TERMS & CONDITIONS

Welcome to our website www.theflamel.com (the "Website"). These Conditions of Use govern access to and use of www.theflamel.com. The access to and use of this website as well as the purchase of products on www.theflamel.com, are based on the assumption that you have read, understood and accepted these Conditions of Use. This Website is managed and maintained by The Level s.r.l. ("Provider"), with registered offices in Italy at Piazza Arcole 4, 20143, Milan, VAT number 07234250962, MI - 1945372.

If you need assistance, visit our Customer Service area, where you will find information on orders, shipping, refunds and returns of products purchased on www.theflamel.com, a registration form, tips and other general information on the services provided by www.theflamel.com. You can contact us by email by clicking here.

For any other legal information, visit the Privacy Policy, Cookie Policy and Returns Policy sections on theflamel.com. The Provider may amend or simply update all or part of these Conditions of Use. Any amendment or update of the Conditions of Use shall be posted for our users on the Home Page of theflamel.com. as soon as such amendments or updates have been made and shall be binding as soon as they are published on the website in this section. Therefore, you should regularly access this section on the website in order to check the publication of the most recent and updated Conditions of Use. If you do not agree to all or part of the theflamel.com´s Conditions of Use, please do not use our website.

The access to and use of www.theflamel.com, including display of web pages, communication with the Provider, downloading product information and making purchases on the website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be solely liable for your use of www.theflamel.com and its contents. The Provider shall not be considered liable for any use of the website and its contents made by its users that are not compliant with the laws and regulations in force, without prejudice to Provider's liability for intentional torts and gross negligence. In particular, you will be solely liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

Lastly, as all materials will be downloaded or otherwise obtained by using the service at the user's choice and risk, any damage to computer systems or loss of data caused by the download operators shall be exclusively at the user's liability, and cannot be attributed to the Provider. The Provider denies all liability for any damage resulting from the inaccessibility of the services on the site or any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, network, provider, telephone or connection issues, unauthorized access, alteration of data, or faulty and/or defective functioning of the electronic equipment belonging to the user.

The user is responsible for correctly storing and using their personal details, including the credentials allowing access to the services, in addition to any damage caused by the Provider or third parties following the incorrect use, loss or removal of said information.

1. PRIVACY POLICY

We recommend that you read the Privacy Policy which also applies in the event that users access to www.theflamel.com and use the relevant services without making purchases. The Privacy Policy will help you to understand how and for what purposes theflamel.com collects and uses your personal data.

2. INTELLECTUAL PROPERTY RIGHTS

All content included on www.theflamel.com, such as works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos, and any other material published in any format on www.theflamel.com, including menus, web pages, graphics, colors, screens, fonts and web design, diagrams, layouts, methods, processes, functions and software that are part of www.theflamel.com (collectively, the “Contents”), are protected by copyright and all other intellectual property rights by The Flame'l S.r.l., an Italian company with registered offices in Milan (MI), Piazza Castello, 4 - 20121, Italy – and/or the Provider and other rights owners. You may not reproduce in any form, in whole or in part, www.theflamel.com and/or its Contents without the express written consent of www.theflamel.com and the Provider.

Regarding the use of www.theflamel.com, you are solely authorized to view the Website and its Contents. You are also authorized to perform all temporary reproductions, without any personal financial gain, considered transitory or accessory, an integral and essential part of viewing www.theflamel.com and its Contents, and all other navigation of the website performed exclusively for legitimate use of www.theflamel.com and its contents. You are not authorized to reproduce all or part of www.theflamel.com and its Contents in any form. Any reproduction must be authorized on a case-by-case basis by The Flame'l S.r.l. If authorized in writing, these documents must in any case be performed for lawful, non-commercial purposes and in compliance with the copyright and other intellectual property rights of The Flame'l S.r.l. and of the authors of the individual works contained in the Site. The Flame'l S.r.l. and the authors of individual works published on www.theflamel.com have, at all times, the right to claim the ownership of their works and to oppose any deformation, alteration or other modification to them, including any damage caused to the works, to their honor or reputation. You undertake to respect the copyright of the artists who have chosen to publish their works on www.theflamel.com or who have collaborated with www.theflamel.com to create new expressive and artistic forms destined for publication, even if not exclusively on the Website, or which are an integral part of it. Furthermore, you are in no case authorized to use, in any way or form, the Contents of the Website and each individual work protected by copyright and other intellectual property rights. For example, you may not alter or modify in any way the Contents and works protected without the consent of The Flame'l S.r.l. and, where necessary, the individual authors of works published on www.theflamel.com.

