terms and conditions
terms and conditions
Definitions, premises and annexes
For the purposes and effects of these General Terms and Conditions of Use and Sale, we mean by:
- "User" and/or "Customer": the natural and/or legal person, located within the EU. To this end, please note that the user, legal person, with registered office outside the Italian territory must be registered in VIES and/or in any case in possession of a valid and active VAT number in the country of origin or in any case be in possession of documents certifying the status of company/legal entity; the User is therefore required to communicate any variation of the data and of the company statute for tax and commercial purposes. In fact, the User is solely responsible for the truthfulness of the data provided as a purchaser;
- "Consumer": "the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out" (cf. art. 3 paragraph 1 letter a) of the Consumer Code).
- “Professional”: «the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or his intermediary» (cf. art. 3, paragraph 1, letter c) of the Consumer Code )
- "Services": the offer and sale of Products on the Site and related services;
- "Shipping Confirmation": means the communication with which the Service Provider informs the user of the successful shipment of the Order, including a summary of the same, the expected delivery date;
- "Purchase Price": the price of the Products published on the Site, net of taxes, delivery costs and any other element;
- “VIES”: VAT information exchange system.
General conditions of use
PRIVACY We invite the user to consult our privacy and cookie policies governing the use of the Services provided by asteriapharma.com
When you use the Services or send us communications by email, text message (SMS), and from your computer or mobile device, you are communicating with us electronically. ASTERIA PHARMA will be able to communicate with the user in various ways, for example by e-mail, text messages (SMS) or by posting messages and communications on the site or through other Services. Without prejudice to the specific legal provisions of an imperative nature, for the purposes of this contract, the user agrees to receive communications from ASTERIA PHARMA in electronic form and acknowledges that all contracts, notifications, information and other communications are provided to him in electronic form meet the requirement of written form, when required by law.
License to access services
All rights not expressly granted by these General Conditions of Use or by the Terms of Service remain with ASTERIA PHARMA or its licensors, suppliers, publishers, owners or other service providers. It is not possible to reproduce, duplicate, copy, sell, resell, visit or in any other way use for any commercial use the Services offered by ASTERIA PHARMA in whole or in part without express written consent. It is not possible to proceed with framing or use framing techniques to misappropriate any trademark, logo or other proprietary information (including images, text, page settings, or format) of ASTERIA PHARMA in the absence of an express written consent from the same . It is not possible to use any meta tag or any other "hidden text" using the name or trademarks of ASTERIA PHARMA without the express written consent of the same. The user may use the services provided to him exclusively within the limits established by law. Violation of these General Conditions of Use will result in the revocation of the authorization for use by ASTERIA PHARMA.
The use of the Services is permitted to all Users located within the EU (limited to the countries to which ASTERIA PHARMA ships its goods, see the SHIPMENTS paragraph). The registration and creation of a personal account which involves entering some personal data of the user (by way of example but not limited to: tax code, company name, registered office, VAT number) only facilitates the purchase procedure . For the purposes of the correct creation of the aforementioned registration account, the user assumes the obligation to provide his personal data complete, correct and truthful and to keep them updated. As of now, the Service Provider reserves the right to carry out checks on the completeness, correctness and/or truthfulness of the information provided by the user. If complete, correct and/or truthful information is not provided, the Service Provider reserves the right, at its sole discretion, not to proceed with the user's registration and/or purchase procedure on the Site and/or to request any further documents and/or clarifications to the user.
User obligations and responsibilities
Third Party Activities
The Site may contain spaces or links managed by third parties, for purposes related to the correct provision of the available services (e.g. manager of the online payment service). The relationships between Users and said third parties are governed by separate contractual relationships which the user is required to comply. The Provider has no control over these sites or resources and therefore assumes no responsibility with regard to them or in relation to any loss or damage that may arise to users as a result of their use.
The user, following receipt of the notification by the Service Provider of the violation of the obligations set out in this contract, must proceed, without delay and in any case within and no later than 24 hours, to eliminate the causes of the dispute and/or provide suitable documentation to support of one's reasons. In the event of no reply within the terms indicated, or in any case if the arguments put forward by the user are not sufficient, the Service Provider will have the right to terminate the contract with at least 72 hours notice of the actual suspension and/or cancellation of the account, without prejudice to the Provider's right to act for compensation for any damages suffered, as well as reserving the right to take the measures deemed most suitable in the specific case, including reporting to the judicial authority.
Products are not sold to minors, even if the consents expressed are understood to be validly given also by minors who have turned 14 pursuant to and by effect of Legislative Decree n.101/18.
If a provision of these GCS should be wholly or partially null and/or ineffective, the remaining provisions of the GCS will remain valid and effective in any case.
For anything not expressly provided for in these GCS, the provisions of Italian law in force apply. Failure or delay by the Provider to exercise one of the rights, faculties or powers attributed to it by virtue of these GCS will operate as a waiver limited to a single case, and will not prevent its subsequent exercise. Any granting of extensions or other forms of delay by the Service Provider in favor of the user will not in any way modify the responsibilities identified by these GCS for each Party.
These GCS are available in Italian.
II) General conditions of sale
INFORMATION ON DISTANCE AGREEMENT AND CONCLUSION OF CONTRACT IN THE FIELD OF ELECTRONIC COMMERCE.
1. Contracting Party
The customer's contractual counterpart for all orders placed on the website www.asteriapharma.com is the company ASTERIA PHARMA SRL
Registered office: VIA M. CERVANTES DE SAVAEDRA, 55/5
80133, Naples (NA)
VAT number: 09961201218
2. Conclusion of the contract in the field of electronic commerce
The presentation of our product offers does not represent a binding offer for the conclusion of a sales contract, but exclusively an invitation to the customer to submit a binding purchase contract offer. By sending the order, by clicking on the "Buy now" button, the customer sends this binding proposal for the conclusion of a sales contract. As soon as the order is received by the Seller, the customer will receive an order confirmation e-mail from the Seller, which also contains the order details ("Order Receipt Confirmation"). The sales contract is not concluded with the sending of said order receipt confirmation to the customer.
If the customer has found the desired product, he can place it in the shopping cart by clicking on the "Add to cart" button. The contents of the cart can be viewed at any time and in a non-binding manner by clicking on the cart itself. You can change or remove the products in your cart at any time. If the customer intends to purchase the products contained in the cart, he must click on the "go to checkout" button. The customer will then be asked to enter his personal data, to choose the method of payment and to confirm that he has read the information for the customer. The order process can be interrupted at any time, or concluded by clicking on the "Buy now" button.
The user can correct and/or change the shipping address by 10:00 of the day after placing the order.
If the products ordered in a single order are shipped in several packages, the customer may receive a shipping and contract confirmation for each package. In this case, a separate contract is concluded between the Seller and the customer for each shipping and contract conclusion confirmation for the product specified in the respective shipping and contract conclusion confirmation.
If payment is made by credit card, the offer is accepted by the Seller with the debit of the account connected to the credit card indicated, or, if this has already happened previously, with the shipment of the ordered products with the payment issuance in your favour.
The customer will be informed of the shipment of the products ordered by e-mail as soon as the products have been delivered to the carrier ("Shipping confirmation and conclusion of the contract")
For technical reasons, orders by fax or letter cannot be accepted.
3. Information on the customer's right of withdrawal
This point applies only in the case of a Customer identified as a "Consumer" pursuant to art. 3 of Legislative Decree 206/2005 (Consumer Code) .
The consumer, as by law, has the right to withdraw from the contract, without giving reasons, within 14 days.
The withdrawal period, therefore, expires after 14 days from when the consumer or a third party, other than the carrier and designated by him, acquires physical possession of the goods.
To exercise the right of withdrawal, it is necessary to promptly inform Asteria Pharma Srl (by entering the name, geographical address and, if available, telephone and fax numbers and e-mail address) of the decision to withdraw from this contract through an explicit declaration (for example a letter sent by post, fax or e-mail).
If you withdraw from this contract, the amount paid for the purchase will be refunded, minus the shipping costs, without undue delay and in any case no later than 14 days from the day on which Asteria Pharma Srl was informed of the decision to withdraw from the this contract.
These refunds will be made using the same payment method used for the initial transaction unless expressly agreed otherwise; in any case, no costs will have to be incurred as a result of this reimbursement except, as explained above, for what has already been incurred in terms of shipments. Reimbursement may be suspended until receipt of the goods.
The direct costs of returning the goods will be borne by the consumer.
The consumer is only responsible for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods themselves. The Customer will be responsible for packing the goods during the return. In case of damage to the Product, the return cannot be completed.
The Customer will be responsible for packing the goods during the return.
It should be noted that the supply of sealed goods which are not suitable for being returned for hygienic or health protection reasons and which have been opened after delivery are in any case excluded from the possibility of exercising the right of withdrawal.
If you purchase with a VAT number, you cannot exercise the right of withdrawal.
To make a return, it is necessary to contact the Seller via the contact section on the Site, indicating the order number and date of purchase.
To validly exercise the return, the Products must be returned in the same condition in which they were at the time of delivery, complete with all their parts, components and accessories, labels and packaging, as far as possible using the original packaging, or where not possible, using suitable packaging to protect them from damage or alteration.
Asteria Pharma Srl reserves the right to inspect the Products upon receipt and refuse the refund request if the Products do not comply with the aforementioned requirements.
In the event of transport damage occurring during the return, Asteria Pharma Srl will notify the Customer within five (5) working days of receipt of the goods, allowing him to lodge a complaint with the Courier used for transport.
The damaged goods will be made available for return to the Customer and the request for withdrawal will be canceled at the same time.
Consequences of withdrawal
If the customer withdraws from this contract, the Seller must reimburse the customer for all payments received, excluding shipping costs, immediately or in any case no later than thirty days from the day of receipt by the Seller of the communication relating to the withdrawal from this contract .
The Seller may suspend the refund until the returned products have been received.
The returned goods must be kept in the original packaging or duly repacked, and must be sent no later than 14 working days from the date of receipt of the goods by trusted carrier at our logistics, to the following address:
Orlandi Farmaceutici srl – SS87 Km.20,500 – 81025 - MARCIANISE (CE)
The term is considered respected if the products are shipped before the expiry of the 14-day term.
The costs of returning the products are borne by the Consumer.
Pursuant to the applicable legal provisions on consumer protection, provided the parties have not agreed otherwise, the right of withdrawal does not exist for contracts for the sale of customized products, for the production of which the choice or personalized preference of the customer is decisive. consumer, or made for particular consumer needs.
Damaged products or in packages that are not duly sealed will not be reimbursed and the damage will not be attributed to the courier but to the customer.
DISCOUNT CARDS do not enjoy the right of withdrawal or refund.
4. Prices / availability / delivery restrictions
The prices indicated are all inclusive of VAT.
Shipping costs for Italy are always included, however surcharges may be applied in case of shipments to one of the particular destinations listed in point 11 of these GCS.
5. Terms of payment
5.1 Accepted Payment Methods / General Provisions
Purchases made on asteriapharma.com they are safe and guaranteed and can be done in different ways:
- Paying with Shopify Payments using your credit, debit, prepaid card;
- Payment with Cash on delivery (there is a supplement of 5 euros);
- Payment by bank transfer (you will receive all the payment information after confirming your order);
- Payment through Paypal platform
- Payment by installments with Scalapay, using your credit card, debit card, etc;
5.2 Shopify Payments
When paying through Shopify Payments by credit, debit, prepaid or debit card, the charge is made before the products are shipped. The following card circuits are accepted: Visa, MasterCard and American Express.
5.3 Bank Transfer
In the case of advance bank transfer, the relative Shipping Confirmation will be sent as soon as the credit has been verified on the Lender's current account. This may take a few more working days. In no case will Asteria Pharma Srl accept the CRO and/or payment slips as guarantee of the bank transfer made to anticipate the fulfillment of the order. Any bank transfer costs are the sole responsibility of the user. It is possible to pay for the order by bank transfer to the following bank details:
ASTERIA PHARMA SRL
Bank: Unicredit Spa
PayPal is a fast and secure payment system used and widespread by most e-commerce sites.
Once this payment method has been selected, the system communicates directly with PayPal in total safety therefore Asteria Pharma Srl, as in the case described above, never becomes aware of the data relating to the payment method.
