BETWEEN THE BUYER AND THE PHARMACY DOTT. Ciarcia
TERMS AND CONDITIONS OF USE
(version 01-2018 / A)
ART 1 SUBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
"On-line" purchase contract means the distance contract, ie the legal transaction concerning movable property and / or services stipulated between:
there Dr Ciarcia Pharmacy, (so called from now on), which represents the "seller",
with registered office in Via Roma, 20 Solopaca (province of Benevento BN), Italy;
(VAT number) VAT number 00847080629 IT - (Tax Number) Tax Code CRCMHL59H30F636S
the "buyer", (So called from now on), which represents a" consumer "or" customer ".
The contract is stipulated as part of a distance selling system organized by the seller who, for this contract, uses the remote communication technology called "Internet" or the sale "by phone".
All contracts, therefore, will be concluded directly through access by thebuyer to the website corresponding to the address www.ciarciapharmacy.it or www.farmacia-ciarcia.it , where, following the indicated procedures, he will conclude the contract for the purchase of the good, alone or with the help of the Dr Ciarcia Pharmacy staff.
ART. 2 SUBJECT OF THE TELEPHONE CONTRACT AND ITS DEFINITION (telephone orders)
THE'buyer who does not want to place an order on the website, can order by phone, by voice.
The purchase contract by telephone is completed when thebuyer contact the Pharmacy Dott.Ciarcia, informs that he wants to proceed with the order by making a purchase proposal, supplying the data necessary for the registration procedure, of his name, complete address, telephone number, e-mail, mobile phone number, purchase order and payment method chosen.
Because of the difficulty to understand each other by telephone, to avoid errors in the choice of products, thebuyer it undertakes to supply us, in addition to the commercial name, also the MINSAN code or the EAN bar code or any other code that uniquely identifies the product without the possibility of errors.
Our staff will create on the site anyway www.farmacia-ciarcia.it the account of thebuyer, with a fictitious password, containing his profile and the telephone order made.
THE'buyer you can access your account at any time, change the password and check the correspondence with the order.
To receive the credentials of the account just give us a communication by e-mail or by phone.
We do not accept returns for incorrect goods delivered compared to what is ordered, it is the obligation of thebuyer check the correspondence between the item ordered and the amount transferred on the order.
This type of order is more complicated for us and exposes us to possible errors.
THE'buyer he must tell us the name, address, mobile phone and what he wants to buy.
To make sure you don't miss a product it's better to let us know the product barcodes.
If you do not communicate them, no charge can be made to Dr.Ciarcia Pharmacy.
THE'buyer will receive a phone call or an SMS or an e-mail or a WhatsApp with the details of the order, the number of our POSTEPAY, the combined Tax Code and the amount to be credited.
Or you will receive the details of our bank account to make the transfer.
Once the phone call or SMS or e-mail has been received, the order is considered confirmed for all legal purposes as described in this Sale and Purchase Agreement.
As soon as we receive the agreed sum on our accounts, we will send the goods and an SMS with the details of the registered letter or tracking number.
- CONTRACT ACCEPTANCE:
The telephone buyer, by making the purchase proposal, also declares to have read and accepted this Sale and Purchase Agreement.
ART. 3 TERMS OF SALE
These conditions of sale will remain effective until they are changed by the seller with a specific version number.
Any changes to the conditions of sale will be effective from the moment they are published on the previous Internet sites with the updated version and will refer to sales made from then on.
ART 4. BUYER'S OBLIGATIONS
- false or invented data
it is strictly forbidden tobuyer to enter false, and / or invented, and / or fantasy data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications.
The personal data and the e-mail address must be exclusively their real personal data and not of third parties, or of fantasy.
It is expressly forbidden to make double entries corresponding to a single person or enter data of third parties.
The Dott.Ciarcia Pharmacy reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of common consumers and their rights.
NB With direct registration via Facebook profile, you must ensure that your profile data is true, accurate and complete.
Very often they are not and errors are generated.
Facebook data is in fact copied to create your own account on our site.
- acceptance of general conditions
THE'buyer undertakes and commits, once the online purchase procedure has been completed, to print and keep the present PAYMENT AGREEMENT, the PAYMENT conditions and the DELIVERY AND COSTS conditions that are an integral part of this contract and which, moreover, will have already viewed and accepted in this obligatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition referred to in article 3 and 4 of the Italian Legislative Decree N ° 185/1999.
- acceptance of goods delivery procedures
THE'buyer, once having confirmed the order, undertakes and obliges:
the. wait or verify the arrival of the COURIER or postman, accept and collect the goods on delivery;
ii. verify the notices of attempted delivery by the COURIER:
either paper-based items left in the letterbox, or pasted next to the name, door, intercom, etc., either by e-mail or telephone;
iii. pick up the package at the storage depots if the collection at home has not been successful;
iv. provide the correct address and name for the delivery and check that the name provided is correctly and clearly applied outside the place of delivery, otherwise he undertakes to provide.
v. be traceable to the telephone number provided and answer even if the calling number is unknown or anonymous, because we or the COURIER could contact him;
you. check the communication tools SMS, E-MAIL, WATHSAPP, FACEBOOK and what else to us
communicated, to be tracked by CORRIERE or by us in case we cannot contact him
by other means;
vii. also check the SPAM folder of your e-mail to prevent the protection systems
discard incoming mail, ours or the carrier's;
viii. communicate and report with CORRIERE or Poste or with us, to facilitate delivery or resolve
any problems and to facilitate the success of the delivery;
ix. ALWAYS put, upon collection of the package or goods, before the moment in which it is requested
the signature for receipt, whether the package is intact or broken, the following wordings as appropriate:
1- package visually intact: "Control reserve, package intact"
2- Visually damaged package: "Control reserve, package damaged"
3- pack with open casing: "Control reserve, open parcel"
4- visually wet pack: "Control reserve, wet pack"
In short, all the anomalies that occur on delivery must be noted.
