General Terms and Conditions of Sale

Effective from 01/06/2021

1. Site name, Seller’s company data and domain name ownership

1.1 The site www.ciccarellishop.it (the “Site”) is informative and e-commerce site of the company Farmaceutici Dott. Ciccarelli S.p.A, with registered office in Via Clemente Prudenzio 13, 20138 Milan, Italy, and VAT No. and Tax Code 00936710151.
1.2 The Site is owned by Farmaceutici Dott. Ciccarelli S.p.A, which is also the owner of the domain name.
1.3 All the contents of the Site are protected by copyright held by Farmaceutici Dott. Ciccarelli S.p.A. The Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, connected or used, in particular for commercial purposes, without the prior written consent of Farmaceutici Dott. Ciccarelli.

2. Identification of the Seller

2.1 The products marketed and/or purchased on the Site (the “Products”) are offered and sold by Farmaceutici Dott. Ciccarelli S.p.A, as better identified in Art. 1.1.
2.2 Farmaceutici Dott. Ciccarelli S.p.A. is, therefore, the only counterpart of the User intending to purchase one or more products via the Site, and is accordingly: (i) the party to whom the User addresses his/her order, in order to accept the offer and conclude the sales contract; (ii) the party who assumes pre-contractual obligations arising from the offer made to the User; and (iii) the party who concludes the sales contract with the User, and assumes the related rights and obligations. The purchase contract concluded via the Site is, therefore, concluded between the User and Farmaceutici Dott. Ciccarelli S.p.A.

3. Scope of application of the General Terms and Conditions of Sale

3.1 The offer and sale of Products on the Site constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Italian Legislative Decree of 6 September 2005, No. 206 (the “Consumer Code”) and Legislative Decree of 9 April 2003, No. 70, in reference to the regulation of electronic commerce.
3.2 These General Terms and Conditions of Sale apply to all sales made by Farmaceutici Dott. Ciccarelli S.p.A. on the Site.
3.3 The General Terms and Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be effective from the moment of their publication on the Site in the “General Terms and Conditions of Sale” section. Users are, therefore, invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale.
3.4 The applicable General Terms and Conditions of Sale (the “GTCS”) are those in force on the date the purchase order is sent. Before proceeding with the transmission of the order, and, therefore, the conclusion of the purchase contract, the User must carefully read all the information made available by Farmaceutici Dott. Ciccarelli S.p.A. in the “General Terms and Conditions of Sale” section of the Site, which the User may store and reproduce, as well as all other information that Farmaceutici Dott. Ciccarelli S.p.A. provides for the User on the Site, both before and during the purchase procedure, and must examine and approve the GTCS by selecting the appropriate box made available to the User during the purchase procedure and before the conclusion of the related contract.
3.5 These General Terms and Conditions of Sale do not regulate the sale of products by parties other than Farmaceutici Dott. Ciccarelli S.p.A. that may be present on the site through links, banners or other hypertext links. Before carrying out any commercial transactions with such third parties, the User must check their respective terms and conditions of sale. Farmaceutici Dott. Ciccarelli S.p.A. shall not be held liable for the provision of services or for the sale of products by such third parties. On websites accessible through such links, Farmaceutici Dott. Ciccarelli S.p.A. does not carry out any checks or monitoring. Farmaceutici Dott. Ciccarelli S.p.A. shall, therefore, not be held liable for the contents, related errors, omissions or legal violations of such sites.
3.6 When the term “Site” is used on the Site and/or in communications with customers relating to the Site or the first person plural is used, the reference is given to mean, in addition to the Site www.ciccarellishop.it, also Farmaceutici Dott. Ciccarelli S.p.A, depending on the context and the activities and roles for which each company is respectively responsible.

