Terms and Conditions of Sale
GENERAL CONDITIONS OF SALE
These general conditions of sale regulate the purchase of Products and services made remotely via the Internet on the site www.thediscusguide.it. Before sending the order, the Customer is required to carefully read these General Conditions, made available to him on the aforementioned site to allow reading, memorization and archiving.
These general conditions must be accepted at the time of purchase, together with the Privacy Policy, available in the appropriate section of the Site and accessible on all pages of the same.
Art. 1. Definitions
1. Unless otherwise provided in the Agreement, the following terms and expressions shall have the meanings set out below:
a) VILLA ALESSANDRO Via Cesare Cantù, 104 Dogana (RSM) cap 47891 COE 29792 - info@discusguide.com .
b) “Site” or “Website”: the site reachable at the URL www.thediscusguide.com, owned by VILLA ALESSANDRO
c) “Customer”: the natural or legal person who concludes the contract for the purchase of one or more Products or Services.
d) “Consumer” or “Consumer Customer”: the Customer (natural person) who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out.
e) “Professional” or “Professional Client”: the Client (natural or legal person) who acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary.
f) “Parties”: VILLA ALESSANDRO and the Customer.
g) “Product” and “Service”: each product and service made available for purchase through the electronic catalogue on the Site, such as, by way of example and not limited to, books, DVDs, CDs, diaries, stationery products, shipping services. The catalogue is constantly updated and the availability of each product may vary without notice.
h) “E-book”: a book in digital format that can be accessed via computers and mobile devices, such as smartphones, tablet PCs and devices specifically designed for reading digital texts.
i) “Access credentials”: the “username” and “password” relating to each Customer's account, necessary to access the reserved area of the Site and to conclude the Contract.
j) “Working days” and “working hours”: Monday to Friday, excluding national holidays, with working hours from 9:00 to 12:30 and from 14:00 to 17:30.
k) “General Conditions”: these General Conditions of Sale, which regulate the relationship between VILLA ALESSANDRO and the Customers.
l) “Contract”: is composed of these General Conditions and the Order Confirmation. In the event of a discrepancy between the General Conditions and the Order Confirmation, the Order Confirmation shall prevail.
Art. 2. Parties to the contract
1. The parties to the contract are VILLA ALESSANDRO and the Customer, whether a Professional or a Consumer; the Customer's data are indicated in the order confirmation sent by VILLA ALESSANDRO: it constitutes an integral part of the Purchase Contract. The data of VILLA ALESSANDRO are indicated in art. 1, paragraph 1, letter a, of these General Conditions.
2. The provisions of these General Conditions apply without distinction to all Customers, except for those provisions for which applicability to Consumer Customers only has been explicitly provided.
3. The contract stipulated between VILLA ALESSANDRO and the Consumer Customer is subject, among other things, to the specific legislation set out in Title III, Section II (“Pre-contractual information for the consumer and right of withdrawal in distance contracts and contracts negotiated away from commercial premises”), articles 49 to 59, as well as Sections III (“Other consumer rights”), articles 60 to 65, and IV (“General Provisions”), articles 66 to 67, of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”).
Art. 3. Object of the contract
1. These General Conditions of Sale (“General Conditions”) govern the purchase, made remotely by Customers, of the Products and Services in the electronic catalogue made available on the website www.thediscusguide.com (“Site”).
2. In the case of supply, free or for a fee, of E-Books (available in the “EBOOK” section), the “General conditions of supply of the E-Book service” made available on the site will apply, which must be specifically approved by the Customer.
3. All purchases of Products and Services made through the Site by Customers who access it are governed by the General Conditions as well as by the other provisions and operating instructions contained in the Site. 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 shall prevail.
4. VILLA ALESSANDRO invites the Customer to carefully read, before carrying out each purchase transaction, both these General Conditions and the order confirmation sent by VILLA ALESSANDRO; once the purchase procedure provided by the Site has been concluded, the Customer is invited to print and keep a copy, or to save an electronic copy, it being understood that VILLA ALESSANDRO will send a copy via e-mail to each Customer together with the confirmation of the purchase order.