The wording must be written either on the paper document or on the digital terminal before signing, even if the COURIER says that it cannot be done, there is no space, it is in a hurry, it starts to protest.
Failure to affix it relieves the Pharmacy Dott.Ciarcia from any responsibility for what is delivered.
THE'buyer he assumes all responsibility and any damage or theft done by CORRIERE or by third parties remains his responsibility.
We will take care to intervene with the shipper to request reimbursements in case of manifestity of the same and to do everything possible to facilitate thebuyer.
(This, no one ever tells you:
Affix "the reserve" is your duty and right that must always be done, with any goods arrival, of any company.
The transporters try to avoid this "reserve" of the recipient, as the failure to affix them relieves them of any responsibility for what was delivered.
When delivering the package to you, the COURIER always hurries and annoys you when you tell him you want to put "the reserve". You do not let yourself be intimidated, it is your right! )
ART. 5 FISCAL RECEIPT AND INVOICE
The goods are sold without a receipt and without an invoice.
Sales to private individuals of tangible goods through indirect electronic commerce are assimilated to mail order sales, for which the exemption from invoicing pursuant to Article 22, paragraph 1, No. 1 of Presidential Decree 633/1972 exists
and by the obligation of certification by receipt and tax receipt, pursuant to Article 2 of Presidential Decree 696/1966.
The administration executes the annotation of the sales directly in the register of the fees referred to in art. 24 of Presidential Decree 633/1972.
To receive the receipt or invoice, you must first fill in the registration phase
the fields required and required by law, which include:
Name and Surname or Company Heading
delivery address of the goods,
the Tax Code
or in the case of companies, Tax Code and VAT number.
The receipt or invoice must be requested at the time of order in the NOTES field;
or with contextual communication to the order, via email to
email@example.com ; or CONTACT US or notify us by phone.
- The invoice will be issued only after payment has been received;
- For international shipments the invoice is issued automatically, without the need to request it, as it is mandatory in the import / export rules;
- Once a receipt has been issued, it is not possible to issue an invoice for the same order;
- The Italian Revenue Agency, with Resolution 107 of 4 July 2001, established that:
the invoices (even if sent by e-mail) to both the person who issues it and the person who receives it, are obliged to keep them on paper and record them in the accounts;
- THE'buyer relieves the Pharmacy Dott.Ciarcia from any liability arising from the issue of incorrect tax documents, due to errors in the data provided by thebuyer.
The purchaser is solely responsible for their accuracy and correct insertion.
ART. 6 RIGHT OF WITHDRAWAL BUYER
The products sold online are fundamentally distinguished in perishable and non-perishable goods.
In the first category there are those products that can be sensitive to transport, storage and opening (example: cosmetics, food).
Cosmetics and food come to us directly from the supplier, are guaranteed in their distribution cycle by the responsibility and professionalism that only a Pharmacist can provide, ensuring their traceability, correctness of transport, proper storage and handling and their inviolability, the correct transport and storage temperature.
- International shipments withdrawal is not possible.
As for cosmetics, specifically make-up products, we cannot accept returns with reasons regarding the liking or otherwise of colors.
The color tables are visible on the website and it is indicated that the colors printed on magazines, photos or evaluated on the PC monitor, may not correspond to reality.
The purchase remains the sole responsibility of thebuyer.
As regards the Covermark line, moreover, it is indicated that, for a fee, Dr.Ciarcia Pharmacy sends a TEST table of real colors in paste, complete and exhaustive, in order to test the required products on the skin.
NB you cannot choose a color on a computer monitor, on television or in print, it is logical that the colors cannot match those of the real colors. Also these last ones change nuance according to the color and the typology of the skin. The coloring of cosmetics should be tested on the skin!
- Open primary packs:
The packaging of sensitive products, after they have been violated, coming into contact with oxygen in the air or worse still touched with fingers or otherwise polluted, lose the guarantee of quality, the guarantee of sterility and therefore the guarantee of safety provided by the manufacturer and the products cannot be resold to others.
We do not accept returns of products to which the packaging has been opened or to which the seals of the primary packaging have been violated.
There are methods to make sure this has happened, even if they appear intact, including fingerprinting or chemical-physical analysis.
In case of return, these products, by law, must be sent for thermo-destruction because they are violated by a possible criminal act of adding foreign substances or replacing the product or adding toxic substances.
CAUTION In the case of open primary packaging we do not make any refund of the goods as the product is no longer salable.
(You too would not be happy if we sent you a product opened and rejected by others).
