General conditions of Sale
1. General rules
1.1 These general conditions of sale apply to the purchase of products made through the online sales site https://www.shinoox.com by users who qualify as “consumers” or as companies and professionals.
The site and the products presented therein are owned by the company Phorma S.r.l. based in C.so Roma 64 – 28028 Pettenasco (NO) Italy VAT number 01649130034
1.2 Any communication from the Consumer connected and / or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the e-mail address: firstname.lastname@example.org.
1.3 Each purchase is governed by the general conditions of sale in the version that will be published on the site at the time the order is sent by the buyer.
1.4 Simultaneously with the transmission of the purchase order, the buyer accepts these general conditions of sale.
1.5 In order to make purchases through the site, the buyer must register in the appropriate section (by entering all the required fields), be of age and have the ability to act.
1.6 Any costs for Internet connection to the site, including telephone costs, are the sole responsibility of the buyer, according to the rates applied by the operator selected by the Consumer.
2. Products, availability, prices and territory
2.1 The Products are sold with the characteristics described on the site.
2.2 Phorma srl reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the site. Any changes made will be effective from the date of publication on the site and will apply only to sales concluded from that date. Prices, products for sale on the site and / or their characteristics are also subject to change without notice. Before placing the order, the buyer is invited to check the final sale price (transport costs included).
2.3 Phorma S.r.l. reserves the right to cancel a purchase order from buyers who request delivery abroad in the event that the delivery costs by the courier in charge are excessive or are not expressly accepted by the buyer.
3. Purchase of products
3.1 The presentation of the Products on the Site, which is not binding for Phorma S.r.l., represents a mere invitation to buyers to make a contractual purchase proposal and not an offer to the public.
3.2 The Products presented on the site can be purchased after the buyer has registered on the site, providing the requested data as well as the address where to deliver the selected products, or by entering their credentials if the buyer is already registered. A telephone number will also be requested where you can contact him for any communications relating to the purchase made. The buyer will see a summary of the order to be executed on the site; therefore, after careful reading, he will have to expressly approve these general conditions of sale, through the appropriate check mark (check-box) on the site and finally the buyer will be asked to confirm his order (with the prices included therein) , which will thus be definitively sent to Phorma Srl The buyer will also be asked to choose the shipping method and the payment method, among those available. If the buyer decides for the immediate payment method (contextual to the purchase) by credit card, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, Phorma S.r.l. reserves the right to verify the details indicated by the buyer
3.3 The purchase order sent by the buyer to Phorma S.r.l. through the site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and which the buyer, by sending the order to Phorma Srl, is required to accept in full and without reserve any.
3.4 Phorma S.r.l. upon receipt of the order, he will send an email confirming that he has taken charge. Phorma srl will have the right to subsequently cancel the aforementioned order if the payment method was not successful or if the product object of the negotiation was no longer available.
3.5 The contract will be considered finalized once Phorma S.r.l. will deliver the product under negotiation to one of its trusted carriers. The latter will send a confirmation email to the buyer once the product is entrusted to him.
4. Delivery of the goods and acceptance
4.1 The availability of the Products and the average delivery times are indicated on the site (three / five working days for products available in stock, five / seven working days for products not available in stock, following the acceptance of the order); however, these terms are to be considered purely indicative and not binding for Phorma S.r.l.
4.2 Phorma S.r.l. undertakes to do everything in its power to comply with the delivery times indicated in paragraph 4.1 and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following that in which the the buyer sent the order and it was sent by Phorma Srl the acceptance email (see paragraph 3.4). Once this last term has expired, in the event of non-execution of the order by Phorma S.r.l., due to the unavailability, even temporary, of the product, Phorma S.r.l. will give written notice to the buyer and will refund, within 30 (thirty) days, of any sums already paid by the buyer for the payment of the product.
