Terms of service

GENERAL TERMS AND CONDITIONS

The present general conditions regulate the online sale of products of FD srl, with registered office in via San Giovanni 6, I-39034 Dobbiaco (BZ), distinguished by the brand name FD Dolomites, on the computer platform created by FD Srl and on the website www.fddolomites.it (hereinafter referred to as "the Site").
Please read carefully and accept these general conditions (hereinafter "General Conditions") before completing your order.

Art. 1. Premises and scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (art. 45 and following) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, containing the discipline of electronic commerce.

1.2 The General Conditions apply to all sales made by FD Srl (in short "FD") on the Site. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions may be modified at any time. Any amendments and/or new conditions will be in force as soon as they are published on the Site. You are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Terms and Conditions before making any purchase.

1.4 The General Conditions applicable are those in force on the date the purchase order is sent.

1.5 These General Conditions do not regulate the sale of products and/or services by parties other than FD which may be present on the Site through links, banners or other hypertext links. Before making commercial transactions with such parties, it is necessary to check their conditions of sale. FD is not responsible for the provision of services and/or the sale of products by such parties. FD does not perform any control and/or monitoring on the websites that can be consulted through such links. Therefore, FD is not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by such sites.

1.6 You are invited to carefully read these General Conditions as well as all other information that FD provides on the Site, including during the purchase procedure.

1.7 The submission of the purchase order constitutes acceptance of these General Conditions.

 

Art. 2. Online Purchases
2.1 Purchases on the Site

• may be made after registration on the Site
• is permitted both to users in the capacity of consumers and to users in the capacity of professionals. Pursuant to Article 3, paragraph I, lett. a) of the Consumer Code, the status of consumer is held by the natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity carried out (hereinafter the "Consumer"); whereas pursuant to Article 3, paragraph I, lett. c) of the Consumer Code, the status of professional is held by the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary.

2.2 The presentation of products on the Site does not constitute a binding offer by FD to enter into a contract of sale. FD reserves the right to refuse or cancel orders which come:

• from a user with whom FD has a dispute in progress
• by a user who has previously violated the general conditions of sale
• from a user who has provided false, incomplete, or in any case inaccurate identification data, or who has not sent FD the documents requested by FD in a timely manner, or who has sent it invalid documents
• in the case of orders, whoever they come from, which are anomalous in relation to the quantity and/or frequency of purchases
• if there is a suspicion of professional resale of the goods by the user.

Art. 3. Registration on the Site
3.1 To register on the Site, you must fill in the appropriate form, entering the following data

first name
surname
email
address
telephone

3.2 You agree to inform FD immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
3.3 The user registered to the Site warrants that the personal information provided by him/her is complete and truthful, and agrees to hold FD harmless and indemnified from any damage, compensation obligation, and/or penalty arising from and/or in any way related to the violation by the user of the rules on registration to the Site or on the storage of registration credentials and/or from the provision of false, incomplete, or otherwise inaccurate personal data, without prejudice to the right of FD to proceed to disable the user's account.
 

Art. 4. Information directed to the conclusion of the Contract
4.1 In compliance with Legislative Decree 9 April 2003, no. 70, containing provisions on electronic commerce, FD informs you that

• in order to conclude a purchase contract on the Site, you must fill in an order form in electronic format and send it electronically, following the instructions that will appear on the Site from time to time
• the contract is concluded when the order form reaches the FD server.
• once the order form is received, FD will send you an order confirmation to the e-mail address indicated, containing

o information relating to the characteristics of the purchase

o indication of the price

o indication of the means of payment used

o an indication of the delivery costs and any additional costs

o information on the right of withdrawal

Art. 5. Alcoholic Products
5.1 FD does not sell alcoholic products to persons under the age of 18. Therefore, in compliance with the laws in force regarding the purchase of alcoholic products, FD will not process orders from persons who are not within the legal age limits for the purchase of alcoholic products.
5.2 You are responsible for the truthfulness of the information provided and the data transmitted to FD for the purchase of products.

Art. 6. Prices
6.1 All product prices published on the Site are inclusive of value added tax.
6.2 In the event of price variations, the price charged to you shall be the one indicated on the Site at the time the order is placed and any variations (upwards or downwards) following the transmission of the order shall not be taken into account.
6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.

The following shipping costs shall apply

Italy: 3.50 Euro (applies for payment by credit card, bank transfer or paypal)
EU: 7.50 Euro (valid for payment by credit card, bank transfer or paypal)

Italy: For orders over 69.50 Euro, shipping costs are free of charge.
Delivery is usually within 3 working days.
EU: For orders over 69.50 Euro, shipping costs are free.

