1.1. The following terms and conditions of purchase (hereinafter, “Terms and conditions”) regulate the contractual relationship between the Client (hereinafter called Client or Customer) and the online pharmacy Farmacia Itria, as hereinafter identified (subsequently called “the pharmacy”), and together with the purchase price published on the website and in force at the moment of the purchase constitute the whole of the dispositions applicable to the contract.
2. SCOPE AND CONCLUSION OF THE CONTRACT
2.1. The offer and the on-line sale of the products constitute a remote contract disciplined by articles 45 and subsequent of the Legislative Decree 6 September 2005 n. 206 (“Code of Consumption”) and by the Legislative Decree 9 April 2003, n. 70, containing the discipline of the electronic commerce.
2.2. The purchase of products on the website is allowed only to 18-year- olds.
2.3. The Client is obliged to read carefully the present Terms and conditions.
2.4. The Terms and conditions applicable are those in force at the date of transmission of the purchase order. They can be modified but the modifications will be in force between the parts starting from the moment of their publication on the Website and will have effect exclusively in reference to the orders subsequent to their publication.
2.5. The present Terms and conditions are applicable only to the Italian territory.
3. IDENTITY OF THE CUSTOMER OF THE PHARMACY
3.1. In compliance with article 3, I comma, letter a) of the Code of Consumption, the Customer (Client) is the physical person who acts for scopes extraneous to the entrepreneurial, commercial, artisanal or professional activity if performed.
3.2. The pharmacy that offers and sells the products and services advertised on the website www.farmaciaitria.com is identified as follows: Farmacia Itria Dr. Francesco Montagna (reg. Order of Pharmacists of Brindisi n.561) - Asl BR code 0079 – n. AREA 131952 - via Roma 47, 72014 Cisternino (Brindisi) – VAT 02241760749 – tax code MNTFNC70M22G187P - tel. +39.080.4446515, fax +39.080.4448273 – email@example.com – firstname.lastname@example.org
The pharmacy is certified for the sale of medicine online in compliance with the authorization issued by Region Puglia and by the Ministry of Health with unique code F12932 as verifiable on the website of the Ministry of Health (http://www.salute.gov.it/portale/temi/soggettoAutorizzatoVenditaOnlineFarmaciMDS.jsp?VOLID=F12932)), accessible through hyperlink contained in the national identification logo, present also on this website, in compliance with article 112 quater Legislative Decree 223/2006 as modified by the Legislative Decree 55/2014.
4. MEDICINES PURCHASANBLE ONLINE AND TIPS IN CASE OF PURCHASES
4.1. In compliance with the current regulations (Legislative Decree 55/2014) it is possible to sell online only medicines (called OTC) for which the prescription.
4.2. We recommend the purchase only in case of need and in the respect of the conditions of correct preservation.
4.3. Please read the information pamphlet for medication and the notes on the pack before use.
5. PRICE OF THE PRODUCTS AND SERVICES AND MODES OF PAYMENT
5.1. The price advertised of products and services, always indicated in euros, includes VAT and is net of possible shipment fees.
5.2. The payment can be done by the client via bank transfer, credit card, Paypal, cash on delivery or by cash in case you choose the withdrawal of the order (for purchases not lower than € 50.00) at the point of sale.
6. INFORMATION AIMING AT THE CONCLUSION OF THE CONTRACT
In compliance with the Legislative Decree 9 April 2003, n. 70 bearing dispositions as for the electronic commerce, we hereby inform the Client that:
• in order to perform the purchase of one or more Products on the Website, the Client will have to fill an order form in electronic format and forward it via the Internet, following the instructions that will appear step by step;
• before forwarding the order form, the Client will have the possibility to detect and correct the errors of data input following the instructions indicated on the Website step by step and that will accompany the several phases of the purchase and accept the General Conditions of Sale;
• once the order form registered, the Client will receive to the email address indicated, an email of “Confirmation of Order Registration” containing a summary of the order. The order form will be archived in the databank for the time necessary to its execution and, however, in compliance with the law;
• the language at the clients’ disposal for the conclusion of the contract is Italian.
