Terms And Conditions
Please review these TERMS AND CONDITIONS carefully as they are the terms of sale that govern your purchases at WWW.ITALIANODIET.COM. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in PHARMAMECH INC.’s product warranties. Your placement of an order at constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE
PHARMAMECH INC. reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
PHARMAMECH INC. may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Site for orders already placed. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Service and the Site. You agree to comply with all laws applicable to your activities on the Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You acknowledge that from time to time the WWW.ITALIANODIET.COMService or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which may undertake from time to time; or (iii) causes beyond the control of or which are not reasonably foreseeable by WWW.ITALIANODIET.COM.
ACCEPTABLE USE POLICY
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by to be in conflict with the letter or intent of this Agreement. Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.
SHIPPING AND PROCESSING
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. All orders are shipped in to 5 working days.
You will receive a confirmation email when your order leaves the warehouse. The email will contain a tracking number that will allow you to track your order online or by phone. Product Prices are in US Dollars.
If the purchased item arrives damaged or defective, you may return the product for a full exchange or product refund. A Return Authorization Number (RA #) or a Credit Authorization Number (CA #) must be issued and assigned to each case. PHARMAMECH INC. will cover all shipping costs if a full exchange is authorized. All products must be packed in the original packaging.
Products for which a damage claim is properly filed will be replaced with the same item or a credit will be issued to you. PHARMAMECH INC. is responsible only for products that are damaged as a result of improper packaging. The carrier is solely responsible for any products damaged during shipping to the customer.
– Visible Damage
Customers should refuse visibly damaged products on the original delivery attempt. If visibly damaged products are accepted from the carrier, the customer must do the following to file a proper damage claim: 1.Note all damage in the carrier’s bill of lading at the time of delivery. 2.Save the product, the packaging and the original box until the claim is finalized. 3.Notify PHARMAMECH INC. WITHIN TWO (2) DAYS after receipt of the damaged products and send clear photos of the damaged product.
– Hidden Damage
Products must be inspected immediately after delivery. If damage is discovered after products are accepted from the carrier, the customer must do the following to file a proper damage claim: 1.Notify PHARMAMECH INC. WITHIN TWO (2) DAYS after receipt of the damaged products. 2.Save the product, the packaging and the original box until the claim is finalized. 3.Send clear photos of the damaged product.
Products that are not defective or that have not been found to be damaged upon arrival cannot be returned. If a refund is authorized, a credit will be issued and will appear on your billing statement. If a replacement is authorized, your request will be processed immediately and a replacement will be sent. Please note that in order to receive a refund or exchange, we require that the returned merchandise be in new, complete and original condition and packaging.
This Web Site and all Content available on this Web Site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that PHARMAMECH INC. shall not be liable for any damages of any kind related to your use of this Web Site. Neither party will be liable for breach-of-contract damages that the breaching party could not reasonably have foreseen on entry into this agreement. In particular, Incidental damages and Consequential damages are limited to the value of the goods purchased plus shipping cost. Applicable Law Any dispute relating to website or use or inability to use the website (collectively, ‘Dispute’) will be governed by the laws of the state of New York without regard to (i) its conflict of law provisions, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, or (iii) any provision of the Uniform Computer Information Transaction Act as it may be enacted in the state of New York or any other jurisdiction. PHARMAMECH INC. will not be liable for and you may not recover punitive, special, and/or indirect damages from any claim relating to your use of website. No Class Actions To the fullest extent permitted by applicable law, no arbitration under these terms shall be joined to an arbitration involving any other party subject to these terms, whether through class arbitration or otherwise
If a purchased item is defective, you may return the product for a full exchange or product refund. A Return Authorization Number (RA #) or a Credit Authorization Number (CA #) must be issued and assigned to each case. We will ask you to provide us with a photo of the defective product or to return the defective product to us. We will cover shipping costs in the event that the products are indeed found to be defective.
THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US EXCEPT AS EXPRESSLY STATED IN THIS TERMS AND CONDITIONS; AND ANY WARRANTY, CONDITION OR OTHER TERM CONCERNING THE PRODUCTS OR SERVICES WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THIS TERMS AND CONDITIONS BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY OR FITNESS FOR PURPOSE) IS HEREBY EXPRESSLY EXCLUDED. WE WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO US IN RESPECT OF THE PRODUCT(S) IN QUESTION. NOTWITHSTANDING THE ABOVE, NOTHING IN THIS TERMS AND CONDITIONS EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, RIGHT OR LIABILITY IMPLIED INTO THIS CONTRACT WHERE TO DO SO IS ILLEGAL OR WOULD RENDER ANY PROVISION OF THIS TERMS AND CONDITIONS VOID.
CIRCUMSTANCES BEYOND OUR CONTROL
We will make every effort to perform our obligations under this Terms and Conditions. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstance beyond our reasonable control.
The prices displayed on our Web Site or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. PHARMAMECH INC. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
– Credit Card Utilized to Make Payments on Internet
We accept payments online. PHARMAMECH INC. cannot accept your order until you have paid for it in full. You may pay by Paypall, American Express, Mastercard, Carta Aura, Maestro, Discover, Visa. Upon payment, we will confirm receipt of your order by an acknowledgment displayed onscreen once your payment details have been accepted, followed by an email which will be sent to the email address you provide on your order details. You will have an opportunity to check and correct any input errors in your order up until the point at which You submit your order by clicking the “confirm order” button on the checkout page. A legally binding contract between us is created at the point of our acceptance of Your order. PHARMAMECH INC. reserves the right to choose not to accept your order for any reason, at its discretion, and will not be liable to You or anyone else in those circumstances. In the unlikely event that the price of an item has been incorrectly advertised on this website, we will contact You by email (at the address provided with your order details) or telephone to ask whether You wish to proceed with the order at the correct price. By using a credit/debit card to pay for your order, You confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your order.
– Enforcement, Modification, and Requirement.
It is to be understood that the online payment terms and conditions are applied to all products and services which their payments are made with the credit card; furthermore, it is to be considered that the customer or service utilizer, who pays with such method, agrees to all terms and conditions. Moreover, the customer waives to file a complaint or charge us for any compensation, which might happen based on the possibility of cancellation on the order(s) of products and/or services, when the payment is made inaccurately and/or not following the payment terms and conditions as clarified.
We understand that You may have concerns about security on the internet. Our website uses a secure server that implements secure sockets layer (SSL) technology in our on-line ordering process to protect your payment card information. Once You have completed the selection of products You wish to purchase You may proceed to place an order. As soon as You click “continue with order” your browser will go into secure mode. Data relating to your order and your personal and payment card details will all pass to our server in an encrypted format. As soon as You have finished ordering You will exit secure mode. As an additional protection for You, our system is designed so that You cannot place an order until You are safely within secure mode. We recommend that You do not communicate your payment card details to anyone, including Us, by email. We cannot be responsible for any losses You may incur in transmitting information to Us by internet link or by email. Any such loss shall not be borne either wholly or partly by Us, and shall be entirely your responsibility. We are required by law to inform You that sales can be concluded in US only and that no public filing requirements apply. PHARMAMECH INC. may change these Purchase Terms at any time, provided that any such change will not affect any purchases You have made before the change is implemented. The Purchase Terms currently in effect are those published on this website. SSL certificates used support both industry-standard 128-bit (used by all banking infrastructures to safeguard sensitive data) and high-grade 256-bit SSL encryption to secure online transactions. The actual encryption strength on a secure connection using a digital certificate is determined by the level of encryption supported by the user’s browser and the server that the Web site resides on. If you have any questions regarding your order, please feel free to contact us.
No Class Actions
To the PHARMAMECH INC. fullest extent permitted by applicable law, no arbitration under these terms shall be joined to an arbitration involving any other party subject to these terms, whether through class arbitration or otherwise.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules.
The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of New York.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PHARMAMECH INC.. The collective work includes works that are licensed to PHARMAMECH INC.. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PHARMAMECH INC. or purchasing PHARMAMECH INC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PHARMAMECH INC. or to purchase PHARMAMECH INC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PHARMAMECH INC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the designated agent of identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices of infringement should be directed to the following designated agent of WWW.ITALIANODIET.COM:
2711 Centerville Road, Suite 400
WILMINGTON – County of New Castle – DELAWARE 19808
18 Bridge Street; 2A
Brooklyn, NEW YORK 11201
Or e-mail: email@example.com
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys’ fees.