Terms and conditions

1. object

1.1. The following terms and conditions of purchase (hereinafter, the "terms and conditions") regulate the contractual relationship between the Customer and the Pharmacy Cima Marco, as identified below (in the continuation called "the pharmacy"), and together with the purchase prices published on the website and in force at the time of purchase they constitute the complex of the provisions applicable to the contract.

2. Scope of application and conclusion of the contract

2.1. The offer and online sale of the products constitute a distance contract governed by articles 45 and ss. of the Legislative Decree 6 September 2005 n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.

2.2. The purchase of the products on the site is allowed only to those who have completed the years 18.

2.3. The customer is required to carefully read these terms and conditions.

2.4. The applicable terms and conditions are those in force on the date of transmission of the purchase order. They can be modified but any changes will be in force between the parties from the moment of their publication on the site and will have an effect exclusively with reference to the orders following the publication.

2.5. These terms and conditions are applicable only to the Italian territory.

3. Identity of the customer and the pharmacy

3.1. Pursuant to art. 3, the paragraphs, lett. a) of the Consumer Code, the natural person who acts for purposes foreign to the entrepreneurial, commercial, artisan or professional activities that may be carried out is consumer.

3.2. The pharmacy that offers and sells the products and services advertised on the sitefarmaciacima@alice.it is identified as follows:Pharmacy Cima Marco of the Dr. Marco Cima with headquarters in via dei Laghi- Località Bivio Lugnano 06012 Città di Castello- Perugia, VAT number: 03357780547

4. Drugs that can be purchased online and tricks in case of purchases

4.1. According to current legislation (Legislative Decree 55/2014), only drugs (so -called "cd") can be sold online for which the medical recipe is not required.

4.2. The purchase is recommended only for the need and respect for the conditions of correct conservation.

4.3. Before consuming reading the illustrative leaflet and reported on the package.

5. Price of products and services and methods of payment

5.1. The characteristics and price of the various products on sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each product. The advertised price of products and services, always reported in euros, includes taxes (VAT).

6. Direct information to the conclusion of the contract

In accordance with the legislative decree 9 April 2003, n. 70 containing provisions on electronic commerce, we inform the customer that:

For the purchase of retail products, the customer must fill in and send the order form in electronic format, following the instructions contained on the site. The customer must add the product to the "trolley", subsequently will have to enter the shipping data and possible Billing, then he will have to select the desired payment method and confirm the order only after reading the general conditions and privacy policy and confirmed their acceptance.

By sending the order from the Site, which has the value of the contractual proposal, the Customer recognizes and declares to have read all the indications provided during the purchase procedure and to fully accept these general and payment conditions transcribed.

The contract stipulated between the pharmacy and the customer must be considered concluded with the acceptance of the order by Pharmacy Cima. This acceptance is communicated to the Customer through an order confirmation of the order containing a postponement to these General Conditions, the order number, the shipping and invoicing data, the list of products ordered with their essential characteristics and the overall price, including any delivery costs. The customer will check the confirmation email and if individuals of errors in the order will have 3 hours from receipt of this email to contact customer service directly from the site using the appropriate contact form accessible via "assistance area" or by writing one email a pharmaciecima@alice.it. After this deadline, the order will be put in progress for the shipment and changes will no longer be accepted, without prejudice to the customer's rights referred to in article 7 later.

Once the order is received, the pharmacy will verify the availability of stocks for the evasion of the order itself. In the event that one or more products are not available, the customer service will send timely communication via email to the customer who, within the following 12 hours, will have the right to respond to confirm the shipment of any additional available products or cancel it. In case of non -response within this term, the order will be considered confirmed and the products available will be made on shipping. If only a few products are not in stock, the pharmacy will escape the order with the products available. In both cases, the amount relating to the missing products will be stated immediately according to the chosen payment method.

7. Right of withdrawal

7.1. Term for withdrawal

The consumer has a period of fourteen days to withdraw from the contract without having to provide any motivation.

