LEGAL NOTICES

Effective Date: 10/06/2026

GENERAL SECTION
Article 1 – Identification of Eptamed
These Legal Notices have been prepared by Eptamed S.r.l., with registered office in Cesena (FC), Via Lama 101, ZIP Code 47521, tax ID and VAT number 04107210405, registered with the Romagna – Forlì-Cesena and Rimini Business Registry, REA FO-330060, Email [email protected],PEC [email protected], hereinafter referred to as “Eptamed.”
These terms govern access to the website www.eptamed.com, hereinafter referred to as the “Site,” registration, use of restricted areas, viewing of content, purchases, deliveries, software licenses, cloud services, applications, courses, events, and related services.
Article 2 – Definitions
For the purposes of these Legal Notes, the terms listed below, when capitalized, shall have the meanings specified below and shall be applied uniformly to the General Section, Section 1, and Section 2.

Account: the profile created by the Visitor or Customer to access restricted areas and features of the Site, the Software, or the Services.

App: a mobile, web, or desktop application owned by Eptamed or made available by Eptamed, including its versions, components, updates, and documentation.

Customer: the party—whether an individual or a legal entity—that enters into a contract with Eptamed through the Website, a restricted area, an Order, or another authorized channel.

Professional Customer: any entity acting in the course of its business, commercial, craft, or professional activities, including professionals, firms, companies, businesses, healthcare facilities, and private entities.

Public Client: the public administration, the contracting authority, the Local Health Authority (ASL), the hospital system, the National Health Service agency, or any other entity subject to public procurement regulations.

Terms of Use of the Site: the provisions contained in Part 1 of this document, which govern access to, browsing of, registration on, and use of the Site, Accounts, content, intellectual property, links, communications, and ancillary services of the Site.

Terms and Conditions of Sale and Supply: the provisions contained in Part 2 of this document, which govern sales, supply, licensing, the provision of services, and relationships with consumer, business, and government customers.

Consumer: a natural person acting for purposes unrelated to their business, commercial, craft, or professional activities, as defined by applicable consumer protection laws.

Digital content: data produced and provided in digital format, not provided on a physical medium.

Contract: the agreement entered into between Eptamed and the Customer, consisting—depending on the specific circumstances—of these Legal Notices, the Order, the Data Sheet, the supplementary terms and conditions, the manufacturer’s documentation, the DPA where applicable, and any other documents expressly referenced or accepted.

Customer Data: data, documents, information, content, images, files, and materials uploaded, transmitted, processed, stored, or handled by the Customer through the Software or Services.

Medical Device: A product classified as a medical device by the manufacturer and under applicable regulations, including any variants, configurations, accessories, or components classified as such.

Technical Documentation: in compliance with applicable regulations, the documentation accompanying the sale or supply of the Product, including labeling, instructions for use, warnings, safety information, declarations of conformity, certifications, UDI data, storage instructions, technical data sheets, and any other document provided by the manufacturer or required by law.

Eptamed: Eptamed S.r.l., as identified in Article 1.

Order: the contract proposal submitted by the Customer through the Website, a restricted-access area, a form, a platform, or another authorized channel, containing the requested Products or Services and the related specific terms and conditions.

Party: Eptamed or the Customer, taken individually; “Parties” refers to Eptamed and the Customer collectively.

Product: any tangible personal property, medical device, accessory, non-medical product, software, app, digital content, or other item offered or provided by Eptamed.

Product Sheet: The product sheet applicable to the specific Product or Service, in the version in effect at the time of the Order, including, where applicable, specifications, intended use, prices, warnings, instructions, requirements, limitations, and delivery times and methods.

Services: assistance, maintenance, hosting, configuration, integration, training, courses, events, digital content, cloud services, technical support, and any other ancillary or standalone services specified in the Order or in the Data Sheet.

Website: the website www.eptamed.com, including its pages, restricted areas, online store, interfaces, features, and any links to Apps and Services.

Software: programs, modules, portals, cloud components, object code, source code, interfaces, apps, updates, developments, customizations, migrations, and related documentation, within the limits specified in the Order and the Software Specification Sheet.

Durable medium: any medium that enables the recipient to store information addressed personally to them for a period of time appropriate to the purposes for which it is intended and to reproduce it identically.

Registered User: a Visitor who has created an Account through the Site’s registration process.

Visitor: any natural or legal person who accesses or interacts with the Site, regardless of whether they have registered or entered into a Contract.

The Customer’s classification will depend on the actual purpose of the relationship and not solely on the statement made in the registration form. The Professional Customer shall represent and warrant the authority of the person placing the Order, the accuracy of the tax and professional information, and that the requirements for access to restricted Products continue to be met.

Article 3 – Contractual Documents and Order of Precedence

Depending on the specific circumstances, the applicable documents include the General Section, the Website Terms of Use, the Terms of Sale and Supply, the Order, the Product and Service Specifications, any supplementary terms, any service levels, the manufacturer’s documentation, the instructions for use, the warnings, and the DPA, where applicable.
In the event of a conflict, the following shall prevail, in the order listed: mandatory provisions; for Public Customers, the call for bids, the specifications, the terms of reference, the agreement, the framework agreement, and the public contract; the individual Order; the Product and Service Sheet; the manufacturer’s mandatory documentation; the supplementary terms and conditions; and this document.

The terms and conditions provided by the Customer shall not become part of the Contract unless expressly accepted in writing by Eptamed. The applicable version shall be the one made available and accepted prior to registration, the Order, enrollment, or the commencement of the Service, as applicable.
Article 4 – Amendments and Applicable Version

Eptamed reserves the right to modify these Legal Notices for legal, technological, organizational, commercial, regulatory, security, or supervisory reasons. Any modifications will be published on the Website and will apply to uses, Orders, and Contracts entered into after they take effect.
Simply continuing to browse the Site does not constitute acceptance of the Site’s Terms of Use, the Terms of Sale and Delivery, consent to data processing, marketing consent, or specific approval of onerous clauses, nor does it modify contracts already concluded. For registration, Orders, Contracts, B2B clauses, and consents, the Site will require express, separate, and verifiable actions.

