1. Name of the Site and ownership
1.1 These General Conditions of Sale (“General Conditions of Sale” or, alternatively, “GCS”) govern the remote purchase of products through the following website: www.farmaciassannunziata1561.it , owned by Ker S.r.l., via dello Steccuto 39, 50141, Florence, ITALY. VAT number 03871900480, Economic and Administrative Index (REA) 396742.
1.2 For purposes of this General Condition of Sale, “User” refers to any natural person purchasing products from the website.
2. Scope of the CGV
2.1 The offer and sale of the Products on the site constitute a remote contract governed by Chapter I, Title III (articles 45 and following) of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
2.2 These General Conditions of Sale apply to all contracts concluded with Ker S.r.l. on the site.
2.3 Ker S.r.l. can modify The General Conditions of Sale at any time. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
2.4 In case of a conflict between the General Conditions of Sale and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the site, the terms and conditions more favorable to the User will apply.
3. Site registration
Site registration is for free after filling in the appropriate form. Registration on the Site allows the user to place orders and get access to a number of functions, including managing your personal data, getting information about placed orders and taking advantage of dedicated services.
4. Sale and Purchase Agreements
4.1 Sale and Purchase Agreements are entered into between the Parties at the time the User receives the Order Confirmation. Should the User not receive the Order Confirmation within the deadline under art 4.1, the related Order will be considered rejected by Ker S.r.l. and thus have no effect. Ker S.r.l. is not liable for any failures or malfunctions related to the data transmission operator.
5. Availability of the Products
5.1 Save for the provisions under clause 5.2, Ker S.r.l. with reference to each Product published in the On-Line Shop, specifies whether: (i) the Product is available at its warehouse; (ii) the Product is not available at its warehouse.
5.2 The availability of products on the site may vary. Ker S.r.l. has the right to vary the type and availability of products published on the site without incurring any liability to Ker S.r.l.
5.3 The availability of the Products is by no means binding. The Products indicated as “not available” in accordance with clause 5.1 (ii) cannot be purchased by the User. Should a Product (indicated as available at the time the Order was placed by the User) no longer be available Ker S.r.l, save for the provision set forth under clause 5.2, will use its best endeavours to inform the User by email offering an alternative and freezing the payment if made by credit card or Paypal. In this case, without prejudice to the right of withdrawal described in the following art. 11, the User can integrate or confirm the order within 48 hours after the sending of the email, by answering it. In case of no reply by the User within 48 hours, Ker S.r.l. will proceed by sending the available products. In case of payment by credit card, Ker S.r.l. will process the payment at the time of ordering and unavailable products will be immediately refunded to the User.
6. Price and shipping cost
6.1 The Price is in € (euros), The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the User. Ker S.r.l. undertakes to constantly check the On-Line Shop in order to avoid any possible error or inaccuracy. However, it is possible that the On-Line Shop bears, or might bear, errors, inaccuracies, or oversights from time to time. In case of price error, the user can reconfirm the order according to the modality described in art. 5.3.
6.2 The Price is inclusive of VAT (22%) if the Products are delivered inside the European Union.
6.3 The Price does not include shipping costs. Standard shipping to Italy is €5 for orders below €50 and free for orders over €50 (estimated delivery time 5-7 working days), 8€ for Express Shipping (BRT courier – estimated delivery time 24-48 hours); If payment upon delivery (mark) is requested, a supplement of 7€ will be added to the total. Shipping costs outside Italian territory will be automatically calculated during checkout according to the total weight of the order and the destination country. Shipping is free for orders over 200€ outside of Italy.
6.4 The shipping price asked by Ker S.r.l is shown separately from the product price, before the order confirmation, and it will be paid by the user according to the method described in the following art. 7
6.5 Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the User, who will directly pay the amount destined to tax and customs authorities to the courier at delivery time. Ker S.r.l. is not liable for any delay due to customs checks.
7. Methods of purchase
7.1 The purchase of the Products on the Site takes place upon registration, pursuant to clause 3, and is allowed both to users who have the quality of consumers, and to users who do not have this quality. Purchases made by natural persons are permitted only on condition that they have reached the age of eighteen.
7.2 Pursuant to section 3, subsection I a) of the Consumer Code, it should be noted that individuals are classed as consumers when purchasing Products not intended to be used for business, trade, or professional purposes.
7.3 Ker S.r.l. reserves the right to refuse or cancel orders received from (i) a user with whom it has pending legal proceedings; (ii) a user who has previously breached these GCS and/or the terms and conditions of a purchase agreement with Ker S.r.l.; (iii) a user who has been involved in any type of fraud, particularly with regard to payment by credit card; (iv) users who have provided a false, incomplete or otherwise inaccurate identity or have either failed to submit the documents requested to Ker S.r.l. promptly or else sent invalid documents.
7.4 In case Ker S.r.l., for any reason, cannot fulfill a received order, the user will be promptly informed, and an alternative will be offered to the User. The User is not entitled to damages or indemnity, as well as any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things caused by failure to accept, even in part, an order.
