Terms of Sale

Introduction

Pursuant to and as a consequence of articles. 7 and 12 of the Legislative Decree. n. 70 of 9.4.2003, we inform the website user that the website owner and the owner of the domain www.pharmarail.com is: Tialfarma srl - Italy, with its headquarters in via Luigi Caneppele 31A, Trento, VAT number / tax code 02496780228, pec: tialfarma@pec.it, registered at the Chamber of Commerce of Trento with number TN-228911 (hereinafter also called Pharmarail or PR).

The general conditions of sale which regulate offers and sales of products on the website www.pharmarail.com (hereinafter also referred to as “site”) by Tialfarma srl are described below.

The customer is invited to print a copy of the General Conditions and/or to store them on a durable medium.

General and field/area of application

1.1 These General Conditions apply to all sales made by PR on the Site. The user is required to read carefully these general conditions of sale that are allowed to be stored, both before and during the purchase process.

1.2 The General Conditions can be amended at any time, except for the customers’s right of withdrawal to which is referred to in point 7 below. Possible changes and/or new conditions will be effective from the moment of their publication in the “Conditions” section of the Website. General Conditions applicable to the single purchase order are those in force on the date of entering of the purchase order.

1.3 These General Conditions do not regulate the sale of products and/or services provision by parties other than PR whom are present on the Site through links, banners or other hypertext links. Before undertaking commercial transactions with such subjects, for the customers is necessary to verify their conditions of sale. PR is therefore not responsible in any way for the provision of services and/or for the sale of products by these subjects and does not carry out any control and/or monitoring. PR is therefore not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of the law by the same.

2. Purchases on the Website

2.1 Access to the purchase through the Website is reserved exclusively for users who are over 18 years old.

2.2 Once the choice of products of interest has been made, customers must provide billing and shipping personal data as well as an email address for sending communications related to the order. The order confirmation will be made by mail sent to the address provided by the customer.

2.3 The customer guarantees that the information provided during the online purchase procedure on the Website is complete, correct and truthful. The customer also agrees to keep PR indemnified from any obligation to compensate, resulting sanction and/or in any related way to the violation by the customer of the Terms of Sale on the Site. The customer is solely responsible for accessing the Site and responds directly to each damage or prejudice caused to PR or third parties by improper use, loss, misappropriation by others or failure to protect the proper secrecy of personal information. All operations carried out on the Site are considered carried out by the customer to whom the personal data refer.

2.4 The online sales service is offered in Italian.

2.5 In the “Cart” area, the customer can view and possibly modify the open order.

2.6 PR also reserves the right to not accept orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or to frequency of purchases made on the Site.

2.7 The customer can cancel the order issued and not yet confirmed by PR by sending an email to info@pharmarail.com.

3. Pre-contractual information

In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, PR informs the customer that:

before proceeding with the transmission of the order form, the customer will be able to identify and correct any errors in data entry by following the instructions indicated on the Site from time to time and which will accompany the different stages of the purchase;
to conclude the contract for the purchase of one or more products on the Site, the customer must complete an order form in electronic format and transmit it electronically to the PR, following the instructions appearing from time to time on the Site and accompanying the different phases of the purchase;
the contract is concluded when PR will register the order form;
once registered the order form and received confirmation of the authorization to pay the total amount due, PR will send the user a confirmation e-mail to the e-mail address indicated.
the order form will be stored in the PR database for the time necessary to process the order and, anyway, according to the law.

4. Terms and conditions of purchase

4.1 The offers published on the Website are available in limited time and with limited quantities of products. Availability will be confirmed by PR with e-mail to the e-mail address provided by user.

4.2 All prices indicated on the Site are expressed in Euro (€) and are inclusive of VAT, unless otherwise specified. The shipping fee and any other additional cost, including VAT and expressed in €, will be clearly indicated in the order form, before the user proceeds with the transmission of the same.

4.3 The price of the product charged to the customer is the one indicated on the Site at the time of placing order.

4.4 The products will remain property of PR until payment of the purchase price and costs by the customer.

4.5 PR will process the purchase order only after receiving confirmation of payment of the total amount due, consisting of the purchase price, shipping fees and any additional cost, as indicated in the order form.