Delivery is expected in 5-9 working days.

Art. 7. Purchase Orders
7.1 FD will ship the products only after receiving confirmation of the payment authorization or after the amount due has been credited. The ownership of the Products will be transferred to you upon delivery of the Products to the carrier. The risk of loss of or damage to the Products, for causes not attributable to FD, on the other hand, will be transferred to you when you, or a third party designated by you and different from the carrier, materially take possession of the products ordered.
7.2 The purchase contract is rescinded subject to non-payment of the amount due. Unless otherwise agreed in writing with you, the order shall be cancelled accordingly.
7.3 In order to send a purchase order, you must read and approve these General Conditions by checking the appropriate box on the purchase procedure pages. Failure to accept these General Conditions shall result in the impossibility of making purchases on the Site.

Art. 8. Methods of payment
8.1 The following payment methods are permitted on the Site:

• Credit Card
• PayPal
• Bank transfer in advance to the account in the name of FD Srl at Cassa Raiffeisen Dobbiaco (BZ) IBAN: EN 72 C 08080 58360 000300004189

Please use the order ID as reason for payment. The order will not be shipped until the funds have been transferred to the above account.

8.2 FD accepts credit cards of the following circuits:

• VISA
• MasterCard (Cirrus Maestro)
• Apple Pay
• American Express
• Pay Pal
• They are, in any case, indicated in the footer of the Site.

On the Website, you have the option of authorising the storage of the payment card data you have entered and their re-use for the payment of subsequent purchases on the Website. You may revoke the authorisation to re-use the payment card data for subsequent purchases by following the instructions on the Site.

The debit will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorisation.

You may be asked to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Site at the time of the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Site.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by FD. The latter never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used for the payment of the Products.

The charge will be made at the time the order is transmitted.

8.3 You can also make purchases on the Site using the PayPal and Apple Pay payment solutions. If you choose PayPal or Apple Pay as payment method, you will be redirected to the respective site where you will make the payment according to the procedure provided for and regulated therein and to the terms and conditions agreed between you and PayPal or Apple Pay. The data entered on the PayPal and Apple Pay site will be processed directly by the same and will not be transmitted or shared with FD. The latter is therefore not in a position to know and does not store in any way the data of the payment card linked to your PayPal or Apple Pay account or the data of any other payment instrument connected with such accounts.

In the case of payment by PayPal or Apple Pay, the amount due to you will be debited by PayPal or Apple Pay at the same time as the contract is concluded through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the amount due to you shall be credited to your PayPal or Apple Pay account. The timing of the crediting to the payment instrument linked to such account depends solely on PayPal or Apple Pay and the banking system. Once the crediting order has been placed in favour of such account, the Seller shall not be liable for any delay or omission in crediting the refund amount, to dispute which you should contact PayPal or Apple Pay directly. Any refund to be made pursuant to these Terms and Conditions shall be credited to your PayPal or Apple Pay account.

8.4 If you choose bank transfer as the method of payment, please indicate the following data in the reason for the bank transfer

• the order reference number - (order ID)
• the first and last name of the order holder, if different from the account holder from which the transfer originates.

You must arrange payment within 14 working days after placing the order to the following IBAN: IT 72 C 08080 58360 000300004189 at Cassa Raiffeisen Dobbiaco

Your order shall not be dispatched until the price has been credited to the account specified in these General Terms and Conditions. If the price is not collected within the above-mentioned period of 14 days, FD reserves the right to cancel the order.

In the event of payment by bank transfer, the delivery time of the product indicated will start from the date of receipt of the transfer by FD and not from the date of transmission of the order, as is the case if you choose other methods of payment.

