General Sales Terms and Conditions

• • Article 1 – Object
  • Article 2 – Seller Information
  • Article 3 – Drawing up of contract and order placements
    • 3.1 Product prices
    • 3.2 Product characteristics
    • 3.3 Product availability
    • 3.4 Product orders
  • Article 4 – Payments
    • 4.1 Payment terms
    • 4.2 Payment methods
    • 4.3 Safeguarding payment transactions
  • Article 5 – Shipment of products
    • 5.1 General rules
    • 5.2 Methods of shipping products
    • 5.3 Defects, non-conformities and product damage
    • 5.4 Delivery times and costs
  • Article 6 – Rights and terms of withdrawal
    • 6.1 Right and terms for exercising withdrawal
    • 6.2 Right and terms for exercising contractual withdrawal
    • 6.3 Procedures for exercising the right of withdrawal
  • Article 7 – Title Retention
  • Article 8 – Intellectual property
  • Article 9 – Signature and evidence of persons
  • Article 10 – Liability
    • 10.1 Capacity to contract
    • 10.2 Limitation of liability
  • Article 11 – Personal Information
  • Article 12 – Amendments
  • Article 13 – General Terms
    • 13.1 Partial disability
    • 13.2 Waiver
    • 13.3 Applicable law and competent jurisdiction
    • 13.4 Duration
  • Article 14 – Medical Device Sales

 

Premise

LKC Pharma Srl (hereinafter, “LKC PHARMA”) sells their products on its Website solely to retailers and end-consumers. All Orders which are clearly not retail orders, and in general, any fraudulent order or order deemed to be as such by LKC PHARMA shall be considered null and void nor shall they be accepted.

The Buyer declares and guarantees that purchases made on the LKC PHARMA Website are solely for personal use and shall not be used for professional purposes.

For the purposes of the present General Sales Terms and Conditions, the Buyer and LKC PHARMA are individually or jointly accordingly referred to as the Party or Parties.

 

Article 1 – Object

The purpose of these General Sales Terms and Conditions of Sale (hereinafter, “GTC”) are to inform any potential Buyer of the terms and conditions by which the Seller (hereinafter, “LKC PHARMA” or “the Seller”) shall sell and deliver ordered products as well as to define the rights and obligations of the Parties with respect to the sale of products by LKC PHARMA to the User (as previous and hereinafter, the “Buyer”). The GTC shall apply, without limitations or conditions, to all purchases made on the LKC PHARMA website, www.lkcpharma.com  (hereinafter the “Site” or “the Website”).

LKC PHARMA reserves the right to modify these General Sales Terms and Conditions at any time. In any case, the General Terms and Conditions applicable to an Order are always those accepted by the Buyer at the time of placing the Order.

These General Sales Terms and Conditions are an integral part of the website’s General Terms of Use, www.lkcpharma.com, which may be viewed and downloaded at any time in the website’s “General Sales Terms and Conditions” section.

 

Article 2 – Seller Information

Company Name: LKC Pharma S.r.l.

Registered Office: Via del Lavoro 4a/6

Zip Code: 20865

City: Usmate Velate (MB)

Country: Italy

VAT Number: 09632130960

REA number: MB – 1909100
e-mail: info@lkcpharma.com
PEC e-mail: lkcpharma@legalmail.it

 

Article 3 – Drawing up of contract and order placements

3.1 Prices

The prices of the products listed on the LKC PHARMA website are indicated in Euros and are the applicable prices at the time the Order is placed by the Buyer. LKC PHARMA may change the sale prices of the products at any time and without notice. The Buyer shall be notified of any such changes before any Order has been placed.

The prices of the products listed on the Website are applicable in the context of remote distance sales via the Internet and may differ from the retail prices applied in any LKC PHARMA retail outlets in the territory.

Product prices include the VAT rate applicable at the time the order is placed. Any change in the applicable VAT rate shall automatically be reflected in the price of products sold by LKC PHARMA through their Site.

Product prices do not include shipping costs. These additional costs shall be calculated and added to the price of the products. Shipping costs vary depending on the shipping method selected by the Buyer at the time the Order is placed and will be shown on the Order Summary. The Buyer shall confirm his choice upon confirming the Order. Shipping costs are described below in these General Sales Terms and Conditions and may be changed at any time by LKC PHARMA. However, Orders already placed and accepted by LKC PHARMA shall not be subject to change. LKC PHARMA invites Buyers to regularly consult the General Sales Terms and Conditions.

