Terms of service
These terms and conditions govern the sale of products on the OverPad.com website and regulate its use. The Seller reserves the right to periodically modify these Terms and Conditions of sale and the Privacy Policy, for example following legislative or regulatory changes or changes to the Site’s functions. Such changes will be notified to Users via the Site with a specific notice and will remain visible for 10 (ten) days from the date of the change. Online sales on the Site are governed by the Consumer Code (Legislative Decree no. 206/2005) and the Electronic Commerce Code (Legislative Decree no. 70/2003). Below are the Terms and Conditions of sale applicable to any Product sold on the Site.
ART. 1 DEFINITIONS
For the purposes of this contract, the following definitions apply:
Seller: PHARMAFLEX S.R.L., Strada Statale 85 Venafrana n. 230, 86079 Venafro (IS), VAT No. 01000390946, email: info@pharmaflex.com
Terms and conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.
Platform or Site: the OverPad.com Site
Users: any person who accesses the Site and continues browsing it
Customer: any person who purchases products sold through the Site.
Consumer: the natural person acting for purposes unrelated to any professional
or business activity.
Professional: the natural or legal person acting in the exercise of their entrepreneurial or commercial activity and who purchases with a VAT number.
Products: retail sales, via Electronic Commerce, mainly of pillows, toppers, orthopedic mattresses and similar items.
Purchase order or Order: the purchase offer made by the User through the Site procedures, in particular via the Cart.
Purchase: the paid purchase of the above products from the date the purchase is concluded.
Cart: the step of the purchase procedure in which the User formulates their purchase offer, selecting payment methods, delivery options and similar choices.
ART. 2 SUBJECT MATTER
These Terms and Conditions of sale concern the products referred to in Article 3 below and apply between the Seller and any User who makes a purchase on the Site either as a Consumer under applicable law or as a Professional. If one provision is found to be null or ineffective, that nullity or ineffectiveness shall not extend to the remaining clauses of these Terms and Conditions.
ART. 3 PRODUCT DESCRIPTION
The Site sells retail products via Electronic Commerce, primarily pillows, toppers and orthopedic mattresses. The Seller offers the option to customize certain products; in such cases it is the Customer’s responsibility to take accurate measurements as returns are not possible for customized items. All products offered are described and illustrated on the Site in their respective sections. Product images on the Site are for demonstrative and illustrative purposes and are shown as accurately as possible. However, some errors, inaccuracies or small differences may occur between the graphic/photographic representation and the actual Product. Product photographs on the Site therefore do not form part of the contract, as they are merely representative. Given this sales method, Users are informed that discrepancies between the Site’s product images and the delivered Products can only be disputed if they are substantial.
ART. 4 PRICES AND ADDITIONAL CHARGES
Product prices are shown in euros. In particular, the cart will detail:
- the Product price;
- the delivery charges.
Online store prices may change. In such cases, the prices published at the time of the Order on the online store will apply.
ART. 5 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
The User may purchase any Products offered on the Site, as described on the product pages, following the Site’s purchase procedures. At the time of purchase the Customer must follow all instructions on the relevant Site page. To buy Products the Customer must complete and send the electronic Order form to the Seller, following the instructions on the relevant Site page. A summary of the main commercial conditions will be shown, including price, payment methods and delivery options, as well as information on the main features of the ordered Products and a link to the Terms and Conditions. The Customer must place the desired Product in the “Cart” and, after reading the Terms and Conditions, with particular reference to delivery contributions, the exercise of the right of withdrawal, and the Privacy Policy, select the desired payment method and proceed with payment.
The Terms and Conditions in force at the time of the Order and available on the Site apply. The contract between the Seller and the Customer is concluded with the Seller’s acceptance of the Order. Order acceptance will be communicated by email to the address provided by the Customer. The Seller reserves the right to assess acceptance of received orders and may refuse or not process orders that are incomplete or incorrect, in case of Product unavailability, or if delivery would be to certain hard-to-reach areas. The Seller will inform the Customer of any inability to accept orders as soon as possible from the time the Customer sent the Order and will refund any amounts already paid. The Customer has no right to claim damages or compensation, nor any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the Seller’s partial or total non-acceptance of an Order.