Art. 9. Delivery of Products
9.1 Deliveries of the purchased products are made: in Italy, Austria, Germany, Belgium, Luxembourg, France, the Netherlands, Spain and England.
The delivery obligation is fulfilled by transferring the material availability of the control of the product to you.
9.2 The shipping costs are indicated from time to time on the Site and/or in the product sheet.
9.3 Starting from the date the order is sent, the products shall be delivered within 3 days in Italy and within 5 to 9 days in other countries, in any case, no later than 14 days from the date the contract is concluded.
9.4 It is up to you to check the condition of the delivered product. Without prejudice to the fact that the risk of loss or damage of the product, due to causes not attributable to FD is transferred when you, or a third party designated by you and different from the carrier, materially takes possession of the product, FD recommends you to check the number of products received, the integrity of the packaging and invites you, in your interest, to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, you should promptly notify FD. This is without prejudice, in any case, to the possible application of the rules on the right of withdrawal and the legal guarantee of conformity.
9.5 You have the option of collecting the product from a pick-up point, according to the options and methods available on the site and/or during the purchase process, provided that this method is available for the product you have selected. You will be promptly notified when the product is ready to be picked up at the pick-up point of your choice. You have 14 days from this notification to collect the product from the pick-up point. Unless otherwise agreed, if you fail to fulfil this obligation, the purchase contract shall be deemed to be rescinded pursuant to and for the purposes of Article 1456 of the Civil Code. As a result of termination, the order will be cancelled and FD will proceed to refund the amount paid by you, minus shipping costs. The mere failure to collect the product cannot be understood as an exercise of the right of withdrawal, if any, and will not entitle you to a full refund of the amount paid for the purchase of the product.

Art. 10. Right of Withdrawal
10.1 Pursuant to Article 5 of the Consumer Code, you have the right to withdraw from the contract, without giving any reasons, within 14 days from the day on which you or the third party, indicated by you as the recipient, acquires physical possession of the products ordered.

In order to exercise the right of withdrawal, you must inform FD by means of an explicit declaration of your decision to withdraw from the contract. This declaration must be sent by letter sent by post, fax or e-mail to one of the following addresses

FD srl/ Pharmacy Dobbiaco/FD Dolomites
via San Giovanni 6
39034 Toblach (I)

email: info@farmaciadobbiaco.it

Fax: +39 0474 973824

Facsimile of the declaration of withdrawal:

I/We (name of Consumer) hereby give notice of withdrawal from my/our contract of purchase of the following products:

Ordered on: Received on:

Address of Consumer(s)

Signature of the Consumer(s) (only if this form is sent in paper form)

In the event of withdrawal on your part, we shall promptly send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the end of the withdrawal period. Please note that since the burden of proof concerning the exercise of the right of withdrawal before the expiry of the withdrawal period lies with you, it is in your interest to use a durable medium when communicating your withdrawal to FD.

10.2 Customers who purchase with a VAT number and persons who are not Consumers pursuant to the Consumer Code may not exercise the right of withdrawal.
10.3 The right of withdrawal is excluded in relation to the cases specified in Article 52 of the Consumer Code. With reference to the products sold by FD, the following exclusions may apply

- the supply of custom-made or clearly personalized goods

- the supply of goods which are liable to deteriorate or expire rapidly;

- the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery;

11.Effects of Withdrawal
11.1 If you, as a Consumer, withdraw from the purchase order of one or more products, you will be reimbursed for all payments made in favour of FD for this order, including delivery costs, without undue delay and in any case no later than 14 days from the day on which you returned the products, subject to the following provisions.
11.2 If you exercise the right of withdrawal, you must deliver or send the product by mail to the registered office of FD Srl, via San Giovanni 6 - 39034 Dobbiaco (I). In order to facilitate the delivery by you of the product to be returned, FD can arrange for its collection by courier at its own expense at the place where the original shipment took place. Delivery of the product must be made within 14 days from the communication of withdrawal by you.
11.3 You shall only be liable for any decrease in the value of the goods resulting from handling the product other than what is necessary to establish the nature, characteristics and functioning of the product. In any case, the product shall be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the product and intact and not tampered with, as well as perfectly suitable for its intended use and without signs of wear or dirt. Moreover, the withdrawal applies to the product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the product.
11.4 In the event that the product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the product, FD reserves the right not to accept its return. FD will notify you of the occurrence of such hypotheses within 7 days from receipt of the Product, providing, if the refund of the price has already been paid, the bank details for payment of the amount due.
11.5 In the event that, according to the applicable legislation, withdrawal does not apply or has not been exercised accordingly, you will not be entitled to any refund. FD will notify you within 7 (working) days from receipt of the product, rejecting the withdrawal request. The product will remain with FD available for collection, which must take place at your expense and under your responsibility.
11.6 In the event of partial withdrawal, i.e. from one or more products within the same order, you will not be reimbursed for the delivery costs incurred by you.
11.7 The reimbursement will be made using the same means by which payment was arranged on your part. The refund will be made within 7 days of receipt of the returned products.

