GENERAL ONLINE SALES CONDITIONS (“ECGV”)
(Version 1.0 – Nov 2018)

1. INTRODUCTION AND GENERAL PROVISIONS

2. DEFINITIONS

3. SCOPE OF APPLICATION

4. REGISTRATION TO THE SITE AND USE OF THE IDENTIFICATION CODES

5. PROCEDURE FOR PURCHASE AND PROCESSING OF ORDERS

6. CONCLUSION OF THE CONTRACT, EFFECTIVENESS, REFUSAL AND EXECUTION

7. RIGHT OF WITHDRAWAL

8. CONSUMER GUARANTEES

9. JURISDICTION AND CONCILIATION

1. INTRODUCTION AND GENERAL PROVISIONS

A. The following ECGV regulate the offer and sale of products on the website: www.anticafarmaciacamaldoli.it. The site is owned and managed by the Monastic Community of Camaldoli (“Community”) whose data are shown on the page “About Us”.

B. For anything not covered by these General Conditions, please refer to Warnings, Procedure for Purchases, Privacy, Cookies and other communications published or sent electronically.

C. Without prejudice to the consumer’s right, as defined below, to enjoy the rights provided for by their own legal system, the General Conditions and all contracts concluded online on the Site are exclusively governed by Italian law, with the express exclusion of the provisions of the 1980 Vienna Convention on international sale of movable property. In particular, the contracts concluded with the Community through the Site are governed by Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by the Legislative Decree 9 April 2003, n. 70 (“Ecommerce Decree”).

D. The buyer, as defined below, is invited to read carefully and diligently keep the General Conditions, that are published and freely downloadable from the Site, also in order to allow them to be stored and preserved according to law.

2. DEFINITIONS

A. The following expressions conventionally indicated with the capital letter (whether in the singular or plural) have the respective meaning:

• Online general conditions (or “ECGV”): contractual conditions with which the Community regulates commercial relations with the navigators and buyers, as defined below, by virtue of telematic negotiation;

• Buyer: person who concludes the contract with the Community, or the natural or legal representative, in accordance with the Consumer Code, who acts for purposesunrelated to any business or professional activity carried out unless otherwise approved (“Consumer”). The Site is not addressed to the professional or to the natural or legal person acting in the exercise of his business or professional activity, or to his intermediary, who, therefore, can not conclude telematic transactions with the Community;

• Navigator: person who browses the Site, obliged to comply with the Disclosure regulations as regards him, even if he is not a Buyer;

• Privacy: privacy policy published by Antica farmacia di Camaldoli on the Site, relating to the processing of the personal data of the Navigator and the Buyer. The information is available on the Privacy page;

• Data: personal data of the Navigator and the Buyer, provided in accordance with the Privacy, for example, by filling out the form for registration on the Site;

• Product: an item or items in a single transaction. The information relating to the Products collected in the relevant sheet can not be considered binding for the Community except in the forms and according to the procedures established by the ECGV, always subject to the provisions of the Consumer Code and other mandatory regulations. It should be noted that the sheet contains the data and information deemed essential to illustrate the characteristics and qualities of the Product; in case of particular needs, by way of example for suspicions of intolerances, it is the Buyer’s responsibility to ask Antica Farmacia Camaldoli for additional information on the Product, by contacting the Community at the addresses available on the Site or exercising the right of withdrawal in the forms and in the manner provided for by the ECGV;

• Online shop: e-commerce platform hosted by the Site. The information in the Online Shop is available in Italian and in any other languages indicated on the Site;

• Parties: the Community, the Buyer and the Navigator;

• Contract: agreement for the purchase and sale of one or more Products concluded electronically between Antica Farmacia Camaldoli and the Buyer under the ECGV. The Contract is considered concluded in the place where the Community has its registered office. The conclusion of the Agreement on the Site is reserved for adults (who are over 18);

• Registration: the free operation that involves the release of authentication credentials (“Identification Codes”), represented by a User ID (in the form of an email address) and a Password (in the form of an alphanumeric code), which allow access to the reserved area (login). The Registration has the function of uniquely identifying the Buyer in the case of purchases made over time and to allow a better usability of the Site, also by accessing a reserved area;

• Price: the amount to be paid as consideration for the purchase of the Product, valid only for Consumers, whether they are located in the European Union  or not. It is expressed in euros, indicated in the Product sheet and must be understood as inclusive of VAT, if due, unless otherwise indicated;

• Charges: additional charges borne by the Buyer for the purchase of the Product, such as shipping costs (which also include packaging). These charges are however specified to the Buyer before the conclusion of the Contract;

• Financial intermediary: the subject accepted by the Community, through which the payment of the Price and the Charges can be made (for example, Paypal, credit institution, etc.);

• Order: purchase order sent by the Buyer in the  manner provedied for by these ECGV and the Purchasing Procedure, followed by the Community order confirmation;

• Delivery: for the purpose of exercising the faculties provided for by the guarantees and the right of withdrawal, this means the material receipt of the Product object of sale, regardless of the subject (logistic or postal operator) who takes care of the related activities and materially carries out the Delivery to the Buyer. Further information on shipping and delivery methods are provided in the Procurement Procedure.