ART. 6 PAYMENT METHODS
The payment methods available on the Site are:
1) PayPal
If the Customer chooses to pay via PayPal, at payment time their browser will be redirected to a secure server page with SSL encryption where they can enter their username and password or create a new account quickly and easily.
2) Soisy and Klarna
The Customer may choose to pay in installments using Soisy and Klarna according to their respective terms.
3) Cash on delivery
The Customer can pay by cash on delivery for orders up to €300, excluding mattresses. This payment method may include an additional fee indicated by the Seller. At delivery the Customer will pay the order total in cash directly to the courier.
ART. 7 SHIPPING TIMES AND DELIVERY
Processing times are approximately 5–6 working days from receipt of the order. For customized products the time is at least 10 working days. The Seller will deliver purchased Products using specialized carriers with standard service, Monday to Friday, excluding holidays and national holidays. Products shipped within Italy are typically delivered within 3–5 working days, and within 7 working days to remote areas and islands. When the package is shipped, a Tracking number will be emailed so the shipment can be tracked on the carrier’s Site. At delivery, the Customer acknowledges and accepts that they or a person explicitly authorized by them must be present, releasing the Seller from any liability. The Customer must check that packaging is intact and clean and that the received Products match the order. If a product arrives damaged or different from the one ordered, the Customer must carefully document it with photographs to prove any damage. The Customer may request a replacement by email and the Seller will send the correct product and collect the product to be replaced at the Customer’s address at the Seller’s expense. The Customer only needs to prepare the item for pickup, carefully packed in the bag provided by the Seller and complete with all parts, including the transport documents. In any case the Seller will contact the Customer as soon as possible to inform them of replacement timing.
ART. 8 RIGHT OF WITHDRAWAL
All purchases made by a Consumer Customer on the Site are covered by the right of withdrawal, which allows returning the purchased product for any reason and obtaining a refund within 14 days.
To exercise this right within 14 working days from the delivery date it is sufficient to notify the Seller of the intention to withdraw in whole or in part by any explicit statement by email. Within the same term the Customer must return the product, using a shipping method of their choice, in its original packaging, intact and in perfect condition, complete with all parts, and carefully packed to the Seller’s address. For mattresses the Seller will arrange collection and the Customer must use the specific bag delivered at the time of receipt. Cash-on-delivery packages will not be accepted. The only costs required for returns, except for mattresses, are those related to returning the product.
Upon receipt and verification of the returned Product’s integrity, the Seller will refund the product cost within no more than 14 days. Return shipping costs are excluded from the refund.
Except as stated above, the Customer is responsible for any reduction in the Product’s value resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The Customer expressly acknowledges and agrees that:
- the right of withdrawal does not apply to products received more than 15 working days ago (in which case the return will be refused).
- the right of withdrawal cannot be exercised if the purchased products have been used or even partially assembled.
- the right of withdrawal is excluded for custom-made or personalized products ordered by the Customer.
- the right of withdrawal is excluded for sealed products that cannot be returned for hygiene or health protection reasons once opened after delivery.
The right of withdrawal is recognized under the same terms and conditions also for Professional Customers (purchase with VAT number).
ART. 9 STATUTORY WARRANTY
The Consumer Customer is entitled to the 24-month statutory warranty under Legislative Decree 206/2005 and subsequent amendments. If Products received are non-conforming or defective, the Customer must notify the Seller by email at support@ pharmaflex.com, attaching any photographs and details. To use the warranty, proof of purchase must be provided.
In case of non-conformity the consumer is entitled to:
- restoration of conformity,
- or proportional price reduction,
- or contract termination.
For restoration of conformity, the consumer can choose between repair and replacement, provided the chosen remedy is not impossible or excessively costly for the seller, taking into account:
- the value of the good without the defect,
- the severity of the defect,
- the feasibility of the alternative remedy without causing inconvenience to the consumer.
The consumer is entitled to a proportional price reduction or contract termination:
- if the seller has not repaired or replaced the good,
- if a non-conformity appears despite attempts to restore the good,
- if the non-conformity is so serious as to justify price reduction or termination,
- if the seller has declared or it reasonably appears they will not restore conformity within a reasonable time.
The consumer does not have the right to terminate the contract if the non-conformity is minor; the seller must prove this.
The consumer is entitled to a price reduction proportional to the diminished value of the good.
