Conditions of Sale

Premises of the Contract:

These terms and conditions of sale (hereinafter "terms and conditions") have as their object the regulation of the purchase of products carried out remotely and made available, via the Internet, from the website www.pfghealth.it (hereinafter "the Site ") in compliance with Italian legislation on distance contracts (Legislative Decree 70/2003);
This site is owned by PFG HEALTH Srl (hereinafter PFG HEALTH) with registered office in Via XX Settembre 66 - 25121 Brescia (BS) and with VAT number 04481470989, and is dedicated to the retail sale of para-pharmaceuticals, cosmetics and supplements;
PFG HEALTH observes the legislation regarding distance contracts, pursuant to art. 50 and following of the Legislative Decree. 206/2005 and Legislative Decree. 70/2003 and subsequent amendments and additions. Contracts concluded remotely with PFG HEALTH through the site are governed by these terms and conditions in compliance with Italian legislation;
The Customer is required, before sending the order, to carefully read the terms and conditions that have been made available to him on the Site, to allow reproduction and storage.

Art.1 - Premises

The premises form an integral part of these TERMS AND CONDITIONS OF SALE;

Art. 2 - Definitions

The expression "online sales contract" means the purchase and sale contract relating to PFG HEALTH's tangible movable assets, stipulated between it and the Buyer as part of an online/remote sales system via telematic tools. The expression "Buyer" means the natural or legal person who makes the purchase, referred to in this contract;

Art. 3 - Object of the Contract

PFG HEALTH sells and the Buyer purchases with an online/distance sales contract, through the internet, the products selected and ordered by the Buyer from those included in the electronic catalog on the website www.pfghealth.it and currently available;

Art. 4 - Method of stipulation of the Contract

The contract between PFG HEALTH and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address www.pfghealth.it , where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods referred to in point 2 of the Premises of the Contract.
The contract is considered concluded, and is binding for both parties, after the exact completion of the request form and the consent to the purchase and the subsequent confirmation of the registration of the purchase order placed by the Buyer via summary message of the order, sent to the email address indicated by the Buyer himself and/or with a web screen.
The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point. In the event of any unforeseeable stock runs out due to unforeseeable factors and/or other causes, PFG HEALTH undertakes to promptly notify the Buyer via e-mail of the unavailability of the product and to refund, or in any case not charge, the Buyer the corresponding price, or to inform the Buyer what the waiting times are to obtain the chosen good, asking whether he intends to confirm the order or not.
PFG HEALTH reserves the right not to accept incomplete and/or not duly completed purchase orders by communicating this via email to the email address indicated by the Buyer and/or via web screen;

Art.5 - Buyer's obligations

The Buyer undertakes to read and accept these terms and conditions. The Buyer undertakes, once the online purchase procedure has been completed, to print and/or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This is in order to fully satisfy the condition referred to in articles 52 and 53 of the Legislative Decree. 206/05 and subsequent amendments and additions.
The Buyer is strictly prohibited from entering false and/or invented data in the registration procedure necessary to activate the process for the execution of this sales agreement and the related further communications. Your personal data and email address must correspond exclusively to your personal data and not to those of third parties. The Buyer declares to be of age ;

Art.6 - Delivery times and methods

PFG HEALTH assumes the responsibility of delivering to the Purchaser, at the place indicated by the latter and by courier, the products selected and ordered by the same. Deliveries are possible exclusively in Italian territory, in San Marino and Vatican City. Deliveries take place approximately within 3 working days, starting from the date of transmission of the purchase order confirmation by PFG HEALTH. No deliveries are made on Saturdays, Sundays and public holidays;

Art.7 - Transport damage

In the event that the Buyer finds any external damage to the packaging or the mismatch in the number of packages, he must immediately place a written control reservation on the Courier's proof of delivery or refuse to accept the damaged package, writing in pen the reason on the consignment note that the Courier requires you to sign upon receipt of delivery. The Buyer who has accepted the package subject to inspection and has subsequently found damage to the product must, within 7 days of delivery, report the damage by sending an email to the certified email address (PEC) pfghealth@pec-legal .it or to wecare@pfghealth.it . In addition to the reason for the complaint, the Buyer must also specify the purchase order number and the tax documentation;
In the event that the Buyer finds damage to the product due to transport not visible from the outside or the mismatch in the number of products received, he must report the damage, in the first case within 7 days of discovery and in the second within 7 days of delivery , by sending an email to the certified email address (PEC) pfghealth@pec-legal.it or to wecare@pfghealth.it . In addition to the reason for the complaint, the Buyer must also specify the purchase order number and the tax documentation;