4. Purchases on the Site

4.1 The purchase of Products via the Site may take place after registration on the Site or in guest mode, by both users who are consumers and users who do not have this quality, whether they are natural or legal persons, companies or entities of any kind. Natural persons are allowed to purchase only on the condition that they are at least eighteen years old. Under no circumstances may resellers or wholesalers, or, in general, any party intending to purchase Products for the purpose of subsequent resale, make purchases on the Site.
4.2 Note that, as per Article 3, Paragraph I, Letter a) of the Consumer Code, natural persons have the role of consumers only if, with regard to the purchase of products via the Site, they do not act for purposes relating to any entrepreneurial, commercial, professional or artisanal activity.
4.3 In the case of orders, by any party, that are anomalous regarding the quantity of products purchased or the frequency of purchases made, or that are made by retailers, wholesalers or in any case for the purpose of subsequent resale, Farmaceutici Dott. Ciccarelli S.p.A. reserves the right to take all necessary action to stop such irregularities, including suspension of access to the Site, cancellation of registration, or the non-acceptance or cancellation of such irregular orders.
4.4 Farmaceutici Dott. Finally, Ciccarelli S.p.A. reserves the right to refuse or cancel orders that come from (i) any user with whom it has an ongoing legal dispute; (ii) any user who has previously violated these General Terms and Conditions of Sale and/or the terms and/or conditions of the purchase contract; (ii) any user who has been involved in fraud of any kind and, in particular, in any fraud relating to credit card payments; (iv) any user who has transmitted false, incomplete or otherwise inaccurate identification data or who, in the context of the procedures referred to in Articles 11.3 and 11.4 below, have not promptly sent to Farmaceutici Dott. Ciccarelli S.p.A. the documents requested by the latter or have sent invalid documents; (v) any user who has violated the provisions of Article 5.3 below.

5. Registration on the Site

5.1 Registration on the Site is free. To register on the Site, the User must fill in the appropriate form, entering his/her name, surname, an email address, a password, and, if desired, their date of birth and gender, and then click on “Create Account”. Registration will be confirmed to the User via a dedicated email.
5.2 Registering on the Site, and thus opening a personal account entitled “My Account” (the “Account”), allows the registered User, among other things, to:

• Manage his/her personal data and update it at any time;
• Save and modify his/her addresses;
• Access all information relating to orders and any returns;
• Access after-sales support services.

5.3 Each User may take advantage of only one registration on the Site. It is, therefore, prohibited for the User to create multiple accounts referring to the same natural or legal person, company or any entity of any kind, even when using data that corresponds to the truth. The User is also prohibited from entering, for the purpose of registering on the Site, the personal data of any third party or any data that is false, invented, fictional or, in any way, does not correspond to the truth. In the event of any violation of such prohibitions, without prejudice to the provisions of Article 4.4 above, Farmaceutici Dott. Ciccarelli S.p.A. reserves the right to close all accounts referable to the same natural or legal person, company or entity.
5.4 The registration credentials (i.e. email address and password) allow the User to make purchases on the Site and to carry out, among other actions, the activities referred to in Article 5.2 above. Such credentials must, therefore, be stored with extreme care and attention. Furthermore, they may only be used by the User and must not be transferred to any third party. The User undertakes to keep such credentials secret and to ensure that no third party has access to them. The User also undertakes to immediately inform Farmaceutici Dott. Ciccarelli S.p.A., by contacting it at the addresses referred to in Article 15 below, in the event that he/she suspects or becomes aware of any improper use or undue disclosure of such credentials.
5.5 The User guarantees that the personal data provided to Farmaceutici Dott. Ciccarelli S.p.A. during the registration procedure and/or during the purchase and/or at any other time, is complete, truthful and refers to the same User, and undertakes to hold Farmaceutici Dott. Ciccarelli S.p.A. harmless and indemnified from any damages, compensation obligation or sanction deriving from and/or in any way related to any violation by the User of the guarantees referred to in this Article 5, and/or any violation of the rules concerning registering on the Site, purchasing on the Site and/or keeping registration credentials private.

 