Changes to ongoing contracts will be communicated in a durable medium. In B2B relationships, the Customer may terminate the agreement in accordance with any terms specified in the Order or, in the absence thereof, within fifteen days of receiving notice, except for changes required by law, for security, regulatory compliance, or to ensure the continuity of the Service. In B2C relationships, mandatory provisions shall remain in full force and effect.

Article 5 – Criteria for Interpreting and Defining Eptamed’s Obligations

The Parties agree that these Legal Notices shall be interpreted in accordance with their literal wording, the nature of the relationship, the Customer’s category, the Order, the Product Sheet, the intended use of the Product or Service, and the official documentation provided by the manufacturer, owner, developer, or supplier.
Eptamed’s obligations shall be limited to the services expressly specified in these Legal Notices, the Order, and the Product Sheet. Unless expressly agreed in writing, such obligations shall not include diagnosis, prescription, clinical consultation,

custom design, configuration, integration, migration, training, ongoing support, tax, accounting, legal, or regulatory consulting, nor guarantees of economic, clinical, therapeutic, or commercial results.
In the event of any conflict or discrepancy between informational, commercial, or promotional content and the Product Data Sheet, label, instructions for use, warnings, declaration of conformity, technical documentation, or Order, the latter shall prevail, to the extent permitted by law. The Customer may not base any claims, clinical decisions, requests for functionality, or disputes on broad interpretations, extrapolations, or combinations of content not expressly approved by Eptamed.

The Professional Customer shall declare that it has assessed its organization, systems, and expertise, as well as the intended use of the Product or Service and its compatibility with its needs. The Customer agrees to cooperate, provide accurate data, follow instructions and warnings, implement security measures, perform verifications, backups, and checks on outputs, and promptly report any anomalies, complaints, or risks.

In dealings with consumers, mandatory provisions shall prevail. In B2B transactions and dealings with public-sector clients, exclusions, limitations, forfeitures, indemnities, and jurisdiction clauses shall apply to the extent they are valid and have been specifically approved.
Article 6 – Electronic Acceptance and Retention

The Legal Notices will be accessible via a hyperlink prior to registration, placing an order, or signing up, in a format that is readable, savable, and reproducible. The system will not allow the transaction to be completed without the required selections.
Eptamed will retain the user’s identifier, email address, declared role and permissions, date and time (including time zone), IP address (within the limits of privacy regulations), the form and URL used, the full text of the checkboxes, the status of individual selections, the version and hash of the documents, the Order, the Form, the professional verification, the confirmation sent on a durable medium, any signature or timestamp, and the revision history.

The file can be retrieved using an order number, account, email address, VAT number, professional code, or unique identifier. Simply storing a Boolean value will not be sufficient.
Article 7 – Privacy, Cookies, and Consent
The Privacy Policy and Cookie Policy will be published in the “Legal Documents” section. Data processing necessary for the performance of the Contract or to comply with legal obligations will not be subject to consent. Marketing, profiling, images, testimonials, and health data will be subject to separate, optional, and revocable consents.

The cookie banner will display “Accept,” “Reject,” and “Customize” on the same level. Non-essential cookies will be blocked until consent is given, and users can revoke their consent from the footer.
PART 1 – TERMS OF USE FOR THE
WEBSITE Article 8 – Access to and Use of the Website

The domain www.eptamed.com is used by Eptamed. Visitors may access the Site for browsing, registration, purchasing, and using authorized features. Any other use is prohibited.
The following are prohibited: unauthorized access, the use of another person’s credentials, the circumvention of security controls, web scraping, price manipulation, fraudulent orders, the introduction of malware, phishing, the uploading of illegal content, and any conduct harmful to the Site, Eptamed, or third parties. Eptamed reserves the right to suspend or discontinue the Site for maintenance, security, compliance, fraud, recall, non-payment, penalties, or by order of the authorities.

Article 9 – Intellectual and Industrial Property

The content of the Site, including text, graphics, images, photographs, videos, logos, trademarks, catalogs, data sheets, publications, courses, protocols, software, and databases, is protected by copyright and industrial property laws.
The content may not be copied, reproduced, transferred, stored, distributed, modified, systematically indexed, or used for commercial purposes without the prior written consent of Eptamed. Scraping, crawling, data mining, the creation of derivative databases, republication, use of trademarks, and reverse engineering are prohibited, subject to mandatory legal exceptions.

For Products manufactured by third parties, the rights shall belong to their respective owners. Eptamed will guarantee only those rights that it holds.
Article 10 – Information Provided by the Visitor
The Visitor shall be responsible for any opinions, suggestions, ideas, designs, inventions, documents, images, reviews, and other information submitted to Eptamed. The Visitor represents and warrants that he or she is the owner or licensee of the relevant rights and will not submit any material that is unlawful, invasive of privacy, defamatory, intimidating, offensive, confidential, spam, or harmful.

It will be prohibited to transmit photographs, scans, X-rays, fingerprints, health data, or patient information without an appropriate legal basis, privacy notice, and authorization. Eptamed shall have the right to refuse, remove, obscure, or store separately any content that is unlawful, harmful, excessive, or dangerous.
Unless otherwise agreed in writing, the Visitor grants Eptamed a non-exclusive, royalty-free license limited to the purposes of receiving, managing, securing, moderating, authorized publication, operating, and defending the service. Such transmission does not transfer ownership of the material.

