Effective from 25/09/2020
Website Name, Company Information of the Seller, and Ownership of the Domain Name.
The website www.vitaminpharma.it (“Website”) is the informational and e-commerce site of the company vitPHARMA S.r.l., with its registered office at Via dei Gelsi, 28, 00171 Rome (RM), REA Number: RM – 1614834, registered with the Chamber of Commerce, Industry, Handicraft, and Agriculture of Rome, with registration number and Tax Code 015798611008. Share capital of €10,000.00.
The Website is owned by vitPHARMA S.r.l., which is also the holder of the domain name.
Identification of the Seller; Use of the Trademark and/or the Name “vitPHARMA.”
The products marketed and/or purchased on the Website (“Products”) are offered and sold by vitPHARMA S.r.l., as better identified in Article 1.1 (“vitPHARMA”).
vitPHARMA is, therefore, the only party with whom the user who intends to purchase one or more products through the Website interacts. It is thus (i) the party to which the user directs their order, in order to accept the offer and conclude the sales contract; (ii) the party that assumes pre-contractual obligations toward the user arising from the offer; (iii) the party that enters into the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Website is therefore concluded between the user and vitPHARMA.
On the Website and in communications with customers related to the Website, vitPHARMA operates under the trademark and/or uses the name “vitPHARMA.” Therefore, when the expression and/or the trademark “vitPHARMA” is used on the Website and/or in communications with customers related to the Website, or when the first-person plural is used, the reference should be understood, in addition to the Website, as referring to vitPHARMA S.r.l.
Scope of Application of the Terms and Conditions of Sale (T&Cs)
These General Terms and Conditions of Sale (“T&Cs”) govern the offer and sale of products through the Website by vitPHARMA.
The T&Cs are made available to the user through the “General Terms and Conditions of Sale” section of the Website, accessible via the corresponding link in the footer of the Website. The user is allowed to store and reproduce them.
The applicable T&Cs are those in force on the date the purchase order is transmitted. Before proceeding with the transmission of the order and thus concluding the purchase contract, the user is required to carefully read all the information provided by vitPHARMA via the Website, both before and during the purchase process, and to review and approve these T&Cs by selecting the appropriate checkbox provided during the purchase process and before the conclusion of the related contract.
These T&Cs may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Website in the “General Terms and Conditions of Sale” section, accessible via the corresponding link in the footer of the Website. Users are therefore encouraged to regularly access the Website and review the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
These General Terms and Conditions of Sale do not govern the sale of products by parties other than vitPHARMA that may be present on the Website through links, banners, or other hyperlinks. Before engaging in commercial transactions with such parties, it is necessary to verify their terms and conditions of sale. vitPHARMA is not responsible for the provision of services and/or the sale of products by these parties. vitPHARMA does not exercise any control and/or monitoring over the websites accessible through these links. Therefore, vitPHARMA is not responsible for the content of these websites nor for any errors and/or omissions and/or legal violations on their part.
Purchases on the Website
The offer and sale of products through the Website constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”) and by Legislative Decree No. 70 of April 9, 2003, which contains the regulations on electronic commerce.
The purchase of products through the Website can only take place after registration on the Website, in accordance with the methods set forth in Article 5 below, and is allowed both to users who are consumers and to users who are not consumers, whether they are natural or legal persons, companies, and/or entities of any kind. For natural persons, purchasing is allowed only if they are over the age of eighteen.
It is reminded that, pursuant to Article 3, Paragraph 1, letter a) of the Consumer Code, consumers are natural persons who, in relation to the purchase of products through the Website, act for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activities they may carry out.
In the case of orders from any party that are found to be unusual in relation to the quantity of products purchased or the frequency of purchases made, or that are found to be placed by resellers, wholesalers, or for the purpose of subsequent resale, vitPHARMA reserves the right to take all necessary actions to stop the irregularities, including suspending access to the Website, canceling the registration, or not accepting or canceling irregular orders.
Finally, vitPHARMA 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 T&Cs and/or the conditions and/or terms of the purchase contract; (iii) from a user who has been involved in any type of fraud, particularly fraud related to credit card payments; (iv) from users who have provided false, incomplete, or otherwise inaccurate identifying information, or who, during the procedure referred to in Articles 11.3 and 11.4 below, have failed to timely submit the requested documents to vitPHARMA or have submitted invalid documents; (v) from a user who has violated the provisions of Article 5.3 below.
