The Delivery of the Products is effectuated in the territory of Italy and of the European Union.
The Products will be delivered to the shipping address indicated by the User in the relevant order form (“Home Delivery”). The User may select one of the Delivery of the Products options at the time of check-out, on the “Select the Delivery Method” page. The User who chooses Home Delivery must enter in the order form a shipping address that is located in the areas covered by the delivery service. Orders that contain an indication of a shipping address located in an Uncovered Area will be cancelled pursuant to and for the purposes of Article 1456 of the Italian Civil Code, with consequent reimbursement of the Total Amount Due, if already paid, in the manner and time referred to in Article 7.4 above. The repayment term will start from the date of the termination of the contract.
At the time of Shipment, the User will be sent an email confirming the delivery of the Products to the carrier (“Shipment Confirmation Email”). Farmaceutici Dott. Ciccarelli S.p.A. reserves the right to modify the costs of the Delivery of the Products at any time, without notice, it being understood that the costs of the delivery of the Products charged to the User will be the those indicated in the order summary before the User is bound by contract and the order is transmitted. Any increasing or decreasing price variations subsequent to such transmission shall not be taken into account. The carrier will send the User an email with the tracking number and/or link to track the Shipment.
The Delivery of the Products is subject to a fee. The costs of the Delivery of the Products are charged to the User, unless otherwise indicated in the Product Sheet or in other parts of the Site. The specific amount of the costs of the Delivery of the Products owed by the User in relation to a specific order will be expressly and separately indicated (in Euros and including VAT) in the order summary, and, in any case, before the User proceeds to transmit the order, as well as in the order confirmation email.
In the event of partial withdrawal from Multiple Orders and/or partial termination, for any reason, of the purchase contract relating to Multiple Orders, the delivery costs of the Products will not be reimbursed, since their amount does not depend on the number of Products covered by the order or their weight. In case of partial withdrawal from Multiple Orders and/or partial resolution of the purchase contract relating to Multiple Orders, for reasons not attributable to Farmaceutici Dott. Ciccarelli S.p.A., if, as a result of the withdrawal or partial termination, the Total Amount Due should fall below the threshold which, if applicable, allowed the User to take advantage of free shipping, the shipping costs, as shown on the page “Deliveries and Limitations”, accessible via the link of the same name in the footer of the Site and in the Product Sheet, will be charged to the User, and, consequently, subtracted from the refund amount.
- A) Home Delivery
Home Delivery refers to the street level, unless otherwise specified in the Product Sheet. Home Delivery is effectuated from Monday to Friday during normal office hours (9 am to 6 pm), excluding national holidays.
The User acknowledges that the acceptance of the Product is a specific obligation arising from the purchase contract. In case of failure to make the Home Delivery due to the absence of the recipient at the address specified in the order form, the courier will make a second delivery attempt the following day. If this attempt is unsuccessful, the package will be placed “in storage” with the courier. The User should monitor their shipment using the tracking number provided and contact the courier’s Customer Service in order to obtain all the information necessary to collect the package at the storage branch or to arrange a new delivery. In the event that the User does not collect the package at the courier’s branch within 5 days, the purchase contract will be considered terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code with consequent reimbursement, within 15 working days from the termination of the contract, in the manner set out in Article 7.4 above, of the Total Amount Due, if already paid, less the unsuccessful delivery costs, storage costs, return costs to Farmaceutici Dott. Ciccarelli S.p.A. and any other expenses incurred due to the non-delivery attributable to the absence of the recipient. The delivery procedure, the handling terms in case of non-delivery due to the absence of the recipient and the consequences of failure to accept the delivery within the agreed terms and of the return to the sender in case of non-delivery will be communicated to the User in the Shipping Confirmation Email.
In the case of Multiple Orders whose Products must be delivered separately, the procedure referred to in Article 12.7 above will be applied independently to each delivery, with the consequence that failure to accept delivery of the Product(s) within the indicated term shall not result in the termination of the entire contract, but only partial termination in regard to the Product(s) whose delivery has not been accepted. Consequently, the amount that will be reimbursed to the User, if already paid, will not be the Total Amount Due but exclusively the amount due in relation to the Product(s) whose delivery has not been accepted, less the costs of the unsuccessful delivery, calculated as indicated in Article 12.4 above, the storage costs, the return costs to Farmaceutici Dott. Ciccarelli S.p.A. and any other expenses incurred due to the non-delivery attributable to the absence of the recipient.
During the purchase process, before the User submits the order, the terms within which Farmaceutici Dott. Ciccarelli S.p.A. undertakes to perform the Delivery of the Products of the User’s order will be indicated, and will take into account, in addition to the area and the method of delivery, also the possibility that the user purchases multiple Products in the same order. The delivery time shall start from the working day following the conclusion of the contract (i.e. the transmission of the order), unless otherwise indicated. The delivery time for the specific order will also be indicated in the order confirmation. In the event of any failure to indicate the delivery time, it shall, in any case, take place within thirty days from the day following the conclusion of the contract. The delivery obligation shall be deemed fulfilled on transferral of material availability or, in any case, control of the Products to the user.