4.3 The shipment of the Products ordered by the purchaser will take place through a carrier appointed by Phorma S.r.l., which is indicated in the DPD courier within 48 hours of receipt of payment. The buyer undertakes to promptly check and as soon as possible that the delivery includes all and only the products purchased and to promptly inform the Seller (by email to email@example.com) of any possible defect of the products received or of them. discrepancy with respect to the order placed. Failing this, the products will be considered accepted. Should the packaging or wrapping of the products ordered by the buyer reach their destination clearly damaged, the buyer is invited to refuse delivery by the carrier / shipper or to accept delivery “subject to”.
In the absence of reservations, the goods are considered definitively accepted, without the possibility of reporting any subsequent damage to the packaging.
4.4 The carrier appointed by Phorma S.r.l. will attempt 2 (two) deliveries to the delivery address indicated by the buyer. If these 2 (two) attempts are unsuccessful, Phorma S.r.l. will attempt to contact the buyer at the contact details left at the time of the order. If the buyer becomes untraceable and does not make any request to the email address firstname.lastname@example.org, after 10 (ten) days from the carrier’s second attempt, Phorma S.r.l. will have the right to terminate the contract by becoming owner of the product object of the negotiation again and returning only the price list of the same at the time of purchase (using the same means of payment used by the buyer at the time of purchase), minus the costs of transport supported by Phorma Srl to get back the product equal to Euro 6.50.
5. Prices, shipping costs, duties and taxes
5.1 The price of the Products is that indicated on the site at the same time as the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), in addition to shipping costs.
For orders over € 45.00, shipping is free. For orders of a lower amount, the buyer must pay the total price to the Seller, as indicated in the order, including shipping costs of € 6.50, including 22% VAT.
All sales prices of the products displayed and indicated on the website www.phorma.com are inclusive of VAT.
5.2 The buyer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties at the time of sending an order to Phorma Srl, cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
Purchases made on the e-commerce portal www.shinoox.com are safe and guaranteed.
The payment methods are many and guarantee maximum transparency.
The prices included in all the product sheets on the e-commerce site www.shinoox.com may vary. The changes are related to market situations and / or exchange rate fluctuations.
Payment by bank transfer in advance
If you choose to pay by bank transfer, you must send the proof of the transfer by sending a complete copy of the transfer order by e-mail (email@example.com) no later than 3 (three) working days from the date of the order. and relative confirmation. The dispatch of the order will take place only when the amount due is actually credited to the current account within 7 (seven) working days from the date of acceptance of the contract. Beyond these deadlines, the order will be canceled. The purpose of the bank transfer must necessarily include the order number and the name and surname of the person who placed the order.
The transfer must be made out to:
• Beneficiary: PHORMA s.r.l.
• Bank: UNICREDIT Ag. Domodossola
• IBAN: IT03X0200845360000104402539
Payment by credit card
The accepted credit cards are Visa and Mastercard circuits.
In cases of purchase of goods with a credit card payment method (contextual to the conclusion of the order transaction), the reference bank will only authorize the debit of the amount relating to the purchase made.
In the event of cancellation of the order by the Customer or non-acceptance of the contract by Phorma S.r.l., it will be requested by Phorma S.r.l. the cancellation of the transaction and the reversal of the committed amount. The release times depend exclusively on the banking system and can reach their expected expiry date (24th day from the date of authorization).
Once the transaction has been canceled, Phorma S.r.l. in no case can it be held responsible for delays and / or damages caused by the banking system.
Phorma S.r.l reserves the right to request additional information from the Customer or to send copies of documents demonstrating ownership of the card used. If the Customer does not provide such information and / or copies, Phorma S.r.l reserves the right not to accept the conclusion of the contract.
At no time during the purchase procedure by credit card Phorma S.r.l is able to know personal information relating to the holder of the same; the information is transmitted directly to the site of the bank that manages the transaction, a protected site. For this reason Phorma S.r.l cannot be held responsible for any fraudulent use of credit cards by third parties when paying for products purchased on its site.
6. Legal guarantee of conformity and reporting of conformity defects
6.1 Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), Phorma S.r.l. warrants to the Consumer Buyer that the Products will be free from design and material defects and conform to the descriptions published on the site for a period of 2 (two) years from the date of delivery of the Products to the Consumer.
