Terms and conditions

TERMS AND CONDITIONS OF SALE

FOREWORD
These general conditions relate to the purchase of products made at a distance by means of computer network through the site www.hopispharma.com with registered office HOPISPHARMA SAS DI BERTAZZONI DR ENRICO Via Della Previdenza Sociale n 3 42124 Reggio Emilia VAT No. 02499330351 - Reggio Emilia Chamber of Commerce Register of Companies - Registration number: RE- 287013.
Purchase transactions will be governed by the provisions of Legislative Decree 206/05, while the protection of confidentiality (privacy) will be subject to the discipline of Legislative Decree 196/03.
These general conditions are valid as of 4/11/2020. They may be updated or modified by HOPISPHARMA SAS at any time, without notice, and will be valid from the date of publication on the website www.hopispharma.com.
The consumer undertakes and is obligated, whenever there is a change in these general conditions, to review them and if he/she deems it appropriate to arrange for their printing and preservation.
Online sales contract means the distance contract entered into between a supplier, www.hopispharma.com with registered office HOPISPHARMA SAS Via della Previdenza Sociale n3 Reggio Emilia , and a consumer customer, within the framework of a distance selling system organized by the supplier, i.e., the legal transaction having as its object movable goods and/or services, which for this contract employs exclusively the distance communication technology called the Internet.
A consumer is a natural person who purchases goods and services for purposes not directly related to his or her professional activity, if any.

Art. 1: ACCEPTANCE OF CONDITIONS OF SALE
1.1 The conditions stipulated in the foreword are an integral and essential part of this contract.
1.2 All contracts will be concluded directly through access by the Customer (business and private) to the website corresponding to the address www.hopispharma.com. At this point the Customer will be able to conclude the contract for the purchase of the desired product by carefully following the directions and procedures provided.
1.3 These general conditions of sale must be examined online by the customer, prior to the completion of the purchase procedure. The submission of the order confirmation therefore implies full knowledge of them and their full acceptance.
1.4 The customer, by telematically sending confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with HOPISPHARMA SAS , the general and payment conditions set out below, declaring that he has read and accepts all the indications provided by him in accordance with the above rules, also noting that HOPISPHARMA SAS does not consider itself bound by different conditions unless previously agreed in writing.

Art. 2: SALE PRICES AND PURCHASE METHODS
2.1 All sales prices of the products displayed and indicated within the website for which HOPISPHARMA SAS publishes pursuant to Article 1336 of the Italian Civil Code, are inclusive of VAT and any other taxes.
2.2 The total cost of shipment up to the customer's domicile shall be borne by the customer, except where otherwise specified. This cost will, in any case be made known to the customer before the confirmation of the purchase.
2.3 The purchase contract is finalized by the exact completion and consent to purchase manifested through the membership given online.
2.4 The customer may pay for the ordered goods using the payment methods indicated online at the time of purchase.
2.5 The prices of any different types of transportation are based on weight, bulk and delivery destination.

Art. 3: DELIVERY METHODS.
3.1 HOPISPHARMA SAS will deliver to customers, at the address indicated by the customer, the products selected and ordered, in the manner provided in the preceding article, by couriers.
3.2 The goods purchased will be delivered within the terms provided for in art. 6 Legislative Decree 206/05. No responsibility can be attributed to the supplier for delayed or non-delivery attributable to force majeure or fortuitous events.
3.3 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after such verification, and subject, of course, to the right of withdrawal provided for in paragraph No. 8, the customer must sign the delivery documents.
3.4 Upon delivery of the goods, the customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancy, the same must be reported on the same accompanying document and confirmed within ten days by fax to 0522829794 or registered mail to HOPISPHARMA SAS DI BERTAZZONI DR ENRICO Via Della Previdenza Sociale n°3 42124 Reggio Emilia . Although the packaging is intact, the goods must be checked within seven days of receipt. Any hidden anomalies, must be reported in writing by fax or registered mail with return receipt. Any report beyond these terms, will not be taken into account. For each statement, the customer assumes full responsibility for what is declared.
3.5 Home delivery, unless otherwise agreed upon in writing between the parties, will take place on the ground floor and during office hours: 8:30 a.m. to 1 p.m. and 2 p.m. to 6 p.m., every day, non-holiday, Monday through Friday.
3.6 The customer is required to make himself or herself available at the times described in 3.4, in order to avoid any additional charges for non-delivery by the express courier, charges which will otherwise accrue to the customer.
3.7 HOPISPHARMA SAS in is not responsible for damage caused by the carrier to the purchased products.