- Closed primary packages and / or unpackaged packages:
the. The shipment of the goods from the Pharmacy to thebuyer, is delivered after a few days,
through CORRIERE or Poste Italiane.
Transport may alter the condition of the package, making it look old or used,
even if the packaging is performed according to law.
For this reason we will not accept returns with the reason "crumpled or abused packaging".
ii. In some cases, with particularly sensitive products, we cannot accept the return, not even
if the package is intact.
There is a lot of difference between the delivery to the buyer (which happens in a few days) and when a
parcel is sent back to the sender.
In case of refusal of packages, there is a double return (round trip).
We must consider:
the time cycle, handling, shaking and storage, which can damage even more
the packages, making them unsaleable.
The thermal variations based on the climatic conditions are very important.
cosmetic or food products or sensitive products in general may undergo temperature changes
could alter the perfect state of preservation.
The Dr.Ciarcia Pharmacy cannot take responsibility for the correct preservation of the products, carried out by CORRIERE or by the Italian Post Office, as it cannot control the delivery and storage chain.
For these reasons, even if the packaging is intact, the products purchased can be returned only with prior notice, with a valid reason and relative authorization to return made by us.
Any product returned must be intact and absolutely not crumpled or worn. The packages must not have been opened, even if not sealed, and in no way must the products have been tested or touched inside the box that contains them.
In this case, the round-trip shipping costs are always borne by thebuyer.
ART 7 BUYER'S RIGHT OF WITHDRAWAL - PROCEDURE
The right of withdrawal is exercised by sending a written notice to the seller's address (Farmacia Dott.Ciarcia via Roma, 20 cap 82036 Solopaca BN) by registered letter with notice of receipt or by telegram.
It can be anticipated via e-mail to firstname.lastname@example.org provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours.
It is essential to summarize: your data, the order number in question, as well as the individual products covered by the withdrawal, a valid reason for the return.
All within 14 working days from the date of receipt of the goods.
The incorrect procedure and the incorrect compilation of the data invalidates the right of withdrawal. The withdrawal period expires after 14 days.
The return procedure will be managed by us through our affiliated COURIERS.
It is not possible to make a return independently from thebuyer.
ART 8 RIGHT OF WITHDRAWAL OF THE SELLER
If the seller, represented by Dr.Ciarcia Pharmacy:
- is aware of any errors in the transaction due to a malfunction of the virtual store software
- is aware of the mere error of the staff in charge of managing the site, in the entry of data both in the Front-Office and in the Back-Office,
- believes that a transaction could damage the same seller,
he can withdraw from the contract.
The withdrawal will be communicated to thebuyer by email or by phone or SMS, giving the right motivation.
In this case, the sum already paid by thebuyer.
All 'buyer no damage or compensation will be recognized, no interests of any kind will be recognized.
ART 9 GOODS INSURANCE
The breakages of the goods inside the package are very rare.
For products subject to danger of breakage (liquids, perfumes, glass) or very expensive products or very heavy or delicate products, we strongly recommend that you request insurance.
For costs ask in advance to email@example.com
ART. 10 BROKEN OR MISSING PRODUCTS
The products are packed for good according to the transporter's instructions, they are checked and photographed before delivery to the carrier and their perfect condition is guaranteed at the time of departure.
- Products arrived brokenif the products break due to transport, they can be returned within 3 days of receipt only upon notice by e-mail to firstname.lastname@example.org and related return authorization from us, of course at our expense.
Please notify us as soon as possible and we will give you directions to do.
We will take care of sending the new product and returning the old one.
It is mandatory to send more photos (from various angles) of the broken product and the external packaging, to verify the damage and verify the responsibilities of the carrier.
Don't throw anything away, the COURIER will come with the new product to which you will have to give back the old one for the suitable verifications.
With liquid products, try to get everything flowing.
Then, put all that has arrived (external and contained packaging) in an airtight envelope and entrust it to the COURIER.
In case of absence or unavailability of the replacement product, we will issue a credit VOUCHER of the same value, to be used in a future order.
No cash refund will be made.
We do not accept returns for broken products due to thebuyer.
- Products missing in the package
The products are checked and photographed before being sent.
If there are no products in your package, you must notify us as soon as possible and we will send you what is missing.
At the same time we will have to make a complaint to the authorities and find out what happened.
- Damaged external packaging
In the event of damage to the outer packaging, thebuyer, at the time of delivery, it has the duty to put appropriate written reservations on the paper forms of the transporter or on the digital terminal with electronic writing and immediately inform us.
It is the obligation of thebuyer always put the reservations, both if you accept the package and if you do not accept it.
The sentences to be applied are ritual sentences, which all transporters agree
(example: "broken package, delivery refusal" or "broken package, I accept delivery subject to goods control") the same procedure applies to other situations such as "wet package", "tampered package", "package with incorrect recipient".
NB: These are mandatory obligations, on penalty of forfeiture of any right concerning a possible problem on the goods or shipment.
- Undamaged external packaging
Even in the case of a package whose external packaging is apparently intact upon delivery, you MUST ALWAYS write, under the delivery note that they make you sign for receipt or on the digital terminal,
the wording: "Control reserve, package intact" for the following reasons.
