Terms and Conditions of Sale
1.1 The purpose of these General Terms and Conditions of Sale is to govern the online sale of products through the e-commerce service of the website www.nitenspharma.com.
1.2 Products sold on the website can only be purchased and delivered to the countries specified in the Order Procedure. Any order for delivery to other countries will be automatically blocked during the order processing procedure, to give the Customer the opportunity to receive and/or accept shipping costs.
3. Sales through the e-commerce service
3.1 The online sales contract is a distance contract for the sale of movable goods (hereinafter referred to as “Products”) stipulated by and between the Customer and Nitens Pharma S.r.l. as Seller, as part of the e-commerce service organised by the Seller using the distance technology communication known as the Internet.
3.2 To conclude the contract for the purchase of one or more Products, the Customer must fill in the electronic Order Form and send it to the Seller via the Internet in accordance with the relevant instructions.
3.3 The order includes the following:
Reference to these General Conditions of Sale. Information and images of each Product and its price, including special offers, the payment methods available to the Customer, the delivery method of the purchased Products and the shipping costs and the processing methods and terms for the return of purchased Products.
3.4 While Nitens Pharma S.r.l. is constantly committed to ensuring that the photographs displayed on the website faithfully reproduce the original products, including the adoption of any possible technological solution to minimise inaccuracies, there may be changes due to the technical characteristics and colour resolution of the computers used by Customers. Consequently, the Seller assumes no responsibility for any deficiencies in the graphic representations of products displayed on the Website due to these technical reasons, as these representations are for illustrative purposes only.
3.5 Before concluding the contract, the Customer will be asked to confirm that he/she has read the General Conditions of Sale, including the Warnings regarding the right of withdrawal and personal data processing.
3.6 The contract is concluded when the Seller confirms the Customer’s order has been received via the Internet and after verification of the correctness of the data relating to the order.
3.7 Once the contract has been concluded, the Seller will process and execute the Order.
4. Completing the Order
4.1 By placing an Order on the Internet, the Customer agrees, without exception, to comply with the General Conditions of Sales in their relations with the Seller.
4.2 Once the contract has been concluded, the Seller will send the Customer an email confirmation of the order; a summary of the information contained in the order will always be available in the user area.
4.3 Before sending the Order Confirmation, the Seller reserves the right to contact the Customer by email or telephone to request further information on an Order sent via the Internet.
4.4 The Seller may not process orders from Customers who do not offer sufficient guarantees of solvency, who provide incomplete or incorrect information, or in the event of product unavailability. In such cases, the Seller will inform the Customer by email that the contract has not been concluded and will not be fulfilled and will explain the reasons. In this case, the Customer’s previously held amounts will be released.
4.5 If the products displayed on the website are no longer available for sale after the Order has been placed, the Seller will immediately notify the Customer – within thirty working days from the date on which the order was made – of the unavailability of the products ordered. In this case, the Customer’s previously held amounts will be released.
4.6 Each sale made by the Seller through the online sales service may involve one or more products, without a limit of quantity for each item.
4.7 Nitens Pharma S.r.l. reserves the right to refuse the processing of orders from a Customer with whom a legal dispute is still pending on a previous order. This also applies to all cases where the Seller believes that a Customer is ineligible, including, for example, in the case of previous breaches of the terms of online purchase contracts or any other legitimate reason, especially if the Customer has been involved in fraudulent activity of any kind.
5. Sales prices
5.1 Unless otherwise stated in writing, all Product prices and shipping and maintenance costs indicated on the website and in the Order are to be considered inclusive of VAT and in Euro. The valid prices are always and exclusively those indicated on the website at the time the Order is made via the Internet. Product prices and shipping and handling costs are subject to change without notice. Be sure to check the final price before placing an Order.
5.2 Unless otherwise stated, the product prices and the shipping and maintenance costs indicated on the website and in the Order do not include customs duties and relative taxes if the shipment is sent to non-EU countries or in countries where the legislation in force provides for import costs.
5.3 Thus, these costs shall be borne by the Customer and shall be paid directly upon delivery of the Products in accordance with the instructions specified in the Order Confirmation. In the case of non-payment, the Customer assumes all responsibility.