In the event that the purchased Products are not delivered or are delivered late with respect to the delivery time indicated during the purchase process and in the order confirmation, the User, pursuant to Article 61 of the Consumer Code, may invite Farmaceutici Dott. Ciccarelli S.p.A. to make the delivery within an Additional Delivery Time appropriate to the circumstances (“Additional Delivery Time pursuant to Article 61, Paragraph III, of the Consumer Code”). Should this Additional Delivery Time expires without the Products having been delivered, the User is entitled to terminate the contract (“Termination of the Contract pursuant to Article 61, Paragraph III, of the Consumer Code”), without prejudice to the right to any compensation for damages. The User is not obliged to grant Farmaceutici Dott. Ciccarelli S.p.A. the Additional Delivery Time pursuant to Article 61, Paragraph III, of the Consumer Code (“Excluded Cases”) if: a) Farmaceutici Dott. Ciccarelli S.p.A. has expressly refused to deliver the Products; b) compliance with the delivery time indicated in the purchase process and in the order confirmation is considered essential, taking into account all the circumstances accompanying the conclusion of the contract; c) the User informed Farmaceutici Dott. Ciccarelli S.p.A., before the conclusion of the contract, that delivery by or on a specified date is essential.
In the Excluded Cases, if the User does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he/she is entitled to immediately terminate the contract, without prejudice to the right to any compensation for damages (“Termination of the Contract in Excluded Cases”).
The indication of the Additional Delivery Time pursuant to Article 61, Paragraph III, of the Consumer Code and notice of the Termination of the Contract pursuant to Article 61, Paragraph III, of the Consumer Code or of the Termination of the Contract in Excluded Cases must be communicated by the User to Farmaceutici Dott. Ciccarelli S.p.A. to the addresses referred to in Article 15 below.
In case of Termination of the Contract pursuant to Article 61, Paragraph III, of the Consumer Code or Termination of the Contract in Excluded Cases, Farmaceutici Dott. Ciccarelli S.p.A. will reimburse the user the Total Amount Due, if already paid, without undue delay, in the manner set out in Article 7.4 above. The repayment term will start from the termination of the contract.
In any case, Farmaceutici Dott. Ciccarelli S.p.A. undertakes to notify the User, promptly and by email, of the delivery delay (“Delay Notice”), and, at the same time, indicate the new delivery time, if available (“New Delivery Time”), and, in the event that the User does not take advantage of the Additional Delivery Time pursuant to Article 61, paragraph III, of the Consumer Code, or, if the conditions are met, of the Termination of the Contract pursuant to Article 61, Paragraph III, of the Consumer Code, or of the Termination of the Contract in Excluded Cases, without prejudice to the possibility for the User to take advantage of such remedies at any time, and/or of the ordinary means of protection made available by law, and, in particular, Chapter XIV of Title II of Book IV of the Italian Civil Code, Farmaceutici Dott. Ciccarelli S.p.A. undertakes: (i) in case of delivery with a delay of between 1 and 3 working days with respect to the New Delivery Time, to reimburse the User for the Home Delivery costs; (ii) in case of delivery with a delay of between 4 and 10 working days with respect to the New Delivery Time, to allow the User to refuse delivery and to terminate the contract, resulting in a refund, in the manner indicated in Article 7.4 above, of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days from the request for Termination of the Contract, or, alternatively, if the User does not opt for the Termination of the Contract, to reimburse the User for the Home Delivery costs, and, regardless of the User’s choice, to offer to the User a discount voucher of Euro 5.00 that can be used against a minimum order of Euro 30.00 made on the Site by 31 December of the year of issue of the discount voucher; (iii) in case of a delay in delivery of more than 10 working days with respect to the New Delivery Time, to offer the User the possibility of accepting the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference on express consent, and to offer to the user, in any case, a discount voucher of Euro 10.00 that can be used against a minimum order of Euro 30.00 made on the Site by 31 December of the year of issue of the discount voucher.
In the cases referred to in Articles 12.11 (i), 12.11 (ii) and 12.11 (iii), in the case of reimbursement of the Home Delivery costs, such costs will take reimbursed in the following ways: (i) in case of payment by credit card, with credit to the same payment method used for the purchase; (ii) in the case of payment by PayPal or Satispay or Amazon Pay or Scalapay, with credit to the PayPal, Satispay, Amazon or Scalapay account, as detailed in Article 11 above.