7. RIGHT OF WITHDRAWAL
7.1. Terms for the Withdrawal
The Legislative Decree 06/09/2005 n.206 concerning the protection of customers as for remote contract, indicates at article 64 the possibility for the customer to exercise the right of withdrawal. This right consists in the possibility, exclusively in favour of the customer, to withdraw from the purchase, unconditionally.
However the customer will have to return the product/s purchased and already received, paying for the return fees. Farmacia Itria will reimburse the customer the amount already paid as payment of the price of the products, shipment fees included (excluding other accessory service of delivery requested by the client in his/her order)
7.2. Starting Date
The right of withdrawal can be exercised in any moment after the conclusion of the procedure of purchase and within 14 days from the reception of the products (starting from the date of delivery indicated by the carrier), through prior communication to Farmacia Itria of the will to exercise the right.
The communication of withdrawal and the above requested data can be transmitted to Farmacia Itria by using the phone number +39 080/4446515 of the WEB CUSTOMER CARE SERVICE of Farmacia Itria and subsequently by sending a confirmation email to the address email@example.com, The Client will be charged with the shipment fees for the return of the products received that will have to be sent again to Farmacia Itria, via Roma 47 72014 – Cisternino (Brindisi) not later than fourteen days from the date in which the Client has communicated to the pharmacy his/her decision to withdraw from the contract and has received by the pharmacy the receipt of acceptance of its request of return.
The reimbursement of the amount already paid and corresponding to the whole order or to that part of products for which the right of withdrawal has been exercised, will be performed with the same method of payment used by the client during the payment phase.
7.3. Obligations of the Customer
The substantial integrity of the product constitutes an essential condition for the exercise of the Right of Withdrawal. Hence the product will be kept with the normal diligence and returned intact, complete in all its parts and of seals, perfectly working and without signs of wear or dirt.
7.4. Exceptions to the Right of Withdrawal – products for which the application of the Right of Withdrawal is excluded
The Right of Withdrawal cannot the exercised:
a) in case of purchase of medicines and medical devices;
b) in case of purchase of food, drinks, dietary supplements and other products destined to the current consumption;
c) in case of purchase of items with price lower than 50 euros;
d) in case of supply of bespoke packaged products or clearly customized products;
e) in case of supply of products that risk to deteriorate or expire rapidly;
f) in case of supply of sealed products that cannot be returned for hygienic reasons or linked to the protection of health and that have been opened after delivery;
g) in case of supply of products that after delivery are, because of their nature, are inseparably mixed with other products.
Farmacia Itria puts into effect with its colleagues pharmacists several pre-shipment controls aiming to a further verification of the integrity of the products, of their expiration date and the perfect matching to the handling of the order. In case the customer should find a flaw in the products purchased or an alteration of the packaging that should compromise its content, he/she will have the possibility to exercise the right of withdrawal: however the fundamental condition is that the customer has to verify at the moment of the delivery on the part of the carrier that the packaging of the delivery is intact, that is without signs of tampering and/or damage, paying particular attention to the closing points sealed with our customized tape;
If necessary, accept the delivery writing on the delivery note the wording “Accepted with reserve of control – package tampered/damaged/missing”. In case of products missing because of tampered packaging and contested to the carrier at the moment of the delivery, the client will have the possibility to ask for the free replacement: Farmacia Itria will perform the necessary verifications (asking for the reimbursement to the carrier that has dealt with the transport, if applicable) and will confirm the acceptation of the claim.
8.1 Conventional Warranty of the Manufacturer
All products sold on the Website, in compliance with their nature, can be covered by a conventional warranty released by the manufacturer (“Conventional Warranty”). The Client can make his/her warranty valid only towards the manufacturer. The duration and the extension, event territorial, the conditions and the modes of use, the types of damages/flaws covered and the possible limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so called warranty certificate contained in the packaging of the product. The Conventional Warranty has voluntary nature and is not added, does not replace, does not limit and compromises nor excludes the Legal Warranty.
Farmacia Itria commits to protect the privacy of its own clients, considering as confidential the personal information given by the clients. Information is used exclusively to ensure that the order is carried on in the best way.
In observance of the provisions of the Legislative Decree 30 June 2003, n. 196, we supply information relevant to:
• scopes and modes of processing of your common personal data
• range of communication and their diffusion
• nature of data in our possession
• compulsoriness of supply
• data controller
The data processing is performed exclusively to comply with the scopes indicated in the contract of purchase and/or sale, to the after-sales service and for the fiscal and administrative compliance linked to them.
Data will not be communicated or diffused for any reason if not for the above-mentioned ones.
Data supply is compulsory for the performance of the contractual obligations and of the accounting and fiscal ones.
The controller makes clear that the possible non-communication or the wrong communication of one of the compulsory obligations has, as consequence:
• the impossibility of the controller to ensure the adequacy of the processing to the contractual agreements for which it is performed
• the potential missing correspondence of the results of the processing to the obligations imposed by the fiscal, administrative and working regulations
10. TERMS OF DELIVERY / PICK-UP
10.1. Delivery will occur in the shortest possible time from the date of the order, unless differently agreed between the parties. The products purchased on the website farmaciaitria.com are shipped by Farmacia Itria – Dr. Francesco Montagna based in via Roma 47, - 72014 - Cisternino (Brindisi). Shipments are carried on the national territory by SDA Express Courier and DHL Express Courier in Europe and in the rest of the world, within the day subsequent to the order. The products purchased are delivered all over Italy within 24/48 working hours starting from the handling of the order (for distant areas, delivery is carried out in 72 hours). Products purchased are delivered all over Europe within about 48/72* hours and 4/5 days in the rest of the world.
10.2 The Client acknowledges that the pick-up of the Product is a precise obligation deriving from the contract of purchase.
In case of unsuccessful delivery because of the absence of the receiver at the address specified in the order form, after two attempts of unsuccessful delivery, the parcel will go in “storage”. In case of non-pick- up of the Product within five working days from the first attempt of delivery, the contract will be rescinded and the order of purchase will be subsequently cancelled in compliance with art. 1456 of the civil code. Once the contract rescinded, there will occur the reimbursement of the whole amount paid potentially paid by the Client, deducted the fees for the unsuccessful delivery of the Product and the return fees. The rescission of the contract and the amount of the reimbursement will be communicated to the Client via email.
10.3 Pick-up at the pharmacy:
For a minimum purchase of € 50.00, we offer our customers the possibility to pick-up the product directly at Farmacia Itria, allowing using the interesting promotions and offers of farmaciaitria.com and paying directly at the moment of pick-up. Our opening times, from Monday to Friday are 8.30 a.m. – 1.00 p.m. and 4.30 p.m. – 8.00 p.m. (in summer 5.00 p.m. – 8.30 p.m. in the afternoon). The order will be at the customer’s disposal for the pick-up for three days, and then it will be cancelled.
11. RISK TRANSFER
The risk of loss or damage of the Products for causes not ascribable to the pharmacy is transferred to the Client when this latter or a third he has appointed, different from the carrier proposed by the pharmacy, enters materially in possession of the products themselves.
For any claim, potential denunciation of flaws of conformity included, as reported in article 7, the Customer can contact the WEB CUSTOMER SERVICE of Farmacia Itria calling the phone number + 39 080.4446515 or at the email address firstname.lastname@example.org
12. PLACE OF JURISDICTION AND APPLICABLE LAW
12.1. In case the Client is qualifiable as Customer, for any dispute originated by these Terms and conditions or linked to them or deriving from them, the court of Brindisi will be exclusively competent.
12.2.The applicable law is the Italian law.
13. INVOICING MODES
For those Clients who indicate the tax code in phase of registration, the pharmacy issues the so called “speaking1” receipt in order to allow the Clients to obtain the deductions in case of purchase of medicines and medical devices and, simultaneously, send the relevant data to Sistema TS in compliance with the Legislative Decree175/2014.
Together with the handling of the order, over the receipt, the pharmacy issues a shipping invoice of sale. For the issue of both fiscal documents, the information given by the Client in phase of registration is considered as reliable.
Contestualmente all’evasione dell’ordine, oltre allo scontrino, la farmacia emette fattura accompagnatoria di vendita. Per l’emissione di entrambi i documenti fiscali, fanno fede le informazioni fornite dal Cliente in fase di registrazione.
* possible delays in the foreign delivery due to customs procedures are not ascribable to Farmacia Itria