Shipping methods available are described below in Article 5 of these General Sales Terms and Conditions. Costs and delivery times relating to the different shipping methods are available in the “Shipping and Payment” section.

3.2 Product characteristics

The Buyer may select one or more products and/or services from the different categories available on the LKC PHARMA Website.

The characteristics and descriptions of the Products are contained in the individual Product page at the time of the Buyer’s choice.

LKC PHARMA may at any time change the assortment of products on sale on its Website, especially in relation to reasons relating to its suppliers and/or information relating to such as prices, description or product availability, without prior notice. LKC PHARMA shall not make any changes to the price, availability or description of any product after LKC PHARMA has accepted the Order placed by the Buyer.

Before sending the Order, the Buyer may view on the LKC PHARMA website all the information as per article 49 of the Legislative Decree no. 206 dated 6 September 2005 (“Consumer Code”); such as, but not limited to, information relating to the Seller, the price, including taxes and shipping costs, the principal characteristics of the product(s) or service(s) the Buyer wishes to purchase and together with all the other mandatory information provided for and by Italian law

ALL PRODUCTS COMPLY WITH APPLICABLE ITALIAN LEGISLATION IN VIGOR AT THE TIME OF THE ORDER. LKC PHARMA SHALL NOT BE HELD RESPONSIBLE FOR THE NON-CONFORMITY OF PRODUCTS WITH THE LEGISLATION OF THE COUNTRY IN WHICH THE BUYER WISHES TO SHIP SUCH GOODS. THE BUYER MUST CHECK WITH THE LOCAL AUTHORITIES OF THE COUNTRY IN WHICH THE PRODUCTS ARE TO BE DELIVERED AND/OR HOW THE PRODUCTS AND SERVICES INTENDED TO ORDERED SHALL BE USED. LKC PHARMA CANNOT GUARANTEE THAT PACKAGING INFORMATION SHALL BE TRANSLATED INTO ALL EUROPEAN UNION LANGUAGES. HOWEVER, THIS INFORMATION WILL BE AVAILABLE AT LEAST IN ITALIAN AND ENGLISH.

For any questions regarding products and their use, for any further questions or consultancy requests, the Buyer may contact the LKC PHARMA Team of consultants by writing to info@lkcpharma.com.

3.3 Product Availability

Offers presented by LKC PHARMA are valid for as long as they are published on the Site and within the limits of available stocks.

Products not immediately available in LKC PHARMA warehouses, the offers published on the website are valid subject to availability. Information on the availability of products shall be provided to the Buyer. An email shall be sent as a receipt to confirm the Order (“Order Confirmation E-mail”). Since such information comes directly from suppliers, LKC PHARMA cannot exclude occasional errors or variations.

In any event, and if the product is completely or partially unavailable after the Order has been placed, the Buyer shall be immediately informed by e-mail of the unavailability of the product and/or the total or partial cancellation of the Order.

If the Order must be cancelled in full:

• The cancellation of the Buyer’s Order shall take place automatically, without any charge to the Buyer.
• LKC PHARMA Customer Service shall contact the Buyer to inform him/her of the cancellation and to recommend him/her to place a new Order, excluding the unavailable product.

If the Order must be partially cancelled:

• The Buyer’s Order shall be partially confirmed and the billing amount will reflect only the products available as indicated in the Order Confirmation e-mail.
• All available products shall be delivered to the Buyer.

3.4 Product Orders

Each Order placed by the Buyer implies acceptance of the Legal Information and Privacy Policy, and constitutes an offer to purchase LKC PHARMA products.

Orders are subject to acceptance by LKC PHARMA, which reserves the right, at its sole discretion, to refuse Orders, including cases where:

• orders cannot be executed due to an error in the information provided by the Buyer at the time of placing the Order (e.g., a mistake in the information provided by the Buyer at the time of placing the Order) – a wrong credit card number, expiration date or card security code number necessary for payment; wrong billing address (e.g. if the billing address given does not match the information held by the bank or credit card company); wrong or insufficient shipping address (e.g. wrong address, city, country or zip code); or if misleading information is provided by the Buyer;
• an error has occurred on the Website relating to the products ordered, such as an error relating to the price or description of the products as shown on the Website;
• the products ordered are no longer available on the Website.