3. LINKS TO OTHER WEBSITES

www.theflamel.com may contain hypertext links ("links") to other websites which are in no way connected to www.theflamel.com. The Provider does not control or monitor these third party websites or their contents, and shall not be held liable for their contents and/or for the rules adopted by them regarding, but not limited to, your privacy and the processing of your personal data when you are visiting those websites. Please, therefore, pay attention when you access these websites through the links provided on www.theflamel.com and read their Conditions of use and their privacy policies carefully. In fact, www.theflamel.com's Conditions of Use and Privacy Policy do not apply to the websites of third parties not managed by the Provider. www.theflamel.com provides links to other websites exclusively to help its users in searching and surfing the Internet and to allow links to websites on the Internet. When offering links to other websites, the Provider does not recommend that its users access these websites or provide any guarantees as to the contents, services and products supplied and sold to users on them.

4. LINKS TO WWW.THEFLAMEL.COM

If you are interested in linking to the home page or other pages on www.theflamel.com, please contact the Provider at the following link. We ask that you contact us in order to request our consent to www.theflamel.com. The activation of links is granted on request free of charge and non-exclusively by the Provider. The Provider is entitled to object to the activation of links to its website in the event that the applicant who intends to activate links to www.theflamel.com, has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by market operators, or has made unfair competition activities vis-à-vis the Provider or the latter's suppliers, or when the Provider fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to www.theflamel.com or to use unauthorized meta-tags without the Provider's consent.

5. CONTENT DISCLAIMER

The Provider does not warrant that the contents of the website are appropriate or lawful in other countries outside Italy. However, in the event that such contents are deemed to be unlawful or illegal in some of these countries, please do not access this website. If you choose to access it nonetheless, we inform you that your use of the services provided by www.theflamel.com is at your own exclusive and personal responsibility.

The Provider has also taken every precaution necessary to ensure users that the Contents of www.theflamel.com are accurate and do not contain incorrect or outdated information on their date of publication on the website and, as far as possible, afterwards. Nonetheless, the Provider does not accept any liability to users for the accuracy or completeness of contents published on www.theflamel.com, without prejudice to their liability for negligence or willful misconduct and other legal liability. Moreover, the Provider cannot guarantee that the website will operate continuously, without any interruptions and errors due to the connection to the internet. In the event of any problem in using our website, please contact our Customer Service. A representative will be at your disposal to assist and help you to restore your access to the website, as far as possible. In the same way, we also recommend you contact your internet services provider or check that each device for internet connection and access to web content is correctly activated, including your internet browser. Although the Provider will do everything possible to ensure continuous access to their website, the dynamic nature of the internet and its contents may not allow www.theflamel.com, to operate without any suspensions, interruptions or discontinuity due to updating the website. The Provider has adopted adequate technical and organizational security measures to protect services on www.theflamel.com, the integrity of data and electronic communications in order to prevent unauthorized use of or access to data, and prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of www.theflamel.com, and to avoid unauthorized or unlawful access to such data and information.

6. OUR BUSINESS POLICY

The Provider has a set business policy, and our mission consists of selling products through our services and website exclusively to "consumers", intended as any natural person acting on www.theflamel.com, for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our services for purchasing products on www.theflamel.com. If you continue to use the site, the Provider may refuse to accept purchase orders from persons other than consumers or any other purchase order which does not comply with the Conditions of Sale and these Conditions of Use.

7. APPLICABLE LEGISLATION

These Conditions of Use are governed by Italian law.

Conditions of sale

The following Conditions of Sale govern the offer and sale together with the Conditions of Use, Privacy Policy and Returns Policy of products on www.theflamel.com. Products purchased on www.theflamel.com are sold directly by The Level s.r.l. (the "Vendor"), with registered offices in Italy at Piazza Arcole 4, 20143, Milan, VAT number 07234250962, MI - 1945372

Please contact our Customer Services for any further information, where you will find information on orders and shipping, refunds and returns of products purchased on theflamel.com. Remember that you can always contact the Seller via email at the following link.