Article 11 – Third-Party Links and Services

The Site may contain links to third-party websites, applications, platforms, manufacturers, carriers, providers, app stores, and services. Access is at the Visitor’s own risk.
Eptamed does not monitor the content, availability, security, privacy, compliance, or products of third parties, and the inclusion of a link does not constitute an endorsement. Eptamed shall not be liable for viruses, unauthorized access, or damages resulting from access to external websites, except where liability is mandatory by law.

Article 12 – Registration and Accounts

Registration is not contingent on a purchase and may be completed by Visitors who are of legal age and have the legal capacity to enter into contracts. It does not automatically confer the status of Customer, Consumer, or Professional Customer, nor does it confer the right to purchase any Product.
The Visitor must provide complete, accurate, and up-to-date information, safeguard their login credentials, and immediately report any theft, loss, or unauthorized access. Eptamed reserves the right to verify information and account status and to suspend or terminate the account in the event of false information, failure to verify, fraud, non-payment, violation of the terms and conditions, regulatory risk, or security risk.

Article 13 – Verification of Professionals

The Visitor must declare their professional category, country, professional association or registry, registration number, organization, VAT number, and any other information necessary for verification. The Visitor shall declare that they are acting for professional purposes or on behalf of the indicated organization and that the information provided is complete, up-to-date, and verifiable.
The Professional Customer agrees to use the devices in accordance with their intended use, the manufacturer’s instructions and warnings, not to transfer or resell them to individuals not qualified as patients, not to alter the packaging, label, or other technical documentation, and to report any changes, suspensions, or revocations of their license.

Registration, viewing the catalog, and account approval do not constitute a promise to sell, acceptance of the Order, a guarantee of availability, or authorization to use the Products.
Article 14 – Medical Devices and Health-Related Advertising
Eptamed will act as the manufacturer and/or distributor of the Products listed in the Product Sheets, exclusively in accordance with the role specified in the documentation for each individual Product. It will not act as a healthcare facility and will not make diagnoses, issue prescriptions, provide treatments, determine individual treatment plans, or guarantee results.

The information, descriptions, images, representations, scientific references, claims, and communications contained on the Website, in the Product Sheets, in informational materials, commercial communications, advertising campaigns, content published by third parties, and any other medium related to Eptamed must be interpreted exclusively in their descriptive, informational, and commercial sense, with regard to the Product to which they refer and the regulatory documentation. They do not constitute a diagnosis, prescription, individualized treatment recommendation, medical advice, clinical evaluation, promise of results, guarantee of efficacy, guarantee of absolute safety, certification of suitability for an individual patient, or authorization for use other than as intended.

The Professional Customer must verify the suitability of the Product for the specific case and may not base a clinical decision solely on advertising or informational content.

Eptamed shall not be liable for any interpretations, uses, reproductions, or communications made by a customer, healthcare professional, patient, or third party that deviate from the documentation.
Article 15 – Limitations Regarding the
Website
Eptamed does not guarantee the accuracy, timeliness, continuous availability, compatibility, or error-free operation of the Website, nor does it guarantee any results arising from the use of the Website. To the extent permitted by law, Eptamed shall not be liable for any direct, indirect, or consequential damages, or for any loss of profits, business opportunities, data, reputation, or business interruption arising from the Website, third-party services, providers, the network, or attacks or viruses not attributable to Eptamed.

Unconditional liability remains in cases of willful misconduct, gross negligence, personal injury, product liability, and consumer rights.
Article 16 – Governing Law and Jurisdiction for the
Website
These Terms of Use shall be governed by Italian law, subject to mandatory provisions. For B2B relationships, the Court of Forlì-Cesena shall have jurisdiction. For Consumers, the jurisdiction and mandatory protections of their respective country shall apply.

PART 2 – TERMS OF SALE AND DELIVERY
Article 17 – Subject Matter, Order, and Formation of the Contract
Eptamed sells or supplies, via distance selling, the Products and Services listed on the Website, in the Product Descriptions, or in the Orders.
Unless otherwise expressly stated, the publication of a Product or Service on the Website constitutes an invitation to the Customer to make a contractual proposal and does not constitute an irrevocable offer or an advance acceptance. Adding the Product to the shopping cart, viewing the Product Details page, creating or approving an account, submitting a registration request, providing payment information, receiving the automatic Order confirmation, and any other preliminary communication are purely preparatory in nature and do not constitute acceptance of the Order by Eptamed.
The Order shall constitute a contractual offer by the Customer. The automatic Order acknowledgment serves solely to confirm that the request has been received by Eptamed’s systems and shall not constitute acceptance, confirmation of availability, or conclusion of the contract.
The Order will be subject, even after receipt, to verifications regarding the Customer’s identity, legal capacity, and authority; professional qualifications; Product availability and compliance; country of destination; the possibility of export, import, and marketing; payment compliance; the absence of anomalies; fraud, sanctions, embargoes, trade restrictions, and risks to the supply chain.
Prior to acceptance, Eptamed reserves the right to request additional information, documents, guarantees, advance payment, clarification regarding the final destination, declarations from the end user, proof of professional qualifications, tax information,

local licenses or any other information reasonably necessary. Failure by the Customer to respond, or a delayed response, will entitle Eptamed to refuse the Order, suspend its fulfillment, or cancel it.
The contract shall be concluded exclusively upon Eptamed’s express confirmation, sent on a durable medium to the address provided by the Customer, or through a separate written acceptance of the Order. The confirmation may cover the entire Order or individual Products and Services. An automatic acknowledgment of receipt shall not be considered acceptance.

Confirmation may be subject to the availability of the Product, successful payment, professional verification, the completeness of the documentation, the Product’s compliance, the possibility of delivery, and the absence of any export, import, or marketing restrictions.
In the event of non-acceptance, Eptamed will refund any amounts received via the same payment method, unless technically impossible, required by law, or otherwise agreed upon. Cancellation due to unavailability, security, conformity, compliance, tax issues, customs, sanctions, export controls, or legal impossibility of delivery shall not constitute an acknowledgment of breach or liability on the part of Eptamed.

