This document contains the general terms and conditions on the basis of which the use of the web site farmaciassannunziata1561.it that provides the possibility to buy online the products of Farmacia SS. Annunziata since 1561 is offered to the users.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:
Owner: KER S.R.L., with registered address in FIRENZE (FI) VIA DELLO STECCUTO 39 CAP 50141, VAT number/Tax code 03871900480, FI – 396742, fully paid-up share capital of 10.400,00€, certified e-mail address (PEC) firstname.lastname@example.org
Application: the web site farmaciassannunziata1561.it
Products: the goods provided to the user by the Owner.
User: any person who accesses and uses the Application.
Consumer User: the natural person who enters into a contract for purposes which are not related to his trade, business or profession.
Conditions: this contract which governs the relationship between the Owner and the Users as well as the sale or supply of the Products offered by the Owner through the Application.
2 Scope of the Conditions
2.1 The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and / or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the services related.
2.2 The Owner may amend the Conditions at any time.
2.3 The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product
2.4 Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.
2.5 The Owner reserves the right to change, at his own discretion and at any time, even after the User has registered, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application,
communicating to the User the relative instructions, when necessary.
3 Purchase or delivery request through the Application
3.1 All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery method, times and expenses, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the
Product may occur. Furthermore, the images of the Products shall be considered as a mere representation and do not constitute a contractual element.
3.2 Purchases and / or delivery requests of one or more Products through the Application are permitted to Consumer Users.
3.3 Purchases and / or delivery requests are permitted only to natural persons of legal age. For minors, any purchase and / or request for the supply of Products through the Application shall be examined and authorised by the parents or those exercising parental authority.
3.4 The offer of Products through the Application shall be deemed as an invitation to prepare an offer and the order sent by the User as contractual purchase proposal and / or a delivery request, subject to the confirmation and / or the acceptance of the Owner as described below. Therefore, the Owner has the right to accept or refuse the User’s order or delivery request at its discretion. Accordingly, the User is not entitled to complain about the Owner’s decision for any reason.
3.5 The contract of sale or provision of the Products is deemed to be concluded with the Owner’s acceptance of the User’s contractual purchase proposal or delivery request. The Owner shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User or by displaying a web order confirmation page. The confirmation shall contain the date of the order, User’s data, the characteristics of the Product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and / or taxes, if any, delivery address, delivery times and costs, if any, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.
3.6 The contract of sale or supply of the Products is not effective between the parties in absence of what is indicated in the preceding paragraph.
3.7 In the event that the Product is not available, the Owner shall inform the User the new terms of delivery and ask if the User intends to confirm the order. It is understood that the contract shall be deemed as concluded only with reference to the Products accepted by the Owner.
3.8 The User shall verify the correctness of the data reported in the order confirmation and immediately notify the Owner of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.
4.2 The User has the responsibility to keep login credentials. The login credentials shall be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party has access to them. Should the User suspect or become aware of any improper use or disclosure, he shall immediately inform the Owner.
4.3 The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless from any damage, indemnity and / or penalty resulting from and / or in any way connected to the infringement by the User of the
Application registration rules or the storage of the login credentials.
5 Account cancellation and closure
5.1 The registered User can interrupt the use of the Application at any time and deactivate his account or request the cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address email@example.com or by calling the customer service at
the number +39 055 210738.
5.2 In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
6 Prices and payments
6.1 For each Product the price including VAT, if due is indicated. If the price cannot be calculated in advance, due to the nature of the Product, the methods for calculating the price shall be indicated.
6.2 Furthermore, all possible taxes, additional costs and delivery costs which may vary depending on the destination, the chosen delivery method and / or the payment method used shall be indicated. If these expense items cannot reasonably be calculated in advance, there shall be an indication of which
expenses to be charged to the User.
6.3 The Owner reserves the right to change the price of the Products as well as any additional costs at any time. It is understood that price changes shall in no case affect the contracts already concluded before such change.
6.4 The User undertakes to pay the price of the Product within the times with and methods indicated in the Application and to communicate the information requested.
6.5 The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).
6.6 Should these third party tools deny payment authorisation, the Owner shall not provide the Products and cannot be held responsible in any way.
7 Methods of purchase
The purchase of Products on the Site is subject to registration, in accordance with clause 3, and is allowed both to Users who are consumers and to Users who are not consumers. Natural persons are allowed to purchase only if they are at least eighteen years old.
