Terms and Conditions of Sale
Information for the Consumer pursuant to Leg. Decree 206/2005 (Codice del Consumo — Italian Consumer Law)
Sales of products from our website www.longlife.com are governed by the following Sales Conditions.
Products purchased on www.longlife.com are sold directly by Phoenix Srl («Phoenix»). Phoenix is registered with the Milan Companies’ Register with the number 245567, Tax Code and VAT number 07829460158. The main offices of Phoenix are located in Italy, in Via 2 Giugno, 60/A1 – 20068 Peschiera Borromeo (MI).
You can request and receive support from Phoenix for orders placed online, returns, and information about shipments of goods ordered by contacting our offices in Peschiera Borromeo at the following telephone number +39 02 5165531.
Some information about online orders and the delivery status is available in your personal profile, which you can access with your registration credentials through your personal account (e-mail and password).
All communications will be sent to the e-mail address that you used to register on our website. You can find legal information about online orders and deliveries of products purchased from us in the shopping cart access section.
GENERAL SALES CONDITIONS
These General Conditions govern the purchase of products, made through the internet or over the telephone, of products promoted by the website www.longlife.com belonging to Phoenix (see the general user conditions) (link to legal terms and conditions).
The site was created for the sale of nutritional supplements (see the list of “Products”) made by Phoenix, in compliance with Italian law in terms of distance contracts pursuant to Leg. Decree 6 September 2005, n. 206. Sales are governed by these General Conditions. Therefore, before placing an order, the Client is therefore invited to read these general sales conditions carefully, as mentioned above and with all of the information contained therein, and to also print them or save them so that he/she can refer back to them whenever necessary.
The Products present on this website are marketed to professional users (Retailers/Scientific personnel) and “Consumers”, who are over 18 years of age and resident in the nation of Italy (defined “Clients”).
Pursuant to these General Conditions, the word Consumer indicates any physical person who purchases the products on this website for purposes not included in commercial, industrial, artisan or professional activities performed, in compliance with art. 3 of Leg. Decree 6 September 2005, n. 206.
Clients are not considered Consumers if, when they purchase a Product, they indicate expressly in the data entry form that they are a “Retailer/Scientific personnel” and also enter their VAT number.
Wherever no reference is made to Consumers, the provisions of these General Contract Conditions apply to all Clients who purchase Products through the website.
Phoenix has the faculty to modify these General Conditions at any time and without giving advance notice. Any modifications will become effective on the day following their publication on the website, except for the orders already placed that are governed by the General Conditions in force at the time they were sent.
If you have questions regarding the General Conditions, please contact us at telephone no. +39 02 5165531 or send an e-mail to email@example.com.
When the user lands on the website, he/she accepts the site use conditions (general use conditions) without reserve and agrees to comply.
1) Purchase procedure
1.1. Clients can purchase products present in the Phoenix electronic catalogue, illustrated in detail in the e-commerce area of the website (www.longlife.com) in the respective sections in each category, as described in the relative informative paragraphs on the site, by following the access technical procedures herein described.
1.2. The publication of products on the site is an invitation for the user to formulate a contractual offer for purchase from Phoenix. The order sent by the Client has the same value as a contractual offer and involves complete knowledge and full acceptance of these General Sales Conditions.
1.3. Upon receiving the offer from the Client, Phoenix sends an automatic message to the Client’s e-mail address confirming only that the order was received correctly by the corporate IT system.
1.4. Each order can be viewed by the Client through the automatic e-mail message, with order summary. In case you have any doubts or encounter problems, please call Phoenix at once, at telephone no. +39 02 5165531 or send an e-mail to firstname.lastname@example.org.
2) Acceptance of the General Sales Conditions
2.1. The contract stipulated between Phoenix and the Client is considered settled with the acceptance of the order, even only partially, by Phoenix. This acceptance is tacit, if not communicated in any way to the Client. By placing an order in one of the various ways listed, the Client declares to acknowledge all indications provided to him/her during the purchase procedure and to fully accept the general conditions and payment conditions set forth below.
