1. These general terms of sale (hereinafter referred to as “General Terms of Sale”) shall apply to the purchase of products, made remotely, on the internet via the website: www.blackcat-cideb.com (hereinafter referred to as the “Site”).
2. The products marketed via the Site consist mainly of publications. All products on offer are duly depicted on the Site under their respective sections and/or pages.
3. The proprietor of the Site is D Scuola S.p.A. (hereinafter referred to as “D Scuola”), with registered office in Via Bianca di Savoia 12, 20122 Milano, Italy, fax: +39 02 38086448, email: firstname.lastname@example.org.
4. All products purchased via the Site (hereinafter referred to as the “Purchase Orders”) by users who access it (hereinafter referred to as the “Customers”) are regulated by the General Terms of Sale. The product Purchase Orders are limited to individuals aged 18 years and over.
5. Any conditions that may be granted to the Customer as a derogation to the General Terms of Sale, shall be valid only if approved in writing by D Scuola.
6. Articles 49—67, Ch. I, Title III, Part III of Legislative Decree No. 206/2005 and subsequent amendments and additions, shall also apply to Purchase Orders stipulated by Customers-consumers.
7. D Scuola invites each Customer to carefully read the General Terms of Sale before completing each transaction and to print and keep copies of these once the purchasing process via the Site has been completed.
8. D Scuola may amend and/or add to the contents of the General Terms of Sale anytime and without notice. Any amendments and additions made, shall take effect exclusively in relation to the Purchase Orders stipulated after the date of publication on the Site.
9. The Customer is entitled to purchasing the products on the Site, which are depicted under their respective sections and described with their relevant information, by observing the technical access procedures. The publication of the products displayed on the Site constitutes an invitation to the Customer to submit a contractual Purchase Order. The order submitted by the Customer is equivalent to a contractual proposal and implies the complete understanding and acceptance of the General Terms of Sale. The relationship created between D Scuola and the Customer is that of a sale subject to approval.
10. D Scuola shall confirm the successful receipt of the Customer’s proposal via an automated email response, at the address provided by the Customer, which is understood to only confirm receipt of the proposal. Such confirmation shall indicate an order number that must be quoted in each subsequent communication from the Customer to D Scuola. The message shall contain all the data supplied by the Customer, who undertakes to ensure their accuracy and to communicate any corrections and/or changes in a timely manner to D Scuola by contacting “D Scuola Customer Service” via email: email@example.com.
11. Each order can be viewed by the Customer, under their personal area on the Site, immediately after submitting the order.
12. Each Purchase Order stipulated between D Scuola and the Customer is considered fulfilled with the Customer’s approval and D Scuola’s subsequent acceptance of the order, which shall be confirmed via email to the Customer’s address. D Scuola has the right to accept or not to accept, at its complete discretion, the order submitted by the Customer, without the latter being able to make any claims of any kind whatsoever, including compensation, in the event of non-acceptance of the order.
13. By submitting the order according to the different processes provided by the Site’s operating instructions, the Customer declares to have read all the information provided to them during the purchasing process and to fully accept the General Terms of Sale and payment.
14. All product prices are clearly indicated on the Site and include VAT only.
15. Should a product on the Site be displayed in areas other than the specific sections intended for the purchasing of products, or in any case without the “add to cart” icon, it is unavailable for purchase via the Site.
16. The Site lists the products available for shipment. The products’ availability is updated periodically and may therefore vary from what is reported on the Site.
17. Should the delivery time of the product on order be delayed, compared to the delivery time indicated on the Site prior to the order, D Scuola shall endeavour to notify the Customer via email at the address provided by them. Until the time of shipment by D Scuola, which shall be communicated to the Customer with an update available in their personal area, the Customer has the right to cancel the order or modify it anytime, by simply contacting “D Scuola Customer Service” as mentioned above at paragraph 10.
18. The cost of each shipment, the value of which may vary according to the total amount of the order, is clearly indicated and communicated to the Customer via the Site, prior to finalising the Purchase Order.
19. Where possible, the products’ visual depiction on the Site usually corresponds to actual product photographs and has the sole purpose of presenting them for sale, without any guarantee or obligation by D Scuola to exactly match the images depicted on the Site to the actual products; specifically, in relation to the size and/or colours of the products and/or their packaging.
20. Payments processed against Purchase Orders stipulated via the Site can be executed solely via PayPal. For information on how to utilise the PayPal service, refer to: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full.