7.5 Ker S.r.l. does not warrant that the colors of the products as seen on the site are faithfully reproduced. Variations due to technical features and color resolution of the computer used by the User and/or the browser may occur. Ker S.r.l. is not responsible in case some products are represented in an inadequate way due to technical reasons described above.
8. Payment methods
8.1 The User can pay for the products and the shipping (see art. 6) in one of the following ways: bank transfer, credit card, Paypal.
8.2 If payment is made by credit card, credit card data entered during the ordering procedure is protected and is transmitted directly to the bank in charge of the payments. The payment is made on a safe server directly, with an SSL deciphering key. The credit card data is not accessible by Ker S.r.l. or third parties, neither at the time of placement of the Orders nor later.
8.3 If payment is made by PayPal, at the time the Orders are placed by the User, the web session shall be redirected on PayPal's safe Web site. On such Web site, the User will be able to complete the payment of the Price and of the shipping as described in art. 6 using their own PayPal account and in accordance with PayPal conditions for utilization of service, which User will have accepted either at the time or previously. The Price and the shipping cost shall be charged on User's PayPal account upon the Confirmation Order being sent by Ker S.r.l.
8.4 Simultaneosly with the orders, Ker S.r.l will send a document to the User confirming the order by e -mail to the address entered by the User at time of order. In case the User needs the invoice, his/her social security number (in case of private customers) or VAT number (in case of companies) must be added at the time of purchase. The information provided by the User will be considered to create an invoice. No amendment of the bill will be possible after its issuance by Ker S.r.l.
8.5 Any information received by Ker S.r.l. will only be used to complete the procedures relating to the product sale and for reimbursement in the event of the right of withdrawal referred to in art. 10 by the User.
8.6 Ker S.r.l. reserves the right to vary the available payment methods, provided that available are to be considered the methods published on the website when the User places an order.
9. Shipping and delivery of the Products
9.1 Being understood that "shipping" of Products by Ker S.r.l. means the collection of the items by the selected couriers, Ker S.r.l. is not obliged to ship the ordered items until the payment is received. Once it is received, Ker S.r.l. is committed to ship the products: when the Products are available (as defined under clause 5): (i)- within 3 working days from receipt of the communication authorizing the charge of payment; (ii)- should one or more Products become unavailable, even if it was available when the order was placed by the User, Ker S.r.l. will use its best endeavors to inform the User, by email, that non available item/s can be replaced by an alternative, freezing the payment if done by credit card. In this case Ker S.r.l. leaves the User the possibility to confirm or integrate the order according to methods defined under clause 5.3.
9.2 Ker S.r.l. guarantees the shipment of the Products to the countries listed in the On -line Shop, via express couriers selected from time to time depending on the Product ordered and the place of destination. Products are shipped by Ker S.r.l. and delivered by the courier selected by Ker S.r.l. to the address indicated by the User at the time of registration (see the above-mentioned clause 3).
9.3 Ker S.r.l. undertakes to do everything in its power to ensure that the products shipped pursuant to art. 9.1 and 9.2 shall be delivered by the selected couriers within 7 working days in Italy and 15 working days for international orders, depending on the destination country. Every order is delivered from Monday to Friday, excluding public holidays. Ker S.r.l. is not responsible for any delivery delay that is beyond its control.
9.4 The delivery terms defined under clause 9.3 cannot, in any event, be considered binding and Ker S.r.l., not being able to directly control the delivery of the Products subsequent to shipment, cannot be held responsible in any way for their non-compliance.
9.5 As soon as the order is entrusted to the courier, an email with the trucking number and any necessary information will be sent to the provided User’s email address.
9.6 The User can always check the status of orders only after the shipment of Products and by utilizing tracking data communicated as described in clause 9.5.
9.7 The User, or authorized third parties who are Users at the address indicated for the delivery of the Products in the Confirmation Order, are required to check at the time of delivery, that: (i) the Products correspond to those indicated in delivery documents (DDT) for both quantity and type, (ii) the parcel/package of the Products is intact, undamaged, not wet nor altered in any way even in the closing materials.
9.8 Any damage to the parcel/package of the Products must be immediately claimed by the User by means of a check written on the subject to proof of delivery courier. It is understood that once the slip is signed without any claim, the User cannot raise any objection to Ker S.r.l., with reference to the external characteristics of the goods.
9.9 The Products may be delivered by couriers only to the User or persons he/she appoints, the subject to whom the Products are delivered must affix a signature to authenticate the delivery. Couriers do not deliver to PO boxes nor by inserting the Products in letter boxes or similar.
9.10 (See clause 6.3) Standard shipping to Italy is €5 for orders below €50 and free for orders over €50 (estimated delivery time 5-7 working days), 8€ for Express Shipping (BRT courier – estimated delivery time 24-48 hours); 7€ for payment upon delivery (mark – estimated delivery time 5-7 working days). Shipping weight of the order and the destination country. Shipping is free for orders over 200€ outside of Italy. Costs outside Italian territory will be automatically calculated during checkout according to the total.
