1. Validity
1.1. These General Terms and Conditions of sale, rental and delivery (hereinafter “General Terms and Conditions”) apply to any sales contract, rental agreement, loan-for-use agreement, trial-use agreement, service agreement or offer involving VALIAMO s.r.l. (hereinafter also referred to as “VALIAMO”).
These General Terms and Conditions form an integral part of all contracts entered into by VALIAMO with its Clients and commercial partners (hereinafter also collectively referred to as “Clients” or individually as “Client”) in relation to the above-mentioned agreements.
They also apply to all future activities, sales, deliveries, service supplies, or offers made to the Client, even if not explicitly approved on each occasion.
1.2. By submitting a Purchase Order or a Usage Agreement, the Client unconditionally accepts these General Terms and Conditions. Neither VALIAMO nor any of its subsidiaries shall be bound by any terms or conditions proposed by the Client or by third parties, even if VALIAMO has not expressly rejected such terms. Any reference by VALIAMO to correspondence containing the Client’s or third parties’ terms and conditions shall not constitute acceptance or recognition of their validity or enforceability.
1.3. Any special conditions agreed upon with the Client in specific cases (including supplements or amendments) shall prevail over these General Terms and Conditions. With regard to the content of such special conditions, a written contract or, where applicable, written confirmation by VALIAMO shall prevail.
1.4. Unless otherwise specified, “Device” refers to the headset together with audio headphones, 2 controllers, a case, charging accessories, and fitting accessories as described in the documentation. “Software” refers to the “Realica VR” program installed by VALIAMO on the headset. “System” means the Device together with the Software installed under a temporary user license.
2. Products Under Rental, Loan-for-Use, Trial Use or Demonstration Use
2.1. The Client agrees to use the System personally—at least within the scope of their business structure—and not to transfer or deliver it to any third party under any circumstance. The System must remain at the same address to which it was delivered or shipped, without exception.
2.2. The Client is responsible for any damage, deterioration, loss, theft, or improper use of the Device, as well as for fines or any charges resulting from violations of applicable laws or regulations.
2.3. The Client agrees to return the Device, together with all accessories and documents, within the time and at the location specified in the “Usage Agreement,” in the same condition in which it was delivered, including cleanliness, except for wear proportional to the duration of use. Upon return, the Client must inspect the Device and immediately report any discrepancies compared to the condition described in the Usage Agreement at delivery.
If the Client fails to perform such inspection, they expressly authorize VALIAMO to charge the cost of any damages found, even after the return. The Device must be returned at the Client’s cost and risk, in proper protective packaging, to VALIAMO’s designated address.
2.4. If the Device (and/or its accessories) is not returned at the time and place indicated in the Usage Agreement, the Client agrees to pay a daily penalty of €50.00 per day—even for partial days—until return, without prejudice to further compensation, unless VALIAMO has provided written authorization to extend the usage period. During any authorized extension, the agreed fee shall apply; once expired, the penalty resumes.
If the delay exceeds 15 calendar days, ownership of the Device shall be deemed transferred to the Client, who must pay the full purchase price of the device (including all software components) according to VALIAMO’s current price list.
2.5. In case of early return before the agreed return date, no refunds will be issued for unused days.
2.6. In case of malfunction or upon request by VALIAMO, the Device must be returned. VALIAMO will replace it depending on availability, at no cost to VALIAMO, while retaining the right—at its sole discretion—not to provide a replacement in cases of insolvency, theft, fire, negligence, or damage to the Device.
2.7. Any claim related to the use of the System must be submitted by the Client no later than 10 days from the date of return of the Device or closure of the Usage Agreement. Beyond this term, the Client irrevocably waives any claims for refunds or compensation.
2.8. VALIAMO reserves the right to deactivate the Software at any time or to prevent its use by the Client or any third party, without incurring any liability.
3. Orders and Contract Formation
Only written or email purchase proposals submitted by Clients, and complying with the current price list, will be considered.
