This document sets out the general terms and conditions on the basis of which the use of the website is offered to users
1. Definitions
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: Stefano De Angelis, Deakos SRL - Corso Nazionale, 169 - 19125, La Spezia - P.I. 01155830118
Application: the e-Commerce website
User: any individual who accesses and uses the Application
Terms: this contract governing the relationship between the Owner and Users.
2. Detailed information about the offer of the Application
The Application provides Users with the ability to purchase: parapharmaceutical products
3. Scope of the Conditions
Use of the Application implies User's acceptance of the Terms. If the User does not intend to accept the Terms and/or any other notes, legal notices, disclosures published or referred to therein, he/she will not be able to use either the Application or the related services.
The Conditions may be changed at any time. Any changes will be in effect from the time of their publication on the Application and in the Catalog.
Before using the Application or the catalog and placing orders, you should read the Terms carefully and save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time, the graphical interface of the Application and catalog, the contents and their organization, as well as any other aspect that characterizes their functionality and management, communicating to the User, where necessary, the relevant instructions.
4. Licenses for use.
The Content and/or materials available on the Application are protected by copyright, other rights granted by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the Content and/or materials available on the Application and catalog that is not authorized and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below on the condition that the User agrees to abide by the terms and conditions of the License.
The Owner allows the User to reproduce, distribute, communicate to the public, perform, recite, transform the Content and/or materials available on the Application by any means and format, for any purpose, including commercial, provided that the User acknowledges the authorship of the work to the Owner and provides a link of the Application and catalog and indicates whether any changes have been made.
5. Exclusion of warranty
The Application and the catalog are provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the Owner's control or due to force majeure events.
6. Limitation of Liability
The Holder shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its suppliers. The Holder shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes beyond its control. The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment. The Holder shall not be liable for: any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the breach of contract by the Holder or incorrect or unsuitable use of the Application by Users or third parties. ln no event shall the Holder be liable for more than twice the amount paid by the User.
7. Force majeure
The Holder shall not be held liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, to unforeseen and unforeseeable events and, in any case, beyond its control.
The Holder's performance of obligations will be considered suspended for the period during which force majeure events occur.
The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
8. Registration
In order to use certain features of the Site, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (www.deakos.com) and these Terms. It is the User's responsibility to guard his/her access credentials.
It is understood that under no circumstances shall the Holder be held liable in the event of loss, dissemination, theft or unauthorized use by third parties, for whatever reason, of Users' access credentials.
9. Account deletion or termination
Registered Users may deactivate their accounts or request their deletion through the Site interface or by sending written notice to info@deakos.com, or by calling Customer Service at 800-944-350.
The Owner, in the event of User's violation of these Terms or applicable legal provisions, reserves the right to suspend or terminate User's account at any time and without notice.
10. Billing
In the event of a request for invoicing the User is provided with an invoice for the products purchased. For the issuance of the invoice will be based on the information provided by the User, which he declares and guarantees to be true, releasing to the Owner every ample indemnity in this regard.
11. Linking to third-party sites
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. ln these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
12.Reviews
You are permitted to leave a review ("Review") about the Products on the Site, subject to the following terms and conditions:
(a) Review can only be left by all users who have used the product;
(b) The Review can only be about the Products;
c) in order to enter a Review, the User must fill in the appropriate form on the Product Sheet, entering all the required data as mandatory (i.e. vote; name under which the Review will be published, which may also be different from the name under which the user registered with the Site; title and text of the Review);
(d) the Review will be published within a maximum of 15 days, if deemed suitable, pursuant to the following provisions;
(e) The assessment of suitability is made by DEAKOS S.r.l. at their absolute discretion;
f) only Reviews that have as their subject the Product purchased, specifically its use, personal experience and results obtained will be published. Any other subject other than that will be possible to submit a formal ticket to DEAKOS S.r.l.
