Terms and Conditions
1.1 These contract general conditions (the “Conditions”) govern the service of sales and supply of products (hereinafter also referred to as “Products”) by REAWAKENING STOCKS di Massimiliano Iotti & C. S.a.s. owner of the relative internet domain, with registered office in Milan, Via Matteo Bandello 15 (hereinafter referred to as “Seller”) through its website address https://www.morphine.online.
2. THE CONTRACT BETWEEN THE USER AND THE SELLER
2.1 Sending a purchase order (the “Order") by a user (hereinafter also referred to as the “User”) presumes the User’s complete knowledge and acceptance of these Conditions.
2.2 There is no undertaking between the User and the Seller and therefore, no contract can be held to have been concluded in the event of evident and recognisable errors or imprecisions in the filling procedure of the Orders due to acts of the User or the Seller such as, by way of example and not exhaustively, errors or imprecisions relative to the User’s data (including the address therein indicated for delivery), or relating to the identification and/or selection of the Products and/or their relative quantities and/or prices. The Seller reserves, in all cases, the right to control the accuracy of the Product prices present on the Website prior to their dispatch and, in cases of error, the Order will be annulled. Instead, in case of delivery problems at the address indicated for delivery, the User will be contacted directly in order to find an alternative delivery method of the Product or to obtain instead the full reimbursement of the sums paid.
3.1 For the purposes of these Conditions, in addition to the terms defined elsewhere:
“Customer Service” means the Seller’s customer service assistance available by t the email address firstname.lastname@example.org active from Monday to Friday (CEST);
"Catalogue", means the series of Products sold to the User / that can be purchased by the User through the Portal;
"Consumer Code” means the Legislative Decree 6.9.1966 no. 206. and its subsequent modifications;
"Conditions", means these contact general conditions as also subsequently modified or supplemented in compliance with clause no. 13 below, together with any other information disclosed on the Portal, which forms an integral and substantial part of them;
"Consumer", means, as set forth in the terms of and for the purposes of art. 3 of the Consumer Code, a natural person not performing any entrepreneurial, commercial, craft or professional activity that may be carried on;
“Data”, means the data conveyed by the User that is necessary for compliance conformity, even the fiscal one as required by the regulations applicable at the time of providing such Service;
"Provider of the Service", means REAWAKENING STOCKS di Massimiliano Iotti & C. S.a.s.;
"Payment Manager", means the entity duly authorised pursuant to the existing laws, to provide payment services through the use of the User’s credit card.
"Privacy Disclosure Statement" means the disclosure statement given to the User pursuant to art. 13 of Reg. EU 879/16;
"Order”, means the purchase order related to one or more Products, forwarded by the User after having filled in the obligatory fields as well as the manner of payment by clicking on the “Send order” key.
"Party", means the Seller or the User individually;
"Parties", means, collectively, the Seller and the User;
"Portal", means the website address https://www.morphine.online;
"Product", means each of the products sold through the Portal, as more fully specified in the Catalogue;
"Registration Card", means the sign-up form available in the Portal to register the User’s Data to create an account and use the Service;
“Product Datasheet", means all the itemized information describing the Product including price, availability and delivery times;
"Service” means the service of sales and supply to the User of the Products distributed via the Portal as more fully described in the Catalogue, which is to be deemed to be an integral and substantial part of these Conditions;
"User" or “Customer” means the natural or legal person that uses the Service subject to proper and truthful registration of their Data and the additional payment of the consideration set forth in clause 6 below;
“Seller” means REAWAKENING STOCKS di Massimiliano Iotti & C. S.a.s.
4. SUBJECT MATTER
4.1 These Conditions refer to the non-exclusive supply of the Service by the Seller concerning the Products as fully detailed in the Catalogue and its individual Product Datasheets.
4.2 If the Product is unavailable when dispatching the Order, the Seller will advise the User by email and therefore update the Order by eliminating the unavailable Product. Any other Products subject of the Order (if appropriate) will be delivered in accordance with the times indicated in the Product Datasheet, unless they cannot be located or are missing as further clarified in clause no. 6 below.
4.3 It is understood that if all Products ordered are unavailable, the Seller will notify the User by email and the Order will be deemed cancelled.
5. USER SERVICE
5.1 For information regarding the different types of Service supply, the exercise of the right of withdrawal pursuant to clause no. 10 below and the legal warranty compliance pursuant to clause no. 2 below, the User may contact the Customer Service of the Seller in the manner indicated in foregoing clause no. 3.
6. CONSIDERATION AND PAYMENT METHODS
6.1 The methods of payment available are:
Please note that the customer is responsible for all costs associated with the transaction. Please see here for additional information on Payments.
