Delivery of Products
The delivery of the Products will take place within the Italian territory to the shipping address provided by the user in the order form (“Home Delivery”).
At the time of shipment, the user will receive an email confirming that the Products have been delivered to the carrier (“Shipment Confirmation Email”).
Home Delivery is chargeable. The cost of Home Delivery is borne by the user, unless otherwise stated in the Product Sheet or other parts of the Website. The specific amount of Home Delivery charges due from the user for a particular order will be clearly and separately indicated (in Euros and including VAT) in the order summary and, in any case, before the user proceeds with the submission of the order, as well as in the order confirmation email.
In the case of partial withdrawal from Multiple Orders and/or partial termination, for any reason, of the purchase contract related to Multiple Orders, the Home Delivery shipping costs will not be refunded, as stated in Article 12.4 above, since their amount does not depend on the number of Products in the order nor on their weight. In the case of partial withdrawal from Multiple Orders and/or partial termination of Multiple Orders, for reasons not attributable to vitPHARMA, the shipping costs, as indicated on the “Shipping” page, accessible via the dedicated link in the website footer and on the Product Page, will be charged to the user and, consequently, deducted from the refund amount.
Home Delivery is understood to be at street level, unless otherwise specified in the Product Page. Home Delivery will be carried out from Monday to Friday during normal office hours (from 9:00 AM to 6:00 PM), excluding national holidays.
The user acknowledges that picking up the Product is a precise obligation arising from the purchase contract. In case of non-delivery due to the recipient’s absence at the address specified in the order form, the courier will leave a delivery notice containing the contact number (“Delivery Notice”). The courier will then make a second delivery attempt the following day, or the user must contact the courier to arrange an alternative delivery date, as per the instructions on the Delivery Notice. If this attempt also fails, or if the user does not contact the courier, the package will go into “storage”:
At the GLS office in the relevant area for 72 hours from the storage notice of the package. If the user does not pick up the package at the courier’s branch within the specified time limit, the purchase contract will be considered terminated by law pursuant to Article 1456 of the Civil Code, and the package will be returned to the sender. Following receipt and acceptance of the package by our services, vitPHARMA reserves the right to issue a direct refund to the customer within 10 days from receipt of the package, charging the full cost of the return shipping (6.80 € + VAT for GLS courier) and the storage fee (5.00 € + VAT for GLS courier). The customer is encouraged to place a new order for the desired product.
At the relevant Post Office for 72 hours from the storage notice of the package. If the user does not pick up the package at the Post Office within the specified time limit, the purchase contract will be considered terminated by law pursuant to Article 1456 of the Civil Code, and the package will be returned to the sender. Following receipt and acceptance of the package by our services, vitPHARMA reserves the right to issue a direct refund to the customer within 10 days from receipt of the package, charging the full cost of the return shipping (7.40 € + VAT for SDA courier) and the storage fee (10.00 € + VAT for SDA courier). The customer is encouraged to place a new order for the desired product.
Note: The SDA courier is chosen exclusively if the customer’s shipping address is in a remote location.
Other circumstances in which packages are not delivered by our courier include packages that were not delivered to the final recipient for the following reasons:
(I) “UNKNOWN RECIPIENT OR ADDRESS ANOMALY”
These are packages returned to the sender by the courier for the following reason: the recipient does not live at the indicated address. The package is returned directly to the originating logistics center. After receiving and accepting the package by our services, the purchase contract will be considered terminated, and vitPHARMA reserves the right to proceed with a direct refund to the customer, charging the full cost (6.80 € + VAT) for the return shipping and the additional handling fees. In the case of geographical areas classified as remote locations, the shipment will be made via SDA. The full cost of the return shipping (7.40 € + VAT for SDA courier) and the additional handling fees will be charged. Before placing a new order, the customer is encouraged to verify the accuracy of the shipping address in their personal area on the website and ensure that the recipient’s surname is clearly visible on the intercom.
(II) “PACKAGE REFUSED”
At the time of delivery, the customer refused the package. The package is returned directly to the originating logistics center. After receiving and accepting the package by our services, the purchase contract will be considered terminated, and vitPHARMA reserves the right to proceed with a direct refund to the customer, charging the full cost (6.80 € + VAT for GLS courier) for the return shipping and the additional handling fees. In the case of geographical areas classified as remote locations, the shipment will be made via SDA. The full cost of the return shipping (7.40 € + VAT for SDA courier) and the additional handling fees will be charged. The customer is encouraged to place a new order for the desired product.
It is always the responsibility of the customer and/or the purchaser to track the order until delivery and to contact the courier in case of any issues.
