1. Validity and scope
1.1 These General Conditions of Sale govern the sale of Products, through the website www.ilmondodifio.it by “Il Mondo di Fio di Mutti Fiorella” (hereinafter the Company) with registered office in Flero (BS) Via Colomberino 24 L Tax Code MTTFLL47R51G359J and VAT number 9439749080, registered in the BRESCIA Business Register with no. BS – 611670.
All capitalized terms shall have the meaning set forth in art. 13 below
1.2 The General Conditions of Sale apply exclusively to Products marketed directly by the Company through the Website to its Users, better identified as below in the definitions – the Company is not responsible for the provision of services and/or for the sale of products by subjects present on the Website through links, banners or other hyperlinks. The Company is not responsible for the provision of services and/or for the sale of products by such subjects, nor does it carry out any control and/or monitoring on the websites that can be consulted through such links. Therefore, the Company is not responsible for the contents of such websites, nor for any errors and/or omissions and/or violations of the law by them.
1.3 The Products distributed by the Company through the Website consist, in particular, of books.
1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order by the User and are available in Italian. The Company reserves the right to change the General Conditions of Sale at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Website in the “General Conditions of Sale” section with indication of the version and date of update. Users are therefore invited to regularly consult the dedicated section.
2.1 The offer and sale of the Products through the Website constitute a distance contract governed by Legislative Decree April 9, 2003, no. 70, containing the regulation on electronic commerce and, for Users who are consumers, by articles 45 et seq. of Legislative Decree no. 206 of 6 September 2005 and subsequent amendments (“Consumer Code”).
2.2 In order to place an order for a Product or Digital Content, you must read, carefully examine and understand these General Conditions of Sale which are made available and downloadable at the following link. With the sending of the order, the GCS are considered read and accepted.
2.3 The language available to Users for the conclusion of the contract is Italian. Customer Service is able to communicate with Users in the same language.
3. Purchase through the Website
3.1 The purchase of the Products through the Website is allowed only to Users who are consumers pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, provided that they have reached the age of 18. In order to verify the existence of the minimum age required by law, the Company reserves the right to request the tax code or other identification document. If it is found that the User is under 18 years of age, the continuation of the purchase process and the forwarding of the related order will be inhibited. In any case, if for any reason, even of a technical nature, the purchase order should still be sent, it will be immediately terminated pursuant to art. 1456 of the Italian Civil Code, pending its opposition to the GCS and/or current legislation. The User will be promptly informed by e-mail of the cancellation of the order and, where the payment has already been made, the Company will refund the Total Amount Due, consisting of the purchase price of the Product, the shipping costs, if applied, and any other additional costs, as indicated in the order form, in the manner and time indicated in relation to the specific payment method used.
3.2 The purchase of the Products is permitted only to the User who has a User Account. Creating a User Account is free. It is done by registering on the Website.
3.3 To create a User Account by registering on the Website, the User must fill in the appropriate registration FORM, entering the data required and click on the “Register” button.
3.4 The creation of a User Account and the free and voluntary request for Registration to the Website, allows the User to carry out through the Website, among other things, the following activities:
- (i) saving and modifying your personal data;
- (ii) access to all pre-contractual information;
- (iii) managing your personal data and updating your data at any time;
- (iv) purchase of Products
3.5 By creating a User Account and voluntarily Registering on the Website, or making purchases through the Shop section of the Website, the User expressly and freely requests the Company, which accepts, the following Services:
- receive communications and news relating to the sectors in which the Company operates;
- receive communications aimed at the promotion and/or direct sale of the Company’s products and available on the Website at the email coordinates indicated on such occasions (so-called “soft spamming”), without prejudice to the User’s right to object at any time in the manner indicated at the bottom of the communication or by contacting the Customer Service;
3.6 The registration credentials (email address and password) must be kept with extreme care and attention by the User. They may be used only by the user and must not be shared with third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and also undertakes to immediately inform the Company, by contacting it at the Customer Service email address, i.e. firstname.lastname@example.org, in the event that he suspects or becomes aware of improper and/or fraudulent use and/or improper disclosure of the same.
3.7 The User guarantees that the personal data provided during the process of creating the User Account, during the Registration to the Website and/or during the conclusion of an order by a Guest User, are complete and truthful and undertakes to hold the Company harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way related to the violation by the User of the rules regarding registration to the Website and/or the retention of registration credentials.
