Updated on: 26 APRIL 2018
UNIVERSITÀ CATTOLICA INVITES YOU TO READ THESE “SALE CONDITIONS” CAREFULLY BEFORE PURCHASING PRODUCTS ON THE SITE
Please note: this Sale Conditions was originally written in Italian and has been translated into English for easy reference only. The Italian version will be considered definitive for any questions of interpretation.
- PURCHASE MODALITIES
- PRICES AND AVAILABILITY OF PRODUCTS
- DELIVERY AND PICK-UP MODALITIES
- PAYMENT MODALITIES
- RIGHT OF WITHDRAWAL AND REIMBURSEMENTS
- LEGAL GUARANTEE OF CONFORMITY
- COMMUNICATIONS AND COMPLAINTS
- INTELLECTUAL PROPERTY RIGHTS
- APPLICABLE LAW – JURISDICTION
- PROCESSING OF PERSONAL DATA (PRIVACY)
- OUT-OF-COURT SETTLEMENT OF DISPUTES AND CODE OF ETHICS
These Sale conditions are aimed at governing the purchase of products and services made remotely and made available through the internet, by the site http://libreria.vitaepensiero.it (hereinafter, the Portal).
The products available on the Portal consist mainly in books and merchandising products; the available services, on the other hand are those linked with the sale of the aforementioned products. All the offered products and services are illustrated in detail in the home page of the Site within the respective sections, divided by product category “The Catalogue”, “The Adoptions” and “the Merchandising”.
The professional pursuant to art. 3, c. 1, letter c, of the Consumer Code is Università Cattolica del Sacro Cuore (hereinafter, the Bookshop) with registered offices in Via Largo Gemelli 1, 20123 Milan, VAT number and registration number EAI 02133120150.
All purchases of products and services made through the Portal by the users that have access to it are governed by the Sale Conditions and by other operating indications contained in the same Portal. In the event of any disputes, the Sale Conditions prevail.
Except for that provided by article 49, paragraph 5 of the Consumer Code, the Bookshop may change the contents of the Sale Conditions as per this document at any time and without notice.
Any changes made will be effective starting from the date of publication on the Portal, as declared in the heading of the Conditions themselves, and, with the exception of changes which result in benefits for the Client, will only be applicable to purchase orders sent by the Client in compliance with art. 2 of these Sale Conditions after the date of publication.
- PURCHASE MODALITIES
The products you wish to purchase, present on our site, can be selected and put in the basket by clicking the appropriate key.
Once your selection is complete, you can access the summary page, where you will be able to see, and possibly change, the list of your purchases, before proceeding to confirm the basket.
Publication of the products and services displayed on the Portal is an invitation made to the Client to formulate a contractual purchase proposal. The order sent by the Client has the value of a contractual proposal and implies complete knowledge and full acceptance of these sale Conditions.
Correct receipt of the Client’s order is confirmed by the Bookshop through an automatic reply sent to the e-mail address notified by the Client.
Such a communication only confirms the correct receipt of the purchase proposal within the IT systems of the University; the confirmation message will indicate a “Client Order Number”, to be used in every future communication.
The message will also provide, in addition to information obligatory by law, all the data entered by the Client, who commits himself to checking that they are correct and to communicating any corrections immediately.
Each order can be displayed on the Portal by the Client, in his own personal area, immediately after it has been sent.
Each Purchase Contract stipulated between the Bookshop and the Client must be understood as concluded with acceptance of the order by the Bookshop. The Bookshop has the option of accepting or refusing, at its own discretion, the order sent by the Client, without the latter being able to make any claims or enforce any rights of any sort, for any reason, including those for compensation, if the order is not accepted. The acceptance of the Bookshop is considered tacitly given, if not communicated otherwise to the Client within 48 hours of sending the order, via an e-mail message sent to the address notified by the Client.
After the Bookshop has sent the confirmation reply, if the Bookshop (due to errors of a technical or formal nature) discovers that the price and/or the characteristics, published on the Site, of the products and services included in the Client’s Proposal, are not correct, the Bookshop shall give express communication of this to the Client with an invitation to make a new proposal if he is still interested.
- PRICES AND AVAILABILITY OF PRODUCTS
All the prices of the products are clearly indicated on the Site and must be understood as including VAT and any WEEE contribution where applicable.
Prices do not include any further and different taxes, dues or customs duties ordered by the relevant applicable legislations, such as those concerning imports. Where necessary, the Client must therefore take measures to clear the imports through customs and pay the customs duties and taxes (other than VAT) which may be due in the import Country.
If a product is presented on the Portal without the icon “put in the basket”, it means that it is not available for sale through the Portal.
The prices and availability of the products are subject to change at any time and without notice, notwithstanding that, limited to the orders being accepted or as accepted above by the Bookshop, the sale conditions in force at the time the Client sends the order will be applied.
The products available for delivery are displayed in the Portal.
The warehouse is always well stocked but some titles in the catalogue may not be immediately available at the time of the order. Therefore the Client must pay attention to the delivery times indicated on each product information notice.
Such availability and the relevant delivery times of the products are merely indicative, since they are not updated in real time; also, in consideration of the possible simultaneous order on the Portal of the same product by more than one Client, or the possible order by the same Client, of more than one example of the same product, the actual availability of the individual products may vary considerably during the same day with respect to the indications given on the Portal itself.
Notwithstanding the fact that the credit card is charged only when the order is “Ready for delivery” (i.e. when the IT system has ensured that the ordered products are available for delivery), the Bookshop will deliver the purchased products in conformity with and subject to their actual availability.
