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GENERAL CONDITIONS OF SALE AND USE OF THE WEBSITE

 Please read these general terms and conditions of sale and use of the us.farmacell.com (the "website") website carefully. This document contains important information regarding the rights and obligations of the user.

These terms and conditions (the “Terms and Conditions of Sale”) apply to the purchase of the “Relaxsan”, “RelaxMaternity” and “FarmaCell” products available on the website (the “products”).

The products featured on the website are manufactured and sold by Calze G.T. S.r.l. (the "seller").
The seller may update these terms and conditions of sale and use and the Privacy Policy at any time and without notice.

When placing an order through the website, the user is required to accept the terms and conditions of sale and use and the privacy policy currently in effect on the date in which the order is submitted.

  1. PURCHASE ORDERS

1.1 The products sold on the website us.farmacell.com can only be purchased and delivered to the countries indicated on the order form.

 

1.2 Orders can only be made by private customers (end consumers); the purchased products are intended exclusively for personal use and may not be resold. The resale or distribution of the products purchased on the website is therefore strictly prohibited.

1.3 Despite doing everything possible to reproduce the colours, designs and styles of the products shown on the website as accurately as possible, certain differences may nevertheless be encountered due to the characteristics of the user's computer. For this reason, the seller may not be held responsible for any errors or inaccuracies in relation to the photographs and graphic representations of the products shown on the website.

1.4 The product offers and prices are valid depending on availability. While filling out the order, the user is provided with all the necessary indications regarding the products' availability; in the event that a product is found to be unavailable after the order has been submitted, the user will be promptly notified and will have the option to either order another product on the website or else to cancel the order itself. In the event that the order is cancelled, the payment will be refunded immediately.

1.5 Before the order is submitted, the customer is provided with an order summary containing the details, quantities and prices of the selected items. This summary should be read carefully prior to confirming the order.

1.6 Customs duties and/or taxes may be levied, as applicable in the country of destination, on goods delivered outside Italy. Any customs duties are the sole responsibility of the customer.

1.7 The seller shall not be held responsible in the case of lack of inventory or missing products.

1.8 The seller reserves the right to change the products offered on this website at any time and without notice.

  1. ORDER CONFIRMATION - BINDING AGREEMENT

2.1 All orders are binding upon written acceptance on the part of the seller, and will likewise be confirmed by the seller via email.

2.2 Prior to completing the order, the user will be asked to confirm that he/she has read the terms and conditions of sale, including the information regarding the right of cancellation and the processing of personal data.

2.3 The order confirmation on the part of the seller and the terms and conditions of sale will be considered as the final agreement stipulated between the seller and the user with regard to the items contained in these terms and conditions of sale.

2.4 The order shall not be subject to correction or cancellation, with the exception of the cases foreseen by these general conditions or in accordance with the applicable regulations.

2.5 The data recorded by the website constitute the evidence of the entire transaction that has taken place between the seller and the customer. In the event that any disputes should arise between the seller and the customer regarding a transaction carried out via the website, the data recorded by the website will be held as irrefutable proof of the transaction itself and the relative contents.

  1. SALES PRICES

3.1 All the prices shown on the website and in the order are expressed in EURO and are to be understood as VAT inclusive.

3.2 The seller reserves the right to change the prices of the product at any time and without notifying the user, for whom the prices displayed on the website at the time of the order confirmation will be applied.

  1. METHODS OF PAYMENT

4.1 The purchase price for the products and the relative shipping and delivery costs can be paid using the methods specified in the order form, which are summarized below:

4.1.1 PayPal

4.1.2 Credit/debit cards accepted by the Multisafepay system
4.1.3 Bank transfer made out to “CALZE G.T. Srl”, using the following bank details:

UNICREDIT SPA Mantua branch

IBAN:  IT 87 I 02008 11510 000500013618

The order will be processed as soon as payment is received.

  1. SHIPMENT AND DELIVERY

5.1 The products will be shipped to the specified shipping address using the courier indicated by the seller during the ordering process. The company shall bear no responsibility for any orders delivered to incorrect destinations in the event of an address change.

