Sales Terms and Conditions

Online sales are attributable to mail order sales and therefore without the obligation of an invoice as provided for in article 22 of the Presidential Decree. n. 633 of 1972, and without the obligation to issue a receipt as provided for in article 2, letter oo), of the Presidential Decree. 21 December 1996, n. 696.

Read more on the website of the Italian Electronic Commerce Association AICEL

DEFINITIONS

The expression “online sales contract” means the purchase and sale contract relating to the tangible movable assets of the partner company of Bio Pharmatik, stipulated between them and the Buyer as part of a remote sales system using telematic tools , organized by the Supplier. The expression “Buyer” means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. The expression “Bio Pharmatik” means the person who carries out the promotion of the sale of the goods covered by this contract. The expression “PARTNER COMPANY” means the person who carries out the sale of the goods covered by this contract.

2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES

Supplier: The goods covered by these general conditions are offered for sale by the PARTNER COMPANY of Bio Pharmatik, which is only responsible for the advertising promotion of the goods in question but not for the sale between the parties. Bio Pharmatik  based in Via D.Alighieri 53022 Buonconvento, Siena  Buyer: Expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out and undertakes not to trade in what has been purchased.

3) OBJECT AND CONCLUSION OF THE CONTRACT

With this contract, respectively, the PARTNER COMPANY of Bio Pharmatik sells and the Buyer purchases remotely via telematic tools only the tangible movable goods indicated and offered for sale on this site or through our official sales channels. The contract between the PARTNER COMPANY of Bio Pharmatik and the buyer is concluded exclusively through the internet through the Buyer’s access to the address of this site, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods offered for sale. The purchase contract is concluded and perfected through an irrevocable order by the Buyer by completing and sending the order form online, which will be displayed on the printable order summary web page, which contains the details of the order. the ordering party and the order, the price of the purchased good and the shipping costs, the payment methods and terms, the address where the good will be delivered. When the PARTNER COMPANY of Bio Pharmatik receives the order from the Buyer, it will send a confirmation e-mail and/or display a printable web page confirming and summarizing the order, in which the data entered by the buyer in the order form are also reported. If requested, the sales invoice will be issued by the PARTNER COMPANY of Bio Pharmatik in electronic format.

4) PAYMENT AND REFUND METHODS

the PARTNER COMPANY of Bio Pharmatik agrees to the following payment methods for the products purchased: * Cash on delivery * Bank transfer * Payment with PayPal * Credit card data is managed directly by the banks, specialized in the management of online payments; PayPal data is managed directly by PayPal. the PARTNER COMPANY of Bio Pharmatik reserves the right to make a request to the card-issuing banking institution to verify the authenticity of the card’s ownership or to PayPal in the event of problems. Any refund to the Buyer, if he is entitled to it, will be credited by reversing the payment by credit card, bank transfer or PayPal, within a maximum of 30 days. from the date on which the PARTNER COMPANY of Bio Pharmatik became aware of the cause that generates the right to reimbursement.

5) DELIVERY TIMES AND METHODS

the PARTNER COMPANY of Bio Pharmatik will deliver the products ordered via the agreed couriers. The products are shipped with special packaging, if it arrives torn or broken please check the integrity of the product and immediately communicate the damage to the staff of the PARTNER COMPANY of Bio Pharmatik.

Order processing times may vary, from the day of the order to a maximum of 40 working days, within which the product will be delivered. In the event that the PARTNER COMPANY of Bio Pharmatik is not able to ship within said deadline, prompt notice will be given via e-mail to the Buyer, indicating the deadline within which the order will be processed. Delivery times may vary depending on the country of destination and other factors not directly controllable by the Supplier and not attributable to it.

8) AVAILABILITY OF THE PRODUCTS

the PARTNER COMPANY of Bio Pharmatik ensures the processing and fulfillment of orders without delay via the electronic system used. If an order exceeds the existing quantity in the warehouse, the PARTNER COMPANY of Bio Pharmatik, by e-mail, will inform the Buyer whether the good can no longer be booked or what the waiting times are to obtain the chosen good, asking whether you intend to confirm the order or not. The Supplier’s IT system confirms the registration of the order as soon as possible by sending the user a confirmation by email, which does not produce any legal obligation, as it is a simple summary of the order.

9) LIMITATIONS OF LIABILITY

the PARTNER COMPANY of Bio Pharmatik assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times set out in the contract. the PARTNER COMPANY of Bio Pharmatik cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its sub-suppliers. the PARTNER COMPANY of Bio Pharmatik will also not be liable for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to it, the Buyer having the right only to a full refund of the price paid. the PARTNER COMPANY of Bio Pharmatik does not assume any responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, upon payment of the products purchased, if it demonstrates that it has adopted all the ordinary possible precautions of the moment and based on ordinary diligence.

10) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SELLER’S OBLIGATIONS

No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. In any case, the injured party will have to prove the defect, the damage and the causal connection between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party. THE PARTNER COMPANY of Bio Pharmatik assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, to execute the sales agreement within the agreed times. It will not be liable to any party for damages, losses and costs suffered as a result of failure to execute the sales agreement for the causes cited above, or for damages, losses and costs suffered as a result of the use or impossibility to use the products purchased, the customer having the right only to a possible refund of the price paid, excluding any shipping costs. Likewise, it is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards when paying for the products purchased.