7.2. Start

The aforementioned term starts:

a) in the event that a service is offered since the day of the conclusion of the contract;
b) in the case of sale of a product, from the day when the consumer or a third party, different from the carrier and designated by the consumer, acquires the physical possession of the property or:

  1. In the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day the consumer or a third party, other than the carrier and designated by the consumer, acquires the physical possession of the last good;
  2. In the case of delivery of an asset consisting of lots or multiple pieces, from the day the consumer or a third, different from the carrier and designated by the consumer, acquires the physical possession of the last lot or piece;
  3. In the case of contracts for the periodic delivery of goods during a certain period of time, from the day the consumer or a third party, different from the carrier and designated by the consumer, acquires the physical possession of the first good.

7.3. Obligations against the pharmacy

The pharmacy, following the withdrawal of the consumer:
a) communicates a confirmation of receipt, on durable support, of the withdrawal exercised without delay to the consumer;
b) reimbursement to the same payments received, including delivery costs, without undue delay and in any case within fourteen days from the day of the communication of the right of withdrawal;
c) the pharmacy performs the refund using the same means of payment used by the consumer, unless otherwise agreed following the payment.

7.4. Obligations against the consumer

The shipping costs are charged to the consumer for the return of the products received which must be shipped to Streetlakes - Bivio Lugnano 060 locality12 Città di Castello - Perugia Within fourteen days from the date on which he communicated to the pharmacy his decision to withdraw from the contract (the deadline is respected if the consumer respects the assets before the expiry of the period of fourteen days).

7.5. The substantial integrity of the good It is an essential condition for the exercise of the right of withdrawal. The product must therefore be kept with normal diligence and returned intact, complete in all its parts, fully functional and without signs of wear or dirt.

7.6. Exceptions to the right of withdrawal - products for which the application of the right of withdrawal is excluded

The right of withdrawal cannot be exercised:

a) in case of purchase of medicines (sop and OTC) and medical devices;
b) in case of purchase of food, drinks and other goods intended for current consumption;
c) in the event of a contract concerning a service after complete provision of the service if the execution of the contract began with the consumer express agreement;
d) in the event of the supply of tailor -made or clearly customized assets;
e) in the event of the supply of goods that risk deteriorating or expires quickly;
f) in the event of the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or connected to the protection of health and have been opened after delivery;
g) in the event of the supply of goods which after the delivery are by their nature inseparably mixed with other goods.

8. Legal guarantee

8.1. In the event of a lack of conformity, or delivery of goods that present defects or defects or is discounted from that provided for in the sales contract, i.e. unsuitable for the use that habitually serves an asset of the same type, different from the description published on the site or that the promised qualities do not show, the provisions of the legal guarantee is applied by articles 128 and following of Legislative Decree 205/2006 (Consumer Code).

8.2. Any failures or malfunctions determined by accidental facts or responsibility are excluded from the scope of the legal guarantee of the customer or from a use of the product not compliant with its intended use and/or to the provisions of the technical documentation attached to the product.

8.3. The pharmacy is responsible when the lack of conformity is manifested by two years from the delivery of the property, unless a conventional guarantee is foreseen beyond this term. In the event of the sale of used assets, the guarantee referred to in the previous paragraph can be limited to a period of time however not less than a year.

8.4. The consumer is required to report the vice or defect to the pharmacy within two months of the discovery (unless the pharmacy has recognized or hidden the existence of the defect).

8.5. It is assumed that the defects of conformity that manifest themselves within six months from the delivery of the property existed already on that date, unless this hypothesis is incompatible with the nature of the good or with the nature of the defect of conformity.

8.6. The direct action to assert the defects that are not misunderstood by the seller is prescribed within the term of twenty -six months from the delivery of the property (the consumer who is agreed for the execution of the contract can however always assert the rights referred to in this article as long as The lack of conformity was reported within two months of the discovery and before the expiry of the two years from delivery).

8.7. In the event of defect of conformity, the consumer can ask for, without expense (including shipping), the restoration by repairing or replacement, for his choice, except that remedy is objectively impossible or excessively expensive compared to the other.

8.8. The above remedy is to be considered excessively expensive if it requires the pharmacy unreasonable expenses in comparison to the other, taking into account:

a) of the value that the good would have if there was no lack of conformity;
b) the extent of the defect of conformity;
c) of the event that the alternative remedy can be experienced without considerable inconveniences for the consumer.

8.9. The repairs or substitutions will be carried out within an adequate term from the request and will not have to cause considerable inconveniences to the consumer, taking into account the nature of the good and the purpose for which it was purchased.