In the case of Multiple Orders whose Products must be delivered separately, the provision referred to in Article 12.11 above will be separately applied to each delivery. In relation to each delivery, and, therefore, limited to the Products covered by the same delivery, the User may take advantage of the Additional Delivery Time pursuant to Article 61, Paragraph III, of the Consumer Code, or Termination of the Contract pursuant to Article 61, Paragraph III, of the Consumer Code, or Termination of the Contract in Excluded Cases, if the respective relative conditions are met. In such cases, Farmaceutici Dott. Ciccarelli S.p.A. will refund the user the Partial Amount Due, if already paid, without undue delay, in the manner set out in Article 7.6 above, it being understood that, in the case of a Mixed Payment, the refund of the Partial Amount Due will be made first of all by crediting, depending on the case, on the same payment method used by the User for the purchase, or on the User’s PayPal, Satispay, Amazon or Scalapay account. The repayment term will start from the termination of the contract.
In any case, Farmaceutici Dott. Ciccarelli S.p.A. undertakes to promptly send the Delay Notice to the User, simultaneously indicating the New Delivery Time, if available, and, in the event that the User does not take advantage of the Additional Delivery Time pursuant to Article 61, Paragraph III, of the Consumer Code, or, if the conditions are met, of the Termination of the Contract pursuant to Article 61, Paragraph III, of the Consumer Code, or of the Termination of the Contract in Excluded Cases, in relation to the single delivery and the related delayed Products, without prejudice to the possibility for the User to take advantage of such remedies at any time, and/or the ordinary means of protection made available by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, Farmaceutici Dott. Ciccarelli S.p.A. undertakes: (i) in case of delivery of one of the Products covered by the Multiple Order having a delay of between 1 and 3 working days with respect to the New Delivery Time, to reimburse the user for the Home Delivery costs calculated as indicated in Article 12.5 above; (ii) in case of delivery of one of the Products covered by the Multiple Order having a delay of between 4 and 10 working days with respect to the New Delivery Time, to allow the user to refuse delivery and to terminate the contract partially and limited to Product covered by the Multiple Order delivered late, with consequent reimbursement, in the manner indicated in Article 7.6 above, of the Partial Amount Due, if already paid, immediately, and, in any case, within 10 working days from the request for Termination of the Contract, it being understood that, in the case of a Mixed Payment, the reimbursement of the Partial Amount Due will be made first of all by crediting, depending on the case, on the same payment method used by the user for the purchase, or on the User’s PayPal, Satispay, Amazon or Scalapay account, or, alternatively, if the user does not want to terminate the contract, to reimburse the User the Home Delivery costs, calculated as indicated in Article 12.5 above, and, regardless of the user’s choice, to offer to the User a discount voucher of Euro 5.00 that can be used against a minimum order of Euro 30.00 made on the Site by 31 December of the year of issue of the discount voucher; (iii) in case of a delay in the delivery of one of the Products covered by the Multiple Order exceeding 10 working days with respect to the New Delivery Time, to offer the user the possibility to accept the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference on express consent, and to offer to the User, in any case, a discount voucher of Euro 10.00 that can be used against a minimum order of Euro 30.00 made on the Site by December 31 of the year of issue of the discount voucher.
In the cases referred to in Articles 12.13 (i), 12.13 (ii) and 12.13 (iii), in the case of reimbursement of the Home Delivery costs, such cost will be reimbursed in the manner set out in Article 12.11.1 above.
In the cases referred to in Articles 12.12 and 12.13 above, termination of the entire Multiple Order will be possible only in the case of the evident and proven accessory nature of the Products of the Multiple Order delivered late or not delivered within the time indicated with respect to the other Products of the Multiple Order delivered promptly.
In the event of failure to send the Delay Notice or failure to set the New Delivery Time in the same notice, all the times referred to in Articles 12.11 (i), (ii), (iii) and 12.13 (i), (ii) and (iii) above will start from the original delivery time. The acceptance of the New Delivery Time in the cases referred to in Articles 12.11 and 12.13 above, and the User’s choice in the cases referred to in Articles 12.11 (ii) and (iii) and 12.13 (ii) and (iii), must be promptly communicated to Farmaceutici Dott. Ciccarelli S.p.A. by e-mail to the addresses referred to in Article 16 below.
It is the responsibility of the User to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage of the Products, for reasons not attributable to Farmaceutici Dott. Ciccarelli S.p.A. is transferred to the User, when the User, or a third party designated by the User and different from the carrier, materially comes into possession of the Products, it is recommended that the User check the number of Products received and that the packaging and closing materials (e.g. adhesive tape) are intact, undamaged and not wet or otherwise altered, and that the User, in his/her own interest, indicate any anomalies on the transport document of the carrier, accepting the package with reserve. Indeed, unreserved receipt of the Products will prohibit the User from taking legal action against the courier in the event of loss or damage to the Products, except in the event that the loss or damage is due to wilful misconduct or gross negligence by the courier, and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the User is also recommended to promptly notify the Customer Service. In any case, the application of rules on the Right of Withdrawal and the legal guarantee of conformity shall remain valid.
