ART. 1 – GENERAL INFORMATION REQUIRED FOR THE BUYER
The seller, in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) and in particular of Legislative Decree 3 December 2013, informs the buyer that the goods covered by this contract are produced by Derma Health Srl, with registered office in Camerino (MC) Via Madonna delle Carceri n. 6, telephone number 0737-586045 fax 0737-582002 PEC: dermahealth@pec.it
Any communication or request for information can be sent in writing to the above address or by e-mail by writing to the following address info@dermahealth.it
Derma Health Srl offers product sales services on its website. The User is informed, and accepts, that access to dermahealth.it does not in any way imply the beginning of a commercial relationship with Derma Health Srl.
Derma Health Srl is not responsible for any misuse that may be made of the contents of its web pages, being the sole responsibility of those who access and use them.
ART. 2 – CONCLUSION OF THE CONTRACT
To make purchases, the user must register on the website www.dermahealth.it.
The user who intends to start the registration procedure undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
The buyers of Derma Health Srl, registered users, have the possibility to place all their orders from the pages of the site itself. Orders of any amount and quantity are accepted. By selecting the “Proceed to the next step” button during the purchase process, the buyer declares to fully and unreservedly accept all of these General Conditions of Sale. The data recorded by dermahealth.it constitute proof of the transactions carried out between Derma Health Srl and its buyers. Derma Health, through www.dermahealth.it, will confirm the orders by sending an e-mail. The prices of the goods supplied, any duties and taxes, as well as the additional costs for shipping are indicated precisely during the definition of the order, before confirming it and before paying.
Derma Health reserves the right to change its prices at any time, but the products will be billed on the basis of the rates in effect at the time of placing the order (subject to product availability). The products remain the property of the supplier until full settlement of the amount due. Derma Health reserves the right to refuse an order from any buyer with whom there is an ongoing dispute.
The goods are sold and purchased in accordance with an order from the buyer sent by the same and accepted by the seller according to the methods set out in the following point.
The order is subject to the present conditions which regulate the contract in such a way as to exclude any other condition and modality according to which an order can be made by the buyer.
Once the products have been displayed, it will be possible to choose the one of interest by selecting the “Add to Cart” button; on the next screen the user will be able to check the types of products he wishes to purchase and the relative prices and at this point it will be possible to confirm the order or modify it.
The seller, pursuant to art. 13 of the aforementioned Legislative Decree n. 70 of 2003, issues acceptance of the buyer’s order by e-mail containing a summary of the information relating to the essential characteristics of the goods and a detailed indication of the price, means of payment, delivery costs and applicable taxes. Once the purchase order has been confirmed, the buyer can check the details at any time on the relative web page.
To conclude the purchase contract, it will be necessary to fill in the form on the screen in the Cart section in electronic format and send it following the relative instructions.
It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the means of payment that can be used, the methods of delivery of the products purchased and the relative costs of shipment and delivery, a reference to the conditions for exercising the right of withdrawal, methods and times for returning the products purchased.
Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
The contract is concluded when the seller receives the completed form, after verifying the correctness of the data contained therein.
The buyer will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will happen at the end of the wizard.
ART. 3 – PRICES AND RATES
The prices of the goods supplied, any duties and taxes, as well as the additional costs for shipping are indicated precisely during the definition of the order, before confirming it.
Prices may vary at any time. The changes do not affect orders for which the order confirmation has already been sent.
ART. 4 – PRODUCT DESCRIPTIONS AND AVAILABILITY
The descriptions and images of the products offered by Derma Health Srl are published on www.dermahealth.it for guidance so that the customer can have some more information on the product itself.
The availability of the products refers to the actual availability at the time the buyer places the order. This availability must in any case be considered purely indicative, because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order.
Even after sending the order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product and the buyer will be immediately informed via email.
