Terms and Conditions
1. PURCHASE PROPOSAL AND CONCLUSION OF THE CONTRACT.
These general conditions of sale have as their object the purchase of products online on the site www.farmaciadelvomero.it belonging to:
Pharmacy Of Vomero Of Dr. Astuni Castagna Attilio
VAT Number / Fiscal Code: 06030091216
Address: Via Maurizio de Vito Piscicelli, 138, 80128 Naples
Email: info@farmaciadelvomero.it
These conditions of sale may be modified or updated at any time by Farmacia Del Vomero Del Dott. Astuni Castagna Attilio and the buyer undertakes to read them before placing each order. The reference legislation for distance contracts is present in section II of Legislative Decree no. 206 of 6 September 2005. The contract will be concluded through access by the user/buyer to the website www.farmaciadelvomero.it. Here, following the specified procedure, the proposal to purchase the products will be formulated. The contract is concluded at the time of acceptance of the order by Farmacia Del Vomero Del Dott. Astuni Castagna Attilio and the buyer will be notified of acceptance of the same via email. By submitting the order, the user implicitly declares that he/she has read all the information present during the purchase procedure and that he/she fully accepts the general conditions contained on this page. In the event of non-acceptance of the order, Farmacia Del Vomero Del Dott. Astuni Castagna Attilio undertakes to communicate this promptly to the buyer. Once the online purchase proposal has been formulated, the user must print, save an electronic copy or keep these general conditions of sale as required by Legislative Decree no. 206/2005. Any right of the buyer to compensation for damages or indemnity is denied and any contractual or extra-contractual liability for any direct or indirect damages to persons and/or things due to the total or partial non-acceptance or fulfillment of the order is excluded. All communications to Farmacia Del Vomero Del Dott. Astuni Castagna Attilio must be made exclusively to the physical address specified on this page or by email.
2. SALES PRICES AND PURCHASE METHODS (ITALY).
Purchase proposals on the website www.farmaciadelvomero.it must be made exclusively by users with residence or domicile in Italy, of legal age and in possession of a tax code. The prices of the products indicated on the website www.farmaciadelvomero.it, which constitute an offer to the public pursuant to art. 1336 of the Civil Code, include VAT and all other taxes. The sales prices are valid until receipt of the communication of acceptance of the purchase proposal. The images of the products on the website are purely indicative. If specific indications are missing in the order notes, the lack of conformity of the purchase cannot be complained about. By transmitting the purchase proposal, the buyer gives his consent to the use by Farmacia Del Vomero Del Dott. Astuni Castagna Attilio, for remote communications, of the means of fax, telephone, e-mail.
3. PAYMENT METHODS.
The buyer may pay for the products ordered using the following payment methods indicated online at the time of purchase:
a) PayPal. If PayPal is chosen as the payment method, the transaction will take place on PayPal's own servers and can be finalized by the customer by charging their PayPal account or by making a transaction via credit card, by filling in the fields of the appropriate form on the payment screen. Any problems relating to the verification of the aforementioned transaction will not be attributable to Farmacia Del Vomero Del Dott. Astuni Castagna Attilio is available to provide the necessary assistance to resolve the problem.
Payment made by credit card is protected by the SSL protocol and, therefore, the transaction can be defined as safe, confidential and reliable.
b) Credit Card. The amount will be charged to the card at the time of shipment. Payment made by credit card is protected by the SSL protocol and, therefore, the transaction can be considered safe, confidential and reliable.
c) Bank Transfer Italy. Advance payment made out to Farmacia Del Vomero Del Dott. Astuni Castagna Attilio. Payment is made via bank transfer for which the IBAN coordinates of Farmacia Del Vomero Del Dott. Astuni Castagna Attilio are provided via email to the customer once the payment method has been chosen. A fax copy or scan of the transaction receipt is required as proof of the transaction and to shorten shipping times as much as possible;
d) Cash on delivery to the courier. For orders over €35 with a supplement of €4.50 on the shipping cost.
4. PRODUCT AVAILABILITY.
In the event that an order contains a product in a number greater than the quantity of product available in stock in the warehouse, Farmacia Del Vomero Del Dott. Astuni Castagna Attilio guarantees to process the order in the quantities indicated by the buyer in the shortest time possible. If it is not possible to find the quantity of missing product, Farmacia Del Vomero Del Dott. Astuni Castagna Attilio, after due notice to the buyer and his express consent, undertakes to replace the missing product with a similar one in composition and desired effect. If the buyer does not accept the replacement and a longer order processing time (in any case not exceeding the 30 days provided for by art. 54 of Legislative Decree no. 206/2005) Farmacia Del Vomero Del Dott. Astuni Castagna Attilio will still ship the ordered goods, provided that the value of the order is greater than or equal to € 50.00 (fifty euros). If the buyer does not give his consent to wait the time necessary for delivery (beyond the 30 days provided for by art. 54 of Legislative Decree no. 206/2005) and the residual value of the order placed is not equal to or greater than €50.00 (fifty Euros), the contract will be considered terminated and Farmacia Del Vomero Del Dott. Astuni Castagna Attilio will proceed to immediately cancel the order.