In the case of Multiple Orders containing Products to be delivered separately, the procedure outlined in article 12.6 above will apply independently to each delivery. This means that failure to collect the Product within the specified time in that article will not result in the resolution of the entire contract, but only a partial resolution of the contract concerning the uncollected Product. Consequently, the amount refunded to the user, if already paid, will not be the Total Amount Due, but only the amount due for the uncollected Product, minus the costs for the unsuccessful delivery, calculated as outlined in article 12.6 above, storage fees, return shipping fees to vitPHARMA, and any other expenses incurred due to the failure to deliver caused by the recipient’s absence.
During the purchase process, before the user submits the order, the terms within which vitPHARMA commits to deliver the Products subject to the user’s order will be indicated, taking into account, in addition to the delivery zone and method, also the possibility that the user purchases multiple Products in the same order. The delivery terms start from the business day following the conclusion of the contract (i.e., the submission of the order), unless otherwise stated. The specific delivery date for the order will also be indicated in the order confirmation. If no delivery date is specified, the delivery will, in any case, occur within thirty days starting from the day after the conclusion of the contract. The delivery obligation is fulfilled when the physical availability or control of the Products is transferred to the user.
If the purchased Product is not delivered or is delivered later than the delivery terms indicated during the purchasing process and in the order confirmation, the user, pursuant to Article 61 of the Consumer Code, may request vitPHARMA to deliver the Products within an appropriate additional period considering the circumstances (“Additional Term pursuant to Article 61, Paragraph 3, Consumer Code”). If this additional term expires without the Products being delivered, the user is entitled to terminate the contract. The user is not required to grant vitPHARMA the Additional Term pursuant to Article 61, Paragraph 3, Consumer Code (“Excluded Cases”) if:
a) vitPHARMA has expressly refused to deliver the Products;
b) the respect of the delivery term indicated during the purchasing process and in the order confirmation is to be considered essential, taking into account all the circumstances surrounding the conclusion of the contract;
c) the user has informed vitPHARMA before the conclusion of the contract that delivery by or on a specific date is essential.
In Excluded Cases, if the user does not receive the Products within the delivery term indicated during the purchasing process and in the order confirmation, the user is entitled to immediately terminate the contract. The indication of the Additional Term pursuant to Article 61, Paragraph 3, Consumer Code, and the communication of Contract Termination pursuant to Article 61, Paragraph 3, Consumer Code, or Contract Termination in Excluded Cases must be communicated by the user to vitPHARMA at the addresses specified in Article 16 below.
In the event of Contract Termination pursuant to Article 61, Paragraph 3, Consumer Code, or Termination in Excluded Cases, vitPHARMA will refund the Total Amount Due, if already paid, without undue delay, using the methods specified in Article 7.4 above. The term for the refund begins from the contract termination date.
In any case, vitPHARMA undertakes to promptly notify the user, via email, of any delay in delivery (“Delay Notice”), indicating at the same time the new delivery date, if available (“New Delivery Date”), and, in case the user does not set the Supplementary Term pursuant to Article 61, third paragraph, of the Consumer Code or, if applicable, proceed with the Termination of the Contract pursuant to Article 61, third paragraph, Consumer Code, or Termination of the Contract in the Excluded Cases, without prejudice to the possibility for the user to exercise these remedies and/or the ordinary legal protections available under the law, and in particular, Chapter XIV, Title II, Book IV of the Civil Code. vitPHARMA undertakes to:
(i) in case of delivery with a delay between 1 and 3 business days compared to the New Delivery Date: refund the user the Delivery Costs;
(ii) in case of delivery with a delay between 4 and 10 business days compared to the New Delivery Date, allow the user to refuse the delivery and terminate the contract, with a refund, as indicated in Article 7.4 above, of the Total Amount Due, if already paid, immediately and in any case, within 10 business days from the request for contract termination or, alternatively, if the user does not wish to terminate the contract, refund the user for the Delivery Costs;
(iii) in case of a delay in delivery exceeding 10 business days compared to the New Delivery Date or, in any case, 20 days from the original delivery date, offer the user, in addition to what is provided in this article, point (ii) above, the possibility to accept the provision of a different Product of equivalent or higher value, subject to payment of the difference in price in the latter case and prior express consent.
In the cases referred to in articles 12.11 (i), 12.11 (ii), and 12.11 (iii), where a refund of the Delivery Costs is due, the refund will be made as follows:
(i) In the case of payment by credit card, the amount will be credited to the same payment instrument used for the purchase;
(ii) In the case of payment via PayPal, the amount will be credited to the user’s PayPal account.