THE'buyer he does not know of all the problems connected with commercial transactions, nor of the relevant legislation, for which he signs the receipt "in good faith" maybe pressed by the shipper who is in a hurry.
It is easy not to notice that next to the signature field the shipper adds a small word: "I accept without reservation".
This little trick raises the shipper from legal responsibilities.
CAUTION : There may be theft or tampering, done either by the shipper's personnel or by external persons (it has already happened) in which the external packaging has been violated, opened, picked up goods and closed with the same wrapper as the shipper or with the same adhesive tape to seal the packaging.
In this case, nobody can notice the fraud action, just by looking at the package from the outside.
Even to an expert eye, the packaging would appear intact, while inside, it would result in a partial or total removal of the goods.
There could be more serious cases, such as tampering with the original products or replacing them or altering them, for criminal or terrorist purposes.
However, if these cases occur, the law admits that there is a solution to make a claim on the COURIER, thebuyer needs to:
1) have written the clauses of "control reserve";
2) report the damage just known and in any case no more than eight days from receipt, by registered letter with return receipt (art. 1698 cc) and immediately notify by e-mail to the Dr Ciarcia Pharmacy, possibly accompanied by photos from different angles of the package external and internal merchandise, so as to initiate a procedure against the COURIER or unknown persons.
NB: These are mandatory obligations, otherwise the loss of any right concerning a possible problem on the goods or shipment.
The costs and the goods will be fully reimbursed atbuyer or the missing goods will be sent back to complete restoration of the order, only after appropriate investigations and the consequent goodness of the complaint.
- Fraudulent actions by the buyer
Keep in mind that to avoid by thebuyer fraudulent actions, the goods and the packaging, are appropriately photographed, weighed and measured by special electronic instruments before the assignment to the COURIER.
During the transport chain, the carrier also performs appropriate physical and photographic surveys. This kit of technical information and photos remains available to the Judicial Authority for the necessary checks.
In the event of a fraudulent investigation, a criminal complaint will immediately be filed with the competent bodies.
ART 11 DATE OF EXPIRATION OF COSMETICS
The cosmetics, in a specific way, do not show the expiration date as it starts from the first opening of the primary envelope, from the moment in which, that is, the product comes into contact with the oxygen of the air.
On the external packaging, in fact, there is affixed the international symbol of the "open jar" which shows the months in which the product is valid from the moment of opening.
ART 12 COST OF DELIVERY DELIVERY and FREE SHIPPING
The products we sell are reloaded by a low margin to maintain the aggressive Internet market, so the cost of shipping has a significant impact.
To meet the customers, however, we have established a flat rate cost for the benefit ofbuyer. Example: for shipments to mainland Italy excluding islands and particular areas, up to 2 kg we charge only € 3.90 (while we cost about € 6.50), even for larger shipments the price is flat rate .
From March 2016 we have decided to make shipping free for orders up to 2Kg and over 70.00 euros.
For shipments abroad, there is no discount on the shipping price.
In the event of any returns, the expenses cancel the gain, indeed they create an unjustifiable loss, for these reasons we have established cases in which the flat-rate cost and free shipping lapse.
- Cases in which the flat or free cost expires and the full amount of the shipment must be paid:
the. In case of cancellation of the order by thebuyer, when it has already been sent
or of his failure to collect from CORRIERE or Poste or Dogana, with consequent return to the sender,
the shipping cost declines. The Dott.Ciarcia Pharmacy will retain the total cost of the
shipping without discounts.
ii. In case of return of a product not due to defects or breakages or an error of the
Dr Ciarcia Pharmacy, the shipping cost declines. Dr.Ciarcia Pharmacy will hold back
the total cost of shipping without discounts.
ART. 13 PACKAGING
To maintain the competitive price, the packaging of the products takes place in order to save space and weight. On the other hand, the products are already equipped with their own packaging which ensures the integrity of the internal product even if they themselves can sometimes be wrinkled when the delivery arrives. THE'buyer acknowledges and accepts.
A shipment with special packaging, rigid or boxed, must be previously agreed with Dr.Ciarcia Pharmacy and is at the expense ofbuyer both the cost of the packaging and the increase in the shipping cost and labor costs.
- Recycled packaging
With a view to saving costs, we have chosen to use recycled packaging.
This becomes an economic saving for thebuyer, (but also of an attention to the environment, to which we are particularly sensitive),
THE'buyer acknowledges and accepts.
A shipment with new, particular, rigid or boxed packaging must be agreed in advance and is at the expense ofbuyer both the cost of the packaging and the increase in the shipping cost and labor costs.
- Packing gift package
the. Standard gift pack
In the case thebuyer want the purchased goods to be packaged with a package
gift can request it when ordering by ticking the appropriate box, the order will be
loaded with a small fee which is added to the total cost and visible in the cart.
If thebuyer close the order without ticking the "gift package" box and then request the gift package in the notes, the seller can request the credit with "additional payment" of the amount that was not paid in the order.
The gift package will be packaged according to a criterion established from time to time, also based on the material available, the contents of the package, the recurring holiday, any indications of thebuyer tell us in the notes.
