GENERAL TERMS AND CONDITIONS OF SALE AND E-COMMERCE

These General Terms and Conditions of Sale and E-commerce - applicable to web transactions managed through the website www.drgiorgini.com (hereinafter referred to as the "Site") - govern the purchase of Products made at a distance via the Internet on the site www.drgiorgini.com by individuals acting for non-professional purposes and purchasing the product as consumers (hereinafter "consumer", "buyer", "user" or "customer").

Please read carefully and understand these General Terms and Conditions of Sale before placing any order to purchase any Product and/or Service on the Site. Whenever the User intends to place an order for purchase, they must declare that they have read, understood, and accepted the contents of these General Terms and Conditions of Sale. If the User does not accept these General Terms and Conditions of Sale, they will not be able to place orders to purchase any Product for sale on the Site. The User is kindly requested to print and keep a copy of this document for future reference.

The following link provides the informative text regarding the applicable privacy legislation (hyperlink).

1. IDENTIFICATION OF THE SUPPLIER AND ITS RELATED E-COMMERCE

These general terms and conditions of online sale - applicable to web transactions managed through the website www.drgiorgini.com (hereinafter referred to as the "Site") - govern the offer and sale of products promoted online by SER-VIS S.R.L. (hereinafter referred to as the "Supplier" or "Seller"), headquartered at Zona Ind. S. Adriano 15/16. 50034 Marradi (FI) Italy, registered with the Chamber of Commerce of Florence under number FI-433842 VAT number 004419730488 with the following email address: consumers@drgiorgini.com

 

2. OBJECT OF THE CONTRACT

With the Contract, the Supplier sells and the Buyer purchases, through telematics tools, the Products offered on the Site.

The aforementioned Products are available on the Site, on the web page www.drgiorgini.com, which reproduces the catalog of Products promoted online by the Supplier. These Products are depicted/represented on the Site accurately, highlighting their respective characteristics. However, the Supplier cannot guarantee a punctual and exact correspondence between the real consistency of the Products promoted online and their representation on the Buyer's monitor. In case of discrepancies between the image of the Products visible online and the relative information sheet, prepared in writing, only the latter shall prevail.

3. PURCHASE PROCEDURE AND CONTRACT CONCLUSION
4. The customer can purchase one or more products from the electronic catalog of the website (illustrated and described in their respective information sheets) by adding them to the 'cart' and following the technical access procedures provided on the website.

2. The publication of the products listed on the website constitutes an invitation for the customer to make a contractual purchase proposal to SER-VIS. Before actually submitting the order, the customer is shown a page that summarizes, among other things, the selected products, their prices, and any shipping costs. The general conditions and privacy policy can be viewed, saved, and printed before submitting the order.

3. The order submitted by the customer constitutes a contractual proposal, and by sending such order, the customer acknowledges having full knowledge of and fully accepting these general conditions. The customer is encouraged to print and retain the summary of the order, displayed after its submission via the website. The 'notes' field, if present in the electronic order form, may only be used by the customer to provide any operational instructions (e.g. name for the intercom) and will not bind either Party of the Contract in any way, nor may it contain any derogations from these general conditions or any contractual terms.

4. SER-VIS reserves the right to accept or reject, at its discretion, the order submitted by the customer, without the customer being entitled to make any claims or rights of any kind in the event of non-acceptance of the order. The eventual acceptance of the customer's proposal is confirmed by SER-VIS through an order confirmation email sent to the email address provided by the customer. The purchase contract between SER-VIS and the customer is considered concluded upon sending the order confirmation to the customer, without prejudice to the verification referred to in paragraph 5.

5. The Customer acknowledges that the order confirmation referred to in the preceding paragraph is sent following an automated check. If, at the time of packaging and shipping of the Products. SER-VIS were to find any errors in the catalog or in the order regarding the price and/or characteristics and/or availability of a Product, it will promptly notify the Customer in order to agree on the modification or cancellation of the order.

6. The Customer, as a consumer, may exercise the right of withdrawal under the terms and conditions of the law, with reference to Articles 13 ("Right of withdrawal") and 14 ("Cases of exclusion of the right of withdrawal") of these General Conditions.

4. PRODUCT AVAILABILITY
5. The customer can only purchase the goods available in the catalog published on the Website. Prices and availability of Products, as indicated on the Website, are subject to change, but the price indicated at the time of purchase applies to the customer.
6. The Website highlights the Products available for shipping. The customer acknowledges that, due to possible simultaneous access to the Website by multiple users and the time elapsed between loading the web page and adding to the cart, the actual availability of individual Products may vary significantly during the same day compared to the indications reported on the Website. When the order proposal is sent by the customer, our staff will verify the actual availability of the purchased Products and notify the customer of any subsequent unavailability of one or more Products. SER-VIS undertakes to fulfill its obligations promptly and in any case in accordance with Articles 8 and 9 of these General Conditions; if the delivery times of the ordered product are delayed compared to those indicated on the Website before the order. SER-VIS undertakes to promptly notify the customer via an email message to the address provided by the customer during the purchase of the Products. If, for any reason, it is not possible to proceed with the delivery of the purchased Products in accordance with Articles 8 and 9 of these General Conditions. SER-VIS reserves the right to communicate to the customer the cancellation of the order and to provide a refund if the customer had already completed the payment.