Right of Withdrawal – Information on Withdrawal
The User acting in the role of consumer has the right to withdraw from the purchase contract for the Product without having to provide any reasons and without having to incur costs other than those provided for in Articles 13.5, 13.6 and 13.7 below, within a period fourteen calendar days. The Withdrawal Period ends (“Withdrawal Period”):
- a) in the case of an order relating to a single Product, on the day on which the User or a third party designated by the User, and other than the carrier, acquires physical possession of the Products;
- b) in the case of a Multiple Order with separate deliveries, on the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the last Product; or
- c) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, on the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the last lot or piece.
To exercise the Right of Withdrawal, the User must inform Farmaceutici Dott. Ciccarelli S.p.A., before the expiry of the Withdrawal Period, of his/her decision to withdraw.
For this purpose, the User may:
(a) use the Standard Withdrawal Form made available to the User on the Site before the conclusion of the contract (“Standard Withdrawal Form”) and attached to the order confirmation; or
(b) submit any other explicit declaration of the decision to withdraw from the contract (“Declaration of Withdrawal”).
The User shall be deemed to have exercised the Right of Withdrawal within the Withdrawal Period if the communication relating to the exercise of the Right of Withdrawal is sent by the User before the expiration of the Withdrawal Period. In case of use of the Declaration of Withdrawal, the User must indicate in the Declaration of Withdrawal the order number, the Product(s) for which he/she intends to exercise the Right of Withdrawal and his/her address. Since the burden of proof relating to the exercise of the Right of Withdrawal before the expiry of the Withdrawal Period rests with the User, it is in the User’s interest to use a durable medium when communicating to Farmaceutici Dott. Ciccarelli S.p.A. the exercise of the Right of Withdrawal.
The User must return the Products to Farmaceutici Dott. Ciccarelli S.p.A., using a carrier of his/her choice and at its his/her own expense, without undue delay, and, in any case, within a deadline of fourteen calendar days from the date on which he/she communicates to Farmaceutici Dott. Ciccarelli S.p.A. the decision to exercise the Right of Withdrawal. The deadline is met if the User returns the Products before the expiry of the fourteen-day period. The Product, properly protected and packaged, must be sent to the following address: Farmaceutici Dott. Ciccarelli, Via Clemente Prudenzio 13, 20138 Milan, Italy. The direct costs of returning the Products to Farmaceutici Dott. Ciccarelli S.p.A. are the responsibility of the User. For the purposes of the expiry of the deadline, the Product shall be considered returned when it is delivered to the accepting post office or to the forwarder. The return of the Product to Farmaceutici Dott. Ciccarelli S.p.A. shall take place under the responsibility and at the expense of the User.
If the user withdraws from the contract, Farmaceutici Dott. Ciccarelli S.p.A. will reimburse the Total Amount Due paid by the User for the Product, including delivery costs (with the exception of additional costs deriving from the User’s choice of a type of delivery other than the least expensive type of standard delivery offered by Farmaceutici Dott. Ciccarelli S.p.A.), without undue delay, and, in any case, no later than 14 calendar days from the day on which Farmaceutici Dott. Ciccarelli S.p.A. has been informed of the User’s decision to withdraw from the contract. The reimbursement will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise. In any case, the User will not have to incur any costs as a result of this reimbursement. The reimbursement may be suspended until receipt of the Products or until the User can demonstrate that he/she has returned the Products, whichever is earlier.
The User is solely responsible for the decrease in the value of the Product resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must, in any case, be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories and leaflets, with 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 free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot, therefore, be exercised in relation to any parts and/or accessories of the Product.
In the event that the withdrawal has not been exercised in accordance with the provisions of applicable legislation, it shall not result in the termination of the contract, and, consequently, shall not give the right to any reimbursement. Farmaceutici Dott. Ciccarelli S.p.A. will notify the User within 5 working days of receipt of the Product, in case of rejection of the Right of Withdrawal. The Product will then remain at Farmaceutici Dott. Ciccarelli S.p.A. available to the User for collection, which must take place at the expense and under the responsibility of the User.
In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the reimbursement amount will be reduced by an amount equal to this decrease in value. Of the circumstance and the consequent reduced amount of the reimbursement, Farmaceutici Dott. Ciccarelli S.p.A. will notify the User within 5 working days of receipt of the Product, and provide the User, in the event that the reimbursement has already been paid, the bank details for the payment of the amount due by the User due to the decrease in value of the product.
In the event that, in one of the legal hypotheses, the Right of Withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Sheet, and, in any case, during the purchase process, before the user proceeds to transmit the order.
