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TERMS & SALE CONDITIONS

GENERAL CONDITIONS OF USE

The purchaser is invited to read carefully these general conditions of use before using the e-commerce Services of Pharsmart s.r.l..

By using the e-commerce Services of Pharsmart s.r.l., the Consumer fully accepts these General Conditions of Use.

  1. 1. METHODS OF PURCHASE AND USE OF THE SITE

In order to access e-commerce services offered by Pharsmart Ltd. is not required to register your account.

The consumer agrees, therefore, within the limits allowed by the applicable provisions of law, to be held responsible for all activities that will be carried out through your device on the e-commerce site of Pharsmart Ltd.

The user of the service e-commerce Pharsmart Ltd. undertakes, therefore, to immediately inform Pharsmart Ltd. if it believes that a third party has made purchases without permission.

The user of the e-commerce service of Pharsmart Ltd. is required to ensure that the data provided for payment and shipping address are correct and complete and immediately notify any change in the information provided.

The user of the e-commerce service of Pharsmart s.r.l. undertakes to avoid any use of the website likely to:

cause, or be likely to cause, interruptions, damage or malfunctioning of the e-commerce services of Pharsmart s.r.l. and the functionality of the site itself;
pursue fraudulent purposes, or otherwise to commit illegal activities
cause disturbance, injury or damage of any kind to third parties.
Pharsmart s.r.l. reserves the right to prevent access to the site and / or e-commerce services, to remove or edit the contents of the site at its discretion, in case of violation of applicable provisions of law, these General Conditions of Use or applicable guidelines or policies.

In case of serious violations, Pharsmart s.r.l. reserves the right to refer the matter to the Judicial Authority in order to protect its interests, the rights of third parties and its image.

  1. 2. ELECTRONIC COMMUNICATIONS

The consumer who intends to use the Services e-commerce Pharsmart Ltd. is asked to make any communication always in electronic form at servizioclienti@pharsmart.com

Pharsmart Ltd., in turn, will communicate with the purchaser always through electronic means, unless the nature of the problem requires a direct telephone contact.

Without prejudice to specific provisions of mandatory law, for the purposes of this contract, the consumer agrees that all contracts, notices, information and other communications provided in electronic form, meet the requirement of written form, when required by law.

  1. 3. TRADEMARKS AND PATENTS

The denominative and figurative marks attributable to Pharsmart Ltd. are the exclusive property of the aforementioned company and are protected by regulations on infringement and copyright.

The products offered on the site are covered by industrial patent and, therefore, it is forbidden to copy, extraction or reproduction not expressly authorized by Pharsmart Ltd.

All content present or made available through the e-commerce site of Pharsmart Ltd. in the form of text, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software, are the exclusive property of Pharsmart Ltd. and are protected by Italian law and international laws on copyright and database rights.

It is not allowed to extract and / or reuse parts of the online services of Pharsmart s.r.l. without the express written consent of the Company.

In particular, you may not use data mining, robots or similar acquisition or extraction devices to extract (once or more) for reuse any substantial part of any service offered by Pharsmart s.r.l. without express written consent from the Company.

It is absolutely forbidden to copy, extract or reproduce, even with modifications, the trademarks, logos and packaging of products marketed by Pharsmart Ltd.

  1. 4. LICENCE FOR ACCESS TO E-COMMERCE SERVICES

Before accessing the services of e-commerce, please read the general conditions of sale.

Provided that the Consumer complies with these General Conditions of Use, the Terms of Service, and provides for the payment of any applicable fees, Pharsmart s.r.l. grants a limited, non-exclusive, non-transferable and non-sublicensable licence to access the e-commerce services for personal and non-commercial use.

This licence does not include any right of resale or commercial use of any product offered by Pharsmart s.r.l., nor the right to collect and use lists, descriptions or prices of products, make derivative use of Pharsmart s.r.l.'s logos and trademarks, make any kind of download or copy of information for the benefit of a retailer or other companies.

All rights not expressly conferred by these General Conditions of Use or the Terms of Service remain the exclusive property of Pharsmart s.r.l..

You may not reproduce, duplicate, copy, sell, resell, visit or in any other way use for any commercial use the products of Pharsmart s.r.l., in whole or in part, without the express written consent of the Company.

You may not engage in framing or use framing techniques to misappropriate any trademark, logo, or other proprietary information (including images, text, page settings, or format) of Pharsmart s.r.l., in the absence of express written consent from the Company.

You may not use any meta tags or any other "hidden text" using the name or trademarks of Pharsmart s.r.l. without the express written consent of the Company.