Pursuant to art. 3, paragraph I, letter. a) of the Consumer Code, we remind you that natural persons who, in relation to the purchase of the Products, are acting for purposes unrelated to their entrepreneurial, commercial, professional or craft activity are considered consumers.
Ker S.r.l. reserves the right to refuse or cancel orders that come (i) from a User with whom it has an ongoing legal dispute; (ii) from a User who has previously violated these GTC and/or the conditions and/or terms of the purchase agreement with Ker S.r.l. (ii) by a User who has previously violated these GSC and/or the conditions and/or terms of the purchase contract with Ker S.r.l.; (iii) by a User who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by a User who has provided false, incomplete or inexact identification data or who has failed to promptly send Ker S.r.l. the documents requested by Ker S.r.l. or who has sent invalid documents.
In the event that Ker S.r.l., for whatever reason, is unable to process even a part of an order received, it shall promptly notify the User, proposing an alternative if possible. Any right of the User to compensation for damages or indemnity, as well as any contractual or extra-contractual responsibility
for direct or indirect damages to persons and/or things caused by the non-acceptance of an order is excluded.
Ker S.r.l. does not guarantee that the colors of the Products as displayed on the Site are reproduced in an absolutely faithful manner. Some variations are possible due to the technical characteristics and color resolution characteristics of the computer used by the customer and/or the browser.
Consequently, Ker S.r.l. shall not be responsible for any inadequacy of the graphic representations of the products shown on the Site, if due to the aforementioned technical reasons.
8 Methods of payment
The User may pay the price of the selected Products and the contribution for shipping costs as per art. 6 above by bank transfer, cash on delivery, credit card, PayPal. Ker S.r.l. reserves the right to change, at any time, the payment methods that can be used by Customers, it being understood that those published on the Site at the time the Orders are placed by the User will be considered usable.
In case of payment by credit card, the credit card data sent during the placing of the Orders are protected. The payment is made directly on a secure server, with SSL encryption key in order to guarantee the absolute security of the transaction. Credit card details are not accessible to Ker S.r.l. or
in any case to third parties, neither at the time of placing the Orders nor subsequently.
In case of payment through PayPal, at the time of sending the Orders by the Customers, the Web session will be transferred to PayPal’s secure Web site. On this website, the Customers can complete payment of the price and of the contribution for shipping costs as per clause 6 above using their PayPal account and according to the conditions of use of the PayPal service subscribed to by the Customers at that time or previously. The price and the contribution for shipping costs shall be charged to the Customers’ PayPal account at the same time Ker S.r.l. sends the Order Confirmation.
At the same time the Orders are sent, Ker S.r.l. shall send the User a confirmation document via e-mail to the address entered by the User at the time of the Order. If the User needs an invoice, he must enter his tax code at the time of purchase if he is a private customer or his VAT number if he is a company. For the purposes of issuing an invoice, the information provided by the user will be used as proof. No change in the invoice shall be possible after it has been issued by Ker S.r.l..
The information received by Ker S.r.l. shall be used exclusively to complete the procedures relating to the sale and purchase of the Products and for reimbursement procedures in case of exercise of the right of withdrawal referred to in art. 10 below by the User.
The User who intended to receive the invoice for the payment shall provide the Owner with the billing information. In this case, the User declares that the information provided is true and releases the Owner from any liability in this regard.
10 Material Products’ delivery methods
10.1 The material products and / or digital goods supplied on a material support shall be delivered to the address indicated by the User, in the manner and at the time chosen or indicated in the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in
the order confirmation shall provide the period of time usually required to deliver the Product from the moment the courier takes charge.
10.2 In the event that it is not possible to provide the Products requested, a prompt notice shall be given to the User via e-mail, indicating the expected time of delivery or the reasons that make the delivery not possible.
10.3 If the User does not intend to accept the new term or the delivery has become impossible, he can request a refund of the amount paid, which shall be paid promptly with the payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the
10.4 Upon receipt of the Product, the User is required to verify its compliance with the order as well as the integrity of the packaging. In case of evident damage to the packaging and / or to the Product, the User can refuse the delivery of the Product and may return it without any charge. Once the delivery
document has been signed, the User cannot make any objection to the external characteristics of the Products delivered.
