General conditions of Sale
. 1 General provisions
These General Conditions of Sale (hereinafter also just “Conditions”) apply to the sale of products with exclusive reference to purchases made on the website http://www.kolfarma.it/ (hereinafter also “The Site”) in accordance to 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) practiced by:
Kolfarma srl company headquarters: Via Brigata Bisagno 14/24, 16129 Genoa
registered with the REA number: 22669988 (hereinafter also just "The Seller")
The User and the Users, for the purposes of these Conditions, are natural persons of legal age according to the legislation applicable to them, who access the Site for the purpose of purchasing products marketed on the Site.
The sale of products on the Site is reserved for registered Users, as defined in these Conditions. Registration takes place in the manner regulated in these Conditions.
The purchase implies full and unconditional acceptance of these Conditions.
It is possible to use the Site and therefore access products supplied by it and purchase them in the following languages: Italian
These Conditions may be modified or supplemented at any time, without prejudice to the User's right of withdrawal as governed by these Conditions.
Any changes will be in force from the moment of their publication on the Site. The Conditions indicate the date of their update at the bottom. It is the User's responsibility to check the update date of the Conditions.
The applicable Conditions are those in force on the date of sending the purchase order.
The sales contract is considered concluded in Italy regardless of the User's nationality and the place where the purchase order is formulated.
The Conditions are governed by Italian law.
Professional Users can place purchase orders by sending them to the email address indicated on the Site. These Conditions do not apply to such orders, unless referred to.
. 2 Subject
These Conditions govern the sale by the Seller and the related purchase orders of the Users of products on the Site.
The Conditions do not concern and do not regulate, however, the provision of services or the sale of products by parties other than the Seller who are present on the same site via links, banners or other hyperlinks.
The object of the sale is food supplements based on alpha-lactoalumina.
The use of food supplements is subject to strict compliance with the warnings and instructions for use indicated in the booklet attached to each package.
. 3 Conclusion of the contract
To conclude the purchase contract, it is necessary to complete the "Cash in electronic format" form via the Site and send it following the relevant instructions on the Site.
It contains the reference to the Conditions, the images of each product and the relative price, the means of payment that can be used, the delivery methods of the purchased products and the related shipping and delivery costs, a reference to the conditions for the exercise of the right of withdrawal; methods and times for returning purchased products.
Before concluding the contract, you will be asked to confirm that you have read and accepted the Conditions including the Information on the right of withdrawal and the processing of personal data.
The contract is concluded when the Seller receives the payment from the Cashier, after verifying the correctness of the data contained therein.
The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will happen by clicking on the: Place order button at the end of the guided procedure.
The offers published on the Site are available for a limited period and in limited quantities.
The validity date of the offers is indicated on the Site.
The Seller will execute the purchase order only after receiving confirmation of the authorization to pay the total amount due.
The products will remain the property of the Seller until the purchase price and any expenses have been paid by the User.
The Seller reserves the right not to process particularly onerous orders or orders formulated by Users with whom disputes are pending or in relation to which the fulfillment of the order appears - in the opinion of the Seller - prejudicial to the interests of the Seller itself, potentially non-compliant with laws or regulations and in any case towards Users who, although they have successfully completed the registration procedure, have indicated inaccurate or incomplete data.
In such cases the price, if already collected, will be returned under the conditions and in the manner indicated in these Conditions.
When accessing the Site and placing purchase orders, Users declare that they are adults according to the legislation applicable to them.
. 4 Registered users
To become a User of the Site you must register on the Site, following the instructions provided.
The registration procedure is free. To register, the User must complete the registration form by entering their personal details and indicating an email address.
Registration is permitted only to consumer users who are natural persons who have reached the age of majority according to the law applicable to them. By consumers we mean natural persons who access the Site on an individual basis not in the exercise of a commercial or entrepreneurial activity.
Registration is subject to confirmation.
When completing the registration procedures, the User undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
Confirmation of personal data must be communicated within a maximum of 2 days 48 hours from the date of the registration request, after which, in the absence of confirmation, the procedure will be considered unsuccessful.
The confirmation will in any case exempt the Seller from any responsibility regarding the data provided by the User. The User undertakes to promptly inform the Seller of any change in his/her data communicated at any time.
If the User then communicates inaccurate or incomplete data or even if there is a dispute by the interested parties regarding the payments made, the Seller will have the right not to process the orders.
Upon the first request to activate a profile by the User, the Seller will assign the same User name and a password.
The User acknowledges that these identifiers constitute the system for validating the User's access to the Services and the only system suitable for identifying the User that the actions carried out through such access will be attributed to him and will have binding effect on him.
The User undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
The Site is written in Italian. Any other versions in other languages are for informational purposes only. In case of discrepancy between any different versions in other languages, the contents and meanings attributable according to the Italian language prevail.
Each User can register only once.