The 24-month warranty pursuant to Legislative Decree no. 24/2002 applies to products that have a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for private consumers (individuals who purchase goods for purposes not related to their professional activity, or make the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, Phorma S.r.l will restore the conformity of the product by repairing / replacing or reducing the price, until the contract is terminated. The Customer must send the goods to the registered office of Phorma S.r.l C.so Roma 64 – 28028 Pettenasco – ITALY. In the event that, for any reason, it is unable to return a product under warranty (restored or replaced) to its customer, Phorma Srl may proceed at its discretion to return the entire amount paid or to replace it with a product with characteristics similar or higher. If, following intervention by an Authorized Service Center, the defect does not result in a lack of conformity pursuant to Legislative Decree no. 24/2002, the Customer will be charged for any verification and restoration costs required by the Authorized Assistance, as well as transport costs if incurred by Phorma S.r.l.
6.2 Under penalty of forfeiture of this warranty, the Consumer has the duty to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending (1) the indication of the defect and / or non-conformity found, (2) one or more photographs of the product and (3) the tax receipt sent by Phorma Srl (attached to the product).
6.3 Phorma S.r.l. will evaluate the defects and non-conformities reported by the Consumer (as per paragraph 6.2) and, after having carried out the quality checks aimed at verifying the actual non-conformity of the Product, will provide the Consumer with feedback.
6.4 If Phorma S.r.l. is unable to assess the defects and non-conformities reported by the Consumer through what is requested in paragraph 6.2, he may request the provisional return of the product.
6.5 In case of provisional return, the consumer will be responsible for organizing the shipment to Phorma S.r.l C.so Roma 64 – 28028 Pettenasco – ITALY. These transport costs will be reimbursed, upon presentation of suitable receipts, in the event that Phorma S.r.l actually deems the product not intact. The products must be returned intact, unused and accompanied by the identification tag attached and placed in their original packaging. It is also essential that the products are packaged in a container suitable for transport. The risks and direct costs of returning the goods will be borne by the consumer.
Once the product has been received, if Phorma Srl recognizes the non-conformity, it will be required to reimburse the Consumer for the price paid (including all transport costs incurred, upon presentation of suitable receipts) within 30 days of receipt of the product, provided that it is placed by seller in the situation of being able to make the refund which will be made, where possible, by the same payment method used by the Consumer when purchasing the Product or by bank transfer. It will be the consumer’s responsibility to communicate the bank IBAN codes to Phorma srl, again by e-mail at firstname.lastname@example.org, to make any bank transfer in his favor and to ensure that Phorma Srl is able to return the amount due. If, on the other hand, Phorma S.r.l deems the product compliant, it will send it back to the customer, charging the consequent transport costs (identifiable on the site as an ordinary shipping rate).
6.6 If Phorma S.r.l. instead recognizing the defects and non-conformity of the product through the information transmitted by the consumer as required in paragraph 6.2, it will authorize the definitive return of the product. It will be the consumer’s responsibility to organize the shipment to Phorma S.r.l C.so Roma 64 – 28028 Pettenasco – ITALY. These transport costs will be reimbursed upon presentation of suitable receipts. The products must be returned intact, therefore unused and accompanied by the identification tag attached and placed in their original packaging. It is also essential that the products are packaged in a container suitable for transport. The risks and direct costs of returning the goods will be borne by the consumer. Once the product has been received, Phorma Srl will evaluate its condition and, if the products are unused and accompanied by the identification tag attached and placed in their original packaging, Phorma Srl will refund, within 30 days of receipt of the product, the price to the Consumer. paid (including all transport costs incurred, upon presentation of suitable receipts) provided that it is put by the seller in the situation of being able to make the reimbursement which will be executed, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the consumer’s responsibility to communicate to Phorma Srl, again by e-mail to the address email@example.com, the bank details to make any bank transfer in his favor and to ensure that Phorma Srl is put in a position to be able to return the amount due.