Registration on the Website
Registration on the Website is free. To register on the Website, the user must fill out the appropriate form, providing their first name, last name, email address, password, and, if desired, their date of birth and gender, and click the “Create Account” button. Registration will be confirmed to the user via a confirmation email.
Registration on the Website, by opening a personal account called “My Account” (“Account”), allows the registered user, among other things, to:
manage and update their personal data at any time;
save and modify their addresses;
access all information related to their orders;
contact customer service: …………… email ……………
Each user is allowed only one registration on the Website. Therefore, it is forbidden for the user to create multiple accounts associated with the same person, whether natural or legal, company, and/or entity of any kind, even by using accurate data. It is also forbidden for the user to enter personal data of third parties and/or false and/or invented and/or fictional data and/or data that in any way do not correspond to the truth for the purpose of registration on the Website. In case of violation of these prohibitions, without prejudice to the provisions of Article 4.5 above, vitPHARMA reserves the right to close all accounts linked to the same person, whether natural or legal, to the same company and/or entity.
The registration credentials (email address and password) allow the user to make purchases on the Website and to carry out, among other activities, those mentioned in Article 5.2 above and in Article 5.bis.2 below. Therefore, these credentials must be kept with utmost care and attention. Furthermore, they can only be used by the user and cannot be transferred to third parties. The user agrees to keep them secret and ensure that no third party has access to them. The user also agrees to immediately inform vitPHARMA by contacting the details provided in Article 16 below if they suspect or become aware of any improper use or unauthorized disclosure of their credentials.
The user guarantees that the personal data provided to vitPHARMA during the registration process and/or during the purchase and/or at any other time is complete, truthful, and refers to the user themselves, and agrees to hold vitPHARMA harmless and indemnified from any damage, liability for compensation, and/or penalties arising from and/or in any way related to the user’s violation of the guarantees set forth in this Article 5 and/or the violation of the rules on registration on the Website, purchasing on the Website, and/or the safeguarding of registration credentials.
Information Leading to the Conclusion of the Online Contract
In accordance with Legislative Decree no. 70 of April 9, 2003, regarding e-commerce, vitPHARMA informs the user that:
(I) to complete the purchase contract of one or more Products on the Website, the user, after logging in or registering on the Website, must fill out an electronic order form and transmit it to vitPHARMA electronically, following the instructions that will appear on the Website from time to time;
(II) the contract is concluded when the order form reaches the server used by vitPHARMA;
(III) before submitting the order form, the user may identify and correct any data entry errors by following the instructions on the Website;
(IV) once the order form is recorded, vitPHARMA will send the user, to the email address provided, an order confirmation containing: a summary of the general and specific terms applicable to the contract, information on the essential characteristics of the purchased product, detailed information about the price, the payment method used, shipping costs, where applicable, and any additional costs, as well as information about the right of withdrawal; the order confirmation will include links to the applicable CGV and to the standard withdrawal instructions and withdrawal form referred to in Article 13 below;
(V) the order form will be archived in vitPHARMA’s database for the time necessary to execute it and, in any case, within the legal terms. The essential elements of the order form will be included in the order confirmation. Registered users can access their order by checking the “Orders” section of their Account.
The language available to users for the conclusion of the contract is Italian. The Customer Service is able to communicate with users in Italian.
Product Availability
The products available for purchase through the Website are the items listed in the electronic catalog published on the Website, which can be viewed at the time of placing the order. The products offered for sale through the Website primarily belong to the following product categories: cosmetics, decorative items, air fresheners, and similar products.
Each product is accompanied by an informational page that outlines its main features (“Product Sheet”). The Product Sheet will include information regarding the availability of the product. The availability of the products is continuously monitored and updated. However, since the Website can be visited by multiple users simultaneously, it may happen that several users purchase the same product at the same time. In such cases, the product may briefly appear as available, but may actually be out of stock or not immediately available, requiring a restock period.