The amount will be charged directly to the payment method associated with the PayPal account. The amount of the order will be charged to the PayPal account at the time of order acquisition.
In case of cancellation, the amount will be refunded to your PayPal account.
Thanks to payment in installments with Scalapay, your purchases on ASTERIA PHARMA are no longer a luxury. Thanks to the partnership with Scalapay, you can choose to pay all our products in comfortable installments and without interest! How does it work?
1) Choose Scalapay at checkout
2) Register on Scalapay
3) Confirm your order
4) Buy now and pay for your order in 3 easy installments
If you buy with scalapay, you receive your order immediately and pay in 3 instalments. You acknowledge that the installments will be transferred to Incremento SPV Srl, related parties and their assignees, and that you authorize this transfer.
In case of problems with the financing method, overdue installments, error in the account creation phase, change of payment method, contact scalapay assistance on https://scalapay.zendesk.com/hc/it/requests/new
6. Terms of delivery
Delivery term: the ordered products will be delivered within 3-4 working days (standard measures). We invite the customer to take into consideration that the estimated shipping and delivery times of the products are purely indicative and cannot be totally relied on. Delivery will be made to the address indicated by the customer. This must be in Italy or in an EU country where ASTERIA PHARMA ships. The customer will be informed of the shipment via e-mail. The shipment will be made through third party logistics services. If the customer is a consumer in accordance with the applicable legal provisions, the risk of loss or damage to the product is transferred to the consumer only when the latter, or a third party designated by him and other than the carrier, physically takes possession of goods. If, on the other hand, the customer is a professional pursuant to the applicable legal provisions, from the moment in which the Seller has delivered the product to the carrier, the latter is released from the obligation to deliver and the risk for any damage to the ordered products is transferred to the customer. The Seller is entitled to make partial deliveries where this is acceptable to the customer. If partial deliveries are made, the additional shipping costs will be borne by the Seller.
7. Acceptance of products
For the shipment of the goods, the Seller relies on third-party logistics services. If the shipped products are delivered to the customer damaged, the Seller invites the customer to act as follows: if possible, communicate the damage directly to the Company. The customer has the right to refuse delivery of damaged products or to send them back to the Seller. In this regard, the customer is invited to use the withdrawal form shown in this document. For further doubts and/or information, contact the company at the following email: email@example.com
8. Retention of title
The Seller reserves ownership of all products supplied until full payment of the relative price. In order to assert this right, the Seller is entitled to demand the immediate return of the goods subject to retention of title excluding any rights of retention, unless these are undisputed or legally established claims.
9. Liability for defective products - commercial guarantee
In case of lack of conformity of Products sold by Asteria Pharma Srl, the Customer must immediately contact customer service at the addresses indicated on the Site.
All Products sold by Asteria Pharma Srl are covered by the manufacturer's standard warranty and by the 24-month warranty for lack of conformity, pursuant to Legislative Decree 24/02.
To use the warranty assistance, the Customer must keep the receipt (or the invoice-receipt) that he will receive in the package, attached to the purchased Product. The manufacturer's standard warranty is provided in the manner described in the documentation inside the Product packaging.
. The warranty does not cover normal wear and tear, cuts, nicks or scratches, damage caused by knocks or accidents. Unless otherwise indicated, warranties do not apply to products placed or used in outdoor or humid environments. The warranty does not apply to consequential or incidental damages. Warranty rights are limited to the first purchaser of the product and are not transferable.
10. Delayed payment / right of retention
The Seller is also authorized to charge, in the event of late payment, the default interest established by law, equal to an increase of five (5) percentage points of the basic interest. The right to formulate further claims for compensation for damages deriving from non-fulfillment is not excluded, in addition to the request for payment of reminder fees and/or credits for default interest. The customer only has a right of retention (i) if this is based on the same contractual relationship; and/or (ii) where the claims based on which the lien is asserted have not been contested or have been legally established. For professionals, a statutory default interest equal to an increase of eight (8) percentage points on the reference rate and the exclusion of retention rights in accordance with the applicable legal provisions applies, unless the claims on the basis of which the right of retention is asserted have not been contested or have been legally established. In the event of a breach by the customer of these general conditions of sale, our failure to exercise the right to act does not represent our waiver to act for the breach of the obligations assumed by the customer.