5.2 Shipping is free for orders over € 199.00. Below this amount a variable shipping fee will be charged depending on the delivery status. Shipping costs for your country can be checked in the “shipping” section. Shipping costs will be indicated to the user when completing the order and are payable together with the price of the products, VAT included.

5.3 The delivery dates are to be understood as indicative only.

5.4 Any missed deliveries or delivery delays in excess of eight (8) business days must be promptly reported to the customer support service.

5.5 Whatever the case, the seller shall bear no responsibility for any direct, indirect, incidental, consequential or any other type of damages resulting from the submission of incomplete information, or any delays or errors in the shipment or delivery of the order itself. In the event of a failed delivery that can be demonstrably attributed to the seller, the user will have the right to request either the delivery of the same product at no additional charge, or else the reimbursement of the purchase price.

5.6 The recipient is required to verify the integrity of packages delivered by the courier immediately upon receipt. In the event that any anomalies are encountered (e.g. open packages, damaged items, etc.), these must be brought to the courier's attention and duly noted, and the delivery itself must be rejected. Failure to do so will compromise the user's possibility to exercise his/her rights in this regard.

  1. RIGHT OF WITHDRAWAL, REFUND

6.1 This right (pursuant to and by effect of Italian Legislative Decree no. 206 of 6 September 2005, known as the "Consumer Code"), which can only be exercised if the client is a Consumer (by this definition meaning any person acting on the website for purposes unrelated to business or professional activities), consists of the right to return goods purchased to the supplier without penalty and without specifying the reason, as well as the right to obtain the relative refund of the purchase price.

6.2 The consumer may exercise his/her right of cancellation within fifteen (15) business days of receiving the products, using the procedure below:

6.2.1 Before proceeding with the shipment of the product, please refer to the return and refund information page, which contains all relevant information.

6.2.2 Please fill in the return request section by entering the relevant order number or tracking code;

6.2.3 Return the products, enclosing the pre-filled return form, within the aforementioned period of fifteen (15) business days to: Calze G.T. Srl - Via Walter Tobagi 17/19/21, 46040 Casaloldo (MN), Italy.

6.3 The shipment must be checked immediately upon delivery. If there are any irregularities with your order once the products have been delivered, you must note the nature of the potential discrepancy (e.g. open packaging, damaged items, etc.) in the appropriate section of the return request

6.4 The right of cancellation is subject to the following conditions:

  • The products must not have been used, worn or damaged, and must be returned intact and in their original packaging at the Customer's expense;
  • Returns will not be accepted and the purchase prices for the items will not be refunded if the returned products are found to have been opened or worn, or are not contained in their original packaging;
  • Refunds will not be provided for any products that smell of smoke, perfume, lotions or clothing detergents;
  • The items being returned must be sent in their original packaging using thick and durable cardboard packing materials (not an envelope). Any failures to comply will result in the application of a 15% restocking fee.

6.5 Upon receiving the returned item(s), the seller will verify their integrity and, at its sole discretion, will determine whether or not the retuned products are in their original condition.

6.6 The seller shall not be held responsible in the event of the loss, incorrect or late delivery of the items being returned.

6.7 The right of cancellation may not be exercised in the event of tailor-made products.

6.8 The customer shall bear all costs for returning the product and may use the shipping method deemed most suitable.

6.9 Refund  - If the customer should decide to request a refund, the company will make every commercially reasonable effort to ensure that the refund is carried out within fourteen (14) business days of receiving the returned items. In this case, the company guarantees that the original purchase price of the items will be fully refunded, including any shipping fees charged.
If the customer is only requesting a refund for a part of the order (partial return), the shipping charges, if incurred, will not be refunded.
Refunds will be made by reversing the debit transaction (if paying by credit card, PayPal or Scalapay) or by bank transfer (if paying by bank transfer in advance). In the latter case, the consumer will be responsible for providing the bank account information to which the refund must be sent (IBAN number and account holder name).
If the customer makes a return for refund under false pretences, the seller reserves all rights not to proceed with the refund.

 

6.10 Replacement - Product replacements are not available. In case of return, only the full amount paid will be reimbursed (except for additional costs for cash on delivery). Therefore, replacement with other models, sizes or colours is not possible. In this case you will have to place a new order.