If the Buyer does not act in the ways and within the terms indicated in the previous points 1 and 2 of this article, he will lose the rights to replacement or refund.
Following the complaint filed by the Buyer, PFG HEALTH. will replace the damaged product. In the event that, for any reason, PFG HEALTH is unable to replace the product, it may proceed with the refund of the entire amount paid or its replacement with a product of equal or greater value in agreement with the Buyer;

Art. 8 - Reporting defects and legal guarantee

PFG HEALTH has the obligation to deliver goods to the buyer that comply with the sales contract and is liable to the Buyer for any lack of conformity existing at the time of delivery of the goods.
The products are covered by the two-year legal guarantee for defects of conformity pursuant to art. 128,129, 130, 131, 132, 134, 135 of the Legislative Decree. 206/2005 and subsequent amendments and additions. The guarantee is reserved for the consumer as defined by the Legislative Decree. 206/2005 and subsequent amendments and additions. The buyer will lose the warranty if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.

The legal guarantee only covers the replacement of goods that do not comply with the sales contract. The guarantee does not apply in the event that the reported defects derive from incorrect storage, handling or use or transport of the product by the consumer or in the event of failure to comply with the instructions provided by the manufacturer on the product label. Likewise, the guarantee does not apply every time the defect is attributable to the culpable or malicious conduct of the consumer or depends on other causes not attributable to the production and transport of the product to the consumer's home.

In the event that the Buyer finds defects of conformity, he must report the damage, within 2 months from the date of discovery of the defect, by sending an email to the certified email address (PEC) pfghealth@pec-legal.it or to wecare@pfghealth.it . In addition to the reason for the complaint, the Buyer must also specify the purchase order number and the tax documentation.

In the event of a lack of conformity, duly reported within the established deadlines, the Buyer will have the right to replace the product within a reasonable period unless the remedy itself is objectively impossible or excessively onerous or secondarily will have the right to a price reduction or upon termination of the contract. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out repair or replacement remedies does not give the right to terminate the contract.

PFG HEALTH reserves the right to verify the existence of the lack of conformity and reserves the right to inform the buyer if it will collect the defective product from the buyer's home. The operating times for carrying out the activities relating to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect. PFG HEALTH will never, under any circumstances, be burdened with charges resulting from any delays in the delivery of the replaced product or from the refund of the price. In any case, except in exceptional cases, the replacement will be carried out within 60 days of delivery of the defective product to PFG HEALTH. Otherwise, the Buyer may exercise one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account any use of the goods);

Art.9 - Right of withdrawal

Pursuant to the law, the Buyer may exercise the right to withdraw from the contract without specifying the reason and without paying a penalty within 14 days starting from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last good where the information obligations provided for in the art. have been satisfied. 52 of the Legislative Decree. 206/2005 and subsequent amendments.

The right of withdrawal must be exercised by the Buyer by sending a communication to the certified email address (PEC) pfghealth@pec-legal.it or to wecare@pfghealth.it . The communication must include the name, address, the purchase order number, the intention to withdraw from the purchase and the product or products for which you intend to exercise the right of withdrawal; the Buyer must also attach a copy of an identity document, a copy of the tax purchase documentation, indicate both a telephone number on which he can be contacted and the bank details of the current account in which he wishes to receive a refund of the amount paid.
To respect the withdrawal deadline, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
Once the notice of withdrawal has been received, PFG HEALTH will communicate to the Buyer the address to which the products to be returned will be shipped and the authorization to return the products themselves.
The Buyer must send the product carefully packaged in its original packaging, complete with everything originally contained, to the address communicated. Shipment by the Buyer must take place via courier or delivery to the Seller or to a third party authorized by the latter within 14 days of notification of withdrawal from the contract to PFG HEALTH. Upon receipt of the products or until the buyer has demonstrated that he has sent the goods back, whichever occurs first, PFG HEALTH will refund the buyer the amount paid. For the purposes of the deadline, the goods are considered returned when they are delivered to the accepting post office or shipping company.
In case of exercising the right of withdrawal within fourteen days pursuant to art. 64 paragraph 1 Legislative Decree. 206/2005 and subsequent amendments and additions, the costs incurred by the Buyer for returning the products to PFG HEALTH are borne by the Buyer.
In case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 Legislative Decree. 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
In the case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 Legislative Decree. 206/2005 and subsequent amendments and additions, PFG HEALTH will refund the sums paid by the Buyer within 14 days from the day on which it is informed of the Buyer's decision to withdraw from the contract using the same form of payment used by the Buyer for the initial transaction , unless otherwise expressly agreed with the Buyer. The refund may be suspended until receipt of the goods or until the Buyer demonstrates that he has sent the goods back, whichever is earlier;

