Terms & Conditions of sale
Terms and conditions of sale. These terms and conditions of sale refer to the combined provision of Legislative Decree no. 206/05: the so-called “Consumer Code”
1. DEFINITIONS. For the purposes of this remote sales contract, under the Consumer Code, the following definitions shall apply: the term “consumer” or “user” refers to the natural person who acts for purposes not connected with any entrepreneurial, commercial, artisan or professional activity performed.
The term “professional”, in other words the legal entity performing its entrepreneurial, commercial and professional activity: FERMOEDITORE – SO.PE.TI. srl with head offices in Parma, Via Cairoli 15 – VAT reg. code 00069500452
2. PRODUCT CHARACTERISTICS. The essential characteristics of the product dealt with in this contract are described in detail and illustrated in the electronic catalogue in this website.
3. RETAIL PRICE. All the retail prices of the products indicated in the electronic online catalogue are inclusive of VAT. For payment terms, refer to the section Payment methods.
4. VALIDITY OF OFFER AND PRICE. The price indicated in the on line catalogue is valid until 31/12/2011.
5. COSTS OF DELIVERY. The cost of delivery of the goods, usually via courier, are excluded from the price indicated in the catalogue and will be added time by time as indicated in the order form. Delivery charges are to be paid in advance by PayPal together with the price of the goods.
6. EXECUTION OF THE CONTRACT, METHOD OF PAYMENT AND DELIVERY OF GOODS. Payment is to be made exclusively through PayPal at the time you submit your order. The goods will be shipped within 7 days starting from the day following the date on which the consumer transmits the order. At the time of shipment, the customer will receive an email confirming shipment. Should Fermoeditore fail to send the goods requested due to non-availability (even temporary), within 30 days, the consumer will receive notification of the impossibility to carry out the shipment and reimbursement of the costs paid in advance.
7. CONCLUSION OF CONTRACT. The contract shall be regarded as concluded the moment in which the consumer has carried out the following operations:
a) Compilation of the digital information sheet describing his identification details;
b) Selection of payment method;
c) Final submission by clicking the send button, which automatically implies acceptance of the terms and conditions of sale and submission of the order to Fermoeditore. Once the on line purchasing procedure has been completed, to meet the requirements of articles 52 and 53 of Legislative Decree no. 206/05, the consumer undertakes and is obligated to print out and keep a copy of these terms and conditions of sale, having examined the same as an obligatory part of the purchasing procedure, and the specifications of the product purchased.?When the order has been received, the consumer shall receive an order confirmation by email. The order thus concluded shall be stored in the computer database of the publisher which can be accessed by the consumer by sending a justified request directly to the publisher.
8. ORDER CANCELLATION. Should the consumer decide to cancel the order submitted, he must cancel the products ordered either directly from the page “your orders” within 24 hours of order submission, or by notifying the editor by telegram to the head offices of the editor, by fax to the number 0521.499256 or by email to the address email@example.com, within 24 hours of submitting the order as indicated above. In such an event, he must clearly write “cancellation of order dated …” and indicate his personal data previously sent with the order being cancelled.
9. LIABILITY. The supplier shall not accept any liability for lack of services attributable to force majeure such as accidents, explosions, fires, riots, strikes and/or lock-outs, earthquakes, floods, damage to computer systems, system blackouts and other similar events which might make it impossible, fully or in part, to fulfil his obligations within the terms agreed in the contract. The supplier shall not be held responsible for any damages, losses and/or costs incurred due to the non-fulfilment of the contract for the above mentioned causes, the consumer being entitled to reimbursement for the price paid only. Likewise, the supplier shall not be responsible for any fraudulent or unlawful use of credit cards, cheques and other methods of payment. The supplier is not, in fact, able to recognize the credit card number of the consumer at any time during the purchase procedure as this is transmitted directly to the Bank in charge of the service via secure connection.
10. CONSUMER DATA. The consumer is prohibited from entering data which is false, invented and/or made up, in the registration process necessary to activate the procedure for the consumer for execution of this contract and relative further communications; all personal data and email address must regard the consumer concerned exclusively and not any third parties, either real or invented. The editor reserves the right to take legal action in the case of any breach or abuse in the interest and for the protection of all consumers. The address for service chosen by the consumer shall be the place indicated in the digital information file. By personally entering his telephone and fax numbers and e-mail address, the consumer consents to use of these communication systems by the editor. A contract stipulated by a party who is under age will be regarded as invalid.