LKC PHARMA also reserves the right to interrupt or cancel the execution of an Order and/or shipment, regardless of the nature and progress of the execution, in the event of non-payment or partial payment of any amount which has not been paid by the Buyer, if there are problems with payment or in the case of fraud or attempted fraud relating to the use of the LKC PHARMA Website, including any reference to previous Orders.

If an Order is rejected, LKC PHARMA shall inform the Buyer, within 30 working days of placing the Order, of the impossibility of accepting the Order. The Buyer may verify the description of the Order and correct any errors before confirming/sending the Order.

Once the Buyer confirms the Order, by clicking “Confirm Order”, the Buyer declares to have knowingly accepted the content and conditions of the Order in question and, in particular, the present General Sales Terms and Conditions, prices, volumes, characteristics, quantities and delivery times of the products for sale and ordered by the Buyer.

After an Order has been placed, the Buyer may still cancel the Order according to the following conditions:

• within one hour of placing the Order, by calling LKC PHARMA Customer Service at +39 331 607 3444 from Mondays to Fridays from 9 a.m. to 12 p.m.
• or by writing an email to shop@lkcpharma.com if an order has been placed outside the working hours of LKC PHARMA Customer Service, or if more than one hour has passed since the Order was placed, by exercising the right of withdrawal, in accordance with the conditions set out in article 6 of the General Sales Terms and Conditions.

Sale shall be deemed final only upon the acceptance of the Order by LKC PHARMA. They shall send an e-mail confirming they have received the Buyer’s Order; such email shall act as an Order Confirmation. A second e-mail shall be sent to the Buyer once the Order has been sent out. LKC PHARMA shall charge the Order amount only once the Order has been shipped.

LKC PHARMA shall be authorized to collect the full amount of the Order:

• payments made by credit card and/or with online vouchers; from the moment the Order Confirmation email is sent;
• payments made with other payment methods as described in article 4.1 below; from the moment of sending the Buyer an e-mail informing him/her the Order has been shipped.

LKC PHARMA recommends the Buyer retains all e-mails received by LKC PHARMA in paper or electronic form. The Buyer is advised that such e-mails shall be sent to the e-mail address specified by the Buyer upon creating his/her Account and/or subsequent registration.

LKC PHARMA shall not be liable in the event that an invalid e-mail address has been entered and/or the Order Confirmation e-mail is not received for reasons not directly related to LKC PHARMA. In this case the sale shall be considered final. However, the Buyer may exercise his/her right of withdrawal under the conditions set out in Article 6 of the present General Sales Terms and Conditions.

Article 4 – Payments

The Buyer hereby assures LKC PHARMA he/she has the necessary authorization to use the payment method chosen to pay for his/her Order at the time in which the Order was placed.

4.1 Payment terms

The User may pay either by PayPal, Visa, Mastercard or any other type of credit card indicated on the platform, or by bank transfer.

To reduce the risk of unauthorized access by third parties, if making online purchases by credit card, the card’s information used by the User shall be managed exclusively by the security system of the PayPal’s payment systems.

4.1.1 Credit card

Credit cards accepted on the LKC PHARMA website are as follows: Visa, American Express, Maestro and MasterCard.

4.1.2 PayPal

If the Buyer has a PayPal account, he/she may choose this method of payment. In this case, the Buyer shall be redirected to the PayPal site to proceed with the payment. It is not possible to use the PayPal payment system to integrate a LKC PHARMA Gift Card.

4.1.3 Online vouchers

Online vouchers are credits issued exclusively by LKC PHARMA and may only be used by the beneficiary on the LKC PHARMA website. They are valid for one year from the date of issue.

4.2 Payment methods

Payment can be processed on-line, at the time of the Order, by the Buyer via credit card, PayPal and/or online Coupons.

All Orders are payable in Euros, including taxes and obligatory duties. Any bank charges shall be paid exclusively by the Buyer (even in the event of a refund).

In the event of non-payment or delayed payment of the Order by the Buyer, LKC PHARMA reserves the right to apply interest at the legal rate of interest from the tenth working day following the date of the Order or from the notification of rejection of the bank payment.