Art. 10 - Prices

All sales prices of the products displayed and indicated on the website www.pfghealth.it constitute an offer to the public pursuant to art. 1336 cc
The Buyer will pay PFG HEALTH for the products purchased the price indicated in the online catalog at the time the Buyer placed the order. This price will be expressed in Euros and will include VAT.
The shipping costs of the products, where applicable, will be borne by the Buyer, will be applied according to the prices indicated in the specific section published on the website www.pfghealth.it, which the Buyer has read before making the purchase. order. Product prices may be updated and therefore subject to daily variations;

Art.11 - Contribution to shipping costs

The buyer will pay PFG HEALTH, as a contribution to shipping costs, the fixed amount of €5.90 euros for amounts up to €89.99; no transport costs will have to be paid for amounts exceeding €90.00;

Art.12 - Promotions and gifts

Any proposed promotions and the offer of any free products are valid until stocks of the products are exhausted and within the purchase limits indicated on the website www.pfghealth.it. The products on promotion may be delivered in promotional packages, different from those published on the website www.pfghealth.it .
Any discount codes received cannot be combined, they do not apply to other promotions already in progress nor to the calculation of the minimum threshold of €90.00 to get free shipping. No replacement or return is possible in relation to any products received free of charge by the Buyer;

Art.13 - Responsibility

PFG HEALTH Srl assumes no responsibility for disservices attributable to force majeure of any nature or kind, in the event that it is unable to execute the contract within the agreed times.
Causes of force majeure include, by way of example and without limitation, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as measures by the Public Authority, the strike of its own employees or of the carriers of which PFG HEALTH Srl takes advantage of, as well as any other circumstances that are beyond the control of the latter.

Without prejudice to the provisions of the art. 8 of EU Directive 97/7 and art. 56 Legislative Decree 206/2005 and subsequent amendments and additions, PFG HEALTH Srl assumes no responsibility for any fraudulent use made by third parties of the credit card data provided by the Buyer. PFG HEALTH Srl cannot be held responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its sub-suppliers.

PFG HEALTH Srl will also not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional charges supported;

Art.14 - Payment and invoicing methods

The Buyer will pay for the products ordered according to the following methods: credit card (including prepaid) and/or digital wallet and/or Paypal and/or bank transfer.
The credit cards accepted by PFG HEALTH are: Visa, American Express, Mastercard, Maestro.
Once the payment method has been chosen, the Buyer will be directed to the relevant site to carry out the transaction and complete the payment.

In case of payment by bank transfer, the order will be prepared only after the payment has been received ( payment by bank transfer must be received within 3 working days of placing the order. After this date the order will be considered null and void ) .

Payment will include shipping costs, where applicable, to be paid by the Buyer, according to the methods of the offer published on the website www.pfghealth.it (for further information, consult the appropriate page ).

PFG HEALTH will send the invoice via certified email (PEC) only to Buyers registered with a VAT number and who have requested it by "ticking" the appropriate box on the check out page.