2.2. If the Client is a Consumer (a physical person who is purchasing goods not destined for his/her professional activity), once the online purchase procedure has ended, he/she must print or save an electronic copy of the order. In all cases, keep a copy of these general sales conditions in compliance with Italian Law governing distance contracts.
2.3. When the purchase procedure has ended, the Client must check the order summary and confirm the transaction.
2.4. The order sent by the Client to Phoenix through the website must be complete in every part, and must contain the elements necessary to identify the Client, the products ordered and the location for delivery. Otherwise, the order shall be considered void. Phoenix shall send the Client an e-mail message confirming that the order has been received.
2.5. By sending an order, in one of the various ways described in the site’s instructions, the Client declares to acknowledge all indications provided to him/her during the purchase procedure and to fully accept the General Sales Conditions and payment conditions set forth below.
2.6. Phoenix reserves the right to ask the Client for additional information (such as a landline number). Without the documentation required, Phoenix reserves the right to not accept the order.
2.6. The Client has no right to damages or indemnification, as well as no contractual or extra-contractual liability for direct or indirect damages applying to persons and/or objects, caused by a failed acceptance or fulfilment of an order, also in a partial form.
3) Product prices – shipping expenses – product availability
3.1. All product prices are clearly indicated on the website and are understood to include only VAT.
3.2. Should it not be possible to add products to the shopping cart even though they are present on the website, this may mean that the product is unavailable at that time. For further information, please contact Phoenix by e-mail email@example.com or telephone +39 02 5165531 or check the availability, if visible, on the “product description” page.
3.3. Prices of products on the site can be modified at any time and without advance notice, except for orders awaiting confirmation of acceptance or accepted orders, as described above. Phoenix shall apply the Sales Conditions in force at the time the order was sent by the Client, except for orders which are not accepted, as described in point 2.1.
3.4. Delivery times vary depending on the destination area. Until the time of shipping by Phoenix, the Client has the faculty to cancel or modify the order only by calling the telephone number +39 02 5165531.
3.5. Orders for any amount are accepted, with a contribution for shipping as specified below.
For shipping expenses in Italy, including the islands, the contribution is equal to € 7.99 for all orders totalling less than € 79.00. No contribution is required for orders equal to or more than € 79.00 for deliveries in Italy, including the islands (carriage paid).
Use the calculation tool on the order page while you are placing your order to figure shipping costs to other countries.
Shipping costs, where due, will be added to the total amount of the order during the purchase process, and will be charged to the Client at the moment of payment. The carrier will be not be paid at the time of delivery.
3.6. Visual presentations of products on the site, where available, normally correspond to the photographic image of the product described. It is understood the image of the product cannot represent its characteristics perfectly, but it can be different in colour and dimensions. If there is a difference between the image and the product description, the product description is considered as the correct reference.
4) Deliveries and Documentation
4.1. If the product is available in the warehouse, deliveries will be made within 24/48 hours (72 hours for the islands and smaller towns), from the moment that payment is received by Phoenix. For products marked “unavailable”, check the date of expected availability on the “product sheet” or contact Customer Service.
For deliveries to foreign cities, delivery times are indicated in the order procedure.
In any case, the indicated times represent the expectations and are not guaranteed.
4.2. Phoenix is responsible for all product deliveries, and the responsibility transfers to the Client when the products are delivered by the carrier or other agent to which Phoenix entrusted the shipment.
Standard deliveries will be handled by UPS carriers. Each delivery will be traced through the code provided by the carrier used through the carrier’s site. This code will be provided on request.
4.3. Phoenix will be not be responsible in case of delays in completing the order or in delivery of the order.
In particular, Phoenix declines all responsibility for any delay if said delay or failed delivery is attributable to causes outside the reasonable scope of its control, such as (as an non-exhaustive example): strikes by third parties, terrorism, war, natural disasters, bad weather.
4.4. Deliveries are intended concluded on street level, unless specified otherwise.
At the time of delivery by the carrier, the Client must check:
a) that the number of packages delivered correspond to the number indicated on the transport documents.
b) that the package is undamaged, whole, and not wet or altered in any way, also regarding the materials used to close it.