LKC PHARMA, in any case, shall reserve the right to block or cancel, at its own discretion and at any moment, the execution of an Order and/or shipment of productd ordered in the event of non-payment or partial payment of any amount which has not been paid by the Buyer, if there is a late payment or in the case of fraud or attempted fraud using the LKC PHARMA Website, including any reference to previous Orders.

4.3 Safeguarding payment transactions

In order to guarantee the safeguard of credit card payments, the Buyer must provide LKC PHARMA with the security code (CVV) indicated on the credit card used by the Buyer.

LKC PHARMA also reserves the right to request a photocopy of the Buyer’s identity card for any payments made by credit card, as well as any other information relating to the Buyer’s identity necessary to identify the Buyer in order to ensure the security and correctness of transactions made through the LKC PHARMA Website.

In the fight against Internet frauds, information concerning the Buyer’s Order may be transmitted to third parties authorized by the law or appointed by LKC PHARMA for the sole purpose of verifying the Buyer’s identity, the validity of the Order, the payment method used and the shipping information.

The security of the payment is based on the Buyer’s authentication, on the confidentiality of all information, and in compliance with the different banking regulations applicable in Italy.

 

Article 5 – Shipment of products

5.1 General rules

Products ordered by the Buyer under these GTC shall be shipped to the address indicated by the Buyer as the delivery address on the Order (“Delivery Address”).

LKC PHARMA ships worldwide via TNT courier service, with the exception of Syria, Iran, North Korea, Cuba, Sudan and Crimea, at a cost which may vary depending on the destination and/or with surcharges for remote or difficult to reach areas.

Purchase invoices are issued electronically.

The buyer agrees to receive invoices electronically via the Exchange System.

5.2 Methods of shipping products

5.2.1 Shipping methods for Italy

• TNT Shipments

A TNT representative shall make the delivery to the Buyer or the recipient of the Order and shall require them to sign an electronic or paper receipt. Such receipt shall constitute proof of delivery by LKC PHARMA, and receipt by the Buyer, or the recipient of the Order, of the products ordered.

Deliveries are made on weekdays (Monday to Friday). In case of absence, the Buyer, or the recipient of the products ordered, shall receive a notice of attempted delivery, with which they can contact the courier at the address indicated on the notice in order to arrange for a new delivery. In the event that it is expressly indicated by the buyer, or by the recipient of the products ordered, the order may be delivered to a third party.

In the event it is not possible to contact the Buyer or the recipient of the Order, he/she shall receive a notice stating the address of the TNT Center where the package will be kept “in storage” for thirty days. The Buyer or the recipient of the Order may collect the package from that center. At the end of this period, the package shall be returned to LKC PHARMA and the Buyer shall be reimbursed, in the manner chosen at LKC PHARMA’s discretion, the amount of his Order minus the shipping costs. Any costs of storage attributable to the recipient shall be at the expense of the same, and in case of return shall be deducted from the amount of refund.

It shall not be possible to lodge any complaints relating to the shipment itself, if the package has been considered as delivered. With this in mind, the courier’s computer system shall be deemed valid.

5.2.2 Delivery methods for Europe and outside Europe

• TNT Shipments

A TNT representative shall make the delivery to the Buyer or the recipient of the Order and shall require them to sign an electronic or paper receipt. Such receipt shall constitute proof of delivery by LKC PHARMA, and receipt by the Buyer, or the recipient of the Order, of the products ordered.

Deliveries are made weekdays (Monday to Friday – during the day. Delivery at a specific time is not possible). In case of absence, the Buyer, or the recipient of the products ordered, shall receive a notice of attempted delivery, with which they may contact the courier at the address indicated in order to arrange for a new delivery (a charge of €10.00 euros per shipment shall be applied to arrange the redelivery of goods previously undeliverable due to the absence of the recipient). In the event that it is expressly specified by the buyer, or by the recipient of the products ordered, the products may be delivered to a third party. The shipment is automatically sent to the destination and/or according to the instructions given by the sender in the waybill, which could be a home, office, or third party. Any changes in delivery requested after the goods have arrived at the destination branch are accepted, at no additional cost, only if delivered in the same area and by the same courier.

If the Buyer or recipient are not able to be contacted, the TNT courier shall automatically return the shipment after three days in the absence of instructions. (On international waybills, all the information of the recipient must be indicated – including a telephone number, preferably a mobile phone, so that he/she may be contacted and arrange delivery or collection at the branch itself. If non such information has been provided, by means of the International Customer Service, LKC PHARMA shall receive a message and request for further instructions/contacts). The package shall be returned to LKC PHARMA if no new instructions are received by the Shipper within three days. And the Buyer shall be reimbursed, in the manner chosen at the discretion of LKC PHARMA, for the amount of his Order minus the shipping costs and any transport penalties incurred.