3. SCOPE OF APPLICATION

A. The ECGV may undergo modifications and additions over time. For this reason they are published with the progressive identification number and the month of publication, starting from the first version of December 2012, which bears the identification number “00”. The ECGVs are in force from the time of publication on the Site. Buyers are invited to regularly access the Site and check the ECGV in force. The ECGVs in force at the time of receipt of the Order are applied.

B. The ECGVs do not regulate the sale of products and / or the provision of services other than Products, which are indicated on the Site through links, banners or other hypertext links.

C. Retailers, wholesalers or all those Buyers who intend to purchase the products offered for sale on the Site for the purpose of subsequent resale may not in any case make purchases on the Site. it is forbidden for these subjects to register and make purchases on the Site, even through a third party, unless directly authorized by the Community. The Community reserves the right to prevent unauthorized people from accessing the Site and in any case to refuse the Order coming from them.

4. REGISTRATION TO THE SITE AND USE OF THE IDENTIFICATION CODES

A. To purchase Products it is necessary to:

• register by creating an account. To complete the registration procedure, it is required to fill in the relative form, entering the required data, including, by way of example, name, surname, e-mail address, password, date of birth, telephone number, the billing address and (if different) the delivery address. These data are processed by the Community in accordance with the privacy information available on the Privacy page;

• approve the ECGVs by selecting the appropriate box on the Registration form. The non-acceptance of the ECGVs makes it impossible to complete the Registration and to make purchases on the Site by sending Orders.

B. The Navigator is solely and exclusively responsible for the correctness and truthfulness of the data provided during the Registration and undertakes to keep said data updated according to the methods provided by the Site.

C. The Buyer agrees to take every precaution necessary to guarantee the secrecy and correct use of the Identification Codes, the use of which is exclusively personal. The Buyer is therefore exclusively responsible for any activity carried out through the use of the aforementioned Identification Codes. The Buyer must inform the Community without delay in case of suspected abusive, improper use and / or disclosure to third parties of the Identification Codes.

D. Therefore, the Community may legitimately consider the Buyer, identified with the Identification Code to be attributed to him, to be bound by all the manifestations of will and / or consent provided through the use of the Identification Codes associated with the same Buyer.

5. PROCEDURE FOR PURCHASE AND PROCESSING OF ORDERS

A. To finalize the Contract on the Site, the Buyer should follow these steps: select and insert desired Products into the “cart”; verify the summary of the Order; choose the payment method and enter pertinent payment details such as credit card number; place the Order with the Community by sending the transaction digitally through the Site over the internet connection, making sure to follow the instructions that will appear from time to time on the Site and which will accompany the different phases of the ordering process. Before completing the dispatch of the Order, the Buyer is invited to verify the correctness of the same, correcting any error.

B. The Order is archived in the database of the Community for the time necessary for processing and, in any case, according to the law. To access the Order and the Order history, the Buyer can consult the “Order History” section of the Site.

6. CONCLUSION OF THE CONTRACT, EFFECTIVENESS, REFUSAL AND EXECUTION

A. The receipt of the Order by the Community is confirmed by e-mail sent to the e-mail address provided by the Buyer, together with further information.

B. The conclusion of the Contract is communicated via email to the Buyer, by means of a confirmation message containing the details of the Order, the Price and the Charges of the Products purchased, of the chosen payment method, the link to the ECGV applied by the Community is attached . The Buyer undertakes to verify the content and correctness, reporting any errors to the e-mail address indicated on the Contact page.

C. The Community reserves the right to refuse orders – returning any amounts paid by the Buyer – (i) from persons who have violated legal provisions, the ECGV, the Warnings and other instructions published on the Site or (ii) that are anomalous in relation to the quantity of products purchased or the frequency of the same or (iii) that the availability of one or more products in the order is insufficient to the fulfillment of the same. In this case the Community will refund the sums relating to the product / s which are not available.

D. The Community starts the execution of the Contract only upon full receipt of the Price and Charges, informing the Buyer at the time of shipment of the Products. The Community fulfills its obligations with the Delivery of the supply subject of the Contract to the courier which from time to time makes use of. Shipping methods and approximate delivery times are specified in the Purchase Procedure page.

E. The Buyer has the right to modify or revoke the Order before receiving the Product shipping email, using the contacts on the Contact page.

F. Without prejudice to the rights of Consumers, the Delivery terms indicated on the Site are attributed to non-essential nature for the purpose of completing the Contract, having to be considered merely indicative.

G. Any responsibility in relation to the correct debit of the payments arranged through the optional systems on the Site and the processing of the related data (credit card) is exclusively attributable to the financial intermediaries and / or issuing institutions or which manage the service (Paypal).