6.2 The f Product prices are clearly indicated on the Product Datasheet in Euros and it is understood that they include VAT.
6.3 Delivery costs may be added to the Product price (to the extent indicated on the Portal), the amount of which may vary on the basis of the delivery method requested, or the price of the individual Product or series of Products indicated in the Order. For more information on delivery costs we suggest consulting the ORDERS AND SHIPMENTS page.
6.4 When purchases are made by credit card, debiting will take place at the time the order is delivered.
6.5 The User hereby accepts to receive invoices and credit notes in electronic format.
6.6 In such cases where the Product is not available or is missing during delivery of an Order, the User will be advised by timely notice addressed to the email address indicated by the User. Subsequently to the notification of non-availability of the Product, the Seller will reimburse to the User any payments received in connection with the unavailable Product without undue delay and will update the relative Order; where on the other hand the User has not yet made any payment of the price in respect to the unavailable Product, no sum must be paid by the User.
7. USE OF PROMOTIONAL VOUCHERS
7.1 Promotional vouchers cannot be purchased; they are offered by the Seller during promotional campaigns and may be used for a limited period of validity.
7.2 Promotional vouchers may be used only once and in connection with a single order within the specified period of validity. The use of promotional vouchers may be excluded for the purchase of certain Products. The use of promotional vouchers may be subject to a minimum sum of purchase.
7.3 The value of the products purchased must be equal to or greater than the value of the promotional voucher. Should the sum of a promotional voucher not be sufficient to cover the value of the products ordered, the difference may be paid through one of the methods of payment accepted as set forth in clause no. 6 above. Promotional vouchers may not be reimbursed in cash and interest does not accrue on their credit value. Promotional vouchers will not be reimbursed if the User decides to return the products ordered either wholly or in part.
7.4 Promotional vouchers may be used solely if the Order is finalised; they cannot be used retroactively and may not be transferred to third parties. Unless otherwise specified by the Seller, it is not possible to accumulate a number of promotional vouchers for use on the same Order.
7.5 If during the course of the Order the User were to use a promotional voucher and if the aggregate value of the order, due to withdrawal by the customer, were to be lower than the value of the promotional voucher, the Seller hereby reserves the right to invoice the original price of the products that remain in the possession of the User.
8. DELIVERY OF PRODUCTS
8.1 The Seller will deliver the Products indicated in the Order to the address indicated by the User.
8.2 All delivery times shown on the Website are estimates based exclusively on availability, normal processing of the Order and on delivery times declared by suppliers and carriers employed by the Seller. Delivery times indicated on the Product Datasheet or at the time of dispatch of the Order must therefore be understood as being the minimum estimated time, meaning the time necessary to trace the Product at the suppliers location and make it available for delivery, save for those exceptional cases were the Product is not located in which case the Seller will timely notify by email.
8.3 Actual delivery time may therefore be different from the time indicated on the Product Datasheet as it depends on the suppliers handling of the order and therefore, on causes and reasons beyond the Seller’s control. The latter, in order to solve this problem, may decide to deliver the Products requested in a single Order over a number of separate deliveries while debiting the User only the expenses of the first delivery. For more information, please read ORDERS AND SHIPMENTS.
9. SECURITY OF PAYMENTS
9.1 Payments made through the Portal are and will remain protected by an advanced data protection network system. Payment by credit card takes place on a secure server managed by a third-party company duly authorised by the applicable law to perform these services; data relative to the credit card are therefore processed exclusively by the Payment Manager. The Seller will therefore have no access to data relative to credit cards but will manage only the User Data.
9.2 No liability may attach to the Seller for any fraudulent use by third parties of data relative to the credit card of the User: should this occur, the User must contact the Payment Manager immediately and the relative Authorities if necessary.
For more information, please read Payment information.
10. RIGHT OF WITHDRAWAL
10.1 Pursuant to art. 54 of the Consumer Code, a User who can qualify himself/herself as a Consumer may, within 14 (fourteen) days from the receipt of the Product, exercise the right of withdrawal obtaining reimbursement of all sums paid, after deduction of the shipping expenses and any expenses of returned products as set forth in clause no. 10.5. In those cases were the User has chosen to have the Products of a single Order delivered to himself/herself over a number of deliveries, or in cases of a Product made up of separate lots or multiple pieces for shipping in a number of deliveries, the term for exercising withdrawal will run from the delivery of the last Product.