To keep the above gift pack intact, we affix a second packing. Should this packaging alter the shape and weight, falling into a category of higher transport costs, additional expenses will be required, to be paid with the specific procedure on the site.
ii. Personalized gift package
In the case thebuyer request a special or personalized gift box, it is logical that it should be requested in advance during the order, specifying the characteristics in writing or establishing it by phone or e-mail.
To keep the aforementioned gift pack intact, we add a
second packaging which obviously will be bigger both as volume and as
weight altering shipping costs.
A shipment with special packaging (new, special, rigid or boxed)
is at the expense ofbuyer, and foresees both the cost of the packaging and the increase in the shipping cost due to shape and weight and labor costs.
Additional costs will be required to be paid with the appropriate procedure on the site.
ART. 14 PAYMENT EXCEEDING THE VALUE OF THE ORDER
In case of order placed and paid in an increased way (eg: thebuyer credits a sum higher than the actual amount to be paid), the Dr.Ciarcia Pharmacy will issue a credit VOUCHER for the difference that can be collected in a subsequent order.
Dr.Ciarcia Pharmacy will not issue refunds by sending money eg PostePay credits, bank transfers etc. as there would be an increase in costs, time and management.
No cash refund will be made.
ART. 15 IN CASE OF FAILURE WITHDRAWAL
Unfortunately there are many people who, inexplicably, order goods and refuse them even though they are aware of having concluded and accepted a contract with the Dr.Ciarcia Pharmacy.
We are available to solve any problem by meeting the needs of thebuyer but once the contract is concluded we assume all the duties and responsibilities that it entails, so we demand that it also does thebuyer subscriber to this Sale and Purchase Agreement.
- Prepayment (credit card, Postepay, bank transfer, Paypal, Hipay)
If the buyer refuses the goods on arrival for any reason not agreed or incorrect data are provided regarding the shipment, and the goods return back to the sender or in storage at the COURIER, or the delivery of the COURIER or Post Office is not facilitated. delivery is not successful, or the goods are not collected at Customs, the buyer assumes responsibility:
the. however, to pay the value of the entire order plus the shipping and redelivery costs to the sender,
plus any charges and customs fees even if these were originally agreed free of charge.
ii. he also undertakes to pay any costs such as storage at the depots, any damages and
the additional costs of managing both the COURIER and the Dr.Ciarcia Pharmacy.
The goods will remain available for 30 days at the Dr.Ciarcia Pharmacy for a new shipment.buyer.
THE'buyer can contact the Dr.Ciarcia Pharmacy to have a new shipment and assume the burden of paying all the above mentioned plus the new shipping and handling costs even if these were originally free of charge.
After 30 days from the return of the package, without any complaint, thebuyer loses all rights and the goods will be returned to the disposal of the Dr.Ciarcia Pharmacy.
- Cash payment on delivery (cash on delivery)
Due to the many problems we had, we decided not to make deliveries with this type of payment. Many people made the order and then did not accept it or did not make themselves found at home, causing the transport costs to fall on us.
Alternatively, you can top up our Postepay at the tobacconist or at the Post Office (see payment with Postepay).
ART 16 REIMBURSEMENT OF CANCELED ORDERS
- Cancellation by thebuyer (prior notice and related authorization)
When thebuyer intends to cancel an order placed, you must request authorization from the Pharmacy Dott.Ciarcia according to the right of withdrawal referred to in Article 5.
the. Orders paid in advance with credit cards, debit cards, Postepay, Paypal, Hipay
In case of order cancellation or refusal:
- If before shipping, atbuyer the entire amount paid is credited to your payment system.
If due to technical problems due to the interbank circuit it will not be possible, a voucher of the same value will be credited only for the goods to be spent on the website of the Dr.Ciarcia Pharmacy.
- If, after shipment, it is credited with a voucher:
the amount paid by thebuyer deducted 10% of the value, plus the expenses of
return transport of goods, plus handling fees
of the practice by the COURIER, customs fees, secretarial expenses and any damages.
NB cosmetic or sensitive products must have the seal intact, otherwise we will not collect it or make a refund
ii. Orders paid by bank transfer
In case of order cancellation or refusal:
- If before the shipment, a voucher will be credited for the same value as the only commodity to be spent on the website of the Dr.Ciarcia Pharmacy or a transfer of the amount paid from thebuyer deducted 10% of the value, as compensation for the operating expenses plus the cost of the transfer.
Attention: international extra-EU transfers cost a lot.
- If, after shipment, it is credited with a voucher:
the amount paid by thebuyer deducted 10% of the value, plus the expenses of
return transport of goods, plus handling fees
of the practice by the COURIER, customs fees, secretarial expenses and any damages.
NB cosmetic or sensitive products must have the seal intact, otherwise we will not collect it or make a refund
- Cancellation by the sellerThe Dr.Ciarcia Pharmacy has the faculty to unilaterally terminate the stipulated contract by giving simple communication to thebuyer also via e-mail or SMS, giving adequate reasons.
The Dott.Ciarcia Pharmacy has the right also in the event of an IT system error.
In this case only the sum already paid by thebuyer, no other sum or compensation can be claimed, no interests of any kind or expenses for damages will be recognized.
the. For orders paid in advance with credit cards:
in case of total cancellation, (where the interbank payment system allows it), tobuyer the amount paid will be credited.
in the event of partial cancellation, (where the interbank payment system allows it), the unused amount will be credited, (this occurs when some ordered and paid products are no longer in stock or when some products are no longer available).