21. At any time, D Scuola reserves the right to request additional information from the Customer or obtain copies of documents proving the accuracy of the data given in the Purchase Order. Should the Customer fail to provide the requested information or additional documentation, D Scuola reserves the right to reject the purchase agreement, namely to withdraw from the Purchase Order, by communicating its motivation to the Customer via email at the address provided by the latter.
22. All product deliveries shall be at the expense and risk of D Scuola. The risk shall be transferred to the Customer upon the Customer’s receipt of the delivered goods via freight forwarder, courier, or any other agent entrusted with delivery by D Scuola.
23. Through the Site, D Scuola will be able to accept Purchase Orders with world-wide deliveries, except for the following countries: Andorra, Argentina, Belgium, Chile, Colombia, Mexico and Peru. Shipping costs shall be calculated automatically via the Site and shall be visible and comprehensible to the Customer prior to the order being finalised.
24. For each Purchase Order processed via the Site, D Scuola shall issue a delivery docket or, for those Customers (not consumers) who own and have provided their VAT numbers under the orders’ personal data, an invoice for the goods being shipped. D Scuola shall email the delivery docket or the invoice to the address provided by the Customer who placed the Order, pursuant to Art. 14, Presidential Decree 445/2000 and Legislative Decree 52/2004. The information provided by the Customer at the time of order shall be deemed authentic for the issuance of the invoice. No changes to the invoice shall be possible after the same has been issued, nor shall it be possible to issue invoices to Customers who did not provide their VAT numbers at the time of order, once the orders have been fulfilled.
25. Upon product delivery via the freight forwarder, courier or other agent appointed by D Scuola, the Customer shall be required to check: (a) that the number of packages delivered corresponds to what is indicated on the delivery docket; and (b) that the packaging is intact, without damages or in any case unaltered, including the sealing materials.
26. In the case of goods ordered and delivered by courier, any damages to the packaging and/or products or a mismatch between the number of boxes or descriptions, must immediately be queried by the Customer by writing the words “ACCEPTED WITH RESERVATIONS” on the delivery receipt. Ordinarily, the Customer undertakes to promptly inform D Scuola of any and all problems concerning the physical integrity, conformity or fulfilment of the shipment.
27. In the case of goods ordered and delivered by courier, the presence of the Customer or their representative is always required, in the location specified by the same. Should the Customer (or their representative) be absent, the courier shall leave a notice with a contact number and a deadline for stipulating a new delivery date. Should the second delivery attempt also prove unsuccessful, the Purchase Order shall be deemed void and the goods will be returned to the D Scuola warehouse. In the latter case, D Scuola shall reimburse the cost of the undelivered goods plus shipping costs to the Customer within 14 days of the goods’ return to the warehouse; the relevant Purchase Order shall be automatically and definitively considered void, excluding any further reciprocal obligations of any kind.
28. In cases of force majeure, unavailability of transportation, as well as unforeseeable or unavoidable events causing delays to the delivery, posing challenges to the delivery or making it impossible, namely causing significant increases in delivery costs to D Scuola, the same shall be entitled to split, postpone, partially or completely cancel the scheduled delivery, namely to void the Purchase Order. In such instances, D Scuola shall provide timely and adequate notice of its decision via email at the address provided by the Customer; the latter shall be entitled to a refund for any costs incurred, exempting D Scuola from any further obligations of any kind.
29. The Customer has the right to rescind the Purchase Order for whichever reason and without having to provide motivation, pursuant to Art. 52, Legislative Decree of 6 September 2005, No. 206 and subsequent amendments and additions; no later than 14 days from the date of receipt of the shipment of goods, by submitting a rescission type form via the Site, or by submitting a detailed statement on their decision to rescind the Purchase Order to D Scuola Customer Service at the following address: D Scuola S.p.A., Via Inverigo 2, 20151 Milano, Italy, fax: +39 02 38086448, email: firstname.lastname@example.org. In this instance, the Customer must return the delivered goods to D Scuola within 14 days from the date D Scuola received notice of the rescission (the deadline is met if the Customer returns the goods before the 14-day period expires); in which case, the Customer shall be entitled to a full refund for the cost of the goods referenced in the Purchase Order subject to rescission, including the delivery costs, within 14 days from the date D Scuola received the notice of rescission. Such refunds shall be executed utilising the same payment method as used by the Customer in the initial transaction; in any case, the Customer shall not incur any expenses as part of such refund. Pursuant to Art. 56, Par. 3, Legislative Decree of 6 September 2005, No. 206 and subsequent amendments and additions, D Scuola reserves the right to withhold the refund until it has received the goods, or the consumer has provided proof that the goods have been dispatched, whichever comes first. The Customer shall be liable only for a decrease in value of the goods that results from any handling other than that necessary to ascertain the nature, characteristics and functioning of said goods.