6. Information aimed at concluding the online contract

6.1 As per Italian Legislative Decree of 9 April 2003, No. 70, containing provisions on electronic commerce, Farmaceutici Dott. Ciccarelli S.p.A. informs the User that: (I) in order to conclude the purchase contract for one or more Products on the Site, the User must fill out an order form in electronic format and submit it to Farmaceutici Dott. Ciccarelli S.p.A. electronically, following the related instructions that appear on the Site; (II) the contract is deemed concluded when the order form reaches the server made available by Farmaceutici Dott. Ciccarelli S.p.A.; (III) before proceeding with the transmission of the order form, the User may identify and correct any data entry errors by following the instructions on the Site; (IV) once the order form has been registered, Farmaceutici Dott. Ciccarelli Spa will send the User, at the indicated email address, the order confirmation, which will contain: a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the product purchased, a detailed indication of the price, the means of payment used, the delivery costs, where applicable, and any additional costs, as well as information on the right of withdrawal; the order confirmation will be accompanied, in .pdf format, by the GTCS applicable to the order, as well as by standard instructions on withdrawal and the standard withdrawal form as per Article 13 below; (V) the order form will be stored in the database of Farmaceutici Dott. Ciccarelli S.p.A. for the time necessary for its execution, and, in any case, in accordance with law. The essential elements of the order form will be reported in the order confirmation. The registered User will be able to check the order details by consulting the “Orders” section of the Account.
6.2 The languages available to users for the conclusion of the contract are Italian and English. Customer Service is able to communicate with users in Italian and English.

 

7. Availability of the Products

7.1 The Products offered on the Site are the cosmetic items, free sale items and Class 1 and 2 medical devices present in the electronic catalogue published on the Site at the time the order is placed by the User.
7.2 Only products available for sale will be visible online; the availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it may happen that multiple users try to purchase the same Product at the same time. In such cases, therefore, the Product may, for a short period of time, appear available but, in fact, be out of stock or not immediately available, considering the time necessary for restocking.
7.3 Should the Product be no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the User 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. will immediately notify the User by email. The User will then have the right to a refund of the payment made. Alternatively, the User may accept the proposal from Farmaceutici Dott. Ciccarelli S.p.A., if it is possible to restock the Product, to extend the delivery time, with an indication by Farmaceutici Dott. Ciccarelli S.p.A. of the New Delivery Time for the restocked Product;The User’s choice must be promptly communicated to Farmaceutici Dott. Ciccarelli S.p.A. by email to the address referred to in Article 16 below.
7.4 In the event that the User makes use of the right of withdrawal as per Article 61, Paragraphs IV and V, of the Consumer Code, and the payment of the total amount due, consisting of the price of the Product, the delivery costs, if applicable, and any other additional costs, as resulting from the order (the “Total Amount Due”), has already been made, Farmaceutici Dott. Ciccarelli S.p.A. will refund the Total Amount Due without undue delay, and, in any case, within 15 working days of the transmission of the order. The refund amount will be communicated to the User via email. In the case of payment by credit card, PayPal, Amazon Pay or Scalapay, this amount will be credited to the same payment method used by the User for the purchase. Any delays in crediting the refund may depend on the bank, type of credit card or payment solution used.
7.5 In the case of orders of several Products together (“Multiple Order”), whether unavailability concerns only some of the Products covered by the Multiple Order, without prejudice to the rights attributed to the User by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of Articles 7.3 and 7.4 above, or unavailability concerns all the Products covered by the order, Farmaceutici Dott. Ciccarelli S.p.A. will immediately notify the User by email. The User will, therefore, be entitled to obtain a refund of the price paid for the Product and/or Products that have become unavailable. Alternatively and without prejudice to said right, the User may accept the proposal from Farmaceutici Dott. Ciccarelli S.p.A. to extend the delivery time in relation to the entire order, with an indication from Farmaceutici Dott. Ciccarelli S.p.A. of the New Delivery Time;The User’s choice must be promptly communicated to Farmaceutici Dott. Ciccarelli S.p.A. by email to the address referred to in Article 16 below.
7.6 In the event that the User makes use of the right of withdrawal as per Article 61, Paragraphs IV and V, of the Consumer Code, the purchase contract concerning Multiple Order Products will be partially withdrawn from, limited to the unavailable Products, with consequent return, if already paid, of the amount due in relation to such Products, together with any other additional related costs (“Partial Amount Due”); withdrawal from the purchase contract for the entire Multiple Order will be possible only in the case of the evident and proven accessory nature of the unavailable Products covered by the Multiple Order in relation to the other available Products covered by the Multiple Order.
The Partial Amount Due by the User in relation to the unavailable Products will be refunded without undue delay, and, in any case, within 15 working days of the transmission of the order. The refund amount will be communicated to the User via email. In the case of payment by credit card, PayPal, Amazon Pay or Scalapay, this amount will be credited to the same payment method used by the User for the purchase. Any delays in crediting the refund may depend on the bank, type of credit card or payment solution used.
7.7 In any case of unavailability of the Products, the User, by activating a personal code, will be awarded a discount voucher worth Euro 5.00, which can be used on the Site by 31 December of the year of its issue against a minimum order of Euro 30.00.