By using the point-and-click procedure, the Customer will confirm that they have accessed these Terms and Conditions of Sale and Supply, that they have been able to read, save, and reproduce them, and that they accept the terms applicable to their relationship with the Company. Professional Customers must also separately approve the clauses subject to specific approval.
Article 18 – Precontractual Information

Before finalizing the Order, the Customer will receive clear and understandable information regarding Eptamed’s identity, its registered office, contact information, the main characteristics of the Product or Service, the total price including applicable taxes, delivery costs, and other mandatory charges, payment methods, territorial restrictions, delivery times, the right of withdrawal, the statutory warranty, customer support, and any commercial warranties.

In dealings with Consumers, the information will be provided before the Consumer is bound by the terms and will form an integral part of the Contract. Where applicable, the following will also be provided: the identity and contact information for filing complaints, communication costs other than the base rate, the duration of the Contract, conditions for withdrawal or termination, the minimum duration of the Consumer’s obligations, deposits or financial guarantees, after-sales services, commercial warranties, any repairability index, and information on replacement parts, repairs, and maintenance.

For goods that include digital elements—such as software, apps, content, and digital services—the following information will be provided, where applicable: duration, access methods, technical requirements, functionality, technical protection measures, compatibility, interoperability, required updates, and the minimum update period, when specified by the manufacturer or supplier.

In dealings with consumers, clear information will be provided regarding the conditions, terms, and procedures for exercising the right of withdrawal; the direct costs of returning the goods; the circumstances under which the right of withdrawal may be excluded or forfeited; and the standard withdrawal form. If the consumer requests that the service begin during the withdrawal period, an express request will be obtained, and any proportional amount due will be indicated. For digital content not provided on a tangible medium, express consent to the commencement of service and acknowledgment of the loss of the right of withdrawal will be obtained, where required by law.

A reminder regarding the existence of the legal guarantee of conformity for goods, goods with digital elements, digital content, and digital services will be provided through the applicable harmonized notice, where applicable. The precontractual information may not be modified unless the Parties expressly agree otherwise.

The button that finalizes the purchase process will bear the wording “Order with obligation to pay” or another equivalent phrase that is unambiguous and sufficient to make the Customer aware of the obligation to pay. In dealings with Consumers, pre-contractual information and the confirmation of the Contract will be provided in accordance with the applicable mandatory regulations.

Article 19 – Acceptance and Rejection of the Order

Product availability is subject to change until expressly confirmed by Eptamed. Products may be unavailable due to simultaneous sales, technical or IT errors, manufacturer unavailability, withdrawal, recall, suspension of marketing, regulatory changes, or instructions from the manufacturer or the competent authority.

Even after confirmation, the product may be partially or completely unavailable. In such cases, Eptamed reserves the right to correct or cancel the Order, notifying the Customer and providing details on the method and timing of any refunds for amounts already received.
Eptamed reserves the right to refuse or cancel the Order in the event of a manifest error regarding the price or description, failure to verify eligibility, inaccurate information, unauthorized payment, fraud, abnormal quantities, an Order intended for unauthorized resale, inability to import or market the product, sanctions, embargoes, export controls, incomplete documentation, risk to the supply chain, or instructions from the manufacturer or regulatory authorities.

Product availability may vary depending on the customer’s status, professional category, country of destination, intended use, and the availability of regulatory documentation.
Article 20 – Prices of Products and Services, Payments, and Taxation
Prices for Consumers will include applicable taxes and clearly indicate mandatory shipping costs and other chargeable fees. For Professional and Public Sector Customers, VAT, reverse charge, split payment, OSS, IOSS, duties, and taxes will apply in accordance with the law, the destination, and the nature of the transaction.

Prices will be expressed in the currency indicated on the Website or in the Order. International customers assume the risk associated with currency conversion and exchange rates.
Eptamed reserves the right to change prices at any time prior to acceptance of the Order. The Order will be invoiced based on the price indicated in the summary and confirmation, barring any obvious errors.

In the event of a computer, manual, or technical error resulting in a ridiculously low or exorbitant price, Eptamed shall have the right to cancel the Order and refund any amount paid.
Eptamed reserves the right to apply different discounts and pricing terms based on the Customer’s category, professional status, country, order volume, Product, sales channel, and intended use, subject to competition laws and applicable regulations.

Payments must be made using the methods indicated on the Website, in the Order, or in the Product Details page. The Customer represents that they have full authority to use the chosen payment method and that they have sufficient funds available.
In B2B transactions, failure to pay or late payment shall result—without the need for a formal notice of default where permitted—in the application of late payment interest as provided for by Legislative Decree 231/2002, the forfeiture of the benefit of the payment term, the suspension of accounts, licenses, services, supplies, and further orders, the refusal to provide new services, termination of the contract, and the recovery of costs and damages.

Article 21 – Currency, Exchange Rate Risk, and Payment Costs

If the Customer makes payment in a currency other than the billing currency, any risk arising from exchange rate fluctuations, conversions, rounding, spreads, intermediary fees, and differences between the Order date and the date the funds are credited shall be borne entirely by the Customer.
The Customer must pay Eptamed the full amount shown on the invoice, without any deductions for bank fees, exchange commissions, correspondent bank fees, international transfer costs, bank fees, credit card issuer fees, payment network fees, or other charges applied by the Customer’s financial institution or intermediary.