Art. 4: PRODUCT AVAILABILITY
4.1 The customer may purchase only those products currently in the electronic catalog visible online at (URL) www.hopispharma.com. Should the request made through an on-line order exceed the quantity available for a given item www.hopispharma.com will accept the purchase limited to what is actually available in its virtual warehouse. It will be the responsibility of Customer Service www.hopispharma.com to let the customer know (via telephone or e-mail) whether or not the products ordered will be available in the future.

Art. 5: RESPONSIBILITY.
5.1 HOPISPHARMA SAS assumes no responsibility for disruptions in service attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, the execution of the contract within the agreed time frame.
5.2 HOPISPHARMA SAS shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the above causes, the consumer being entitled only to a refund of the price paid.
5.3 HOPISPHARMA SAS is not responsible for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for products purchased.
5.4 HOPISPHARMA SAS at no time during the purchase process is able to know the buyer's credit card number which, via a secure connection, is transmitted directly to the bank service provider.

Art. 6: OBLIGATIONS OF THE PURCHASER.
6.1 The consumer agrees and undertakes, once the online purchase procedure is completed, to print and keep these general conditions, which, moreover, will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set forth in Articles 3 and 4 of Legislative Decree 206/05.
6.2 These general conditions may be updated or modified at any time by HOPISPHARMA SAS, which will provide notice through its website. The consumer undertakes and is obliged, whenever there is a change in these general conditions, to ensure that they are printed and preserved.
6.3 It is strictly forbidden for the purchaser to enter false, and/or invented, and/or fictitious data in the registration procedure necessary to activate in his regard the process for the execution of this contract and its further communications; the personal data and e-mail must be exclusively his own real personal data and not of third persons, or fictitious.
6.4 It is expressly forbidden to make double registrations corresponding to one person or to enter data of third persons. HOPISPHARMA SAS reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
6.5 The Customer releases HOPISPHARMA SAS from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the Customer, the Customer being solely responsible for their correct entry.

Art. 7: AUTHORIZATIONS.
7.1 By filling in the appropriate space, present on the website, the Customer authorizes HOPISPHARMA SAS to use their credit card, or other card issued in its place, and to debit their bank account in favor of HOPISPHARMA SAS the total amount highlighted as the cost of the purchase made "on-line". The entire procedure is done through a secure connection directly connected to the bank that owns and operates the on-line payment service, which HOPISPHARMA SAS cannot access.
7.2 Should the consumer avail himself/herself of the right of withdrawal, as articulated in Section 8 of these general conditions, the amount to be refunded will be credited to the same credit card.

Article 8: CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE.
8.1 HOPISPHARMA SAS has the right to terminate the contract entered into by giving simple notice to the customer stating the reason; in this case the customer will be entitled only to a refund of any amount already paid.
8.2 The obligations assumed by the customer referred to in art. 7 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer makes by the means referred to in art. 2, have an essential character, so that by express agreement, the failure by the customer to comply with only one of these obligations will result in the legal termination of the contract pursuant to art.1456 c.c., without the need for judicial pronouncement, without prejudice to the right for HOPISPHARMA SAS to take legal action for compensation for further damage.

Article 9: JURISDICTION AND COURT OF JURISDICTION.
9.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into online through the website www.hopispharma.com is subject to Italian jurisdiction; these general conditions refer, for what is not expressly provided for therein, to the combined provisions of Legislative Decree no. 50 of 15.1.1992 and Legislative Decree 206/05.
9.2 For any dispute between the parties regarding this contract, the Court in whose district the consumer is domiciled shall have jurisdiction; for all other customers (foreign ones or companies) it is agreed that any dispute shall be the exclusive jurisdiction of the Court of Reggio Emilia.