GENERAL TERMS AND CONDITIONS OF SALE Update 01/01/23
1. Applicability These general terms and conditions (“Terms”) govern the sale and supply of Products by Franco Maria Ricci Editore srl (hereinafter, “Franco Maria Ricci Editore”), a company with registered offices at Strada Masone 121, Fontanellato, PR, 43012, Italy, with share capital of 100,000.00 Euro, listed with the Business Registry of Parma with fiscal code and registration number 02763180342 and VAT number 02763180342.
2. Agreement between the Buyer and Franco Maria Ricci Editore 2.1The sending of the purchase order by the Buyer implies full knowledge and acceptance by the latter of these General Conditions of Sale.
2.2 No commitment shall exist between the Buyer and Franco Maria Ricci Editore until Franco Maria Ricci Editore has sent the Buyer an e-mail (to the address indicated by the Buyer) confirming receipt of the purchase order, together with a summary of all the information on the Product and the Service provided to the Buyer immediately prior to the purchase order being sent. There shall be no commitment between the Buyer and Franco Maria Ricci Editore, and therefore no agreement shall be deemed to have been concluded, in the event that evident and recognizable errors or inaccuracies are introduced in compiling the purchase order, for reasons attributable both to the Buyer and to Franco Maria Ricci Editore, such as – merely by way of example and not exhaustively – errors or inaccuracies relating to the Buyer’s Data (including the address indicated for delivery) or relating to the identification and/or selection of the Products and/or the relevant quantities and/or the relevant price. Franco Maria Ricci Editore reserves the right to verify in all cases the accuracy of the prices of the Products indicated in the Catalogue before shipping them and, in the event of error, the purchase order will be cancelled. On the other hand, in the event of difficulties related to delivery to the address indicated, the Buyer will be notified directly to establish an alternative method of delivery of the Product.
3. Definitions for the purposes of these Conditions– in addition to the terms defined elsewhere:
“Catalogue”, shall mean the list of Products that can be purchased by the Buyer through the Site;
– “Consumer Code”, shall mean Legislative Decree no. 206 of 6.9.2005, as amended and supplemented;
– “Conditions”, shall mean these general conditions of sale – as also subsequently amended or supplemented in accordance with article 12 below – together with the relevant annexes and other information published on the Site, which form an integral and substantial part of them, governing the supply of the Service between Franco Maria Ricci Editore and the Buyer;
– “Consumer” shall mean – pursuant to and for the purposes of Art. 3 of the Consumer Code – the person acting for purposes unconnected with their entrepreneurial, commercial, artisanal or professional activity;
– “Data”, shall mean the data communicated by the Buyer and necessary for the fulfillment of all obligations, including tax obligations, required by the legislation in effect at the time for the Service to be provided
– “Service Provider”, shall always mean Franco Maria Ricci Editore;
– “Payment Provider”, shall mean the body – duly authorised pursuant to the laws in effect – that provides the payment service through the use of the Buyer’s credit card;
– “Order”, means the purchase order submitted by the Buyer in relation to one or more Products, by clicking – after having filled in the mandatory fields and having chosen the payment method – on the “Buy” button;
– “Party”, means, individually, Franco Maria Ricci Editore or the Buyer;
– “Parties”, means, collectively, Franco Maria Ricci Editore and the Buyer;
– “Site”, means the Website “francomariaricci.com”;
– “Product”, means each of the products that can be purchased through the Site, as indicated in the Catalogue, including, for example, books, magazines, subscriptions, boxed sets, etc.
– “Product Specifications” means the set of descriptive information on the Product (shown on the Site), including the price;
– “Service” means the service of sale and supply to the Buyer of the Products distributed through the Site, as indicated in the Catalogue, to be considered an integral and substantial part of these Conditions;
– “Buyer” means the physical or legal person who, after the correct and truthful registration of their Data and payment of the fee referred to in Article 6 below, uses the Service.
4. Object 4.1 These Conditions have as their object the supply of the Service, on a non-exclusive basis, by Franco Maria Ricci Editore, concerning the Products, the details of which can be found in the Catalogue and in the individual Product Specifications.