Any fees charged by the payment service provider, the bank, the card issuer, the payment network, or other intermediaries will be borne by the Customer to the extent permitted by law and will be disclosed to the Consumer prior to placing the Order, when requested.
Payment shall be deemed to have been made only when the net amount due has been credited to the account specified by Eptamed. In the event of a chargeback, reversal, revocation, unpaid balance, or payment dispute not attributable to Eptamed, the Business Customer shall remain obligated to pay the price, interest, fees, collection costs, and any damages. Eptamed reserves the right to suspend accounts, licenses, Services, and further deliveries until full payment is received.

Article 22 – International Taxation, VAT, Customs Duties, and Exports

The Customer shall be responsible for the accuracy of the tax information, tax status, VAT number, tax ID number, billing address, country of destination, end user, and documentation provided to Eptamed. Eptamed will apply the VAT regime deemed correct based on the available information, the nature of the transaction, the Customer’s status, the place of departure and arrival of the goods, the agreed terms, and applicable law. The application of a non-taxable, exempt, reverse charge, OSS, or IOSS regime will be subject to the existence and proof of the relevant conditions.

The Professional Customer shall authorize Eptamed to verify the VAT number through VIES or equivalent systems. Formal verification of the number shall not replace proof of actual transport, export, import, destination, and end user. If, as a result of inaccurate data, insufficient documentation, lack of cooperation, irregularities in transportation, incorrect classification of the transaction, or a subsequent challenge by the authorities, Eptamed is required to pay VAT, duties, taxes, interest, or penalties, the Professional Customer shall be required to reimburse such amounts, in addition to reasonable consulting and administrative costs, to the extent permitted by law.

In chain transactions, drop-shipping, and cross-border e-commerce sales, the Customer must provide advance notice of the structure of the transaction, the parties involved, the place of departure, the route of the goods, the final recipient, and any other information necessary for proper tax classification.

Article 23 – Delivery, Transportation, EXW Terms, and Retention of Title with Respect to the Products

Eptamed will deliver the Products within the timeframes indicated at checkout, in the Product Listing, or in the confirmation. Unless expressly and specifically agreed upon in writing, all costs related to special packaging, handling, pickup, transportation, insurance, porterage, customs clearance, storage, storage, redelivery, delivery to a specific floor, installation, assembly, disposal of packaging, duties, and local charges shall be borne in full by the Customer.

In B2C transactions, risk shall pass upon physical delivery to the Consumer. In B2B transactions and international sales, unless otherwise agreed in writing in the Order, the standard delivery term shall be EXW – Ex Works Incoterms® [version to be specified], at the location specified in the Order.
Under EXW terms, the Product shall be deemed delivered and the risk shall pass to the Customer at the moment it is made available to the Customer at the agreed location, even if the Customer or the carrier appointed by the Customer fails to pick it up. Eptamed shall not be required to arrange transportation, take out insurance, verify the carrier chosen by the Customer, or be liable for loss, damage, delay, theft, failure to pick up, or incorrect delivery occurring after the Product has been made available.

The Customer must provide, with sufficient advance notice, the name of the carrier, pickup instructions, the necessary documents, and any requirements of the destination country. Failure to provide this information or incomplete instructions will entitle Eptamed to delay the release of the goods and to charge storage and demurrage fees.
When, for operational reasons, Eptamed engages a carrier at the Customer’s request or in the Customer’s interest, such engagement shall not alter the EXW delivery terms nor shall it result in Eptamed assuming any risk. The costs will be charged to the Customer, and the carrier will act as the Customer’s agent, unless otherwise agreed in writing.

In B2B transactions, Eptamed shall retain title to the Product until full payment has been made, unless otherwise required by law or agreed upon. Upon receipt of the Product, the Customer must verify the packaging, quantity, codes, lot number, and UDI, and report any discrepancies.
Article 24 – Sales Outside the EU, Customs, and Export Controls

The international Customer must verify the importability, registration, language, labeling, local authorizations, and the possibility of marketing or using the Product in the destination country. Customs duties, local taxes, customs clearance, brokerage fees, registrations, translations, and storage will be at the Customer’s expense unless otherwise agreed.
Article 25 – Medical Devices, Data Sheets, and Surveillance

Eptamed will verify, within the scope of its role, the CE marking, the EU Declaration of Conformity, the manufacturer’s information, the importer’s details, the UDI, and storage and transport conditions. If it determines or has reason to believe that the Product is noncompliant—including as a result of subsequent reports—it will not make it available and will notify the relevant parties and competent authorities.

The Technical Documentation accompanying the Product shall include the code, manufacturer, class, intended use, user, UDI (where applicable), warnings, contraindications, storage instructions, usage instructions, and status. Eptamed will maintain records of complaints, nonconformities, withdrawals, and recalls. The Customer must immediately report incidents, complaints, and suspected nonconformities and cooperate with corrective actions.

The report will include the order, product, code, lot number or UDI, date, description, photographs, storage conditions, and request. Eptamed will assign a code, assess the severity, suspend the lot if necessary, notify the manufacturer and authorities, coordinate the recall or withdrawal, and record the closure.
The Customer must submit the report via email to [email protected]. Eptamed will respond within fifteen business days, unless the matter is complex, requires obtaining information from the manufacturer, or is subject to confidentiality or regulatory obligations.

Article 26 – B2B Terms and Conditions, Warranty, and Indemnification

The Professional Customer shall represent and warrant their status, powers of representation, and the accuracy of their tax and professional information. They must report apparent defects within eight days and hidden defects within eight days of discovery, or within the time limits established by law. Returns require written authorization.
The Customer shall be responsible for clinical decisions, patient care, informed consent, fitting, use, storage, monitoring, and compliance with instructions. The Customer must indemnify Eptamed against any claims arising from such activities or from improper use, except in cases of liability directly attributable to Eptamed, willful misconduct, gross negligence, personal injury, or strict liability.