8. Information on the Products

8.1 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colours of the Products and their packaging, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. Such images must, therefore, be understood as merely indicative, with the indicated use tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the User shall prevail.

9. Prices

9.1 All the prices of the Products published on the Site are expressed in Euros and are inclusive of Value Added Tax.
9.2 Farmaceutici Dott. Ciccarelli S.p.A. reserves the right to modify the price of the Products at any time, without notice, it being understood that the price charged to the User will be the one indicated in the order summary and shown to the User before the order is transmitted. Any increasing or decreasing price variations subsequent to such transmission shall not be taken into account.
9.3 In the event that a Product is offered on the Site at a discounted price, the Product Sheet will indicate: (i) the full reference price against which the discount is calculated; and (ii) what this full reference price corresponds to. It is understood that the offer of Products at discounted prices will be made only if the full reference price of each Product corresponds to its actual market price. In the event that no indication is given, it shall be understood that the full reference price is the price at which the Product was previously sold on the Site.
9.4 If, during the procedure for selecting the Products on the Site, the User finds that the price of one or more of the Products he/she intends to select for purchase is clearly lower than that normally applied, net of any applicable discounts and/or promotions at that time, due to an evident technical problem occurring on the Site, the User is requested to not complete the purchase order and report the aforementioned technical error to the Customer Service of the Seller by sending an email to the relevant email address.
9.5 In cases in which the User has completed a purchase order including a Product whose price is clearly lower than that normally applied, net of any applicable discounts and/or promotions at that time, due to of an evident technical problem occurring on the Site:
(a) If the User has not yet received the Product, the Seller will (i) cancel the order, its delivery will, therefore, not be carried out, and an email communicating such fact will be sent to the email address indicated by the User on transmission of the order; and (ii) reimburse the User payments made in relation to the cancelled order, including delivery costs, without undue delay, and, in any case, no later than 14 days from the cancellation of the order, via the same payment method used by the User for the initial transaction;
(b) If the User has received the Product, the Seller will promptly inform the User via email of the error in the process of completing the order, offering the User, alternatively, to (i) pay the Seller, no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order; or (ii) cancel the order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter’s expense, no later than the following 14 (fourteen) days, sending it to Farmaceutici Dott. Ciccarelli S.p.A, in Via Clemente Prudenzio, 13, 20138 Milan, Italy, undamaged and complete with all its elements and accessories, and accompanied by the duly completed return form attached to the email sent by the Seller. In the event that the User has chosen the option referred to in the previous point (b)(ii), the Seller will reimburse the User for the payments in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, via the same payment method used by the User for the initial transaction.

10. Purchase orders

10.1 The purchase contract is conditioned by the payment of the Total Amount Due. In the event that such payment is not made, the purchase contract shall, therefore, be considered terminated by law. This termination and the consequent cancellation of the order will be notified to the user immediately after transmission of the order, via the Site, if the User has chosen, as payment method, a credit card, PayPal, Amazon Pay or Scalapay.
10.2 In the case of payment by credit card, PayPal, Amazon Pay or Scalapay, Farmaceutici Dott. Ciccarelli S.p.A. will ship the Products only after receiving confirmation of successful payment of the Total Amount Due.
10.3 Ownership of the Products will be transferred to the User at the time of shipment, understood as the time of delivery of the Product to the carrier (“Shipment”). Responsibility for the risk of loss or damage to the Products, for reasons not attributable to Farmaceutici Dott. Ciccarelli S.p.A., on the other hand, will be 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.
10.4 In order to submit a purchase order, it is necessary to read and approve these GTCS by selecting the appropriate box on the purchase procedure pages. Failure to accept the GTCS will make it impossible to complete purchases on the Site.

