GENERAL CONDITIONS OF SALE
Santafarma Srl, VAT no. IT08440610726 located in Bari (BA), at Corso Vittorio Emanuele II, 52, 70122 Bari, email: info@santafarma.it, (hereinafter “Santafarma” or the “Seller”), invites you to carefully read these general conditions of sale of the products and any services, purchasable on the website www.santafarma.it (the “General Conditions of Sale”).
By making any purchase through the website www.santafarma.it, you fully accept the General Conditions of Sale.
Definitions
The term “Consumer” means any natural person who, in commercial practices, acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or professional activity;
the term “Professional” means any natural or legal person who, in commercial practices, acts within the framework of his commercial, industrial, artisanal or professional activity;
the term “Consumer Code” means Legislative Decree 206 of 2005.
How to purchase a product/service
If you wish to purchase one or more products via the website www.santafarma.it, you must select them one at a time and add them to the cart.
To view all the products you have selected, click on the “Go to Cart” button. A “Your Cart” page will appear where you can (i) eliminate the products that are no longer of interest to you, (ii) view the total amount to be paid including VAT (“Total Order”); (iii) use any coupon, if present, (iv) select the shipping methods.
To finalize the order you will have to click on the "Go to checkout" button, a page will appear where you will have to enter all the required data (i.e. shipping option, buyer data, delivery address, payment methods, summary and confirmation).
The contract will be finalized after the payment is made.
In case of payment by bank transfer, you will have to make the payment within [2] days of placing the order, otherwise the order will be considered cancelled.
The products that can be purchased on the site are always available. However, in some cases it may happen that the purchased product is not available even temporarily. In this case, the Seller will be obliged to inform you in writing promptly and in any case no later than 72 hours from the payment of the order, of the unavailability of the product and to reimburse you for the sums you have already paid to the Seller.
Terms for delivery
Unless otherwise agreed in writing, Santafarma will deliver the goods without unjustified delay and in any case within 30 days from the date of confirmation of the order.
In the event of failure to comply with the aforementioned deadline, the Consumer will have the right to grant a further additional period for delivery, taking into account the circumstances that caused the delay or may withdraw from the contract, without prejudice to the right to any compensation for damages.
The risk relating to shipping (i.e. loss or damage to the goods) for reasons not attributable to the Seller, is transferred to the Consumer only when the Consumer, or a third party designated by the same and other than the carrier, physically takes possession of the goods.
The risk is transferred to the Consumer already at the time of delivery of the goods to the carrier if the latter has been directly chosen by the Consumer and such choice has not been proposed by the Seller, without prejudice to the Consumer's rights to seek compensation from the carrier.
Upon delivery of the goods by the courier, the Customer is required to check that the packaging is intact, not damaged, not wet or, in any case, altered, even in the sealing materials (adhesive tape or metal straps).
Any damage must be immediately reported to the courier who makes the delivery, possibly by refusing the package. Attention: if you accept without making the necessary reservations to the goods delivered by the courier, you will not be able to claim any shortages or damages due to transport at a later time.
Furthermore, we specify that the following wording "Package intact, I accept with reservation of inspection" is not taken into consideration by the courier who therefore does not accept complaints or damages, therefore the inspection must be done on the spot with the courier.
INTERNATIONAL SHIPPING
Packages which have been suspended in custom duties
Please note it is the responsibility of the importer (customer) to know the rules and regulations of a country. If a package is stopped in customs we advise you to contact your local customs office and either try to have the package released or reject it and have it resend to us. Once we receive the returned package we will refund the value of the products. Please note we only make a refund if we receive the intact returned package - we do not take responsibility of seized goods.
IMPORT DUTIES AND TAXES
Prices mentioned on the Company's e-commerce platform do not include taxes and duties of the country of destination.
Import, customs and local taxes are borne exclusively by the Customer who should contact the local customs authorities for the payment and processing before receiving the order.
The Company is not responsible for any delay or confiscation of products related to the local tax or customs authorities of the country of destination.
Right of withdrawal pursuant to art. 52 of the Consumer Code
The Consumer has the right to withdraw from the Contract, without stating the reasons, within 14 days to be calculated:
from the day on which the Consumer or a third party, other than the carrier and the designated Consumer, acquires physical possession of the goods;
in the case of multiple goods ordered by the Consumer through a single order and delivered separately, from the day on which the Consumer or a third party other than the carrier and the designated Consumer, acquires physical possession of the goods;
To exercise the right of withdrawal, the Consumer must inform the Seller of his decision to withdraw from the Contract by means of an explicit written declaration.
To this end, the Consumer may use the standard withdrawal form (download the withdrawal form) or may electronically complete and send any other withdrawal form to the following address info@santafarma.it or by registered mail to the registered office of the company located in Bari (BA), at Via Calefati n. 7 -70121,
In the case of transmission by e-mail, the communication will be considered completed only after receiving a response from the Seller confirming receipt.
To comply with the withdrawal deadline, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Exclusions from the right of withdrawal
The following are excluded from the possibility of exercising the right of withdrawal:
the supply of goods made to measure or clearly personalized;
the supply of goods that are liable to deteriorate or expire rapidly;
the supply of sealed goods that are not suitable for return for reasons of hygiene or health protection and have been opened after delivery;
the supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;
Customers who purchase with a VAT number
Medical devices
The right of withdrawal indicates that if for any reason you are not satisfied with your purchase, you can return all or part of the products purchased within and no later than 14 days from the date of receipt of your order.
The right of withdrawal provided for in the Consumer Code concerns only the consumer. The concept of "consumer" is provided for by art. 3 letter A Legislative Decree 206/05: "consumer or user: the natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out". Therefore, since the holder of a VAT number is a professional, and not a consumer, he/she will not be able to exercise the right of withdrawal regulated in the Consumer Code.