Eptamed reserves the right to suspend accounts, orders, and shipments due to nonpayment, false information, unverifiable eligibility, non-compliant use, violation of instructions, regulatory risk, recalls, penalties, fraud, or failure to cooperate.
Except for mandatory liability, Eptamed shall not be liable for lost profits, loss of revenue, customers, data, reputation, opportunities, business interruption, penalties owed to third parties, or indirect damages. The maximum liability shall be the price of the disputed Order.

In B2B transactions, the Customer may not offset or suspend payments due to disputes related to other Orders, unless required by mandatory law or otherwise agreed in writing.

The Products, their packaging, labels, images, trademarks, names, designs, models, patents, inventions, documentation, technical materials, content, databases, know-how, and any other incorporated or associated elements may be protected by industrial and intellectual property rights held by Eptamed, the manufacturer, or other rights holders. The sale or supply of the Product shall not entail any assignment, transfer, or grant of such rights, nor shall it confer upon the Customer any rights beyond those expressly provided for in the Contract, the Order, the Product Specification Sheet, and the Technical Documentation.

Products intended for dental use must be used exclusively in accordance with their intended use, indications, warnings, instructions for use, user requirements, and other restrictions set forth in the Technical Documentation and applicable regulations. It is prohibited to use, adapt, modify, assemble, recondition, distribute, or make the Product available for purposes other than those authorized and, for Products intended for dental use, for purposes unrelated to dental use, except as expressly permitted by the Technical Documentation or as previously authorized in writing by Eptamed and the holder of the relevant rights, if different.

Unless otherwise authorized in writing by Eptamed, the Professional Customer is prohibited from reselling, redistributing, licensing, making available, or transferring the Products to third parties, as well as from using the Products, materials, content, images, Technical Documentation, Eptamed’s trademarks, or know-how in the context of courses, seminars, demonstrations, training, informational, or promotional activities organized or conducted by third parties. It is also prohibited to use the Product or related materials to train, educate, or instruct individuals other than the authorized users specified in the Order or in the Product Sheet, unless such activity has been expressly authorized by Eptamed.

The authorization, if granted, must be in writing and specify at least the Product, the authorized parties, the purpose, the duration, the geographical scope, the terms of use of the trademarks and materials, any supervision obligations, and any restrictions on reproduction or distribution. The authorization shall not confer any industrial or intellectual property rights and shall not permit any modifications to the packaging, label, Technical Documentation, intended use, or claims regarding the Product.

The Consumer’s inalienable rights, the provisions governing the statutory warranty, the rules on product liability, and any limitations arising from the exhaustion of rights or other mandatory provisions remain unaffected. The prohibition on resale shall not limit the Consumer’s right to dispose of the goods within the limits permitted by law, but shall prohibit the unauthorized use of Eptamed’s trademarks, materials, Technical Documentation, and content for commercial, educational, or promotional activities.

Any unauthorized use, resale, or redistribution; use in third-party training activities without authorization; and unauthorized reproduction or dissemination of the materials shall constitute a breach of the Agreement and, where applicable, a violation of industrial and intellectual property rights. In B2B relationships, such conduct shall entitle Eptamed, to the extent permitted by law, to suspend the provision, license, or access to the Services; to demand the cessation of use, the return or removal of the materials; to seek compensation for damages; and to terminate the Agreement.
Article 27 – Public Clients
The call for bids, specifications, terms of reference, agreement, framework agreement, order, platform, public contract, and mandatory provisions shall prevail.

The Customer must provide the CIG, CUP, directory code, and SDI data. Electronic invoicing, split payment, traceability, acceptance testing, penalties, and payback will apply in accordance with the lex specialis.
The standard terms and conditions shall apply only on a residual basis and shall not derogate from the jurisdiction, competence, form, terms, and remedies of the public contract. Any extensions, modifications, substitutions, equivalents, renegotiations, or penalties must be set forth in the applicable documents and procedures.

Article 28 – Consumer Withdrawal

The consumer has the right to cancel the purchase within fourteen days, without providing a reason and without incurring any costs other than those required by law, by means of an explicit statement, email, certified email (PEC), or online form.

For Services, the term shall begin on the date the Contract is concluded. For goods, the period will begin on the day the Consumer or a third party designated by the Consumer, other than the carrier, takes physical possession of the goods; in the case of multiple goods ordered in a single Order, from the last item; in the case of periodic deliveries, from the first item. For digital content not provided on a tangible medium, the period will begin on the date the Contract is concluded.

The Product must be returned within fourteen days of notification of withdrawal. The Consumer will bear the direct costs of the return if he or she was previously informed of this obligation. The Consumer will be liable for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

The refund will be issued without undue delay and, in any case, within fourteen days of notification of withdrawal, using the same payment method used by the Consumer, unless otherwise agreed. Eptamed may withhold the refund until it receives the Product or until proof of shipment is provided. Standard shipping costs will also be refunded, while any additional costs resulting from the choice of a shipping method other than the least expensive one offered will not be refunded.

If the Consumer expressly requests that the provision of the Service begin during the withdrawal period, the Consumer will be required to pay an amount proportional to the portion of the Service already performed up to the time the withdrawal is communicated. A Service that has been fully performed shall not be subject to withdrawal if the performance began with the Consumer’s prior express consent and with the Consumer’s acceptance that the right of withdrawal would be forfeited upon completion of the Service.

For digital content not provided on a tangible medium, the right of withdrawal shall be excluded if performance has begun with the Consumer’s prior express consent, the Consumer has acknowledged that they forfeit the right of withdrawal, and confirmation of the Contract has been provided in accordance with the law.

The right of withdrawal shall not apply in the cases provided for by law, including the supply of goods made to measure or clearly personalized, goods that are liable to deteriorate or expire rapidly, sealed goods that are not suitable for return for reasons of hygiene or health protection and that have been opened after delivery, goods that have been inseparably mixed with other goods, sealed audio or video recordings, or sealed software that has been opened after delivery, services related to leisure activities with a specific date or period of performance, and other cases provided for by applicable law.