ART. 5 – DELIVERY OF THE GOODS
The products for which the order has been accepted by the seller will be delivered to the address indicated by the buyer in the purchase order, by express courier after a minimum of 3 days and a maximum of 7 working days from the sending of the order confirmation to the customer. Delivery is made by trusted shippers and/or couriers at the shipping cost indicated on the screen during the completion of the order, calculated according to the amount of the order placed. The cost of shipping is borne by the buyer, according to the rates and costs indicated. The buyer can always know at what stage the fulfillment of each of his orders is through the information available on the site, in the reserved area. Each delivery is considered completed from the moment the carrier places the products at the buyer’s disposal, as resulting from the system used by the carrier to track shipments. It is the recipient’s responsibility to check the products upon delivery and raise any reservations and complaints that appear justified, including the possibility of rejecting the package if it has been opened or shows obvious signs of deterioration.
Reservations and complaints – including non-delivery within the above term – must be addressed to Derma Health Srl by registered letter with return receipt. or by e-mail to the addresses indicated in the art. 1.
ART. 6 – PAYMENT
The balance of purchases is made by credit card, PayPal or cash on delivery (cash only). The cards accepted are all those belonging to the Visa, MasterCard, American Express, Discover, eCheck circuits.
In the event that the virtual POS (point of sale terminal on the Internet) communicates the refusal of the card, the order will be automatically cancelled, informing the buyer online of the aforementioned cancellation.
In case of non-availability of the product after the order has already been placed, the buyer will be informed by e-mail of its cancellation. Following this cancellation, the speed of crediting the buyer’s bank account will depend on the type of credit card and the conditions of each bank.
ART. 7 – RIGHT OF WITHDRAWAL
The buyer has the right to withdraw from the contract stipulated in terms of these general conditions, without any penalty and without specifying the reason, within 14 working days starting from the day of receipt of the goods by the buyer, in accordance with current legislation.
The right of withdrawal is exercised by sending, within the established deadline, a communication sent to the address of the seller’s registered office, indicated in article 1, by registered letter with acknowledgment of receipt. The communication can be sent, within the same period, also by telegram or e-mail to the addresses and numbers indicated in the art. 1. Derma Health Srl will reply by e-mail providing detailed instructions for the return. If the goods have been delivered, the buyer who has sent the withdrawal is required to return the goods by shipping them within a period not exceeding 14 days. From the date of receipt. The costs and risks associated with returning the products will be borne by the buyer, who will have to send them safely with the necessary guarantees so that the products arrive in perfect condition. The only costs payable by the buyer for exercising the right of withdrawal pursuant to this article are the costs of shipping the goods to the seller. In case of payment made before exercising the right of withdrawal, the seller is required to reimburse the amount paid, within thirty days from the date on which he became aware of the exercise of the withdrawal. If the payment was made by bank transfer and the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund to be made.
ART. 8 – DATA PROCESSING
The buyer’s data is processed in compliance with the provisions of the legislation on the protection of personal data, as specified in the appropriate section containing the information pursuant to art. 13 Legislative Decree June 30, 2003 (Privacy Policy). Personal data will be processed electronically by the seller in compliance with the strictest confidentiality and will be used only for the execution of the contract and for the management of the purchase order of the products. The communication of personal data is mandatory for the purpose of supplying the goods and their failure to communicate will prevent the conclusion and execution of the contract. The data controller is: Derma Health Srl.
