1.1. The following terms and conditions of purchase (hereinafter, the "Terms and Conditions") govern the contractual relationship between the Customer (hereinafter referred to as Customer or Consumer) and the online pharmacy Farmacia Itria, as identified below (hereinafter referred to as "the pharmacy "), and together with the purchase prices published on the website and in force at the time of purchase, they constitute the set of provisions applicable to the contract.
2. SCOPE OF APPLICATION AND CONCLUSION OF THE CONTRACT
2.1. The offer and online sale of products constitute a distance contract governed by articles 45 and ss. of the Legislative Decree 6 September 2005 n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
2.2. The purchase of products on the site is allowed only to those who have reached the age of 18.
2.3. The Customer is required to carefully read these Terms and Conditions.
2.4. The applicable Terms and Conditions are those in force on the date of transmission of the purchase order. They can be modified but any changes will be in force between the parties from the time of their publication on the Site and will take effect exclusively with reference to orders subsequent to publication.
2.5. These Terms and Conditions are applicable only to the Italian territory.
3. IDENTITY OF THE CUSTOMER AND OF THE PHARMACY
3.1. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, the Consumer (Customer) is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
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 Dott. Francesco Montagna (registered Pharmaciasti Brindisi Order n.561) - Asl BR cod. 0079 - REA n ° 131952 - via Roma 47, 72014 Cisternino (Brindisi) - VAT number 02241760749 - cf MNTFNC70M22G187P - tel. 080/4446515, fax 080.4448273 - firstname.lastname@example.org - email@example.com
The pharmacy is authorized to sell drugs online following authorization issued by the Puglia Region and the Ministry of Health with the unique code F12932 as verifiable from the website of the Ministry of Health ( http://www.salute.gov.it/portale/ topics / subjectAutorizzatoVenditaOnlineFarmaciMDS.jsp? VOLID = F12932 ), accessible through the hyperlink contained in the national identification logo, also present on this website, in accordance with the provisions of art. 112 quater of Legislative Decree 223/2006 as amended by Legislative Decree 55/2014.
4. DRUGS PURCHASABLE ONLINE AND ADVICE IN CASE OF PURCHASES
4.1. According to current legislation (Legislative Decree 55/2014), only drugs (so-called "over the counter") for which a medical prescription is not required can be sold online.
4.2. We recommend the purchase only when needed and the respect of the conditions of correct conservation.
4.3. Before consumption, read the package leaflet and the information on the package.
5. PRICE OF PRODUCTS, SERVICES AND METHOD OF PAYMENT
5.1. The advertised price of the products and services, always reported in euros, is inclusive of VAT and net of any shipping costs.
5.2. The images relating to the individual products on the site are indicative and may be (in some cases very rare) slightly different or out of date with respect to the product described in the technical data sheet: for the purpose of purchasing and to avoid unpleasant misunderstandings, it is appropriate that the customer refers to the description of the product in its technical data sheet and makes sure, before proceeding with the purchase, that the product in which he is interested actually corresponds to the desired one.
5.3. Payment can be made by the customer by bank transfer, credit card, Paypal or cash on delivery.
6. INFORMATION FOR THE CONCLUSION OF THE CONTRACT
In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, we inform the Customer that:
• to make the purchase of one or more Products on the Site, the Customer must fill out an order form in electronic format and transmit it electronically, following the instructions that will appear from time to time
• before proceeding with the transmission of the order form, the Customer will be able to identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the different stages of the purchase and accept the General Conditions of Sale ;
• once the order form has been registered, an "Order Registration Confirmation" e-mail containing a summary of the order will be sent to the Customer at the e-mail address indicated. The order form will be filed in the database for the time necessary to execute it and, in any case, in accordance with the law.
• The language available to customers for the conclusion of the contract is Italian.
7. RIGHT OF WITHDRAWAL
7.1. Deadline for Withdrawal
The Legislative Decree 06/09/2005 n.206 relating to the protection of consumers in the matter of distance contracts, provides in article 64 the possibility for the consumer to exercise the right of withdrawal. This right consists in the possibility, exclusively in favor of the consumer, to withdraw from the purchase unconditionally.
The consumer must, however, return the purchased product (s) already received, bearing the return costs. Farmacia Itria will reimburse the consumer for any sum already paid by way of payment of the price of the products including shipping costs (net of any ancillary delivery services requested by the customer in his order)
7.2. Effective date
The right of withdrawal can be exercised at any time after completing the purchase procedure and in any case within 14 days of receipt of the goods (starting from the delivery date reported by the courier), by prior communication to Farmacia Itria of the desire to exercise the right same.
The communication of the withdrawal and the data requested above can be sent to Farmacia Itria using the telephone number 080.4446515 of the WEB CUSTOMER SERVICE of Farmacia Itria and subsequently by sending a confirmation e-mail to firstname.lastname@example.org,
The Customer is responsible for the shipping costs for the return of the products received which must be returned to Farmacia Itria, via Roma 47 72014 - Cisternino (Br) no later than fourteen days from the date on which the Customer communicated to the pharmacy. your decision to withdraw from the contract and received from the same acceptance of your return request.
The reimbursement of any sum already paid and corresponding to the entire order or to that part of products for which he has withdrawn will be made with the same payment method used by the customer during the purchase.