5.3 Defects, non-conformities and product damage

5.3.1 General conditions and Legal Warranty

The Buyer, or the recipient of the Order, is invited to check the status of the package and products upon delivery.

In the event of anomalies in the package (damaged or opened package, traces of liquid, etc.) and/or in the products ordered (missing, defective or damaged products), the Buyer or the recipient of the Order must return the products to LKC PHARMA following the procedures described in articles 5.3.2 and 5.3.3 of these General Sales Terms and Conditions. Failure to comply with the correct procedures shall result in no action taken against the courier and/or LKC PHARMA, including the right to a refund of the Order and/or the return of the ordered products.

The Buyer, or the recipient of the Order, may alternatively call LKC PHARMA Customer Service to find out how to return the product or products damaged, non-conforming and/or defective. The procedures for returning damaged, non-compliant and/or defective products indicated to the LKC PHARMA Customer Service must be followed by the Buyer. Otherwise, the Buyer shall not be entitled to any refund or replacement of the products in question.

All orders placed via the website LKC PHARMA are governed by the rules of the Consumer Code on the subject of warranty for defects and product defects. The rights pursuant to art. 130 of the Consumer Code and these rights must be exercised within the terms set forth in art. 132 of the Consumer Code.

5.3.2 Procedures which must be followed in the event of obvious damage to the package in order for it to be returned to LKC PHARMA:

• TNT Shipment:
• If an anomaly is detected in the presence of a TNT manager:

Reject the shipment and immediately express all reservations regarding the anomaly in a clear and detailed manner. These reservations must be indicated by the Buyer or the recipient of the Order on a dedicated form provided by TNT courier. The words “accepted under reservation” shall not suffice. It is necessary to write the reason, e.g. “package dented on one side”, “package is wet”, “package visibly damaged”…

The Buyer must also inform the LKC PHARMA Customer Service of the refused package by writing to shop@lkcpharma.com

• In case of anomaly detected in the absence of a TNT manager:

Report any damages or deficiencies found and make any complaints by writing to shop@lkcpharma.com within 3 working days.

LKC PHARMA Customer Service may request information regarding the identity of the Buyer or the recipient of the Order and carry out any necessary verifications. LKC PHARMA Customer Service shall indicate to the Buyer, or to the recipient, the procedures to be followed in order to return the damaged or defective product, or to receive the missing products.

Upon receiving the products, LKC PHARMA shall verify that the products are actually defective, damaged or do not correspond to the description provided on the Website. If such verification is positive, in accordance with the provisions of articles 130 et seq. of the Consumer Code, LKC PHARMA shall replace the defective, damaged or non-conforming product and shall send a replacement to the Buyer as soon as possible and in any case within 30 (thirty) working days of receipt of the products. The shipping costs will be entirely at the expense of LKC PHARMA. In the event that LKC PHARMA is unable to replace the products within the aforementioned period, LKC PHARMA shall immediately notify the Buyer at the e-mail address indicated at the time of registration and shall reimburse the Buyer for the cost of such products and the shipping costs should the Buyer provide proof of the cost incurred for returning the products. The price shall be promptly refunded by LKC PHARMA in the manner chosen at its discretion, and in any event within 30 (thirty) working days from the date in which the products were received.

If after examination of the returned products, LKC PHARMA reasonably believes the products are not defective, damaged or inconsistent with the description on the Website, the Buyer shall not be entitled to a refund and the products shall be returned.

5.4 Delivery times and costs

Delivery times for products in Italy ( via TNT) are between 2 and 3 working days. This time is purely indicative and may vary for reasons beyond LKC Pharma’s control or for reasons of force majeure.

Delivery times shall go into effective from the moment the e-mail confirming the shipment of the products has been sent to the Buyer.

If delivery should be delayed by more than 7 (seven) working days, in accordance with the Italian calendar, as the case may be, and not due to force majeure, the Buyer shall have the right, within a maximum of sixty working days from the end of the delivery period, to cancel the Order by sending a registered letter with return receipt to the address indicated in the “Contact Us” section of the LKC PHARMA website.

In the event that such delay was due solely to LKC PHARMA or the courier, LKC PHARMA shall reimburse the entire amount paid by the Buyer and received by LKC PHARMA for the Order in question, provided that the entire Order is returned by the Buyer to LKC PHARMA. The refund shall be made, in the form chosen by the Buyer, as quickly as possible and in any event within 30 (thirty) working days from the date in which the Buyer exercised his/her right to cancel the Order.

In the event the Order has not been returned in its entirety and in full, or if the delay is not exclusively the fault of LKC PHARMA or the courier, the Buyer shall not be entitled to claim either a refund of the amount paid or a new shipment of the products ordered if the Buyer cannot demonstrate, in any way, that he himself/her herself is not responsible for the delayed delivery.

Article 6 – Rights and conditions for withdrawal

6.1. Right and terms for exercising one’s right of withdrawal

6.1.1. Term for exercising the right of withdrawal

Pursuant to Article 52 of the Italian Consumer Code, the Buyer may, within 14 (fourteen) working days from the date of receipt of the package containing the goods ordered, withdraw from the purchase contract without penalty and without any reason.

The 14-day term for returning the Products begins from the day in which the Purchaser acquires the possession of the ordered goods. In relation to orders containing multiple Products that have been delivered separately, the 14-day term starts from the day on which the Purchaser or a third party appointed by the Purchaser acquires the physical possession of the last Product.

6.1.2. Methods for exercising one’s right of withdrawal

The procedures for exercising the right of withdrawal are described in Article 6.3 of these General Sales Terms and Conditions.

6.1.3. Implications of exercising the right of withdrawal

The Purchaser, exercising the right of withdrawal within the terms and in the manner described below for the return of Products, will be entitled to reimbursement of the amount paid for the returned Products, within 14 days from the day of receipt of the communication relating to the exercise at right of withdrawal. The reimburse will be credited on the same payment method used to place the order.

The Purchaser is obliged to return the Products without delay and in any case within 14 days from the day in which he has communicated the withdrawal.

6.1.4. Costs

All costs for returning goods shall be the exclusive responsibility of the Buyer.

6.2. Right and terms for exercising contractual withdrawal

Committed to ensuring the satisfaction of its Buyers and recipients of Orders, LKC PHARMA recognizes the Buyer and/or recipient of the Order, the possibility of withdrawing from the purchase contract, without reason and without payment of penalties, even after the legal period indicated above and under the conditions set out below.

6.2.1. Term for exercising the right of withdrawal

The period within which the Buyer and/or recipient of the Order may exercise his/her contractual right of withdrawal is 14 (fourteen) days from the date of receipt of the Order.

6.2.2. Methods for exercising one’s right of withdrawal

The procedures for exercising the right of withdrawal are described in Article 6.3 of these General Sales Terms and Conditions.

6.2.3. Costs

The costs for returning goods shall be the responsibility of the Buyer and/or the recipient of the Order, unless the withdrawal results from the delivery of defective, non-conforming, damaged or missing products, in which case LKC PHARMA shall reimburse the Buyer and/or the recipient of the Order for the shipping costs pursuant to article 5.3.3 previously mentioned.

6.3. Methods for exercising one’s right of withdrawal

The right of withdrawal must be exercised in written form by sending an e-mail to LKC PHARMA and/or by using the standard withdrawal form:

Standard Withdrawl Form

(fill in and return this form by e-mail only if you wish to return the Products)

Addressed to: LKC PHARMA SRL, Via del Lavoro 4a / 6, 20865 Usmate Velate (MB), ITALY

Herewith I notify the return from my purchase of the following Products (*)
Order number
Ordered on (date), received on (date)
Name and surname
Address
(solo se il presente modulo è inviato in versione cartacea)
Signature
Date

6.3.1. General conditions applicable to all methods of return

The products must be returned within 14 days from the receipt of the order to LKC PHARMA in their original condition, with their original packaging, accessories, instructions for use and any other items supplied, and in such a condition as to be able to be resold.

The Buyer and/or the recipient of the Order must complete the Return Form, which can be downloaded from the LKC PHARMA website in the appropriate section, duly signed, with the Order number (if this field is not already pre-filled on the Return Form). The use of the Return Form enables LKC PHARMA to better manage the return process. The Buyer or the recipient of the Order, if different from the Buyer, is then requested to submit the Return Form. We shall not accept the return of products which exceed the legal period established for the withdrawal and termination of the contract.