When in your profile, the status of the order will be "REIMBURSED" will mean that the reversal operation was performed at the banking circuit and was authorized by the same. THE'buyer it also receives an email, referring to the order, with the "REFUNDED" status.
If refunding is not possible, a VOUCHER will be credited to spend on the site.
NB The Dr.Ciarcia Pharmacy reassures its customers about the goodness of the operations and that they are actually carried out by us. Of course we cannot take responsibility for any problems or delays in the interbank circuit, in any case, just let us know and we will do everything we can to make you repay the amount paid. With us you must feel comfortable.
NB Normally from the moment of payment by credit card, the banking circuit does not immediately withdraw the money. Some days will pass for the actual withdrawal.
This is established in the contract with your banking institution.
So, if our repayment transactions take place before the sum is withdrawn, thebuyer will not see the withdrawal or the credit on the current account.
The whole operation takes place only virtually on the credit card account.
If time has passed and the sum has already been withdrawn from the account, thebuyer will see in your current account, first the figure in question with the minus sign and then when it is credited, the same figure with the plus sign.
THE'buyer, in case of doubt, you can contact your bank or banking system and ask for explanations or, if you wish, we can provide you with a copy of the transaction carried out by us by email.
ii. For orders paid in advance with wire transfers:
– In case of repayment on current accounts with banks in Italy :
we issue a transfer to your current account, of which you will give us the details, IBAN and SWIFT via email.
Redemption requests are allowed on Paypal and Hipay accounts.
– In case of repayment on foreign accounts, both EU and non-EU :
due to the high bank costs and the non-security of the success of the transaction (which in this case does not provide for any repayment by the banks involved in the transaction) we do not reimburse any amount by bank transfer.
Reimbursement atbuyer will take place exclusively by crediting a VOUCHER to spend on our site.
Redemption requests are allowed on Paypal and Hipay accounts.
ART 17. ORDER INSERTED IN AN WRONG WAY
Nothing can be expected from the Pharmacy Dott.Ciarcia if the order of the products is performed incorrectly by thebuyer: due to carelessness or lack of technical knowledge or due to malfunctioning of your terminal.
It often happens that upon arrival of the goods one realizes that one has ordered unwanted goods.
The Pharmacy website gives ample opportunity to view and check the products in the cart and to correct them even after the order has been closed and in good time before shipping.
In addition, the program automatically sends a summary e-mail with the details of the order and the products entered to the customer, together with the order confirmation.
In this case the conditions provided in the paragraph apply:
REIMBURSEMENT OF CANCELED ORDERS> cancellation by thebuyer
ART. 18 PRICE OF PRODUCTS
The price of the products is the one signed and confirmed with the purchase order.
Nothing can be claimed if the product purchased suffers a sudden change in price after order confirmation.
The products for sale on the site continually undergo price adjustments that are increasing or decreasing.
Often, as in the case of special offers, flash offers, offers for sale, there are also some important discounts or price cuts that are decided by the owner and applied instantly.
In the same way, discounted products or products with an important price cut, once the offer is over they return to commercial prices.
No notice is due from the Pharmacy Dott.buyer.
Internet sales are in themselves a sale with prices that change abruptly as the market situation changes, a bit like with stock market changes.
THE'buyer he can take advantage of the opportunities that come his way but logically he cannot complain if the products are no longer on offer and he has failed to take advantage of them.
ART. 19 EXPORT INSIDE THE EUROPEAN UNION
See next paragraph.
ART 20. EXPORT OUTSIDE THE EUROPEAN UNION AND CUSTOMS
For international shipments it is at our sole discretion with which courier to ship and how to package the package and how to ship.
The customer can agree on a personalized delivery by prior arrangement with the Dr.Ciarcia Pharmacy.
This is because at the Customs the goods may have problems or limitations entering the State of arrival.
In some countries we ship goods with Poste Italiane and in RECOMMENDED mode.
Many CORRIERI as they declare themselves in Customs, do not accept at risk the goods at risk such as Perfumes, Vials for hair, etc.
For international shipments, we recommend tracking shipments every day:
- to notice any problems
- because if there is a block to the Customs it is the responsibility of thebuyer clear the goods.
- Product prices for shipments abroad.All product prices are clearly indicated on our Website and are inclusive of ITALIAN VAT. (Italian VAT tax)
We are not yet equipped to sell without VAT.
- Customs costs.
The prices of the products do not include any other additional taxes, duties or customs duties, provided by the relevant legislation, such as those provided for the international importation of goods.
THE'buyer he must therefore arrange to clear the goods arriving in his country and to pay the duties and taxes (other than VAT) possibly due to the Customs of the State of origin.
THE'buyer of a foreign State that purchases on our Internet site:
- declares to be AWARE
that the purchase involves an export procedure on our part with declarations of responsibility and documents necessary for the export and an import procedure against him with declarations of responsibility and various documentation;
- declares to be KNOWLEDGE of the laws that regulate the subject and undertakes to comply with all international regulations concerning the import-export of goods.
He undertakes to clear the goods and to pay taxes of his country and customs duties.
