GENERAL TERMS AND CONDITIONS OF SALE
Premise
This notice is provided for the website
https://www.phimostop.com/ (hereinafter referred to as the
“Website”), owned by Phimomed S.r.l.s., with registered office at Via Acusilao, 46 – 00124 Rome (RM), Italy, registered with the Rome Chamber of Commerce, VAT No. 12625111005, with a share capital of €4,000.00 fully paid-up (hereinafter referred to as the
“Seller”).
Article 1. Scope of Application
1.1 Any sale made through the Website constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and by Legislative Decree No. 70 of April 9, 2003, regulating electronic commerce.
1.2 These General Terms and Conditions of Sale apply to all sales made by the Seller through the Website. The timeframes indicated are to be understood as business days, excluding Saturdays, Sundays, and national holidays.
1.3 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be effective from the moment they are published on the Website. You are therefore encouraged to regularly access the Website and review the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.4 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.
1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or services by entities other than the Seller that may be present on the Website via links, banners, or other hypertext links. Before engaging in any commercial transactions with such entities, you must verify their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such entities. The Seller does not conduct any control and/or monitoring of the websites accessible through such links and is therefore not responsible for their content or for any errors, omissions, and/or legal violations they may contain.
1.6 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Website, including during the purchase process.
1.7 The submission of a purchase order constitutes acceptance of these General Terms and Conditions of Sale.
Article 2. Purchases on the Website
2.1 Purchases on the Website:
Can be made without registering on the Website.
Are allowed for both consumers and professionals. In accordance with Article 3, paragraph 1, letter a) of the Consumer Code, a consumer is defined as a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may carry out; conversely, pursuant to Article 3, paragraph 1, letter c) of the Consumer Code, a professional is defined as a natural or legal person acting in the course of their entrepreneurial, commercial, artisanal, or professional activity, including any intermediaries acting on their behalf.
2.2 In the event of orders—regardless of their origin—that appear unusual in terms of quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to halt any irregularities.
2.3 The Seller reserves the right to refuse or cancel orders that come from:
A user involved in an ongoing legal dispute with the Seller.
A user who has previously violated the General Terms and Conditions of Sale.
A user involved in criminal activities.
A user who has provided false, incomplete, or otherwise incorrect identification data, or who has failed to promptly submit the required documents to the Seller, or who has submitted invalid documents.
Article 3. Information on Contract Conclusion
3.1 In accordance with Legislative Decree No. 70 of April 9, 2003, which sets out provisions on electronic commerce, the Seller informs you that:
To complete a purchase contract on the Website, you must fill out an electronic order form and submit it to the Seller online by following the instructions displayed on the Website.
The contract is considered concluded when the order form reaches the Seller’s server.
Once the order form has been received, the Seller will send a confirmation email to the address you provided, containing:
– Information regarding the characteristics of the purchase.
– An indication of the total price.
Article 4. Product Availability
4.1 The products offered on the Website are available in limited quantities. Therefore, due to the possibility that multiple users may purchase the same product simultaneously, the ordered product may no longer be available after the purchase order has been submitted.
4.2 The Website provides information regarding the availability of each product.
4.3 You will be informed if the ordered product is unavailable. In such a case, you have the right to terminate the purchase contract pursuant to Article 61, paragraphs IV and V, of the Consumer Code.
4.4 Alternatively, you may choose to:
Accept an extended delivery timeframe (if restocking is possible), offered by the Seller, with an indication of the new delivery date.
4.5 If a refund is requested for a purchase involving products that later became unavailable, the Seller will process the refund within a maximum period of 15 days.
4.6 If you exercise your right of termination under Article 61, paragraphs IV and V, of the Consumer Code, the contract will be considered terminated. If the Total Amount Due—consisting of the product price, any applicable shipping costs, and any additional charges—has already been paid, the Seller will refund this amount pursuant to the provisions set out under “Payment Methods” below.