Furthermore, it is never possible to exercise the right of withdrawal for over-the-counter/non-prescription drugs and medical devices.
Effects of withdrawal
If the Consumer withdraws from this Contract, he/she will be refunded all payments made to the Seller, including delivery costs (with the exception of additional costs resulting from the Consumer's possible choice of a type of delivery other than the least expensive type of delivery offered by the Seller), without undue delay and in any case no later than 14 days from the day on which we are informed by the Consumer of his/her decision to withdraw from this Contract.
Such refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, he/she will not have to bear any costs as a consequence of such refund.
The refund may be suspended until the goods are received or until the Consumer demonstrates that he has sent the goods back, whichever is earlier.
The Consumer will have the obligation to send the goods back or deliver them to the following address Bari (BA), Corso vittorio Emanuele II n. 52 -70122, without undue delay and in any case within 14 days from the day on which he communicated his withdrawal from this contract. The deadline is respected if the Consumer sends the goods back before the 14-day period expires.
The direct costs of returning the goods will be borne by the Consumer.
The Consumer is only responsible for the decrease in value of the goods resulting from handling of the goods and packaging other than that necessary to establish the nature, characteristics and functioning of the goods themselves.
Exceptions to the right of withdrawal pursuant to art. 59 of the Consumer Code
The right of withdrawal cannot be exercised by the Consumer in the cases expressly indicated by art. 59 of the Consumer Code and in particular:
for service contracts after the complete provision of the service if the Consumer has expressly consented to the performance of the service by Santafarma, accepting the loss of the right of withdrawal following the full execution of the Contract;
the supply of goods made to measure or clearly personalized;
the supply of goods that risk deteriorating or expiring rapidly;
the supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;
the supply of digital content via a non-material medium (i.e. CD or DVD) if at the time of the order the Consumer has expressly consented to the start of the execution of the Contract, accepting the loss of the right of withdrawal following the start of the execution
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for the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery.
Return Policy
Without prejudice to the right of withdrawal recognized by law to the Consumer, the product sold by the Seller can be returned by the Professional/Consumer buyer within 30 days of delivery, if intact and in the same condition in which it was delivered in particular:
The product must be returned in its original packaging protected by another suitable wrapping to avoid any alteration of the original packaging during transport.
The products to be returned must be complete with all accessories and must not show signs of wear or damage.
All data relating to the order (i.e. order number and year) must be indicated on the packages shipped, in a visible position.
The product to be returned must be sent to the following address: Santafarma S.r.l., Bari (BA), at Via Calefati n. 7 -70121,
The risks arising from transport and the costs for returning the product will be the exclusive responsibility of the person exercising the right of return.
The Seller will refund only the price of the goods (excluding shipping costs incurred), after verifying the existence of the conditions referred to in the previous paragraph.
Unless the right of return is exercised by the Consumer within 14 days of delivery as per point 4.1 of these General Conditions of Sale, in this case the provisions of art. 5.1 of these General Conditions of Sale will apply.
For the shipment of the goods to be returned, the Seller suggests using a courier or other suitable means to allow the shipment to be traced as well as to insure the shipment itself.
The right of return cannot be exercised for the same cases for which the right of withdrawal as per art. 6 of these General Conditions of Sale is excluded.
Legal guarantee of conformity of products sold by Santafarma
The Consumer will be entitled to the legal guarantee of conformity as provided for in art. 128 et seq. of the Consumer Code (the “Legal Guarantee”).
The Legal Guarantee guarantees the goods from defects of conformity with respect to the Contract.
In the event of a lack of conformity with respect to the contract, the Consumer will be entitled to the restoration, without charge, of the conformity of the goods by repair or replacement, or when these last remedies are not possible, to an adequate reduction in the price or to the termination of the contract as established by the Consumer Code.
Santafarma is responsible, pursuant to art. 130 et seq. of the Consumer Code, when the lack of conformity occurs within n. 2 (two) years from delivery of the product.
The Consumer will have the obligation to report the defect affecting the product within n. 2 (two) months from the date on which you discovered the defect, promptly contacting Santafarma at the following email address info@santafarma.it.
Given that the illustrative images of the products are purely indicative, Santafarma cannot be held liable in the event of non-substantial differences between the products purchased and the aforementioned illustrative images.
Referral clause
For anything not expressly governed by these General Conditions of Sale, please refer to the provisions of the Civil Code or to the special provisions applicable from time to time.
Competent court
For civil disputes arising from the execution of the contract, the court of Bari will have jurisdiction, except for disputes to which the Consumer is a party, in which case the exclusive jurisdiction belongs to the judge of the place where the Consumer has residence or domicile, if located in the territory of the State.
Waiver
In the event of non-compliance by the Professional/Consumer buyer with these General Conditions of Sale, failure by Santafarma to exercise the right to take action against the Professional/Consumer buyer will not in any case constitute a waiver to take action for violations of commitments undertaken by the Professional/Consumer buyer.
Modifications to the General Conditions of Sale
The General Conditions of Sale are subject to modification also in order to conform them to new provisions of law and/or regulations, therefore we recommend that you read the current General Conditions of Sale before proceeding with the purchase.
Download the Santafarma withdrawal form
Santa Clara srls is committed to protecting the privacy of its customers, considering the personal information provided by the customers themselves confidential. The information is used exclusively to ensure that the order proceeds in the best possible way.
In compliance with the provisions of Legislative Decree 30 June 2003 n.196 and the EU General Regulation on the protection of personal data n. 679/2016 we provide information relating to:
