General Provisions

general terms and conditions, available in favor of the consumer for reproduction and storage in accordance with Dir. 2011/83/EU – Dir. 2000/31/EC – Reg. 524/2013, have as their object the purchase of products, made at a distance, by means of telematic network, through e-commerce platform https://www.uptirelessly.com. Unless otherwise agreed, no other contractual conditions apply. These general terms and conditions of sale apply to users who fall under the definition of “consumers”, referred to in Dir. 2011/83/EU – Dir. 2000/31/EC – Reg. 524/2013, who make purchases through the e-commerce platform https://www.uptirelessly.com allocating the purchased product exclusively for private use; therefore, DULAC will not follow up on orders from parties other than consumers. For the sake of clarity, a consumer within the meaning of these general conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed either to his or her commercial activity or self-employed professional activity. A professional, on the other hand, is any natural or legal person or a partnership with legal capacity that in concluding legal transactions acts in the performance of its independent professional or commercial activity. Article 1- Definition and acceptance of the general conditions The Company DULÀC FARMACEUTICI 1982 srl (hereinafter referred to as “the Company” or “DULAC”), a private limited liability company under Italian law, having as its registered office Via Albenga, 125 – 10098 – Rivoli – Turin, registered with the Chamber of Commerce of Turin under Turin Rea No. 1185869, p. Iva 11078630016 e-mail: info@uptirelessly.com, is the owner of the e-commerce site located at the electronic address: https://www.uptirelessly.com (hereinafter referred to as the “Site”). The Company conducts a retail business, through the Site connected to the Internet, of products such as dietary supplements and natural foods and devices (hereinafter the “Products”) to consumer customers (hereinafter “the Customers”). The Site makes available free of charge (with the exception of telephone charges for connection to the Site) to consumers certain information on the Products manufactured by the Company or by third parties referenced online in the catalog, and an online ordering and payment system, subject to the Customer’s acceptance of these general terms and conditions of sale (hereinafter the “GTC”). All orders placed through the Site, as well as the related services, are subject without exception to these GTC, which represent the entirety of the commitments existing between the Company and the Customer given his navigation on the site. Each Customer order implies full and complete acceptance, without exception, of these GTC. These GTC must be carefully reviewed by the Customer, prior to the completion of the purchase process. The placing of the order and the subsequent prepayment presuppose full knowledge of them and their full acceptance.

DULAC does not consider itself bound to different conditions, unless agreed in advance in writing.

Article 2 – Products marketed on the Site

The Site is an online sales site for dietary supplements, medical devices and natural foods produced by the Company or by third-party manufacturers. The essential characteristics (qualitative and quantitative) of the Products are described within the Site. The Products are sold new. The Company expressly reserves the right to introduce new Products at any time, to eliminate all or part of the Products sold or presented on the Site, to change their presentation or cease marketing them on its Site, without being obliged to give prior notice or justification to the Customers.

Article 3 – Conclusion of the contract

The object of the contract is the sale of physical products. These terms and conditions of sale constitute an offer to the public, so for the conclusion of the contract, acceptance by the user placing the order and subsequent order confirmation email, from DULAC is necessary. The acceptance is manifested by following the on-screen instructions for the forwarding of the order, through the exact compilation of all the dedicated sections, selecting, finally, the wording “Acceptance Terms of Sale and Privacy Law”. The submission of the order does not bind DULAC, until the latter has responded to you with a confirmation email. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections. DULAC may also follow up the order by concluding behavior, i.e. by shipping the goods. The Customer will be able to check the status of his order, thanks to the tracking system. Depending on availability, DULAC has the right to accept, even partially, or reject the order received. In this case, the contract will be deemed to be completed with respect to the confirmed goods only. DULAC will retain copies of orders received and acceptances sent for a reasonable period of time, in compliance with Applicable Law. The aforementioned documentation will be kept at DULAC’s data server and will be accessible to personnel who need to consult it in connection with their duties, for the proper execution of the contractual conditions. The documentation will, also, be accessible to third parties for the sole purpose of the execution of the purchase contract, in addition to those entitled to access under the Applicable Law, in compliance with the rules protecting Privacy. The user has the right to cancel the order, before it is confirmed by the company and the products sent.

