accordance with the applicable legislation on consumer protection, we must ensure delivery no later than 30 days after conclusion of the Contract.

    6.4. In the Shipping Confirmation e-mail or shortly thereafter, you will receive the shipment tracking number, which you can use to check the shipment status of the purchased Product.
    Without prejudice to the above provision, if the Product you ordered has not been delivered to you within 10 days from conclusion of the Contract, please contact us at e-shop@baxter.it for information on the delivery status.

    6.6. Upon delivery of the Product, your presence or the presence of a person authorised to collect the Product and sign the relevant transport document for receipt is required. If the Product has not been delivered within the time limits indicated in the Shipping Confirmation e-mail or thereafter, you may contact us by e-mail at e-shop@baxter.it.

    6.7. If the courier offers a home delivery service, it should be noted that, depending on the type of Products and/or the structural characteristics of the place where the Products are to be delivered, home delivery by the courier may not be possible (for example, because of bulky/heavy components that cannot be transported from upper floors due to the absence of lifts or to limitations on the use of lifts or hoists).

    6.8. Installation is not included in the shipping and delivery service.

    6.9. The risk of loss and damage to the Product, for reasons not attributable to us, is transferred to you when the Product is physically in your possession or in the possession of a person authorised to collect the Product on your behalf.

  7. PRICES AND PAYMENT METHODS – CUSTOMS DUTIES AND IMPORT VAT:

    7.1. The prices applicable to the Products are those indicated on the Website for each individual Product, except in the event of a material and recognisable error as provided for in paragraph 3.5 (for example, prices that are too high or too low compared to the prices normally applied for the same Product when no promotion is active that could explain the price indicated on the Website, incorrect calculation of VAT or other applicable taxes). Unless otherwise specified before placing an order, the Product prices include the applicable VAT, updated at the current rate; shipping costs will be shown during the purchase procedure and in the “Order Summary” form (any customs duties payable by you will not be indicated in the “Order Summary”).

    7.2. We reserve the right to change, at any time, the price of the Products and the applicable shipping costs, it being understood that any changes will in no case affect contracts concluded before such changes.

    7.3. Currently, payment for the Products may be made through the following circuits and payment services: Shop Pay, Visa, Mastercard, American Express, Maestro, UnionPay, Apple Pay, Google Pay. Payment methods may be changed from time to time.

    7.4. Beneficiary: eInvoice Srls, with registered office in Magenta (MI), via Pusterla 3 – VAT No. 14097460969.

  8. LEGAL WARRANTY OF CONFORMITY FOR PRODUCTS:

    8.1. All Products purchased on the Website are covered by a legal warranty of conformity of 24 months from the date of delivery, pursuant to Articles 128 et seq. of the Italian Consumer Code (Legislative Decree No. 206/2005). The exercise of your rights in the event of a lack of conformity, as provided for in Article 8.2 below, is subject to a limitation period of 26 months from the date of delivery. In the absence of such exercise, you will no longer be entitled to the applicable remedy.

    8.2. Pursuant to Article 135-bis of the Italian Consumer Code, in the event of a lack of conformity of the Product, you have the right to have the Product brought into conformity, free of charge. To this end, you may normally choose between repair and replacement of the Products. This right of choice may not be exercised if the chosen remedy is impossible or, compared to the other remedy, would impose disproportionate costs on the Seller, taking into account all the circumstances, as provided for in Article 135-bis of the Italian Consumer Code (Legislative Decree No. 206/2005).

    8.3. Pursuant to Article 135-bis, paragraph 4 of the Italian Consumer Code (Legislative Decree No. 206/2005), you may be entitled to a proportional reduction of the price or termination of the sales contract only if the repair or replacement of the Products has not been carried out or it is evident that it will not be carried out, or if the lack of conformity is so serious as to justify an immediate price reduction or termination of the sales contract. Termination is not permitted if the lack of conformity is minor.

    8.4. To exercise your rights in the event of a lack of conformity of the Products, you may contact us at e-shop@baxter.it.

  9. FORCE MAJEURE:

    9.1. We cannot be held liable for failure or delay in the performance of our obligations hereunder due to circumstances beyond our reasonable and foreseeable control (the “Force Majeure Events”).

    9.2. Force Majeure Events include, but are not limited to, the following circumstances:
    a) strikes, lockouts and other industrial disputes;
    b) civil unrest and insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (declared or undeclared) or threats and preparations for conflicts;
    c) fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;
    d) inability to use public or private telecommunications systems;
    e) pandemics and lockdowns.

    9.3. The performance of our obligations under this “Terms and Conditions” document shall be deemed suspended for the period during which the Force Majeure Events persist. Notwithstanding the continuation of the Force Majeure Events, we will do everything within our power to find solutions that allow proper performance of our obligations.

  10. WAIVER:

    10.1. Failure to require compliance with any provision of this “Terms and Conditions” document does not affect the right of either party to require compliance at any time thereafter, and waiver of the exercise of a right arising from a breach of this “Terms and Conditions” document does not constitute a waiver of the exercise of a right arising from a subsequent breach of the same provision.

    10.2. No waiver by either party of any provision of this “Terms and Conditions” document shall be valid unless expressly declared as a waiver and communicated in writing.

  11. SEVERABILITY OF INDIVIDUAL CLAUSES:

    If any provision of this “Terms and Conditions” document is found to be unlawful or invalid, it shall not be regarded as forming part of the document and shall not affect the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.

  12. AMENDMENT: We reserve the right to amend this “Terms and Conditions” document at any time, giving specific notice on the Website.

  13. DATA PROTECTION: Your personal data will be processed in accordance with Baxter’s privacy policy, which can be consulted at https://www.baxter.it/it/privacy-policy.

  14. APPLICABLE LAW AND JURISDICTION:

    14.1. These T&C and all contracts concluded on the Website under these T&C are governed by Italian law.

    14.2. Without prejudice to the application to consumer customers who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular with regard to the time limit for exercising the right of withdrawal, the time limit for returning the Products in the event of the exercise of such right, the methods and formalities for communicating the same and the legal guarantee of conformity.

    14.3. For any dispute concerning the validity, interpretation or performance of these T&C and the purchase contracts concluded on the Website, you may choose to bring an action before the competent Italian court or the court having jurisdiction over your place of residence or domicile, while we, under this “Terms and Conditions” document and/or the individual Contracts entered into with you, may only bring an action before the court having jurisdiction over your place of residence or domicile.

    14.4. The possibilities of out-of-court dispute resolution provided for by the applicable regulations, including the European Commission’s Online Dispute Resolution (ODR) platform where you reside in a Member State of the European Union, remain unaffected.