The Provider delivers throughout the EU, with an increase in shipping costs for particular locations of which we report some examples: Cyprus (CY), Livigno (IT), Campione d'Italia (IT), Italian waters of Lake Lugano included in the stretch Ponte Tresa (IT) and Porto Ceresio (IT), Mount Athos (GR), Heligoland (DE), Busingen territory (DE), overseas departments (Guadeloupe, French Guiana, Martinika, Reunion)(FR), Canary Islands (ES), Ceuta (XC), Melilla (XL), Channel Islands (GB), Aland Island (FI), Principality of Monaco (FR), Isle of Man (GB), Akrotiri (GB) and more.
11.1 Variation of shipping costs
If ASTERIA PHARMA decides to make the shipment of the purchased goods "free" for all Users of particular Countries, specified from time to time and for a specific time, this will be indicated in the promotional banners that the Customer/User will view on the site or will be advertised via email communication. The relative cost, equal to zero, of the shipment will also be indicated at the conclusion of the purchase procedure in the total calculation of the price to be paid. Any different methods of calculating or exempting shipping costs may be identified to compensate for any returns and will be agreed in writing by ASTERIA PHARMA by mail with each individual Customer. Any different method of agreement will have no value between the parties.
11.2 Any additional costs
If the goods ordered are to be delivered outside Italy, there may be import duties and/or taxes, payable once the order reaches the specified destination. Any additional cost of customs clearance will be the sole responsibility of the user. Any customs duties and/or customs clearance costs are not foreseeable, as they vary according to the legislation applicable in the country of receipt of the goods, and will be the sole responsibility of the user. In such cases, please contact your local customs office for further information.
The promotions on the products on sale will be displayed directly under each single product with an indication of the initial price, the discount applied and the final discounted price (discount on the catalog price). Further possible promotions will be applied directly to the price visible in the cart. ASTERIA PHARMA may freely decide to apply discounts to particular categories of products on sale valid for all Customers. It may include further discounts and affiliation and promotion coupons which, ONLY if indicated, can be combined with the further discounts present and advertised on the site. If a promotion is active, the Customer will be required to check the terms and conditions as indicated on the "Promotions" page. The specific indications above are assumed to have been read and known by the Customer who accepts and purchases with the promotional discounts.
Asteria Pharma Srl makes use of the law on electronic commerce for tax purposes.
Operation for VAT purposes not subject to the obligation to issue an invoice Art. 22, C.1, N. 1 DPR 633/72 and not subject to the obligation of tax certification Art. 2, Lett. 0, DPR 696/96
For each purchase made and processed, an invoice will be issued only if requested at the time of the order , a regular invoice is issued in the name of the customer as required by the aforementioned law. The payment of the invoice is considered fulfilled as it must be previously made during the payment procedure with PAY-PAL, bank transfer or other agreed upon.
The purchase tax invoice, if requested by the buyer at the time of purchase, is sent online in pdf format, within 10 days from the date of purchase to the e-mail address from which it is requested.
If an invoice is not requested at the time of the order, the aforementioned law for electronic commerce will be applied. Invoices requested after the purchase will not be issued in any way.
Asteria Pharma Srl is not responsible for any problems that may arise during the tax certification.
14. Applicable law and place of jurisdiction
ITALIAN law applies to contracts stipulated under these conditions and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This choice of applicable law applies to the extent that it is compatible with the mandatory consumer protection provisions of the State in which the customer habitually resides. For professionals, the place of performance and jurisdiction for any disputes is Naples.
The European Commission provides a platform for online dispute resolution, which you can access via this link: http://ec.europa.eu/consumers/ord/.
15. Modifications to the general conditions of sale
ASTERIA PHARMA reserves the right to modify the site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The user will be subject to the policies and terms of the General Conditions of Sale in force from time to time when he orders products, unless any changes to these policies and these terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders previously placed). If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
In case of breach by the user of these General Conditions of Sale, failure by ASTERIA PHARMA to exercise the right to act against the Customer does not represent a waiver by the provider to act for the violation of the obligations assumed by the user .
Pursuant to article 1341 of the Civil Code, the Client declares to have read and specifically accepted the following articles of these General Conditions.