Article 4 – Sale prices and shipping charges

The sale prices of the products on the platform: https://www.uptirelessly.com are expressed in Euro. DULAC may change the prices at any time, however, the goods will be charged to the user based on the prices indicated on the platform: https://www.uptirelessly.com at the time of placing the order and confirmed in the e-mail sent by DULAC as confirmation of the order. The total amount of shipping costs will be made known to the Customer, prior to the order confirmation. Shipping costs are related to weight, bulk, delivery destination and/or any other services required (insurance, delivery times, change of destination address, etc.). In relation to the price of the product, DULAC reserves the right to communicate any errors contained in the product sheet or changes, before confirming the order. In this case, DULAC will promptly inform the user, by sending a specific communication, thus guaranteeing the user the right to cancel the order. If the user decides to follow up the order, he accepts the price as modified. DULAC reserves the right to verify the regularity of advance payments, made by credit card, debit card and bank transfer, before final confirmation of the order. In case of non-payment, DULAC may declare immediately liquid and payable all sums due to obtain payment of product prices.

Article 5 – Methods of Payment

It will be possible to make payment by choosing from the following methods:

– Debit to Credit Card VISA – MASTERCARD – MAESTRO – AMERICAN EXPRESS – POSTE PAY: through the Stripe secure portal;

– Debit on Pay Pal secure circuit;

– Debit on Satispay secure circuit.

Article 6 – Delivery

The order will be delivered to the address indicated in the manner provided in these general terms and conditions. The purchased goods will be delivered within the term indicated or within the terms provided by the applicable Law (30 days). No liability can be attributed to DULAC, for delayed or non-delivery, attributable to force majeure or fortuitous event or the responsibility of the carrier. You may choose another carrier, it being understood that the transport will be at your own risk, care and expense.

Article 7 – Receipt of the product

DULAC recommends a thorough verification of the conformity and integrity of the product, taking into account any type of anomaly that the same may present, at the time of delivery. In fact, upon receipt, the user is required to verify, the conformity of the product delivered to him with respect to the order placed. Only after such verification, and without prejudice to the right of withdrawal, the user must sign the documents of delivery. Acceptance without reservation shall extinguish all liability of DULAC, with respect to any defects. Should the product be damaged, adulterated or modified in its organoleptic composition, DULAC invites the user not to consume or ingest the product itself and to immediately report the damage with an email to info@uptirelessly.com or by contacting the headquarters directly at + 039 0113499130. In case of defect, adulteration or other damage affecting the product, to be reported no later than 10 days after their discovery, DULAC is obliged to return the price of the product, after verification of the same. To this end, the user must return the defective product at his or her own expense, without tampering with it, adulterating it, or replacing it, and without dispersing its contents, in order to allow the manufacturer concerned to carry out all the necessary checks. If the checks are successful, DULAC undertakes to guarantee the return of the price of the product (including shipping costs), which is actually found to be defective or, alternatively, to guarantee the replacement of the product. DULAC shall not be liable for damages caused by the intake of a product that is adulterated or damaged in its organoleptic composition, as a result of the user/customer’s failure to verify it. If the user refuses to receive or fails to receive delivery of the product, in accordance with the provisions of these general conditions of sale, all risks associated with the loss or from damage of the products will still be borne by him. In such event, DULAC may:

– demand immediate and full payment for the products and make delivery by any means deemed appropriate, or deposit the products at the customer’s full risk and expense;

– nonetheless demand payment of all costs of storage and warehousing of the products and any additional expenses incurred due to the refusal or inability to receive delivery;

– cancel the order and dispose of the products, without prejudice to its right to compensation for the damage caused by the user, in addition to the above risks and expenses.

When the delivery of the products takes place in a split manner, each batch of products shall be deemed to refer to a separate and distinct contract; any defect found in one or more batches shall not entitle to terminate the entire order or contract or to cancel the orders relating to each subsequent batch.

Article 8 – Availability of Products

The user may purchase products as per the “online” catalog published www.uptirelessly.com

While DULAC strives to ensure constant availability, it cannot guarantee it, given its role as an intermediary. Where payment has already been made, in the event of unavailability DULAC undertakes to promptly inform the user and refund the price paid, without additional charges, within 30 days. Where the customer is interested in nevertheless follow up on the order, DULAC will communicate the timing of procurement and fulfillment of the order, ensuring maximum speed.