6. Payment methods
To pay for Products, as well as shipping, the Customer can follow one of the methods described in the Order Procedure on the site www.nitenspharma.com and described below.
6.1 Credit and prepaid cards.
6.1.1 We accept payments from both credit and prepaid cards at no additional cost for online orders on our website. It is understood that the Customer must hold a valid credit card at the time of submitting the online order for the Products and that the credit card name must be identical to that indicated in the billing information. If these conditions are not met, the order cannot be processed.
6.1.2 Upon making the online purchase, the Customer’s bank will block the Order amount on the Customer’s credit card at the time of Order confirmation. The amount will only actually be charged to the credit card once the purchased products have been shipped.
6.1.3 If after receiving the order package the Customer decides to exercise their right to withdraw after paying for the Products online, for any reason and as better specified in Art. 8 below, the Seller will ask the Bank to credit the amount to be refunded directly to the Customer’s credit card.
6.2 At no time during the purchase process is Nitens Pharma S.r.l. able read the information on the Customer's credit card (for example, credit card number or expiration date) transmitted to the website via a secure connection by an encrypted protocol of the company that manages electronic payments. The Seller does not store such information in any electronic archive.
6.3 Therefore, the Seller can never be held liable for any fraudulent use of credit cards and prepaid cards by third parties.
7. Shipping and delivery of products
7.1 Each shipment includes:
The products ordered, the relevant transport document/invoice, any accompanying documentation required depending on the country of dispatch, any marketing information and material.
7.2 Orders can only be shipped to countries specified in the Order process.
7.3 The purchased products will be delivered by the courier chosen by the Seller to the shipping address specified in the Order by the Customer, with insured shipping.
7.4 Subject to availability, after acceptance of the Order, the Seller will deliver the products ordered by the Customer as quickly as possible. As a general rule, all Products purchased from the same order will be delivered in one shipment.
7.5 Upon receipt of the products, the Customer must verify the integrity of the package at the time of delivery by the courier. In the case of anomalies, the Customer must indicate them to the courier and ensure that the courier records them, then refuse delivery. Otherwise, the Customer’s ability to enforce his rights in this regard will be compromised.
7.6 If the products purchased are available, delivery will normally take place within 4-7 working days. However, delivery times are sometimes longer. If an order is not received within the above period, it should not be considered as a lost shipment until 10 working days have passed from the date of shipment.
7.7 Shipping costs are to be borne by the Customer, unless otherwise specified on the website.
7.8 Shipping costs vary by country of destination, as follows:
Italy/Spain: € 10.00
EC + Switzerland – Norway € 12.00
For other countries, the Customer will be sent a cost estimate, and the order will only be sent after the Customer has accepted the shipping costs.
8. Right to withdraw
8.1 Only if the Customer who enters into the contract is a Consumer (i.e. any person who purchases on the website for purposes not related to any commercial or professional activity) will they be entitled to withdraw from the contract with the Seller, either in whole or in part, without incurring any penalty and without being required to provide any reason, within 7 (seven) working days from the date of receipt of the shipment.
8.2 To exercise the right of withdrawal, Customers must follow the Online Return Procedure within 7 (seven) working days from the date of receiving the shipment. To begin the Online Return Procedure, Customers must log in to the “Account” section of www.nitenspharma.com using their username and password. Here, in the “My orders” section, they will find a list of their orders and, through the “order details” of each order, they can begin the online return procedure for the selected order. The Customer uses the return procedure to inform the Seller of their intention to withdraw from the contract, in whole or in part, specifying which products will be returned.
8.3 Upon completion of the Online Return Procedure, the Customer will receive all the information necessary to return the Products..
8.4 The right to withdraw is subject to the following conditions:
Returned products must be returned in their entirety; parts or individual components will not be accepted even in the case of kits. Returned products must not have been used or damaged. Returned products must be returned in their original packaging. Returned products must be returned to the Seller in a single shipment; the Seller reserves the right not to accept products of the same Order if they are returned and delivered at different times. Returned products must be delivered to the courier within 7 (seven) working days from the date of receipt of the same. In the event that the Seller offers discounts for the purchase of a specific package of products compared to the individual purchase (e.g. 5 for 4, 3 for 2, etc.), the right of withdrawal may be exercised for the return of some of the Products purchased. In this case, the price will be recalculated with reference to the normal price for a single product; in all other cases (e.g., grouping, premiums, etc.), the right to withdraw can only be exercised with the return of all products purchased, therefore all partial returns are excluded.
