GENERAL PROVISIONS

 
These conditions are valid exclusively between the company Farmoderm s.r.l., with registered office in Piazza Castello 26 – 20120 Milan (MI), REA MI-1330557, VAT number 09939050150, hereinafter referred to as “FARMODERM” and any person making online purchases on the site www.farmoderm.shop, hereinafter referred to as “CUSTOMER”. These conditions may be subject to change and the date of their publication on the site shall be the date of their entry into force.
These general conditions govern purchases made on the website www.farmoderm.shop, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree No. 206/2005, amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003 on electronic commerce.
 
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ARTICLE 1 – PURPOSE OF THE CONTRACT

 

1.1 Under these general terms and conditions of sale, FARMODERM sells and the CUSTOMER buys at a distance the tangible movable goods indicated and offered for sale on the www.farmoderm.shop website. The contract is concluded exclusively through the Internet, by means of the CUSTOMER’s access to the address www.farmoderm.shop and the placing of a purchase order in accordance with the procedure set out on the site itself.


1.2. The CUSTOMER may only make purchases on the www.farmoderm.shop website after registering. During the registration procedure, the CUSTOMER undertakes to read these general terms and conditions of sale, in particular the pre-contractual information provided by FARMODERM, and to accept them by placing a flag in the box indicated.


1.3. In the confirmation email for each order, the CUSTOMER will also receive a link to download and file a copy of these general terms and conditions of sale, as provided for in Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

ARTICLE 2 – PRE-CONTRACTUAL CONSUMER INFORMATION – ARTICLE 49 OF LEGISLATIVE DECREE 206/2005

 

2.1. Before concluding the purchase contract, the CLIENT must examine the characteristics of the goods which are illustrated in the individual product sheets at the time of the CLIENT’s choice.


2.2. Before the conclusion of the purchase contract and before the validation of the order with “obligation to pay”, the CUSTOMER is informed about
– the total price of the goods, including taxes, with details of shipping costs and any other costs
– the method of payment;
– the deadline by which FARMODERM undertakes to deliver the goods;
– the existence of the legal guarantee of conformity of the goods purchased.

2.3. The CUSTOMER may at any time, and in any case before the conclusion of the contract, take note of the information relating to FARMODERM, the geographical address, the telephone and fax numbers, the e-mail address, which are also indicated below:
FARMODERM S.R.L.
registered office Piazza Castello 26 – 20120 Milan (MI),
operational headquarters Via G. di Vittorio, 70 – 20026 – Novate Milanese (MI)
Tel. 02.356.44.26- Fax 02.356.47.09
e-mail : web@farmoderm.it

ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

 

3.1. The sales contract is deemed to have been concluded when FARMODERM sends the CUSTOMER an e-mail confirming the order. The e-mail shall contain the CUSTOMER’s contact details and order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, as well as a link to print and keep a copy of these conditions.


3.2. The CUSTOMER undertakes to verify the accuracy of the personal data contained in the order and to promptly notify FARMODERM of any corrections.
FARMODERM undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or minor differences between the website and the actual product. Furthermore, the photographs of the products presented on www.farmoderm.shop do not constitute a contractual element, as they are only representative.


3.3. FARMODERM undertakes to dispatch the goods within 10 working days from the date on which FARMODERM sends the CUSTOMER an order confirmation e-mail.

ARTICLE 4 – AVAILABILITY OF PRODUCTS

 

4.1. The availability of products refers to the actual availability at the time the CLIENT places the order. However, this availability must be considered as purely indicative because, due to the simultaneous presence of several users on the site, the products may be sold to other CLIENTS before the order is confirmed.


4.2 Even after FARMODERM has sent the order confirmation e-mail, the goods may be partially or totally unavailable. In this eventuality, the CUSTOMER will be contacted immediately and informed by telephone to agree on how to resolve the problem.


4.3. If the CUSTOMER requests the cancellation of the order, terminating the contract, FARMODERM shall refund the amount paid within 14 days from the day on which FARMODERM became aware of the customer’s decision to terminate the contract.

ARTICLE 5 – PAYMENT CONDITIONS

 

5.1. Any payment by the CUSTOMER may only be made by the means of payment indicated on www.farmoderm.shop.

5.2 In the event of advance payment by bank transfer, the order shall only be processed upon receipt of the credit of the relative sum to FARMODERM’s current account. 5.3. Communications relating to payment by credit card and the data communicated by the CUSTOMER at the time of payment are made on specially protected lines.