11. Payment methods

11.1 Payment for Products purchased through the Site can be made by the methods described in the following paragraphs. In the event that one of these methods cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure. The payment methods not available will in any case not be selectable by the User during the related check-out process.
11.2 Payment by credit card
11.2.1 Payment for Products purchased on the Site can be made by credit card, directly through the Site. The credit cards accepted by Farmaceutici Dott. Ciccarelli S.p.A. are MasterCard, Visa, Visa Electron, PostePay and AmericanExpress. These are, in any case, indicated in the footer of each page of the Site. Farmaceutici Dott. Ciccarelli S.p.A. will debit the Total Amount Due by the User at the time of the order transmission.
11.2.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Farmaceutici Dott. Ciccarelli S.p.A. reserves the right to ask the User, by email, to send, by the same means, a front and back copy of his/her identity document, and, in the event that the person ordering is different from the card holder, copy of the latter’s identity document. Such document must be valid and have not expired. The email asking for such documentation will indicate a deadline for its receipt by Farmaceutici Dott. Ciccarelli S.p.A. This deadline must not, in any case, exceed 5 working days from receipt of the email request by the User. Pending the requested document, the order will be suspended. The User must send the requested documentation within the specified deadline.
11.2.3 In the event that Farmaceutici Dott. Ciccarelli S.p.A. does not receive such documentation within the deadline specified in the request email or receives expired or invalid documentation, the contract shall be considered terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code and the order will consequently be cancelled, without prejudice to the right of Farmaceutici Dott. Ciccarelli S.p.A. to claim compensation for any damage incurred due to improper conduct by the User. The termination of the contract, of which the User will be notified by email no later than 5 working days after the deadline for sending the documentation requested by Farmaceutici Dott. Ciccarelli S.p.A., will result in the cancellation of the order, with the consequent reimbursement of the Total Amount Due and application, as applicable, of Article 7.4 above.
11.2.4 In the case of receipt by Farmaceutici Dott. Ciccarelli S.p.A. of valid documentation within the deadline indicated in the email referred to in Article 11.2.2 above, the delivery time applicable to the Product shall be considered to apply from the date of receipt of such documentation.
11.2.5 Farmaceutici Dott. Ciccarelli S.p.A. uses a secure payment service that involves the use of the SSL security protocol. The confidential data relating to the credit card (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers employed by Farmaceutici Dott. Ciccarelli S.p.A. Farmaceutici Dott. Ciccarelli S.p.A., therefore, neither has access to nor stores the data of the credit card used by the User to pay for the Products, except in the case, limited to the data relating to the cardholder, provided for by Article 11.2.2 above.
11.3 Payment by PayPal
11.3.1 Payment for Products purchased on the Site can be made by PayPal. The User who chooses PayPal as the means of payment will be redirected to the website www.paypal.it for payment of the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract between the User and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted to or shared with Farmaceutici Dott. Ciccarelli S.p.A. Farmaceutici Dott. Ciccarelli S.p.A., therefore, neither has access to nor stores, in any way, the credit card data connected to the User’s PayPal account or the data of any other payment method connected to such account.
11.3.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to the User will be credited to the User’s PayPal account. The time required to credit the payment to the account depends exclusively on PayPal and the associated banking system. Once the credit order has been placed in favour of this account, Farmaceutici Dott. Ciccarelli S.p.A. may not be held liable for any delays or omissions in crediting the User with the refund amount, regarding which the User should contact PayPal directly.
11.4 Payment by Amazon Pay
11.4.1 Payment for Products purchased through the Site can be made by Amazon Pay. The User who chooses Amazon Pay as the means of payment will be redirected to the website www.amazon.it for payment of the Products according to the procedure provided and governed by Amazon Payments Europe S.C.A. (“Amazon”) and the terms and conditions of the contract agreed between the User and Amazon. In the case of Payment by Amazon Pay, the payment data of the Products will be processed directly by Amazon and will not be transmitted or shared with Farmaceutici Dott. Ciccarelli S.p.A. Farmaceutici Dott. Ciccarelli S.p.A., therefore, neither has access to nor stores, in any way, such data or any data of any other payment method connected to the Amazon account of the User.
11.4.2 In the case of Payment by Amazon Pay, the Total Amount Due will be charged by Amazon to the User at the time of order transmission, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to the User will be credited to the User’s Amazon account. The time required to credit the payment to the account depends exclusively on Amazon and the associated banking system. Once the credit order has been placed in favour of this account, Farmaceutici Dott. Ciccarelli S.p.A. may not be held liable for any delays or omissions in crediting the User with the refund amount, regarding which the User should contact Amazon directly.
11.6 Payment by Scalapay
The payment of the Products purchased on the Site can be made by Scalapay. The User who chooses PayPal as the means of payment will be redirected to the website www.scalapay.com for payment of the Products according to the procedure provided and governed by Scalapay and the terms and conditions of the contract between the User and Scalapay. The data entered on the Scalapay site will be processed directly by Scalapay and will not be transmitted to or shared with Farmaceutici Dott. Ciccarelli S.p.A. Farmaceutici Dott. Ciccarelli S.p.A., therefore, neither has access to nor stores, in any way, the credit card data connected to the User’s Scalapay account or the data of any other payment method connected to such account.
11.3.2 In the case of payment by Scalapay, the Total Amount Due will be charged by Scalapay to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to the User will be credited to the User’s Scalapay account. The time required to credit the payment to the account depends exclusively on Scalapay and the associated banking system. Once the credit order has been placed in favour of this account, Farmaceutici Dott. Ciccarelli S.p.A. may not be held liable for any delays or omissions in crediting the User with the refund amount, regarding which the User should contact Scalapay directly.