Art. 4. Purchase procedure and conclusion of the Contract
1. After registering on the Site, the Customer can purchase one or more Products or Services present in the electronic catalogue of the Site (illustrated and described in the relevant information sheets) by placing them in the "cart" and respecting the technical access procedures indicated on the Site itself.
2. The publication of the Products and Services indicated on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal to VILLA ALESSANDRO. Before the actual sending of the order, the Customer is shown a page that summarizes, among other things, the selected Products and Services, their price and any delivery costs. The General Conditions and the privacy policy can be viewed, saved and printed before sending the order.
3. The order sent by the Customer has the value of a contractual proposal and, by sending such order, the Customer acknowledges having complete knowledge and full acceptance of these General Conditions. The Customer is invited to print and keep the order summary, shown after sending the order via the Site. The "notes" field, if present in the electronic order form, can be used by the Customer only to enter any operational instructions (e.g., name on the intercom) and will not bind any Party to the Contract in any way, nor can it contain derogations from these General Conditions or in any case from the contractual ones.
4. VILLA ALESSANDRO has the right to accept or not, at its own discretion, the order sent by the Customer, without the latter being able to advance any claims or rights of any kind, for any reason, in the event of non-acceptance of the order itself. Any acceptance of the Customer's proposal is confirmed by VILLA ALESSANDRO by means of an order confirmation email to the email address communicated by the Customer. The purchase contract stipulated between VILLA ALESSANDRO and the Customer is considered concluded with the sending of the order confirmation to the Customer, without prejudice to the verification referred to in paragraph 5.
5. The Customer acknowledges that the order confirmation referred to in the preceding paragraph is sent following an automated check; if, upon packing and shipping the Products, VILLA ALESSANDRO should find any errors in the catalogue or in the order relating to the price and/or characteristics and/or availability of a Product, it will promptly notify the Customer in order to agree on the modification or cancellation of the order, and inviting him to make, if still interested, a new proposal.
6. The Customer, as a consumer, can exercise the right of withdrawal in accordance with the terms and conditions of the law, in relation to which reference is made to articles 23 (“Right of withdrawal”), 24 (“Effects of withdrawal”) and 25 (“Cases of exclusion of the right of withdrawal”) of these General Conditions. Although there is no legal obligation to do so, VILLA ALESSANDRO grants the right of withdrawal, with the same terms and conditions, also to Professional Customers.
7. The Customer acknowledges that certain Products and/or Services for sale on the Site may: consist of services whose execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional; be packaged and/or personalized in his favor; risk deterioration or rapid expiration; not be suitable for return for reasons of hygiene or related to health protection, if sealed and opened after delivery; by their nature, be inseparably mixed with other goods, after delivery; be sealed audio recordings (CD or DVD), video recordings (CD or DVD), computer software (CD or DVD); be newspapers, periodicals, magazines; be constituted by the supply of digital content through a non-material medium, begun with the express agreement and acceptance of the Customer of the fact that in this case he loses the right of withdrawal. Therefore, certain rights to which the same is entitled, even as a Consumer, could be limited (such as, by way of example and not limited to, in compliance with the provisions of art. 25 "Cases of exclusion of the right of withdrawal").
Art. 5. Description and visual representation of the goods
1. The visual representation of the Products and Services on the Site, where available, normally corresponds to the photographic image of the Products and Services themselves and/or their packaging. This representation has the sole purpose of presenting them for sale, without any guarantee or commitment, by VILLA ALESSANDRO, regarding the exact correspondence of the image depicted on the Site with the real Product/Service.
2. In case of difference between the image and the written product sheet, the description in the product sheet always takes precedence.
Art. 6. Availability of Products / Services
1. The Customer may purchase only the Products and Services present in the catalogue published on the Site and in the quantities indicated therein. The prices and availability of the Products, as reported on the Site, are subject to change at any time and without notice.
