Terms and Conditions for Proto Sale

Pre-Sale Terms and Conditions

1. The potential customer unconditionally accepts and acknowledges that the legal, civil, economic, and fiscal relationship arising from the purchase of the product is solely between the “private buyer” and the “company that produces/distributes the product.”
2. The potential customer is aware and informed that Proto Sale, from an economic, legal, and fiscal perspective, is solely an external marketing company operating in online marketing. By virtue of its business purpose, Proto Sale may choose to conduct “advertising campaigns” for goods or services produced/distributed/marketed by manufacturing/distribution/commercial companies that promote their products/services through affiliate networks, with which Proto Sale is temporarily affiliated. In other words, Proto Sale selects products/services from various affiliate networks, studies the brand, and implements, at its own expense, an online marketing strategy utilizing channels provided by the network (e.g., e-commerce, social networks, etc.) to generate useful contacts (leads/prospects) showing interest in the products/services. These potential customers are then connected with the producing/distributing/commercial companies owning the products/services, with data and any payments transferred via contact forms provided by the affiliate network, which offers Proto Sale, as an external affiliate, the opportunity to independently create and execute advertising campaigns.
3. The potential customer unconditionally accepts that data entered after clicking the purchase button may be used by Proto Sale solely to be transferred to producing/distributing/commercial companies via contact forms provided by the affiliate network, which offers Proto Sale, as an external affiliate, the opportunity to independently create and execute advertising campaigns. Additionally, the potential customer agrees to receive future communications from Proto Sale regarding new commercial offers related to this product.
4. Pre-Order: The potential customer fully accepts that clicking the buy/add to cart button constitutes a pre-order with a party responsible for executing advertising campaigns, not with a merchant or the actual producer/distributor of the product. This is because:
   4a) Due to the nature of the product, the actual producer/distributor may contact you to ensure you can use the product. Only then will a commercial transaction be finalized between you (the consumer/potential customer) and the producing/distributing company, transitioning you from a potential customer to an actual customer, and the order will become effective.
   4b) Proto Sale is not a merchant, does not own the product, is not in physical possession of it, and does not ship or market the item in any way. Only when your data is received and used by the producing/distributing company, and if the prerequisites (your pre-order confirmation) are met, will a commercial transaction be concluded, transitioning you from a potential customer to a customer of the producing/distributing company, and the order will become effective.
5. Guarantees:
   5a) Proto Sale guarantees that it will handle the potential customer’s data with the diligence of a prudent person and securely manage any payments from the time of the pre-order until the actual transfer to the producing/distributing company. As Proto Sale is neither a merchant nor the producer/distributor of the product and has activated the advertisement solely to generate a lead (not a purchase), it guarantees assistance to the lead, to the extent possible, for any issues arising with the producer/distributor, without being legally, fiscally, or commercially obligated.
6. This advertisement is directed exclusively at individuals, not companies. Proto Sale does not maintain financial or economic relationships with producing/distributing companies, only with the affiliate network providing the offer for building an advertising campaign. Therefore, invoicing requests from companies can only be made to the producing/distributing companies during the confirmation call, based on their fiscal regime, and not to Proto Sale, as it is not guaranteed to receive compensation for generating a lead and receives only an unspecified fee.
7. Proto Sale does not guarantee that products are shipped from warehouses located in specific countries or that shipping occurs via specific couriers, only that delivery timelines are met once the potential customer confirms the pre-order with the producer/distributor and a commercial transaction is finalized between the two parties.
8. The potential customer unconditionally accepts that Proto Sale is not fiscally, legally, or civilly responsible for any disputes or issues of any nature arising from the order confirmation or use of the product marketed by the producing/distributing company in this advertisement. For any disputes, consult the producer/distributor, whose company details are always provided on the product packaging.
9. The potential customer unconditionally accepts that Proto Sale is obligated to provide refunds only for purchases made via specific payment systems, and only if the producer/distributor receives a return request within the legally stipulated terms and conditions, and only for sealed products. No refunds will be issued for unsealed products.
10. Proto Sale does not guarantee the accuracy of information provided by the affiliate network or producers/distributors, nor their compliance with applicable regulations, as it has no obligation, as a marketing agency, to verify product details. The potential customer unconditionally accepts that, for this product, the image is provided from the producer/distributor’s catalog, and the packaging may differ in minor details, as the producer/distributor reserves the right to modify such details at its discretion. Additionally, as producers are continually improving their products, the potential customer accepts that the product’s content may differ from the description due to improvements in concentration or ingredients made by the producer, which will be communicated during the confirmation call.
11. The potential customer accepts that the primary payment method for this product is cash on delivery, which will occur only after a confirmation call and receipt of the product from the producer/distributor. If the potential customer chooses another payment method, Proto Sale may opt to refund the customer immediately and transfer the pre-order data to the producer/distributor, who, upon purchase confirmation, will arrange shipment upon delivery. Alternatively, Proto Sale may collect the payment and transfer it, along with the data, to the producer/distributor via the affiliate network’s contact forms, without any commercial restrictions.
12. Proto Sale is not responsible for claims made by any other online entities on any external or internal web pages regarding the product subject to this advertising campaign.
13. This advertisement guarantees nothing, promises no miraculous results, and does not encourage the user with deceptive tactics to pre-order the product by exploiting needs or discomforts of any nature. By clicking the purchase button and pre-ordering the product, the potential customer acknowledges their intent to be contacted by the producer/distributor to purchase a product “of their own free will, without any guarantee of results or misleading satisfaction-or-refunded guarantees.” Furthermore, Proto Sale recommends that the potential customer pre-order only if certain, following medical advice, that they can safely interact with the product and that its ingredients may provide benefits. Medical consultation is advised.
14. Prohibited Purchase by Minors: Purchase by minors is generally void, as individuals under eighteen lack the legal capacity to act. This entitles parents to demand a refund of amounts spent, nullifying the consequences of the distance contract. However, this does not apply if the minor has concealed or falsified their age through deceptive behavior or by claiming to be of legal age during registration on this site.
15. Pursuant to Article 52 of Legislative Decree 206/2005 and subsequent amendments, except for the exceptions in Article 59 of the same decree, the consumer has fourteen days to withdraw from a distance or off-premises contract without providing any reason and without incurring costs other than those specified in Article 56, paragraph 2, starting from the day the product is received.
16. Regarding shipping timelines, the potential customer, by accepting the pre-order nature of the transaction through clicking the buy/add to cart button and providing their data, unconditionally accepts the following operational timelines of the producing/distributing company:
    – Pre-order placed before 2:00 PM: Confirmation call within 2 hours and 30 minutes, packaging, courier pickup by the producer/distributor, and delivery in 1–2 working days.
    – Pre-order placed after 2:00 PM: Confirmation call within 12 hours and 30 minutes, packaging, courier pickup by the producer/distributor, and delivery in 1–2 working days.
17. Due to the purely promotional nature of the service, any negative comments, including those based solely on the product’s ineffectiveness without testing, will be reported for removal and removed.
18. Proto Sale, the affiliate network, and the producing/distributing companies cannot be held responsible for the onset of medical conditions or any negative health effects. As stated in point 13, potential customers are advised, prior to pre-ordering, to consult their doctor or specialist to confirm whether their physical condition allows safe interaction with the product without health risks. The potential buyer is informed to be aware of risks related to product contact in their specific case.
19. No terms used on any online platform by platform staff, for any reason, may be interpreted as altering Proto Sale’s corporate nature. For example, if the e-commerce platform identifies Proto Sale as a seller, this does not imply that it is a commercial entity or that it posts advertisements to sell or facilitate direct commercial transactions between itself and a potential customer.