4.6 PR reserves the right to not confirm orders from users with whom disputes are pending or in the case provided for by art. 5.1.

5. Availability

5.1 The products offered on the Site are limited in number and can be sold at discounted prices. It may therefore happen that one or more products ordered is/are no longer available, after the registration of the purchase order. In any case of unavailability of the product/s ordered, the customer will be promptly informed by e-mail and the purchase order will be deleted for the amount not available. If payment has already been made, PR will immediately, and anyway within thirty days from the day following the order, refund the amount paid by the user for the unavailable part. The refund amount will be communicated to the Customer by e-mail. At the Customer’s choice, this amount will be credited by bank transfer to a current account indicated by the user or whether via a voucher that can be used on the Site for subsequent purchases.

5.2 PR declines all responsibility for any delays in crediting, not depending on its operations.

6. Delivery

6.1 Deliveries are usually made to the postal address indicated by the user in the order form. The customer is solely responsible for the address provided for shipping. For deliveries to foreign countries, shipping costs will be calculated and communicated to the Customer from time to time.

6.2 Delivery times are those specified in the confirmation of the purchase order. In the case of omitted indication of a specific delivery date, it will take place within thirty days from the following ok the sending of the order.

6.3 Deliveries will be made from Monday to Friday, during normal office hours (between 9.00am and 6.00pm), excluding national holidays in the country of delivery indicated by the customer in the order form.

6.4 In case of impediments of delivery due to reasons of force majeure, PR will contact the customer by e-mail to inform him of the delay in delivery times. PR can not be held responsible in anyway for any delays due to third parties and/or reasons of force majeure.

6.5 Delivery is considered completed when the product is made available to the Customer at the address specified in the order form.

6.6 In case of non-delivery due to the absence of the recipient at the specified address, courier will leave a postcard to certify the delivery attempt. On the postcard will be indicated how to contact the courier and request a second delivery attempt. After two unsuccessful delivery attempts, the parcel will be in stored and PR will contact the user in order to unblock the stock and ensure delivery as soon as possible. If this new attempt is not successful, the product will be returned to PR. After thirty days from the date on which the product has been sent back to PR, the contract will be considered terminated and purchase order canceled pursuant to art. 1456 c.c. PR will proceed to refund the amount paid by the user after deducing the costs of failed delivery of the product and the costs of returning the same to PR and the costs of storage. The termination of the contract and the amount of the refund will be communicated by e-mail to the customer. The refund amount will be credited to the bank account indicated by the customer by e-mail. If, before the end of the thirty days, the customer requests to receive the purchased product again, PR will proceed to the new delivery upon charge the costs of returning the product to PR and the costs of storage. It is up to the recipient to check product delivered conditions.

6.7 In case of evident signs of tampering or alteration, on the package the customer must report it at the time of delivery by signing the appropriate document Proof of Delivery (POD) prepared by the courier. In case of failure of report as indicated above, the customer can not claim against PR who is not responsible for the failure to communicate within signature with reservation.

6.8 For deliveries to foreign countries, the interested user is invited to contact PR (info@pharmarail.com) to make specific arrangements that do not fall into the e-commerce available on the Website.

7. Withdrawal

7.1 The customer who has purchased, through the Site, products for which it is not expressly indicated that it is impossible to accept returns, has the right to withdraw from the contract concluded with PR, without any penalty and without specifying the reason, within 14 working days from the date of receipt of the goods, unless otherwise specified. The withdrawal must be exercised by registered letter with advice of delivery sent to PR, at the following address:

Tialfarma srlvia Luigi Caneppele 31A – 38121 Trento – Italy

or, if you have a certified e-mail account (PEC), simply write to nfo@pharmarail.com. Pursuant to current legislation, emails sent by PEC accounts have the value of registered mail.The withdrawal may be anticipated, within 14 days indicated above, also by e-mail to the e-mail address: info@pharmarail.com provided that notice of withdrawal is confirmed by registered letter with advice of delivery within the following 48 hours. For the exercise of the withdrawal the following rules apply:

A) the customer has a time of 14 working days from the date of receipt of the order to indicate his intention to make the return.