5. PRODUCT PRICE AND DELIVERY COSTS. ANY CHARGES AND RESTRICTIONS

The customer will pay SER-VIS the price as stated on the order confirmation page. All product prices are listed on the website and include VAT. In the case of discounted products, the discount percentage, original or regular price, and final price are indicated.

Shipping is available to countries listed in the table below within 24/48 hours of order receipt, via express courier service.

Delivery Times	Destination	Order amount	Shipping cost	Order amount	Shipping cost
2 days	AUSTRIA	up to 90.00 €	8.90 €	over 90.00 €	Free
4 days	BELGIUM	up to 90.00 €	8.90 €	over 90.00 €	Free
3 days	BULGARIA	up to 100.00 €	18.50 €	over 100.00 €	Free
4 days	CZECH REPUBLIC	up to 90.00 €	11.60 €	over 90.00 €	Free
2/3 days	CROATIA	up to 100.00 €	18.50 €	over 90.00 €	Free
4-5 days	DENMARK	up to 90.00 €	13.50 €	over 90.00 €	Free
5 days	ESTONIA	up to 100.00 €	13.70 €	over 100.00 €	Free
5 days	FINLAND	up to 100.00 €	13.70 €	over 90.00 €	Free
2-3 days	FRANCE*	up to 90.00 €	8.90 €	over 90.00 €	Free
2 days	GERMANY	up to 90.00 €	8.90 €	Over 90.00 €	Free
4-5 days	GREECE	up to 100.00 €	13.70 €	over 100.00 €	Free
5 days	IRLAND	up to 100.00 €	13.70 €	over 100.00 €	Free
5 days	LATVIA	up to 100.00 €	13.70 €	over 100.00 €	Free
5 days	LITHUANIA	up to 100.00 €	13.70 €	over 100.00 €	Free
4 days	LUXEMBURG	up to 90.00 €	8.90 €	over 90.00 €	Free
3/4 days	THE NETHERLANDS	up to 90.00 €	8.90 €	over 90.00 €	Free
4 days	POLAND	up to 90.00 €	11.60 €	over 90.00 €	Free
4 days	PORTUGAL	up to 100.00 €	13.70 €	over 100.00 €	Free
2-3 days	ROMANIA	up to 100.00 €	15.40 €	over 100.00 €	Free
4 days	SLOVAKIA	up to 90.00 €	11.60 €	over 90.00 €	Free
2-3 days	SLOVENIA	up to 90.00 €	11.60 €	Over 90.00 €	Free
3 days	SPAIN**	up to 100.00 €	9.90 €	over 100.00 €	Free
5 days	SWEDEN	up to 100.00 €	13.70 €	over 100.00 €	Free
3 days	HUNGARY	up to 90.00 €	11.60 €	over 90.00 €	Free

* Shipment to Corsica is excluded

** Shipment to the Balearic Islands and the Canary Islands is excluded

This e-commerce site is not enabled for sales in Italy; this is by the express choice of Dr. Martino Giorgini, who – at present – does not intend to compete with the customers of Ser-Vis srl in the direct sale of products under the Giorgini Dr. Martino brand.

6. PAYMENT METHODS

Payments under the Purchase Agreement may be made via PAYPAL or CREDIT CARD.

The buyer's credit card information will be transmitted and managed by a third party ("Intermediary") through a secure connection directly to the Intermediary's website that handles the transaction. The accepted circuits are indicated on the Site before sending the order.

All transactions are subject to the relevant Privacy Policy.

 

7. TRANSPORT DOCUMENTS AND INVOICING

For each purchase contract completed through the Website, the corresponding order confirmation will be issued, and a courtesy copy of the purchase invoice based on the data provided by the Customer at the time of ordering will be included in the package.

The Customer assumes all responsibility for the accuracy of the aforementioned information. No changes to the invoice will be possible after its issuance.