2. The Site highlights the Products available for shipping. The Customer acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time elapsed between loading the web page and adding to the cart, the actual availability of individual Products may vary significantly during the same day compared to the indications shown on the Site. When the order proposal is sent by the Customer, the Site's computer system checks the actual availability of the Products purchased and notifies the Customer of any subsequent unavailability of one or more Products before the Customer makes the payment. VILLA ALESSANDRO undertakes to fulfill its obligations promptly and in any case in the manner and terms set out in art. 14 of these General Conditions; if the delivery times of the ordered Product are delayed compared to those indicated on the Site before the order, VILLA ALESSANDRO undertakes to promptly notify the Customer via an email to the address indicated by the Customer during the purchase of the Products. If it is not possible, for any reason, to proceed with the delivery of the Products purchased in compliance with art. 14 of these General Conditions, VILLA ALESSANDRO reserves the right to communicate to the Customer the cancellation of the order.
Art. 7. Prices and fees
1. The Customer will pay VILLA ALESSANDRO the price indicated on the order confirmation page.
2. All prices of the Products and Services are indicated on the Site and are inclusive of VAT only and any WEEE contribution where applicable. They do not include any additional and different taxes, duties or duties provided for by the relevant applicable legislation, such as those provided for in the matter of imports, which remain the responsibility of the Customer. In this case, the Customer must therefore provide for customs clearance of the imports and pay any duties and taxes (other than VAT) due in the importing country; in this sense, the Customer is invited to check the possible costs and customs practices of the importing country.
3. In the event that a Product or Service is discounted, the original or ordinary price crossed out and the final price are indicated.
Art. 8. Standard delivery charges
1. Shipping costs are free for orders whose amount is equal to or greater than € 29.90 (twenty-nine/90) and the delivery address is located in Italy. For orders to be delivered abroad, at the time of order confirmation, shipping costs will be highlighted which depend on the weight of the goods sent and the country of destination.
2. Shipping costs for orders with a total amount of less than €29.90 (twenty-nine/90) and the delivery address is located in Italy, are set at a flat rate of €5.00 (five/00).
3. The amount of delivery costs, where applicable, is indicated on the order summary page shown to the Customer before sending the order.
4. For delivery abroad, the price is calculated and displayed before the order is confirmed.
Art. 9. Delivery costs for cash on delivery shipments
1. For deliveries made by cash on delivery, in addition to the cost of the goods purchased and the cost of shipping calculated pursuant to art. 8, the Customer must pay a flat fee of €3.00 (three/00). The Customer must pay this amount even in cases where he is not required to pay shipping costs.
2. In the case of shipments abroad, the possibility of receiving the Products by cash on delivery is not foreseen.
3. If the Customer exercises the right of withdrawal, the sum of €3.00 (three/00), referred to in paragraph 1 of this article, will not be refunded by VILLA ALESSANDRO.
Art. 10. Payments
1. Payments in execution of the Purchase Contract may be made by cash on delivery; credit card; Up Mobile, Master Pass; advance bank transfer (method only available to Banca Sella Customers), Paypal, if delivery takes place in Italy. The Customer is required to choose, at the time of conclusion of the Purchase Contract, the chosen payment method.
Art. 11. Payment for deliveries made by cash on delivery
1. If during the purchase phase the Customer has opted for cash on delivery, the payment must be made exclusively with cash in € (Euro) for a maximum amount of € 999.99, to the courier who will make the delivery. The Customer must prepare the exact amount indicated in the Order Confirmation and acknowledges that the courier does not usually have change. Under no circumstances will other means of payment be accepted, such as, by way of example and not limited to, bank and cashier's checks.
2. In the event of non-payment by the Customer of the agreed price, for any reason or cause, or in the event of non-acceptance of the shipment or failure to collect it, VILLA ALESSANDRO will invite the Customer to pay the balance, with the right to take any further action. Until the Customer has settled his debt position with VILLA ALESSANDRO, the latter reserves the right to cancel any subsequent deliveries of Products, to terminate any existing Purchase Contracts and to block the purchasing functions through the Site, without prejudice to compensation for any further damage.
Art. 12. Payment by credit card, Paypal, Up Mobile or Master Pass
1. If the Customer purchases the Products with payment by credit card, Paypal, Up Mobile, Master Pass or advance bank transfer (advance bank transfer is a payment method available only to Banca Sella Customers), the information relating to the credit card and the buyer's current account will be transmitted and managed by a third party ("Intermediary"), via a protected connection directly to the website of the Intermediary that manages the transaction. The accepted circuits are indicated on the Site before sending the order.