 

6.11 Delivery rejected - Purchases rejected at the time of delivery will be refunded, minus shipping costs and a 10% restocking fee.

 

  1. EXEMPTION FROM LIABILITY

7.1 The seller shall not be held liable, under any circumstances, for any special, indirect, consequential or incidental damages of any kind resulting from product defects or failures, the violation of any express or implied warranties, breach of contract, illicit activities (including negligence), or product liability (whether in the strict sense or otherwise), even if the seller has been informed of the possibility of such damages. Since certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the limitation cited above may not apply to the specific user.

7.2 Notwithstanding any other provisions contained herein, the seller's total liability in relation to the products, whether by contract, warranty, illicit activity (including negligence), product liability (whether in the strict sense or otherwise), shall not, under any circumstances, exceed the actual amount paid by the user for the products resulting in the liability in question.

 

  1. FORCE MAJEURE

The seller shall bear no responsibility for any damages resulting from delayed product deliveries or the failure to provide immediate notice in the event that the delays in question are due to force majeure, acts on the part of the buyer, acts on the part of the civil or military authorities, wars, riots, organized labour actions, the unavailability of materials and/or any other causes beyond the company's reasonable control. The anticipated delivery date shall be understood as extended for a period of time equal to the time lost due to the delay justified under this provision.

  1. PRIVACY

You can obtain information on how we process your personal data by accessing the Privacy Policy section.

  1. INTELLECTUAL PROPERTY

10.1 The Website is the exclusive property of the seller, as is any information and material contained therein. Any distribution, publication, transmission, modification, sale, and/or total or partial reproduction of the information and material contained on this website by any means (with the exception of that which is expressly foreseen herein) is to be considered strictly prohibited.

10.2 The “Relaxsan”, “RelaxMaternity”, “FarmaCell” and “Yaluronica” trademarks, as well as all other registered or unregistered trademarks and logos displayed on the website and the domain name www.relaxsanshop.it, are and remain the exclusive property of the seller. Any use of these trademarks for any purpose without the prior express consent of the manufacturer is to be considered strictly prohibited.

10.3 It is not permitted to remove or alter any copyrights, trademarks or other proprietary notices contained on the website or in its contents. It is possible to access or view the content of the website on a computer or another device and to make single copies of the web pages published on the website for private, personal or non-commercial use, provided that each copy of the web pages contain all the copyright and other protection notifications contained on the website itself.

  1. EXTERNAL CONNECTIONS

The website may contain links to third party websites that are not directly utilized or controlled by the manufacturer or seller. These links provide access to websites operated by third parties, and the manufacturer or seller shall bear no express or implicit responsibility for their contents or the products or services offered by the same. The user hereby acknowledges and agrees that the company shall not be held responsible for any information, contents, products, services, advertisements, codes or other materials that may or may not be provided by such third party websites. It is only permitted to provide a link to the website where expressly authorized in writing by the manufacturer.

  1. LIMITATION OF LIABILITY

The seller shall not be held liable to the users or any other third parties for any direct, incidental, special or consequential damages, including but without limitation, the loss of products or other intangible losses arising from or relating to the use or inability to use the website, even if the company has provided information regarding the possibility of such damages.

  1. WARRANTY EXEMPTION

13.1 The seller does not warrant or guarantee that the website is free of viruses or other harmful material, or that the information contained on the website is accurate, complete or up to date.

13.2 It is not guaranteed that the website or the services, content, features or materials provided by the website will be accurate, secure, constant or free of errors, or that any such defects can be corrected.

13.3 The website and the contents are furnished in the manner that they appear and are rendered available. The seller cannot issue guarantees of any kind, whether express or implied, with respect to the website.

  1. APPLICABLE LAW, JURISDICTION

This agreement, the "terms and conditions of sale" and the "terms and conditions of use of the website" are governed by Italian law, regardless of any disputes that may arise or choice of legal provisions. The user hereby acknowledges and agrees that any disputes that may arise will be settled in Italy and that the courts of law located in Italy will have complete jurisdiction over this agreement and the user.

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