If the product becomes unavailable for the reasons mentioned above or in other cases of subsequent unavailability of the product, without prejudice to the rights granted to the user by law, and particularly by Chapter XIV of Title II of Book IV of the Civil Code, vitPHARMA will immediately notify the user via email (“Unavailability Notice Email”). The user may then immediately resolve the contract, in accordance with and for the effects of Article 61, Paragraphs IV and V, of the Consumer Code, without prejudice to their right to compensation for damages or, alternatively and without prejudice to such right, accept one of the following proposals: (i) if restocking of the product is possible, a delay in delivery terms, with vitPHARMA indicating the new delivery date for the restocked product; (ii) if restocking of the product is not possible, cancellation of the order by resolving the contract, along with an immediate refund of the amount spent. The Unavailability Notice Email will also include the different options available to the user. The user must communicate their choice to vitPHARMA by email, using the addresses provided in Article 16 below, within the time frame agreed with the user, which in any case may not exceed 10 calendar days from the order submission.
In the event that the user exercises the right of resolution referred to in Article 61, Paragraphs IV and V of the Consumer Code, or accepts the proposal referred to in Article 7.3(ii) above, or in the event that the user, after being informed of the subsequent unavailability and the various options available, pursuant to Article 7.3 above, does not communicate any choice to vitPHARMA within the agreed time frame, the contract is resolved, without prejudice to the rights granted to the user by law. vitPHARMA will refund the total amount, which includes the price of the product, the delivery charges, if applicable, and any other additional costs as per the order (“Total Amount Due”) within 15 working days from the order submission. The refund of the Total Amount Due, if already paid, will be made in the following manner: (i) if payment was made by credit card, the refund will be credited to the same payment method used by the user for the purchase (YOU MUST VERIFY THAT AXEPTA ALLOWS YOU TO DO SO); (ii) if payment was made through PayPal, the refund will be credited to the user’s PayPal account. The contract resolution and the refund amount will be communicated to the user via email. Any delays in the crediting may depend on the banking institution, the type of credit card, or the payment solution used. It is particularly noted that the re-crediting times on the payment tool linked to the user’s PayPal account depend exclusively on PayPal and the banking system. Once the refund has been processed to this account, vitPHARMA cannot be held responsible for any delays or omissions in the crediting, for which the user must directly contact PayPal.
In the case of orders involving multiple products (“Multiple Order”), if the subsequent unavailability concerns only some of the products included in the Multiple Order – without prejudice to the rights granted to the user by law, and in particular the provisions of Chapter XIV, Title II, Book IV of the Civil Code, and subject to the application of Articles 7.3 and 7.4 above, if the subsequent unavailability concerns all the products in the order – vitPHARMA will immediately notify the user by email (“Availability Notification Email”). The user may then choose from the following options: (i) if it is possible to restock the unavailable products in the Multiple Order, a delay in the delivery terms for all the products (including the available ones), with the indication of the new delivery date for the same; (ii) if it is not possible to restock the unavailable products, the cancellation of the entire Multiple Order by terminating the contract, with an immediate refund of the amount spent. The Availability Notification Email will also contain the different available options for the user. The user’s choice must be communicated to vitPHARMA by email, to the addresses indicated in Article 16, within the timeframe agreed upon with the user, which in any case shall not exceed 10 calendar days from the order submission.
In the event that the user exercises the right of termination referred to in Article 61, IV and V paragraph of the Consumer Code or accepts the proposal referred to in Article 7.5 (ii) above, or if, in the event of subsequent unavailability and the different options available to the user, as outlined in Article 7.5 above, the user does not communicate any choice to vitPHARMA within the agreed term, the purchase contract for the Products that have become unavailable will be fully resolved, without prejudice to the rights granted to the user by law, including the right to compensation for damages. This will result in the return of the Total Amount Due, if already paid, including delivery charges and any other additional costs paid in connection with the order. The Total Amount Due by the user in relation to the resolved Multiple Order, if already paid, will be refunded without undue delay and, in any case, within 15 working days from the order submission. The refund of the Total Amount Due, if already paid, will be made as follows: (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 by PayPal, the refund amount will be credited to the user’s PayPal account. The contract termination and the refund amount will be communicated to the user by email. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used. It is particularly noted that the time for crediting to the payment method linked to the user’s PayPal account depends solely on PayPal and the banking system. Once the credit order has been processed in favor of this account, vitPHARMA cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for which the user must contact PayPal directly.
Product Information
Each Product is accompanied by the Product Sheet. The images and descriptions on the Website are intended to accurately reflect the features of the Products. However, the colors of the Products and their packaging may differ from the actual ones due to the settings of the users’ computers or devices used for viewing. The Product images in the Product Sheet may also differ in size or in relation to any accessory products. Therefore, these images should be considered as indicative and with tolerances for use. For the purpose of the purchase contract, the description of the Product contained in the order form submitted by the user will prevail.