Any damage to the package and/or the product or the failed correspondence of the number of packages or indications, must be immediately contested by writing the sentence “ACCEPTED WITH RESERVATIONS” on the carrier’s delivery receipt. Once the carrier’s document is signed, the Client cannot contest anything about the exterior conditions of the delivery.
Therefore, we recommend that when there are no problems with the exterior of the package the Client sign the carrier’s receipt with the sentence “goods received — subject to verification”. If this phrase is not present and the Client finds the product damaged, the carrier will not be held responsible independently from the insurance or lack thereof.
Any problems with the physical integrity, correspondence or completeness of the product received must be notified within 8 days after the delivery, according to the method described in this document.
4.5. Someone must be present at the address designated for delivery in order to receive the package.
4.6. If the shipment is not collected within 5 working days, in which the materials are at the courier’s warehouse, because of repeated failed attempts to deliver the package to the Client’s address, indicated in the order, said order will be cancelled automatically and the package will be returned to Phoenix. In this case, the Client is required to reimburse Phoenix for double shipping costs (to the Client’s address and back to the company).
4.7. The package also contains the invoice with the list of products contained in the package and the specifications of shipping costs. The invoice can be viewed online.
5) Payment of the order
5.1. Payments made for Purchase Contracts stipulated through the website can be made by Credit Card, Bank Transfer and Paypal. The Client can choose which payment method to use at the end of the order procedure.
Phoenix does not accept payments in cash, directly nor through the mail.
If the Client decides to purchase products and pay by credit card or Paypal, the total amount due for the sale will be charged at the time of sale of the chosen products.
The Client can request additional information by contacting Phoenix by e-mail (firstname.lastname@example.org) or telephone at the number +39 02 5165531.
5.2. Credit Card
The Client can pay using credit cards that belong to the VISA and Mastercard circuits: complete your order and select “Credit Card” as the payment method.
Orders paid for by credit card and Paypal are the fastest to be processed, because Phoenix receives confirmation of payment immediately.
The payment is completed on a 128-bit encryption SSL secure server. This system ensures that all credit card data passes directly to the bank responsible for receiving the payment on a secure, encrypted connection.
To guarantee greater security for the client, during the purchase procedure, Phoenix is never able to recognise the purchaser’s credit card details transmitted through the protected connection directly to the website of the back that manages the transaction. No computer records are kept by Phoenix to save this data.
Therefore, Phoenix cannot be held responsible in any case for any possible fraudulent or unauthorised use of the credit card by third parties, at the time of payment for products purchased on www.longlife.com.
5.3. Bank Transfer
The Client can pay for purchases with a bank transfer. In this case, the order must be completed and “Bank Transfer” must be selected as the method of payment.
The Client must then transfer the money through the bank or the online banking procedure, indicated the order number in the payment description box.
Our warehouse will process the order for products purchased by the Client as soon as confirmation of the payment is received.
Normally, it takes 2 to 4 days from the time that the bank transfer is made to the moment in which the transfer of funds to the Phoenix bank account is notified. To help us expedite the order, the Client can send us confirmation of the payment by fax to the number +39 02 55300421 after completing the bank transfer.
Bank Transfer Data:
UNICREDIT BANCA DI ROMA
IBAN: IT 91H 02008 01604 000500002240
B.I.C. CODE (for bank transfers from abroad): UNCRITM1204
In the name of
Via 2 Giugno 60/A1
20068 Peschiera Borromeo (MI)
5.4. The invoice is always enclosed with the shipment and, once the order has been processed, it will be available on the site in the Client’s personal area. On request, the invoice can be sent by email in PDF format to the email address provided for the order.
Restrictions, taxes and customs duties
Shipments made to Clients residing outside the European Union (EU) can be subject to restrictions of which Phoenix does not assume any responsibility, import taxes or customs duties that are determined at the time the package reaches the country of destination. Said amounts are the responsibility of the recipient, who shall manage that payment with the carrier or the designated offices.
6) Withdrawal Clause
6.1. The Client who has purchased as a Consumer has the right to withdraw from the sale contract. In fact, after receiving the purchase, the Client can verify to make sure the product corresponds to his/her expectations and, if this is not the case, can return the purchased goods partially or completely and/or request a change to any other available product. Only shipping costs will be charged for this procedure.