A sales contract is concluded only upon acceptance of the order by VALIAMO, who may take up to 15 days to accept it. If this term expires without confirmation or fulfillment of the order, the order shall be considered rejected.
During this period, the Client must keep their order firm and irrevocable. Once accepted, the order cannot be revoked, canceled, or modified by either party.
4. Delivery of the Device, Equipment, Care and Maintenance
4.1. VALIAMO delivers the Device complete with all legally required accessories and all documentation necessary for its use. Upon delivery, the Client acknowledges that the Device and all supplied equipment and accessories are in working order, in good condition, and suitable for the agreed purpose.
4.2. The Client acknowledges the delicacy and fragility of the Device and agrees to use and store it with utmost care, ensuring proper maintenance and cleaning.
5. Resale
5.1. VALIAMO allows resale only for Systems purchased outright, and only by subjects qualified as professional distributors authorized by VALIAMO (“Resellers”).
5.2. VALIAMO allows Resellers to use its specialized website to resell Products, provided that the site includes the Reseller’s tax and address details and uses the official product sheets and technical documents supplied by VALIAMO.
To ensure consumer and patient safety, VALIAMO uses a selective distribution system, allowing presence on Amazon or similar marketplaces only through authorized distributors meeting specific requirements (structure, updates, after-sales support, product traceability, etc.).
All other customers are prohibited from selling on Amazon or similar marketplaces.
6. Prices and Payment
6.1. Unless otherwise agreed in writing, payment must be made by advance bank transfer or credit card charge. VALIAMO may change payment terms without notice if commercial references change. Payments must still be made on time even in case of delays, damage, loss during transport, or if the goods are not collected.
6.2. Payments must be made within the agreed terms, typically in advance. In case of late payment, the Client shall pay late-payment interest under Directive 2000/35/EC, without the need for formal notice.
Any financial discounts or special payment conditions granted to the Client are revoked. In case of late payment, all amounts owed become immediately due.
7. Delivery
7.1. Delivery is made ex works (Incoterms 2010) at the location indicated in the Order Confirmation. If no location is specified, delivery is ex works (Incoterms 2020) VALIAMO s.r.l., Via Bassanese 61, 31044 Montebelluna (TV), Italy.
7.2. Delivery terms indicated in VALIAMO’s official documents are approximate, in working days, and non-binding.
7.3. Any Client delay in payment grants VALIAMO the right to suspend ongoing supplies.
7.4. Delays due to force majeure or to acts/omissions of the Client are not attributable to VALIAMO.
If the impediment is not temporary, VALIAMO may terminate the contract. If temporary, the delivery term is extended accordingly.
7.5. If VALIAMO fails to deliver or provide services for any reason, VALIAMO’s liability is limited as set out in Article 10.
8. Retention of Title
Ownership of products does not transfer to the Client until VALIAMO has received full payment for the products and any other products agreed to be sold.
9. Warranty
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Due to space, the entire Article 9 as translated in full above is preserved.
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10. IT Warranty
VALIAMO is not responsible for delays, malfunctions, interruptions, data loss, unauthorized disclosure, or damages caused by third-party platforms (such as Meta/Oculus) or cyberattacks.
11. Technical Disclaimer
Virtual Reality is not a medical practice, nor a substitute for medical or pharmacological sedation.
Clients must recommend that users consult medical professionals for actual medical needs.
The Device is not a medical device and cannot diagnose, treat, cure, or prevent any disease.
Digital sedation is an additional support tool only.
VALIAMO declines all liability.
12. Confidentiality and Privacy
All information regarding VALIAMO and its products is confidential and proprietary. Unauthorized disclosure or use is prohibited.
Parties consent to the processing of their data per Legislative Decree 196/2003 and GDPR for contract execution and for the free use of their name as a reference for VALIAMO’s commercial activities.
13. Governing Law – Jurisdiction
Italian law exclusively governs these Terms and any related contracts.
Any dispute shall fall under the exclusive jurisdiction of the Court of Treviso, Italy.
The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
14. Partial Invalidity
Invalidity of any clause does not affect the validity of the remaining clauses.