8.10. The consumer may request, by his choice, a congruous reduction of the price or the termination of the contract where one of the following situations appeals:
a) repair and replacement are impossible or excessively onerous;
b) the seller did not replace within a adequate term;
c) the replacement or repair previously carried out has gone significant inconvenience to the consumer.

8.11. In determining the amount of reduction or the sum to be returned, the use of the asset is taken into account.

8.12. After the complaint of the lack of conformity, the seller can offer the consumer any other available remedy, with the following effects:

a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the start of the adequate term for repairs or replacements, unless acceptance by the consumer of the proposed alternative remedy;
b) If the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article.

8.13. A lack of mild conformity, for which it has not been possible or it is excessively expensive to carry out the remedies of repair or replacement, does not give the right to terminate the contract.

8.14. The legal guarantee is limited to purchases made by consumers. With regard to subjects other than consumers, the provisions of the consumer code to articles 1490 and SS ..

8.15. Conventional guarantee of the manufacturer

The products sold on the site can, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ("conventional guarantee"). The customer can assert this guarantee only to the manufacturer.

The duration, the extension, including territorial, the conditions and methods of use, the types of damage/defects covered and any limitations of the conventional guarantee depend on the individual producer and are indicated in the so -called guarantee certificate contained in the product packaging.

The conventional guarantee has a voluntary nature and does not add, does not replace, does not limit and does not affect nor excludes the legal guarantee.

9. delivery terms / withdrawal

9.1. The products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "shipping data".

All purchases will be delivered by express courier (hereinafter, "Corriere") from Monday to Friday, excluding holidays and national holidays, the Cima Pharmacy is not responsible for non -predictable delays or not attributable to it.

Once the products are sent, the customer will receive a confirmation email in which a link will be included to refer to for tracking the shipment.

In any case, except in cases of force majeure or fortuitous chance, the products ordered will be delivered within a deadline of 7 (seven) working days from the day following the one in which the pharmacy confirmed the order to the customer through a specific email order confirmation.

9.2. The customer acknowledges that the withdrawal of the product is his precise obligation deriving from the purchase contract. In the event of non -delivery for the absence of the recipient to the address specified in the order form, after two delivery attempts, the package will be "in stock". In the event of non -withdrawal of the product within five working days from the first delivery attempt, the contract will be considered terminated and the purchase order consequently canceled pursuant to art. 1456 c.c. The contract must be made, the reimbursement of the total amount will take place possibly paid by the Customer, deducted the costs of the delivery of the product that was not successful and the return costs. The termination of the contract and the reimbursement amount will be communicated to the customer by e-mail.

10. Risk transfer

The risk of the loss or damage of the products for the cause not attributable to the pharmacy moves to the consumer when the latter or a third party designated by him and different from the carrier, physically enters the same, unless the carrier was chosen by the consumer, unless the choice was proposed by the pharmacy.

11. complaints

For each complaint, including any complaints of compliance defects pursuant to art. 7, the consumer can contact the pharmacy to the contact details indicated in art. 1.

The complaints will be accepted within 7 days from the reception of packages or allegedly such in accordance with the communication of delivery by the courier.

12. Competent hole and applicable law

12.1. If the customer is qualifiable as a consumer, for any controversy, however, originating from these terms and conditions or connected to them or deriving from them, the hole of the place will be competent exclusively

of residence or domicile elected by the customer himself, if located in the territory of the State.

12.2. The applicable law is the Italian one.

13. Method of invoicing

The billing is carried out in different ways based on the type of customer.

Consumers

At the time of concluding the order on the "Conclude your order" page you will have the opportunity to choose "Summary for tax deduction" and by entering your tax code the data of your purchases will be sent electronically to the Revenue Agency. So you authorize us to transmit to the "T.S. system" The data for the deduction of health expenses (only in the event of the purchase of sop-OTC drugs, medical-surgical and homeopathic principals) for the purpose of preparing your tax return. It is mandatory that the tax code is entered (Article 10, deductible charges, text in force since January 1, 2014).

Freelancers and companies

For customers belonging to the "freelancer" and "company" categories, the pharmacy issues electronic sales invoice. The invoice is issued simultaneously with the order of the order. For the issue of the invoice, the information provided by the customer during the registration phase are valid.