Article 5. Product Information Sheet
5.1 Each product is accompanied by an information page detailing its main features (“Product Information Sheet”). The images and descriptions available on the Website aim to represent the characteristics of the products as accurately as possible. However, the actual colors of the products may vary from those displayed due to differences in the settings of the computer systems or devices used to view them. Furthermore, product images may differ in size or in relation to any included accessories. Therefore, such images should be considered indicative and subject to normal usage tolerances.
Article 6. Prices
6.1 All product prices published on the Website are inclusive of Value Added Tax (VAT).
6.2 The Seller reserves the right to modify product prices at any time, without prior notice. However, the price charged to you will be the one indicated on the Website at the time the order is placed, and any subsequent price variations (whether increases or decreases) will not be considered after the order has been submitted.
6.3 Any applicable shipping costs, if they exist, will be explicitly and separately indicated on the order form before you proceed to submit it.
Article 7. Purchase Orders
7.1 The Seller will ship the Products only after receiving confirmation of payment authorization or the actual crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, understood as the moment the Product is handed over to the carrier. However, the risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party designated by you other than the carrier, take physical possession of the Products.
The Service you selected will be provided only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after your purchase order is submitted, it is determined that you have not fully or partially paid the Total Amount Due.
7.2 The purchase contract is subject to termination if the Total Amount Due is not paid. Unless otherwise agreed in writing with you, the order will then be canceled.
7.3 To place a purchase order, you must read and accept these General Terms and Conditions of Sale by selecting the appropriate checkbox on the purchase process pages. Failure to accept these General Terms and Conditions of Sale prevents you from making purchases on the Website.
Article 8. Payment Methods
8.1 The following payment methods are accepted on the Website:
8.2 The Seller accepts credit cards from the following networks:
VISA
MasterCard (Cirrus Maestro)
American Express
The charge will be made only after (i) your payment card details have been verified, and (ii) the card issuer has authorized the transaction.
In compliance with Directive 2015/2366/EU on payment services (PSD2), you may be required to complete your purchase by satisfying the authentication criteria requested by the payment institution handling the online transaction. These criteria pertain to your identity (requiring your registration on the Website at the time of purchase) and simultaneous verification of the authentication code provided by the payment institution (Strong Customer Authentication). Failure to complete these steps may prevent the purchase from being finalized on the Website.
Your payment card details (card number, cardholder name, expiration date, and security code) are encrypted and transmitted directly to the payment processor, without ever passing through the servers used by the Seller. Consequently, the Seller does not have access to and does not store these data, even if you choose to save them on the Website for future use.
The charge will be processed at the time the order is submitted.
8.3 Purchases on the Website can also be made via PayPal. If you choose PayPal as your payment method, you will be redirected to
www.paypal.com, where you will complete the payment according to PayPal’s procedures, terms, and conditions, as agreed between you and PayPal. Any information entered on PayPal’s website is processed directly by PayPal and is not shared with or transmitted to the Seller. Therefore, the Seller does not have access to and does not store any details of the payment card linked to your PayPal account or any other payment instrument associated with it.
For payments made via PayPal, the Total Amount Due will be charged by PayPal upon completion of the contract through the Website. In the event of contract termination or any other situation requiring a refund, for any reason, the amount to be refunded will be credited to your PayPal account. The timing of the refund to the payment instrument linked to your PayPal account depends solely on PayPal and the banking system. Once the order to refund your PayPal account has been issued, the Seller cannot be held responsible for any delays or omissions in the receipt of the refund amount. Any issues regarding such delays must be addressed directly to PayPal. Any refunds under these General Terms and Conditions of Sale will be credited to your PayPal account.
Article 9. Product Delivery
9.1 There are no delivery restrictions, except where otherwise indicated on the Website and/or in the Product Description. Currently, Phimostop is available for sale and shipping to the following countries:
Albania, Australia, Austria, Belgium, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, United Kingdom (UK), Czech Republic, Romania, Slovakia, Slovenia, Spain, United States (US), Sweden, Switzerland, Hungary, Malta, Bulgaria, North Macedonia.