10.2 In order to exercise the right of withdrawal, a User must advise Customer Service, within the term indicated in clause 10.1 above, of the decision to withdraw from this contract by email to the address …. or by registered letter with return receipt to the address -----, using, if they so desire, the following standard wording:
By means of this letter, the undersigned (*) hereby notifies withdrawal from the contract concluded for the purchase of the following products (*)
- ordered on (*) / received on (*)
- name of purchaser (s)
- address of purchaser (s)
(*) Cancel wordings not needed
10.3 Following receipt of the notice set forth in clause no. 10.2 above, the Seller will forward, without delay, confirmation of receipt of withdrawal on a durable support (for example by email) containing, in an attachment, instructions for return of the Product and the return label that the User must affix to the package containing the returned products.
10.4 Within the 14 (fourteen) days subsequent to the notification set forth in clause 10.2, the User will thus be held bound to return the products for which they have exercised the right of withdrawal without undue delay and in any case by and no later than 14 (fourteen) days from the date when they have notified the Seller of their decision to withdraw from the contract.
10.5 For the return of the products set forth in foregoing clause no. 10.4, the User may make use of the carrier indicated by the Seller or a carrier of their own, at its own care and expense, sending the returned products to the following address:
REAWAKENING STOCKS di Massimiliano Iotti & C. S.a.s.
Via Antonio Bellelli, 1
42015 Correggio (RE)
Expenses of sending for return of articles purchased are borne exclusively by the User who also takes on the shipping risk and on any customs charges.
Here below please find the shipping costs for returned products borne by a User in the event of the latter deciding to make use of the carrier indicated by the Seller, split by geographic area:
European Union: €15
Extra EU (rest of world): €30
10.6 The Products set forth in clause 10.5 above must be returned
properly packed in their original packaging, not ruined, damaged or soiled and complete of all accessories;
together with the relative shipping document (present in the original packaging) so as to allow the Seller to identify the customer (Order number, name, surname and address);
without manifest signs of use other than those compatible with carrying out a normal try-out or test of the article (there must be no traces of a prolonged use or, in any event, use exceeding the time needed for a try-out or test and there must not be in a state such as not to allow resale);
without any tampering of the warranty seal, which must therefore remain perfectly intact.
10.7 If the Product returned is not found compliant with what is set forth in clause no. 10.6 above, withdrawal will be deemed to be without effect.
10.8 Once the Product has been received or in any event if the User has forwarded proof of delivery of the Product, the Seller will reimburse the relative payment to the User with the same payment method selected at the time of placing the Order, deducting delivery expenses for the purchase and any expenses of any returned products as set forth in clause 10.5 above. The Seller will not therefore be held bound to reimburse any delivery costs of the products.
10.8 A User may not exercise the withdrawal right governed by this clause for Products that fall within the cases of exclusion pursuant to art. 59 of the Consumer Code and especially in cases of purchase of products customised or made to order for the User.
For more information, please read returns and reimbursements information.
11.1 Products purchased via the Portal with delivery outside Italy may be subject to import duties and taxes, payable once the package reaches the destination specified by the User: the latter is therefore invited to check the applicable customs policies of the countries involved as any additional cost of customs clearance will be borne exclusively by the User. The Seller indeed has no control over these costs and cannot predict their sum.
11.2 When a User makes a purchase via the Portal, they are deemed to be an importer and therefore bound to comply with all the applicable legislation and regulation of the country where the products are received. In any event, the User is hereby advised that deliveries across borders are subject to opening and inspection of products by customs Authorities.
12. Legal warranty of compliance.
12.1 For purchases made through the Portal, the rules set forth in the Consumer Code apply in the matter of warranty for product defects and non-conformity of the products. A User holding the qualification of Consumer will be accorded the rights set forth under art. 130 of the Consumer Code to be exercised pursuant to the terms set forth under art. 132 of the Consumer Code.
12.2 A User who is not a Consumer (i.e. natural and legal persons who purchase Products while exercising their entrepreneurial, commercial, craft or professional activity, also by means of a request for issuance of an invoice with indication of their VAT number) will have the warranty right for product defects pursuant to the terms of art. 1490 and following of the Civil Code.
12. THE PRODUCTS MUST BE SENT TO THE ADDRESS INDICATED BELOW
REAWAKENING STOCKS di Massimiliano Iotti & C. S.a.s.
Via Antonio Bellelli, 1
42015 Correggio (RE)
13. CHANGES TO CONDITIONS
13.1 The Seller undertakes to provide the Service in the manner and at the conditions and price posted on the Portal.
13.2 The Seller hereby reserves the right in any event to change or supplement these Conditions by posting them on the Portal: modifications made to these Conditions will be effective from their posting on the Portal.