The services offered by Pharsmart s.r.l. can be used only within the limits of the law. Violation of these General Conditions of Use or the Terms of Service will result in the revocation of the authorisation to use the e-commerce website.

  1. 5. GENERAL CONDITIONS OF SALE

These general conditions of sale govern the sale of products through the site when Pharsmart s.r.l. operates as a seller.

The purchaser (Consumer) is invited to read these General Sales Conditions carefully before making any purchase, in addition to the general conditions of use of the service.

By making any purchase, in fact, the Consumer fully accepts these General Sales Conditions.

  1. 6. THE ON-LINE PURCHASE CONTRACT

The presentation of products and services on the site constitutes an invitation to purchase from Pharsmart Ltd.

If the purchaser wishes to purchase one or more products, he can select them one at a time, adding them to his shopping cart: having selected all the items he wishes to purchase, in order to proceed, he must close the cart and place the order.

Once the order has been placed, a page will appear summarising the selected products, their price and the delivery options (with the relative costs), through which you will be asked to choose the preferred solution for delivery, transport and payment method.

On the same page, will appear the button "Complete Order", on which the buyer must click in order to forward the order to Pharsmart Ltd.

The order will then be considered as a contractual proposal to purchase addressed to Pharsmart s.r.l. by the consumer, for the products listed, each considered individually.

Upon receipt of the order, the system will automatically send a message of acceptance of the order itself, with the subject ("Your order on Pharsmart has been received!").

Receipt of the order constitutes acceptance of the purchase proposal: by means of the same, in fact, the receipt of the order is confirmed, which must undergo the process of data verification and availability of the products requested.

In the event that a product is out of stock, the Consumer will be notified by email and the relative amount will be credited back to him/her as soon as possible.

Once the procedure of verification and packaging of the products has been completed, the Consumer will receive a separate e-mail confirming that the package has been shipped and that it has been taken over by the shipper.

In the event that the order is processed through multiple shipments, you may receive multiple confirmation emails.

The Consumer has the possibility to cancel his order, without additional costs or penalties, before having received the Shipment Confirmation, provided that the order has not been prepared for the shipment process. This is without prejudice to the right of withdrawal under the terms and conditions of this contract.

The right of withdrawal does not apply to certain categories of products including, without limitation, all those product categories for which, once the original sealed packaging has been opened, it is no longer possible to guarantee the hygiene and preservation of the product (for example, but not limited to, creams, masks, medical devices, supplements, etc.).

Invoices, issued in electronic format, shall be forwarded in copy in PDF format to the purchaser's email address, communicated at the time of purchase.

All orders placed on the site must correspond to normal consumption needs.

This requirement applies both in relation to the number of products purchased with a single order and in the case of several orders for the same product, even if each order includes a quantity of products corresponding to normal consumption needs.

  1. 7. RIGHT OF WITHDRAWAL, EXCEPTIONS AND RETURN POLICIES OF PHARSMART S.R.L.

Subject to the exceptions indicated below, pursuant to Article 52 co. 1 of the Consumer Code, the purchaser has the right to withdraw from the order placed, without having to provide any reason, within 14 days from the day on which he received the product ordered (or the last product, lot or piece in the case of goods, lots or multiple pieces delivered separately).

If a third party (e.g. family member, concierge, etc.) is in charge of the collection, the right of withdrawal begins on the day the product is delivered to the designated person, other than the courier.

In order to obtain a refund, the right of withdrawal must be exercised by sending an email to resi@pharsmart.com, attaching a copy of the delivery note of the package to the carrier for the return, the costs of which shall be borne by the Consumer.

Before proceeding to the cancellation of the order and the re-credit of the amounts, the products must be physically received at the warehouses of Pharsmart s.r.l., which will send an e-mail confirming receipt and reserves the right to proceed to verify the integrity of the product.

In order to exercise the right of withdrawal, it is necessary that the relevant communication is sent before the expiry of the period of 14 days and that the product is returned intact.

  1. 8. EFFECTS OF EXERCISING THE RIGHT OF WITHDRAWAL

Will be refunded all payments received in relation to the product for which the right of withdrawal has been exercised, excluding shipping costs, within 14 days from the day on which the goods will be received at the warehouses of Pharsmart Ltd.

The refund will be made on the same method of payment used to place the order.

The purchaser may be held liable for any reduction in the value of the goods resulting from handling of the same other than that necessary to establish the nature, characteristics and operation.