The Seller reserves the right to cancel the registrations of Users who have caused or may cause prejudice to the normal functioning of the Site and the regular management of orders, or made with incomplete, clearly inaccurate or false data. Registration may also be refused for the same reasons.
. 5 Product availability
Product availability refers to the actual availability at the time the buyer places the order. This availability must however 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 the order is confirmed.
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 corrected with the elimination of the unavailable product and the buyer will be immediately informed via e-mail. The order will be executed limited to the available products and the price of the product no longer available will be deducted from the price.
If none of the products ordered are physically available anymore, the order will be canceled and any price already paid will be refunded in the manner indicated in these Conditions (Withdrawal item).
. 6 Products offered
The Seller markets:
Food supplements. Dietary products.
The offer is detailed on the page http://www.kolfarma.it/cose-lalac/
. 7 Prices and payment methods
The price of the products may be changed without notice until the order is sent and confirmed.
The price charged on the Site may be different from that indicated on the product packaging.
Where an incorrect price has been indicated on the Site. In the event of an error and the Seller notices the error before executing the order, the Seller will notify the buyer as soon as possible to allow him to confirm the order at the correct price, right amount or canceling the order. In any case, there will be no obligation for the Seller to supply what is sold at the lower price incorrectly indicated.
The prices on the site include VAT and do not include shipping costs.
Payment can be made via: Paypal, Bank Transfer, Check, Cash on Delivery, Cash, Money Order, Credit Card. The accepted credit cards will be the following: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura, Discover, Carta Postepay, CartaSì
. 8 Delivery
The Seller ships to the following geographical areas: Italy.
Shipping costs are the responsibility of the buyer and are explicitly highlighted when placing the order.
The seller undertakes to do everything possible to make delivery by the date indicated on the Site or, if no delivery date is specified, within the deadline estimated at the time of selecting the delivery method and, in any case, within the deadline maximum of 5 days from the date of confirmation.
If it is not possible to make delivery, the products covered by the order will be sent to the Seller's warehouse. In this case, a notice will specify where the order is located and how to agree on a new delivery.
If he is unable to be present at the delivery location at the agreed time, the User is required to contact the Seller to agree on a new delivery date.
If delivery cannot take place for reasons not attributable to the Seller after 10 days from the date on which the order is available for delivery, the goods will remain stored in the warehouse for the following __2_ months at the User's expense.
In this case, the collection of the products will be the responsibility and expense of the User, at the warehouse.
Once this deadline has expired, the contract will be automatically terminated, the goods retained by the Seller and the sum paid will remain forfeited as a penalty.
. 9 Passing of risk
The risks relating to the products will pass to the buyer from the moment of delivery. Ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them is received, including shipping costs, or at the time of delivery, if this occurs at a later time.
. 10 Warranty and commercial compliance
The products offered on the Site comply with national and community legislation in force in Italy.
The description of the products offered on the Site is that which the suppliers, under their own responsibility, have communicated to the Seller. The images and colors of the products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to view them. The Seller is not responsible for the mismatch between the product ordered and the description of the product on the Site, in the event that the mismatch derives from errors in the description attributable to the supplier and of which the Seller was not and could not have been aware with the use of normal diligence.
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers.
In the event of a lack of conformity of the products purchased with respect to the description published on the Site, the User has the right to have the product replaced, without any additional expense, where this is possible in relation to the number of specimens still available for sale and unless the replacement are not excessively burdensome for the Seller in consideration of the value that the goods would have, if there were no lack of conformity, and the extent of this defect. Alternatively, the User has the right to terminate the contract or reduce the price, in accordance with the following provisions.
The Seller is responsible towards the consumer for any lack of conformity existing at the time of delivery of the product and which appears within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. In order to take advantage of the Legal Guarantee, the User must therefore provide proof of the date of purchase and delivery of the goods.
In case of termination of the contract, the Seller will return the price paid by the User, in addition to shipping costs and any additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction previously agreed with the User. In any case, the refund amount will be communicated to the User by email and credited to the payment method used by the User for the purchase. The User must agree with the Seller's Customer Service on the methods of shipping the goods.
Products modified or altered in any way by the User are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any defects caused by accidental events or by the User's responsibility or by use of the product that does not comply with its intended use and/or as provided in the technical documentation attached to the product, where existing. , or in the instructions for use relating to the same. The guarantee is personal and will therefore apply only to the original purchaser.
Under no circumstances may the Seller be held responsible for failure to fulfill any of the obligations deriving from these General Conditions in the event that the failure is caused by fortuitous circumstances and/or force majeure, including, purely for example, natural disasters, terrorist acts, network malfunctions and/or blackouts.
Under no circumstances will the Seller be liable for any liability connected and/or consequent, even indirectly, to the use of the products sold other than that for which they were produced and in breach of the warnings and instructions provided.
.11 Obligations and responsibilities of the Seller
The Seller undertakes to correct any errors that may be present in the description of the products offered on the Site, in the shortest time possible, starting from their reporting. Reporting of such errors can be made by contacting the Seller's Customer Service at the addresses indicated on the Site.