2. The payment procedure is carried out using a secure connection, where the Customer will find the order amount and will have to indicate the type, number and expiration date of the credit card. Additional data or security codes may be requested in some cases by the Intermediary (such as, by way of example and not limited to, for the MasterCard SecureCode and Verified by Visa security services).
3. The amount due will be charged upon confirmation of the data entered in the portal managed by the Intermediary.
4. In order to protect the customer's security to the maximum degree, VILLA ALESSANDRO never becomes aware of the credit card number, which is received only by the banking institutions that must provide authorization. VILLA ALESSANDRO is only informed of the outcome of the transaction. In other words, no credit card data is transcribed on the documents relating to the order and/or stored by VILLA ALESSANDRO
5. The costs that the Customer may have to pay to his/her bank to carry out the transaction will not be in any way attributable to VILLA ALESSANDRO. The Customer is requested to inquire in advance with his/her bank about the costs that he/she will have to sustain to carry out this type of payment.
6. VILLA ALESSANDRO reserves the right to request from the Customer at any time, also through the Intermediary, additional information (e.g. landline telephone number) necessary for the execution of the Purchase Contract or the sending of a copy of documents proving ownership of the credit card used to complete the Purchase Contract. In the absence of the Customer sending the information or additional documentation requested, VILLA ALESSANDRO reserves the right not to accept the order or to withdraw from the completed Purchase Contract in the event that failure to send the requested information does not allow the execution of the order or the Contract, giving simultaneous motivated communication to the Customer at the email address indicated by the latter.
Art. 13. Transport documents and invoicing
1. For each Purchase Contract completed through the Site, VILLA ALESSANDRO will issue an electronic invoice, if requested by the customer. Otherwise, the goods are accompanied by an accounting document.
2. The information provided by the Customer at the time of ordering will be used to issue the invoice. The Customer assumes all responsibility for the correctness of the aforementioned information. No changes to the invoice will be possible after its issuance.
Art. 14. Shipping and delivery times
1. VILLA ALESSANDRO will process the order normally within 24 hours (except weekends and holidays) from the day of receipt of the order. When processing the order, VILLA ALESSANDRO entrusts the Products to the trusted courier or forwarder for delivery to the address indicated by the Customer, summarised in the order confirmation. Deliveries are made via land transport approximately within the following 24/48 hours (excluding weekends and holidays).
2. In the event that a problem occurs with the courier during transport and the package does not arrive at its destination within the indicative time frame referred to in paragraph 1, the Customer may promptly report it to VILLA ALESSANDRO, which will attempt to resolve the issue within a reasonable period of time. VILLA ALESSANDRO invites the Customer not to contact it before the aforementioned indicative time frame has elapsed, as it would not have the necessary data to be able to profitably take action with the courier in charge.
3. The processing and delivery terms referred to in paragraph 1 are indicative only and not guaranteed, by virtue of the many variables at play, with particular but not exclusive reference to the delivery phase by the courier. In compliance with current legislation, VILLA ALESSANDRO undertakes to deliver the Products to the consumer within 30 days from the date of conclusion of the contract. No liability, for any reason, can be attributed by the Customer to VILLA ALESSANDRO if the Products are not delivered within the indicative term referred to in paragraph 1.
4. Delivery times refer to the Products present in the warehouse at the time of the purchase order. No responsibility can be attributed to VILLA ALESSANDRO for delays in the delivery of the goods due to unforeseeable circumstances or force majeure, as well as in the event of strikes, atmospheric events, particular holidays, warehouse inventories, transfers of headquarters, changes to information systems and other extraordinary events; they are capable of causing times longer than those indicative in the processing of orders, even in the order of several days.
5. In any case, if the delivery times of the ordered Product are delayed compared to the delivery times indicated on the Site before the order, VILLA ALESSANDRO undertakes to promptly notify the Customer via an e-mail message sent to the address indicated by the Customer.
Art. 15. Delivery of Products
1. All deliveries of the Products will be at the risk of VILLA ALESSANDRO until the moment in which the Customer or a third party designated by him physically takes possession of them.
2. The delivery terms indicated on the Site are indicative. VILLA ALESSANDRO undertakes to deliver the Products to the consumer within 30 (thirty) days from the date of conclusion of the contract. No liability, for any reason, can be attributed by the Customer to VILLA ALESSANDRO if the Products are not delivered according to the terms indicated on the Site.