  1. 9. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Pursuant to art. 59 of the Consumer Code, the right of withdrawal does not apply in case of:

supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and that have been opened after delivery or in case of supply of products that are, after delivery, inseparably mixed with other goods;
supply of goods made to measure or clearly personalised;
supply of goods that are liable to deteriorate or expire rapidly;
supply of pharmaceutical products, creams and supplements, the price of which has been agreed at the time of conclusion of the sales contract, the delivery of which may occur only after thirty days and whose actual value depends on market fluctuations that cannot be controlled by Pharsmart Ltd.

  1. 10. PRICES AND AVAILABILITY

All prices are inclusive of VAT applicable by law.

Information on the availability of products marketed by Pharsmart Ltd. are listed on the site, as well as on the presentation page of each product.

In addition to the information provided on that page or elsewhere on the site, Pharsmart Ltd. is not able to offer more precise indications regarding the availability of products.

The purchaser is asked to consider that the estimated time of dispatch and delivery of products are purely indicative and it is not possible to rely on them completely.

Once the order has been received, the Purchaser shall be notified by e-mail if any of the products ordered are not available.

All products sold through the e-commerce site of Pharsmart Ltd. are available within the warehouses located in Italy.

  1. 11. WARRANTIES ON PRODUCTS SOLD BY PHARSMART S.R.L. AND LIMITATIONS OF LIABILITY

The warranty regime on products sold by Pharsmart s.r.l. differs depending on whether the purchaser is a "Consumer" or a "Professional" within the meaning of Directive 1999/44/EC, concerning "certain aspects of sales contracts and guarantees relating to consumer goods".

Any person purchasing as a "Consumer" benefits from the legal guarantee of conformity to which the seller is bound by law on all goods sold.

The Legal Warranty guarantees the goods against conformity defects with respect to the sales contract.

Pursuant to the law, in the event of applicability of the Legal Warranty, the purchaser will be entitled to the restoration, at no cost, of the conformity of the good by means of replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract with consequent refund of the full amounts paid, including shipping costs and return of the product.

According to the provisions of the Consumer Code, therefore, Pharsmart s.r.l. responds to defects of conformity if they occur within the period of two years from the date of delivery of the goods, provided that they are not failures or breaks due to normal wear and tear or expiration of the product.

The consumer will still have the burden of reporting the lack of conformity within two months of its discovery and to provide for the return of the same in order to submit it to verification by Pharsmart Ltd.

In the event that it finds a lack of conformity of goods purchased from Pharsmart s.r.l. during the period of validity of the Legal Warranty, the consumer is asked to contact Customer Service at servizioclienti@pharsmart.com.

Pharsmart s.r.l. is committed to ensuring that access to e-commerce services is provided without interruption and that transmissions are error-free. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed.

Access to Pharsmart s.r.l.'s e-commerce services, moreover, may also be occasionally suspended or limited to allow for repair or maintenance work, or the introduction of new activities or services. The Company, in any case, undertakes to limit the frequency and duration of these suspensions and limitations.

To the extent permitted by law, Pharsmart s.r.l. disclaims any liability in the event that the product delivered does not comply with the legislation of the country of delivery other than Italy.

Pharsmart s.r.l. will not be responsible in case of delay in delivery of goods purchased due to internal problems of the carrier.

Pharsmart s.r.l. is in no way responsible for the fulfilment of obligations borne by third parties.

Except in the case of wilful misconduct or gross negligence, Pharsmart s.r.l. will not be liable for any loss suffered, loss of earnings or any other damage that is not an immediate and direct consequence of its failure or that was not foreseeable at the conclusion of the sales contract.

Pharsmart s.r.l. cannot, therefore, be held responsible for:

losses that are not a consequence of its own breach of these general conditions;
for any loss of business opportunity (including lost profits, revenues, contracts, assumed savings, data, goodwill or unnecessarily incurred expenses)
any other indirect or consequential loss that could not have been reasonably foreseen, either by the seller or by the buyer, at the time when the consumer began to use the e-commerce service of Pharsmart Ltd.
Pharsmart s.r.l. will not be held responsible for any delay or failure to meet its obligations under these general conditions if the delay or failure is due to unforeseeable circumstances or force majeure.

This provision does not affect the consumer's rights under the law, in particular the right to receive the goods purchased within a reasonable period of time or to be reimbursed in the event of non-delivery due to circumstances arising from a fortuitous event or force majeure.

The legal provisions in force in some countries may prohibit the above limitations of liability. In the event that such provisions are applicable, the limitations of liability indicated herein shall not apply and the Consumer may have other rights.

None of the provisions contained herein shall limit or exclude the liability of Pharsmart s.r.l. in case of death or personal injury caused by negligence or caused by wilful misconduct or gross negligence.