No data processing other than that necessary for the execution of the supply can be carried out without the express consent of the buyer. Pursuant to art. 7 of Legislative Decree 196/03, the purchaser has the right to obtain the indication of the origin of personal data, of the purposes and methods of treatment, of the logic applied in case of treatment carried out with the aid of electronic instruments, of the identification details of the owner , of the managers and of the designated representative pursuant to article 5, paragraph 2, of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them in their capacity as designated representative in the territory of the State, of managers or appointees. The buyer also has the right to obtain the updating, rectification or, when interested, integration of data, cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those of who conservation is not necessary in relation to the purposes for which the data were collected or subsequently processed, the attestation that the above operations have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. Finally, the buyer has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection, to the processing of data for carrying out market research or commercial communication. To exercise the rights provided by the art. 7 of Legislative Decree 196/03, the purchaser may address his written request, by registered mail or e-mail, to the data controllers, sending his request to the addresses:
Derma Health Srl
Via Madonna delle Carceri, 6
62032 Dressing room (MC)
info@dermahealth.it
ART. 9 – INTELLECTUAL PROPERTY
Derma Health Srl reserves all rights to the texts, works, illustrations and images reproduced on the web pages of the dermahealth.it site in accordance with copyright as well as in accordance with Intellectual Property. In this respect and in accordance with the provisions of the Intellectual Property Law, use is only authorized for private use unless otherwise provided, including further restrictions of the Intellectual Property Code. Any other use is prefigured as forgery and is sanctioned in accordance with the Intellectual Property, except with prior written authorization from Derma Health Srl. All total or partial reproductions of the dermahealth.it catalog are strictly prohibited.
ART. 10 – LIABILITY AND SETTLEMENT OF DISPUTES
The photographs and texts reproduced to illustrate the products offered are not contractual. Consequently, Derma Health Srl will not be liable in the event of errors in any advertising of the products on sale. Derma Health Srl is not responsible for the damages caused, both material and immaterial or corporal, which may result from the misuse of the marketed products. The responsibility of Derma Health Srl, in any case, will be limited to the amount of the order and cannot be requested for simple errors or omissions that could have existed despite all the precautions taken in the presentation of the products. Derma Health Srl will not be liable to a purchaser or a third party for any indirect damage, loss, profit or turnover occurring in any way, even if they were reasonably foreseeable by Derma Health Srl. Without limiting the clauses above, the liability of Derma Health Srl according to these general conditions cannot exceed a sum equal to the sums paid or to be paid for the transaction giving rise to said liability, whatever the cause or form of the action in question. Derma Health Srl cannot be held responsible for non-fulfilment of the contract in the event of damage in stock or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communication, flood or fire. In the event of a dispute, the buyer will contact Derma Health Srl to obtain an amicable solution. For all civil disputes concerning this contract or connected to the same that may arise between the parties, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the purchaser, if located in the territory of the State, as established by art. 63 of Legislative Decree 206 of 6 September 2005 “consumer code”, regarding the competent court.
ART. 11 – ACCESS TO THE CONTRACT AND THESE GENERAL CONDITIONS
Copy of these General Conditions, pursuant to art. 12 paragraph n. 3 of Legislative Decree April 9, 2003 no. 70, can be downloaded and saved on the buyer’s computer. Copies of the orders forwarded by the purchaser and regulated by these general conditions of contract are kept in electronic form in the database of the servers managed by Derma Health Srl and can be provided upon request by the purchaser, in electronic format by sending them to the email address indicated by the purchaser and without additional costs, or in hard copy upon payment of the costs of reproduction and shipping of the same. Upon acceptance of the order, the computer system generates a confirmation of the order and of the general conditions of the contract which is sent to the email address indicated by the buyer.
ART. 12 – CHANGES TO THESE GENERAL CONDITIONS
Derma Health Srl reserves the right to modify these general conditions of sale without notice, being able to change, eliminate or add both the contents and services that are provided through the site and the format in which they appear or with which they are represented in its server. These changes will be effective from the moment of their publication on the dermahealth.it website and must be accepted by the purchaser each time he makes a purchase through the www.dermahealth.it website. Members who do not agree with the changes to the general conditions will have to notify it, starting from the date on which the new version comes into force, they will have to stop using the services of dermahealth.it. In the event that any of the terms of the general conditions is illegal or unenforceable, it will be null and void and the agreements between the parties will apply, in their absence, the provisions of the Civil Code.
ART. 13 – COMPLETENESS
The purchase does not involve other charges, obligations or expenses for the buyer other than those established in the contract.