General Terms and Conditions of Sale

1. Heart Sentinel S.r.l.
   1. HEART SENTINEL S.R.L., with its registered office in Parma (PR), Benedetto Cairoli Street, No. 15 – VAT number 02790040345, represented by its acting legal representative (hereinafter also referred to as the “Seller”), is the owner and operator of the website https://www.heartsentinel.net (hereinafter also referred to as the “Website”). 
   2. The Seller is an innovative company specializing in the development of algorithms dedicated to cardiac prevention. The company has developed two algorithms: Heart Sentinel™, capable of detecting a cardiac arrest and immediately sending messages to predefined numbers, providing the exact location to rescuers through geolocation, thus facilitating rapid and targeted assistance, and Rhythmiatm, capable of detecting the presence of atrial fibrillation, the most common cardiac arrhythmia, a frequent, unrecognized cause of cerebral strokes, due to the practical impossibility of long-term monitoring of heart rhythm using non-dedicated, easily wearable, and affordable devices, such as regular sports heart rate monitors. For more information, please refer to the Website.
2. Subject Matter
   1. These General Terms and Conditions of Sale regulate the management of orders and the purchase of products available on the website https://www.heartsentinel.net.
   2. The Seller conducts its e-commerce activities exclusively towards buyers who have reached the legal age, possess the legal capacity to enter into binding contracts, and qualify as Consumers (hereinafter also referred to as “Customers”) (B2C).
   3. The term “Consumer” or “Customer” refers, in accordance with Article 3 of Legislative Decree No. 206/2005, to any natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out.
   4. The products available on the Website may also be purchased by individuals who do not qualify as Consumers (B2B).
   5. The products can only be sold by the Seller on this Website unless otherwise expressly agreed in writing. Therefore, the Seller cannot be held responsible for the supply of goods on the Website by unauthorized third parties.
3. Information for the Conclusion of the Contract between Seller and Customer under Article 12 of Legislative Decree No. 70/2003
   1. The purchase contract for one of the products on the Website is concluded through the use of a telematic network.
   2. Once the Customer has accessed the Website, to select the products of interest, they must visit the specific page titled “Store.”
   3. If the Customer wishes to select a product, they must click on the image of the product of interest, select the size (Strap Size), the desired quantity of the product, and then click on the “Add to cart” button. Once the product selection is complete, the Customer must click on the “Checkout” button and proceed to complete the Shipping information as provided by the Seller, by entering the required data accurately and truthfully. In this window, the Customer will be able to review the summary of the selected products and choose the payment method, as further specified in Article 5.
   4. To confirm their product selection, the Customer must read, approve, and confirm these General Terms and Conditions of Sale, including clauses that may impose unfavorable conditions on the Customer, such as the right of withdrawal, as a mere example, the Privacy Policy, and the Right of Withdrawal Information (insert respective links).
   5. The Customer must then click on the “Place order now” button and will automatically receive an email confirming the order and the product selection made. With this email, the contract is considered concluded, and the purchase amount for the products, including fees, taxes, and charges, will be debited. This email will also contain references to these General Terms and Conditions of Sale, the Privacy Policy, and the Right of Withdrawal Information (insert respective links).
   6. Following this, the Customer may receive an additional email from the carrier in the days following to inform them about the shipment, the name of the courier, and the tracking number.
   7. The Seller informs the Customer that the contract will be automatically terminated if the payment method provided by the User does not provide sufficient solvency guarantees. Consequently, within 14 (fourteen) days following the receipt of the Order, the Seller will inform the Customer via the provided email address that the contract has been terminated, and the Order has been canceled, specifying the reasons for such action.
   8. If the products on the Website are no longer available for sale at the time of receiving the Order, the Seller will promptly, in any case, within 14 (fourteen) days from receipt of the Order, communicate the possible unavailability of the products. The Seller will refund the price and shipping costs already paid by the Customer within 30 (thirty) days from the receipt of the Order, and the sales contract will be deemed terminated.
   9. The term “SOLD OUT” informs the Customer that the products are currently unavailable.
   10. In the event of incorrect data entry by the Customer, they must immediately notify the Seller by sending an email to: info@heartsentinel.net. In this case, the Seller will make the necessary corrections.
   11. The available languages on the Website for concluding the contract between the Seller and the Customer are Italian and English.
   12. The Seller informs the Customer that the transmitted orders will be digitally archived on the Website’s server as required by law.
4. Warranties
   1. The Seller’s products are covered by a legal warranty of twenty-four (24) months for conformity defects, in accordance with applicable law and subject to forfeiture. The Consumer Customer must notify the Seller of such defects within two (2) months of their discovery at the following address: info@heartsentinel.net.
   2. Within fourteen (14) days from the receipt of the email mentioned in the previous paragraph, the Seller will assess the non-conformity reported by the Consumer Customer. In the case of a positive finding of the defect, the Consumer Customer must return the product to the Seller, with delivery costs borne by the latter, and will have the right to receive a full refund of the amount paid for the purchase of non-conforming products, which will be made, if possible, using the same payment method used by the Consumer Customer.
   3. In the case of a B2B contract, the preceding paragraphs do not apply, and the Seller’s products are covered by the legal warranty regulated by Article 1490 of the Italian Civil Code and subsequent regulations.
5. Product Prices, Taxes, and Fees
   1. The purchase prices of the products are those indicated on the Website at the time of transmission of the order by the Customer to the Seller and include taxes and fees.