Most of the time the goods that arrive in the state of the purchaser are not stopped at the Customs, therefore they are delivered without being checked and therefore without paying taxes and customs duties.
Customs inspections are done randomly.
It may happen that, occasionally, the goods are stopped and the importer (thebuyer, in this case) a series of documents is required and probably an import tax and customs duties.
We have observed that very often there is no fair logic in deciding the amount of these taxes and duties, but they are applied (at unquestionable judgment) even incorrectly and absurdly.
Sometimes taxes and duties can exceed the value of the goods.
The States thus want to limit the importation of goods, making the cost inconvenient, especially if the products are also sold in their own state.
Unfortunately, as Customs is a very complex organ, it becomes difficult to assert one's rights, especially when it comes to small sums.
- goods stopped at customsThe Customs in your area blocks the package, checks all the documentation that travels with the package, opens it, checks the goods.
If the goods cannot enter because they do not respect the laws, they are directly sent back or destroyed.
Goods at risk of blocking:
drugs, food, fruit, alcoholic products, hair dyes, sunscreens, cosmetic vials for regrowth or hair problems, cosmetics in general, etc. they are States-sensitive products that are restricted.
- documentation requestIf the goods are suitable and can enter:
The Customs requires additional documentationbuyer (also called importer) through the COURIER who handled the shipment (usually DHL or GLS or Poste Italiane).
The COURIER's office prepared for relations with the Customs contact thebuyer to the phone number we put on the package or send an email.
(don't call us, because we already put all the required documentation in the package).
The COURIER communicates to thebuyer all the things to do and the documents that have been requested to proceed to clear the goods.
One part is technical documents concerning the goods, information that thebuyer can't know; to facilitate I can compile them and send them already completed.
Other documents are personal information, to which thebuyer (social security number, identification documents, doctor's prescription, drugs he uses, the reason for the import etc.).
If thebuyer does not respond, the COURIER warns us and we do everything possible to get in touch with thebuyer, but for this we lose time.
Unfortunately we need to hurry because precious time is lost due to the time zone and to produce the documents.
When an international order is made it must be understood that it is a complex procedure and one has civil and criminal responsibilities.
- return to the senderCare must be taken to answer calls or emails.
If thebuyer does not respond and does not send these documents, after 10 days the Customs asks us whether to send back the goods or to destroy them.
the. If the goods are destroyed, thebuyer loses shipping and there is no reimbursement by the Dr.Ciarcia Pharmacy.
ii. If the goods come back:
thebuyer it loses the cost of the forwarding shipment, pays the Customs and CORRIERE expenses for the re-importation of the goods in Italy, pays any fees for the management of the return procedure.
The costs exceed the value of the goods, so no money will be returned.
The Dott.Ciarcia Pharmacy can claim on thebuyer for the recovery of expenses incurred and any damage suffered.
NB This solution is not convenient for anyone.
We cannot lose because thebuyer has not maintained its commitment with the Customs.
We have to pay the Italian Customs for re-import (depending on the value of the goods, around 50 euros to go up); we have to pay the CORRIERE DHL for the management of the case for importation in Italy (about 100 euros); we support secretarial expenses for handling the file.
For us, this shipment becomes a loss, not a profit.
ART 21 PRIVACY (Italian law 675/96) e DISCLOSURE pursuant to art. 13 of Regulation (EU) 2016/679 ("GDPR")
– DATA - The data is collected by Dr.Ciarcia Pharmacy with the consent of thebuyer, they are treated in compliance with the laws in force concerning privacy and will be communicated only to the persons in charge of carrying out the activities necessary for the execution of this contract. Regarding the communicated data, thebuyer may request and obtain its updating, rectification and integration, request its deletion, transformation into anonymous form or in bulk; in the case of unlawful processing, you can oppose your processing for legitimate reasons.
THE'buyer acknowledges that in the event of deletion of the data in our possession we will no longer be able to carry out the evasion of any orders against him. In which case you will have to provide us with both your data and the specific use authorization.
– PHONE - Thebuyer authorizes the Dr.Ciarcia Pharmacy to affix in a visible manner the telephone or mobile number outside the package to facilitate its delivery by the COURIER.
If you do not wish to have the aforementioned telephone numbers affixed, you must make a specific written communication by letter or email, accepting that, in the event of problems, there may be complications for the delivery of the package until receipt is not received.
If the package is returned to the sender, it is considered that thebuyer did not do everything possible to facilitate delivery and apply ART 13 IN CASE OF FAILURE WITHDRAWAL
THE'buyer authorizes the Dr.Ciarcia Pharmacy to process the data according to the Privacy law.
DISCLOSURE pursuant to art. 13 of Regulation (EU) 2016/679 ("GDPR")
Pursuant to Article 13 of EU Regulation 2016/679 (hereinafter GDPR), we inform you that the Dr.Ciarcia Michelangelo Pharmacy based in Solopaca, Via Roma, n.20 as Data Controller, will treat - for the purposes and the methods indicated below - the personal data provided by you.