3.8 The Company reserves the right to refuse or cancel orders that come from
- (i) a User with whom it has a legal dispute;
- (ii) a User who has previously violated these GCS and/or the conditions and/or terms of the purchase contract with the Company;
- (iii) a User who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card or other payment instruments;
- (iv) Users who have issued false, incomplete or otherwise inaccurate or invalid identification data.
4. Agreement between the Company and the User
4.1 In accordance with Legislative Decree April 9, 2003, no. 70 regarding electronic commerce, the Company informs that:
4.1.1 to conclude the contract for the purchase of one or more Products through the Website, the User must complete an order in electronic format and send it to the Company, electronically, following the instructions that will appear from time to time on the Website;
4.1.2 before proceeding with the transmission of the order, the User may identify and correct any data entry errors by following the instructions on the Website or modify the order;
4.1.3 once the order has been registered, the Company will send the User, to the email address indicated, the order confirmation containing: a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the Product purchased, a detailed indication of the price, the means of payment used, the delivery costs and any additional costs, as well as information on the right of withdrawal. Upon receipt of the order confirmation email, the contract will therefore be considered finalised;
4.1.4 the order will be stored in the Company’s database for the time necessary for its execution and, in any case, within the terms of the law; the essential elements of the order will be reported in the order confirmation.
5. Product availability
5.1 The Products offered on the Website are those illustrated on the homepage of the Website and/or within the various web pages of the same at the time of placing the order by the User.
5.2 The Product Sheet contains information relating to each Product.
6. Product information
6.1 Each Product is accompanied by the relevant Product Sheet. The images and descriptions present on the Website reproduce the characteristics of the Products as closely as possible. However, the colors, sizes and other characteristics of the Products may differ from the actual ones due to the settings of the computer systems or computers used by Users to view them. Therefore, these images must be understood as illustrative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order confirmation will be authentic.
7.1 The prices of the Products are expressed in Euro and are inclusive of Value Added Tax and, where applicable.
7.2 The company reserves the right to change the price of the Products, at any time, without notice, provided that the price charged to the User will be that indicated at the time of placing the order and that no account will be taken of any changes subsequent to the transmission of the same, except in cases where the prices indicated are disproportionately incompatible with the normal market price of said Product due to obvious material errors.
7.3 In the event that a Product is offered at a discounted price, the Product Sheet will indicate (i) the full reference price with respect to which the discount is calculated (ii) the percentage of discount applied and(iii) the discounted price obtained. It is understood that the full reference price is the price at which the Product was previously offered for sale on the Website.
7.4 With reference to the Products offered for sale on the Website, the full reference price refers to the cover price set by the publisher including value added tax.
8. Payment methods
8.1 Payment for Products purchased on the Website may be made by bank transfer or by credit card (via PayPal) and specifically for credit cards only whose logo is published on the Website. At the time of placing the order, no amount will be charged. The Company will require the issuing bank to pre-authorise the Total Amount Due when all Products are available for sale. Following the pre-authorisation, the amount is bound on the User’s card, but not yet handled and paid to the Company.
8.2 The Company will ship the Products only after receiving confirmation of the successful payment of the Total Amount Due. In the event that the pre-authorization is unsuccessful, the Company will not ship and will send an email to the User, informing them that the authorization request on the credit card has not been successful. The User must, therefore, place a new order verifying that the data entered are correct.
8.3 Where the order has been successful, i.e. the pre-authorisation has been successful, the Company will send the User an email confirming the shipment of the order. In this case, the delivery time will always refer to the successful completion of the payment.