14. LIABILITY OF A USER
14.1 A User hereby declares and warrants: (i) being over eighteen (18) years old (if a natural person); (ii) that the Data provided for the supply of the Service are accurate and truthful; (iii) that they will update the Data provided to the Seller at any time this becomes necessary (iv) having the powers to engage the legal person represented by them (if a legal person).
14.2 A User undertakes not to use the Service offered in an illicit or unauthorised manner.
14.3 A User warrants that the information provided in the Registration Card and at the time of placing an Order are in their legitimate availability and do not violate any third party right.
15. LIMITATION OF LIABILITY
15.1 Within the limits allowed under the law, the Seller declines any and all liability in the event of a Product that does not abide by the applicable legislation of the country of delivery if other than Italy.
15.2 In addition, the Seller will not be liable in cases of delay in the delivery of products purchased due to shortage of stock by the suppliers or in cases of non-substantial differences between the products purchased and their graphic images and their written descriptions published on the Portal.
15.3 Save for cases of wilful act or negligence, the Seller will be liable solely for injury that is direct and foreseeable at the time of closing the contract of sale and will therefore not be liable for any losses suffered, loss of earnings or any other injury that is not an immediate and direct consequence of a breach or is not foreseeable at the time of concluding the contract of sale.
15.4 Finally, liability of the Seller is excluded for any failure or delay in providing the Service that results from circumstances that are outside its control or causes of force majeure among which are, merely by way of example and not exhaustively, natural disasters, adverse atmospheric conditions, sabotage, fire, flood, earthquake, strikes, defective performance of the Service resulting from improper operation of telephone or electrical worldwide and/or national lines or networks, such as, merely by way of example and not exhaustively, breakdowns, overloads and interruptions.
16. INTELLECTUAL PROPERTY
16.1 All information, images, data, news, brands reproduced and/or any type of content conveyed by the Seller in executing the Service or disclosed/posted on the Portal, are confidential and protected. The User is therefore authorised to use the aforesaid data, information, news and content exclusively for its personal use while undertakes not to distribute, disseminate, license or transfer by any means, even telematic ones, disclose or assign to third parties for any cause, said content.
17.1 Seller’s failure to exercise the right to take action against the User for any default under these Conditions will not represent a waiver of Seller’s right of action for User’s breach of any of its obligations.
18. APPLICABLE LAW, JURISDICTION AND COURT OF CONCERN
18.1 The Service will be governed, in addition to these Conditions, by the law of Italy and especially, referring exclusively to a User who may qualify himself/herself as a Consumer, by the rules of Chapter I of Title III of part III of the Consumer Code.
18.2 Any dispute that might arise between the Parties concerning the validity, interpretation or execution of these Conditions will be submitted to the jurisdiction of Italy. Save for what is foreseen under art. 66 bis of the Consumer Code and in any event if the User cannot qualify himself/herself as a Consumer, for resolution of disputes arising between the Parties, the Court of Milan will have exclusive competence.
18.3 For resolving disputes arising in connection with contracts with consumers governed by the provisions of Sections from I to IV of Chapter I of Title III of part III of the Consumer Code and pertaining to these Conditions out-of-court, a User may turn to the procedures of mediation set forth under Legislative Decree no. 28/2010, or may make recourse to ADR bodies through the ODR platform for online resolution of disputes, set up and managed by the European Commission and accessible via the following link http://ec.europa.eu/consumers/odr/. For all information on the manner of use of the ODR platform, a User may consult the specific section there is on the Portal and accessible through address http://ec.europa.eu/consumers/odr/.
19. ILLEGITIMACY OF TERMS AND CONDITIONS
19.1 If for any reason a part of these Conditions is found to be invalid or ineffective, the validity and effect of the remaining terms and conditions will be upheld in full.
20. PROCESSING OF PERSONAL DATA
20.1 As more fully specified in the Privacy Statement which is hereby expressly incorporated herein, the Seller as the controller of the processing warrants that the Data provided by a User through the filling of the Registration Card will be processed in abidance and according to the provisions of Legislative Decree no.196/2003 (“Privacy Code”) of EU Reg. 679/16 and all other regulations applying in the matter of Privacy.
20.2 Without prejudice to the rights accorded under art. 7 of the Privacy Code and art.15 d EU Reg. 679/16, User Data will be processed in the manner and for the ends indicated in the Privacy Briefing and in respect of which the User has expressed its consent.
21. CONTACT OF THE SELLER
21.1 Our contact:
REAWAKENING STOCKS di Massimiliano Iotti & C. S.a.s.
Via Matteo Bandello, 15