GENERAL CONDITIONS OF SALE
ART. 1 – GENERAL PROVISIONS

1.1 These general conditions of sale (hereinafter the “General Conditions”) have as their object the offer and sale of books in paper format (hereinafter jointly the “Products”), carried out remotely via the internet, from the website www.edizionicafoscari.it (hereinafter the “Website”).

1.2 The Products purchased on the Website are sold by Evologi S.r.l., C.F. and VAT number 04616450260, with registered office in Via Codalunga n. 58, 31030 - Carbonera (TV) (hereinafter the “Supplier”); the Website is managed by the Fondazione Università Ca’ Foscari, C.F. and VAT number 03387580271, with registered office in Ca’ Dolfin - Calle Larga Ca’ Foscari, Dorsoduro 3859/A, 30123 - Venice (hereinafter “Fondazione”), as managing body of Edizioni Ca’ Foscari.

1.3 In these General Conditions the following definitions are used:

  • “Consumers”, i.e. natural persons for whom the purpose of the order cannot be classified as a commercial activity, self-employed or freelancers.
  • “Entrepreneurs”, i.e. natural persons, legal persons or partnerships with legal capacity who order for commercial purposes or as self-employed or freelancers.
  • “Customers”, i.e. those who purchase the Products through the Website regardless of their qualification as Consumers or Entrepreneurs.

1.4 These General Conditions apply to all individual transactions concluded between the Supplier and the Customer, without the need for an express reference to them or a specific agreement to that effect at the conclusion of each individual transaction.

1.5 Except the provisions of art. 49, paragraph 5, of the Legislative Decree 6 September 2005, n. 206 and subsequent amendments (hereinafter the “Consumer Code”), the Supplier may modify, at any time and without notice, the content of these General Conditions. Any changes made will be effective from the date of their publication on the Website, as declared in the header of the same Conditions, and, except for the changes more favourable to the Customer, will be applicable only to purchase orders sent by the Customer pursuant to art. 3 of these General Conditions after the date of publication.

2. OBLIGATIONS OF THE CUSTOMER

2.1 The Customer is required to carefully read these General Conditions. All purchases made by Customers through the Website (hereinafter the “Purchase Agreements”) are governed by these General Conditions in the version in force at the time of the conclusion of the Purchase Agreement, as well as by the other provisions and operating instructions contained in the Website. In the event of a conflict between the provisions of the aforementioned provisions and operating instructions and the contents of the General Conditions, the latter prevail.

2.2 The Customer ensures that the data communicated to the Supplier at the time of the order and registration are correct and complete and also undertakes to promptly inform the Supplier on the modification of the data communicated and, upon request from the Supplier, to confirm its correctness within 15 (fifteen) days of receipt. This concerns in particular the names, postal addresses, email addresses and telephone and possibly fax numbers of the Customer, its legal form and the details of the selected payment method.

2.3 The acceptance of cookies by the Customer is essential for any purchase or subscription on the Website.

2.4 The Customer undertakes to pay the price of the purchased goods within the times and with the methods indicated in the Contract, and, once the purchase procedure has been completed, to print and keep these General Conditions.

3. PURCHASE METHODS

3.1 The Products on the Website that the Customer wishes to purchase can be selected and placed in the “cart” using the appropriate button. Once the selection is complete, you will access the summary page, where you can see and possibly change the list of your purchases, before confirming the cart.

3.2 The publication of the Products on the Website is an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and full acceptance of these General Conditions.

3.3 The correct receipt of the Customer’s order will be confirmed by the Supplier through an automatic reply sent to the e-mail address entered by the Customer. This communication only confirms the correct receipt of the purchase proposal within the information systems of the Supplier; the confirmation message will indicate a “Customer Order Number”, to be used in any subsequent communication. In addition to the information required by law, the message contains all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections.

3.4 Each order can always be viewed by the Customer on the Website, in their personal area, immediately after sending it.

3.5 Each Purchase Agreement stipulated between the Supplier and the Customer must be considered concluded exclusively with the acceptance of the order by the Supplier. The Supplier has, in fact, the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, for any reason, including compensation, in the event of non-acceptance of the order itself, as all offers of the Supplier are without obligation and non-binding. The acceptance of the Supplier is considered tacitly granted, unless otherwise communicated to the Customer within 48 hours of sending the order, by means of an e-mail message sent to the address communicated by the Customer.

3.6 After sending the confirmation response by the Supplier, if the Supplier finds (due to errors of a technical or formal nature) the incorrectness of the price and/or characteristics, published on the Website, of the products and services object of the proposal made by the Customer, the Supplier will expressly communicate this to the Customer inviting him to make, if still interested, a new proposal.