For all others, the order confirmation email is considered as receipt. For the issuing of the tax document, the indications provided by the Buyer at the time of the order will prevail. No changes will be possible after the issuance of the tax document. To this end, the Buyer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records;

Art.15 - Termination of the Contract and Express Termination Clause

The obligations assumed by the Buyer in art. 5 above (Buyer's Obligations), as well as the guarantee of the successful completion of the payment that the Buyer must make, are essential in nature, so that, by express agreement, the Buyer's failure to fulfill only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of PFG HEALTH to take legal action for compensation for further damage;

Art.16 - Security

Online transactions by credit card and Paypal are carried out on the respective sites, via secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a way designed to avoid interception, modification or falsification of information.
PFG HEALTH NEVER becomes aware of the customer's credit card or PayPal account data.

Art.17 - Modifications

PFG HEALTH reserves the right to vary these terms and conditions at any time, publishing the updated version from time to time on the website and www.pfghealth.it . Any new clauses will be effective for purchases made after the date of the modification;

Art.18 - Applicable law

This contract is regulated by the Italian law. These terms and conditions refer, although not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and additions;

Art.19 - Competent court

Any dispute relating to the application, execution, interpretation of this contract stipulated online via the website www.pfghealth.it is subject to Italian jurisdiction. For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent, if located in the territory of the Italian State;

Art. 20 - Protection of confidentiality and processing of the Buyer's data

PFG HEALTH Srl, independent data controller of the Buyer, protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 196/2003 and the EU Regulation 679/2016. The personal and fiscal data acquired directly and/or through third parties by PFG HEALTH , independent data controller, are collected and processed in paper, electronic and telematic form, in relation to the processing methods with the aim of recording the order and activating towards you the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service (art. 24, paragraph 1, letter b, Legislative Decree 196/2003 and Article 6 of EU Regulation 679/2016).

PFG HEALTH Srl undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law. Personal data will be communicated, upon signing of a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.

With regards to your personal data, we inform you that you can exercise the rights provided for by the art. 15 et seq. of EU Regulation 679/2016, as well as art. 7 of the Privacy Code, reported below:

1) Access to the following information:

purposes of the processing,
categories of personal data in question,
recipients or categories of recipients to whom such personal data have been or will be communicated, in particular if recipients are from third countries or international organisations,
existence of the interested party's right to ask the data controller to rectify or delete personal data or limit the processing of personal data concerning him or to oppose their processing;

2) Rectification: that is, the correction of inaccurate personal data concerning him without justified delay, integration of incomplete personal data, including by providing a supplementary declaration;

3) Deletion of data concerning you without unjustified delay, if:

the data are no longer necessary with respect to the purposes for which they were collected or otherwise processed,
a withdrawal of consent is formulated and there is no other legal basis for the processing,
you object to the processing and there is no overriding legitimate reason to proceed with the processing,
the personal data have been processed unlawfully,
personal data must be deleted to comply with a legal obligation,
the personal data were collected in relation to the offer of information society services;

4) Limitation of processing:

if you contest the accuracy of the personal data, for the period necessary for the data controller to verify the accuracy of such personal data
when the processing is unlawful and the interested party opposes the erasure of the personal data and instead requests that their use be limited,
when the personal data are necessary for the interested party to ascertain, exercise or defend a right in court, even though the owner no longer needs them for the purposes of the processing,
if you object to the processing by virtue of the right to object;

5) Receive notification in the event of rectification or deletion of personal data or limitation of processing;

6) Data portability: i.e. the right to receive personal data concerning you in a structured, commonly used and machine-readable format and has the right to transmit such data to another data controller, if the processing is based on the express consent of the interested party for one or more specific purposes or occurs pursuant to a contract signed with the interested party and
the processing is carried out by automated means;

7) Object at any time, for reasons related to your particular situation, to the processing of personal data concerning you. You have the right to lodge a complaint with a supervisory authority if you believe that the rights indicated herein have not been recognized.

To exercise the above rights you can contact the Data Controller by sending an email to dpo@pfghealth.it .

The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer's request cannot be processed.

In any case, the acquired data will be kept for a period of time no longer than is necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
Further information on the privacy & cookie policy adopted on the site can be found in the appropriate Privacy and Cookies sections;

Art. 21 - Method of archiving the contract

Pursuant to art. 12 of Legislative Decree 70/2003, PFG HEALTH informs the Buyer that each order sent is stored in digital form at the PFG HEALTH headquarters according to confidentiality and security criteria.