3. Unless otherwise communicated to the Customer by VILLA ALESSANDRO, delivery of the Products is intended to be at street level.
4. In order to deliver the ordered Products, the presence of the Customer or his representative is required at the place indicated by the Customer, who will then accept the package on his behalf. The courier's delivery times are usually between 8:30 and 19:00. In the event of the absence of the Customer (or his representative), the courier will leave a notice with the instructions to be able to agree on a different delivery date.
5. If the delivery does not take place due to a cause attributable to the Customer (for example, due to his absence and/or his failure to contact the courier pursuant to paragraph 3), the Customer is required to pay the shipping costs incurred by VILLA ALESSANDRO.
Art. 16. Verification operations upon delivery of the Products
1. Upon delivery of the Products by the forwarder appointed by VILLA ALESSANDRO, the Customer is required to check that the number of packages delivered corresponds to that indicated in the transport document and that the packaging is intact, not damaged or in any way altered, including the sealing materials, checking with particular care for any signs that indicate breakage of the goods sent.
2. Under penalty of forfeiture, any damage to the packaging and/or to the Products and/or the lack of correspondence in the number of packages and/or indications must be immediately contested by the Customer, who must declare, in writing, to the person in charge of delivering the Products, that they are accepted "subject to inspection" or reporting that they are "damaged": in the absence of this, no complaint will be accepted. The Customer also undertakes to promptly report, and in any case no later than 24 hours from the date of delivery, to VILLA ALESSANDRO (by e-mail or registered letter with acknowledgement of receipt to the address indicated in art. 1 of these General Conditions) any and all problems relating to the integrity, correspondence and/or completeness of the Products received, under penalty of forfeiture.
Art. 17. Force majeure and acts of third parties
1. VILLA ALESSANDRO is not liable for cases of force majeure, unavailability of means of transport, acts of third parties, unforeseeable or unavoidable events which cause a delay in deliveries and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery borne by VILLA ALESSANDRO.
2. In the cases referred to in the previous paragraph, VILLA ALESSANDRO has the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Contract. In such cases, VILLA ALESSANDRO undertakes to provide timely and adequate communication of its decisions to the email address indicated by the Customer, who has, in such case, the right to a refund of any price already paid, excluding any further claim, for any reason, against VILLA ALESSANDRO. In this sense, the Customer explicitly waives any claim, even for mere reimbursement and/or compensation, against VILLA ALESSANDRO.
Art. 18. Custody and storage of Products
1. The Products sold by VILLA ALESSANDRO must be stored and conserved by the Customer using the precautions and measures necessary for this purpose and relating to the nature of the Products themselves.
2. Negligence and/or inexperience in the conservation of each product may damage it and compromise its quality. VILLA ALESSANDRO is not responsible for any damage to the Products sold resulting from erroneous and/or incorrect conservation of the same, with express forfeiture of any guarantee in relation to them.
Art. 19. Warranty
1. The Customer enjoys both the ordinary guarantee provided for by the Civil Code, referred to in this article, and the guarantee for any lack of conformity provided for by the Consumer Code, referred to in the following article.
2. VILLA ALESSANDRO guarantees that the Products are free from defects in materials and workmanship for a period of 12 (twelve) months from delivery, subject to the limitations set out in art. 21 (“Exclusions and limitations of the guarantee”).
3. During the warranty period, the Products and their accessories (if defective pursuant to the preceding paragraph) will be repaired or replaced by VILLA ALESSANDRO or by persons appointed by the same without charge for either spare parts or labor (where applicable). The inactivity of the Products determined by the repair periods does not entail the extension of the warranty period.
Art. 20. Additional legal guarantee for the Consumer Customer
1. In addition to the guarantee provided for defects in the item sold pursuant to the provisions in force, up to two (2) years from delivery of the Products, VILLA ALESSANDRO is responsible towards Consumer Customers, pursuant to articles 130 and 132 of Legislative Decree 206/2005, for any lack of conformity of the Products existing at the time of delivery. The lack of conformity is considered to exist if: (i) the product is not suitable for the use for which goods of the same type are normally used; or (ii) does not conform to the description or does not possess the qualities indicated in the sample or model possibly shown by VILLA ALESSANDRO; or (iii) does not offer the usual qualities and performances of a good of the same type that the Consumer can legitimately expect; or (iv) is not suitable for the particular use desired by the Consumer if brought to the attention of the seller at the time of purchase and accepted by VILLA ALESSANDRO.