   2. Shipping costs are fixed at €15 for each order placed by the Customer.
   3. However, the shipping costs mentioned in section 6.2, related to the delivery of products from this Website to a non-EU country, do not include any customs duties and any other sales tax. Therefore, the additional cost of customs clearance will be borne exclusively by the Consumer. The Seller encourages Users residing, domiciled, or residing in a non-EU country to contact the relevant authorities in their country of residence or destination of the products to obtain information on any customs duties or taxes applicable in their country.
6. Discounts and Sales
   1. The Seller may, at its discretion, apply sales and/or discounts to the products displayed on the Website. The discount and/or sale refers to the individual product to which it applies. In this case, the Customer may purchase the merchandise at a lower list price, which will be indicated by the Seller at the time of Checkout.
   2. The Seller will provide ample communication on the Website regarding the arrival of discounts and/or sales. In this context, the duration of the discount and/or sale will be indicated, including the start and end dates and times, as well as the percentage of the discount, which will be specified for each product.
   3. Discounted and/or sale items that need to be exchanged for any reason can be exchanged until stocks are exhausted.
7. Payments Methods
   1. For the payment of the product price, the Customer may use the following payment methods: a) Credit card (VISA and MASTERCARD); b) Reloadable credit and/or debit card (e.g., PostePay); c) Bank transfer.
   2. At the time of order submission by the Customer, the actual charge of the product price will be made. In case it is not possible to debit the amount, the Order will be canceled, and the contract will be considered terminated, as specified in Section 3.7.
   3. The Seller will not be responsible for any additional costs incurred by the Customer from their own credit institution for the use of the mentioned payment methods.
   4. The Seller informs the Customer that their financial information will be forwarded to credit institutions providing remote electronic payment services, without any third party having access to it in any way.
8. Right of Withdrawal
   1. The Seller informs the Customer that they may exercise the right of withdrawal in the cases and in the manner provided in the Right of Withdrawal Information (insert link), which is an integral and substantial part of these General Terms and Conditions of Sale.
   2. The Customer may not exercise the right of withdrawal in the cases of exclusion provided by Article 59, letter c) of the Consumer Code, specifically in the case of the supply of custom-made or clearly personalized goods, as well as in the case referred to in Article 47, paragraph 2 of the Consumer Code, which concerns small-value contracts negotiated outside of business premises. A small-value contract is one where the agreement value is less than or equal to €50, as stipulated by Italian and European regulations.
   3. In the case of a B2B contract, the right of withdrawal is excluded, and this article does not apply.
9. Intellectual Property and Patents
   1. The Seller informs that all names, logos – specifically the heart-shaped logo on the Website, as designed and outlined – every distinguishing sign, name, image, photograph, written or graphic text used on the Website or relating to the Products, as well as the domain https://www.heartsentinel.net, the Heart Sentinel™ and Rhythmia algorithms, and the software are and remain the exclusive property of the Seller and its successors, with no rights arising from accessing the Website or purchasing the Products.
   2. The contents of the Website, including images, may not be reproduced – in whole or in part – transferred, modified, or used for any purpose without the prior written consent of the Seller. The Heart Sentinel™ and Rhythmia algorithms are patented in Italy and the USA and have patent pending status in other European and non-European countries. Any use by third parties who are not patent owners or authorized is prohibited.
10. Limitation of Liability
    1. The Seller cannot be held liable in case of non-performance – in whole or in part – of the obligations specified in these General Terms and Conditions of Sale, for the conclusion of the online sales contract for the Website’s products, if such non-performance is due to and caused by unforeseeable events and/or natural events beyond its reasonable control. These events include catastrophic natural events, acts of terrorism, wars, popular uprisings, power outages, strikes by public and/or private workers, strikes and/or traffic restrictions by couriers and airline connections, pandemics, and any other malfunctions or issues related to internet usage.
    2. The above limitations of liability do not apply in cases where the Seller has acted with intent or gross negligence.
    3. The Seller assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of the Website and credit cards during the payment of purchased products, provided that the Seller has taken all applicable precautions at the time of the transaction.
11. Privacy Protection
    1. The Customer is informed that in order to proceed with the purchase of an order, personal data will be processed, which will be necessary exclusively for the aforementioned purposes in compliance with Regulation (EU) No. 2016/679 and Legislative Decree No. 196/2003 (Privacy Code), as amended by Legislative Decree No. 101/2018.
    2. The Seller invites the Customer to refer to the Privacy Policy (insert link) for full information on the processing of their personal data.
12. Applicable Law, Dispute Resolution, and Competent Jurisdiction
    1. These General Terms and Conditions of Sale are governed by Italian law, in particular by the Consumer Code and Legislative Decree No. 9 April 2003, No. 70 concerning electronic commerce, and will be interpreted accordingly, without prejudice to any prevailing mandatory rules of the Customer’s habitual residence country.
    2. In the event of any disputes arising regarding the application, interpretation, and execution of this contract, the Seller informs that, in accordance with Article 14 of EU Regulation No. 524/2013 and the ODR resolution provided by Statutory Instrument No. 500/2015, the European Commission has established an online platform for alternative dispute resolution (ODR – Online Dispute Resolution), accessible at the following link: http://ec.europa.eu/odr.
    3. If the ODR procedure mentioned in the previous point is not followed or if it is unsuccessful, the Consumer may refer to the competent ordinary judicial authority in accordance with applicable law. The competent jurisdiction is that of the Customer’s place of residence or elected domicile.
    4. These rules do not apply to cases in which the Customer is not acting as a Consumer but in the exercise of their business, commercial, or professional activity, in which case the exclusive jurisdiction will be that of Parma.
13. Amendments and Updates
    1. These General Terms and Conditions of Sale may be modified by the Seller at any time and will be effective from the date of their publication on this Website.
    2. These terms and conditions take effect as of the date of publication on the website, which is September 14, 2023.