Article 9 – Liability

DULAC assumes no liability for inefficiencies attributable to force majeure such as accidents, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, the execution of the contract, within the agreed time.

DULAC shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the end-consumer user having only the right to a refund of the price paid.

DULAC is not responsible for any fraudulent and illicit use by third parties, of credit cards, checks and other means of payment, at the time of payment itself.

DULAC, in fact, at no time during the purchase procedure is able to know the credit card number, which, by opening a secure connection, is transmitted directly to the manager of the banking service.

Article 10 – Guarantees and service arrangements

DULAC markets high quality products and offers a warranty whose minimum duration depends on the type of product purchased, according to the Applicable Law. All product descriptions, illustrations, depictions, details, dimensions, presentation data and any other information available on the e-commerce platform www.uptirelessly.com are to be understood as illustrations of a general nature of the products and do not in any way represent a guarantee or declaration of conformity of the products with them.

Article 11 – Obligations of the users

The consumer user undertakes to arrange for the printing of these general terms and conditions and to check them periodically by connecting to the e-commerce www.uptirelessly.com. In case of intervening changes, the consumer undertakes to reprint and keep them, as amended. The user declares that he/she is of legal age and possesses the legal capacity necessary to enter into a contract having the force of law between the arts, and that the information provided at the time of placing the order is current, accurate and sufficient for the fulfillment of the order. It is strictly forbidden for the user to enter false and / or invented, and / or fantasy, in the registration process required to activate against him the process for the execution of this contract and its further communications; personal data and email must be exclusively their own real personal data and not of third persons, or fantasy. It is expressly forbidden to make double registrations corresponding to one person or to enter data of third persons.

DULAC reserves the right to prosecute any violation and abuse, in the interest and for the protection of consumers. The user shall hold DULAC harmless from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the customer, the customer being solely responsible for their correct entry.

Article 12 – Right of withdrawal

The consumer, who for whatever reason, is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the term of 14 days from receipt of the product, by sending an email Pec to: dulacfarmaceutici1982@legalmail.it or a registered letter A/R to DULAC FARMACEUTICI 1982 S.R.L. Via Albenga, 125 – 10098 – Rivoli (TO) Italy.

In case of purchase of several units DULAC guarantees the consumer the right of withdrawal and return, even if he has already opened and consumed a single unit. In this case, since it is often a perishable and non-storable product, the withdrawal will be valid only for the units that have remained intact, for which, once returned, according to the methods indicated above, the customer will be refunded the price paid.

In any case, the deadline for return is 10 days from the exercise of the right of withdrawal.

To exercise the right of withdrawal, the product must be returned intact (i.e. not opened, tampered with, adulterated).

DULAC will accept the returned goods, reserving the right to dispute the integrity of the product; within 30 days of the notice of exercise of the right of withdrawal, DULAC will refund the sums paid for the purchase of the product.

The right of withdrawal is excluded in the following cases:

– for products packaged “made to measure” or at the specific request of the customer or, which by their nature, cannot be returned;

– for fresh food products or which by their nature are subject to deterioration in the short term;

– for products returned undamaged, opened, tampered with and adulterated due to fault attributable to the customer.

Article 13 – Returns Management

For return procedures, it is recommended to consult the dedicated “returns” section of www.uptirelessly.com.

The user may activate the return procedure within 14 days of receipt of the product by sending the products to the following address: DULAC FARMACEUTICI 1982 S.R.L. Via Albenga, 125 – 10098 – Rivoli (TO) Italy.

Shipping costs shall be borne by the customer.

Article 14 – Communications

Any communication or notice to DULAC in relation to these conditions shall be made by registered letter with return receipt or PEC mail to the addresses indicated in the contact section. In case of non-Italian Customers, the communication may also be sent by e-mail info@uptirelessly.com . The last address or contact communicated by the user will be considered the address to which the communications prescribed by the Applicable Law must be addressed, with respect to legal proceedings, before the election of domicile with the attorney constituted.

Article 15 – Contract termination and express termination clause.