Delivery of the Products

12.1 The Delivery of the Products is effectuated in the territory of Italy and of the European Union.
12.2 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.
12.3 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.
12.4 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.
12.5 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

12.6 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.
12.7 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.
12.8 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.
12.9 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.
12.10 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.
12.11 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.
12.11.1 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.
12.12 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.
12.13 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.
12.13.1 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.
12.14 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.
12.15 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.
12.16 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

13.1 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”):

1. 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;
2. 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
3. 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.

13.2 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.

13.3 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”).
13.4 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.
13.5 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.
13.6 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.
13.7 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.
13.8 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.
13.9 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.
13.9 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.

 

Legal Guarantee of Conformity

14.1 All products sold on the Site are covered by the Legal Guarantee of Conformity, as per Articles 128-135 of Italian Legislative Decree No. 206/2005 (the “Consumer Code”, regarding the “Legal Guarantee”).

14.2 WHO IT APPLIES TO

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity. Those who have purchased on the Site outside of the role of consumers shall be subject to guarantees regarding defects in the goods sold, the guarantee regarding defects in promised and essential quality and the other guarantees provided for by the Italian Civil Code with related terms, conditions and limitations.

14.3 WHEN IT APPLIES

The Seller, and, therefore, with regard to purchases made on the Site, Farmaceutici Dott. Ciccarelli S.p.A. is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs 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 with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be deemed under the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery.

In order to take advantage of the Legal Guarantee, the User must, therefore, first provide proof of the date of purchase and delivery of the goods. It is, therefore, recommended to the user, for the purposes of such proof, to keep the order confirmation or purchase invoice, or the transport document or any other documentation that can certify the date of the purchase (e.g. a credit card statement or bank statement) and the delivery date.

 

14.4 WHAT CONSTITUTES A LACK OF CONFORMITY

A lack of conformity is when the purchased good:
– Is not suitable for the use for which goods of the same type are usually used;
– Does not conform to the description given by the Seller and does not possess the qualities of the goods that the Seller has presented to the consumer as a sample or model;
– Does not have the usual qualities or performances of a good of the same type that the consumer can reasonably expect, also taking into account declarations made in advertising or labelling;
– Is not suitable for the particular use desired by the consumer, brought to the attention of the Seller at the time of the conclusion of the contract and accepted by the Seller.

Any faults or malfunctions caused by accidental events, under the User’s responsibility, or by use of the product that does not comply with its intended use or as provided for in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.

 

14.5 REMEDIES AVAILABLE TO THE USER

In the event of a lack of conformity duly reported within the terms, the consumer has the right:
– Primarily, to the free repair or replacement of the goods, at his/her choice, unless the requested remedy is objectively impossible or excessively burdensome compared to another;
– Secondarily (in the event that the repair or replacement is impossible, or excessively burdensome, or the repair or replacement has not been carried out within reasonable terms, or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at the consumer’s choice.

The requested remedy is deemed to be excessively burdensome if it imposes unreasonable expenses on the Seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be carried out without significant inconvenience to the consumer.

