Edonelle - Agorà Pharma S.r.l.
1. General information
- Edonelle is a trademark of the company Agorà Pharma S.r.l., with registered office in Milan, Piazza del Duomo n. 20, Tax Code and VAT No. 10797550968, registered in the Company Register of Milan, No. 2558054 (hereinafter the "Company").
2. Information for the conclusion of the sales contract
- These General Terms and Conditions of Sale are valid from September 7, 2020 until further notice.
- The Company reserves the right to amend these General Terms and Conditions of Sale at any time and without prior notice, it being understood that such amendments will not apply to orders being processed at the time of the changes nor would the changes be retrospective. Customers of the Site (the "Customer") are invited to consult the Site at each purchase to check for any updates or changes.
- The display of goods on the Site constitutes a public offer governed by art. 1336 of the Italian Civil Code. The Customer has the right to purchase any product present and available in the electronic catalogue and may do so by completing the order form (the "Order Form") in electronic format including details such as but not limited to name, surname, email address, telephone number and shipping address.
- The contract between the Company and the Customer is considered fulfilled when the Company sends the Customer the confirmation of the successful completion of the Customer’s order, in accordance with the provisions of art. 51 paragraph 7 of the Italian Consumer Code.
- Once the payment for the order has been made the Customer will receive an invoice by e-mail summarizing the purchase made, according to the Terms and Methods of Payment set forth in art. 3 below.
3. Payment Terms and Methods
- After placing the purchase order, the Customer will be directed to the transaction web page and will be able to select the preferred payment method among those available: credit card or cash on delivery.
- In case of payment by credit card, the price of the purchase of the products and any shipping costs will be debited from the Customer’s account only when the order is shipped.
- In case of payment by cash on delivery, the cost of purchase of products including shipping must be paid in cash directly to the courier appointed by the Company at the time of the delivery of the goods.
- Please note that for the processing of the Customer’s financial information the terms and conditions of the transaction service provider of Shopify.com, Stripe Payments Europe Ltd, will apply to all purchases throughout the site. The relevant terms and conditions can be found at https://stripe.com/it/privacy.
4. Right of withdrawal
- In accordance with art. 52 of the Italian Consumer Code, if the Customer is a consumer (i.e. a person unrelated to entrepreneurial, commercial, craft or professional activity – non business consumer), has a period of fourteen days to withdraw from the purchase contract for any reason, without explanation and without penalty, subject to compliance with the conditions set out herein. To exercise this right, the Customer must send written notice to email@example.com or to PEC firstname.lastname@example.org within 14 working days from the date of receipt of the goods. Once this notice of withdrawal has been received, Edonelle's Customer Service will communicate relevant return instructions to the Customer. The returned product must be received at Via Volta, 28 Erba (CO) CAP: 22036 within 10 days of authorization.
- The right of withdrawal is subject to the following conditions:
- the right applies to the product purchased in its entirety;
- the purchased product must be intact and returned in its original packaging, complete in all its parts including packaging and any documentation, etc.;
- the original packaging and product must be free of all of labels or adhesive tape;
- the cost of postage for the returned item/s is the responsibility of the Customer;
- the Customer remains responsible for the returned goods until they have been acknowledged by signature by our warehouse;
- In case of damage to the goods during transport, the Company will inform the Customer of the event (by the third working day from receipt of the goods in its warehouse), to allow them to submit a complaint in a prompt and timely manner against the Customer’s courier in order to obtain reimbursement of the value of the goods (if insured). In such cases the product returned by the Customer will be made available to be sent back to the Customer at which point the return process would be cancelled.
- The Company is not liable in any way for damage or theft/loss of goods returned by uninsured shipments. Upon arrival in the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and / or the original packaging are damaged, the Company will deduct a percentage of the value of the refund, not exceeding 10% of the original purchase price.
Without prejudice to any repair costs for damage to the original packaging, the Company will refund the Customer the full amount already paid, excluding shipping costs, within 14 days from the return of the goods. The refund will be made by crediting the amount due to the same means of payment used at the time of purchase.
5. Return and refund
- To effect a return the customer must download the RMA (Return Merchandise Authorization) Form from the "RMA Form" link and;
- complete it in its entirety, specifying whether it is a return for shipping damage or for the exercise of the right of withdrawal or for defective goods or one of the causes indicated in the RMA Form;
- send it by e-mail to email@example.com, in "doc" or "pdf" format.
- The Company shall verify and evaluate the RMA Form within 48 hours of receipt. In particular, the following checks will be made:
- in case of return caused by damage in transit,
- the timeliness of the relevant claims to the courier and by e-mail, as well as the evidence of damage;
- in case of return for the exercise of the right of withdrawal,
- the timeliness of the relevant communication by e-mail and the condition of the item at the time of its receipt;
- in case of return for defective goods,
- the timeliness of the relevant complaint by e-mail and the evidence of defect;
- in case of return for a change of product,
- the timeliness of the relevant communication by e-mail, the condition of the article being returned and the availability of the requested article to replace it.
- Once the above checks and evaluations have been completed following the receipt of the RMA Form, the Company will email the Customer a RMA code within 48 hours. This code must be affixed to the outside of the packaging, which the Customer is responsible for providing and ensuring that it is fit for purpose. Failure to do so will make the Customer liable for any transit damage. The return must be made by the Customer within 14 days of receipt of the product for which the return is requested.
- Within 7 days of receipt of the returned item:
- for either transport damage or the exercise of the right of withdrawal, the Company will refund the price paid by the Customer, less shipping costs, by crediting the payment method used by the Customer at the time of purchase;
- for defective goods, the Company will, free of charge, either replace with similar, or refund the price paid by the Customer, less shipping costs, by crediting the payment method used by the Customer at the time of purchase. If no defect is found, the Company will return the product to the Customer, at the Customer's expense;
- for a change of product, the Company will ship, at the Customer's expense, the product requested in exchange. If the item requested in exchange is not available, the Customer will be contacted by Customer Service for guidance. If the Customer so requests, the Company will refund the price previously paid by the Customer, less shipping costs, by crediting the payment method used by the Customer at the time of purchase.
The Company reserves the right not to issue any refund if the return procedure is not carried out correctly or, in the case of return due to transport damage or defective goods, or if the returned product is in a different condition from that shown in the photos accompanying the RMA Form. No refund will be made in the case of return due to the exercise of the right of withdrawal or change of product if the product is not perfectly intact.
1. All purchases together with the related invoice, will be delivered by courier to the address specified by the Customer when placing the on-line order. Alternative delivery instructions must be communicated to the Company, firstname.lastname@example.org, by the Customer. If there is no response to the courier at the address specified by the Customer, the courier will leave a notice and try a second time. If there is still no response, the goods will be returned to the Company.
2. The Customer’s order will be despatched subject to availability. Any other delays will not be attributable to the Company.
7. Applicable law and place of jurisdiction
- This contract of sale is in accordance with the General Conditions of Sale as required by Italian law.
- For the settlement of civil and criminal disputes arising from the termination of this contract, if the Customer is a citizen domiciled in Italy, the territorial jurisdiction of their town of residence will prevail. In all other cases the territorial jurisdiction is exclusively that of the Company's registered office Not sure if this translated correctly).
- For anything not expressly stated herein, the provisions of Italian law applicable to commercial relationships and transactions created by contract at the point of purchase, and in particular art. 5 of the Rome Convention of 1980, shall apply.
- Pursuant to art. 60 of the Consumer Code, the rules contained in Part III, Title III, Chapter I of the Consumer Code are expressly referred to in these Terms and Conditions.