Article 29 – Legal Warranty

Eptamed shall be liable for lack of conformity in accordance with applicable law. Eptamed shall be liable for lack of conformity in accordance with applicable law. With respect to goods, the Consumer may request, at no cost, that conformity be restored through repair or replacement, unless this is impossible or would entail disproportionate expense. In the cases provided for by law, if such remedies are not feasible, are not carried out within a reasonable time, or cause significant inconvenience, the Consumer may request a proportional reduction in the price or the termination of the Contract.

For goods with digital elements, digital content, and digital services, Eptamed shall be liable for any lack of conformity with the contractual and objective characteristics required by law, including functionality, compatibility, interoperability, continuity, security, accessories, instructions, and required updates. Eptamed will provide the necessary updates for the period specified in the Contract or reasonably expected by the Consumer, taking into account the nature and purpose of the Product or Service.

The Consumer may report the Order, Product, and defect to [contact information to be provided], indicating, where possible, the delivery date, a description of the defect, and the requested remedy, and attaching any available documentation. No provision shall limit the statutory warranty, remedies, updates, or rights regarding digital content.

The statutory warranty will be distinct from any commercial warranties, which will apply in addition to—and not in lieu of—the Consumer’s mandatory rights.

Article 30 – Software

The Software is provided to the Customer under license. Unless otherwise agreed in the Order or the Data Sheet, the license shall be for a fee, non-exclusive, temporary, non-assignable, non-transferable, and non-sublicensable, within the limits set forth in the Order and the Data Sheet. Configuration, migration, customization, integration, training, support, and development will be included only if expressly agreed upon.

Eptamed reserves the right to modify, suspend, or migrate features for security, technological, interoperability, legal, or sustainability reasons, and to delete data sixty days after termination, subject to legal obligations, litigation, and regulatory oversight.

The fees will be those indicated in the Data Sheet or in the Order; unless otherwise specified, payment must be made at the time of the Order. Delays will result in interest charges, suspension, and termination. Unless otherwise specified, the license will be valid for one year and will be renewed unless canceled in accordance with the terms specified in the Software Data Sheet or the Order.

The License shall cover only the Software, modules, features, number of users, workstations, environments, geographic area, and term specified in the Order and the Software Specification Sheet. Any additional use, even if temporary, shall constitute unauthorized use.

The License shall be personal to the Customer, non-exclusive, for a fee, limited, non-transferable, non-assignable, non-sublicensable, and may not be used by affiliates, customers, suppliers, collaborators, or third parties other than authorized users, unless expressly authorized in writing.

The Customer must provide the necessary hardware, operating systems, browsers, network, connectivity, mobile devices, authentication systems, and any other technical requirements. The Customer shall be solely responsible for verifying the compatibility and security of its systems.

The Customer may not circumvent technical restrictions, disable controls, share Credentials, create shared accounts, use licenses in excess of the authorized number, reproduce, modify, adapt, translate, create derivative works, publish, market, or grant access to third parties.

The Software will be accessible via a portal using the login credentials provided by Eptamed. The Customer will be responsible for all use made through its account, even when such use is carried out by employees, contractors, consultants, or third parties to whom the login credentials have been disclosed.

Eptamed may verify—including through automated means—the validity, scope, duration, number of users, installation environment, and compliance with the license terms. These verifications may involve the collection of technical data, logs, and information necessary for managing the License, in accordance with the Privacy Policy.

If the Software is counterfeit, has not been validly activated, is being used beyond its limits, or lacks a valid license, Eptamed may suspend or deactivate access, without prejudice to its right to seek payment, compensation, and termination.

Updates and enhancements, including add-ons, modifications, improvements, customizations, patches, and bug fixes, will be provided exclusively with respect to the licensed Software and within the scope of the Order.

Unless otherwise agreed, updates will not include new features, data migrations, integrations with third-party systems, training, functional analysis, development based on customer specifications, on-site support, or guaranteed service levels.

Eptamed may replace, migrate, modify, or remove features for reasons related to security, technology, interoperability, compatibility, sustainability, regulatory changes, or the termination of vendor support. The Customer must promptly install security updates and adapt its systems accordingly.

Eptamed may make apps available for certain features. The catalog, features, technical requirements, and supported operating systems are subject to change. The apps will be licensed to the Customer on a non-exclusive, temporary, non-transferable, and limited basis.

App stores will be managed by third parties. Eptamed does not guarantee indefinite availability, continued presence in the store, compatibility with every device, the ability to update the app, or continuity of service. The Customer must comply with technical requirements, updates, and security measures.

Ownership of the rights to the Software, object code, source code, interfaces, preparatory works, documentation, Updates and Enhancements, derivative works, Apps, trademarks, logos, names, and distinctive marks shall remain with Eptamed or the licensors.

Any use not expressly authorized shall constitute a violation of intellectual property rights and shall entitle Eptamed to seek cessation, restitution, removal, compensation, and termination.

Eptamed does not guarantee the absolute absence of bugs, uninterrupted continuity, suitability for undocumented needs, integration with unlisted systems, financial results, the accuracy of output, or the Client’s compliance with tax, accounting, clinical, regulatory, and legal requirements.

The Customer must verify all processing, invoices, records, outputs, communications, and data before using them with patients, customers, authorities, or third parties.

Except in cases of willful misconduct, gross negligence, personal injury, or strict liability, Eptamed shall not be liable for data loss, business interruption, loss of profits, lost revenue, loss of business opportunities, penalties, delays, cyberattacks, unauthorized access, or the Customer’s systems or third-party services. Total liability shall be limited to the fees paid in the year of the event, unless otherwise agreed in writing.