  1. 12. CHANGES TO THE GENERAL CONDITIONS OF SALE

Pharsmart s.r.l. reserves the right to change the site, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions.

The Consumer shall be subject to the policies and terms of the General Conditions of Sale in force from time to time at the time he orders products from Pharsmart s.r.l., unless any changes to such policies and terms are required by applicable law or competent authorities (in which case, they shall also apply to orders placed previously).

Should any provision of these conditions be deemed invalid, void or for any reason unenforceable, such condition shall not affect the validity and enforceability of the other provisions.

  1. 13. LEGAL WARRANTY

Each product sold by Pharsmart Ltd. to a buyer "Consumer" is covered by the legal warranty on consumer goods, which covers defects of conformity that occur within 24 months from the date of delivery of the goods.

The legal guarantee is the guarantee on the sale of consumer goods provided for by EU Directive 1999/44/EC, also known as the "conformity guarantee", which protects the consumer in the event that the products he purchases present conformity defects with respect to the sales contract.

This occurs, for example, in the case of products that do not work properly, that cannot be used in the manner declared by the seller or for the purposes for which products of the same type are generally used, that do not have the characteristics or qualities promised by the seller or that do not respond to the use for which they were purchased.

The Legal Warranty covers conformity defects that become apparent within 24 months from the date of delivery of the product purchased, even if the defect was not immediately apparent on that date.

In order to claim it, the seller must be notified of the presence of the defect within 2 months from when it was discovered.

Unless proven otherwise, defects of conformity that become apparent within the first 6 months from the date of delivery of the goods shall be presumed to have existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the defect of conformity.

It is advisable to always keep the purchase receipt found in the product packaging, as well as the documents confirming the shipment and delivery of the product.

The Legal Warranty is only available to consumers, i.e. those who purchase products for non-professional purposes.

The Legal Warranty may be asserted against the seller, even if the seller is not the manufacturer.

If the product purchased has a defect covered by the Legal Warranty, the Consumer has the right, without incurring any expense, to the repair or replacement of the defective product by the seller.

The Consumer has the right to the reduction of the price or the resolution of the contract in the following cases

if the substitution or repair of the product is not possible or is excessively onerous;
if the seller has provided neither the repair nor the replacement of the product within a reasonable period of time;
if the replacement or repair of the product would cause significant inconvenience. In order to determine the amount of the price reduction or the amount to which the consumer is entitled in these cases, the consumer's use of the product is taken into account. Please note that a minor defect for which it was not possible or is excessively expensive to carry out the remedy of repair or replacement does not entitle the consumer to terminate the contract.
If, once reported, it emerges that the problem derives from a conformity defect, a file shall be opened on behalf of the Consumer, who shall be assigned a code called ticket.

  1. 14. MINORS

Sales to minors are not allowed. All products offered on the e-commerce site of Pharsmart Ltd., therefore, can be purchased only by adults or by children under 18 years only involving a parent or guardian.

  1. 15. WAIVER

In case of default by the consumer to these General Conditions of Sale, the failure to exercise by Pharsmart s.r.l. the right to act against the same, does not represent a waiver to enforce their rights for breach of commitments made by the purchaser.

  1. 16. PAYMENT METHODS ACCEPTED

The site only accepts payment by PayPal and credit cards credited to the PayPal circuit:

MasterCard.
Maestro.
Visa.
Visa Electron.
American Express.
Aura.
Discover.

  1. 17. APPLICABLE LAW AND COMPETENT COURT

These General Sales Conditions are governed by and must be interpreted in accordance with Italian law and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

The Consumer hereby accepts, and Pharsmart s.r.l. accepts in turn, to be subject to the non-exclusive jurisdiction of the Court of Milan.

The Consumer may, therefore, take legal action before the Court of Milan, the Court of the Consumer or the Court of the Member State of the European Union in which the Consumer is resident or domiciled to promote a dispute in relation to the present General Conditions of Sale.

A Consumer having his habitual residence in the European Union may benefit from the additional protections provided for by the mandatory rules of the country of residence.

  1. 18. CONTACTS

Pharsmart s.r.l., Corso Vittorio Emanuele II, 20122 - Milan - EORI Code MI-2101110

Tel. 0236507198 - Email: info@pharsmart.com - Website: www.pharsmart.com

P. VAT: 09594770969 - PEC: pharsmartsrl@legalmail.it

© 2019 Pharsmart S.r.l. - Corso Vittorio Emanuele II, 30 20122 Milano P.IVA: 09594770969 | REA mi-2101110 | Capitale sociale versato 20,000€