5. DELIVERY METHODS AND COSTS.
General information and delivery times
Farmacia Del Vomero Del Dott. Astuni Castagna Attilio will arrange for the products ordered to be delivered to buyers via couriers and/or shipping agents of its choice. Shipments are made from Monday to Friday; holidays, Saturdays and Sundays are excluded. The products are delivered within 72 hours from the moment the order is concluded except for Sardinia, the smaller islands and the European locations provided for where delivery times are to be considered at least 96 hours.
Obligations and rights
Upon notification of payment, the products will be ready to be shipped. The pharmacy undertakes to promptly notify the buyer of any errors in stock or difficulty in finding products that are no longer on the market; in this case, it undertakes to return the entire sum received including shipping costs. Upon shipment, the buyer will be sent a notification email to monitor the purchased goods until they arrive at their home. Upon delivery, the buyer is required to check that the packaging is in good condition, otherwise they are authorized to not accept it, furthermore, if equipped with a camera, they can photograph it, thus certifying the real condition of the packaging at the time of delivery. In the following hours, they will be required to inform the Pharmacy either by telephone number 081 579 56 93 or at the address info@farmaciadelvomero.it, which will resolve the problem as quickly as possible.
Shipments of liquids or particularly heavy or bulky products
In the case of orders concerning liquid or particularly heavy or bulky products (mineral water, hydrogen peroxide, milk, saline solution, diapers, etc.) Farmacia Del Vomero reserves the right to call the user at the address indicated at the time of the order or to write to the email address indicated to notify any adjustments to shipping costs.
6. PURCHASER'S OBLIGATIONS.
It is forbidden for the buyer to indicate false and/or fictitious data in the registration procedure for the execution of this contract and the related communications; personal data and email must be strictly real and not belonging to third parties or fictitious people. Farmacia Del Vomero Del Dott. Astuni Castagna Attilio reserves the right to legally pursue any violation in this sense and any abuse in the interest and for the protection of all consumers. The buyer releases Farmacia Del Vomero Del Dott. Astuni Castagna Attilio from any liability arising from the issuing of incorrect tax documents due to errors regarding the data provided by the buyer, the latter being the only person responsible for the correct insertion of the same within the site. Any dispute relating to the application, execution, interpretation, and violation of the purchase contracts stipulated online through the website is subject to Italian jurisdiction. With the exception of the cases provided for by art. 63 of Legislative Decree no. 206/2005, any dispute between the parties regarding the application, execution, interpretation and violation of this contract will be under the exclusive jurisdiction of the Court of Naples.
7. DATA COLLECTION AND PROCESSING.
By completing the personal data sheet in the registration procedure required to activate the process of fulfilling this contract and the related further communications, the buyer authorizes Farmacia Del Vomero Del Dott. Astuni Castagna Attilio to communicate their non-sensitive personal data (residence, telephone number) to trusted couriers and/or shippers used for the delivery of the purchased products in order to allow the delivery of the orders. Such data are processed electronically in compliance with the laws in force and may be exhibited only upon request of the judicial authority or other authorities authorized for this purpose by law. The personal data will be communicated to subjects delegated to carry out all the activities necessary for the execution of this contract and will be disclosed exclusively for this purpose. The processing of personal data takes place, including through electronic means, in compliance with the methods established by art. 11 of Legislative Decree 30 June 2003 n. 196 to guarantee the consumer and, in general, to protect his rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. The data processing will be carried out for the period of time necessary to fulfill this contract. Personal data will not be communicated to third parties. The user may request the cancellation of his personal data by sending a communication by fax or post to the Pharmacy office specified on this page. The owner and person responsible for the collection and processing of personal data is:
Vomero Pharmacy By Dr. Astuni Castagna Attilio
VAT Number / Fiscal Code: 06030091216
Address: Via Maurizio de Vito Piscicelli, 138, 80128 Naples
Email: info@farmaciadelvomero.it
8. WARRANTIES AND ASSISTANCE METHODS.
The warranty clauses on this page replace any other warranty or condition, other than those required by law. All products marketed by Farmacia Del Vomero Del Dott. Astuni Castagna Attilio are covered by the manufacturer's conventional warranty and by the 24-month warranty for defects of conformity, pursuant to Legislative Decree no. 24/02. To benefit from warranty assistance, the buyer must keep the invoice or transport document received. The manufacturer's warranty is provided according to the methods present in the documentation included in the packaging of the product subject to the warranty or assistance request. The 24-month warranty pursuant to Legislative Decree no. 24/02 applies to the product that presents a defect of conformity, provided that the product itself is used correctly and in compliance with its intended use and as provided in the attached technical documentation. In the event of a defect of conformity, Farmacia Del Vomero Del Dott. Astuni Castagna Attilio will replace the product at no cost to the consumer/buyer. The 24-month warranty pursuant to Legislative Decree no. 24/02 is valid for the product that presents a lack of conformity, provided that the same is used correctly, in accordance with its intended use and as provided in the attached technical documentation. In the event of a lack of conformity, Farmacia Del Vomero Del Dott. Astuni Castagna Attilio will replace the product at no cost to the buyer. If, for any reason, it is not possible to replace the product under warranty, Farmacia Del Vomero Del Dott. Astuni Castagna Attilio may proceed, at its discretion and after notifying the buyer, to send the latter a product of equal characteristics and value or to issue a discount voucher of the same amount that can be spent within 6 months on another item for sale on the site. This warranty is transferable only if the current owner provides the original proof of purchase issued by Farmacia Del Vomero Del Dott. Astuni Castagna Attilio. In countries where limitation of liability is not precluded, the maximum liability of Farmacia Del Vomero Del Dott. Astuni Castagna Attilio may not exceed the price paid by the buyer for the purchase of the product, except in cases of fraud or gross negligence. Farmacia Del Vomero Del Dott. Astuni Castagna Attilio declines all liability for incidental, special, indirect or consequential damages, except in cases of fraud or gross negligence. The reporting of the manufacturing defect must be made within two months of discovery pursuant to art. 132 Legislative Decree 206/2005. The buyer must make a specific complaint following the procedure indicated in point no. 10.
9. RIGHT OF WITHDRAWAL.
Information relating to the exercise of the right of withdrawal pursuant to art.49, paragraph 4, of Legislative Decree 206/2005.
You have the right to withdraw from the contract, without giving any reason, within 14 days from the date of receipt of the order. The withdrawal period expires after 14 days from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an explicit declaration to the email address: ordini @farmaciadelvomero.it
To comply with the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us and the supplement for choosing Cash on Delivery), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. Such reimbursements will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You are requested to send back the goods or hand them over to us without undue delay and in any event within 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods .
10. COMPLAINTS.
Any complaints must be forwarded through the form in the "contacts" section, which must be filled out in all its spaces. The buyer will receive an email confirming the opening of the complaint within the following three working days; the same email will provide all the instructions for defining the procedure and specify any requests for clarification or documentation to support the complaint. As per current legislation, the buyer, if more than six months have passed since delivery of the product, must provide suitable documentation that certifies and provides proof that the lack of conformity existed at the time of delivery. For complaints forwarded within six months of delivery, Farmacia Del Vomero Del Dott. Astuni Castagna Attilio reserves the right to verify the actual presence of the defect complained of, before granting the buyer the solution requested by the same or the alternative solution provided by law.
11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE.
It has the right to terminate the contract stipulated by giving notice to the buyer and adequately specifying the reasons; in this case the buyer will only be entitled to the refund of the sum if already paid. The fact that the payment is successful, made by the customer through one of the methods explained in point no. 3 of these conditions and the obligations assumed by the customer are essential, so that the failure, by the buyer, of just one of the aforementioned obligations will determine the termination of the contract by right pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of Farmacia Del Vomero Del Dott. Astuni Castagna Attilio to take legal action for compensation for any further damages.
Online dispute resolution
ODR: Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute
You may submit a complaint via the European Union ODR platform, which can be reached at
following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point
for users who wish to resolve disputes arising from contracts out of court
online sales or services. For more information contact: info@farmaciadelvomero.it
12. JURISDICTION AND COMPETENT COURT.
Any dispute relating to the application, execution, interpretation, and violation of purchase contracts stipulated online through the website is subject to Italian jurisdiction. Except for the cases provided for by art. 63 of Legislative Decree no. 206/2005, any dispute between the parties regarding the application, execution, interpretation, and violation of this contract will be under the exclusive jurisdiction of the Court of Naples.