4.2 Franco Maria Ricci Editore regularly updates the information on the availability of the Products indicated on the Site and present in its own warehouses, also by coordinating on an ongoing basis with its suppliers’ network, all through computerised systems. It may happen that during the Order confirmation process, for technical reasons and/or dependent on the suppliers’ systems, not dependent on, and beyond the control of, Franco Maria Ricci Editore, the Product is no longer available. In such cases, Franco Maria Ricci Editore shall take steps to promptly inform the Buyer by e-mail, updating the Order with the deletion of the Product, in order to not be held liable for non-delivery.
5. Customer Service For commercial information on the different ways the Service may be supplied, and the return policy referred to in Article 9 below and on the legal guarantee of conformity referred to in Article 10 below, the offices of Franco Maria Ricci Editore may be contacted by calling or sending an e-mail to the contacts listed on the website https://www.francomariaricci.com/it/contattaci.
6. Fees and Methods of Payment 6.1 The payment methods available are: – Credit Card: the price of the Products purchased will be charged upon receipt of the Order. In the event that one or more Products included in a Buyer’s Order are cancelled, the corresponding price shall be re-credited as soon as Franco Maria Ricci Editore is informed of the cancellation. The sums may be credited back to the Buyer ‘s credit card within 15 working days and according to the modalities referred to in Article 6.2; this term is indicative as the timing depends on the practices of the bank of reference. Franco Maria Ricci Editore uses the Stripe® payment system, which offers high protection for payments made on the Site by credit card. Franco Maria Ricci Editore will not be held responsible for any delays or omissions in crediting the Buyer or for computer fraud of any kind.
6.2 The prices of the Products are clearly indicated on the Product Specifications, in Euro, and are inclusive of VAT. Shipping costs may be added to the price of each Product (to the extent indicated on the Site), the amount of which may vary according to the country of destination of the shipment or the price of the single Product or of the set of Products indicated in the Order. As specified in Article 4, the availability of the Product may be subject to variations based also, and not only, on the request of the Buyer, therefore, in the event that the Product is not available or becomes unavailable during the completion of the Order, the Buyer shall be informed by means of a communication addressed to the e-mail indicated at the time of the Order. In addition to this, Franco Maria Ricci Editore shall promptly release the sums withheld by notifying the payment service provider of reference who, to this effect, shall proceed with the relevant refund to the Buyer. The estimated time for the refund is about 15 (fifteen) working days, without prejudice to the provisions of Article 6.1.
6.3 Franco Maria Ricci Editore reserves the right to change the price of the products, at any time, without notice, it being understood that the price charged to the Buyer shall be the one indicated on the Site at the time of placing the Order and that it shall not take into account any variations (upwards or downwards) following the transmission of the same, except in cases where the prices indicated on the Site with reference to a particular product are disproportionately incompatible with the normal market prices of such product due to obvious clerical errors.
7. Delivery of the Products 7.1 Franco Maria Ricci Editore shall deliver the Products indicated in the Order to the address indicated by the Buyer. Franco Maria Ricci Editore shall not be held liable for any delays due to suppliers and/or carriers: where, exceptionally, a case of unavailability of the Product occurs during the execution of the Order by the suppliers, Franco Maria Ricci Editore shall inform the Buyer by e-mail. Just as in the case of unavailability of the Product referred to in Articles 4.2 and 6.2 above, Franco Maria Ricci Editore shall also in this case promptly begin the reimbursement procedure referred to in Article 6.2 above in favour of the Buyer.
7.2 Franco Maria Ricci Editore may deliver the Products requested in a single Order in several shipments, charging the Buyer only the costs (if any) of the first shipment.
8. Secure Payment 8.1 Payments on the Site are and shall remain protected by Secure Socket Layers (SSL) an advanced network data protection system. SECURE SITE PRO with EV (128-bit Extended Validation SSL) is installed on Franco Maria Ricci Editore’s servers, which encrypts all payment data provided during the Order, to make it unreadable in the event of interception. In this way, all charge data and credit card details are protected. Payment by credit card takes place on a server managed by a third-party company (STRIPE), specialised and duly authorised under the laws in force to perform this service: therefore, credit card details are processed exclusively by the Payment Provider. Franco Maria Ricci Editore, therefore, shall not have access to the credit card data, but shall only manage the Buyer’s Data.