8.4 In order to ensure the security of the payments made on the Website and to prevent any fraud, the Company reserves the right to ask the User, by e-mail, to send, by the same means, a double-sided copy of their identity card and, in the event that the order holder is different from the card holder, of the latter’s identity card. The document must be valid. The deadline by which the document must be received will be specified in the request email. This period will not, in any case, exceed 5 working days from receipt of the request by the User. Pending the requested document, the order will be put on hold. In the event that the Company does not receive such documents within the term specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to art. 1456 of the Italian Civil Code and the order consequently cancelled, without prejudice to the right of the Company to compensation for any damage that the same may incur due to the non-compliant behaviour of the User. The termination of the contract, of which the User will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the required documents, will result in the cancellation of the order, with consequent reimbursement of the Total Amount Due and the application, as far as compatible, of art. 5.3 above. In the event of receipt by the Company of valid documentation within the term indicated in the email referred to in the preceding paragraph, the delivery terms applicable to the Product will start from the date of receipt of the same. The Company uses the secure payment service of Credito Cooperativo di Brescia “BCCBrescia” belonging to the Cassa Centrale Banca Cooperative Banking Group, which provides for the use of the TLS security protocol. The confidential credit card data (card number, cardholder, expiry date, security code) is encrypted and transmitted directly to the payment manager, who is solely responsible for it. The Company does not store the data of the credit card used by the User for the payment of the Products, without prejudice to the last four digits of the credit card used and the expiration date of the same.
9. Delivery of products
9.1 Home Delivery is carried out both in Italy and abroad only by means of a carrier, which may differ according to the state of destination, according to the methods and costs indicated on the Delivery page.
9.2 The delivery obligation is fulfilled by transferring material availability or in any case control of the Products to the User. The delivery is on the street level and will be carried out, unless otherwise indicated, from Monday to Friday during normal office hours (in force in the country of destination), excluding Italian and the state of destination national holidays. Without prejudice to specific requests that the User may formulate and/or agree directly with the carrier and for which the Company declines all responsibility, among other things, for compliance, the successful completion of the delivery, costs and any losses of any kind directly and/or indirectly related to the agreements made directly between the User and the carrier.
9.3 The User acknowledges that the withdrawal of the Product is a precise obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order, the courier will leave a delivery notice in the mailbox. The courier will be able to make a second delivery attempt. If the second attempt is also unsuccessful, the package will be deposited “in stock” at the courier. The User is required to collect the Product within 7 calendar days from the delivery notice, or in the different period indicated therein by the courier. After the days of storage, the Product will be returned to the Company. The purchase contract will be considered terminated by right and the Company will proceed with the reimbursement of the Total Amount Due net of the costs of shipping and returning the Product, as provided for by these GCS.
9.4 Those who have not collected the package more than twice for different orders may not make purchases on the Website. In the event that such subjects place orders in violation of this prohibition, the purchase contract may be considered terminated by law pursuant to art. 1456 of the Italian Civil Code. Termination of the contract will be communicated to the User via email and the Total Amount Due will be returned to the User.
9.5 It is up to the User to verify the conditions of the Product that has been delivered to him. The risk of loss or damage to the Products, for reasons not attributable to the Company, is transferred to the User when the Products (or a third party designated by the same and other than the carrier) materially enters into possession of the Products, unless the loss or damage is due to wilful misconduct or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery, provided that – in the latter case – the damage is reported as soon as known and no later than 8 days after receipt at the PEC address of the company from the public registers, or by RR at the company’s headquarters, anticipating a copy of the RR by email to the Customer Service. In the event that the packaging shows obvious signs of tampering or alteration, the User is also recommended to accept with reservation the delivery of the Product by the courier and to give immediate notice to the Customer Service. The complaint of the damage and/or the conditions of the product subject to dispute by the User must be accompanied by photographs and/or videos of the packaging and the product in which the carrier and/or shipping codes are visible.
10. Right of withdrawal
10.1 The User who is a consumer has the right to withdraw from the contract for the purchase of the Product without having to provide any reason and without having to bear costs other than those provided for in art. 10.4 and 10.6 below, within the period of 14 calendar days and after notifying the Company of the intention to withdraw. The Withdrawal Period expires 14 days after the day of completion of the order;
The withdrawal applies to the Product in its entirety and cannot, therefore, be exercised in relation to individual parts and/or accessories thereof.
10.2 The User must submit a Declaration of Withdrawal to the PEC address of the company present in the public registers. In countries where the PEC is not required, the Declaration of Withdrawal must be submitted by RR (at the registered office of the Company) and in advance to the Customer Service email. Both email and PEC addresses are also present in the footer of the Website.
10.3 The Declaration of Withdrawal must contain the following indications:
- order number
- your delivery address
- your email and/or contact address
The burden of proof on the correct exercise of the right of withdrawal falls on the User, therefore, it is recommended to follow the instructions in this chapter.