9.2 Delivery is free of charge.
9.3 From the date the order is placed, Products will be delivered within 15 days and, in any case, no later than thirty days from the date of contract conclusion.
9.4 It is your responsibility to check the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred to you when you or a third party designated by you other than the carrier take physical possession of the Product, the Seller recommends that you verify the number of Products received and ensure that the packaging is intact, undamaged, and has not been tampered with (including sealing materials). You are advised, in your own interest, to note any irregularities on the carrier’s delivery document and accept the package with reservation. If the package shows obvious signs of tampering or alteration, you should notify the Seller. In any event, the rules regarding the right of withdrawal (if applicable to the Product) and the legal warranty of conformity remain in effect.
Article 10. Right of Withdrawal
10.1 Unless otherwise indicated, you do not have the right of withdrawal provided for in Article 52 of the Consumer Code concerning the Product(s) sold on the Website. Specifically, on this Website there are:
Sealed goods that are not suitable for return for hygiene or health protection reasons if they have been opened after delivery.
10.2 If you qualify as a consumer, you have the right to withdraw from the purchase contract for the Product(s) without providing any reason and without incurring any costs other than those specified in this article, within fourteen calendar days (
“Withdrawal Period”). The Withdrawal Period expires after 14 days:
a) In the case of an order for a single Product, from the day you or a third party designated by you (other than the carrier) take physical possession of the Product;
b) In the case of a Multiple Order with separate deliveries, from the day you or a third party designated by you (other than the carrier) take physical possession of the last Product; or
c) In the case of an order for a Product consisting of multiple lots or pieces, from the day you or a third party designated by you (other than the carrier) take physical possession of the last lot or piece.
10.3 To exercise the right of withdrawal, you must inform the Seller of your decision to withdraw before the Withdrawal Period expires.
10.4 You will be considered to have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of withdrawal is sent before the expiration of that period. You may send this communication by at least one of the following methods:
Email:
[email protected]Via the relevant section on the Website: “
Contact”
Please note that the burden of proof for exercising your right of withdrawal before the expiration of the Withdrawal Period rests with you. Hence, it is in your interest to use a durable medium when informing the Seller of your decision to withdraw.
10.5 If you exercise the right of withdrawal, you must deliver the Product to the registered office indicated at the beginning of these General Terms and Conditions of Sale.
10.6 The direct costs of returning the Products will be borne by you, as well as the responsibility for their transportation.
10.7 If you withdraw from the contract, the Seller will refund the Total Amount Due, including any applicable delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw. The refund will be made using the same payment method you used for the initial transaction. If you returned the Products using a carrier of your choice at your own expense, the Seller may withhold the refund until the Products have been received or until you provide proof of having shipped the Products, whichever occurs first.
10.8 You are responsible only for any decrease in the value of the goods resulting from handling beyond what is necessary to determine the nature, characteristics, and functioning of the Products. The Products must in any event be kept, handled, and inspected with due care and returned intact, complete in all their parts, fully functional, accompanied by all accessories and instructions, with the original labels and seal (if any) still attached, undamaged, and without signs of wear or dirt. The right of withdrawal applies to the entire Product and cannot be exercised in relation to parts and/or accessories.
10.9 If the Product for which the right of withdrawal has been exercised has suffered a decrease in value due to handling beyond what is necessary to determine its nature, characteristics, and functioning, the Seller reserves the right to deduct from the refund an amount corresponding to this decrease in value. The Seller will notify you within 5 days from receipt of the Product, providing bank details for payment of the amount owed by you if the refund has already been issued.
10.10 If the right of withdrawal is not exercised in accordance with the applicable law, it will not result in termination of the contract, and you will not be entitled to any refund. The Seller will inform you within 5 (business) days of receiving the Product, rejecting the withdrawal request. The Product will remain available for collection, at your expense and under your responsibility.
