INTRODUCTION
Dear Users,
Below are the terms of use applicable to the ’Farmacia Aperta’ service (“Service”), provided by Federfarma Lombardia (Tax Code 04864630159), with registered office in Viale Piceno, 18 20129 Milan (“We” or “Federfarma”), through the appropriate platform (“Platform”), accessible at the address www.farmacia-aperta.eu (“Website”) or by installing the mobile application of the same name (“App”) (“Terms and Conditions”).
For any further information on this matter, please contact us at the following address: farmacia-aperta@federfarmalombardia.it.
Please note that you can save a copy of these Terms and Conditions in “.pdf” format by using the “Print” function in your browser.
1. SCOPE
1.1. The Platform is a tool that facilitates contact between users and pharmacies in Lombardy (“Pharmacies”). In particular, therefore, the Service
a. is in no way intended to enter into contracts between Federfarma and Users for the provision of pharmaceutical services;
b. is limited to Lombardy (“Territory”).
1.2. Your continued use of the Platform, even if resulting from accidental access, constitutes your full acceptance of these Terms and Conditions.
1.3. We may modify or update the Terms and Conditions, in whole or in part and at any time, by posting relevant updates on the Platform. It is understood that any amendments made shall only take effect following their publication.
We therefore invite all users to periodically review the content of these Terms and Conditions in order to remain constantly updated on how to use the Platform.
2. PLATFORM NAVIGATION AND ACCESS TO THE SERVICE
2.1. Users can freely access and navigate the Platform, as well as use the Service, without having to register an account or pay any fees.
2.2. However, navigation of the Platform and use of the Service are subject to compliance with current legislation and respect for our rights and those of the Pharmacies. Users are therefore responsible for any unauthorised use of the Platform and its contents (e.g. contact details of Pharmacies and list of healthcare services provided by them).
2.3. In particular, by accessing the Platform, Users undertake to refrain from: (i) using software programmes or other automatic or manual mechanisms to copy or access the pages of the Platform or its content without our express, written authorisation (including any tool suitable for performing so-called “scraping”); (ii) performing actions that may cause an unreasonable overload of the Platform’s technological infrastructure or our IT systems; (iii) copying, reproducing, altering, modifying or disclosing the content published on it without our express written authorisation or that of the third party owner of the intellectual property rights; (iv) using mechanisms, software or processes that may interfere with the proper functioning of the Platform; (v) circumventing the tools put in place to exclude automatic search engine systems (robots) or other procedures adopted by us to prevent or limit access to the Platform.
2.4. The Platform and the Service are provided “as is” and therefore:
a. the operation of the Platform – or the Service – may be subject to interruptions or errors due to internet connection or malfunctions. In the event of any problems while using the Platform, please contact your Internet Services Provider and check that any Internet connection equipment – including your navigation software – is working properly. Likewise, the Service may not meet your expectations;
b. we may have to modify, suspend or discontinue certain functions related to the Service for technical or organisational reasons.
3. SERVICE
3.1. Through the Service, Users can access a range of features offered by Federfarma, either directly or on behalf of participating Pharmacies. More specifically:
3.1.1. Federfarma’s own functions include:
a. identifying the nearest Pharmacy to Users—subject to their consent for geolocation—or, alternatively, displaying all Pharmacies operating within the Territory;
b. verifying the details (addresses, telephone numbers, e-mail addresses) relating to each Pharmacy, as listed in the relevant profile (“Profile”);
c. finding out which healthcare services are available at each Pharmacy (e.g., vaccinations and diagnostic tests) (“Healthcare Services”).
In such cases, the performance of the Service is inherent to the use of the Platform, while the processing of personal data is limited to what is necessary to allow navigation and geolocation, subject to the User’s explicit consent, in accordance with the privacy policy available here.
3.1.2. Functions carried out on behalf of Pharmacies include managing bookings and, where applicable, processing payments for Healthcare Services offered by each Pharmacy, as specified in the booking conditions to which reference should be made (‘Booking Conditions’).
Booking and payment for Healthcare Services therefore represent two distinct elements of any contract that Users may enter into with Pharmacies, with Federfarma having no involvement in this regard. Furthermore, any personal data requested in such circumstances will be processed by the relevant Pharmacy in accordance with the privacy policy available here.
4. USER OBLIGATIONS AND RESPONSIBILITIES
4.1. 4.By using the Platform and the Service, Users guarantee that they will:
◦ not attempt to circumvent the Platform’s security measures or breach its network;
◦ not use the Platform for purposes unrelated to its intended use;
◦ not engage in any illegal activity in connection with the use of the Platform and the Service;
◦ provide, where requested, truthful, accurate and complete information.
However, it is understood that Users must be of legal age in order to complete any booking.
4.2. Should they violate the foregoing, Users shall be liable for any claims – including claims for damages – brought by third parties regarding the infringement of their rights.
4.3. It is understood that in the event that Users enter incorrect or invalid data in the Platform’s forms (e.g. incorrect e-mail addresses), they shall be solely responsible for any for any resulting inefficiencies caused by such inaccuracies.