5.3. Communications relating to payment by credit card and the data communicated by the CLIENT at the time of payment are made on specially protected lines.

ARTICLE 6 – PRICES AND PROMOTIONS

 

6.1. All prices of the products shown on www.farmoderm.shop are in Euros and include VAT.


6.2. Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment.


6.3. The CUSTOMER accepts FARMODERM’s right to modify its prices at any time, but the goods will be invoiced on the basis of the prices indicated on the site when the order was created and indicated in the confirmation e-mail sent by FARMODERM to the CUSTOMER.


6.4. In the event of a computer, manual or technical error or any other error that could lead to a substantial change, not foreseen by FARMODERM, in the retail price, making it exorbitant or manifestly derisory, the order form shall be considered null and void and the amount paid by the CUSTOMER shall be reimbursed within 14 days from the date of cancellation.


6.5. From time to time we may run promotions or offer other incentives (“Promotions”) to purchase particular products from us.


6.6. The duration of any Promotion, the conditions for qualifying for that Promotion and the Products which will be the subject of that Promotion will be set out in this section of these terms and conditions.


6.7 If you place an order for Products as part of a promotion, the specific terms and conditions for the promotion set out in that specific section and the terms and conditions set out on this page will apply. In the event of any inconsistency, the specific terms and conditions of the promotion set out will prevail.


6.8. Promotion: Request your free coupon –
Validity: from 10/08/2020 until: current
Farmoderm offers its new customers a discount coupon worth up to €25 valid on their first order on www.farmoderm.shop.
To benefit from the promotion, new customers must create an account and sign up to receive our promotional emails. The coupon code is only valid for a customer’s first purchase and can only be used once. Only one per household or address. Farmoderm reserves the right to refuse the promotion if it suspects that a customer is not new or is trying to circumvent the rules in some other way.


6.9. Free RSA and Nursing Home: Terms of use. This promotion is only valid for approved nursing homes. The application for the promotion can only be made by an employee of an approved nursing home. Only one package of products per nursing home. The products will be delivered exclusively to the address of the registered nursing home.


6.10. Promotion: coupon action published in Italian newspapers from 29/10/2020 to 15/11/2020.

 
Validity: from 29/10/2020 until: 30/11/2020 The coupon code is only valid for one purchase at Farmoderm.shop and can only be used once per household or address. The coupon code cannot be combined with other coupons or promotions. Farmoderm reserves the right to refuse the promotion if it suspects a customer of trying to circumvent the rules.

ARTICLE 7 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

 
7.1. The goods marketed on the www.farmoderm.shop website fall within the scope of the exceptions to the right of withdrawal provided for in Article 59 of the French Consumer Code as “goods that cannot be returned for reasons of hygiene or health protection”. Therefore, not all purchases made on www.farmoderm.shop provide for the possibility of the right of withdrawal.

ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY

 
8.1. In the event that the CUSTOMER receives products that do not conform to the orders or are defective, the CUSTOMER has the right to have the conformity of the product restored free of charge by replacing it. The CUSTOMER may exercise this right if it notifies FARMODERM of the defect within 8 working days of receiving the goods, by sending an email to: assistenza@farmoderm.it or a fax to 02.356.19.40.
In the event of a defective or non-compliant product, FARMODERM will organise, at its own expense, the withdrawal of the product, subject to the CUSTOMER’s availability.

ARTICLE 9 – DELIVERY METHOD

 

9.1. FARMODERM will only accept orders to be delivered within the Italian territory and the Republic of San Marino. The products will be sent by express courier to the address indicated by the CUSTOMER at the time of ordering within a maximum of 10 working days. Working days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by FARMODERM.


9.2. For each order placed on the www.farmoderm.shop website, FARMODERM issues an invoice for the goods shipped. The invoice is available and printable, after the order has been processed, in the “Order History” section of the CUSTOMER’s “My Account” space. The invoice contains the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated on the invoice.

ARTICLE 10 – LIABILITY

 
10.1. FARMODERM declines all responsibility in the event of inefficiency attributable to a case of force majeure or a fortuitous event, even if it depends on malfunctions and inefficiencies in the Internet network, in the event that it is unable to execute the order within the timeframe specified in the contract.

