Published: 11 July 2018 14:37
GENERAL CONDITIONS OF ACCESS AND VISIT TO THE PORTAL “WWW.PHARMANUTRA.IT” DI PHARMANUTRA S.P.A.
1.1. Pharmanutra S.p.a is engaged in the production and marketing of drugs, medical devices, over the counter products and nutraceutical products intended for the paediatric sector.
1.2. The Pharmanutra S.p.a. Group is made up of companies that, collectively, carry out complementary and/or functional activities for the core business of the Group, benefiting from its expertise in handling the design and registration phases of new products, and the marketing and advertising of these.
1.3. Pharmanutra S.p.a has set up the “www.pharmanutra.it” Portal to enable easy, clear use of information relating to the goods and services offered on the basis of these Conditions of Use.
1.4. The term “Use” refers to all operations carried out by the User from the moment they access the Portal, including simple consultation and irrespective of the access device (PC, smartphone or tablet), the type of connection (private, third party, public or WI-FI) and the place of connection.
1.5. All those intending to navigate through the pages of the “www.pharmanutra.it” Portal must adhere to these Conditions.
1.6. Use of the pages on the Portal is exclusively intended for adults.
1.7. If, on the pages of the Portal, goods and services subject to specific terms and conditions are introduced and offered on the said pages, these shall take precedence over these Conditions.
2.1 The Portal for which access is requested by accessing the URL “www.pharmanutra.it” is compliant with Legislative Decree 196/2003 and EU Regulation 679/2016 on the processing of personal data, and Legislative Decree No. 206 of 06/09/2005 (consumer code) and enables Users navigating the portal to benefit from the functionality listed below. This is not an exhaustive list:
– to determine the brands and products offered by the Pharmanutra Company, including their descriptive features, scope of application and general use;
– to determine the aspects, methods and commercial communication sectors of the brand and/or products;
– to make purchases, where the service is provided, in accordance with the procedures set out under the General Sales Conditions adopted by the Portal and developed on sites outside this portal, including by professional intermediaries;
– to find out what opportunities for work and collaboration with the Pharmanutra Company are available and submit applications.
2.2. Consulting the contents of the Site must not, under any circumstances be understood by the User as a substitute for a consultation with a health professional or dietician.
3. VISITING AND NAVIGATING THE PORTAL
3.1. Using and visiting the Portal implies unconditional acceptance of these conditions of use by the User. These conditions, together with the characteristics and scope of application, may be subject to changes by the Pharmanutra Company.
3.2 The User may not, under any circumstances, use the Portal for commercial purposes; use of the Portal is only allowed in private, and use of the service is only allowed to Users who purchase and use the services by connecting to the Internet on IP classes (Internet Protocol), and who have reached the legal age. If users requesting access are individuals, they must declare that they are at least 18 years old. Conclusion of a contract with a person under 18 years shall not be considered valid. Users must therefore declare and ensure that the personal information provided is correct, complete and truthful.
4.1. Users must acknowledge and agree that the service is provided “as is'” and “as available” and that Pharmanutra shall not, therefore, assume any responsibility for its use and availability; access to the Portal may be momentarily interrupted due to technical reasons associated with maintenance; Users must accept that Pharmanutra may suspend, without prior warning, the operability of the access service to the “www.pharmanutra.it” Portal, or parts thereof, in order to perform ordinary and extraordinary maintenance interventions, and will not, in any way, be held responsible towards Users for the non-availability of the said Service caused by its partial or total interruption.
4.2. Similarly, Pharmanutra will not be held responsible for delays, suspensions and/or interruptions in the provision of access to the Portal “www.pharmanutra.it” caused by:
a) force majeure or fortuitous events;
b) tampering or interventions on the connection software by third parties;
c) total or partial interruption of the access service caused by the telecommunications operator providing the interconnection service.
4.3. Access to the Portal, or parts of it, may be subject to the creation of an Account. In order to prepare this, information that enables identification may be requested from the User, also through third-party applications.
5. PROPERTY AND CONFIDENTIALITY
All documents in the form of image files, video files, audio files and anything else in the Pharmanutra Portal “www.pharmanutra.it” or linked to it and referred to in this contract, remain the exclusive property of and/or exclusively licensed to Pharmanutra itself and/or its sub-licensors. Users are prohibited from any use or disclosure, even if for purposes other than commercial, of the trademarks, logos and generally any distinctive sign that can be attributed to the Portal in question.
6. CONTRACT, APPLICABLE LAW AND COMPETENT JURISDICTION
6.1. If one or more clauses of these general terms and conditions of use are declared null and void as a result of the application of a law, regulation or final judicial or administrative decision, the other clauses will remain in force and up-to-date.
6.2 This contract shall be governed and must be construed according to the Italian legislation and Italian State legislation to which reference is made for each assessment;
6.3. Any controversy relating to possible disputes concerning the interpretation and/or execution of procedures for access and use of the “www.pharmanutra.it” Portal shall be devolved to the knowledge of the Italian Judge and, specifically, exclusively to the Court of Pisa.
6.4. The provisions on the conflict of laws that determine the applicable law, or the United Nations Convention on Contracts for the International Sale of Goods, do not apply to this Contract, the application of which is herein expressly excluded.