7. Liability for damage from defective products
7.1 With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374 / EEC and Legislative Decree no. 206/2005 (Consumer Code), in particular of articles 128 and following.
8. Right of withdrawal
8.1 Pursuant to Article 64 of the Consumer Code (Legislative Decree No. 206/2005) the consumer can exercise the right of withdrawal from the contract within 14 days from the date of receipt of the goods purchased through the website www.shinoox.com (or in the case of the purchase of several products delivered separately with a single order, the last product has been delivered) and proceed with the refund request as indicated below.
9.2 Before returning the goods, the Customer must send an e-mail to firstname.lastname@example.org containing:
(a) the manifestation of the will to exercise the right of withdrawal pursuant to Article 64 of the Consumer Code;
(b) an indication of the products for which the consumer wishes to make use of the right of withdrawal;
(c) a copy of the tax receipt attached to the product (s).
9.3 The goods must be returned to Phorma S.r.l. C.so Roma 64 – 28028 Pettenasco – ITALY within 14 days from the notice of withdrawal.
9.4 The costs for returning the Products are charged to the Customer. Any expenses incurred by the Customer for the return will not be refundable. The products must be returned intact, therefore not used, not worn, not damaged and accompanied by the identification tag attached and placed in their original packaging. It is also essential that the products are packaged in a container suitable for transport. The risks and direct costs of returning the goods will be borne by the Consumer.
9.5 If you opt for an item / size change, the subsequent shipment of the chosen item will have the shipping cost indicated on the site for ordinary shipping.
9.6 In case of exercising the right of withdrawal, Phorma S.r.l. will refund the full price of the products provided that they are returned by the Customer as indicated in paragraph 9.4. It should be noted that in compliance with current legislation on the subject, Phorma S.r.l. will refund the sums paid as the price of the products applied at the time of purchase by the consumer, while it will not refund the shipping costs charged to the consumer.
After returning the products, Phorma S.r.l. will carry out the necessary checks relating to their compliance with the conditions and terms indicated in point 9.4.
In the event that the checks are concluded with a positive outcome, Phorma S.r.l. will send, by e-mail, the relative confirmation of acceptance of the returned products and will send an e-mail notification once the refund has been made.
9.7 Phorma S.r.l. undertakes to reimburse the consumer as quickly as possible and, in any case, within thirty (30) days from the date on which he received the product from the consumer, provided that Phorma Srl is put by the consumer himself in the situation of being able to make the reimbursement which will be executed, where possible, by the same payment method used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the consumer’s responsibility to communicate to Phorma Srl, again by e-mail to the address email@example.com, the bank details to make any bank transfer in his favor and to ensure that Phorma Srl is put in a position to be able to return the amount due.
9.8 If the methods and terms for exercising the right of withdrawal are not respected (paragraphs 9.2, 9.3 and 9.4), there will be no right to reimbursement of the amounts already paid.
However, the Customer may, at his own expense, get back the products in the state in which they were returned to Phorma S.r.l.
9.9 Exceptions to the right of withdrawal.
Buyers who are not private consumers will not be able to exercise the right of withdrawal.
Furthermore, pursuant to art. 59 of the Consumer Code, the possibility of withdrawal is excluded if the goods sold are made to measure or are personalized, or in the case of sealed products opened after delivery that do not lend themselves to being returned for hygienic or health-related reasons.
Phorma s.r.l is very attentive to the needs of its customers.
Any complaints can be notified by telephone or e-mail.
Each complaint must always be sent complete with the references of the forwarder (name, surname, address, telephone number and e-mail address and the references relating to the order placed (order number and date).
Phone: +39 0323 89611
The company will take care to answer and solve customer problems. It is possible to submit a written complaint directly to Phorma S.r.l C.so Roma 64 – 28028 Pettenasco – ITALY or by phone at: +39 0323 89611, or by email at the following address: firstname.lastname@example.org
The sales contract between the customer is concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the Court relating to the Municipality of residence of the consumer.