4. PRICES AND TERMS OF PAYMENT

4.1 All Product prices are clearly indicated on the Website at the time of the order and are inclusive of VAT. The prices do not include any additional and different taxes, levies or duties established by the relevant applicable legislation, such as those provided for in case of importation. If necessary, the Customer will therefore have to clear the imports and pay any duties and taxes (other than VAT) that may be due in the country of import. In case of shipping costs, the Supplier informs about their amount during the order procedure.

4.2 The Supplier reserves the right to appoint third parties to collect payment in various ways. Invoices will be sent to the Customer at the email address indicated at the time of registration. In case of payment at invoice receipt, the amount will be paid within 14 (fourteen) days of receipt of the invoice.

4.3 For any unpaid and/or rejected debit or credit card payment, the Supplier is authorised to charge a flat rate equal to 15% of the order value on the invoice, unless the Customer proves that the event causing the damage is not attributable to him. It is without prejudice to the possibility for the Customer to prove that no damage has occurred or that the same is of a lower amount than the flat rate.

5. TERMS OF PAYMENT

5.1 Payments for orders made through the Website can only be made by credit card, PayPal or at invoice receipt. The Customer is required to choose, at the time of conclusion of the purchase, the payment method. The latter, once the order is confirmed, can no longer be changed. We do not accept payments by cash on delivery or bank transfer.

  • PayPal: If the Customer chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he/she will pay for the products according to the procedure provided and governed by PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with the Supplier. A confirmation e-mail from PayPal will be sent after each transaction. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the refund amount will be credited to the Customer’s PayPal account. The re-credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favour of that account, the Supplier cannot be held responsible for any delays or omissions in crediting the refunded amount, to dispute which the Customer must contact PayPal directly.
  • Credit card: The credit cards accepted by the Supplier will be specifically indicated on the page of the Website relating to the payment methods. At no time during the payment procedure will the Supplier be able to know the information relating to the Customer’s credit card, which is transmitted, via a secure connection, directly to the card issuer’s website. No computer archive of the Supplier retains such data, except for, limited to the data relating to the cardholder, the case referred to in the following paragraph. In order to ensure the security of the payments made on the Website and prevent any fraud, the Supplier reserves the right to ask the Customer for additional information (for example, telephone number, front/back copy of a valid identity card via email or fax). The deadline by which the document must reach the Supplier will be specified in the request email. This term will not, in any case, exceed 4 (four) working days from the receipt of the request by the Customer. Pending the requested document, the order will be suspended. In the event of a request, the Customer is required to send the requested documents within the specified deadline. In the event that the Supplier does not receive these documents within the indicated period, or receives expired or invalid documents, the contract will be terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order consequently cancelled, except for the Supplier’s right to compensation for any damage it may have incurred due to the non-compliant behaviour of the Customer. The termination of the contract, of which the Customer will be notified via email to the address indicated at the time of registration, no later than 4 (four) working days from the expiry of the deadline for sending the documents requested by the Supplier, will result in the cancellation of the order and the reimbursement of the total amount due, if already paid by the Customer. If the Supplier receives the requested documentation within the indicated period, the delivery terms applicable to the Product will start from the date of receipt of the documentation.
6. AVAILABILITY OF PRODUCTS

6.1 If a Product is present on the Website in areas other than the appropriate sections intended for product purchase operations or in any case without the “add to cart” icon, it is considered not available for sale through the Website.

6.2 The prices and availability of the products are subject to change at any time and without notice, on the understanding that, limited to orders being accepted or accepted by the Supplier as above, the General Conditions in force at the time the order is made by the costumer will be applied.

6.3 On the Website, the products immediately available and those that can be ordered for shipment are highlighted differently. Some catalogue titles, in fact, may not be immediately available at the time of order. The Customer must therefore pay attention to the delivery times indicated on each product sheet.

6.4 The availability and relative delivery times of the products are merely indicative, as they are not updated in real time; moreover, in consideration of the possible simultaneous order on the Website of the same product by several Customers or of the possible order, by the same Customer, of several copies of the same product, the actual availability of the single products may vary significantly during the same day with respect to the indications given on the Website itself.

6.5 The Supplier will deliver the purchased products in accordance with and subject to their actual availability. The Supplier therefore reserves the right, unless otherwise requested, to proceed with the fulfilment of the order only when all the products purchased are available for shipment. If the delivery times of the ordered product are delayed with respect to the delivery times indicated on the Website prior to the order, the Supplier undertakes to promptly notify the Customer by email at the address indicated by the Customer.

6.6 Until the time of shipment by the Supplier, communicated to the Customer by updating the information contained in his/her personal area, the Customer has the right to cancel the order or modify it at any time, exclusively following the specific procedures and technical functions reported in his/her personal area.

6.7 The image of the products on the Website, where available, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment by the Supplier about the exact correspondence of the image depicted on the Website with the actual product, with particular regard to its actual size and/or chromatic aspects. Furthermore, in the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

7. SHIPPING METHODS

7.1 On the Website, for each advertised Product, in addition to the price, the indicative and non-binding delivery time is also indicated. The delivery time is indicated in working days, i.e. every day of the week except Saturdays, Sundays and public holidays prescribed by law.