11. PROVISION AND PROCESSING OF PERSONAL DATA. Personal data is collected for the purpose of registering the consumer and activating the procedures for the latter for the execution of this contract and any relative notifications required; such data is processed by electronic means in compliance with the laws in force and may be exhibited only upon the request of the judicial authority, or of other bodies authorized by law to do so. Personal data will be passed on to persons assigned with the task of carrying out the activities necessary to execute the contract stipulated, and will be circulated exclusively to the extent necessary for this purpose.
Once the consumer has provided his data, the consumer shall enjoy the rights referred to in art. 7 Legislative Decree 196/03, in other words he may: find out, by accessing the register free of charge, whether or not the data which might concern him has been processed; how such data has been processed; obtain the update, correction and integration of such data; request the data to be cancelled, converted to an anonymous form or blocked in the case of unlawful processing thereof, and request certification that such operations have been made aware to those subjects to whom the data has been passed on or circulated; oppose processing of such data for lawful causes or if the data has been used for sending advertising material, commercial information, market research documents, direct sales material and interactive commercial messages. He also has the right to be informed, no later than the date on which the data is passed on and circulated, of the possibility to exercise said right free of charge. The data controller in charge of collecting personal data is Fermoeditore, with head offices in Via Cairoli 15, 43121 Parma.
Purpose of data processing. The data referred to the person concerned is collected and processed for the purpose of allowing Fermoeditore to carry out and execute the sale of its volumes. Data processing method. Personal data which is sent via Internet will be collected exclusively in a database managed by Fermoeditore, always in compliance with the rules regarding confidentiality and security provided for by the law.
Data processors. The data may be processed on behalf of Fermoeditore by the data processor or by professionals, who perform specific computing services or activities which are complementary to those of the publisher, in other words which are necessary for the fulfilment of the operations and services required. Data will not be revealed under any circumstances.
Provision of data. The consumer may decide to provide his data to Fermoeditore at his own discretion, in the knowledge that such data is necessary in order to conclude and fulfil the sales contract.
13. WITHDRAWAL RIGHTS. The consumer has the right to withdraw from the contract without any penalties and without specifying the reason, within ten working days, by returning the goods purchased together with a written notification of withdrawal, by recommended mail with return receipt, to the registered office of FERMOEDITORE – SO.PE.TI. srl in via Cairoli 15, 43121 Parma. Said notification may also be sent within said period by telegram, e-mail to the address firstname.lastname@example.org or by fax to the number 0521.499246, on condition that it is confirmed by recommended letter with return receipt within the following forty-eight hours. The recommended letter and the goods being returned will be regarded as having been sent within good time if they are handed to the accepting post office within said period. Upon receipt of said recommended letter, the parties shall be freed from their respective obligations, except for the return of any documents pertaining to their obligations which have been fully or partially fulfilled. The period of ten days shall begin on the date on which the consumer has received the goods. If the returned goods are damaged in any way, the right of withdrawal shall be invalid.
If the right of withdrawal has been exercised by the consumer in compliance with the above indications, Fermoeditore will re-accredit the consumer’s account with the amounts paid, except for the costs for returning the goods, within 30 (thirty) days starting from the date on which the editor is informed that the consumer has exercised the right of withdrawal. The amounts shall be regarded as having been reimbursed in a timely manner if they are re-accredited or sent with value date not exceeding the expiry of 30 days.
14. COMPLAINTS. Any complaints must be sent to the registered office of Fermoeditore – SO.PE.TI. srl in Via Cairoli 15, 43121 Parma.
15. TERMINATION OF CONTRACT. Pursuant to the relative provision in article 1456 of the Italian Civil Code, the publisher is expressly entitled to terminate the contract in the partial or total default on payment. If the publisher wishes to take advantage of said provision, he must notify the consumer accordingly. In such an event, the contract will be deemed to have been legally rescinded without the need for judgment, without prejudice to the right of the publisher to take legal action for reimbursement of any further damages. The consumer shall be entitled to the reimbursement of any money already paid and the publisher shall be entitled to the return of any goods already shipped.