The term for withdrawal is considered respected if the Buyer transmits his / her withdrawal declaration before the expiration of the 14-day term starting from the day on which the Purchaser acquires physical possession of the ordered Products. In case of multiple goods ordered with a single order but shipped out separately, the 14-day term will start from the day from the acquisition of the physical possession of the last received Product.

6.3.2. Returns by post

With the exception of article 6.3.1 of the present General Sales Terms and Conditions, the Buyer or the recipient of the Order who wishes to exercise his/her right of withdrawal, legal or contractual, by returning a product by post, must follow the following instructions:

• use the original packaging for the return of the products in question.
• Send the package or registered letter with acknowledgment of receipt to the following address:

IKC PHARMA S.R.L.

To the attention of the E-Commerce Returns Service

Via del Lavoro 4a/6

20865 Usmate Velate (MB)

Italy

LKC PHARMA shall only accept packages or registered mail which are correctly addressed.

Any risk associated with the return of the products shall be at the sole risk of the Buyer and/or recipient of the Order itself, unless the Buyer/recipient of the Order proves the product has been deposited with a courier so as to be returned.

Article 7 – Title Retention

Ownership of the products ordered shall remain with LKC PHARMA until the entire amount of the Order, including shipping costs, taxes and other obligatory fees (where applicable) are paid in full by the Buyer.

Article 8 – Intellectual property

The LKC PHARMA trademark, all figurative and non figurative trademarks, images, illustrations and logos and any content on the Site (including, without limitation, the General Conditions of Use and the present General Sales Terms and Conditions) are the exclusive property of LKC PHARMA and/or their respective owners of intellectual property rights of the same.

Any reproduction in whole or in part, modification or use of such trademarks, illustrations, images and logos, or any other content on the Site, for any reason and by any means, without the express written permission of LKC PHARMA and/or their respective owners of intellectual property rights of the same is strictly prohibited.

Article 9 – Signature and evidence of persons

LKC PHARMA works to protect the personal information of its customers by providing a high level of security, but the Buyer also has a role in the protection of his/her personal information. In particular, the Buyer must maintain the security of the online transactions, for example by refraining from disclosing his/her username (Buyer’s e-mail address) and/or password with others and by changing said password regularly.

The use of the Buyer’s user name and/or registration/access password constitutes proof of the Buyer’s identity and of LKC PHARMA’s right, upon confirmation of the Order by LKC PHARMA, to collect the relevant amount. LKC PHARMA’s computer records shall constitute proof of the communications, Orders and payments made between the Parties.

LKC PHARMA and/or its business partners shall in no way be liable for the misuse and/or disclosure to third parties of the Buyer’s registration/access information.

By supplying a credit card number and confirming an Order constitute proof of acceptance of the Order and require that the amount indicated on the Order be paid for in full. Computer records kept in the computer systems of LKC PHARMA and partners of LKC PHARMA shall be considered as proof of the communications, Orders and payments made between the Parties.

 

Article 10 – Liability

10.1. Capacity to contract

The Buyer declares to have full capacity to act and enter into a contract for the purchase of products and/or services on the Website on the basis of the present General Sales Terms and Conditions. LKC PHARMA shall under no circumstances be required to verify the ability of visitors and Buyers to the LKC PHARMA Website to act. In the event that a person does not have the necessary capacity to act (e.g. a minor) and should place an Order on the LKC PHARMA Website, and provided his/her parents or legal guardians are responsible for and liable to pay for such Order, LKC PHARMA may refuse to accept the Order.

10.2. Limitation of liability

LKC PHARMA shall not be liable in any way for any breach of these General Sales Terms and Conditions, even if foreseeable due to the actions of a third party, to the fault of the Buyer, to the occurrence of an event of force majeure or to any other event which is not reasonably under the sole control of LKC PHARMA.

The information and content available on the Website is given “AS IS” and LKC PHARMA shall make no guarantee of any kind, either explicit or implicit, in regards to the integrity, accuracy, timeliness, non-infringement of third party rights, availability, reliability or completeness of the information and content, including, but not limited to, information on products, accessories or services appearing on the LKC PHARMA Website and/or their suitability for such purpose. LKC PHARMA shall not be liable in any way for the improper use of the products and/or services by the Buyer and/or the recipient of the Order, and in particular for any failure to comply with the instructions for use of the products. LKC PHARMA shall not be liable in any way for any damage caused to the Buyer or to third parties as a result of such improper use.