11) BUYER’S OBLIGATIONS

The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the Contract. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep the web page containing the order data. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as at the time of finalizing the order a reference to this web page is shown.

12) RIGHT OF WITHDRAWAL

(ART. 5 Legislative Decree 185/99) The CUSTOMER has the right to withdraw from the contract stipulated remotely, without any penalty and without specifying the reason, by promptly communicating the cancellation within 10 days of the order placed via e-mail to the address of seller [email protected] before having received confirmation as previously provided, or before the goods have been shipped. If the goods have already been delivered, the right of withdrawal is exercised by sending, within 10 working days from the day of receipt of the goods, a registered letter with acknowledgment of receipt to the address of the SELLER’s headquarters. This communication must contain the data necessary to precisely identify the order, the clear intention to renounce the purchase and the product or products for which it is intended to exercise the right of withdrawal (which must not have been used in any way and which must be returned with the original packaging intact), attaching a copy of the relevant tax document (invoice or transport document).

The CUSTOMER is required to return the goods within ten days from the date of receipt of the same. In this case, the only costs payable by the consumer for exercising the right of withdrawal are the direct costs of returning the goods to the sender. The SELLER, on the other hand, undertakes to reimburse the CUSTOMER in the shortest possible time the sums paid by the latter as payment of the price, deducting the shipping costs of 25 euros and in any case within thirty days from the date on which, having become aware of the When the CUSTOMER exercises the right of withdrawal, he receives the ordered goods, intact, at the address agreed with the PARTNER COMPANY of Bio Pharmatik. The CUSTOMER cannot exercise the right of withdrawal: a) in the case of supply of goods made to measure, clearly personalized or which, by their nature, cannot be returned or risk deteriorating or altering rapidly; b) in the event that failure to collect the ordered goods is attributable to the CUSTOMER’s absence from the place of delivery or, in any case, to his delay or negligence.

13) GOODS EXCHANGE

the PARTNER COMPANY of Bio Pharmatik also grants the Buyer the right to exchange goods within the same article. To obtain an exchange of goods, the Buyer is required to send an email to the address [email protected] always within 10 (ten) working days from the day of receipt with indications of the code of the item or items that are intended to be exchanged indicating the replacement goods.
Once the request has been received, the Customer Service Office of the PARTNER COMPANY of Bio Pharmatik will send the Purchaser a written confirmation, containing the authorization number for the exchange of goods. The Buyer must indicate this goods exchange authorization number on the label applied to the package of products to be returned. In any case, the transport costs for the exchange are borne by the Buyer. the PARTNER COMPANY of Bio Pharmatik will not bear the costs necessary to send the product requested in exchange. the PARTNER COMPANY of Bio Pharmatik reserves the right to request photographic evidence before authorizing returns or exchanges for products claimed to be defective. In the event that they are defective, the PARTNER COMPANY of Bio Pharmatik will not bear the costs necessary to return the products to their warehouses, a return which must be taken care of by the buyer. We do not accept exchanges or returns of products that have been tampered with or otherwise altered. It will be the Buyer’s responsibility to ensure the transport of the goods returned for exchange; otherwise, in the event of theft or loss the goods will not be refunded. We do not accept returns of items on sale or custom-made items.

14) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA

Bio Pharmatik protects the privacy of its Buyers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196. The personal and fiscal data acquired directly and/or through third parties by the Supplier who is the data controller are collected and processed in paper, electronic and telematic form, in relation to the processing methods with the aim of recording the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service (art. 24 , paragraph 1, letter b, Legislative Decree no. 196/2003). Bio Pharmatik obliges itself to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law. Personal data will be communicated, after signing a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose. The Buyer enjoys the rights referred to in the art. 7 of Legislative Decree 196/03, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed; c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this requirement is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purposes of sending advertising or direct sales material or for carrying out market research or commercial communication. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer’s request cannot be processed. In any case, the acquired data will be kept for a period of time no longer than is necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely. The owner of the collection and processing of personal data is Bio Pharmatik, to whom the buyer can address at the company headquarters.

15) COMMUNICATIONS AND COMPLAINTS

Pursuant to art. 12 of Legislative Decree 70/03, Bio Pharmatik informs the Buyer that each order sent is stored in digital form on the server on which the site resides according to confidentiality and security criteria.

16) METHOD OF STORAGE OF THE CONTRACT

Written communications directed to the Supplier and any complaints will be considered valid only if sent to the address

Data Controller

Bio Pharmatik

Via D.Alighieri 53022 Buonconvento, Siena

Owner’s email address: [email protected]

The Buyer indicates in the registration form his residence and domicile, the telephone number or the e-mail address to which he wishes communications from the Supplier to be sent.

17) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS

Confirmation of the order implies acceptance of these general conditions for the Buyer. These conditions may be updated or modified directly with the transcription of the new rule on this site. The modification or update will be valid and effective for orders that have not yet been entered and for which the web page summarizing the order data has not yet been displayed and printed.

CONTACT INFO

• Data Controller Bio Pharmatik, Via D.Alighieri 53022 Buonconvento, Siena
  Owner’s email address: [email protected]