H. According to the procedures set out in the Purchasing Procedure, if the Delivery to the address indicated by the Buyer fails (for example, due to the buyer’s unavailability or unjustified refusal to collect the Products), after thirty (30) days from the return of the courier to the Community, the Contract will be considered terminated. The Community reserves the right to charge the Buyer for delivery and / or return costs, deducting them from any refund due to the Buyer. The Community will proceed with the reimbursement of the total amount paid by the Buyer, minus the costs of delivery of the Product that has not been successfully completed, as well as expenses. The termination of the Contract and the amount of the reimbursement will be communicated to the Buyer by e-mail. If, before the end of the thirty days, the Buyer requests to receive the Product again, PDB will proceed with to the new shipment, after charging, in addition to the costs of the same, the costs of returning the product to the Community.

I. The Community, in order to optimize logistic operations and maintain competitive prices, can use logistic warehouses / warehouses (eg GLS, BRT, TNT, AMAZON, etc.) of third parties that will send products purchased on behalf of the Community. order recipient.

L. The Community undertakes to complete the shipment of the order as soon as possible (on average 24 / 72h) reserving however the possibility of processing within 14 working days as a maximum deadline. Making use of logistics warehouses spread over national and European territory, as set out in point I above, the recipient of the order could receive the purchased products even with partial shipments from different logistics depots. With the payment of the order and acceptance of the General Conditions, the Customer also accepts this condition of receipt of goods.

7. RIGHT OF WITHDRAWAL

A. The Community wishes to guarantee the complete satisfaction of the Buyer (Consumer). The Consumer Code in articles 64 and following allows the Consumer to withdraw from the contract, without specifying the reason, by returning the products purchased online within ten working days starting from the date of receipt of the products. The Community has decided to extend this deadline to 15 working days, anticipating the adaptation to the new EU legislation.

B. In order to exercise the right of withdrawal, the Consumer must send to the following address: info@anticafarmaciacamaldoli.it or by telegram or fax to the addresses on the Contact page a communication containing:

• the manifestation of willingness to exercise the right of withdrawal;

• the indication of the products for which the Consumer wishes to make use of the right of withdrawal;

• the progressive order number issued at the time of purchase;

• the data relating to the Customer’s bank account, exclusively in the event that the Customer has made the payment by bank transfer.

C. In case of exercise of the right of withdrawal, the Community will refund the full price and charges incurred by the Consumer for the purchase of the Products as long as they are returned by the Consumer in normal condition and only if the return instructions above will be correctly respected. In any case, each delivery will contain easy instructions for the return of the Products. The Community reserves the right to refuse the return of those Products that do not comply with these requirements.

D. In the event that all the above conditions have been met, the Community will refund the amount paid for the purchase of the returned Product as soon as possible and, in any case, within thirty (30) days from the date of receipt of the communication of exercise of the right of withdrawal, after sending an email accepting the return. Refunds will be made using the same method of payment used for the purchase. In the event that the Products are delivered to a person other than the one who has paid the Price, the Community will credit the sums due to the person who paid the Price.

E. In case of withdrawal exercise for a part of the purchased Products related to a single shipment, the Consumer will be refund for the  portion of the costs arisingfrom the shipment, determined proportionally, taking into account the utility enjoyed by the Consumer.

F. The costs of returning the Products are charged to the Consumer.

G. The right of withdrawal can not be exercised by the Consumer in the case of the purchase of customized and / or made and / or made-to-measure Product or that, by their nature, can not be returned or are liable to deteriorate or expire rapidly.

8. CONSUMER GUARANTEES

A. The Community ensures the application of the 24-month legal guarantee provided for by the Consumer Code, articles 128 and following.

B. For the return of Products that the Consumer deems flawed and / or defective and / or non-compliant, the Community reserves the right to request the sending of photographs with attached images of the Product or Products in question , certifying, if possible, the reason for using the guarantee. In case of acceptance of the Consumer’s complaint, the Community will send a communication with the eventual authorization to return and the instructions for the return at his own expense. In any case, the Consumer, before returning the Product, is invited to wait for the instructions or any proposals from the Community. In case of non-compliace with the above conditions (for example, failure to authorize the return, return with a different courier to that indicated by the community), the guarantee will not be applicable or in any case may not operate in whole or in part.

9. JURISDICTION AND CONCILIATION

A. For any dispute between the Consumer and PdB the court in which the Consumer has his / her residence or domicile is competent.

B. For all disputes arising from the ECGV and the Contracts, including those relating to their existence, effectiveness and interpretation, the Community and the Consumer, before referring to the aforementioned judicial authority, will have the right to make use of thw conciliation service provided by the Chamber of Commerce or by another person, authorized by law, to which the Consumer has turned.

Terms and conditions
Right to Withdraw
Delivery Restrictions
Shipping and Payments
Privacy Policy
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