In any case, vitPHARMA undertakes to promptly send the User the Notice of Delay, indicating the New Delivery Date, if available, and, in the event that the User does not proceed with the setting of the Supplementary Deadline under Article 61, paragraph III, of the Consumer Code, or, if the conditions apply, the Termination of the Contract under Article 61, paragraph III, of the Consumer Code or the Termination of the Contract in the Excluded Cases, in relation to the single delivery and the relevant delayed Products, without prejudice to the User’s right to make use of such remedies and/or the ordinary means of protection provided by law at any time, and in particular, by Chapter XIV of Title II of Book IV of the Civil Code. vitPHARMA undertakes to:
(i) In case of delivery of one of the Products included in the Multiple Order with a delay of 1 to 3 working days compared to the New Delivery Date: refund the User the Delivery Costs, calculated as indicated in the previous article;
(ii) In case of delivery of one of the Products included in the Multiple Order with a delay of 4 to 10 working days compared to the New Delivery Date, allow the User to refuse the delivery and partially terminate the contract limited to the delayed Product from the Multiple Order, with the consequent refund, as indicated in Article 7.6, of the Partial Total Amount, if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract. However, in the case of Mixed Payment, the refund of the Partial Amount Due will be made first by crediting the same payment method or PayPal account used by the User for the purchase, or, alternatively, if the User does not wish to terminate the contract, refund the Delivery Costs, calculated as indicated in Article 12.5;
(iii) In case of delay in the delivery of one of the Products included in the Multiple Order exceeding 10 working days compared to the New Delivery Date, or in any case, 20 days from the original delivery date, offer the User, in addition to what is provided by the previous point (ii), the possibility of accepting the supply of a different Product of equivalent or higher value, subject to payment of the difference, and prior express consent.
(i), 12.13 (ii) and 12.13 (iii), if a refund of the Home Delivery shipping costs is required, such refund will be processed according to the methods described in Article 12.11-bis above.
In the cases referred to in Articles 12.12 and 12.13 above, the cancellation of the entire Multiple Order will be possible only in the case of clear and proven accessory nature of the Products in the Multiple Order that were delivered late or not delivered within the indicated terms, in relation to the other Products of the Multiple Order that were delivered on time.
In the event of failure to send the Delay Notice or failure to set the New Delivery Date in the same, all the terms referred to in Articles 12.11 (i), (ii), (iii) and 12.13 (i), (ii), (iii) above shall begin from the original delivery date. The acceptance of the New Delivery Date in the cases referred to in Articles 12.11 and 12.13 above, and in the cases referred to in Articles 12.11 (ii) and (iii) and 12.13 (ii) and (iii), the user’s choice must be promptly communicated to vitPHARMA via email to the addresses referred to in Article 16 below.
It is the user’s responsibility to verify the condition of the Product that has been delivered. While the risk of loss or damage to the Products, due to causes not attributable to vitPHARMA, is transferred to the user when the user, or a third party designated by the user who is not the carrier, takes physical possession of the Products, the user is advised to check the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials (adhesive tape). The user is also advised, in their own interest, to indicate any anomalies on the carrier’s delivery document, accepting the package with reservation. Receiving the Products without reservations does not allow the user to take legal action against the carrier in the case of loss or damage to the Products, unless the loss or damage is due to fraud or gross negligence by the carrier and with the exception of partial loss or damage that is not visible at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. If the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly inform the Customer Service. In any case, the application of the regulations regarding the right of withdrawal and the legal warranty of conformity remains unaffected.
Right of Withdrawal
Pursuant to Articles 52 et seq. of the Consumer Code, the user who is a consumer has the right to withdraw from the purchase contract of the Product without providing any reason and without incurring any costs other than those specified in Articles 13.6 and 13.9 below, within fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:
a) In the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the Products;
b) In the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the last Product;
c) In the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the last lot or piece.
To exercise the right of withdrawal, the user must inform vitPHARMA of their decision to withdraw before the expiration of the Withdrawal Period. For this purpose, the user may:
a) Use the standard withdrawal form (“Standard Withdrawal Form”) made available on the Website, prior to the conclusion of the contract, via the “Right of Withdrawal” link, also accessible from the Product Page and the link in the order confirmation email;
b) Submit any other explicit statement of their decision to withdraw from the contract (“Withdrawal Statement”).
The “Model Withdrawal Form” or the “Withdrawal Declaration” must be sent to the following email address: assistenza@vitaminpharma.it.
The user has exercised their right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by the consumer before the expiration of the Withdrawal Period. In the event that the user uses the Withdrawal Declaration, the consumer is encouraged to include the order number, the Product(s) they wish to withdraw from, and their address in the Withdrawal Declaration. It is noted that, since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period lies with the user, it is in the user’s interest to use a durable medium when communicating their withdrawal to vitPHARMA.