7.2 The Customer may at any time check the availability of the ordered Product by accessing his/her personal area on the Website. In the event that more products are ordered with different availability times, the Supplier will have the right to deliver the Products jointly, when the last Product has become available for shipment.

7.3 Upon completion of the preparation of the order, the Customer will receive a notification of successful shipment to the email address indicated during the registration; this communication will also contain the code and the link to track the shipment. Shipments are made both in Italy and abroad by express courier.

7.4 It is recommended to check the correctness of the delivery address and to ensure that someone will collect the Products. Otherwise, the Customer will be contacted at the telephone number indicated at the time of purchase. It is not possible to agree on the day and time of receipt of the goods.

7.5 The cost of each shipment, the amount of which may vary according to the method of delivery and payment and the total amount of the order, is added to the total price of each order and is clearly indicated and communicated to the Customer, through the Website, before the conclusion of the order; the aforementioned shipping cost will also be specified in the customer’s personal area until the order has been processed.

7.6 In case of non-delivery due to the absence of the addressee during the attempts provided for by the procedure applied by the courier, the package will remain in storage. If, within the terms indicated by the courier in the notice left to the addressee, the package is not collected, it will be returned to the Supplier, who reserves the right to withdraw from the contract. In the latter case, the refund due will be credited by the Supplier on the same payment method used by the Customer.

7.7 Upon delivery, the Customer is required to verify that the package is intact and not damaged or tampered with. Any anomalies (such as, for example, tampering, damage to the packaging) must be specifically indicated in writing directly on the courier’s transport document, and the Customer will have the right to refuse the delivery. At the same time, the Customer will be required to notify the Supplier, by writing to the address email support@evologi.it, no later than 5 (five) working days from receipt of the Products, so that the Supplier can assert the transport damage against the logistics company in charge of the delivery. If the Customer accepts the delivery even in case of damaged or tampered packaging, he/she will lose the legal guarantee of conformity of the Products. In case of return of the Product, unless otherwise agreed, the Customer will bear the costs. The refund due will be credited by the Supplier on the same payment method used by the Customer.

7.8 The Supplier will have the right to split, postpone or cancel, in whole or in part, the expected delivery or to cancel the purchase order due to circumstances beyond his control, by way of example but not limited to, among others, strikes, lockouts, authority measures, shortage of energy resources and raw materials, transport limitations, circumstances that prevent the company activity such as damage caused by fire or flooding, damage to machinery, lightning and any other event not foreseeable by the Supplier and not to him attributable, as well as unforeseeable or inevitable events that cause a delay in deliveries or make deliveries difficult or impossible or that cause a significant increase in the delivery cost charged. In such cases, the Supplier will provide timely and adequate communication of its decisions to the e-mail address indicated by the Customer and the latter will be entitled to a refund of the price – including shipping costs – if he/she has already paid, excluding any further claim, to any title, against the Supplier.

8. RIGHT OF WITHDRAWAL AND REFUNDS

8.1 The Customer has the right to withdraw from the purchase for any reason and without the need to provide explanations within 14 (fourteen) days from the date of receipt of the products pursuant to art. 52 of the Consumer Code, subject to compliance with the procedures indicated below.

8.2 If Customer intends to exercise the right of withdrawal, he must communicate it in one of the following ways:

  • using the model withdrawal form, prepared in accordance with Annex I part B of the Consumer Code (as required by art. 49 paragraph 1 letter h of the aforementioned Code), or by submitting to the Supplier any other explicit declaration of its decision to withdraw from the contract, and send them by means of a letter with advice of delivery to Evologi S.r.l. at the address Via Monastier n. 1, 30020 - Meolo (VE);
  • filling out and electronically sending the withdrawal form or any other explicit declaration of his/her decision to withdraw from the contract to support@evologi.it; if the Customer chooses this option, the Supplier will immediately send him/her a confirmation of receipt of the withdrawal on a durable medium (for example by e-mail), as required by art. 54 paragraph 3 of the Consumer Code; the withdrawal deadline will be deemed to have been respected by sending the withdrawal notice before the withdrawal period has expired, as determined above.

8.3 In the notice of withdrawal, the Customer must specify the Products for which he/she intends to exercise the withdrawal. The withdrawal may, in fact, also be applied limitedly to individual Products forming the subject of a single purchase order, it being understood that the withdrawal applies to the Product in its entirety, which means that the Customer cannot exercise the withdrawal limited to a part of the single purchased Product.