g) Reviews that have content that is defamatory and/or offensive and/or vulgar and/or, in any way, contrary to law, public order, morality and/or reputation and/or the rights of DEAKOS S.r.l. and/or any third party will not be, as prohibited, published;
h) Reviews that are lacking even one of the data requested in the form provided as mandatory will not be published (for example, reviews that do not contain any text will not be published);
(i) Reviews that have advertising content will not be published;
(j) threats of any kind, incitement to hatred, racism, homophobic or, in any way, discriminatory comments, and abuse of any kind will not be tolerated; political protest and propaganda will not be allowed; Reviews having such content will not be published;
k) by entering the Review, you authorize DEAKOS S.r.l. to use it, indefinitely, free of charge, within the Site;
(l) Reviews entered cannot be deleted, subject to compliance with the regulations on the processing of personal data;
m) the rating of the Product corresponds to the mathematical average of the votes cast by users who have left a Review in relation to the Product;
13. Privacy
The protection and processing of personal data will be done in accordance with the Privacy Policy, which can be viewed at the page Privacy Policy.
14. Shipping, delivery of products and related expenses
The purchased products will be shipped to the address indicated by the Customer in the Order within 24-48 hours in Italy, from the acceptance of the Order by the courier, at the cost specifically indicated on the Site before the Order is sent. Depending on the type of product, the package will be sent vacuum-packed and temperature-controlled shipping. Shipping Details:
Courier with temperature-controlled transport:
Express courier (only for orders that do NOT contain products that require refrigerated transport):
For orders in Italy over €39.90, shipping is FREE
The Holder reserves the right to accept or not accept deliveries requested outside Italian or European borders. In any case, for deliveries to be made outside Italian borders, shipping costs and delivery times may vary and you are invited to contact us by email before proceeding with the payment of your order.
With regard to deliveries requested to countries outside the European Union, any customs import charges will be borne by the recipient. Therefore, the Customer is invited to contact the customs authorities of his/her country in advance to verify the costs and possible import limits.
The delivery times indicated by the Holder are to be considered purely indicative and a delay with respect to the same, or any delivery made by successive fractionated shipments shall not entitle the Customer to the refusal of the same delivery and the claim for compensation or indemnity.
Upon delivery of the products, the Customer is required to check:
That the number of packages being delivered corresponds to what is indicated in the transport document.
That the packaging is undamaged, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping).
Any damage to the packaging and/or the product or the mismatch of the number of packages or indications, must be immediately detected by making a specific indication on the delivery document of the product to be returned to the courier.
Any problems inherent in the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery in the manner provided herein.
15. Returns and right of withdrawal
The consumer has the right, within a period of 10 days after receipt of the goods, to exercise the right of withdrawal. This right consists of the right to return the purchased goods to the seller, and the resulting refund relative to the purchase price, meaning the net amount paid for the goods excluding additional expenses such as packaging, labor, transportation.
In particular, the consumer who intends to make use of the right of withdrawal must send appropriate notice to the store within 10 days from the date of receipt of the Products. The notice of withdrawal must be sent by registered letter with acknowledgment of receipt or by telegram, telex or telefax confirmed by registered letter with acknowledgment of receipt within 48 hours to the address of the store.
The consumer must also return the undamaged Products to the store in question, at the address stated by the consumer, within ten days from the date of receipt of the Products together with a photocopy of the invoice. Shipping costs will be borne by the consumer. Within 30 days from the date of receipt of the returned products, the store in question will refund to the consumer the amounts already paid excluding incidental expenses (packaging, labor, transportation). The right of withdrawal will be approved only if the original packaging wrappings have not been opened and no label certifying the integrity of the product has been removed or damaged.
Make sure you have the following data ready:
original invoice or accompanying document (showing the order and invoice number and customer number).
In case of partial withdrawal, item code(s), serial number.
Bank details on which to obtain the transfer (ABI - CAB - Current Account of the invoice holder)
Of course we remain available for any questions, clarifications or further information, in the contacts you will find the necessary information to reach us.
16. Applicable law and place of jurisdiction
The Conditions are subject to Italian law.
Any dispute relating to the application, enforcement and interpretation of these Terms shall be subject to the jurisdiction of the courts of the place where the Owner is located.
Last updated on 09/26/2022