The user must return the Products to vitPHARMA, using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days from the date they communicated their decision to withdraw to vitPHARMA (“Return Period”). The Return Period is respected if the user ships the Products before the expiration of the fourteen-day period. The Product, properly protected and packaged in its original packaging (the original packaging, as it bears the INCI label of the Product, is an integral part of the Product itself due to the nature of the Product), must be returned to the following address:
CENTRO LOGISTICO EMILIANO – Viale Piave 37/A, 42121 REGGIO EMILIA – Tel. 0522/541458 – Cell. 320 6557736 – www.centrologisticoemiliano.com.
The direct costs of returning the Products are borne by the user, as well as the responsibility for the transportation of the Products. In the case of Products that, by their nature, cannot normally be returned by post, the maximum estimated cost of return will be specified in the standard withdrawal instructions (“Standard Withdrawal Instructions”), which will be determined by Product type and based on the cost of delivery.
The Standard Withdrawal Instructions, containing information about the exercise of the right of withdrawal, are made available to the user on the Website before the conclusion of the contract, via the “Right of Withdrawal” link, also accessible from the Product Page, and are included in the link in the order confirmation email.
The return of the Products occurs under the user’s responsibility and at their expense. The user is kindly requested to indicate the order number for which they are exercising the right of withdrawal on the outside of the package used for the return, to ensure more efficient processing of the request.
If the user withdraws from the contract, vitPHARMA will proceed with the refund of the Total Amount Due, including delivery costs if applicable, or in the case of partial withdrawal from Multiple Orders, the Partial Amount Due, excluding delivery costs, if applicable, as indicated in art. 12.6 above, without undue delay and in any case no later than 14 calendar days from the day vitPHARMA is informed of the user’s decision to withdraw from the contract. Unless the user has expressly agreed otherwise:
(i) in the case of payment by credit card, the refund amount will be credited to the same payment method used by the user for the purchase;
(ii) in the case of payment via PayPal, the refund amount will be credited to the user’s PayPal account.
vitPHARMA may suspend the refund until the Products subject to withdrawal are received, or until the user has provided proof of returning such products, whichever comes first.
The user is solely responsible for any decrease in the value of the goods resulting from handling the product in a way other than what is necessary to establish the nature, characteristics, and functioning of the product. The product must still be kept, handled, and inspected with ordinary diligence and returned intact, complete in all parts, fully functional, with its packaging (which, as it bears the INCI indication of the product, is an integral part of the product itself), all possible accessories, instruction leaflets, identification tags, labels, and the tamper-evident seal, if present, still attached to the product and intact and not tampered with, as well as perfectly suitable for the intended use and free from signs of wear or dirt. The withdrawal also applies to the product in its entirety.
If the product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling the product in a way other than what is necessary to establish the nature, characteristics, and functioning of the product, the refund amount may be reduced by an amount equal to such decrease in value. vitPHARMA will notify the user of this circumstance and the consequent reduced refund amount within 5 working days of receiving the product. If the refund has already been made, vitPHARMA will provide the user with the bank details for payment of the amount due due to the decrease in value of the product. Without prejudice to the cases provided for in Article 13.11 below and in general by Article 59 of the Consumer Code, in which the right of withdrawal does not apply and/or is void in the event of certain circumstances, and in which no refund is due to the user, in cases where the right of withdrawal applies, if the product for which the right of withdrawal has been exercised has been opened, given the type of product, it is presumed that the product, as it can no longer be resold, has suffered a decrease in value of 50%, and consequently, the refund amount will be reduced by 50%, without prejudice to vitPHARMA’s right to deduct a higher amount from the refund if the decrease in value of the product exceeds 50% due to improper handling.
If the right of withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. vitPHARMA will inform the user within 5 working days of receiving the product, rejecting the withdrawal request. The product will remain at vitPHARMA’s disposal for the user to collect, at the user’s expense and responsibility.
The user is reminded that the right of withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code, and in particular, with regard to contracts concluded through the Website, for the supply of (i) goods that are custom-made or clearly personalized; (ii) goods that are likely to deteriorate or expire quickly; (iii) sealed goods which are not suitable for return for hygiene reasons or health protection reasons and have been opened after delivery (e.g. creams, sunscreens, and cosmetic products in general, perfumes). The supply of a cosmetic product is considered opened if the packaging containing it has been opened. The supply of a perfume is considered opened if the cap of the bottle containing the perfume has been removed. The supply of a cream, sunscreen, or any other cosmetic is considered opened if the packaging containing it has been opened.
In cases where, according to the law, the right of withdrawal does not apply, specific and explicit notification of this exclusion will be provided in the Product Sheet and/or, in any case, during the purchase process, before the user proceeds with the submission of the order.