 

14.6 WHAT TO DO IN CASE OF A LACK OF CONFORMITY

In the event that a Product purchased on the Site, during the validity period of the Legal Guarantee, manifests what might be a lack of conformity, the User may contact the Customer Service at the number indicated in Article 16 below. Farmaceutici Dott. Ciccarelli S.p.A. will promptly reply to the communication of the suspected lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported lack of conformity.

14.7 Farmaceutici Dott. Ciccarelli S.p.A. reserves the right to request the User requesting to take advantage of the Legal Guarantee of Conformity to attach the order confirmation and/or transport document or other document proving the date of the purchase and date of delivery.

Customer Service and complaints

1. 15.1 It is possible to request information, send communications, request support or submit complaints by contacting the Customer Service of Farmaceutici Dott. Ciccarelli S.p.A. (“Customer Service”) in any of the following ways:
2. By e-mail, at info@ciccarellishop.it
3. By phone, at (+39) 02 580721, from Monday to Friday, 8:30 am to 5 pm;
4. By post, by writing to Farmaceutici Dott. Ciccarelli S.p.A., Via Clemente Prudenzio 13, 20138 Milan, Italy.
5. 15.2 Farmaceutici Dott. Ciccarelli S.p.A. will respond to complaints within five working days of their receipt.
6. Applicable law and jurisdiction
7. 16.1 The purchase contract concluded through the Site is governed by Italian Law.
8. 16.2 This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable or mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the Right of Withdrawal, the deadline for the return of the Products in the case of the exercising of such right, the methods and formalities of its communication, and the Legal Guarantee of Conformity.
9. 16.3 Please note that in the case of a consumer user, for any dispute relating to the application, execution or interpretation of these General Terms and Conditions of Sale, the court of the place where the user resides or has elected domicile shall be deemed competent.
10. Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR)
11. 17.1 As per Article 141-sexies, Paragraph III, of the Consumer Code, Farmaceutici Dott. Ciccarelli S.p.A. informs the User in the role of consumer, as per Article 3, Paragraph 1, Letter a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to Farmaceutici Dott. Ciccarelli S.p.A., following which, however, it was not possible to resolve the resulting dispute, Farmaceutici Dott. Ciccarelli S.p.A. will provide the User with information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Terms and Conditions of Sale (the so-called ADR bodies, as referred to by Articles 141-bis et seq. of the Consumer Code), indicating whether or not it intends to avail of such bodies to resolve the dispute.
12. 17.2 Farmaceutici Dott. Ciccarelli S.p.A. will also inform the User in the role of consumer, as per Article 3, Paragraph 1, Letter a) of the Consumer Code, that a European platform has been established for the Online Dispute Resolution of consumer disputes (the so-called ODR platform). The ODR platform may be accessed at the address https://ec.europa.eu/consumers/odr/. Via the ODR platform, the consumer user may consult the list of ADR bodies, find links to the websites of each of them and initiate an Online Dispute Resolution procedure for the relevant dispute.
13. 17.3 This is without prejudice to the right of the consumer user to appeal to a competent ordinary judge for the dispute arising from these General Terms and Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of appealing for an out-of-court dispute resolution regarding consumer relations via recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
14. 17.4 Furthermore, for any cross-border dispute relating to the application, execution or interpretation of these General Terms and Conditions of Sale, the User, who habitually resides or is domiciled in a Member State of the European Union other than Italy, may appeal to the established European procedure for small claims by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, before the competent judicial body, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00 on the date on which the competent court receives the application form. The text of the Regulation is available on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.
15. 17.5 As per Article 49, Paragraph 1, letter v) of Italian Legislative Decree No. 206/2005 (the Consumer Code), the customer intending to resolve a dispute arising with the merchant (Farmaceutici Dott. Ciccarelli S.p.A.) may make use of the Joint Conciliation procedure. The procedure may be initiated if the consumer, after having lodged a complaint with the company, has not received, within 45 days, an answer, or has received an answer that is not considered satisfactory. The customer who decides to make use of the Joint Conciliation procedure must send the request to the address: conciliazione@consorzionetcomm.it or to the fax number: (+39) 02 87181126. For more information, see the website: https://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl.