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Legal information

Safeguard of personal information.

Fitoben Srl communicates that personal information provided when filling the “personal data” form or in every other occasion is subject to the regulation of Law n. 196/2003.

Such data remain at the disposal of the consumer for verification, modification or deletion and for every other action acknowledged by articles 7, 8, 9 D.Lgs 30 June 2003, n.196.

Personal information will be inserted in an anagraphic archive after the first order or after registration and an ID code and a password will be assigned. Its preservation is mandatory for following actions.

Referring to those data, Fitoben Srl states that:

• The collection and treatment of customer information are necessary if the client wants to order products or access particular services (in this case a denial from the customer would make the approval of the order or the access to the service impossible), in any other case they will be optional;

• Customer information will be managed in written form and by electronic, telematic, magnetic means or on paper; its treatment will occur with regard to contractual needs, including payment  and shipment of the ordered products, in order to fulfil legally mandatory requirements and, only in case of explicit consent, for the sake of interactive promotional and commercial information and market research;

• Customer information could be transmitted to the employees of the Azienda of Fitoben Srl;

• Customer information will not be spread or shared with not employed third parties with the exception of the subjects necessary and functional to Fitoben Srl’s contractual activity: banking institutions for payments management, shipping agents for transportation of purchased products to the place chosen by the customer, third parties offering activities and performances necessary to the implementation of the services the customer will have authorized or requested from Fitoben Srl.

 Fitoben Srl Via Tadino, 52 -20124 Milano Registro delle imprese di Milano PI 10842450156 is entitled and responsible of the treatment.

The “affected”, namely the natural persons, the juridical persons, the organisations or the associations who own the data have the right, anytime they want, to obtain confirmation of the existence or non-existence of said data and to know their content and origin, to verify their accuracy or to request their integration or update, or their modification according to article 7 of D.Lgs. 30/06/2003, n.196. According to the same article, the affected have also the right to request the deletion, the transformation in anonymous information or the interruption of their data, treated illegally, as well as the right to oppose, for legal reasons, to their treatment.

Terms of sale

The present terms of sale refer to distance selling (through Internet, telephone or catalogue) of Fitoben products. Sales are regulated by D.Lgs. 6 september 2005 n.206 and, for what concerns Internet sales, by D.Lgs. 9 april 2003 n. 70.

How to order

Orders can be made through the following links: www.fitoben.it or www.fitoben.com.

Products prices – Products availability – Delivery costs

All products prices (I.V.A. included) are shown on the site. Such prices are valid for Italy. In case of temporary unavailability of ordered products, Fitoben will inform the user before he proceeds with the purchase. The shown prices are exactly the ones the Client has to pay.  Delivery costs are €7.50 if the order is worth less than €29. The delivery will be free in case of orders worth at least €29. An invoice will be issued and e-mailed to the Client for every accomplished purchase.

Payments

The Client can choose among the following payment methods

  • credit card: we accept the principal italian credit cards
  • Pay Pal
  • Bank transfer n. IT 44 M 03111 01614 0000 0000 0528

Delivery

Ordered products will be directly delivered trough a courier to the address specified by the Client.
The delivery will normally take 3-5 working days from the reception of the order. In case of absence, the buyer or the addressee of the ordered products will receive an advice with which they will be able to contact the courier and settle a new delivery. It is possible to deliver products to a third person when indicated by the buyer or the addressee of the products.

If the courier will not be contacted, he will carry out a second delivery within the two working days after the first attempt. If it has not been possible to deliver the pack for the second time, the recipient will receive an advice with the address of the headquarter of the courier. He will then have one working week to collect the pack from there. At the end of this timeframe the pack will be sent back to Fitoben and the buyer will receive a refund of  the amount of the order without the delivery costs.

When the pack appears to be delivered in the courier’s systems, it is impossible to raise a complaint concerning the delivery.

Warranty

“Fitoben guarantees its products according to art. 128 and segg. del Codice del consumo”

Withdrawal

“In every case, the clients can apply their withdrawal and return the products on their own and at their expense within 10 days through simple parcel post with an average cost of €9. The client can also partially withdraw from the order.”
Fitoben will refund, within 10 days from the reception of the products or from the proof of their expedition, the amount of the order including the standard delivery costs (with the exception of supplementary costs deriving from the client’s choice) but will not repay the sum until the products will have been received or their expedition will have been proved by the Client.
Refunds will be carried out through credit card or bank account crediting. In case of partial withdrawal, delivery costs will be refunded proportionally.
In order to exercise your withdrawal right, you are required to inform Fitoben SRL about your withdrawal decision through an explicit declaration (for instance registered mail, fax or email). In order to exercise the withdrawal right it is only needed to send said declaration before the withdrawal deadline.

