General conditions of sale and terms of use of the Pheal Online Commerce Site

The Site ("Site") is the information and electronic commerce site of the Pheal company of Giulia Capra ("Pheal"), with registered office in Brescia (Bs) - Via Fabio Filzi 84 - VAT number 04102710987, n. . registration in the Company Register held by the Chamber of Commerce, Industry and Crafts of Brescia (REA number) 588489.
The Site is owned by the Pheal company, which is also the owner of the domain name.
The brand of the Pheal company and the relative logo is protected by law and correctly registered under no. 302019000087402 found on the Site

Through the Pheal online site, "distance selling" is implemented, governed by specific legislation, a sale that takes place without the physical and simultaneous presence of the seller and the consumer; and this, in the case of Pheal, through the exclusive use of this Site structured for commerce via the Internet until the conclusion of the contract, including the conclusion of the contract itself.
This contract is understood to be concluded with the acceptance, even partial, by Pheal of an acceptance purchase proposal. The proposal is deemed irrevocably formulated by the customer through the order and payment made on the Pheal website.

The general terms and conditions described herein are an integral part of any proposal, purchase order and purchase order confirmation of the products marketed by Pheal, in effect on the date the order is placed.

Browsing within this Site and/or purchasing products implies acceptance of the terms, conditions and methods set out on this Site .

By placing a purchase order, the Customer certifies:

  • to be a consumer (see Consumer Code);
  • must be an adult
  • that the data provided for the requested service are correct and truthful;
  • that they have read and fully accepted the conditions that affect the contract shown on the Site .

Pheal reserves the right to modify these General Conditions without notice; the changes will be valid from the date of publication on the Site and will apply only to orders sent after the publication of these changes.

The language used to conclude the sales contract is exclusively that provided by the Site; no other language is allowed in the context of the commercial relationship between the Parties (Seller and Consumer together).

With the complete registration of the personal data required for the purchase order, the consumer certifies that he has read and accepted what is reported in the appropriate section relating to "Privacy".

If the Consumer, following loss or theft or for any other reasonable cause, has reason to suppose or fear that any unauthorized person may illegitimately or without authorization use his or her access credentials to this Site, he is required to give immediate communication to the Seller who will block access. In the event of theft, theft, fear of illegitimate use in general and/or loss of a credit card or other form of electronic money permitted by the Seller for payments, the Consumer is required to file a complaint with the competent Authority by providing a copy of the complaint to the Pheal, also in order to collaborate in the identification of the culprit.

The technical information of the products included in the Site faithfully reproduce the information provided by the manufacturers of the goods included in the catalogue. Therefore, the Seller reserves the right to modify the technical information of the products to adapt them to those provided by the manufacturers, without the need for any prior notice.
The image accompanying the description of a product may not be perfectly representative of its characteristics, and may differ in colour, size and accessory products shown in the figure, also in light of possible packaging changes made by the product manufacturer; all purchase support information is to be understood as simple generic information material, not referable to the real characteristics of each individual product.
All products marketed by Pheal through the Site are covered by the legal guarantee for lack of conformity, as required by the Consumer Code. To use the warranty assistance, the Consumer must keep the invoice that he will receive together with the purchased products.
The Seller guarantees the products sold as free from any defect attributable to the same.
The selling prices of the products on the Website  constitute an "offer to the public". They are inclusive of VAT and all other taxes. Shipping and packaging costs, where expressed, are inclusive of VAT.

If, between the time of purchase and the actual shipment of the goods, there are variations in the shipping costs or in the goods ordered or in the taxes, Pheal will assume the relative burden. Therefore, these variations cannot give the right to withdraw or return the goods.

Pheal assumes no responsibility for delivery delays due to factors external to the company, or unavailability of the carriers in the collection of goods typically due to congestion during the Christmas period and on the occasion of natural disasters or weather conditions and exceptional events.

Once the payment has been made, the relative invoice will be automatically generated and sent to the internet address indicated by the Customer.

Once the order has been placed, the Customer undertakes to:

  • Actively collaborate for the receipt of goods purchased and shipped to him having read, understood and accepted the shipping rules described below.
  • During order registration, do not use pseudonyms or fictitious data that could hinder the fulfillment of orders, knowing in any case that you are protected by the rules for the processing of personal data clearly governed by the law and by the appropriate section of this site .
Any information or news provided on this Site, in particular any information or news relating to health conditions, medical and/or preventive treatments, drugs, pathologies or ailments, is presented purely as an indication and in general and with the exclusive informative objective to guide the user to a correct and informed choice.
The information on the Site is the faithful reproduction of what was communicated by the suppliers/distributors of the product and must in no way replace the direct relationship between the health professional and the patient; Pheal reports on its technical data sheets the official data available from its manufacturers and, therefore, assumes no responsibility for the contents and their accuracy.
The use of the products and the assumption of the same is therefore under the sole responsibility of the customer.
This Site therefore does not provide medical advice and does not in any way replace the advice of the attending physician.
In the presence of pathologies, it is necessary to consult your doctor before using the products purchased on the Site. To this end, it is the customer's responsibility to carefully check the constituent elements of the products purchased, as well as the possible presence of allergens and to verify their compatibility with your health conditions.
The order placed by the Consumer through this Site will be binding for Pheal only if:

  • the entire order procedure will have been completed regularly and correctly;
  • there has not been any highlighting of error messages to the Consumer by the Site.

The order is considered accepted, with the consequent conclusion of the sales contract, at the time of making the payment using one of the methods offered by the Site.

