Terms and conditions of sale

These Terms and Conditions govern the sales of products on the Site pharmaflex.com and govern its use. The Seller reserves the right to change these Terms and Conditions and the Privacy Policy from time to time, for example as a result of changes in legislation or regulations or in the functions of the Site. The aforementioned changes will be made known to Users through the Site with a special notice and for the duration of 10 (ten) days from the date of the change. The online sale of products on the Site is governed by the rules of the Consumer Code D.lgs. n.206/2005 and the Electronic Commerce Code D.lgs. n.70/2003. The following are the Terms and Conditions of Sale applicable to any Product sold on the Site.

 

ARTICLE 1 DEFINITIONS

For the purposes of this contract:

Vendor: PHARMAFLEX S.R.L., State Road 85 Venafrana No. 230, 86079 Venafro (IS), VAT No. 01000390946, email: [email protected]

Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.

Platform or Site: the pharmaflex.com Site.

Users: any individual who accesses the Site and continues browsing it

Customer: any person who purchases products sold through the Site.

Consumer: the natural person acting for purposes unrelated to professional activity

or entrepreneurial.

Professional: the natural or legal person acting in the exercise of his or her entrepreneurial and commercial activity and purchasing with VAT number.

Products: retail sale, under Electronic Commerce, mainly of Pillows, Toppers, Orthopedic Mattresses and the like.

Purchase Order or Order: the proposed purchase made by the User through the procedures of the Site and in particular through the Shopping Cart.

Purchase: the onerous purchase of the above products from the day the purchase is concluded.

Shopping Cart: the stage of the purchase procedure in which the User formulates his or her purchase proposal, selecting the method of payment, delivery of goods and the like.

 

ARTICLE 2 SUBJECT.

These Terms and Conditions of Sale cover the products referred to in Article 3 below and are valid between the Seller and any User who makes, as a Consumer under current regulations or as a Professional, a purchase on the Site. If any of the conditions is found to be null and void or ineffective, any nullity or ineffectiveness shall not extend to the remaining clauses of these terms and conditions.

 

ARTICLE 3 DESCRIPTION OF PRODUCTS

The Site is engaged in retail sales, under the Electronic Commerce regime, mainly of Pillows, Toppers, similar orthopedic mattresses. The Seller offers the possibility of customizing certain products and in such case it will be the Customer's responsibility to carefully and accurately take the measurements he/she needs because returns will not be possible for such items. All products offered are described and illustrated within the Site, in their respective sections. The images of the Products on the Site are for demonstration and illustrative purposes and are represented as best as possible. However, some errors, inaccuracies or minor differences between the graphic/photographic representation of the Product and the actual Product may become apparent. Therefore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are merely and symbolically representative of the Product bought and sold. Given this particular mode of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if considerable.

 

ARTICLE 4 PRICES AND INCIDENTAL EXPENSES

The prices of the Products are displayed in euros. Specifically, the cart will detail:

- the price of the Product;

- delivery charges.

Prices in the online store are subject to change. In such cases, the prices published at the time of the Order on the online store are considered.

 

ART. 5 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE

The User may purchase all Products offered for sale within the Site, as described in the relevant information sheets, by following the purchase procedures provided in the Site itself. When purchasing the Products, the Customer must follow all the instructions contained on the appropriate page of the Site. For the purchase of the Products, the Customer shall complete and send to the Seller the Purchase Order form in electronic format, following all the instructions contained on the appropriate page of the Site. He/she will find a summary of the main commercial conditions, including price, means of payment and mode of delivery, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must put the Product he/she wishes to purchase in the appropriate "Shopping Cart" and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy, he/she must select the desired method of payment and proceed with payment

The applicable Terms and Conditions are those in effect at the time of the Order and can be found on the Site. The contract entered into between the Seller and the Customer shall be deemed concluded with the acceptance of the Order, by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the email address provided. The Seller reserves the right to evaluate the acceptance of orders received and may reject or otherwise not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or that result in delivery of the ordered Products to certain inconvenient geographical areas. The Seller will notify the Customer of any inability to accept orders received in the shortest possible time starting from the time the Customer has transmitted the Order and will refund any sums already paid by the Customer for payment of the Products. Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an Order by the Seller is excluded.

 

ARTICLE 6 MODE OF PAYMENT 

The payment methods available on the Site are as follows:

1) PayPal

If the Customer chooses to pay through the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or by creating a new account easily and immediately.

2) PagoLight and Klarna

The Customer may choose to pay in installments with PagoLight and Klarna services according to the rules established by them.

3) Marking

The Customer may pay their Order by cash on delivery for orders not exceeding €300.00 excluding mattresses. This payment method involves an additional charge of €5.00. Upon delivery of the Product, the Customer will pay the total amount of the Order directly to the courier EXCLUSIVELY in cash.

 

ARTICLE 7 PRODUCT SHIPMENT AND DELIVERY TIMES

Ordered products will be entrusted to the courier in 3-6 working days. For customized products, the timeframe is at least 10 business days. The Seller will deliver the purchased Products by specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays. The Products entrusted to the courier in Italy are indicatively delivered from 3-6 working days (within 7 working days in inconvenient areas and islands). At the time of shipment of the products will be sent, via email, the tracking number that will allow you to follow the entire path of the shipment by going to the Site of the carrier. At the time of delivery, the Customer acknowledges and accepts that it must be present or must be present a person expressly delegated by him with exoneration of all responsibility of the seller. The Customer immediately upon delivery shall check that the Products received correspond to what was purchased. In the event that a product arrives that has been damaged in transit or different from what was ordered, the Customer must carefully document the goods with photographs so that any damage can be proven by contacting our customer service immediately. If damage is confirmed, the Seller will resend the corrected product and collect the product to be replaced from the Customer's home and at the Customer's expense. The Customer will have to follow the arrangements sent by customer service for the eventual collection of the goods. In any case, he/she will be contacted as soon as possible by the Seller to be informed about the timing of the product replacement.

 

ART. 8 RIGHT OF WITHDRAWAL

All purchases made by the Customer at the Site are covered by the guarantee of the right of withdrawal, which gives the opportunity to return, for any reason, the purchased product and to obtain a refund of the expense incurred (of the purchase of the product) within 14 days from the date of delivery.

In order to exercise this right of withdrawal (within 14 days from the date of delivery), the Customer must contact our customer service notifying that he/she wishes to withdraw all or part of the purchase. The merchandise to be returned, for right of withdrawal, must be CLOSED and NEVER USED and then returned to our reference warehouse in its original packaging at the Customer's expense. Failure to do so will result in forfeiture of the product refund. No cash-on-delivery packages will be accepted.
For mattresses, the Seller will arrange for pickup and the Customer must reuse the appropriate envelope of the original package received at the time of delivery.
Upon receipt of the goods, once the integrity of the returned Product has been verified, no later than 14 days, the Seller will refund the cost of the goods shipped. Excluded from the refund are expenses incurred in returning the goods.

Finally, without prejudice to the foregoing, please note that the Customer is responsible for any diminution in the value of the Products resulting from any handling of the goods other than what is necessary to establish their nature, characteristics, and operation.

The Customer expressly acknowledges and agrees that:

- the right of withdrawal does not apply to products received more than 15 working days (in which case the return of the goods will be refused).

- the right of withdrawal can not be exercised if the purchased products have been used, assembled even partially.

- the right of withdrawal is excluded in the case of the purchase of custom-made or personalized products commissioned by the Customer.

- the right of withdrawal is excluded in the case of the purchase of packaged and sealed products that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery.

The right of withdrawal is also recognized under the same terms and conditions for Professional Customers (purchase with VAT number).

 

ARTICLE 9 LEGAL WARRANTY

The Consumer Customer has the right to the legal warranty of 24 months in accordance with Legislative Decree No. 206/2005 and its subsequent amendments. In the event of receipt of Products that do not conform to orders or are defective, the Customer must notify the Seller by e-mail to support@ pharmaflex.com, accompanying any photographs and details. In order to take advantage of the warranty, it is necessary to show the purchase documents.

In case of lack of conformity of the good, the consumer has the right:

- To the restoration of compliance,

- Or to the proportional price reduction,

- Or to the termination of the contract.

For the purpose of restoring the goods to conformity, the consumer may choose between repair and replacement, provided that the chosen remedy is not impossible or excessively burdensome for the seller taking into account:

- Of the value of the asset in the absence of the defect,

- Of the extent of the defect,

- Of the possibility of exhausting the alternative remedy without inconvenience to the consumer.

The consumer has the right to proportional price reduction or termination of the contract:

- If the seller has failed to repair or replace the good,

- If a lack of conformity becomes apparent despite an attempt to restore the good,

- Whether the lack of conformity is so serious as to warrant price reduction or termination,

- If the seller has stated or it appears from the circumstances that he will not restore conformity within a reasonable time.

The consumer does not have the right to terminate the contract if the lack of conformity is slight and it is up to the seller to prove it.

The consumer is entitled to a price reduction proportional to the decrease in value of the good.

If the contract is terminated, it is exercised by direct declaration to the seller. If the lack of conformity concerns only some of the delivered goods, the contract may be terminated limited to them. In case of termination, the consumer:

- must return the goods to the seller at the seller's expense,

- the seller shall refund to the consumer the price paid for the goods upon receipt of the goods or evidence provided by the consumer as to whether the goods have been returned or shipped.

If the Customer is a Professional, he is not entitled to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, whereby in the case of defects in the Products sold that make them unfit for use or that are such as to appreciably diminish their value, the same may request a reduction in price or termination of the sale in the cases provided for by the same Civil Code and to this end he must notify the Seller of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.

In order to exercise the Legal Guarantee on mattresses, it is clarified that:

 General Warnings

- Upon delivery, check the integrity of the device. If there is any damage (seams or spillage) report it immediately to the Customer Service contacts.

- Please consult this manual before use.

- No modifications to the product are allowed.

- In case of an accident related to the device, report the incident to the manufacturer and the authority as soon as possible.

- No contraindications have been found except in cases of established sensitivity to the component materials. Although the device is indicated for the prevention of decubitus, it cannot control all factors that promote its occurrence.

Methods of Washing and Ironing

Directions for lining

Washing:

- maximum washing temperature 30°;

- Mechanical action, normal rinsing and centrifugation;

- Does not tolerate chlorine treatment.

Ironing:

- Maximum temperature of iron sole: 150°C, interpose damp cloth;

- Dry cleaning with hydrocarbons and trifluorotrichloroethane, using normal procedures;

- Cannot be dried by machine.

The padding should NOT be washed,

NO ironing or rinsing is involved.

Usage and Maintenance Standards

The mattress is the "place" where on average we spend 1/3 of our lives, not sleeping but resting, and therefore it is crucial that it optimally affects rest. By choosing between a spring, latex or Memory Foam mattress, the Customer adapts the product to his or her needs for maximum well-being and natural support. Sometimes an adjustment period, varying from a few days to a few weeks, is necessary for the Customer purchasing a new mattress, at the end of which the product is molded with a slight depression and perfectly accommodates the shape of the body. In order to preserve your Pharmaflex mattress, it is necessary to follow a few simple rules and a few small precautions that will maintain the performance of quality and relaxation over time. Failure to follow the rules of use and maintenance invalidates the warranty, so it is essential to read the directions here carefully:

To be Observed:

- The product is to be used only for its own use.

- Protect the mattress with appropriate mattress covers and covers to prevent staining and to ensure a better level of hygiene.

- Ventilating the bedroom and mattress without covers at least once a week is essential to eliminate moisture.

- Dust removal should necessarily be done with low-powered vacuum cleaners or gentle brush movements.

To Avoid

- Do not jump or stand on the mattress to avoid damage to the structure and padding.

- The product is not designed for outdoor use.

- No rigid elements should be placed between the frame and the mattress.

- Avoid stagnant moisture and subsequent mold growth.

- Prevent liquids from entering the mattress.

Standards Of Warranty On Mattresses

Pharmaflex, guarantees the free replacement of the mattress or its components if defective in manufacture or material, but not as a result of accidental damage or failure to comply with the rules of use and maintenance set forth in this Certificate of Warranty, Therefore it is essential to keep in mind all the cases listed herein in which the warranty is considered void and in curi manufacturer is exempt from any liability for any damage to property, animals or persons:

- Failure to comply with use and maintenance regulations.

- Improper use.

- Modification or alteration of the product or its components.

- Deterioration attributable to normal wear and tear.

- Damage caused by external agents (fire, water, steam, etc.).

- Anomalies, imperfections, or defects originated by the end user such as cuts, tears, seams, holes, or stains in the fabric.

- Mishandling or excessive overloading.

- Repairs made by the Customer or a third party.

- Poor conditions of hygiene and decorum of the product (presence of organic liquids in compliance with Legislative Decree 626/94 to protect the health of workers.

- Warranty does not apply to replacement of handles and lozenge.

- Thus defined of tolerance conforming to the standard:

• Devaluations ≤ 10 mm + 5% of the original height of the mattress.
• Tolerance of +/-2 cm on measurements.
• Any odors emitted from the newly purchased mattress.
• Slight surface marks due to natural wear and tear.

