General terms and conditions of sale

GENERAL CONDITIONS OF SALE
(“Conditions”)

1. Tradition and Innovation. Farmacon S.a.s. (“Farmacon”) is a family-owned laboratory, specializing in the production and sale of dermocosmetics for sensitive skin and medical devices (“Products/Or). For over 40 years, Farmacon has embarked on a project of reliable, serious and natural cosmetics, with the aim of creating cutting-edge Products of extreme quality and proven effectiveness. Products can be purchased on the ecommerce platform (“Online Store”) uploaded to Farmacon’s website, which can be reached at the URL https://www.farmacon.it/ (“Site”)
2. Your Wellness (Service Recipients). THE ONLINE STORE TARGETS END CONSUMERS (B2C SALES CHANNEL, “CONSUMER(S)”). SUBJECTS EQUIPPED WITH A VAT NUMBER (“PROFESSIONALS/A”), MAY CONTACT FARMACON AT THE EMAIL ADDRESS INFO@FARMACON.IT OR REQUEST ACCESS TO THE ONLINE SHOP DEDICATED TO B2B, “PROFESSIONALS/A) VISIBLE UNDER THE RESERVED AREA BY ENTERING A DEDICATED PASSWORD (Professionals and Consumers are hereinafter also referred to as “Customer(s)”) In view of the nature of the Products and the use for which they are intended, Customers who have doubts about the choice and properties of the Products are advised to (i) review the FAQs on the Site, and/or (ii) contact Farmacon, prior to purchase, to seek advice and be guided in selecting the Products best suited to their needs.
3. Our Agreement (Scope and Contract Documents). The CONDITIONS – published, viewable and downloadable from the Online Shop – APPLY TO ALL PURCHASING CONTRACTS CONCLUDED BY CUSTOMERS THROUGH THE ONLINE SHOP OR THROUGH THE ELECTRONIC CORRESPONDENCE EXCHANGE (“Contract(s)”), with precedence over any other agreement. Each Contract shall therefore be deemed to be governed (i) the Terms and (ii) the order placed by means of the Online Shop or by sending email (“Order”), if and as confirmed by Farmacon (“Order Confirmation”).
4. Personal Data Regarding the rules on the processing of personal data, please refer to the Privacy Policy and Cookie Policy posted on the Online Shop, respectively.
5. Sending and confirmation of the Order for Consumers and Professionals. Conclusion of the Contract. A. After registering on the Site, the Consumer places the Order in the Online Shop by: (i) choosing the available Products and adding them to the virtual shopping cart, (ii) selecting the preferred delivery method and (iii) making the payment of the price (including taxes, delivery charges) in the manner provided by the Online Shop. B. The Professional sends the Order by email to Farmacon, it being understood that the individual placing the Order binds the legal entity for which he/she is acting. C. The Contract shall be deemed concluded when Farmacon sends the Order Confirmation to the Customer.
6. Shipping and Delivery. A. Unless otherwise stated in the Order Confirmation, THE SHIPPING OF PRODUCTS WILL TAKE PLACE ONCE PAYMENT HAS BEEN RECEIVED, WITHIN THE TIMES INDICATED IN THE ONLINE SHOP (NORMALLY WITHIN FIVE WORKING DAYS FROM PAYMENT), ACCORDING TO THE TYPE OF SHIPPING CHOSEN BY CUSTOMER. n any case, the delivery times indicated on the Site or different ones communicated to the Customer by Farmacon or the courier are indicative. FARMACON IS NOT RESPONSIBLE FOR ANY DELAYS IN DELIVERY.
7. Risk for loss and damage upon delivery. The risk of loss of or damage to the Products during transport is i) always borne by the Professionals pursuant to article 1510, paragraph II, of the Civil Code; (ii) borne by Consumers, in the sole case in which the choice of carrier was made by the latter, pursuant to article 63, paragraph II, Consumer Code, (iii) borne by Farmacon in the case in which the transport intended for Consumers was organized by the same, pursuant to article 63, paragraph I, Consumer Code.
8. Exclusion of the right of withdrawal. Given the nature of the Products and the way in which they are used, for reasons of hygiene and related to the protection of health, in accordance with paragraph e) of Article 59 of the Consumer Code, WITHDRAWAL IS EXCLUDED WHEN THE SEALED PRODUCT HAS BEEN OPENED BY THE CUSTOMER.