Prices
All prices of the Products published on the Website are expressed in Euros and include Value Added Tax.
vitPHARMA reserves the right to change the price of the Products at any time, without prior notice, provided that the price charged to the user will be the one indicated in the order summary and displayed to the user before the order is submitted, and that any subsequent changes (whether an increase or decrease) after the submission of the order will not be taken into account.
In the event that a Product is offered on the Website at a discounted price, the Product Page will indicate (i) the full reference price to which the discount is applied and (ii) what the full reference price corresponds to. It is understood that the offer of Products at discounted prices will only be made if the full reference price of the Product corresponds to its actual market price. If no indication is provided, it should be understood that the full reference price is the price at which the Product was previously sold on the Website.
Purchase orders
The purchase contract is subject to resolutive condition in the event of non-payment of the Total Amount Due. If such payment does not occur, the purchase contract will be considered automatically terminated. The user will be immediately notified of this termination and the consequent cancellation of the order, right after the order is submitted, via the Website.
Ownership of the Products will transfer to the user at the time of shipment, which is considered as the moment the Product is handed over to the carrier (“Shipment”). The risk of loss or damage to the Products, due to causes not attributable to vitPHARMA, will instead transfer to the user when the user, or a third party designated by the user and different from the carrier, physically takes possession of the Products. Pursuant to Article 10.1 above, Shipment will only be made after confirmation of the user’s actual payment of the Total Amount Due through the available payment methods.
To place a purchase order, it is necessary to read and accept these Terms and Conditions by selecting the appropriate checkbox that will appear during the purchasing process. Failure to accept the Terms and Conditions will result in the inability to make purchases through the Website.
The registered user can request the issuance of a commercial invoice by selecting the appropriate checkbox during the purchasing process and completing the specific form provided. The commercial invoice will be issued only if the user requests it in the manner described above and will be sent to the user at the email address provided. The information provided by the user through the form is considered valid for the issuance of the invoice, and the user guarantees that the information is accurate. The user agrees to indemnify and hold vitPHARMA harmless from any damages, liabilities, or penalties that may arise or be imposed if such information is inaccurate or false. No changes to the invoice will be possible after its issuance. An invoice will always be issued.
Payment methods
Payment for Products purchased through the Website can be made using the methods described in the following paragraphs. If any of these methods cannot be used for a specific Product, this will be clearly indicated on the Website, no later than at the beginning of the purchasing process. Unavailable payment methods will not be selectable by the user during the corresponding check-out phase.
A) Payment by credit card
Payment for Products purchased on the Website can be made by credit card, directly through the Website. The accepted credit cards are those from the Maestro, MasterCard, Visa (including Postepay on the Visa network), and Visa Electron networks. These are listed in the footer of every page on the Website. vitPHARMA will charge the Total Amount Due at the time of order submission, which coincides with the conclusion of the online contract.
To ensure the security of payments made on the Website and prevent potential fraud, vitPHARMA reserves the right to request the user, via email, to send a copy of their ID card (front and back) and, if the order holder is different from the credit card holder, the ID card of the latter. The document must be valid. The email request will specify the deadline by which the document must be submitted to vitPHARMA. This deadline will not exceed 5 business days from the user’s receipt of the request. Pending receipt of the requested document, the order will be suspended. The user is required to send the requested documents within the specified time frame.
If vitPHARMA does not receive the requested documents within the specified deadline in the email or receives expired or invalid documents, the contract will be considered automatically terminated pursuant to and for the effects of Article 1456 of the Civil Code, and the order will consequently be canceled, without prejudice to vitPHARMA’s right to claim compensation for any damage it has incurred due to the user’s non-compliant behavior. The termination of the contract, of which the user will be notified via email, will occur no later than 5 business days from the expiration of the deadline for submitting the requested documents to vitPHARMA. This will result in the cancellation of the order, the refund of the Total Amount Due, and, where applicable, the application of Article 7.4 above. The refund term begins upon order termination.
In the case that vitPHARMA receives valid documentation within the deadline specified in the email referred to in Article 11.3 above, the applicable delivery terms for the order will begin from the date of receipt of the documentation.
vitPHARMA uses the secure payment service of Axepta S.p.a – formerly BNL POSitivity S.r.l., which utilizes the SSL-TSL security protocol. The confidential credit card information (card number, cardholder, expiration date, security code) is encrypted and transmitted to the payment processor. Therefore, vitPHARMA never has access to or stores the credit card data used by the user to pay for the Products, except in the case referred to in Article 11.3 above, which relates to the cardholder’s information.