8.5 If the right to withdraw is exercised in accordance with the above conditions (Section 8.4), the Seller is obliged to reimburse the Customer within, and no later than, 30 days of receipt of the returned products. Normally, the amount initially paid to NITENS Pharma is refunded very quickly; however, the time needed for the actual amount to appear in the Customer’s account will depend on their bank.
8.6 In the case of return, the only cost borne by the Customer is the initial shipping cost for the order.
8.7 NITENS Pharma only undertakes to cover the initial shipping costs of the Products in the event of damage during transport or shipping errors made by the Seller. Only in such cases will the Seller refund the shipping costs to the Customer. The Seller will send a courier to collect the Product at the address specified by the Customer.
8.8 In returning the products, the Customer may use the courier service indicated by the Seller in the Online Return Procedure. In this way, the Customer will not be required to personally pay the cost of returning the purchased products, as it will be paid directly by the Seller on the behalf of the Customer. Subsequently, subject to the provisions of paragraph 8.7 and with exception of in the case of returning defective products, the Seller retains a lump sum from the return equal to the cost previously incurred by the Customer for the shipping and delivery of the products purchased, i.e. the shipping costs normally charged for the country of destination. Furthermore, from the moment the courier takes possession of the Products indicated by the Seller in the Online Return Procedure, the Seller holds the Customer harmless for any loss or damage to the Products during transport.
8.9 When the right to withdraw has been exercised, the Seller will refund the amount paid by the Customer within 30 (thirty) days from the date of receipt of the Products as indicated above, crediting the amount to be refunded with the same payment method selected by the Customer upon ordering.
8.10 When the right to withdraw has been exercised without complying with the provisions of Article 8, the Seller will return the purchased Products to the Customer, charging them the additional shipping costs.
8.11 The right to withdraw cannot be applied in the case of products which have been customised at the express request of the Customer at the time of the Order.
9. Warranty for non-compliant products
9.1 The Seller is liable for any defects in the products offered on the website, including the lack of conformity of the items delivered to the products ordered, in accordance with the provisions of Italian law.
9.2 If the Customer has entered into the contract as a Consumer (i.e. any individual who purchases on the website for purposes not related to any commercial or professional activity), this guarantee is valid provided that the following two conditions are met:
A) The defect occurs within 24 months from the date of delivery of the products.
B) The Customer must immediately send a formal complaint regarding the defects by registered mail, sending it to the address referred to in Article 10 of these conditions.
9.3 In particular, in the event of a non-compliant product, the Customer who concluded the contract as a consumer is entitled to receive a compliant product by repair or replacement free of charge, or to obtain an adequately reduced price or termination of the contract with respect to the disputed goods and the resulting refund.
9.4 All costs for the return of defective products will be covered by the Seller.
10. Contact information
For further information, the Customer can contact the Seller at the following email address: email@example.com
11. Communication with the Customer
The Customer acknowledges and accepts that all communications, notifications, certificates, information, financial reports and any other documentation relating to the operations carried out for the purchase of the Products will be sent to the email address indicated upon registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided on the website.
13. Applicable law, dispute resolution and jurisdiction
These General Terms and Conditions of Sale are governed by law and are interpreted in accordance with this provision, without prejudice to any other mandatory rules of the country of habitual residence of the Customer. Therefore, the interpretation, execution and termination of the General Conditions of Sale are governed exclusively by Italian law and any dispute relating to and/or arising from them will be resolved exclusively by the judicial authorities of that country, the Court of Justice of the place of the registered office of the Seller, Nitens Pharma S.r.l., having exclusive jurisdiction in any dispute relating to this contract. The General Terms and Conditions of Sale and the Order Form have been drawn up in several languages. In the event of inconsistencies or different interpretations, the Italian version shall prevail.
14. Edit and update.
The Seller may make changes to these General Terms and Conditions of Sale at any time. Therefore, the Customer must only accept the General Conditions of Sale in force at the time of purchase. The new General Terms and Conditions of Sale apply from the date of publication on the website www.nitenspharma.com and are relevant for the purchase of orders placed after that date.