 

8. SHIPPING AND DELIVERY TIMES
9. SER-VIS will normally process the order within 24/48 hours (excluding weekends and holidays) from the day of receiving it. Upon processing the order, SER-VIS will entrust the Products to the courier for delivery to the address provided by the Customer, as summarized in the order confirmation. Deliveries will be made via ground transportation within the estimated timeframes outlined in the table under article 5 (excluding weekends and holidays).
10. In the event of an issue with the courier during transportation and the package does not arrive at its destination within the indicative timeframe specified in clause 1, please send an email to consumers@drgiorgini.com.
11. The processing and delivery times specified in clause 1 are only indicative and not guaranteed, due to the multiple variables involved, with particular but not exclusive reference to the delivery phase by the courier. In compliance with current regulations, SER-VIS undertakes - subject to what is specified in the subsequent articles 9 (product delivery) and 11 (force majeure and acts of third parties) - to deliver the Products to the consumer within 14 days from the date of conclusion of the contract. No liability, for any reason, can be attributed by the Customer to SER-VIS if the Products are not delivered within the indicative timeframe specified in clause 1.
12. Delivery times refer to the Products available in the warehouse at the time of the purchase order. No liability can be attributed to SER-VIS for delays in the delivery of goods due to force majeure or unforeseen circumstances, as well as in the event of strikes, adverse weather conditions, special holidays, inventory checks, office relocations, changes to computer systems, and other extraordinary events; these events may cause delays in order processing, even for several days, beyond the indicative timeframes.

9. PRODUCT DELIVERY
10. All deliveries of the Products shall be at the risk of SER-VIS until the moment when the Customer or a third party designated by them physically takes possession of them.
11. Unless otherwise communicated to the Customer by SER-VIS, the delivery of the Products shall be at street level.
12. In order to make the delivery of the ordered Products, the presence of the Customer or their representative at the location specified by the Customer is necessary. The Customer or their representative shall accept the parcel on their behalf. In case of the Customer's absence (or that of their representative), the courier will leave a notice with instructions to arrange a different delivery date.
13. If delivery does not occur due to reasons attributable to the Customer (such as their absence and/or failure to contact the courier as per the previous clause 3), the Customer shall be liable to pay the shipping costs incurred by SER-VIS.

 

10. CHECKS AT PRODUCT DELIVERY (IF APPLICABLE)

At the time of delivery of the Products by the courier appointed by SER-VIS, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document on the packaging and that the packaging itself is intact, undamaged, or otherwise unaltered, including the closing materials, carefully checking for any signs indicating the breakage of the goods sent.

Any damage to the packaging and/or the Products and/or the non-correspondence of the number of packages and/or the indications must be immediately contested by the Customer, who must declare in writing to the person in charge of delivering the Products that they are accepted "subject to inspection" or indicating that they are "damaged": otherwise, no claim will be accepted. The Customer also undertakes to promptly report, and in any case not later than 24 hours from the date of delivery, to SER-VIS (by email to the address specified in Article 1 of these General Conditions) any and all problems regarding the integrity, correspondence, and/or completeness of the Products received, failing which the right to make a claim shall be forfeited.

 

11. FORCE MAJEURE AND THIRD-PARTY EVENTS

SER-VIS shall not be liable for the non-performance or delayed performance of the Contract if this is due to failures attributable to force majeure, fortuitous events, or otherwise not attributable to SER-VIS. Except for the cases provided for in Article 1229 of the Italian Civil Code, no compensation shall be due to the Buyer, who shall only be entitled to the full refund of the price and any additional charges paid.

SER-VIS - having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, and the best knowledge available at the time regarding the security of online transactions - assumes no responsibility for any fraudulent, unlawful, or irregular use of credit cards, attributable to fraudulent or negligent conduct by the Buyer regarding the obligations of custody and prompt notification to the issuer of said means of payment.

12. STORAGE AND PRESERVATION OF PRODUCTS

The products sold by SER-VIS must be stored and preserved by the Customer using the necessary precautions and measures appropriate to the nature of the Products themselves (kept in a cool and dry place, away from direct heat sources, properly sealed after use). Negligence and/or incompetence in the storage of each product can damage it and compromise its qualities. SER-VIS is not responsible for any damage to the Products sold resulting from incorrect or improper storage of the same, with express waiver of any warranty regarding them.

 

13. RIGHT OF WITHDRAWAL/RETURN

The Buyer has the right to withdraw from the Contract, without penalty and without specifying the reason, within 14 days (fourteen calendar days) from the day on which the Buyer (or a third party designated by them) acquires physical possession of the goods.

If the Buyer intends to exercise the right of withdrawal, they must notify SER-VIS by means of a specific communication, sent by Registered Mail with return receipt requested, to the postal address indicated in Article 1 of these general conditions or sent via Certified Email (PEC) to the following address ser-vis@pec.it or by regular email to the address consumers@drgiorgini.com.

The return of the goods by the Buyer must take place, without delay and in any case within 14 days (fourteen days) from the date of sending the withdrawal communication to SER-VIS. The only expenses due by the Buyer to exercise the right of withdrawal will be those related to the return of the goods to SER-VIS, which prescribes the adoption of all possible precautions in proceeding with the shipment, using the original packaging of the goods, or equivalent ones, which preserve their integrity and adequately protect them during transport. The return of the goods following the exercise of the right of withdrawal must be made to the postal address indicated in Article 1 of these general conditions.