Withdrawal effects

If you withdraw from the contract, all the payments towards us will be refunded, including all the delivery costs (with the exception of additional costs deriving from your potential selection of a type of delivery different, and more expensive, from our standard one), without undue delay and in any case within 10 days from the reception of the products or from the proof of their expedition. Said refunds will be carried out through credit card or bank account crediting; in any case you will not have to bear any cost as a consequence of the refund. The refund can be suspended until the reception of the products or until the demonstration of their expedition. You are asked to send the products to Fitoben Via Regina Teodolinda, 1 – 20132 Milano without undue delays and in any case within 10 days from the communication of the withdrawal from the contract. The term will be respected if the products are sent before the 10 days deadline. Direct costs of expedition will be your responsibility. You will also be responsible of the decrease of the value of the products resulting from a use of the goods different from the one necessary to determine their nature, characteristics and functioning.

Communications and complaints

In case of communications and complaints you can contact FITOBEN: assistenza@fitoben.it – Tel: +39 02 2567136

Responsibility

Fitoben, when unable to execute the contract within the agreed schedule, will not assume any responsibility for inefficiencies due to Force majeure of every nature and genre. The Client expressly recognizes that the responsibility of the supplier for any service default is limited and that it can not exceed the sums given by the Client regarding the implementation of the service itself. It is explicitly excluded any higher damage, loss, cost or expenditure. The responsibility of the Supplier is excluded for any potential disservice and/or damage that might harm the client, if not attributable to him, or, in any case, for delays due to malfunctioning, absence or irregularity of the information transfer or other reasons beyond his control including, without limitation, delays or malfunctions of the system, interruptions or lack of Internet connection or interruption, suspension, malfunction of network nodes, interruption, suspension, malfunction of the electric or postal service; responsibility is therefore excluded for personnel’s strike, wherever it may be; for obstacles or restrictions established by legal provisions or by the national or international authority; for judicial measures or acts or facts made by third parties; for other causes not attributable to the Supplier and, in general, for every obstacle and impediment that can not be overcome by the Supplier via the standard due diligence concerning the nature of the activity under consideration.
The Supplier has the right of interrupting the connection service to the E-commerce Portal in any moment for technical reasons, for reasons related to the efficiency and security of said services or for supervision measures. The Supplier will therefore not be held responsible for the consequences of potential interruptions or suspensions.

The Client acknowledges that he will not be allowed to externally reproduce, publish or distribute the content of Fitoben.com or Fitoben.it. It is expressly forbidden the utilization by someone different from the Client and/or the dissemination to the public, in every way and on every device, of information, data, services provided to the Client as well as their elaboration, modification, sale, integration, duplication, transmission, association with other data/information and manipulation.

After having finished the purchase procedure online the Client is committed to print, save or, in any case, to keep the occurring Conditions as well as the communication of the acceptance of the order carried out on the site and received through e-mail, according to artt. 52 and 53 of Dlgs 206/2005 on distance selling.
It is forbidden to the Client to insert false and/or fictitious data when signing up for the site. In any case, the Client is held responsible for the statement of false data. The Client undertakes to maintain the Supplier unharmed from every responsibility deriving from the issuing of incorrect tax documents caused by a wrong indication of the Client himself. The client undertakes to provide the Supplier, after an explicit request sent via e-mail to the Client, with a copy of the Identity Card and/or fiscal code. The failure to comply with this obligation results in the termination of the contract from the Supplier.

Termination of the contract

The obligations taken by the Client as well as the obligation to pay have essential nature. The non-compliance of the Client of even one of said obligations will therefore result in the termination of the contract ex art. 1456 c.c. without the need of judicial action, excluding the right of the firm to take legal action for the compensation of additional losses.

Relevant Law

The occurring contract is regulated by the Italian Law. For the solution of civil and penal litigations deriving from the termination of the occurring contract, the chosen exclusive court is the one of Milan. In case the Customer is a consumer, a physical person purchasing goods for reasons not related to his profession, namely he does not indicate his partita IVA, the chosen court is the one of his municipality of residence.