DULAC shall have the right to terminate the contract entered into by giving simple notice to the user stating the reason; in this case the user shall be entitled only to the return of any sum already paid. The obligations assumed by the user under these contractual conditions, as well as the guarantee of successful payment, have an essential character, so that by express agreement, the non-fulfillment by the user, of only one of the aforementioned obligations, will determine the legal termination of the contract without the need for judicial pronouncement, without prejudice to the right for DULAC, to take legal action for compensation for further damage.

Article 16 – Privacy, Cookies, and Terms of Use of www.uptirelessly.com

For the Privacy Policy, Cookie Policy and conditions of use of www.uptirelessly.com please refer to the appropriate dedicated sections of the Site.

Article 17 – Applicable Law and Jurisdiction

These general terms and conditions are governed by Legislative Decree 206/2005 (Consumer Code), Legislative Decree 70/2003 – implementing European Directive 2001/31/EC – on Electronic Commerce, EU Regulation 679/2016 on Personal Data Protection, Legislative Decree 21/2014 – implementing European Directive 2011/83/EU on Cookie Policy – together with the rules of National and Community law on contracts and any other Applicable Regulation or Law. For any dispute between the parties regarding this contract, the Court in whose district the Consumer is domiciled shall have jurisdiction.

Online dispute resolution for consumers

Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, consumers residing in states belonging to the European Union are hereby informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/

In compliance with the provisions of the aforementioned legislation, we also inform you that the e-mail address of Dulàc Farmaceutici 1982 Srl is dulacfarmaceutici1982@legalmail.it