2. The consumer Customer loses the rights recognized to him by art. 130, paragraph 2 of Legislative Decree 206/2005 if he does not report the lack of conformity to VILLA ALESSANDRO within two (2) months from the date on which he discovered the defect.
3. VILLA ALESSANDRO will make every diligent effort to replace, at its own expense, with other Products of the same quality and title available in its warehouses, those Products delivered that are damaged or defective, provided that they have been returned by the Customer in their original packaging (complete with all the parts that compose it). If replacement with the same product is not possible, VILLA ALESSANDRO will refund the Customer the amount paid for the defective product, excluding any further liability of VILLA ALESSANDRO, for any reason whatsoever.
4. The cases of exclusion and limitation of the guarantee are explained in art. 21 (“Exclusions and limitations of the guarantee”).
Art. 21. Warranty Exclusions and Limitations
1. The shipping costs for sending the product to VILLA ALESSANDRO for assistance will be entirely borne by the Customer, while those relating to the return will be entirely borne by VILLA ALESSANDRO.
2. The guarantee referred to in articles 19 (“Guarantee”) and 20 (“Additional legal guarantee for the Consumer Customer”) is excluded if the Customer has damaged the Products through his own wilful or negligent conduct, or in any case if, through his negligence and/or carelessness and/or for other reasons not attributable to VILLA ALESSANDRO, he has damaged and/or made the Products defective, and/or exposed them to natural events and/or used them improperly and/or without following the technical instructions indicated in any manuals, and/or carried out and/or had carried out by personnel not authorised by VILLA ALESSANDRO, repairs, interventions or tampering, and/or omitted the necessary maintenance, and/or stored them incorrectly. The guarantee is also excluded if the defects and/or faults and/or malfunctions arise from a use of the Products other than that indicated in the Contract and/or for which they were designed and manufactured, or in cases of normal wear and tear or deterioration of consumable parts.
3. If VILLA ALESSANDRO finds that any faults or defects in one or more of the Customer's Products are attributable, directly or indirectly, to the Customer himself, the latter will be required to pay the costs of verification incurred for this purpose, as well as, in derogation of paragraph 1 of this article, the out-of-pocket expenses for the relative return; VILLA ALESSANDRO, on its own initiative or at the request of the Customer, may also send the latter a quote for the repair (where applicable).
Art. 22. Conventional manufacturer's warranty
1. Without prejudice to the legal guarantees, certain Products benefit, in addition to the legal guarantee provided, from a conventional guarantee offered by the individual manufacturer to the purchaser. VILLA ALESSANDRO, where possible or not excessively onerous, mentions this in the sheet of each product. The conditions and terms of these guarantees are defined by each manufacturer, who is a third party with respect to VILLA ALESSANDRO.
Art. 23. Right of withdrawal
1. The Customer has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by him, acquires physical possession of the Products.
2. In the case of a contract relating to multiple Products ordered by the Customer, in a single order and delivered separately, the withdrawal period expires after 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by him, acquires physical possession of the last product.
3. The right of withdrawal may also be applied to individual Products forming the object of a single Purchase Agreement, provided that the right of withdrawal applies to the product in its entirety and that is, the Customer may not exercise the right of withdrawal limited to a part of the individual product purchased (e.g. a single CD, DVD or book present in a box set).
4. The Products forming the subject of Purchase Contracts 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 wrapping and any accessory documentation); in particular, if the Products consist of audiovisual Products or magazines, the packaging seals and/or SIAE marks must not be broken or removed.
5. To exercise the right of withdrawal, the Consumer Customer is required to inform VILLA ALESSANDRO at one of the addresses listed below:
VILLA ALESSANDRO Via Cesare Cantù , 104 Dogana (RSM) cap 47891 COE 29792 ; e-mail info@thedisusguide.com to communicate his decision to withdraw from the contract stipulated with VILLA ALESSANDRO by means of an explicit declaration (for example a letter sent by post, fax or e-mail). To this end, the Consumer Customer can freely choose to use the standard withdrawal form attached to the Instructions on the right of withdrawal, but it is not obligatory.