Pheal will confirm correct receipt and acceptance of the order by simultaneously sending the Consumer an e-mail message to the address communicated to the Site by the Consumer.
The Consumer undertakes to verify the correctness of the data contained in the above e-mail message and will promptly notify Pheal of any corrections using the communication form with Pheal.

In case of unavailability of the products, the Customer is prevented from completing the order.
Each customer has the availability of his own personal area in which he can view the progress of the orders placed.
Online registration
After having registered on this Site and having consented to the processing of their personal data, the Consumer will choose the products he wants to buy; this choice will involve the inclusion of the selected products in a virtual shopping cart. Furthermore, the Consumer will select the payment method.
Once the choice of products has been completed, the Consumer will be able to view the products included in his virtual shopping cart, proceed with any modifications, and subsequently confirm the order.
By placing an order, the Consumer declares to have read and accepted these General Conditions.
The goods purchased through the Site will be delivered to the address indicated by the Consumer.

Pheal carries out deliveries, by courier, only in the territory of the Italian State and in the countries that appear in the list.
Inside the package containing the ordered products, will be inserted the transport document (DDT), which contains the detailed information of the products (customer name, product code, quantity, lot, etc.), or the picking list will be inserted which shows essentially the same data.

Upon delivery of the goods by the carrier, the Consumer is required to check that the number of packages delivered corresponds to what is indicated on the invoice and that the packaging is intact, not damaged or altered.
Any external damage or the mismatch in the number of packages or indications must be immediately reported to the courier who carries out the delivery, adding the wording "withdrawal with reserve" on the appropriate accompanying document and confirmed, within 8 (eight) days, by sending a registered letter with return receipt or an e-mail to the courier, whose address is shown on the accompanying document. In the specific case of a damaged package, write "withdrawal with reserve because the package is damaged". It is also required to open an anomaly file with Pheal, by using the problem reporting function in the order form.
Once the courier's document has been signed, the Consumer will not be able to make any objection regarding the characteristics of the packages delivered, except as provided for in relation to the Right of Withdrawal.

The times for delivery to a specific address of the products ordered, listed below, are purely indicative; the relative timing may undergo variations due to force majeure, due to traffic conditions and road conditions in general or by act of the Authority.

Nationwide delivery.
The standard delivery of the products, unless otherwise agreed in writing between the Parties, will take place on the basis of the following:

  • Orders received by 3.00 pm (or 4.00 pm if more orders than normal are received), from Monday to Friday (excluding public holidays), will be processed by courier on the same day and will be received by the Customer on the following day. Not all deliveries can be made within 24 hours (or within the day following the order) if there are particular logistical problems (historical centers with limitations, disadvantaged areas, etc.);
  • Orders received on Saturdays or Sundays or on public holidays will be delivered to the carrier within the first working day (excluding Saturdays) following the day the order is placed.
    In any case, delivery times cannot exceed 3 (three) days from the day after the order is sent.

Delivery abroad
I tempi non possono essere preventivati a priori per ogni nazione, ma saranno simili a quelli nazionali.

The delivery costs are borne by the Consumer who takes note of them when requesting the products on the Site, before requesting to send the order, and who therefore accepts the amount.
If a product does not include delivery costs, the free delivery is detectable in any case at the time of requesting the products on the Site.
The payment of the products can take place through various methods indicated below.

Credit card
Payment by credit card will take place at the same time as the Consumer sends the order.
The credit cards accepted are all those that rely on the Visa, Mastercard and American Express circuits.
In case of non-acceptance of the order, Pheal will request the cancellation of the transaction and the release of the committed amount. The release times depend exclusively on the banking system and can reach their natural expiry (24th day from the authorization date). If the cancellation of the transaction is requested, in no case can the Seller be held responsible for any damages, direct or indirect, caused by delay in the failure to release the committed amount by the banking system.
The Seller reserves the right to ask the Consumer for additional information (e.g. landline telephone number) or to send copies of documents proving ownership of the Credit Card used; in the absence of the required documentation, the Seller reserves the right not to accept the order.
Information relating to the Consumer's Credit Card remains unknown to Pheal, as such information is entered directly on the Website of the banking institution which manages the transaction via a secure connection which allows communication in a manner designed to avoid interception, modification or falsification of information. Since there is no data transmission, there is no possibility that this data will be intercepted. No computer archive of the Seller can contain, does not contain, nor does it store such data; therefore in no case can the Seller be held responsible for any fraudulent or illegal use of credit cards by third parties.

In case of purchase through the PayPal payment method, at the conclusion of the order, the Consumer is directed to the PayPal login page.
In the event of non-acceptance of the order, the Seller will immediately refund the amount paid by the Consumer to the Consumer's PayPal account.
If the cancellation of the transaction is requested, in no case can the Seller be held responsible for any damages, direct or indirect, caused by delay in the failure to release the amount committed by PayPal.
Pheal, at no time during the purchase procedure, is able to know the financial information of the Consumer. Since there is no data transmission, there is no possibility that this data will be intercepted. None of the Seller's computer files contain or keep such data.
For each transaction made with the PayPal account, the Consumer will receive a confirmation email from PayPal.

The right of withdrawal is governed by specific legislation.
The Seller will process the Consumer's personal data in compliance with current legislation on Privacy and with what is specified in the specific Information published on the Website and which can be consulted in a specific section of this Website
The Consumer will be able to give consent to the processing of their personal data, by ticking the appropriate boxes on the Site at the end of the information; a copy of the information may be acquired by the Consumer directly from this Site in the section concerning Privacy.
These General Conditions are governed by Italian law.
The place of jurisdiction for any dispute is that of Brescia (Italy).

Brescia, 1 March 2020

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