For any other legal information, go to the sections: Conditions of Use, Privacy Policy and Returns Policy.

1. Our business policy

1.1 The Vendor offers products for sale on www.theflamel.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".

1.2 "Consumer" shall mean any individual who is acting on www.theflamel.com for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.theflamel.com.

1.3 The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.

1.4 These Conditions of Sale govern the offer, transmission and acceptance of purchase orders relating to products on www.theflamel.com between the users of www.theflamel.com and the Vendor.

1.5 The Conditions of Sale do not govern the supply of services or the sale of products performed by third parties that are on www.theflamel.com through links, banners or other hypertext links. Before submitting orders and purchasing products and services from third parties, we recommend that you verify their Conditions of sale; the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.theflamel.com and third parties.

2. How to place an order with the Vendor

2.1 To place an order for the purchase of one or more products on www.theflamel.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.

2.2 The order form contains a summary of these Conditions of Sale and the Returns Policy, information on the main characteristics of each product ordered and the corresponding unit price (including all applicable fees and taxes), the type of payment methods that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the Conditions for returning purchased products.

2.3 The order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.

2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the Conditions of Sale and the Returns Policy, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.

2.5 The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by logging in and visiting the section called Orders, in the My Account area.

2.6 After your order form has been submitted, the Vendor will process your order.

2.7 The Vendor may refuse to process purchases if there are no sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the order has not been placed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.theflamel.com are no longer available at the time you last accessed the website or submitted your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has already been paid, the Vendor will refund the amount paid for those items.

2.8 By submitting an order form online, you unconditionally accept and undertake to observe the provisions of these Conditions of Sale. Should you not agree with certain provisions of these Conditions of Sale, please do not submit your order form for the purchase of products on www.theflamel.com.

2.9 By submitting an order form, you agree and accept these Conditions of Sale as well as further conditions contained on www.theflamel.com, even through links, including the Conditions of use and Privacy Policy of www.theflamel.com.

2.10 Upon submission of an order form, the Vendor shall send you a purchase order receipt by email, containing a summary of the information related to the order form (Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).

3. Guarantees and Product Price Indication

3.1 www.theflamel.com only offers products bearing the "The Flamel" brand purchased directly by the Vendor from The Flame'l S.r.l. - with registered offices in Piazza Castello 4, 20121, Milan (Italy) - and/or their authorised manufacturers.

3.2 The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.

3.3 The main characteristics of products are shown on www.theflamel.com on each product page. The images and colors of products offered for sale on www.theflamel.com may not exactly correspond to the real products, due to the Internet browser or monitor used.

3.4 Prices are subject to change. Check the final price of sale before sending the relevant order form.

3.5 Orders received from countries other than those selected for shipping or to addresses to which the Vendor cannot ship cannot be accepted.

3.6 All products sold by www.theflamel.com come with an identification tag attached with a disposable seal. Please do not remove the tag and seal, which are an integral part of the purchased products.

3.7 If you exercise your right to return the products, the Vendor may refuse to accept products that are damaged, without the tag or which have been altered in their main characteristics or quality.

4. Payment

4.1 Payment of the product prices and the relative costs for shipping and delivery must be made by using one of the procedures indicated on the order form.

4.2 If you pay with credit card, your financial information (for example, the credit/debit card number or the expiry date) will be sent to an external payment service provider (PSP) who, via a 256-bit DigiCert SSL SHA2 certified encrypted protocol, guarantees the security of the transaction. Your financial information will never be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud on www.theflamel.com to the police. The price for the purchase of products and the costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.

4.3 International transaction fees: The Vendor does not apply any extra charges past the requested amount made at the time of purchase; any such fees that appear on your bank statement are withdrawn by your bank.

5. Shipping and delivery of the products

For information on specific product shipping and delivery procedures, access the Customer Service section. Please read these sections carefully. The information provided forms an integral part of these Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

6. Customer Service

Please click here to contact our Customer Service for any further information. For further clarifications, access the Customer Service area.