Final WarningsThe e-commerce platform www.uptirelessly.com DOES NOT CONTAIN MEDICAL ADVICE AND DOES NOT HAVE A SCIENTIFIC DISCLOSURE CHARACTER. All content (news, tips and other) on this site is purely informational in nature and cannot be construed in any way as medical prescriptions nor be substituted for them. DULAC, in fact, reminds that the choice and prescription of the right therapy, as well as a dietary plan, are the sole responsibility of the treating physician or specialist appropriate to the issue that concerns the individual user, who can assess any possible side risks (such as, for example, intoxications, intolerances and allergies). Therefore, DULAC as well as the authors and administrators of the site disclaim any liability for any damages (direct or indirect) or accidents resulting from the use of this information without the necessary medical supervision.CONDITIONS OF USE OF THE SITE WWW.uptirelessly.COMGeneralitiesThe following terms and conditions of use govern access to the website https://www.uptirelessly.com as well as the use of the services and features offered therein, and are assumed to be read and understood by the user.The website https://www.uptirelessly.com is owned by DULÀC FARMACEUTICI 1982 srl, Via Albenga, 125 – 10098 – Rivoli – Torino, E-mail: info@uptirelessly.com – Tel: +39 011 3499130.For assistance and other general information on services provided by https://www.uptirelessly.com, you can contact DULAC at the contact details given in the Contact section of the website. For more information related to the Privacy Policy and Cookie Policy, please refer to the dedicated sections.Changes to these terms and conditionsDULAC may supplement, update, or modify these general conditions of use at any time upon appropriate notice to users. Any new conditions will be binding as soon as they are published on https://www.uptirelessly.com. DULAC encourages users to regularly access the website to check the publication of the most recent and updated General Conditions of Use.LiabilityThe user is solely and exclusively responsible for the incongruous and unlawful use of this website and its contents.DULAC shall not be held responsible for any use of the website https://www.uptirelessly.com contrary to the Law.DULAC shall not be held liable for the unlawful publication of content, added by unauthorized users or parties, without prejudice to its liability for duly proven intent or gross negligence.The user shall be solely responsible for the communication of incorrect, false or related information and data to third parties, without their consent, as well as for the incorrect use of the same.Any liability for damage to computers and networks or loss of data resulting from the downloading or retrieval operations of the contents of https://www.uptirelessly.com, will fall to the user and can not be in any way attributed to DULAC, which disclaims any responsibility for damages resulting from the inaccessibility to the services present on https://www.uptirelessly. com or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers or telephone and/or telematic connections, unauthorized access, alteration of other data, failure and/or malfunction of the user’s own electronic equipment. The user is responsible for the safekeeping and proper use of his or her personal information, including credentials that allow access to restricted services, as well as for any damaging consequence or prejudice that may arise against DULAC or third parties as a result of the incorrect use, loss, theft of such information.Privacy Policy and Cookie PolicyThe user is required to carefully read the Privacy Policy section, which describes the methods and procedures used by DULAC to collect, classify and use users’ personal data, i.e. the purposes thereof. The user is required to carefully read the Cookie Policy section, which describes the cookie policy adopted by the entity in operating the website www.uptirelessly.com Intellectual property rights and how to use the contentThe contents of the website https://www.uptirelessly. com (by way of example only: the images, photographs, drawings, figures, logos and other distinctive signs, dialogues, music, sounds, videos, documents and any other material, in any format, including menus, web pages, graphics, colors, schemes, tools, website design fonts, diagrams, layouts, methods, processes, data bases, functions and software), are protected by copyright and any other intellectual right, according to the Applicable law. DULAC has the exclusive right to authorize or prohibit the reproduction, direct or indirect temporary or permanent, in any manner or form, in whole or in part of the website and its contents. Unauthorized reproduction and dissemination, in whole or in part in any form of https://www.uptirelessly.com of its contents of any kind and nature is prohibited, except with the written consent of the owner. The user is authorized only to view the contents of the website and to perform all those other temporary acts of reproduction, devoid of their own economic significance, which are considered transient and incidental, or an integral and essential part of the same viewing of the website and its contents and all other navigation operations, which are performed only for a legitimate use of https://www.uptirelessly.com and its contents.The user is not authorized to perform any reproduction, in any medium, in whole or in part, of https://www.uptirelessly.com of its contents. The authors of individual works and/or ideas published on https://www.uptirelessly.com have the right to claim authorship of the same at any time and to object to any distortion or other modification of the same, including any other act that damages their reputation. The user, who accesses the website https://www.uptirelessly.com, agrees to respect the copyright with respect to the intellectual works and ingenuity of those who have worked and collaborated with the entity in the creation of the same.Trademarks, patents and domain namesAll trademarks and distinctive signs displayed on https://www.uptirelessly.com for DULAC’s products are duly registered and owned by DULAC. Products and goods protected by industrial patents, owned by DULAC (for goods produced by DULAC), are displayed on https://www.uptirelessly.com. The user is not authorized to use, in any way, these trademarks and/or patents. Any unauthorized and unlawful use of the aforementioned trademarks and patents will result in serious legal consequences. In fact, DULAC reserves the right to take action to protect its industrial property rights, in the forms and forums it deems appropriate.Content specificationsDULAC has taken every precaution to prevent the publication, on https://www.uptirelessly.com, of content that depicts or describes scenes or situations of physical and psychological violence or such that according to the sensibilities of the users may be considered harmful to the civil conventions of human rights and the dignity of persons, in all its forms and expressions. DULAC is committed to taking care of the content of the e-commerce platform so that it does not contain incorrect indications or information. However, DULAC assumes no responsibility for the accuracy and completeness of the content, without prejudice to its own liability for willful misconduct or gross negligence and except as otherwise provided by law. DULAC does not guarantee that the website will operate with absolute continuity, without interruption, and in the absence of errors and malfunctions due to linking. If you experience any problems using https://www.uptirelessly.com, please contact customer service through the e-mail info@uptirelessly.com Although DULAC will attempt to make every effort to ensure continuous access to https://www.uptirelessly.com, the dynamic nature of the Web and its content may not allow it to operate without any suspensions, interruptions or discontinuity due to the need to make updates to the Web site.WARNINGSTHIS SITE DOES NOT CONTAIN MEDICAL ADVICE OR THERAPEUTIC INDICATIONS. All content (news, suggestions, and other) on this site is purely informational in nature and cannot be construed in any way as medical prescriptions nor be substituted for them. DULAC, in fact, reminds that the choice and prescription of the right therapy, as well as a dietary plan, are the exclusive responsibility of the treating physician or specialist appropriate to the issue that concerns the individual user, who can evaluate possible side risks (such as, for example, intoxications, intolerances and allergies). Therefore, DULAC as well as the authors and administrators of the site disclaim any liability for any damages (direct or indirect) or accidents resulting from the use of this information without the necessary medical supervision.