30. For the purposes of exercising the aforementioned right of rescission, the Customer must comply with the following conditions and processes:
– the goods comprising the object of the Purchase Order in relation to which the Customer has exercised the right of rescission, must be intact and must be returned in their original packaging, complete in all its parts (inclusive of any supplementary documentation);
– in compliance with the instructions received from D Scuola, the Customer shall take care, at their own expense, responsibility and care, of shipping and returning the goods to D Scuola;
– should the returned goods become damaged in transit, D Scuola shall only be required to notify the Customer of the incident to allow them to promptly file a claim against their chosen courier (and/or the relative insurance company).
31. D Scuola is not liable in any way for any damage, theft or loss of returned goods; any associated risks therefore remain the sole responsibility of the Customer.
32. Up until the end of two years from the delivery of the goods, D Scuola is responsible to the customer-consumer, pursuant to Art. 130 and 132, Legislative Decree 206/2005 and subsequent amendments and additions, for any lack of conformity of the existing goods at the time of delivery, specifically, those that are defective or damaged.
33. The Customer forfeits any rights granted to them by Art. 130, Par. 2, Legislative Decree 206/2005 and subsequent amendments and additions, should they fail to report any lack of conformity detected within two months from the date of discovery of such defects to D Scuola.
34. D Scuola shall do its best to replace at its own effort and expense the goods returned that are damaged or defective with other products with the same titles and quality, available from its own warehouse, subject to the Customer having returned these in the original packaging. Should it not be possible to replace a return with the same product (i.e. because the item is no longer on the catalogue), D Scuola shall reimburse the cost of the defective item to the Customer, exempting D Scuola from any further obligations of any kind.
35. All communication from the Customer to D Scuola relative to Purchase Orders must be addressed to “D Scuola Customer Service” in accordance with the process indicated in paragraph 10 above.
36. The Purchase Order between the Customer and D Scuola is understood to be stipulated in Italy and regulated under Italian law.
37. In accordance with and under the Consumer Code, any disputes shall be referred to the applicable court of law in the Customer’s place of residence or domicile, provided the latter is a consumer. Pursuant to Art. 141-sexies, Par. 3 Consumer Code, D Scuola advises the Customer who qualifies as a consumer pursuant to Art. 3, Par. 1, Point a) of the Consumer Code, which in the eventuality that they lodge a complaint directly to D Scuola and, as a result, it is not possible to resolve said dispute, D Scuola shall provide information relative to an Alternative Dispute Resolution process, for an out-of-court resolution of any disputes arising from the obligations under a contract stipulated on the basis of these General Terms of Sale (aka ADR bodies, as noted in Art. 141 bis et seq. of the Consumer Code), specifying whether or not it intends to make use of said processes to resolve the dispute itself. D Scuola also informs the Customer who qualifies as a consumer, pursuant to Art. 3, Par. 1, Point a) of the Consumer Code, that a European platform has been established for the resolution of online consumer disputes (aka ODR platform). The ODR platform can be viewed at the following address: http://ec.europa.eu/consumers/odr/ via the ODR platform, where the consumer may consult the listing of ADR bodies, find the links to their websites and begin an online resolution process for a dispute in which they are involved. In any case, without prejudice to the right of the customer-consumer to refer the dispute arising from the current Terms of Sale to the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure as well as the possibility, where appropriate, to promote an out-of-court settlement for a consumer relations dispute by recourse to the process set out in Part V, Title II bis of the Consumer Code.
Furthermore, for any dispute relative to the application, implementation and interpretation of these General Terms of Sale, users residing in an EU member state other than Italy may access the European procedure set up for modest disputes, pursuant to Regulation (EC) No. 861/2007 of the Council of 11 July 2007; provided the amount disputed, excluding interest, entitlements and expenses, does not exceed 2000 euro. The text of the regulation is available from the website: www.eur-lex.europa.eu.
38. For D Scuola’s regulation on the management of personal data, please refer to the specifically designated area on the Site, at the following address: Personal data protection.