7. Right to withdraw

7.1 Being the consumer, you have the write to cancel the contract with the Vendor, without any penalty and without providing a reason, up to fourteen (14) working days from the date of receiving the products purchased on www.theflamel.com. It is not possible to return an item in exchange for another.

7.2 For details on how to cancel the contract, please refer to the Returns Policy. Please read these sections carefully. The information provided forms an integral part of these Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

8. PRIVACY

8.1 You will find information on how we process your personal data by reading the Privacy Policy.

8.2 You are advised to read, if you haven't already done so, our Conditions of Use which contain important information on how we process the personal data of our users and on the security systems we use.

8.3 For further information on our Privacy Policy you can contact us clicking here or to the Vendor's registered offices located in Piazza Arcole 4, 20143, Milan, Italy.

9. Applicable legislation

These Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.

10. Amendments and updates

The Conditions of Sale may be amended from time to time due to new laws and regulations or for other reasons. The new Conditions of Sale shall be effective as of the date of publication on www.theflamel.com.

11. Information on the company

The Level s.r.l.
Piazza Arcole 4 – 20143 Milan, ITALY
VAT no: 07234250962, MI - 1945372

Return Policy

The purpose of Level Group Srl ("Provider") is to guarantee your full satisfaction. If, for any reason whatsoever, you are not satisfied with your order, you may exercise your right to return purchased products within fourteen (14) working days from the date on which you received them from theflamel.com. Returned items must be shipped back to the Vendor within fourteen (14) working days from the date the package was delivered to you. The products may be returned by dispatching the package through the shipping agent indicated by the Vendor (UPS), or through another shipping agent, only after completing the Return Authorization Request available on the web site in the Customer Service area, in order for us to provide you with a Return Authorization Number (RAN). It is not possible to return an item in exchange for another.

The right to return products shall be deemed correctly exercised once the following conditions have been fully met:

A. The request for a return authorization must be correctly completed and sent to the Vendor within fourteen (14) working days from the delivery date. The communication can be sent, within the same terms or also by registered letter with a return receipt to the Vendor's address (Level Group srl) Piazza Arcole 4, 20143, Milan;

B. The products have not been used, worn, washed, modified or damaged;

C. The identification tag is still attached to the products with the disposable seal;

D. The products are returned in their original packaging;

E. The returned items must be sent to the Vendor in a single shipment. In fact, the Vendor reserves the right not to accept items of the same order, returned and shipped at different times;

If you have fulfilled all requirements set forth above, the Vendor shall refund the entire price for the purchased products. Should you decide to use the courier UPS indicated by theflamel.com in the online Return Authorization Request, you will not have to directly take care of the return shipping costs, which are at your expense. In this case, theflamel.com will pay the return shipping costs for you and will deduct from your refund the cost of return postage. You will be notified if the returned products cannot be accepted. In this case, you may choose to have the products delivered to you at no expense to the Vendor. If you refuse the above delivery, the Vendor reserves the right to retain the products and the amount paid for your purchase of the products.

1. REFUND TIMES AND PROCEDURES

After the Vendor has received the returned products and checked that the products meet all requirements, you will receive an e-mail that the returned products have been accepted. Whatever the form of payment you used (Credit/Debit Card, Cash on Delivery), the refund procedure will start within 30 days from when the Vendor was informed of your decision to exercise your right to return the purchased products and once the Vendor has checked that the return was carried out in compliance with the above conditions. The time period for refunding the amount you paid for purchasing the returned products depends on the payment type used:

A. purchase by Credit/Debit Card: refund time will depend on the Credit Card company’s policies. We would like to assure you, however, that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss,

B. payment made by Cash on Delivery: you will be refunded the amount you paid for the products returned to the Bank account you indicate in the Return Authorization Request; the time needed for refunding depends on the information you provided in your order; normally refunds take place within a month. Please remember it is necessary to have a Bank account in order to receive a refund for cash on delivery orders.

2. IDENTIFICATION TAG

All products sold by the Vendor include an identification tag with a disposable seal. Please try on the products without removing the tag and seal. Returned products without the tag or seal will not be accepted.

Last update: July 2019