8.2 No responsibility can be attributed to Franco Maria Ricci Editore for any fraudulent use by third parties of the data relating to the Buyer ‘s credit card: in this case, the Buyer shall immediately contact the Payment Provider and, if necessary, the competent Authorities.
9. Return Policy 9.1 Pursuant to and for the purposes of Article 54 of the Consumer Code, the Buyer, acting in the capacity of Consumer, may exercise their right to return the Product within the term of 14 (fourteen) days from its delivery, obtaining a full refund of the amount paid for the purchase of the Product, including the delivery costs incurred. In the event that the Buyer has chosen to have the Products requested in a single Order or in the event of a Product consisting of batches or multiple pieces to be delivered by several shipments, the term for exercising the right to return shall commence with the delivery of the last Product.
9.2 In order to exercise the right to return, the Buyer shall, within the term indicated in paragraph 9.1 above, inform Franco Maria Ricci Editore, before the expiry of the Return Period, of its decision to return or cancel, by registered letter with return receipt or by certified e-mail, to the following addresses
Franco Maria Ricci Editore Srl Strada della Masone 121 43012 Fontanellato (PR) pec address: firstname.lastname@example.org
9.3 Within 7 (seven) days following the date of the notice of return, the Buyer shall return the Product by registered post or by traceable shipment to the following address:
Franco Maria Ricci Editore Srl
Strada della Masone 121
43012 Fontanellato (PR)
bearing the relevant shipping costs in full. Once the Product has been received, Franco Maria Ricci Editore will process the reimbursement through the payment method chosen by the Buyer at the time of the Order.
9.4 The Buyer shall only be liable for any decrease in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature and characteristics of the Product. The Product shall in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, complete with all accessories and instructions, with labels, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and without signs of wear and tear or dirt. Moreover, returns apply to the Product in its entirety. It cannot therefore apply to parts and/or accessories of the Product. In the event that the Product which has been returned has suffered a decrease in value resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount shall be reduced by an amount equal to such decrease in value. Franco Maria Ricci Editore shall notify the Buyer of this circumstance and the consequent reduction in the refund amount within 10 working days of receipt of the Product, and, in the event that the refund has already been paid, provide them with the bank details for the payment of the amount owed by the Buyer due to the decrease in the value of the Product.
9.5 In the event that the return or cancellation has not been exercised in accordance with the provisions of the applicable legislation, it shall not entail the termination of the contract and, consequently, the Buyer shall not be entitled to any reimbursement. Franco Maria Ricci Editore shall notify the Buyer within 10 working days of receipt of the Product, rejecting the return request. The Product will remain with Franco Maria Ricci Editore at the Buyer ‘s disposal for collection, which shall take place at the Buyer’s own expense and responsibility.
10. Legal guarantee of conformity 10.1 Franco Maria Ricci Editore reminds the Buyer that all Products are covered by warranty in the event of manufacturing flaws or defects. In particular, the Buyer acting in the capacity of Consumer shall be entitled to the legal condition of conformity pursuant to and within the limits of the provisions of articles 129, 130, 131, 132, 133, 135, 135-bis, 135-ter, 135-quater of the Consumer Code of the following paragraphs of this article 10. The Buyer who is not a Consumer (i.e. physical or legal persons who have purchased the Products in an entrepreneurial, commercial, artisanal or professional capacity, including (but not necessarily) by requesting that an invoice be issued, indicating their VAT number) shall in any case be entitled to the guarantee for defects pursuant to Article 1490 and subsequent articles of the Italian Civil Code. 10.2 Franco Maria Ricci Editore shall be liable to the Buyer acting in the capacity of Consumer for any lack of conformity of the Product within the limits established by the Consumer Code.