B) the customer must also ship the purchased products, using a carrier of his choice and at his own expense, within 14 working days from the date of receipt of the goods. The products must be returned perfectly intact, if necessary accompanied by the adhesive sticker with the bar code, suitably packaged and sealed in their original packaging, complete with any accessory and without any sign of package tampering. In this case the costs and risks related to the return of the products are charged to the customer. Once the product is received, PR reserves the right to evaluate the conditions and proceeding with the full refund only if it is perfectly intact. The customer must include a copy of the order confirmation in the package. In relation to the choice of the courier used for shipping, PR will indicate, at the time of authorization to return, a list of shippers authorized for the pharmaceutical supply chain among which the customer can choose.

It is understood that if the product delivered by PR is damaged or does not comply with the specifications, the return costs will be charged to PR.Note: the return must be previously agreed and exclusively with Tialfarma srl, which will provide all the appropriate information.

For any information contact: info@pharmarail.com.

IMPORTANT: insert a copy of the paper receipt that you find in the package.

7.2 Pursuant to art. 67, II comma, of the Consumer Code, it constitutes necessary condition for the exercise of the right of withdrawal the substantial integrity of the product to be returned. The products must not have been damaged and / or altered.

7.3 For exercise the right of withdrawal it is not required that the goods to be returned be insured against theft and accidental damage by transport. However, since the risk inherent in the return of the goods weighs on the buyer, PR invites the buyer who intends to exercise the right of withdrawal to insure, at its own expense, the shipment for the value indicated in the e-mail order confirmation of purchase.

7.4 In accordance with art. 67, fourth paragraph, of the Consumer Code, only after the return of the product and only after having verified the fulfillment of the points 7.1, 7.2, 7.3 above, PR will proceed, as soon as possible, to refund the amount paid by the user . The repayment amount will be communicated by e-mail and credited to the bank account indicated by the customer. The client’s ability to adhere to the commercial offers in progress remains unaffected by using the credit due as payment/balance of the new order.

7.5 Pursuant to art. 55 of the Consumer Code, the right of withdrawal is excluded if the sale concerns tailor-made or customized products or who, because of their nature or for hygienic / health reasons cannot be returned or replaced or who quickly risk deteriorating or altering.

7.6 It is possible to request the form to be filled in for the returning process to info@pharmarail.com.

8. Payment

8.1 At the time of sending the order, customer will select the payment method (Paypal or bank transfer to a bank account rgistred in Tialfarma srl).A copy of the payment must be kept by the customer and eventually sent to PR if requested. The order is intended to be accomplisheld only after successful completion of the payment. After spending 7 days in vain, PR reserves the right to consider the order deleted.

8.2 If it is deemed necessary to issue an invoice, the customer is required to communicate it during the purchase process, specifying the details of the invoice holder, including the tax code and any VAT number.

8.3 In case of non-payment, PR will refuse the relevant purchase order, noticing by e-mail.

8.4 PR does not accept any other means of payment than those previously agreed.

9. Guarantees and non-conformity of the products

9.1 The products offered on the Website comply with the national and Community legislation in force in Italy.

9.2 The description of the products offered on the Website is the one comunicated to PR by suppliers through Farmadati sr., under their own responsibility. Images and colors of the products on the Site may be different from the real ones due to the local settings of the systems and / or tools used for their visualization. PR is not responsible for the mismatch between the ordered product and the description of the product on the Site, in the case that the mismatch derives from mistakes in the description attributable to the supplier and of which PR was not and could not be aware by the use of normal diligence.

9.3 All products sold on the Site are covered by the Legal Guarantee of Conformity provided for in articles 1228-135 of the Consumer Code (“Legal Warranty”). The Legal Warranty reserved to customers.