In particular, Dr Ciarcia Pharmacy will process the following personal data:
A) personal and identification data (name and surname, fiscal code, residence, domicile, VAT number);
B) health data (existing and previous pathologies, possible allergies, medication, possible physical / intellectual / sensory disabilities);
C) Order history made;
The data referred to in point B) qualify as "particulars", pursuant to art. 9 of the GDPR
1. Legal basis and purpose of processing.
The personal data collected will be processed according to the principles of necessity, lawfulness, correctness, proportionality and transparency for the purposes and according to the conditions of lawfulness (so-called legal bases) indicated below: 1.1 The legal basis of such treatment is the need to fulfill a legal obligation. 1.2 The aforementioned treatment is based on legal obligations or regulations or on orders from competent Authorities.
2. Processing methods
The processing of your personal data is carried out, also with the aid of electronic means, by means of the operations indicated in art. 4 Code and art. 4 n. 2) GDPR and more precisely: the processing of personal data may consist of the collection, registration, organization, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction of data.
3. Nature of the provision of personal data
3.1 The provision of data as per letters A), B), for the purposes referred to in point 1.1. it is mandatory for the performance of its activities. Therefore the refusal will not allow the provision.
3.2 The provision of the data referred to in letters C) for the purposes referred to in point 1.2. is optional.
4. Scope of data communication
In order to achieve the aforementioned purposes, your personal data will be communicated to the National Health Service for legal obligations. Personal data will be processed by authorized personnel (pharmacists, counter staff) and by third parties identified as external Data Processors (specific service providers). Your personal data will not be disclosed.
5. Data transfer abroad.
Personal data is stored on servers located in Italy. Your data will not be transferred outside the EU.
6. Data retention period
The data will be kept for the time strictly necessary to achieve the aforementioned purposes, in compliance with the conservation obligations and the limits established by law.
7. Rights of the interested party
As interested, pursuant to art. 15 of the Regulations, you have the right to:
a) confirmation of the existence or not of personal data concerning you, even if not yet registered;
b) their communication in an intelligible form;
ii. get the indication:
a) the origin of personal data;
b) the purposes and methods of processing;
c) the logic applied in the case of processing carried out with the aid of electronic instruments;
d) of the identification data concerning the data controller, data processors and the representative designated pursuant to art. 5, paragraph 2 of the Privacy Code and art. 3, paragraph 1, GDPR;
e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the State, managers or appointees;
a) updating, rectification or, when interested, integration of data;
b) the deletion, transformation into anonymous form or blocking of data processed in violation of the law, including data which does not need to be kept for the purposes for which the data was collected or subsequently processed;
c) the attestation that the operations referred to in the letters to) is b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated, except in the case where such fulfillment proves impossible or involves the use of means manifestly disproportionate with respect to the protected right;
iv. object, in whole or in part:
a) for legitimate reasons, to the processing of your personal data, even if pertinent to the purpose of the collection.
Where applicable, You also have the rights referred to in Articles 16-21 GDPR (Right of rectification, right to be forgotten, right to limit treatment, right to data portability, right to object), as well as the right to complain to the Guarantor Authority.
8. Procedures for exercising the rights
You can exercise your rights at any time by contacting the Data Controller directly or by sending:
• a registered letter with return receipt to the address of the data controller.
• an e-mail at: email@example.com
At any time You can lodge a complaint with the Supervisory Authority in the event of violation of the rules on personal data protection.
9. Data Controller
Pharmacy Dott.Ciarcia Michelangelo Via Roma, n.20 - 82036 Solopaca - Benevento - Italy
ART 22. TRANSLATION OF THIS AGREEMENT
The translation into other languages of this contract was carried out with an automatic translator to facilitate thebuyer.
CAUTION We assume no responsibility for the quality of the translation between Italian and other languages.
It remains the responsibility of thebuyer the burden of printing and accurate and correct translation into other languages of this contract in Italian.
THE'buyer undertakes to accept the original Italian version of this contract.
ART. 23 COMPETENT JURISDICTION
For the fulfillment of their rights and for the recovery of the sums, the Dr.Ciarcia Pharmacy reserves the right to act legally.
The Court of Benevento, Italy is competent for any dispute.
ART 24. ACCEPTANCE OF THE ONLINE ORDER
Upon confirmation of the order thebuyer declares: to have read the present clauses, to accept them "in toto" and authorize the Dr.Ciarcia Pharmacy to execute the order.
The acceptance of the online order is obtained by marking, using the mouse or the keyboard, the appropriate box that enters the payment phase.
Without the marking and the relative awareness of wanting to confirm the order, payment is prevented and the order is not generated.
With the relative marking of the box, therefore with the awareness and the will to confirm the order, the procedure continues until its validation and the order is considered confirmed.
THE'buyer accepts and prints the present version of the distance purchase agreement.
In particular, by accepting, thebuyer He declares:
1) to be of age;
2) to have read the contract and to accept it "in its entirety";
3) that the data provided by him for the execution of the contract are truthful and he assumes all responsibility according to the law;
4) to have carefully read this contract and to accept all the articles and clauses contained therein;
5) to have read the Privacy specifications ART. 21 PRIVACY LAW, to accept all the clauses and to give authorization to the Pharmacy Dott.Ciarcia to the processing of data in compliance with the law on Privacy;
6) to be aware that the use of our website implies the acceptance of Cookies. Acceptance is done by clicking on the appropriate information box on the home page on first access. Once accepted, the box no longer appears;
7) which intends to confirm the order for all legal purposes.