10.5 The Owner is not liable for damages losses and costs incurred as a result of the failure to execute the contract due to force majeure.
11 Exclusion of the right to withdrawal of the Consumer User
11.1 The right to withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded relatively: to the supply of sealed Products, which have been unsealed by the Consumer and are not then suitable for return due to health protection or hygiene reasons.
11.2 For more information, the User shall contact the Owner at the e-mail address firstname.lastname@example.org or call the customer service at the number +39 055 210738.
12 Material Products’ guarantee of conformity for Consumer Users
12.1 The legal guarantee of conformity, as provided for in Sections 128-135 of the Italian Consumer Code, is recognised for all the Products sold through the Application that fall under the category of “consumer goods”, as regulated by Section 128, paragraph 2 of the Italian Consumer Code: any tangible movable items, also to be assembled, with the exception of i) sold by way of execution or otherwise by authority of law, also by delegation to notaries, ii) water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, iii) electricity.
12.2 The legal guarantee of conformity is reserved only to Consumer Users
12.3 The Owner undertakes to deliver the Consumer User Products in compliance with the sales contract. The Products are presumed to be in conformity with the contract if they:
– are fit for the purposes for which goods of the same type are normally used
– comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model
– show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or
his representative, particularly in advertising or on labelling
– are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted.
12.4 Any faults or malfunctions caused by accidental facts or by the responsibility of the Consumer User or by use of the Product that is not in conformity with its intended use and / or with the technical documentation provided are therefore excluded from the scope of application of the guarantee of conformity.
12.5 The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months following the date of discovery of the defect.
12.6 Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. After 6 months, the Consumer User must provide proof that the damage was not caused by incorrect or improper use of the Product.
12.7 According to the Section 130 of the Italian Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore conformity of the Product, without charge. To this end, the Consumer User can choose between repairing the Product or replacing it.
12.8 This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively expensive. Furthermore, the Consumer User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement
are impossible or excessively expensive; ii) the Owner has not repaired or replaced the Product within a reasonable period; iii) the replacement or repair has caused considerable inconvenience to the Consumer User.
12.9 In order to to use the remedies provided by the guarantee of conformity, the Consumer User shall send a written communication to the e-mail address email@example.com or call the customer service at the number +39 055 210738.
12.10 The Owner shall promptly reply to the communication of the alleged lack of conformity and shall indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the defect reported
13 Industrial and intellectual property rights
13.1 The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Content available on the Application. Therefore, all the trademarks, figurative or word and all other signs, commercial names, service marks, word marks,
commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.
13.2 The Conditions do not grant the User any license for use relating to individual contents and / or materials available therein, unless otherwise regulated.
13.3 Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorised, will be considered violations of the intellectual and industrial property right of the Owner.
14 Exclusion of warranty
14.1 The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.
14.2 The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily
and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner’s will or due to force majeure events.
15 Limitation of liability
15.1 The Owner shall not be held liable towards the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
15.2 Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User only having the right to a full refund of the price paid and of any additional charges incurred
15.3 The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, since he does not enter in any way in contact with the payment data used (credit card number, name of the holder, password, etc.).
15.4 The Owner shall not be held liable for:
– any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owne
– incorrect or unsuitable use of the Application by Users or third parties
– the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion
15.5 In no case the Owner shall be held liable for a sum greater than twice the cost paid by the User.
16 Force majeure
16.1 The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
16.2 The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur
16.3 The Owner will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.
17 Links to third-party web sites
17.1 The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.
17.2 Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to
which the Owner assumes no responsibility.
19 Applicable law and jurisdiction
19.1 The Conditions are subject to Italian law
19.2 For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to courts where the Consumer User resides or has elected domicile, if located in the territory of the Italian Republic, without prejudice to the right of the User Consumer of
going to court other than the “consumer court” pursuant to Section 66 bis of the Italian Consumer Code, competent for the territory according to one of the criteria of the Sections 18, 19 and 20 of the civil procedural code.
19.3 The application to Consumer Users who do not have their residence or domicile in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their residence or domicile is reserved, in particular in relation to the term for the exercise of the right of withdrawal, after the return of the Products, in case of exercise of this right, the formalities of the communication and the legal guarantee of conformity.
20 Online dispute resolution for Consumer Users
The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the
sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/