5. FORCE MAJEURE
5.1. Federfarma Lombardia shall in no way be liable for any failure or delay in fulfilling its obligations under these Terms and Conditions resulting from force majeure events (“Force Majeure“).
Force Majeure refers to any act, event, non-occurrence, omission or accident, whose cause is beyond our reasonable control; such term includes, but is not limited to:
a. strikes, lockouts or other labour unrest;
b. riots, revolts, invasion, terrorist attacks or war(whether declared or not), including threats thereof;
c. fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics or other natural disasters;
d. inability to use railways, sea or air transport, motor transport or other public or private means of transport;
e. inability to use public or private telecommunications networks;
f. acts, decrees, laws, regulations or restrictions imposed by national legislatures or Government;
g. any strike, disaster or accident affecting maritime, postal or other relevant means of transport.
5.2. It is understood that the fulfilment of obligations under these Terms and Conditions shall be suspended for the entire duration of the Force Majeure event; consequently, the same shall be extended for a similar period of time.
5.3. Without prejudice to the foregoing, during any Force Majeure event we shall make reasonable efforts to fulfil our contractual obligations.
6. INTELLECTUAL PROPERTY
6.1. The distinctive sign “Farmacia Aperta” (both in its verbal and graphic form), the domain name (including all additional URLs linking to such domain), the Platform, its graphic design and its Content are owned by or licensed to Federfarma and are protected by national and international laws governing property rights and other intellectual and industrial property laws (“Intellectual Property”).
6.2. The publication, distribution, display, modification, creation of derivative works and manipulation of the Intellectual Property, in any form, is strictly prohibited without our written authorisation or that of the third party owner.
6.3. Users may, for personal and non-commercial purposes only, view the Platform on a PC, tablet or smartphone, store it in electronic form on a disk (however not on a server or network-connected storage device) and print out a copy, provided that all relevant copyright and industrial property rights are duly acknowledged.
7. VIOLATION OF THE TERMS AND CONDITIONS
7.1. Should Users engage in conduct that does not comply with these Terms and Conditions or otherwise violates them, we will take all necessary measures, including legal action, to promptly eliminate such conduct.
7.2. By way of example only, we may restrict, suspend or terminate access to the Service or prohibit access to the Platform.
7.3. Finally, by accepting these Terms and Conditions, Users agree to indemnify and hold Federfarma harmless from any claims or demands for compensation by third parties arising from the breach of any provision of these Terms and Conditions, legal obligations, or third-party rights.
7.4. In any case, we reserve the right to report unlawful conduct to the competent Police Authorities and to seek full compensation for all damages incurred, whether financial or otherwise.
8. FINAL PROVISIONS
8.1. These Terms and Conditions constitute the entire agreement between us and the Users concerning the navigation of the Platform and the Service, there being no other document that may derogate from, supplement or modify the general and specific rules governing use of the Services.
8.2. If any clause is deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the other clauses in this contract.
8.3. We reserve the unquestionable right to transfer any relations arising from the application of these Terms and Conditions at our discretion, notifying Users accordingly.
8.4. Our failure to utilise a right does not imply a waiver of the right to take measures against any breach of commitments undertaken.
9. PERSONAL DATA
9.1. Federfarma Lombardia is deeply committed to safeguarding the security of Users’ data and, for this reason, handles it in total compliance with relevant legal requirements, as detailed in the privacy policy associated with the Service.
9.2. As specified in Article 3.1.2 above, Federfarma reminds Users that the data they provide when booking Healthcare Services are processed on behalf of the Pharmacies to which said Healthcare Services are requested; in these cases Federfarma acts as data processor.
10. APPLICABLE LAW AND JURISDICTION
10.1. These Terms and Conditions are governed by Italian law, with the express exclusion of conflict-of-law rules under private international law.
10.2. If acting as a consumer, in accordance with the Legislative Decree of 6 September 2005, no. 206, articles 66 et seq. we inform Users that:
10.2.1. any dispute relating to the application, execution, or interpretation of the present Terms and Conditions shall be subject to the jurisdiction of the court of the User’s place of residence or elected domicile, provided it is located within the territory of the Italian State;
10.2.2. any dispute relating, directly or indirectly, to the conclusion, execution, interpretation and termination of contractual relationships arising from the use of the services offered by the Platform that cannot be resolved amicably may be referred to alternative dispute resolution (ADR) bodies.
For these purposes, we point out that Users may refer to the Italian bodies listed on the official European Union page at the following address.
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CONDITIONS RELATING TO THE BOOKING OF HEALTHCARE SERVICES
THROUGH THE FARMACIA APERTA SERVICE
Last version: October 2023
In addition to the terms of the “Farmacia Aperta” service (“Service”) provided by Federfarma Lombardia (Tax Code 04864630159), with registered office in Viale Piceno, 18 20129 Milan (“We” or “Federfarma”), through the appropriate platform (“Platform”), accessible at the address www.farmacia-aperta.eu (“Website”) or by installing the mobile application of the same name (“App”), we intend to detail below the conditions related to the healthcare service booking system (“Booking Conditions”) provided by the pharmacies participating in the Service (“Pharmacies”).