9. Cases in which withdrawal is exercisable. Effects. Notwithstanding the foregoing, the Consumer MAY EXERCISE WITHDRAWAL ON THE PURCHASE OF PRODUCTS WITHIN 14 (FOURTEEN) DAYS FROM DELIVERY, BY SENDING NOTICE TO FARMACON FOLLOWING THE INSTRUCTIONS PUBLISHED ON THE SITE. A Consumer who exercises his or her withdrawal within the aforementioned period: (i) RETURNS THE PRODUCTS AT HIS OWN EXPENSES TO FARMACON WITHIN 14 (FOURTEEN) DAYS OF THE NOTICE OF FARMACON; (ii) SUBSERVES IN FULL THE RETURN COSTS OF THE PRODUCTS SUBJECT TO WITHDRAWAL; and RETURNS THE INTEGRATED, UNOPENED PRODUCTS IN THE ORIGINAL PACKAGING, complete with packaging and documentation. If (i) Farmacon has received the Products and has been able to verify that all of the above conditions have been met and (ii) the Consumer has complied with the above obligations, PHARMACON WILL PROCEDURE A REFUND OF THE PRICE PAID FOR THE PURCHASE OF THE PRODUCTS SUBJECT TO WITHDRAWAL within 14 (fourteen) days of receipt – by Farmacon – of the returned Products, using the same method of payment chosen by the Consumer for the purchase. The refund does not include the costs of delivery and return of the Products, which remain the responsibility of the Consumer.
10. Warranty. A. Farmacon warrants that the Products are free from defects and/or faults in their preparation and components and that their packaging, wrapping and labels affixed to them and their storage, at the time of delivery, ARE IN COMPLIANCE WITH THE HEALTH, TECHNICAL AND SAFETY REGULATIONS AND STANDARDS APPLICABLE UNDER ITALIAN AND EUROPEAN UNION LAW. Any warranty in connection with defects and/or non-conformities that may arise in connection with and as a result of improper use, not in accordance with the directions or instructions for use or inadequate or otherwise negligent, careless and impervious storage is expressly excluded, taking into account the nature and characteristics of the Products (“Warranty”). The Customer is obliged to verify, at the time of delivery, the integrity of the packaging and compliance with respect to the Order IN CASE OF NON-INTEGRITY OR NON-CONFORMITY, FARMACON WILL REPLACE THE PRODUCT OR ISSUE A VOUCHER TO THE CUSTOMER.
11. Duration of Warranty, Limits and Remedies. In favor of the Consumer, Farmacon ensures the warranty provided by the Consumer Code (Articles 128 et seq.) for defects and/or faults in the Products for the period of 24 (twenty-four) months from delivery, provided that this is possible and compatible with the nature of the Products. In particular, without prejudice to cases of non-conformity found at the time of delivery, for reasons of hygiene and safety, THE CONSUMER’S WARRANTY WITH RESPECT TO THE PRODUCTS CANNOT BE VALIDATED BEYOND THE FOLLOWING TIME LIMITS, EVEN IF LESS THAN 24 (TWENTY-FOUR) MONTHS FROM DELIVERY (“LIMITS”): (I) THE EXPIRATION DATE OR THE DATE BY WHICH THE PRODUCT MUST BE USED (“PREFERABLY USE BY”), INDICATED ON THE PRODUCT PACKAGING ALSO BY PITTOGRAMS and, in each case (II) FOR COSMETICS, AFTER OPENING, ONCE THE PAO (PERIOD AFTER OPENING) SPECIFIED ON THE PRODUCT AND/OR ON THE PACKAGE ALSO BY THE APPROPRIATE PITTOGRAMS has elapsed. Notwithstanding the foregoing Limits, a Consumer who intends to assert defects/defects in the Products must promptly notify Farmacon by email who, once it has assessed the existence of the claimed defects/defects, will send the Consumer instructions for the return of the Product without cost and for replacement or other remedy available.
12. Time Limits for Reporting. The DEADLINE FOR CLAIMING flaws and/or defects and/or non-conformity of the Products is: (i) FOR CONSUMERS, OF 2 (TWO) MONTHS FROM DISCOVERY, pursuant to Article 132 of the Consumer Code; (ii) FOR PROFESSIONALS, OF 8 (EIGHT) DAYS FROM DISCOVERY, IN THE CASE OF OCCLAIM VIOLATIONS, OR FROM DELIVERY, IN THE CASE OF APPARENT VIOLATIONS, pursuant to Articles 1490 et seq. of the Civil Code.
13. Platform of ODR. Complaint Submission. Any disputes arising between the Consumer and Farmacon may be resolved out of court using the service accessible from the new ODR platform, established by Regulation (EU) No. 524/2013. 524/2013. The Consumer who has purchased on the Online Shop may file a complaint by completing an electronic form available in the official languages of the European Union, which can be found at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT. In any case, the court of residence or domicile of the Consumer shall have jurisdiction over any dispute between the Consumer and Farmacon.
14. Forum of the Professional. For all disputes arising from the Contracts between the Professional and Farmacon, the Court of Lucca shall have exclusive jurisdiction.
15. Invitation. Farmacon undertakes, in any case, to seek an amicable settlement of the dispute and invites Clients, before availing themselves of the judicial and extrajudicial means provided above, to send an email to the following email address: INFO@FARMACON.IT.