To terminate the contract the consumer must make a direct declaration to the seller. If the non-conformity affects only some of the delivered goods, the contract may be terminated only for those goods. In case of termination, the consumer:
- must return the good to the seller at the seller’s expense,
- the seller refunds the price paid upon receipt of the good or upon receiving proof from the consumer that the good has been returned or shipped.
If the Customer is a Professional, they are not entitled to the statutory warranty of conformity but only to the warranty provided by the Civil Code; therefore, in case of defects that make the Products unsuitable for use or significantly reduce their value, they may request a price reduction or contract termination as provided by the Civil Code and must notify the Seller of the defect within 8 (eight) days of discovery, and in any case within 1 (one) year of delivery.
To exercise the statutory warranty on mattresses, note the following:
General Warnings
- On delivery check the integrity of the item. In case of damage (seams, material leakage) report it immediately to Customer Support contacts.
- Consult this manual before use.
- No modifications to the product are allowed.
- In case of an incident involving the product, report it promptly to the manufacturer and the competent authority.
- No contraindications have been found except in cases of proven sensitivity to the component materials. Although the product is indicated to help prevent pressure sores, it cannot control all the factors that may cause them.
Washing and Ironing Instructions
Cover care instructions
Washing:
- maximum washing temperature 30°;
- normal mechanical action, rinsing and spinning;
- do not use chlorine bleach.
Ironing:
- maximum soleplate temperature: 150°C, use a damp cloth;
- dry-clean with hydrocarbons and trifluorotrichloroethane using normal procedures;
- do not tumble dry.
The padding MUST NOT be washed,
NO ironing or rinsing is allowed.
Use and Maintenance Rules
The mattress is the “place” where we spend on average 1/3 of our life—not only to sleep but to rest—and therefore it is essential that it supports restful sleep. By choosing between spring, latex or Memory Foam mattresses, the Customer adapts the product to their needs for maximum comfort and natural support. Sometimes a period of adjustment is needed for a new mattress, ranging from a few days to several weeks, after which the product may settle slightly and perfectly conform to the body. To preserve your OverPad mattress, follow some simple rules and small precautions that maintain its quality and comfort over time. Failure to observe use and maintenance rules voids the warranty, so it is essential to read the following instructions carefully:
To Observe:
- Use the product only for its intended purpose.
- Protect the mattress with suitable mattress covers and top sheets to prevent stains and improve hygiene.
- To remove moisture, ventilate the bedroom and the mattress without covers at least once a week.
- Dust removal must be done with low-power vacuum cleaners or gentle brushing movements.
To Avoid
- Do not jump or stand on the mattress to avoid damage to the structure and padding.
- The product is not intended for outdoor use.
- Do not place rigid elements between the frame and the mattress.
- Avoid moisture buildup and consequent mold formation.
- Avoid liquids penetrating the mattress.
Warranty Rules
OverPad guarantees free replacement of the product or its components if defective in manufacturing or material, but not for accidental damage or failure to follow the use and maintenance rules indicated in this Warranty Certificate. Therefore, the following cases void the warranty and the manufacturer is exempt from any liability for damage to property, animals or persons:
- Failure to observe use and maintenance rules.
- Use not in accordance with the intended purpose.
- Modification or alteration of the product or its components.
- Damage due to normal wear and tear.
- Damage caused by external agents (fire, water, steam, etc.).
- Anomalies, imperfections or defects caused by the end user such as cuts, tears, seam openings, holes or stains on the fabric.
- Incorrect handling or excessive overload.
- Repairs carried out by the Customer or third parties.
- Poor hygiene or poor condition of the product (presence of organic liquids in compliance with Legislative Decree 626/94 for worker health protection).
- The warranty does not cover replacement of handles and quilting.
- Tolerances defined as conforming to the standard:
- Depressions ≤ 10 mm + 5% of the original mattress height.
- Measurement tolerance of +/-2 cm.
- Any odors emitted by a newly purchased mattress.
- Light surface marks due to normal wear.
This warranty is valid for 10 years from the mattress purchase date. To activate the warranty the customer must report defects in writing, precisely and promptly by registered mail with return receipt, accompanied by photographic documentation proving the non-conformity. OverPad will provide free replacement of the product only after verification by an authorized representative of the actual defects claimed and documented. The product must be returned in the same condition it was received, except for routine inspection. The mattress is guaranteed for three years under the terms indicated in this warranty certificate.