8.4 The Customer, once the withdrawal has been exercised, must return the Products without undue delay and in any case within 14 (fourteen) days from the date on which he/she communicated to the Supplier his/her decision to withdraw from the contract, by sending the aforementioned Products to Evologi S.r.l. at the address Via Monastier n. 1, 30020 - Meolo (VE). The direct costs for returning the Products will be borne by the Customer who exercises the withdrawal. For the sole purpose of complying with the return deadline, the Products are intended to be shipped when they are delivered to the accepting post office or to the carrier. All risks of loss or damage to the Products during shipment to the Supplier for return are the responsibility of the Customer.

8.5 Upon receipt of the notice of withdrawal, if timely, the Supplier will refund the Customer the amount of the returned items, without delay and in any case within 14 (fourteen) days from the day he is informed of the Customer’s decision to withdraw from the contract. The refund will be made using the same payment method used by the Customer for the sale in relation to which the withdrawal was exercised. The Supplier will have the right to withhold the refund until he has received the Products or until the Customer has demonstrated that he/she has returned the goods, whichever occurs first.

8.6 The Products forming the object of purchase in relation to which the Customer has exercised the right of withdrawal must be intact and will be returned in the original packaging, complete in all its parts (including the packaging and any other documentation).

8.7 Pursuant to art. 57, paragraph 2, of the Consumer Code, the Customer will be responsible for the decrease in value of the returned Products resulting from manipulation of the aforementioned Products other than that necessary to establish their nature, characteristics and functioning. In the event that, upon receipt of the return delivery, the Supplier should find a decrease in the value of the Products attributable to the Customer, the Supplier will be entitled to offset the amount corresponding to the aforementioned decrease in value with the amount to be reimbursed to the Customer as a result of the withdrawal; in this case, the Supplier will notify the Customer within 14 days of receipt of the return.

8.8 The right of withdrawal cannot be exercised by the Customer for all those Products that are already indicated as non-returnable at the time of purchase.

9. LEGAL CONFORMITY GUARANTEE

9.1 The Supplier and Fondazione guarantee that the Product is free from defects in materials and workmanship for a period of 2 (two) years from the date of delivery (hereinafter the “Warranty Period”). If the Product, during the Warranty Period, does not prove to be compliant, the Supplier will accept the return of the Product and will refund the money actually paid by the Customer.

9.2 The Customer loses the rights granted to him/her by art. 130, paragraph 2, of the Consumer Code if he/she does not report the defect to the Supplier within 2 (two) months from the date on which he/she found the defect.

9.3 The warranty does not cover the following cases: (i) any Product marked as a “sample”, “gift” or sold “as is”; or Products that have been subjected to modifications, alterations, tampering or improper maintenance or repairs.

10. LIMITATIONS OF LIABILITY

10.1 The Supplier assumes no responsibility for any fraudulent or illegal use, which may be made by third parties, of credit cards, checks and other means of payment, upon payment of the Products purchased, if he proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.

10.2 In no case can the Customer be held responsible for delays or errors in payment if he/she proves that he/she has made the payment in the times and with the methods indicated by the Supplier.

10.3 The entire liability of the Supplier and the customer’s sole and exclusive possibility for claims related to or arising from these General Conditions of Sale, for any reason and regardless of the type of compensation, whether by contract or default, obligation or otherwise, including negligence and strict liability, will not exceed the amount of the purchase price paid, except in cases of wilful misconduct and gross negligence pursuant to art. 1229 of the Italian Civil Code.

10.4 The Customer accepts and acknowledges that neither Fondazione nor the Publisher can ever be deemed responsible for any non-compliance as the contractual relationship governed by these General Conditions exclusively involves the Customer and the Supplier.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All trademarks (registered or not), as well as all intellectual work, distinctive sign or denomination, image, photograph, written or graphic text and more generally any other intangible asset protected by the laws and international conventions relating to intellectual property and industrial property reproduced on the Website remain the exclusive property of Fondazione and/or its assignors, without the Customer having any right to the same from access to the Website and/or from the stipulation of purchase orders. Any use, even partial, of the same is prohibited without the prior written authorisation of Fondazione, in favour of which all related rights are exclusively reserved.

12. APPLICABLE LAW AND JURISDICTION

12.1 Each purchase order between the Customer and the Supplier is considered concluded in Italy and governed by Italian law.

12.2 Any dispute in any case connected to the sales agreement concluded between the Supplier and the Customer will be devolved to the exclusive knowledge of the Court of Venice, unless otherwise provided for by the Consumer Code in the event that the Customer assumes the quality of Consumer.

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the following articles of the General Conditions of Sale are expressly approved:

Art. 1 – GENERAL PROVISIONS

Art. 7 – SHIPPING METHODS

Art. 8 – RIGHT OF WITHDRAWAL AND REFUNDS

Art. 9 – LEGAL CONFORMITY GUARANTEE

Art. 10 – LIMITATIONS OF LIABILITY

Art. 12 – APPLICABLE LAW AND JURISDICTION