1. SUBJECT
1.1. Platform Users may book the Healthcare Services of interest offered by individual Pharmacies as outlined in their respective profiles (“Healthcare Services”). To do so, Users are required to complete the appropriate booking form available on the Platform, providing their personal details (first name and surname) and contact details (such as email address and telephone number), as well as indicating the Healthcare Service requested and their preferred date and time.
1.2. In this regard, please be aware that, although bookings are facilitated via the Platform, the agreement is directly with the contacted Pharmacy. Therefore, the Pharmacy serves as the contractual counterpart to the Users concerning the booking of the Healthcare Services it offers, as well as acting as the data controller. In such cases, Federfarma acts exclusively as Data Processor.
1.3. After submitting the booking form, Users will receive a notification at their specified contact details. This message will detail the booked Healthcare Service and include vital information such as the contact details of the relevant Pharmacy, date and time, personal and contact data entered by the Users, and the cost of the booked Healthcare Service (‘Confirmation’).
2. AVAILABILITY OF HEALTHCARE SERVICES
2.1. Healthcare Services availability is adjusted in real time as Users make bookings throughout the day.
2.2. It is acknowledged that each Pharmacy is able to update and modify the list of Healthcare Services that can be booked via the Platform at any time, without any action required on our part, and is consequently responsible for the accuracy of the information provided therein (e.g. list of Healthcare Services; time slots, etc.).
2.3. Furthermore, the mere publication of the Healthcare Services on the Platform does not imply any commitment in this regard by the Pharmacies towards Users until a booking has been completed and the Confirmation has been provided.
3. PRICES OF HEALTHCARE SERVICES
3.1. Pharmacies specify the prices of bookable Healthcare Services on the relevant pages featured on the Platform, which are expressed in euros (€) and incorporate VAT (Prices).
3.2. Price indications on the Platform may be subject to errors. In the rare event that this occurs, the Pharmacy will contact those Users who have made a booking before sending the Confirmation, informing them of the error and checking whether they still wish to proceed with the Healthcare Service. Should they not wish to continue, the booking will be cancelled and any amounts paid will be refunded.
3.3. Prices may change at any time; however, these changes will not affect booked Healthcare Services for which Confirmation has already been sent.
4. FORCE MAJEURE
4.1. Pharmacies shall not be held liable for any failure or delay in the fulfilment of their obligations under these Booking Conditions resulting from force majeure events (“Force Majeure”).
Force Majeure refers to any act, event, non-occurrence, omission or accident, whose cause is beyond our reasonable control; such term includes, but is not limited to:
h. strikes, lockouts or other labour unrest;
i. riots, revolts, invasion, terrorist attacks or war(whether declared or not), including threats thereof;
j. fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics or other natural disasters;
k. inability to use railways, sea or air transport, motor transport or other public or private means of transport;
l. inability to use public or private telecommunications networks;
m. acts, decrees, laws, regulations or restrictions imposed by national legislatures or Government;
n. any strike, disaster or accident affecting maritime, postal or other relevant means of transport.
4.2. It is understood that the fulfilment of the obligations under these Booking Conditions shall remain suspended for the entire duration of the Force Majeure event; consequently, the same shall be extended for a similar period of time.
5. FINAL PROVISIONS
5.1. These Booking Conditions, together with the booking of the Healthcare Service and its corresponding Confirmation, constitute the entire agreement between the Pharmacies and Users regarding the booking of Healthcare Services.
5.2. If any clause is deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the other clauses in this contract.
5.3. The Pharmacies reserve the right to transfer any relationships resulting from the application of these Terms and Conditions, notifying the Users thereof.
5.4. Failure by the Pharmacies to exercise their rights does not constitute a waiver of their right to take action for breach of commitments undertaken.
6. PERSONAL DATA
6.1. When Users book Healthcare Services, their personal data is processed by the respective Pharmacies from which these Healthcare Services are requested, in accordance with the privacy policy available here.
7. APPLICABLE LAW AND JURISDICTION
7.1. These Booking Conditions are governed by Italian law, with the express exclusion of conflict-of-law rules under private international law.
7.2. If Users are acting as consumers, in accordance with Legislative Decree No. 206 of 6 September 2005, Articles 66 et seq., we hereby inform them that: 7.2.1. any dispute relating to the application, execution or interpretation of the present Terms and Conditions shall be subject to the jurisdiction of the court of the User’s place of residence or elected domicile, provided it is located within the territory of the Italian State;
7.2.2. any dispute relating, directly or indirectly, to the conclusion, execution, interpretation and termination of contractual relationships arising from the use of the services offered by the Platform that cannot be resolved amicably may be referred to alternative dispute resolution (ADR) bodies.
For these purposes, we point out that Users may refer to the Italian bodies listed on the official European Union page at the following address.