B) Payment via PayPal
Payment for Products purchased through the Website can be made via the PayPal payment solution. If the user selects PayPal as the payment method, they will be redirected to the website www.paypal.com, where they will complete the payment for the Products according to the procedure outlined and governed by PayPal, and the terms and conditions agreed upon between the user and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be transmitted or shared with vitPHARMA. Therefore, vitPHARMA is not able to know or store any credit card details linked to the user’s PayPal account or any other payment instrument connected to that account.
In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the time the order is submitted, which coincides with the conclusion of the online contract. In the event of contract termination or any other case of refund for any reason, the refund amount due to the user will be credited to their PayPal account. The crediting times on the payment method linked to this account depend solely on PayPal and the banking system. Once the credit order is processed in favor of the account, vitPHARMA cannot be held responsible for any delays or omissions in crediting the refund amount to the user. For any disputes, the user must contact PayPal directly.
Delivery of Products
The delivery of the Products will take place within Italy at 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 of the purchase contract related to Multiple Orders, for any reason, the Home Delivery shipping fees will not be refunded, since, as stated in article 12.4 above, their amount does not depend on the number of Products in the order or their weight. In the event of a partial withdrawal from Multiple Orders and/or partial termination of Multiple Orders for reasons not attributable to vitPHARMA, the shipping fees, as outlined on the “Shipping” page accessible via the corresponding link in the footer of the Site and the Product Sheet, 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 Sheet. Home Delivery will be carried out Monday to Friday during normal business hours (from 9 a.m. to 6 p.m.), excluding national holidays.
The user acknowledges that the collection of the Product is their specific obligation under the purchase agreement. In the event of non-delivery due to the recipient’s absence at the address specified in the order form, the carrier will leave a delivery notice containing a contact number (“Delivery Notice”). The carrier will then attempt a second delivery the following day, or the user will need to contact the carrier to arrange an alternative delivery date, according to the instructions on the Delivery Notice. If this attempt is also unsuccessful, or if the user does not contact the carrier, the package will be placed in “storage” at the relevant GLS office for 72 hours from the delivery notice. If the user does not collect the package from the courier’s branch within the set time limit, the purchase agreement will be deemed terminated by law under the terms of Article 1456 of the Civil Code, and the package will be returned to the sender. After receipt and acceptance of the package by our services, vitPHARMA reserves the right to refund the customer directly, within 10 days of receiving the package, charging the full cost of the return shipping (6.80 € + VAT, GLS courier) and storage fees (5.00 € + VAT, GLS courier). The customer is encouraged to start a new purchase procedure for the desired product; – at the relevant Post Office for 72 hours from the delivery notice. If the user does not collect the package from the Post Office within the specified period, the purchase agreement will be considered terminated by law under the terms of Article 1456 of the Civil Code, and the package will be returned to the sender. After receipt and acceptance of the package by our services, vitPHARMA reserves the right to refund the customer directly, within 10 days of receiving the package, charging the full cost of the return shipping (7.40 € + VAT, SDA courier) and storage fees (10.00 € + VAT, SDA courier). The customer is encouraged to initiate a new purchase procedure for the desired product;
N.B. The SDA courier is only selected if the customer’s shipping address falls within remote areas.
Other circumstances in which packages are not delivered by our courier. These are packages that were not delivered to the final recipient due to 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 sent back directly to the starting logistics center. Following receipt and acceptance of the package by our services, the purchase agreement 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) of the return shipping expenses and any additional processing fees. For geographical areas belonging to remote locations, the shipment will be made via SDA. The full cost of the return shipping (7.40 € + VAT, SDA courier) and any additional processing fees will be charged. Before placing a new order, the customer is advised to verify, in the personal area of the site, the correctness of the destination address and ensure that the registered recipient’s surname is clearly displayed on the intercom.
(II) “PACKAGE REFUSED”. Upon delivery, the customer refused the package. The package is returned directly to the starting logistics center. Following receipt and acceptance of the package by our services, the purchase agreement 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, GLS courier) of the return shipping expenses and any additional processing fees. For geographical areas belonging to remote locations, the shipment will be made via SDA. The full cost of the return shipping (7.40 € + VAT, SDA courier) and any additional processing fees will be charged. The customer is invited to initiate a new purchase procedure for the desired product. It is always the responsibility of the customer and/or purchaser to track the order until delivery and contact the courier in case of 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.