This warranty is valid for 10 years from the purchase of the mattress. In order for this warranty to be effective, the customer must report the presence of defects and faults in writing, accurately and punctually by registered letter with return receipt accompanied by photographic documentation proving the actual non-conformity of the goods. Pharmaflex will provide for the free replacement of the goods exclusively following verification by its own appointee, of the actual presence of the reported and documented flaws/defects. The goods must be returned in the same condition in which they were received except for normal inspection operations. The mattress is guaranteed for three years in the manner specified in this warranty certificate.

Methods of Disposal

For disposal and recycling of the discarded mattress, its components and packaging materials, it is necessary to use the public systems in charge of bulky waste management.

 

ARTICLE 10 "SATISFIED OR REFUNDED" CLAUSE

In case the Customer is not satisfied with the purchased pillows and/or toppers, within 30 from the delivery he/she can request a refund by sending an e-mail to: [email protected].

In case the Customer is not satisfied with the purchased mattress and in case it is not customized, within 90 from delivery he/she can request a refund by sending an e-mail to: [email protected]. After receiving the Customer's request, the Seller will collect the product from the Customer's home and at the Customer's expense. The Customer will only need to prepare the goods for pickup carefully packed and complete with all its parts, including transport documents. The refund will be made in the same payment method chosen by the Customer.

 

ARTICLE 11 FORCE MAJEURE

The Seller does not assume any responsibility for inefficiencies attributable to force majeure that prevented, in whole or in part, the execution of the contract in the expected time. The Seller shall not be liable to Customers for any damages, losses and costs incurred as a result of the non-execution or delayed execution of the contract, the Customer being entitled only to a refund of the price paid.
The Seller shall not be liable for damages resulting from disconnections, interruptions of the Site, as well as the loss of data consequently occurred and attributable to the same.

In case of force majeure the execution of the Order will be suspended. This suspension may last for a maximum period of 3 (three) months, after which after which the Parties may decide whether to continue or cancel the Order.

 

ARTICLE 12 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site (and its content and graphics), trademark, domain name, related sub-domains and all intellectual and industrial property rights relating thereto, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Customer. Therefore, the User or the Customer shall not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties for any reason whatsoever or otherwise use for purposes other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of the Seller.

 

ARTICLE 13 FAILURE TO EXERCISE A RIGHT

The failure of the Seller to exercise a right does not represent any waiver of its right to take action against the Customer or any third party for breach of its commitments. The Seller therefore reserves the right to enforce its rights in any case, within the terms granted.

 

ARTICLE 14 PROCESSING OF PERSONAL DATA (PRIVACY)

The Personal Data provided or acquired will be subject to Processing based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as the Data Controller, processes the Personal Data of the Users by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of Personal Data. The Processing is carried out by means of computer and/or telematic tools, with organizational methods and logics strictly related to the indicated purposes. The User's Data are collected for the execution of pre-contractual measures; to fulfill the obligations arising from the contract entered into; for the registration procedure aimed at the purchase of Products; to follow up on specific requests addressed to the Owner by the User; to send promotional and commercial information and offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications having as object the Products purchased without the need for the express and prior consent of the User, as provided for by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree no.101 of 2018. Therefore, the Customer is invited to carefully read the information on the processing of personal data (Privacy Policy) made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to their processing where required (Cookie Policy).

 

ARTICLE 15 APPLICABLE LAW AND PLACE OF JURISDICTION

These Terms and Conditions are governed entirely by Italian law.

Any dispute arising in connection with the validity, interpretation, performance and termination between the contracts entered into online by the Customer Consumer with the Seller shall be within the exclusive jurisdiction of the court of the place of residence of the Consumer (so-called consumer forum).

Any dispute arising in connection with the validity, interpretation, execution and termination between the contracts entered into online by the Professional Client with the Seller shall be the exclusive jurisdiction of the Court of Isernia.

 

ARTICLE 16 DISPUTE RESOLUTION

According to Article 49 paragraph 1 letter V of Legislative Decree No. 206/2005 (Consumer Code), the Consumer Customer can make use of the Joint Conciliation Procedure (ADR).

Pursuant to Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may file a complaint through the ODR platform of the European Union. For more information contact the Seller. 

 

ARTICLE 17 COMMUNICATIONS

For further information of any kind you can contact the Vendor at the following numbers: [email protected]

Pursuant to articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and accepts all the clauses of these Terms and Conditions of Sale and in particular those of articles 3, 8, 9, 10 11 and 15