GENERAL INFORMATION

These General Conditions of Sale have as their object the purchase of products on the website and e-commerce of ArcaPharma S.r.l. made remotely via computer network on the site www.arcapharma.com. Each purchase transaction will be governed by the provisions of DLgs. 185/99, DLgs. 206/05; the information directed to the conclusion of the contract will be subject to art. 12 of DLgs. 70/03 and, as regards the protection of confidentiality, will be subject to the regulations of DLgs. 196/03.

CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

Contracts for the sale of products on the website arcapharma.com are considered concluded when the purchase order placed by the customer is received by ArcaPharma S.r.l. and the latter accepts it. ArcaPharma S.r.l. will promptly send the customer receipt of the purchase order placed by the customer. The customer, by sending his purchase order electronically, declares that he has read and accepted these general terms and conditions and undertakes to observe and comply with them in his dealings with ArcaPharma S.r.l.

PROCESSING OF PERSONAL DATA

ArcaPharma S.r.l. pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal data and tax data acquired even verbally in reference to the business relationships established, provided directly by the interested parties, or otherwise acquired as part of the company’s activities, will be processed in compliance with the regulations referred to, including the obligations of confidentiality provided by them In relation to the aforementioned may be exercised the rights under Article 7 Legislative Decree 196/2003.

OBLIGATIONS OF THE CLIENT

The Customer is required, before submitting his purchase order, to read carefully these general conditions of sale. The submission of the purchase order implies their full knowledge and acceptance. Finally, the Customer is obliged, once the online purchase procedure is completed, to print and keep these general conditions of sale, already viewed and accepted during the conclusion of the contract.

ORDER DEFINITION

By placing an order online, the Customer transmits to ArcaPharma S.r.l. a proposal to purchase the product and/or products placed in the shopping cart. When the Customer places an online order for the products he/she has placed in the shopping cart, he/she agrees to purchase them at the price and terms indicated in these General Terms and Conditions of Sale. ArcaPharma S.r.l. will notify the Customer of the acceptance and confirmation of the order.

MODE OF PURCHASE

The customer purchases the product, the characteristics of which are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein, to which is added the delivery costs, where provided for and specified on the site. Before the purchase order is submitted, the unit cost of each chosen product is summarized, the total cost in case of purchase of more than one product and the relevant delivery charges, if any, as well as any discounts on the single product and extra discounts. Once the purchase order has been forwarded, the customer will receive from ArcaPharma S.r.l. an e-mail message confirming receipt of the purchase order and containing information on the main characteristics of the goods purchased, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general terms and conditions and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. Following the approval of Decree Law No. 223 of July 4, 2006 “maneuver bis” Art. 37 paragraphs 8 and 9, converted with Law 248 of August 4, 2006, which came into force on August 12, 2006, by which the obligation to communicate the list of customers and suppliers in case of invoice issuance is reinstated, and Decree Law 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to require customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.

PAYMENT

The customer can make the payment due by choosing one of the following listed methods.

  • Payment by credit card: In the event that the consumer intends to make payment by credit card, he/she may use the PayPal procedure, which is suitable to ensure the confidentiality of the data provided by customers. For any information and further Legal Agreements, the Customer is referred to www.paypal.com.
  • Payment by bank transfer: Payment by bank transfer payable to ArcaPharma S.r.l. can be made using the following IBAN: IT93C0503616900CC0453103934

In the event that payment is made by bank transfer, the purchased goods will be shipped in the manner described in the following paragraph “Delivery of Products”, to the address specified by the customer upon receipt of the credit, then on average within two to five days after making the transfer (the timing varies depending on the Credit Institute used). To facilitate the process can be sent the payment receipt together with your order number via e-mail to: shop@arcapharma.com

DELIVERY OF PRODUCTS

The purchased goods, together with the relevant invoice, are delivered by courier to the address specified by the Customer when ordering online. Any specific needs must be raised by the customer to ArcaPharma S.r.l.. In case of non-delivery due to the absence of the recipient, at the address specified by him in the order, the courier will leave a notice and try a second time; if the recipient is still absent, the goods will be returned to the sender (ArcaPharma S.r.l.).

WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS

ArcaPharma S.r.l. shall be liable for any lack of conformity that becomes apparent within two years from the delivery of the goods. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the use for which goods of the same type are customarily used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (c) they have the quality and performance usual for goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on the labeling; (d) they are also fit for the particular use intended by the consumer and which was brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted even by conclusive facts. The consumer forfeits all rights if he fails to report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint need not be made if the seller has acknowledged the existence of the defect or concealed it.In any case, unless proven otherwise, it is presumed that defects of conformity which become apparent within six months of delivery of the goods already existed on that date, unless such a presumption is inconsistent with the nature of the goods or the nature of the defect of conformity. In the event of a lack of conformity, the consumer may request, alternatively and free of charge, under the conditions set out below, the repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for ArcaPharma S.r.l. in accordance with Article 130, paragraph 4, of the Consumer Code. The request must be made in writing, by registered letter with return receipt or by certified e-mail to ArcaPharma S.r.l., which will indicate its willingness to comply with the request, or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, where ArcaPharma S.r.l. has accepted the consumer’s request, it shall indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods. If repair and replacement are impossible or excessively onerous, or ArcaPharma S.r.l. has not repaired or replaced the good within the period referred to in the preceding paragraph or, finally, the replacement or repair previously carried out has caused significant inconvenience to the consumer, the consumer may request, at his option, an appropriate reduction in price or termination of the contract. The consumer must in that case make his request ArcaPharma S.r.l., which will indicate its willingness to carry out the same, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where ArcaPharma S.r.l. has accepted the consumer’s request, it shall indicate the proposed price reduction or the manner of returning the defective good. It will be the consumer’s responsibility in such cases to indicate how the amounts previously paid ArcaPharma S.r.l. will be credited.

RIGHT OF WITHDRAWAL

The Buyer has in any case the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the period of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.In the event that the professional has not fulfilled the obligations to provide information on the existence, manner and timing of return or withdrawal of the goods in case of exercise of the right of withdrawal referred to in Article 52 of the Consumer Code, the deadline for the exercise of the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.In the event that the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered mail with return receipt to the address: ArcaPharma S.r.l. Via Trinacria 7, 95030 Tremestieri Etneo Catania CT or by e-mail to the e-mail shop@arcapharma.com, provided that such communications are confirmed by sending registered mail with return receipt to the address: ArcaPharma S.r.l. Via Trinacria 7, 95030 Tremestieri Etneo Catania CT within the following 48 (forty-eight) hours or by certified e-mail to the e-mail address arcapharmasrl@pec.it .For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that in the same terms. The date of delivery to the post office or forwarding agent will be authentic between the parties.In any case, the return of the good must take place no later than 30 (thirty) days from the date of receipt of the good itself. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.The Buyer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or computer software sealed, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case provided for in art. 55 of the Consumer Code.The only costs payable by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier.The Supplier will refund the full amount paid by the Purchaser free of charge within the term of 30 (thirty) days from the receipt of the notice of withdrawal.With the receipt of the notice by which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this article.

PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL

The right of withdrawal is exercised by sending, within the above period, a written notice to the address of ArcaPharma S.r.l. by registered letter with acknowledgment of receipt to the following address: ArcaPharma S.r.l. Via Trinacria 7, 95030 Tremestieri Etneo Catania CT or by certified e-mail to the e-mail address arcapharmasrl@pec.it. If the good has been delivered, the customer is required to return it to ArcaPharma S.r.l. within 15 (fifteen) working days from the date of delivery of the good. The good must be returned to ArcaPharma S.r.l. complete with every part and any accessories or instruction manual and everything originally delivered to the customer, as well as packed in its original wrappings. A copy of the electronic receipt of the order must be attached to the returned product. The cost of returning the goods to ArcaPharma S.r.l. shall be borne by the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, ArcaPharma S.r.l. is obliged to refund the amounts paid by the customer. In particular, ArcaPharma S.r.l. will proceed free of charge to the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the customer. This operation will be carried out by PayPal refund where possible or by crediting the amount to the bank account indicated by the customer.ArcaPharma S.r.l. has the right to reject any product returned by means other than those specified above, as well as products for which the customer has not fully paid the cost of return, or has not complied with the procedures and timeframes indicated for the communication of the exercise of the right of withdrawal.

EXPRESS TERMINATION CLAUSE

In the event of total or partial non-payment of the purchase price of the goods ArcaPharma S.r.l. reserves the right to declare pursuant to and for the purposes of Article 1456 of the Civil Code terminated this contract by sending a written notice to the electronic address of the customer.

COMPLAINTS

For any complaint or clarification, the customer should write to the e-mail address shop@arcapharma.com
The customer will be contacted for clarification within 3 (three) working days of the request.

APPLICABLE LAW AND JURISDICTION

All disputes arising from this contract shall be referred to a conciliation attempt at the Mediation Body of the Chamber of Commerce of Catania and resolved according to the Conciliation Rules adopted by the same.If the Parties intend to bring the matter before the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, which is mandatory under Art. 33, paragraph 2, letter u) of the Consumer Code.

RETURN

This contract is governed by Italian law.19.2. For all that is not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract apply, and in particular Article 5 of the Rome Convention of 1980.19.3 Pursuant to Article 60 of the Italian Consumer Code, the regulations contained in Part III, Title III, Chapter I of the Italian Consumer Code are expressly referred to herein.