10.11 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded will be calculated in proportion to the value of the Product withdrawn. Therefore, for example, if you placed a total order worth €200.00, consisting of two Products (one worth €50.00 and the other €150.00), and you return the Product worth €150.00, you will be refunded 75% of the delivery costs. In any event, the delivery costs to be refunded will never exceed the amount you actually paid.
Article 11. Legal Warranty
All Products sold on the Website are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code (“Legal Warranty”).
Who Is Covered
The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may engage in.
When It Applies
The Seller is liable to the consumer for any lack of conformity of the Product that becomes apparent within two years from its delivery. The lack of conformity must be reported to the Seller within two months from the date it was discovered, failing which the warranty will be forfeited.
Unless proven otherwise, any lack of conformity that appears within six months from the delivery of the Product is presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the Product or the defect itself. From the seventh month after the delivery of the Product, the burden of proof lies with the consumer to demonstrate that the lack of conformity already existed at the time of delivery.
To benefit from the Legal Warranty, the consumer must provide evidence of the purchase date and the delivery date. It is therefore advisable for the consumer to retain the purchase invoice or any other document that can verify the date the purchase was made (for example, the payment card statement) and the date of delivery.
In the event of contract termination, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs, and any additional expenses. In the event of a price reduction, the Seller will refund the consumer the previously agreed-upon reduced amount. The refund or price reduction will be credited to the payment method used by the consumer at the time of purchase.
The Seller is not liable for any damages of any nature resulting from improper and/or non-compliant use of the Product, nor for damages caused by unforeseeable events or force majeure.
If you made the purchase as a “professional” as defined in the Consumer Code, the preceding paragraphs of this article do not apply. Your purchase on the Website will be subject to the legal warranty provided for in Article 1490 of the Italian Civil Code.
Article 12. Applicable Law and Jurisdiction; Out-of-Court Dispute Resolution – ADR/ODR
12.1 Purchase contracts concluded through the Website are governed by Italian law. However, for consumer users who do not have their habitual residence in Italy, the application of any more favorable and mandatory provisions provided by the law of the country in which they reside is reserved.
12.2 Please note that in the case of a consumer user, any dispute relating to the application, execution, and interpretation of these terms will fall under the jurisdiction of the court of the user’s place of residence or chosen domicile. In the case of a professional user, any dispute relating to the application, execution, and interpretation of these terms will instead fall under the jurisdiction of the court where the Seller has its registered office, as indicated in Article 1 above.
12.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller informs users who qualify as consumers under Article 3, paragraph 1, letter a) of the Consumer Code that if they have submitted a complaint directly to the Seller and the dispute remains unresolved, the Seller will provide information on the Alternative Dispute Resolution (ADR) body or bodies for the out-of-court resolution of disputes arising from contracts concluded under these General Terms and Conditions of Sale (ADR bodies as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not the Seller intends to use such bodies to resolve the dispute.
12.4 The Seller also informs users who qualify as consumers under Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for online consumer dispute resolution (
ODR platform) has been established. The ODR platform is accessible at the following address:
https://ec.europa.eu/consumers/odr/. Through the ODR platform, consumers can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure.
12.5 In any event, the consumer user’s right to take legal action in the competent ordinary court for disputes arising from these General Terms and Conditions of Sale remains unaffected, regardless of the outcome of the out-of-court dispute resolution process pursuant to Part V, Title II-bis of the Consumer Code.
12.6 Users residing in a member state of the European Union other than Italy may also access the European Small Claims Procedure, established by Council Regulation (EC) No. 861/2007 of July 11, 2007, for disputes related to the application, execution, and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed €2,000, excluding interest, fees, and expenses. The text of the regulation is available at
www.eur-lex.europa.eu.
Article 13. Customer Service and Complaints
You may request information, send communications, request assistance, or submit complaints by contacting the Seller through the following methods:
The Seller will respond to complaints within 5 days of receiving them.