ARTICLE 11 – ACCEPTABLE USE AND ACCESS

 

11.1. The CLIENT is entitled to access the site to consult and make purchases. No other use, in particular commercial use, of the site or its contents is authorised. The entirety of the elements of this site, whether audio or visual, as well as the related technology used, remain the property of FARMODERM and are protected by intellectual property law.


11. 2 When using the FARMODERM website, you may not: (a) circumvent, disable or interfere in any way with any security related feature of the site or features that prevent or restrict the use or copying of content accessible through the site; (b) provide false information in your account details; (c) use the identity of another person without their permission or make any false statement that you are acting on behalf of a person, entity or organisation; (d) use the site if you have been suspended or banned from using it by FARMODERM; (e) send unsolicited messages, spam or repetitive messages; (f) engage in unlawful or unauthorised conduct; (g) modify, interfere with, intercept, disrupt or hack the Site; (h) abuse the Site by knowingly introducing viruses, Trojan horses, worms, logic bombs or similar material or taking any other action that may damage the Site, the Site User’s equipment or otherwise negatively impact the Site User’s experience. (i) collect data from the Site other than in accordance with these Terms of Use; (j) post or contribute to any content that is insulting or threatening, obscene, false, offensive or objectionable; (k) insult, harm or intimidate another user of the Site, a member of staff or any other person (l) post or contribute to any content without the permission of the owner of that content or in any way infringe the copyright, trade mark or other rights of any third party; or (m) post or provide any information or comments about another person that are false, private, confidential or defamatory (including personally accusing another person of any unfounded criminality or serious wrongdoing that would damage their reputation in the eyes of anyone reading your comment).

 

11.3. Failure to comply with the acceptable use rules constitutes a serious breach of these Terms of Use and may result in FARMODERM taking one or more of the following actions (with or without notice): (a) immediate, temporary or permanent revocation of your right to use the Site; (b) immediate, temporary or permanent removal of any User Content; (c) issuance of a warning to you; (d) legal action against you, including proceedings for the reimbursement of all costs (including, without limitation, the costs of the use of the Site); (e) termination of your access to the Site; (f) termination of your right to use the Site; (g) termination of your access to the Site; (c) the issuance of a warning to you; (d) legal action against you, including proceedings for reimbursement of all costs (including, without limitation, reasonable administrative and legal costs) arising from the breach; and/or (e) disclosure of such information to law enforcement authorities as FARMODERM reasonably deems necessary.


11.4 In addition to the foregoing, FARMODERM may take such other action as it reasonably deems appropriate.


11.5. Access to the Site is permitted on a temporary basis and FARMODERM may restrict or terminate access at any time without notice. FARMODERM shall not be liable if the Website is unavailable at any time and for any period.


11.6 FARMODERM has taken responsibility for preparing the content of the Website. However, it shall not be liable for any errors or omissions or technical problems that you may encounter. If FARMODERM becomes aware of any inaccuracies in the content, it will endeavour to correct them as soon as reasonably possible.


Although FARMODERM makes every reasonable effort to ensure that all information presented on the site is correct, it is presented without any conditions or warranties and the site is provided to you “AS IS”. FARMODERM is therefore not responsible for anything that happens as a result of the content of the site.


11.8. In any event, FARMODERM will never assume any responsibility for Content posted by users who use and rely on any Content posted by users entirely at their own risk.


11.9. FARMODERM excludes all warranties and conditions implied by law, to the extent permitted by applicable law.

ARTICLE 12 – PRIVACY AND COOKIES

 

12.1. The www.farmoderm.shop website uses “cookies”. Cookies are electronic files that record information relating to the CUSTOMER’s browsing on the website (pages consulted, date and time of consultation, etc.) and which enable FARMODERM to offer a personalised service to its customers.

12.2. FARMODERM informs the Customer of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.

12.3 For further information, please see our pages on privacy and cookies.

ARTICLE 13 COMPLETENESS

 
13.1 These General Terms and Conditions of Sale include all of their provisions. If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such by a law, a regulation or following a decision of a competent court, the other provisions shall retain their full force and scope.

ARTICLE 14 – APPLICABLE LAW AND PLACE OF JURISDICTION

 

14.1 These general conditions of sale are subject to Italian law.


14.2 Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the Court of Milan.