In the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to Article 61 of the Consumer Code, invites vitPHARMA to deliver the product within an additional period appropriate to the circumstances (“Supplementary Term pursuant to Article 61, third paragraph, Consumer Code”). If this supplementary term expires without the Products being delivered, the user is entitled to terminate the contract. The user is not required to grant vitPHARMA the Supplementary Term pursuant to Article 61, third paragraph, Consumer Code (“Excluded Cases”) if: a) vitPHARMA has expressly refused to deliver the Products; b) the respect for the delivery term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all circumstances surrounding the conclusion of the contract; c) the user informed vitPHARMA, before the conclusion of the contract, that delivery by or on a specific date is essential. In the Excluded Cases, if the user does not receive the Products within the delivery term indicated during the purchase process and in the order confirmation, the user is entitled to immediately terminate the contract. The indication of the Supplementary Term pursuant to Article 61, third paragraph, Consumer Code, and the communication of Contract Termination pursuant to Article 61, third paragraph, Consumer Code, or Termination in the Excluded Cases, must be communicated by the user to vitPHARMA at the addresses provided in Article 16 below. In the event of Contract Termination pursuant to Article 61, third paragraph, Consumer Code, or Termination in the Excluded Cases, vitPHARMA will refund the Total Amount Due, if already paid, without undue delay, using the methods outlined in Article 7.4 above. The term for the refund starts from the termination of the contract.
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 qualifies as a consumer has the right to withdraw from the product purchase contract without providing any reason and without incurring any costs other than those set out in Articles 13.6 and 13.9 below, within a period of fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days: a) in the case of an order for a single product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires 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, acquires 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, acquires 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 can:
a) use the model withdrawal form (“Withdrawal Form”) provided on the Website, before concluding the contract through the “Right of Withdrawal” link, which is also accessible from the Product Sheet and the confirmation email;
b) submit any other explicit statement of their decision to withdraw from the contract (“Withdrawal Declaration”).
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 considered respected if the user sends back 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 indication of the Product, is, given the type of Product, an integral part of the Product itself), 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 transporting them. In the case of Products that by their nature cannot normally be returned by post, the maximum estimated cost of the return will be indicated in the standard instructions for withdrawal (“Standard Instructions for Withdrawal”), determined by product type and based on their delivery cost. The Standard Instructions for Withdrawal, containing information on exercising the right of withdrawal, are made available to the user on the Site before the conclusion of the contract, via the “Right of Withdrawal” link, which is also accessible from the Product Sheet and included in the order confirmation email link. The return of the Products is under the user’s responsibility and at their own 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 when returning the products to ensure a more efficient handling of the process.
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.
Legal Warranty
All products sold on the Site are covered by the legal warranty of conformity provided for in Articles 128-135 of the Consumer Code (“Legal Warranty”).
The Legal Warranty applies exclusively to consumers. Therefore, it applies only to users who made the purchase on the Site for purposes unrelated to any business, commercial, craft, or professional activities they may carry out. Users who purchased on the Site but are not considered consumers will be subject to the warranties for defects in the sold goods, the warranty for promised and essential quality defects, and other warranties provided for by the Civil Code, along with the related terms, expirations, and limitations.
The seller (and therefore, with regard to purchases made on the Site, vitPHARMA) is responsible towards the consumer for any conformity defect existing at the time of delivery of the product that manifests itself within two years from that delivery. The conformity defect must be reported to the seller, under penalty of losing the warranty, within two months from the date it was discovered. Unless proven otherwise, it is presumed that conformity defects manifesting within six months from the delivery of the product already existed at that time, unless such an assumption is incompatible with the nature of the product or the nature of the conformity defect. Starting from the seventh month after the delivery of the product, it will be the consumer’s responsibility to prove that the conformity defect existed at the time of delivery. To benefit from the Legal Warranty, the user must first provide proof of the purchase and delivery dates. It is therefore advisable that the user retains the order confirmation email, purchase invoice (if requested), transport document, or any other document that can prove the purchase date (for example, credit card or bank statement) and delivery date.