Art. 12. legal warranty for consumers and other remedies
12.1 All products sold on the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code, if the purchaser qualifies as a Consumer pursuant to Article 3, paragraph 1, letter a). It therefore only applies to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. With regard to parties other than consumers, the provisions of the Consumer Code in Articles 1490 and following of the Civil Code apply.
12.2 FD is liable towards the Consumer for any lack of conformity of the Product and which becomes apparent within two years from such delivery. The conformity defect must be reported to FD, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless there is proof to the contrary, it shall be assumed that the lack of conformity which becomes apparent within six months after delivery of the product already existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the lack of conformity. As from the seventh month following delivery of the product, it shall instead be the consumer's burden to prove that the conformity defect already existed at the time of delivery of the product.
12.3 In order to be able to benefit from the legal guarantee, the Consumer shall therefore first of all provide proof of the date of purchase and delivery of the goods. It is advisable, therefore, that the Consumer, for the purpose of such proof, keeps the purchase invoice or any other document which can certify the date of the purchase (for example the payment card statement) and the date of delivery.
FD shall not be liable in case of damage, of any nature whatsoever, resulting from the use of the product in an improper manner and/or not in accordance with the instructions provided, as well as in case of damage resulting from unforeseeable circumstances or force majeure.
12.4 In the event of a conformity defect, the Purchaser may request, free of charge (including shipping costs), the remedy of repair or replacement, at his choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other.

The remedy shall be deemed excessively onerous if it imposes unreasonable expenses on FD, taking into account:

-the value the goods would have if there were no lack of conformity;

-the extent of the lack of conformity;

-whether the alternative remedy can be effected without significant inconvenience to the consumer

1 2.5 Repairs or replacements shall be carried out within a reasonable period of time from the request and shall not cause significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which they were purchased.
12.6 The Consumer may, at his choice, demand a reasonable reduction in the price or termination of the agreement if one of the following situations occurs

- repair and replacement are impossible or excessively onerous;

- FD has not provided replacement within a reasonable period of time;

- the replacement or repair previously carried out has caused considerable inconvenience to the Consumer.

12.7 After the notification of the lack of conformity, FD may offer the Consumer any other remedy available, with the following effects

- if the Consumer has already requested a specific remedy, FD remains obliged to implement it, with the necessary consequences as regards the commencement of the appropriate period for repairs or replacements, unless the Consumer accepts the proposed alternative remedy;

- if the Consumer has not already requested a specific remedy, the Consumer shall accept the proposal or reject it by choosing another remedy provided for herein.

12.8 A lack of conformity of a minor nature, for which the remedies of repair or replacement could not or would be excessively onerous, shall not entitle the Consumer to rescind the agreement.
12.9 The legal guarantee is limited to purchases made by consumers.

Art. 13. Conventional Manufacturer's Warranty
13.1 The products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer. You may only enforce such a warranty against the manufacturer. The duration, extension, also territorial, conditions and modalities of use, the types of damages/defects covered and any limitations of the conventional warranty depend on the individual manufacturer. The contractual warranty is voluntary in nature and does not replace, limit or prejudice or exclude the legal warranty.
Art. 14. Complaints
For any complaints, including any claims of lack of conformity referred to in Art. 12, the Consumer may contact the pharmacy at the addresses indicated in these General Terms and Conditions.

Art. 15. Applicable Law and Competent Forum; Out-of-Court Settlement of Disputes – Alternative Dispute Resolution/Online Dispute Resolution
15.1 The sales contract between the user and DB is deemed concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution, or termination of these General Conditions or individual purchase orders, if the customer is a Consumer, the court of the place of his or her residence or domicile, if located in Italian territory, shall have exclusive jurisdiction; in all other cases, jurisdiction shall exclusively lie with the Court of Bolzano, excluding any other competent forum.
15.2 Pursuant to Art. 141-sexies, paragraph 3 of the Consumer Code, FD informs the Consumer user that, in the event that he or she has submitted a complaint, following which it has not been possible to resolve the arising dispute, he or she may refer to the Alternative Dispute Resolution bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded under these general conditions (ADR bodies, as indicated in Arts. 141-bis and following of the Consumer Code).
15.3 In connection with the above, FD also informs the user - Consumer that a European platform has been established for the online resolution of consumer disputes (known as the ODR platform). The ODR platform can be accessed at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, the Consumer user can consult the list of ADR bodies, find the link to each of their sites, and start an online dispute resolution procedure in which they are involved.
15.4 In any case, the right of the Consumer user to appeal to the competent ordinary judge for disputes arising from these General Conditions is preserved, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations through recourse to ADR procedures.