The Buyer is fully responsible for the purchase made on the Site, committing himself/herself to read carefully the instructions and warnings of use of the Products purchased and to use them in accordance with such conditions.

LKC PHARMA SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE, WHETHER FORESEEABLE OR NOT, RESULTING FROM AND/OR CONNECTED WITH THE USE OF THE WEBSITE BY THE PURCHASER. IN THE EVENT THAT LKC PHARMA IS HELD RESPONSIBLE FOR A LOSS SUFFERED BY THE BUYER AND SOLELY CAUSED BY THE PLACEMENT OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO LKC PHARMA.

The Purchaser also has the right to use the online dispute resolution procedure available at https://ec.europa.eu/consumers/odr/

Nothing in the present General Sales Terms and Conditions excludes or limits LKC PHARMA’s liability with respect to the Buyer and/or recipient of the Order for fraud, death or personal injury caused by LKC PHARMA’s negligence, violation of the applicable provisions of the Italian Consumer Code or by any other liability which cannot be excluded or limited by law. Any claims made by Site users, including all Buyers, concerning LKC PHARMA must be filed within six (6) months after the incident which is the subject of the claim occurred.

LKC PHARMA shall not be held liable for damages resulting from the failure to provide the services offered on the Site due to the incorrect or non-functioning of the electronic means of communication for reasons beyond its control, including, by way of example, fire, natural disasters, power failure, unavailability of telephone lines or other suppliers of network services, as well as by the actions of other Users or other persons with access to the network.

Article 11 – Personal Information

LKC PHARMA collects and processes the personal data of the Buyer and, where applicable, those of the recipient of the Order in an effort to provide its products and services in accordance with the present General Sales Terms and Conditions. For information regarding the processing of personal information of the Buyer and, if applicable, of the recipient of the Order by LKC PHARMA, please consult the Website’s Privacy Policy, available at the following address: legal information and privacy (linkare alla relativa sezione, sia in italiano che in inglese)

 

Article 12 – Amendments

LKC PHARMA reserves the right to modify and revise the General Sales Terms and Conditions without prior notice. To be informed of such changes, LKC PHARMA advises the Buyer, and in general any user, to regularly read these GTC and the “Legal Information and Privacy” on the website. The purchase of products on the Website shall be subject to the GTC in force at the time of placing an Order. Changes shall not apply to Orders already placed and accepted by LKC PHARMA.

 

Article 13 – General clauses

13.1 Partial disability

One or more of the provisions of the present General Terms and Conditions are declared invalid or ineffective as a result of a legislative change or as a result of a ruling by a competent judicial authority. The other clauses of the present GTC shall remain in full force and effect.

13.2 Waiver

In the event one of the Parties does not assert any breach of any of the obligations contained in the present  GTC against the other Party, such breach shall not be construed as a waiver of the obligation in question in the future.

13.3 Applicable law and competent jurisdiction

The present GTC and all product sales on the Website are governed by Italian law, regardless of the shipping location of the Order.

ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THESE CTC AND/OR THE CONTRACT BETWEEN THE BUYER AND LKC PHARMA, SHALL, IN THE ABSENCE OF A TRANSACTION, BE REFERRED TO THE EXCLUSIVE JURISDICTION OF THE ITALIAN COURTS COMPETENT ACCORDING TO THE PLACE OF RESIDENCY OR DOMICILE OF THE BUYER, IF LOCATED IN ITALIAN TERRITORY.

13.4 Duration

The present GTC, amended from time to time, shall apply for as long as the products are for sale on the LKC PHARMA website (www.lkcpharma.com) and until the termination of the contractual and legal guarantees. In any case, Article 10 “Liability” shall not be affected by the cessation of the present GTC.

For further information please send an email to info@lkcpharma.com.

For any question about tracking an order or a return, send an email to shop@lkcpharma.com.

Article 14 – Medical Device Sales

Healthcare professionals wanting to purchase LKC PHARMA medical devices may contact the company by sending an email to shop@lkcpharma.com. The LKC PHARMA Customer Service shall contact all requests: +39 331 607 3444.