10. Order processing
Orders are processed from 9:00 am to 7:00pm GMT Monday to Saturday. Orders placed after 4.00pm on Saturdays will be processed the following Monday. Orders for available products will be processed within 3 working days from receipt of payment. All stages of the process and the status of the orders will be visible in the User’s personal account. To examine and verify the order’s information, the User can enter the account and click on " My Orders ", clicking on the order number to view the details.
11. Right of withdrawal
11.1 Should the User who is a " consumer" (i.e. a natural person who is acting for purposes which are outside his trade, business , craft or profession ), the User shall have the right , pursuant to and by effect of art. 64 of the D. Decree no. 206/2005 ( Consumer Code), to terminate the Sale and Purchase Agreement within 10 days from the date of receipt of the Products Sale and Purchase Agreement (the "Right of withdrawal "). The Right of withdrawal must be exercised by the User by sending a written notice to Ker S.r.l., by e -mail at the address referred to in art. 16. Containing: (i) the intention to exercise the right of withdrawal, (ii) an indication of the Order which gave rise to the Sale and Purchase Agreement from which to cancel.
11.2 In the event of the exercise by the User the Right of withdrawal User undertake to return the products within 10 working days of receipt of the goods. All costs related to the return of the Products are entirely borne by the User. Ker S.r.l. undertakes to refund the price of the products in the shortest time possible, and in any event within 30 days from the date of receipt of notice of withdrawal pursuant to Art. 10.1, provided that:
– The Products have been returned and are intact;
– Has also been returned packing / original packaging and the Products is intact, also any accessories are returned and are intact;
– Products have not been used.
Ker S.r.l. shall communicate to the User the methods for reimbursement of the price and may for that purpose require to the User the relevant banking data (IBAN and owner of the bank account).
11.3 Should the User not exercise the right of withdrawal in a manner that is inconsistent with the procedures and time limits laid down in clause 10, the User is not entitled to a refund.
11.4 This online shop operates from the European Union and, as such, all transactions are ultimately made in Euro. If you live outside the Euro zone, the Euro value of the product will be converted into your currency on the day the refund is processed. The refund will be processed as soon as the products is returned to our warehouses and its integrity has been checked.
12. Flaws / defects of Products
12.1 Should the Products bear any faults/defects they must be reported by the User directly to Ker S.r.l.
12.2 The User is entitled to the rights of the consumer of art. 130 of Legislative Decree 206/ 05 (Consumer Code), and these rights must be exercised within the terms of Art. 132 of the same D. Decree 206/05.
13. Errors and / or inaccuracies in the Online Shop
Ker S.r.l. undertakes to constantly check the site www.farmaciassannunziata1561.it in order to avoid errors or inaccuracies. However, it is possible that the site www.farmaciassannunziata1561.it contains, or may in time, errors, inaccuracies or omissions, some of which may relate to pricing and availability of the Product, and to the details of the Products. Ker S.r.l. reserves the right to correct any errors, inaccuracies or omissions contained in this website www.farmaciassannunziata1561.it even after an order has been submitted and reserves itself the right to change or update information at any time without prior notice to the User.
14. Intellectual Property
All intellectual property rights, such as trademarks and copyrights, related to Online Shop (including its contents) are the exclusive property of Ker S.r.l.. The www.farmaciassannunziata1561.it site and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked or used for any purpose without the prior written consent of Ker S.r.l.. Any unauthorized use of this content copying, the inclusion of and the association with content not originating within this online store is not allowed and will be prosecuted by law.
15. Applicable law and jurisdiction
15.1 The conditions of access to the site www.farmaciassannunziata1561.it are governed by the provisions of Italian law and shall be interpreted in accordance to Italian laws.
15.2 The User agrees to the exclusive jurisdiction of the Italian courts. For any controversy arising from or related to the General Conditions of Sale, navigation and use of the website, it will be exclusively settled by the Court of Florence.
16. Severability Clause
Ker S.r.l. cannot be liable for any errors or for any loss or damage caused by or arising from information obtained from Users directly from the website. This site and the information contained therein, in addition, may be subject to change at any time without prior or subsequent communication.
17. Limitation on Liability and Redress
Ker S.r.l. cannot be held responsible in any way for any actual, direct, indirect, incidental, consequential damage, or any other kind, arising from the use of or inability to use the information, products or material on this website. Because the exclusion or limitation of liability regarding incidental or consequential damages are not allowed in some countries, the above limitations may not apply in all or part of the User.
For further information and assistance with the site www.farmaciassannunziata1561.it on how to purchase online, customers can directly contact Ker S.r.l. by calling +39 055 210 738 – available during the shop’s opening hours – or by sending an e -mail to firstname.lastname@example.org.