The Customer may not assign, transfer, grant, sublicense, or allow third parties to use the Software or Services without written consent. Excessive use, infringement of intellectual property rights, failure to pay, unlawful use, privacy violations, the uploading of unlawful content, insolvency, bankruptcy proceedings, and breach of material obligations shall entitle Eptamed, to the extent permitted by law, to suspend or terminate the relationship and to seek compensation for damages.

Eptamed will not manufacture, store, or inspect the products or services advertised by third-party suppliers through the Software, except as expressly stated. Claims regarding such products or services must be directed to the third-party seller, subject to any mandatory provisions of law.

If the Profile includes advertising space, the advertiser shall ensure that it holds all necessary rights and authorizations and shall indemnify Eptamed against any claims arising from text, images, banners, landing pages, products, services, claims, promotions, privacy, competition, or healthcare advertising.

Eptamed reserves the right to reject, suspend, or remove advertisements that are unlawful, misleading, non-functional, inconsistent, infringe on rights, or violate security, public order, or Eptamed’s advertising policy. Such review shall not constitute substantive approval of the legality of the advertisement.

Article 31 – Courses

The course description will include the curriculum, instructors, location, format, duration, price, materials, prerequisites, certificate, attendance requirements, and cancellation policy. Enrollment is personal and non-transferable.
Customers participating in the course, whether online or in person, must respect safety protocols, conduct standards, the venue, instructors, and other participants, and may not record, photograph, reproduce, or distribute any materials without prior written authorization from Eptamed. This prohibition also applies to photographs or videos taken using personal devices, as well as recordings made by participants, accompanying persons, instructors, or third parties present at the event.

The Customer may not photograph or record patients, models, documents, devices, confidential materials, slides, protocols, laboratories, or other participants. Eptamed may authorize individual recordings in writing, specifying their subject matter, duration, purpose, storage methods, and prohibition on distribution.

Eptamed reserves the right to change the schedule, location, program, or instructor due to force majeure, safety concerns, unavailability, or organizational needs. The use of images and testimonials will require separate consent. Certificates will be issued only if the requirements and accreditation have been effectively met.
Article 32 – Customer Information

Eptamed will process Data only to the extent necessary for the Service, the Contract, compliance with the law, or security. It may refrain from carrying out instructions that are manifestly unlawful and may communicate the reasons for doing so.
Eptamed may engage data processors that guarantee adequate safeguards. It will provide fifteen days’ advance notice of such engagement; the Customer may object on documented grounds. If no resolution is reached, the Customer may terminate only the affected Service.

Eptamed will implement appropriate technical and organizational measures, including encryption, pseudonymization where appropriate, access control, multi-factor authentication, backups, recovery, TLS, updates, testing, log monitoring, training, and business continuity. The Customer must protect credentials, systems, devices, and data extracted from the Eptamed environment. Eptamed will notify the Customer without undue delay after ascertaining a security breach and will provide any information reasonably available. The Customer shall remain responsible for notifying the relevant authorities and data subjects, unless otherwise required by law.

Upon termination of the Service, Eptamed will make the data available for retrieval for the period specified in the Order and will subsequently delete it, subject to legal obligations, litigation, security, regulatory compliance, and backups that are not immediately accessible.
Eptamed will process the Customer’s data for registration, professional verification, performance of the Contract, payments, delivery, support, Software, training courses, complaints, oversight, security, tax compliance, fraud prevention, and the defense of its rights. Marketing and profiling will be carried out only on the applicable legal basis and, where necessary, with separate consent. The data may be disclosed to IT providers, hosting providers, payment processors, couriers, consultants, registrars, manufacturers, authorities, sub-processors, affiliated companies, potential buyers, and debt collection agencies.

Transfers outside the EEA will be carried out pursuant to an adequacy decision, standard contractual clauses, or other safeguards provided for by the GDPR. Data will be retained for the period necessary to fulfill the relationship, tax and regulatory obligations, supervisory requirements, statutes of limitations, and defense purposes; marketing data will be retained until revoked and for the period documented in the Privacy Policy.

The Customer may exercise the rights provided for by law by sending an email to [email protected] and may file a complaint with the Data Protection Authority.

Article 33 – Complaints and Disputes

A Consumer who wishes to dispute a Product or Service must first file a complaint with Eptamed using the contact information provided on the Website, describing the facts, the Order, the Product or Service in question, and the request, and attaching any available documentation. Eptamed will review the complaint and communicate the outcome within a reasonable timeframe, taking into account the nature and complexity of the dispute.

If the complaint is not resolved, Eptamed will inform the Consumer whether it intends to participate in an ADR procedure and, if so, will indicate the competent body, its website, how to access the procedure, any applicable conditions, and the costs of the procedure. Unless required by law or specific industry regulations, Eptamed’s participation in the ADR procedure will remain voluntary. Failure to reach an agreement or to participate shall not constitute an acknowledgment of the validity of the Consumer’s claim and shall not prejudice Eptamed’s right to assert any exceptions, defenses, and rights before the competent authority.

In B2B transactions, Eptamed shall have the right to propose negotiation, mediation, conciliation, or a settlement. A complaint shall not suspend payments, unless otherwise provided by law, a public contract, or a written agreement.

Article 34 – Governing Law and Jurisdiction
The B2B terms and conditions shall be governed by Italian law and, unless otherwise provided by a framework agreement or mandatory provision, the exclusive jurisdiction of the Court of Forlì-Cesena shall apply. In international B2B transactions, the Vienna Convention shall be excluded where validly agreed. For Public Sector Clients, the public contract, along with the relevant jurisdiction, competence, and remedies, shall prevail. For Consumers, the jurisdiction and mandatory protections of the applicable country shall apply.

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