9.4 In case of lack of conformity of the purchased products compared to the description published on the Site, the customer has the right to repairing or replacing the product, without any additional fee, where this is possible in relation to the number of items still available for sale and unless replacement or repair is not excessively burdensome for seller in consideration of the value of the item, if there was the lack of conformity, and the extent of the defect. Alternatively, the customer has the right to terminate the contract or to reduce the price, in accordance with the following provisions.

9.5 PR is responsible to the consumer of any lack of conformity existing at the time of delivery of the product to the customer and that occurs within the expiration date indicated on the label and on the product or within the last date provided by the warranty offered by the manufacturer (of “whole package” rule). The lack of conformity must be reported to PR, under penalty of losting guarantee, within one month from the date on which it has been discovered and in any case within the period of residual validity envisaged based on the expiration date or the EAC of the product.

9.6 To be able to use the legal guarantee, the customer must therefore provide proof of the date of purchase and delivery of the item. It is specified that PR traces the products for each production lot and expiry date and that the qualitative dispute can be forwarded solely and exclusively for items effectively originating from PR’s storage.

9.7 In case of termination of the contract for defective or damaged goods, PR will return the price paid by the customer, in addition to shipping fees and any additional cost. In case of price reduction, PR will return the amount of the reduction previously agreed with the customer.

9.8 Products repaired, modified or in any way altered by the customer are excluded from the legal guarantee. Any faults or malfunctions or other defects caused by accidental or customer responsibility or by a use of the product that does not conform to its intended use and/or as provided for in the technical documentation attached to the product, if any, or in the related instructions for use are also excluded from the scope of the Legal Warranty.

9.9 Conventional guarantees related to the products sold are those supplied directly by the manufacturer.

9.10 In no case PR may be held responsible for the non-fulfillment of any of the obligations deriving from these General Conditions in the event that the non-fulfillment is caused by chance and / or force majeure, including, for pure example, natural disasters, terrorist acts, network malfunctions and / or blackouts.

10. Obligations and responsibilities of Pharmarail.com

10.1 PR undertakes to correct all mistakes in the description of the products offered on the Website, starting from the notification of the same. Reporting such mistakes can be made by contacting info@pharmarail.com.

10.2 PR is not responsible in case of damage, of any nature, arising from the installation and / or use of the product improperly and / or not in accordance with the instructions provided by the manufacturer and in case of damages due to unforeseeable circumstances or force majeure.

10.3 PR will not be responsabile in the case of loss of revenues, profits or data or any other indirect damage of any nature deriving from or otherwise connected to contracts subject to General Conditions.

10.4 Rresponsibility of PR, in any case, can not be higher than the total value of the purchase order.

10.5 In no cases may PR be held responsible for the non-fulfillment of any of the obligations deriving from the contracts subject to the General Conditions, in the event that the non-fulfillment is caused by chance and / or force majeure, including, purely for example, natural disasters, terrorist acts, network malfunctions and / or blackouts.

11. Suspension of the Service

11.1 PR reserves the right to temporarily suspend, without prior notice, online sales for the time strictly necessary for technical interventions necessary and / or appropriate to improve the quality of the service offered.

11.2 PR may, at any time, interrupt the provision of the Service if there are justified reasons of security or breaches of confidentiality, giving anyway notice to customer.

12. Contents of the Website and intellectual property rights

12.1 The contents of PR, such as, by way of example, works, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format published on the Website, including menus, web pages, graphics, colors, diagrams, tools, characters and design of the website, diagrams, layouts, methods, processes, functions and software , are protected by copyright and by any other intellectual property rights of PR and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, of the contents of the Site is forbidden unless previously authorized by PR in writing. It is also forbidden to use the contents of the Website for commercial and / or advertising purposes.

12.2 All other distinguishing marks that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by PR under license, for the sole purpose of distinguishing, describing and advertising the products on sale on the Site.

Any use of above mentioned distinctive signs that do not comply with the law, since unauthorized, is prohibited. It is in no way allowed to use any distinctive mark on the Site to take unfair advantage of the distinctive character or of the reputation of these or in a way to case injury to them and their owners.

12.3 Under no circumstances can the user alter, change, modify or adapt the Site, or the material made available by PR.