A conformity defect occurs when the purchased product:
is not fit for the purpose for which goods of the same type are normally used;
is not in conformity with the description given by the seller and does not have the qualities of the product that the seller presented to the consumer as a sample or model;
does not present the usual qualities and performance of goods of the same kind, which the consumer can reasonably expect, also taking into account statements made in advertising or labelling;
is not suitable for the particular use intended by the consumer and which was brought to the knowledge of the seller at the time of conclusion of the contract and which the seller has accepted. Therefore, any failures or malfunctions caused by accidental events or by the user’s liability or by use of the product that does not comply with its intended use and/or with the provisions of the technical documentation enclosed with the product are excluded from the scope of application of the Legal Warranty.
Remedies available to the user In the event of a conformity defect duly reported within the terms, the user is entitled – as a primary remedy, to repair or replacement of the goods free of charge, at the option of the consumer, unless the remedy requested is objectively impossible or excessively expensive compared with the other remedy; – as a secondary remedy (i.e. where repair or replacement is impossible or excessively expensive or repair or replacement has not been effected within a reasonable time or repair or replacement previously effected caused significant inconvenience to the consumer), to reduce the price or terminate the contract, at the option of the consumer. The remedy requested is excessively expensive if it imposes unreasonable expenses on the seller in comparison with alternative remedies available, taking into account (i) the value which the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; and (iii) whether the alternative remedy can be performed without significant inconvenience to the consumer.
What to do in the event of a conformity defect In the event that a product purchased on the Site, during the period of validity of the Legal Warranty, manifests what could be a conformity defect, the user may follow the procedure indicated in the ‘Legal Warranty of Conformity’ section of the Site or contact Customer Service, at the contact details indicated in Article 16 below. In both cases, the report of the alleged conformity defect will be promptly acknowledged and the specific procedure to be followed will be indicated to the user, also taking into account the product category to which the Product belongs and/or the reported defect.
vitPHARMA reserves the right to ask the user to enclose with the request to make use of the Legal Warranty the order confirmation e-mail or other document proving the date of making the purchase and the date of delivery.
Customer service and complaints
You can request information, send communications or make complaints by contacting customer service (‘Support’) in the following ways: – by e-mail, at assistenza@vitaminpharma.it; – by telephone, at the following support numbers: …………………………………. You will receive 2 contacts shortly……………………………………………………..
vitPHARMA will respond to complaints by e-mail or post within a maximum of 5 working days after receipt of the request.
Applicable law and jurisdiction
The purchase contract concluded via the Site is governed by Italian law.
This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the time limit for exercising the right of withdrawal, the time limit for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
Please note that in the case of a consumer user, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale shall be settled by the court of the place where the user resides or has elected domicile.
Alternative Dispute Resolution ADR/ODR
Pursuant to Art. 141-sexies, III paragraph, of the Consumer Code, vitPHARMA informs the user who has the status of consumer under Art. 3, paragraph 1, lett. a) of the Consumer Code, that in the event that he/she has submitted a complaint directly to vitPHARMA, following which it has not been possible to resolve the dispute thus arising, vitPHARMA will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under the present General Conditions of Sale (cc. dd. ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute.
vitPHARMA also informs the user who has the qualification of consumer under art. 3, par. 1, lett. a) of the Consumer Code that a European platform for the on-line resolution of consumer disputes has been established (so-called ODR platform). The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
This is without prejudice to the consumer’s right to bring a dispute arising from these General Terms and Conditions of Sale before the competent ordinary courts, whatever the outcome of the out-of-court settlement procedure, and to the possibility, where the requirements are met, of promoting an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.
In addition, for any cross-border disputes relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the user, who is habitually resident or domiciled in a member state of the European Union other than Italy, may institute the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 before the competent court or tribunal, provided that the value of the claim does not exceed, excluding interest, fees and expenses, EUR 5,000.00 on the date the competent court or tribunal receives the claim form. The text of the Rules can be found at https://eur-lex.europa.eu/eli/reg/2007/861/oj.
According to Art. 49 c. 1 lett. v) of Legislative Decree no. 206/2005 (Consumer Code) the customer who wishes to resolve a dispute with the merchant (vitPHARMA) may avail himself of the Joint Conciliation Procedure. The Procedure may be initiated if the consumer, after having submitted a complaint to the company within 45 days, has not received a reply or has received a reply that is not satisfactory to him. The customer who decides to avail himself of the Joint Conciliation Procedure is obliged to send his request to: conciliazione@consorzionetcomm.it or fax no.: 02/87181126. For further information, please refer to: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/ .