Disposal Instructions
For disposal and recycling of the retired mattress, its components and packaging materials, use the public systems responsible for bulky waste collection and management.
ART. 10 “SATISFIED OR REFUNDED” CLAUSE
If the Customer is not satisfied with purchased pillows and/or toppers, within 30 days of delivery they can request a refund by emailing: support@pharmaflex.com.
If the Customer is not satisfied with a purchased mattress and it is not customized, they can request a refund within 90 days of delivery by emailing: support@pharmaflex.com. After receiving the Customer’s request, the Seller will collect the product from the Customer’s home at the Seller’s expense. The Customer must only prepare the item for collection, carefully packed and complete with all parts, including transport documents. The refund will be made using the same payment method chosen by the Customer.
ART. 11 FORCE MAJEURE
The Seller assumes no liability for disruptions due to force majeure that prevent, in whole or in part, performance of the contract within the agreed times. The Seller is not liable to Customers for any damages, losses or costs incurred as a result of non-performance or delayed performance of the contract, the Customer being entitled only to a refund of the purchase price paid.
The Seller is not responsible for damages resulting from disconnections, Site interruptions, or loss of data attributable to it.
In case of force majeure, Order execution will be suspended. This suspension may last up to 3 (three) months, after which the Parties may decide whether to continue or cancel the Order.
ART. 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), the trademark, the domain name, related subdomains and all related intellectual and industrial property rights are the exclusive property of the Seller, reserved to the Seller and will not be transferred or licensed to the Customer in any case. Therefore, the User or Customer may not reproduce, duplicate, copy, redistribute, retransmit (including to other websites), transfer or otherwise make the Site or the Site Content available to third parties for any purpose other than storage and/or consultation, without the Seller’s prior express written consent.
ART. 13 FAILURE TO EXERCISE A RIGHT
Failure by the Seller to exercise a right does not constitute a waiver to act against the Customer or third parties for breach of obligations. The Seller reserves the right to enforce its rights at any time within the applicable limits.
ART. 14 PROCESSING OF PERSONAL DATA (PRIVACY)
Personal Data provided or collected will be processed according to principles of fairness, lawfulness, transparency and confidentiality protection under applicable law. The Seller, as Data Controller, processes Users’ Personal Data adopting appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. Processing is carried out using IT and/or telematic tools with organizational methods and logic strictly related to the purposes indicated. User Data are collected to carry out pre-contractual measures; to fulfill contractual obligations; for the registration procedure for purchasing Products; to follow up specific requests made to the Controller by the User; to send information and promotional and commercial offers also via newsletter service based on the User’s freely given consent; and for soft-spam purposes for promotional communications related to purchased Products without requiring the User’s prior express consent, as provided by art. 130, paragraph 4 of the Privacy Code as amended by Legislative Decree no. 101 of 2018. Customers are therefore invited to carefully read the personal data processing information (Privacy Policy) provided pursuant to EU Regulation 679/2016, and the cookie usage and consent information where required (Cookie Policy).
ART. 15 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed entirely by Italian law.
Any dispute regarding the validity, interpretation, performance or termination of contracts entered into online by a Consumer Customer with the Seller shall be subject to the exclusive jurisdiction of the court of the Consumer’s place of residence (the so-called consumer forum).
Any dispute regarding the validity, interpretation, performance or termination of contracts entered into online by a Professional Customer with the Seller shall be subject to the exclusive jurisdiction of the Court of Isernia.
ART. 16 DISPUTE RESOLUTION
Pursuant to article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code), the Consumer Customer may use the Paritarian Conciliation (ADR) procedure.
Pursuant to art. 14 of Regulation 524/2013, in case of dispute the Consumer Customer may submit a complaint via the EU ODR platform. For more information contact the Seller.
ART. 17 COMMUNICATIONS
For any further information, contact the Seller at: support@pharmaflex.com
Pursuant to articles 1341 and 1342 of the Civil Code, the Customer declares that they have read carefully and accept all clauses of these Terms and Conditions of sale, in particular those in Articles 3, 8, 9, 10, 11 and 15