10.3 The Products shall be shipped to the address indicated below with costs borne by Franco Maria Ricci Editore:
Franco Maria Ricci Editore Srl Strada della Masone 121 43012 Fontanellato (PR)
11. Modification of Conditions Franco Maria Ricci Editore undertakes to provide the Service on the terms, conditions and price indicated on the Site. Franco Maria Ricci Editore reserves the right to amend or supplement these Conditions by publishing them on the Site: amendments to the Conditions will be effective from the time of publication on the Site.
12. Buyer responsibility 12.1 The Buyer declares and warrants: (i) that he/she is of age (if a physical person); (ii) that the Data supplied by him/her for the performance of the Service is correct and truthful; (iii) that he/she will update the Data supplied to Franco Maria Ricci Editore whenever necessary; (iv) that he/she has the power to bind the legal person represented by him/her (if a legal person).
12.2 The Buyer undertakes not to use the Service offered in an unlawful or unauthorised manner. 12.3 The Buyer ensures that they are legitimately entitled to provide the information provided at the time of the Order and that this does not violate the rights of third parties.
13. Limitation of liability 13.1 Under no circumstances shall Franco Maria Ricci Editore be held liable for the contents of the Products.
13.2 In any case, Franco Maria Ricci Editore shall not be liable for any failure to supply, or delay in supplying, the Service as a result of circumstances beyond its control or force majeure including, but not limited to, pandemics, natural disasters, adverse weather conditions, sabotage, fires, floods, earthquakes, strikes, malfunctioning of the Service as a result of the malfunctioning of telephone lines, electrical lines and worldwide and/or national networks, such as, by way of example, but not limited to, breakdowns, power surges, or interruptions.
13.3 Without prejudice to what is indicated in Article 13.2 above, the Parties mutually agree and acknowledge that in any and all cases, the liability of Franco Maria Ricci Editore shall not exceed the sums paid by the Buyer to Franco Maria Ricci Editore for the supply of the Service.
14. Intellectual property All information, data, news, and trademarks reproduced and/or any type of content transmitted by Franco Maria Ricci Editore in performance of the Service, are reserved and protected. The Buyer is therefore authorised to use the aforesaid data, information, news and content for exclusively personal use, undertaking not to distribute, disseminate, license or transfer said content by any means, including electronically, by publication, or by transfer to third parties for any reason whatsoever.
15. Prohibition of assignment 15.1 These Conditions and the Service related and consequent thereto are strictly personal in nature and, therefore, the Buyer shall not be entitled to assign or transfer these Conditions, in whole or in part, to third parties for any reason whatsoever, without the prior and express written consent of Franco Maria Ricci Editore.
15.2 The Parties mutually agree and acknowledge that, should the Buyer use the “gift for someone else” option and ask for the Product to be delivered to a third party, the obligations deriving from these Conditions shall in any case bind Franco Maria Ricci Editore and the Buyer, pursuant to art. 1411 of the Italian Civil Code.
16. Applicable law, jurisdiction and competent court 16.1 The Service shall be governed, in addition to these Conditions, by Italian law and, in particular, with exclusive reference to the Buyer who may qualify as a Consumer, by the provisions of Chapter I of Title III of Part III of the Consumer Code.
16.2 Any dispute that may arise between the Parties concerning the validity, interpretation or execution of these Conditions shall be subject to Italian jurisdiction. With the exception of the provisions of Article 66-bis of the Consumer Code and in any case in the event that the Buyer cannot be qualified as a Consumer, the Court of Parma shall have exclusive jurisdiction for the resolution of disputes arising between the Parties.
16.3 For out-of-court settlement of disputes arising in relation to contracts with consumers governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code and pertaining to these Conditions, the Buyer may have recourse to the mediation procedures referred to in Legislative Decree No. 28/2010, or may have recourse to ADR entities through the ODR platform for online dispute resolution, established and managed by the European Commission, and accessible through the following link http://ec.europa.eu/consumers/odr/.
17. Invalidity of Terms and Conditions If for any reason any part of these Terms and Conditions should be invalid or ineffective, the validity and enforceability of the remaining terms and conditions shall remain in full force and effect.
Specific approval clauses pursuant to Articles 1341 and 1342 of the Italian Civil Code. The Buyer declares that he/she specifically approves the following clauses:
13- Limitation of liability;
16- Jurisdiction and competent court.