SER-VIS will refund the price of the goods for which the right of withdrawal has been exercised within 14 days (fourteen days) from the receipt of the withdrawal communication from the Buyer. In principle, SER-VIS will use the same means of payment chosen by the Buyer for the initial transaction, unless the Buyer has expressly requested otherwise, in which case any additional costs deriving from the different means of payment chosen will be borne solely by the Buyer. SER-VIS may withhold the refund until receipt of the goods or until the Buyer has provided proof of return.

If the returned goods are damaged and/or opened and/or show signs of wear related to handling that has altered the characteristics of the product, SER-VIS will deduct from the refund an amount corresponding to the decrease in the value thereof. Therefore, if the returned goods are damaged (e.g., in the presence of breakages, crushing, etc.) or incomplete with any element or accessory (including labels, packaging, etc.), the Buyer will be responsible for the decrease in the value of the goods, with the right to a refund for an amount equal to the residual value of the goods themselves. Upon receipt by the Supplier of the communication with which the Buyer expresses their intention to exercise the right of withdrawal, all obligations related to the Contract will cease, without prejudice to what is provided for in this Article.

14. EXCLUSION CASES OF THE RIGHT OF WITHDRAWAL

The Consumer Customer cannot exercise the right of withdrawal provided for in Article 13 ("Right of withdrawal") in the following cases: (a) where the goods are liable to deteriorate or expire rapidly; (b) where sealed goods are opened after delivery and are not suitable for return due to hygiene or health protection reasons; (c) where the goods, after delivery, are, by their nature, inseparably mixed with other goods.

15. MODIFICATIONS

SER-VIS may modify, at any time and without prior notice, the content of these General Terms and Conditions.

Any changes made will take effect from the date of publication on the Website, as declared in the heading of the same General Terms and Conditions.

In the event of changes, unless otherwise expressly agreed between SER-VIS and the Customer, the General Terms and Conditions in force at the time of the conclusion of the contract shall remain applicable to contracts already concluded.

16. PRIVACY/ PERSONAL DATA PROCESSING

The Supplier protects the personal data of the Buyer, ensuring full compliance of their processing with the relevant regulations, including Regulation 679/2016, as well as the pertinent national rules (Privacy Code, as last amended by Legislative Decree 101/2018). Referring to the details provided in the Privacy Policy on the website and the connected Extended Cookie Policy, it is anticipated that the personal data collected directly and/or indirectly through the Website will be collected and processed electronically/informatively, and, if necessary, on paper, for the following main purposes: i) to record the order; ii) to proceed with the execution of the Contract and related communications; iii) to comply with legal obligations; iv) to manage commercial relationships to better fulfill the requested services. The correct and timely communication of the Buyer's personal data is a necessary condition for the punctual execution of the Contract by SER-VIS, which, in the absence thereof, cannot proceed with the Buyer's order.

17. COMPLAINTS AND CUSTOMER SUPPORT

For any inquiries, please refer to the contact details provided in Article 1 of these commercial terms. Official communications addressed to the Supplier, as well as any complaints from the Buyer, will be considered valid only if sent to one of the aforementioned addresses. During registration on the Website, the Buyer shall provide their residence or domicile, along with corresponding telephone contacts and the email address to which SER-VIS communications will be sent.

 

18. APPLICABLE LAW, ADR, AND JURISDICTION

The sales contract between the Buyer and SER-VIS, including the Purchase Order and the Sales Conditions, shall be subject to and governed exclusively by Italian law.

Should it not be possible to resolve a dispute between the Buyer and SER-VIS following a complaint lodged directly by the Buyer, the Buyer may resort to out-of-court dispute resolution methods (so-called "Alternative Dispute Resolution" or "ADR") regulated by Articles 141 to 141-decies of the Consumer Code (Legislative Decree no. 130/2015, which implemented Directive ADR 2013/11/EU).

SER-VIS also informs the Buyer that, pursuant to Regulation (EU) No. 524/2013, a European ODR platform (so-called ODR platform) has been established to facilitate the out-of-court resolution of disputes arising between consumers and professionals concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union. This ODR platform, which the Buyer can use to resolve online disputes that may arise with SER-VIS, is accessible at the internet address https://webgate.ec.europa.eu/odr.

Regardless of the outcome of the out-of-court dispute resolution procedure that may be initiated, the Buyer retains the right to recourse to the Judicial Authority.

In the event of a dispute, the competent judge shall be determined by REG (EU) 1215/2012 if the Buyer is domiciled in a Member State of the European Union other than Italy.