Pursuant to Leg. Decree 6 September 2005, n. 206, the Consumer Client has the right to withdraw from the purchase contract for any reason without the need to provide an explanation and without penalty, within 14 days from delivery of the products.
To exercise this right, the Client must send written communication by registered letter with return receipt to Phoenix S.r.l. Via 2 Giugno 60/A 20068 Peschiera Borromeo (MI) or to the email address email@example.com indicating the product or products for which he/she intends to exercise the Right to Withdrawal, as long as they the packaging is intact.
Once the aforementioned communication is received, Phoenix will rapidly send the Client instructions for returning in the goods.
6.2. In order to ensure that the Right to Withdrawal is ensured within the indicated timeframe, it is in the Consumer’s best interest to use a reliable method of communication (registered letter or certified email) when communicating the withdrawal to Phoenix.
6.3. The right to withdrawal is subjected to the following conditions:
• the right applies to the unopened and complete product purchased; it is not possible to return a partial quantity of the product purchased.
• The purchased product must be unopened.
The right to withdrawal is also excluded in supplies that are sealed and cannot be returned for hygienic reasons or reasons related to health protection and which have been opened after delivery.
6.4. Pursuant to law, shipping costs for returning the goods are paid by the client. The shipment is under the client’s complete responsibility until it is confirmed as arrived in our warehouse. If the goods are damaged during transport, Phoenix will inform the client of the event, to allow him/her to immediately file a complaint with the carrier and obtain reimbursement for the value of the goods (if ensured). If this happens, the product will be made available to the client for being returned and the request for withdrawal will be simultaneously cancelled.
Phoenix will not be held responsible for damage or theft/loss of goods returned with uninsured shipments.
When it arrives in the warehouse, the product will be examined to assess any damage or tampering not attributable to the transport. If the package and/or original packaging are found to be damaged, Phoenix will retain a percentage of the reimbursement, at any rate not more than 20% of the amount, as contribution for restoration costs. If the product has been opened and seals have been broken, the product will not be reimbursed.
6.5. Except for possible costs for restoring confirmed damage to the original package, Phoenix will reimburse the client of the entire amount paid within 30 days from the time the goods are received, by refund on the Postepay account used or on the account associated with the credit card through a bank transfer. In this case, the client must immediately provide bank data of the account where he/she can receive the refund (complete IBAN code).
6.7. The right to withdrawal is void when the essential condition the goods being unopened (package and/or contents) fails to be present, in cases in which Phoenix finds that:
• the external package and/or original internal package is missing, including its protective package, as well as the opening of the individual item.
• the absence of integral elements of the product.
• damage to the product due to causes other than transport.
If the right to withdrawal is void, Phoenix will return the product purchased to the customer, and charge them with the shipping costs.
7) Recommendations for product use
Nutritional supplements do not replace a balanced diet.
Do not take more than the recommended daily dose.
Keep out of the reach of children of under 3 years of age.
Follow all instructions and warnings listed on the label.
Medical supervision is advised for children, adults over 65 years of age and for people with any medical condition.
In general, pregnant women and nursing mothers should not take nutritional supplements unless there is an ascertained need.
The traditional or clinical use of the substances listed on this website is not considered a medical prescription.
Do not take in case of hypersensitivity to any one of the ingredients present in the formulations.
Claims must be addressed to PHOENIX Srl, Via 2 Giugno 60/A1, 20068 Peschiera Borromeo (MI).
9) Applicable Law
The sale contract between the Client and Phoenix is to be considered settled in Italy and governed by Italian Law. For disputes deriving from the settlement of this distance contract, the Court of Milan has exclusive jurisdiction. If the Client is a consumer, the court of his/her city or residence has jurisdiction.
10) Vexatious Clauses
Pursuant to and by effect of art. 1341 and art. 1342 of the Italian Civil Code, the Client declares to have read, understood and to want to accept the following clauses, represented by their titles: 1) acceptance of the general sales conditions; 2) prices and availability; 3) deliveries.
If you have doubts or require further information or explanations regarding products, please contact us by telephone at +39 02.5165531 or send us an email at firstname.lastname@example.org.
We will be happy to answer all of your questions.