The Seller is not responsible in case of damage, of any nature, deriving from the use of the product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.
The Seller will not be responsible in the event of loss of revenues, profits, data or any other indirect damage of any nature arising from or in any case connected to the contracts subject to the Conditions.
The Seller's liability, in any case, cannot exceed the total value of the purchase order.
Under no circumstances may the Seller be held responsible for failure to fulfill any of the obligations deriving from the contracts subject to the General Conditions in the event that the failure is caused by fortuitous circumstances and/or force majeure, including, by way of example only, natural disasters, terrorist acts, network malfunctions and/or blackouts.
.12 Access to the Site and suspension of the functionality of the Site
The Seller reserves the right to temporarily suspend, without any prior communication, the operation of the sales offered on the Site for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the Services themselves.
The Seller may, at any time, interrupt the activity and operation of the Site if there are justified security reasons or violations of confidentiality, in this case notifying the User.
The Seller will do its best to ensure that access to the Site and the sales services is provided without interruptions and that transmissions occur without errors. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed. Furthermore, access to the Site may occasionally be suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services.
The Seller will not be liable for (i) losses which are not a result of the Seller's breach of these Conditions or (ii) for any loss of business opportunity (including lost profits, revenue, contracts, anticipated savings, data, goodwill or expenses unnecessarily incurred) or (iii) any other indirect or consequential loss that was not reasonably foreseeable, either by the Seller or by the User, at the time you started using the Site.
The Seller will not be responsible for any delay or failure to fulfill its obligations under these Conditions if the delay or failure arises from fortuitous circumstances or causes of force majeure.
. 13 Withdrawal
In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
The buyer who intends to exercise the right of withdrawal must communicate this to the Seller via written declaration, which may be sent by registered mail with return receipt or by e-mail to the address indicated on the Site.
The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to the withdrawal within a maximum period of 14 days, including any shipping costs.
The User must return the products exclusively to the following address [shipping address]
Only after returning the product and only after verifying the integrity of the goods will the Seller proceed with refunding the sums paid by the User.
The Seller will carry out the refund using the same payment method chosen by the buyer during the purchase phase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.
. 14 Data processing
By using the site the User authorizes the processing of his personal data. The data controller is the DATA PROCESSING OWNER. The data controller is Kolfarma srl with headquarters: Via Brigata Bisagno 14/24, 16129 Genoa – registered with the REA number: 22669988.
The data processing takes place exclusively electronically, using IT tools and supports designed to ensure the security and confidentiality of the data itself.
The stored information is protected from unauthorized access.
The data provided by Users relating to purchase orders, payments (which may contain name, address, contact details), IP address and all other data communicated are processed.
The purpose of using such data is the execution of the purchase order and payments, the communication of the data itself to third party suppliers of payment and shipping services as well as information contacts regarding the activities and services of the site, offers of a commercial nature from affiliated companies and commercial partners.
The provision of data and consent to processing for the purposes referred to in the contract or the fulfillment of the order and the related payment is necessary for the conclusion itself as well as for the execution of the contract therefore the refusal to provide such data or to provide consent to the relevant processing results in the impossibility for the User to purchase the products and services offered.
The provision of data and consent to processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to the related processing may result in the User being unable to receive such further services.
The User always has the right to have his data updated, rectified or integrated, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law including those whose retention is not necessary for the purposes for which the data were collected or subsequently processed, the attestation that the operations were brought to the attention, also with regard to their content, of those to whom the data were communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means that are manifestly disproportionate to the protected right.
The User has the right to object, in whole or in part, to the processing of personal data concerning him for legitimate reasons, even if pertinent to the purpose of the collection and processing of personal data concerning him for the purpose of sending advertising or sales material directly or for carrying out market research or commercial communication.
The User can also revoke at any time the consent to the processing of his/her data previously given to the Seller.
Requests should be sent to:
info@kolfarma.it.
On the first visit, the User will be invited to choose their language and will be offered the option to save their preferred language. To this end, the User authorizes the use of identification codes called cookies, i.e. small files sent from their internet server and recordable on the hard disk of the User's computer.
The hard drive collects information about the User's language preference and stores the pages of the site visited. Cookies are used to prevent the User from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the User's browser type.
. 15 Safeguard clause
In the event that one of the clauses of these Conditions is void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these Conditions.
. 16 Contacts
Any request for information can be sent by email to the following address info@kolfarma.it by telephone to the following address TELEPHONE by post to the following address:
Via Brigata Bisagno 14/24 – 16129 Genoa (Italy)
. 17 Applicable law and competent court
These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any different mandatory rules prevailing in the country of habitual residence of the buyer. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent thereto must be resolved exclusively by the Italian jurisdictional authority. The European Commission provides a platform for online dispute resolution, which can be accessed via this link: http://ec.europa.eu/consumers/odr/.
These conditions were drawn up on 01/08/2017