7. To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
8. Pursuant to art. 54, paragraph 4, of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal lies with the Customer; therefore, it is advisable that such communication be sent to VILLA ALESSANDRO by registered letter with acknowledgement of receipt (to the following address:
VILLA ALESSANDRO Via Cesare Cantù , 104 Dogana (RSM) cap 47891 COE 29792 or by email to info@thediscusguide.com or by any other means suitable to demonstrate with certainty the sending and receipt of the communication by VILLA ALESSANDRO.
Art. 24. Effects of withdrawal
1. The Customer must return the goods or deliver them to VILLA ALESSANDRO at the following address: VILLA ALESSANDRO, via Risorgimento n. 17, 47841, Cattolica (RN), without undue delay and in any case within 14 (fourteen) days from the day on which he communicated to VILLA ALESSANDRO his withdrawal from the contract. The deadline is respected if the Customer returns the goods before the expiry of the 14 (fourteen) day period.
2. The direct costs of returning the goods will be borne by the Customer.
3. If the Customer withdraws from the contract stipulated with VILLA ALESSANDRO, all payments made will be refunded, including delivery costs (with the exception of additional costs resulting from the Customer's possible choice of a type of delivery other than the least expensive type of standard delivery offered by VILLA ALESSANDRO), without undue delay and in any case no later than 14 (fourteen) days from the day on which VILLA ALESSANDRO was informed of the Customer's decision to withdraw from the contract.
4. Once the integrity of the returned product has been verified, VILLA ALESSANDRO will refund the Customer the entire amount paid for the Products referred to in the Purchase Agreement subject to withdrawal within 14 days of the return of the Products themselves or from the date on which the Customer has demonstrated having sent the Products back, depending on which situation occurs first.
5. Said refunds will be made using the same means of payment used by the Customer for the initial transaction, or by Bank Transfer, in accordance with the relevant instructions and bank details that will be indicated by the Customer; in any case, the Customer will not have to bear any costs as a consequence of such refund. The refund may be suspended until the goods are received, until the integrity of the returned product has been positively verified, or until the Customer has demonstrated that he has sent back the goods.
6. VILLA ALESSANDRO is in no way responsible for theft or loss of Products being returned; any related risk therefore remains the exclusive responsibility of the Customer.
7. The Customer is only liable for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Art. 25. Cases of exclusion of the right of withdrawal and extension of the same to the Professional Customer
1. The Customer cannot exercise the right of withdrawal provided for by art. 23 (“Right of withdrawal”) in the following cases: (a) in the case of services whose execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional; (b) in the case of goods made to measure and/or clearly personalized; (c) in the case of goods at risk of deterioration or rapid expiry; (d) in the case of sealed goods, opened after delivery, not suitable for return for reasons of hygiene or related to health protection; (e) Food products sealed once opened; (f) in the case of goods, after delivery, are, by their nature, inseparably mixed with other goods; (g) Sealed audiovisual products or computer software, opened by the consumer; (h) newspapers, periodicals and magazines; (i) in the case of supply of digital content via a non-material medium, which begins with the express agreement and acceptance by the Customer of the fact that in this case he loses the right of withdrawal.
Art. 26. Login credentials
1. The Customer is required to keep the Access Credentials with the utmost care, confidentiality and diligence. He undertakes to immediately communicate to VILLA ALESSANDRO any theft, misplacement or loss, total or partial, of the access credentials or only a part of them and in any case their possible unauthorized use by third parties. The Customer will be responsible for any damage caused to VILLA ALESSANDRO and/or to third parties due to failure to comply with the above.