10.4 The User returns the Product to the Company, using a carrier of his/her own choice, the costs of which are the sole responsibility of the User, immediately and without undue delay and in any case within 5 calendar days of the notice of withdrawal. The Product, suitably packaged, must be shipped to the following address: Flero (BS) Via Colomberino 24 L. The products can only be returned if not used and/or wrapped in protective plastic, in the condition in which they were delivered. The Company reserves the right to verify the conditions of the returned Product, before proceeding to the refund of the Total Amount Due.
10.5 The Company will refund the Total Amount Due, excluding delivery costs where the Company has already instructed the Carrier to deliver the Product to the User, within 5 working days from the day on which the Company has received the return of the Product – if the order has already been shipped to the User – or within 5 working days from the communication of the User’s decision to withdraw if the order has not yet been shipped to the User. The refund will be made using the same payment method used by the User for the initial transaction, unless this method is no longer active. In this case, the User will be responsible for indicating another method of refund.
10.6 The User is responsible for the decrease in the value of the goods resulting from a handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. The Product must be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with labels – where present – still attached, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Otherwise, the refund will be reduced by an amount equal to the decrease in value resulting from incorrect handling of the Product. The Company, within 5 working days of receipt of the Product, will inform the User of this circumstance and the consequent decrease in the amount reimbursed, indicating to the User, in the event that the refund has already been paid, the bank details for the payment of the amount due by the User due to the decrease in value of the Product.
10.7 The right of withdrawal is excluded for all the cases referred to in art. 59 of the Consumer Code and, in particular, the following categories of Products: tailor-made or custom-made products; sealed products that are not suitable for return for hygienic reasons or related to health protection that have been opened after delivery (for example, cosmetic products); products that risk deteriorating or expiring quickly.
11. Legal guarantee of conformity
11.1 All Products offered through the Website to the User – who is a consumer in accordance with the Consumer Code – are covered by the legal guarantee of conformity provided for by Articles 141 et seq. of the Consumer Code. In the presence of a lack of conformity, the User has the right to repair or replace the goods free of charge, or, in the event that these rights are not exercisable, the right to a price reduction or termination of the contract.
12. Applicable Law and Jurisdiction; Place of Jurisdiction. Code of Self-Regulation; Extrajudicial Settlement of Disputes – Alternative Dispute Resolution/Online Dispute Resolution
The contract for the purchase of the Products concluded through the Website is governed by Italian law and subject to Italian jurisdiction. For any dispute that may arise between the parties regarding the validity, interpretation or execution of the purchase contract and the GCS, the court of the consumer will have jurisdiction.
- “User Account“: personal account owned by the User that allows the latter to use the Services;
- “Consumer Code“: indicates the Legislative Decree 6 September 2005, no. 206 and subsequent amendments;
- “General Conditions of Sale” or “GCS“: general conditions governing the purchase and sale contract between the Company and the User;
- “Home Delivery“: delivery of the Products purchased on the Website made at the shipping address indicated by the User in the order form;
- “Withdrawal Declaration“: any explicit declaration by the User – according to the methods and having the requirements indicated in the GCS – concerning his decision to withdraw from the contract;
- “Legal Guarantee“: legal guarantee of conformity provided for by Articles 128 et seq. of the Consumer Code;
- “Total Amount Due“: total amount paid by the User for the purchase of the Product, consisting of the purchase price, shipping costs, if applied, and any other possible additional cost;
- “The Company” or “Company“: Il Mondo di Fio di Mutti Fiorella, with registered office in Flero (BS) Via Colomberino 24 L Tax Code MTTFLL47R51G359J and VAT number 9439749080, registered in the BRESCIA Business Register with no. BS – 611670;
- “Withdrawal Period“: term of 14 days within which the User, as a consumer, can exercise the right of withdrawal, pursuant to art. 52 of the Consumer Code.;
- “Products” or “Product“: products distributed by the Company through the Website consisting, by way of example, of books;
- “Customer Service“: the Company’s customer support service;
- “Website“: the website “www.ilmondodifio.it”;
- “User” or “Users“: both the natural person as a consumer has a User Account and who purchases Products or services through the Website;