7.3. Obligations for the consumer
The substantial integrity of the asset is an essential condition for exercising the Right of Withdrawal. The Product must therefore be kept with normal diligence and returned intact, complete in all its parts and any seals, fully functional and free from 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 be exercised:
a) in case of purchase of medicines and medical devices;
b) in the case of the purchase of food, beverages, food supplements and other goods intended for daily consumption;
c) in case of purchase of references with a price lower than 50 euros;
d) in case of supply of goods made to measure or clearly personalized;
e) in the case of the supply of goods that risk deteriorating or expiring rapidly;
f) in the case of the supply of sealed goods which are not suitable for return for hygienic reasons or related to the protection of health and have been opened after delivery;
g) in the case of supply of goods which, after delivery, are by their nature inseparably mixed with other goods.
Farmacia Itria carries out pre-shipment quality controls with its pharmacist collaborators aimed at further verifying the integrity of the products, their expiry date and their perfect compliance with the order fulfillment. Should the consumer in any case find a defect in the products purchased or an alteration of the packaging such as to compromise the content, he can exercise the right of withdrawal: it is however a fundamental condition that the consumer checks at the time of delivery by the courier that the packaging of the shipment is intact, or without any sign of tampering and / or damage, paying particular attention to the sealing points sealed with our personalized adhesive tape;
If necessary, accept the shipment by putting on the delivery note the words: "Accepted subject to control - package tampered with / damaged / missing" .. in case of missing products following packaging tampered with and contested to the courier at the time of delivery, the customer can ask for a free replacement: Farmacia Itria will carry out the necessary checks (requesting any reimbursement from the courier who took care of the transport) and will confirm the acceptance of the complaint.
8.1 Manufacturer's Conventional Warranty
The products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ("Conventional Guarantee"). The customer can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging. The Conventional Warranty is voluntary and does not add to, replace, limit, and does not affect or exclude the Legal Guarantee.
Farmacia Itria undertakes to protect the privacy of its customers, considering the personal information provided by the customers as confidential. The information is used solely to ensure that the order is proceeding as smoothly as possible.
In compliance with the provisions of Legislative Decree 30 June 2003 n.196, we provide information relating to:
• purposes and methods of processing your common personal data
• scope of communication and dissemination of the same
• nature of the data in our possession
• obligatory nature of the provision
• data controller
The data processing is carried out exclusively to fulfill the purposes set out in the purchase and / or sale contract, the after-sales service and for the fiscal and administrative obligations connected to them.
The data will not be communicated or disseminated for any other reason than for those mentioned above.
The provision of data is mandatory for the fulfillment of contractual obligations as well as the accounting and tax obligations connected to them.
The owner announces that any non-communication or incorrect communication of one of the mandatory information has the following consequences:
• the inability of the owner to guarantee the adequacy of the treatment to the contractual agreements for which it is performed
• the possible mismatch of the results of the processing with the obligations imposed by fiscal, administrative and labor legislation
10. TERMS OF DELIVERY / COLLECTION
10.1. Delivery will take place as quickly as possible from the date of the order, unless a different term has been agreed between the parties. The products purchased on the pharmacyitria.com website are shipped by Farmacia Itria - Dr. Francesco Montagna based in via Roma 47, - 72014 - Cisternino (Br). Shipments are made in Italy with SDA Express Courier and with DHL Express Courier in Europe and the rest of the world, within the day following that of placing the order. The purchased products are then delivered throughout ITALY within 24/48 working hours starting from the order fulfillment (for some remote areas delivery takes place within 72 hours). Delivery is made to the address indicated at the time of the order (street level) from Monday to Friday. Delivery times are from 8.00 to 18.00 except for different local uses. The purchased products are delivered throughout Europe in an indicative time of 48/72 hours * and 4/5 days in the rest of the world .
10.2 The Customer acknowledges that the withdrawal of the Product is a specific obligation deriving from the purchase contract.
In case of non-delivery due to the absence of the recipient at the address specified in the order form, after two unsuccessful delivery attempts, the package will go "in storage". In case of failure to collect the Product within five working days from the first delivery attempt, the contract will be considered terminated and the purchase order consequently canceled pursuant to art. 1456 cc Once the contract has been terminated, the total amount paid by the Customer will be refunded, after deducting the costs of the unsuccessful delivery of the Product and the return costs. The termination of the contract and the amount of the refund will be communicated to the Customer via e-mail.
10.3 Collection from the pharmacy:
For a minimum purchase of € 50.00, we offer our customers the possibility of direct collection at the Itria Pharmacy, thus being able to use the advantageous promotions and offers ofharmaitria.com.
Our hours from Monday to Friday are 8.30am - 1.00pm and 4.30pm - 8.00pm (in the summer period 5.00pm - 8.30pm as afternoon hours). The order will remain available to the customer for collection for three days, after which it will be canceled.
11. TRANSFER OF RISK
The risk of loss or damage to the Products for reasons not attributable to the pharmacy is transferred to the Customer when the latter or a third party designated by him and other than the carrier proposed by the pharmacy, materially comes into possession of the same.
For each complaint, including any reports of lack of conformity referred to in art. 7, the Consumer can contact the WEB CUSTOMER SERVICE of Farmacia Itria at the telephone number 080.4446515 or at the email address email@example.com
12. JURISDICTION AND APPLICABLE LAW
12.1 . If the Customer qualifies as a Consumer, the Court of Brindisi will be exclusively competent for any dispute arising from these Terms and Conditions or connected to them or deriving from them.
12.2. The applicable law is the Italian one.
13. BILLING METHOD
The Itria Pharmacy, if requested by the customer in the order form, simultaneously issues the order:
- electronic sales invoice for customers with VAT numbers only
- "talking" receipt for customers who hold only the tax code which allows the customer to obtain the tax deductions required by law in the event of the purchase of medicines and medical devices.
For the issuance of the fiscal document, the information (personal and fiscal data) provided by the Customer during registration is authentic.
* any delays in foreign delivery due to customs procedures are not attributable to Farmacia Itria