Art. 27. Disclaimer for content entered by the Customer on the Site
1. Each Customer, after registering on the Site and if possible in the relevant section of the same, can insert comments, reviews and opinions on the Products in the electronic catalogue. This functionality cannot be used for illicit purposes or in violation of current legislation, such as, by way of example and not limited to, to carry out spamming activities or insert defamatory, slanderous, threatening, vilifying, violating the privacy and personal dignity of others, etc.; it is also forbidden to insert propaganda messages, advertising, references to competing sites and companies. The publication of the aforementioned contents is carried out free of charge by the Customer, who can delete the reviews and opinions at any time by accessing the Site with his/her credentials. The Customer acknowledges that any content entered on the Site could be deleted by VILLA ALESSANDRO at any time, for example due to the cessation of the sale of the Product reviewed or due to the closure of the spaces relating to comments, reviews and opinions.
2. VILLA ALESSANDRO has no obligation to monitor the activities carried out by each Customer on the Site pursuant to this article, as provided for by Legislative Decree no. 70/2003. VILLA ALESSANDRO reserves the right to remove any content generated by the Customer if it is made aware or becomes aware in another way of the pursuit of an illicit purpose and/or the violation of one or more of the prohibitions indicated above, and/or an express request is made to this effect by a judicial or administrative body and/or by a third party who believes himself to be harmed by the aforementioned content. In such cases, VILLA ALESSANDRO will communicate the aforementioned measures to the Customer in any way and will have the right to suspend or cancel his account even without notice, without prejudice to any other action for compensation against the person responsible for the violations.
Art. 28. Changes
1. VILLA ALESSANDRO may modify, at any time and without notice, the content of these General Conditions.
2. Any changes made will take effect from the date of publication on the Site, as declared in the heading of the General Conditions themselves.
3. In the event of changes, unless otherwise expressly agreed between VILLA ALESSANDRO and the Customer, the General Conditions in force at the time of the stipulation of the contract shall remain valid for contracts already concluded.
Art. 29. Minor negligence and limitation of liability
1. ITACA is not liable for damages, even to third parties, possibly caused as a result of its own slight negligence.
2. In no case may the sums eventually owed by VILLA ALESSANDRO for any reason or title exceed those paid by the Customer in execution of the Contract.
Art. 30. Intellectual Property Rights
1. All trademarks, as well as any work of the mind, distinctive sign or name, image, photograph, text and more generally any intangible asset protected by the legislation in force regarding intellectual property and industrial property present on the Site are the exclusive property of VILLA ALESSANDRO and/or its licensors and/or their respective owners.
Art. 31. Processing of personal data
1. VILLA ALESSANDRO undertakes to comply with the current legislation on the protection of personal data. The information on the processing of personal data is made available on the Site and can be viewed and stored at any time before the conclusion of the Contract.
Art. 32. Other provisions
1. All purchases of Products and services made through the Site by the Customer who accesses it are governed by these General Conditions as well as by the other provisions and operating instructions contained in the Site. 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 shall prevail.
Art. 33. Complaints and assistance
1. The Customer may make any complaints or request assistance on purchases made by contacting VILLA ALESSANDRO by post at the address VILLA ALESSANDRO,
VILLA ALESSANDRO Via Cesare Cantù , 104 Dogana (RSM) cap 47891 COE 29792 - , by e-mail to info@thediscusguide.com or in any case to the telephone numbers indicated in art. 1, paragraph 1, letter a, of these General Conditions.
2. As provided for in art. 22 of these General Conditions, some Products benefit from the manufacturer's conventional guarantee. In these cases VILLA ALESSANDRO invites the Customer to contact the manufacturer directly, who is a third party with respect to VILLA ALESSANDRO; in case of need VILLA ALESSANDRO remains at the Customer's disposal to communicate the manufacturer's contact details already indicated in the guarantee.
3. Complaints will be processed by VILLA ALESSANDRO as soon as possible; the Customer will receive a response within 5 (five) working days of the report.
Art. 34. Applicable law and competent court
1. The Contract is governed by Sammarinese Law.
2. For any dispute that may arise in relation to the application, interpretation and execution of the Contract, the Court of San Marino will have exclusive jurisdiction, if the Contract is concluded with a Professional Client.
3. Disputes with consumer Customers are devolved to the jurisdiction of the Judicial Authority of the place of residence or domicile of the Consumer Customer.
4. Disputes with consumer Customers residing outside of Italian territory are devolved to the jurisdiction of the Court of San Marino, as the judge of the place where the Contract is executed.