Therefore, the Bookshop reserves the right, unless requested otherwise, to proceed with carrying out the order only when all the purchased products are available for delivery.
If the delivery times of the ordered product undergo delays with respect to the delivery times indicated on the Portal before the order, the Bookshop shall communicate this to the Client immediately by email to the address indicated by the Client.
Up to the time of delivery by the Bookshop, communicated to the Client through the update of the information contained in his personal area, the Client has the option at any time to cancel the order or change it, exclusively by following the specific procedures and technical functions shown in his own personal area.
The image of the products on the Portal, 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 Bookshop about the exact correspondence of the image shown on the Portal with the real product, this with particular regard to its actual size and/or colour. Moreover, in the event of a difference between the image and the written product information, the description of the product information always prevails.
- DELIVERY AND PICK-UP MODALITIES
The Client may check the availability of the order product at any time by accessing his own personal area on the Portal. If several products have been ordered with different availability times, delivery will be made when the available product is next ready to be delivered.
On completion of preparation of the order, the Client will receive a communication that delivery is taking place in the email box indicated during registration; this communication will also contain the code and link for following the delivery.
Deliveries are made all over Italy by express courier. For deliveries overseas you can contact the Bookshop to define the modalities.
We recommend that you check that the delivery address is correct and guarantee that someone will be home to collect. Otherwise, you will be contacted at the phone number indicated at the time of the purchase.
The delivery days indicated when you purchase are understood as working day. No day or time for receiving the goods can be agreed.
The cost of each delivery, the amount of which may vary according to the delivery and payment modalities and the total amount of the order, is added to the total price of each order and is clearly indicated and communicated to the Client, through the Portal, before the order is concluded; the aforementioned delivery cost will also be indicated in the Client’s personal area until the order is carried out.
The Bookshop also guarantees the possibility of picking up the purchased goods free of charge from the University’s Bookshops:
- Vita e Pensiero Bookshop, Largo Gemelli, 1 – Milan
- Bookshop, Via Trieste, 17/D - Brescia
Students, academic and administrative staff at the University can also pick-up products purchased on-line at the reference points. At the time of purchase, therefore, from the delivery methods, just select the preferred pick-up point from those indicated. A communication will be sent to inform you about the availability of the products at the indicated place so that you can proceed with the pick-up.
Delivery times at universities are restricted to the internal delivery service.
The products will be kept on hold for a period of 10 days after which the purchase order is considered cancelled and the products will return to the Bookshop stocks. The Bookshop will reimburse the Client, if he has paid by credit card, the price of products not delivered within 5 days of when the products return to stocks and the relevant order shall be understood as automatically and finally cancelled, excluding any further reciprocal claim, for any reason.
Unless notified otherwise to the Client by the Bookshop, delivery of the products to the indicated address is considered to take place on ground level. When the products are delivered by the courier, the Client must check (a) that the number of parcels is the same as that indicated in the transport document and (b) that the packaging is intact, not damaged or in any case deteriorated, also in the sealing materials.
Any damages to the wrapping and/or products or if the number of parcels or indications are wrong, must be disputed immediately by the Client, writing “ACCEPTANCE WITH RESERVATION” on the courier’s delivery receipt. Also, the Client must notify immediately – and in any case not later than 8 (eight) days after delivery is made, - the Bookshop about any and every possible problem regarding the physical intactness, correspondence or completeness of the received products.
For the purpose of delivering the ordered products, the presence of the Client or a person appointed by him in the place indicated by the same and on the day indicated for the delivery is always requested. In the absence of the Client (or the appointed person), the courier will leave a notice of a second delivery for the following working day and a phone number so that a different delivery date can be agreed.
If the second delivery attempt is also unsuccessful, the purchase order is understood as cancelled and the products shall return to the Bookshop stores. In this case, the Bookshop will reimburse the Client, if he has paid by credit card, the price of products not delivered within 5 days of when the products return to stocks and the relevant order shall be understood as automatically and finally cancelled, excluding any further reciprocal claim, for any reason.
Cases of force majeure, non-availability of transport means, unforeseeable or unavoidable events which cause a delay in deliveries or make deliveries difficult or impossible or which cause a significant increase in delivery costs for the Bookshop will entitle the Bookshop to split up, postpone or cancel, all or part of the delivery or to cancel the purchase order. In such cases, the Bookshop shall give immediate and adequate notification of its decisions to the email address indicated by the Client and the latter shall be entitled to the return of the price – including delivery costs – which may have already been paid, excluding any further claim, for any reason, against the University.
- METHODS OF PAYMENT
Payments of orders stipulated through the Portal may only be made by credit card, PAY PAL, culture bonus (Teacher’s card or APP18). The Client is obliged to choose, at the time the purchase is concluded, the pre-selected payment method. Once the order is confirmed the latter may no longer be changed.
Cash payments or payments by bank credit transfer are not accepted.
If the Client chooses PayPal as the method of payment, he will be readdressed to the www.paypal.it web site where he will pay for the products according to the procedure provided and governed by PayPal. The data entered on the PayPal site will be processed directly by the same and shall not be transmitted or shared with the Bookshop.
The PayPal account will be charged only when the order is ready for delivery and, in the case of partial delivery, only for products which are actually sent.
In the event of cancellation of the purchase contract and in any other case of reimbursement, for any reason, the reimbursement amount shall be credited to the Client’s PayPal account. The times for re-crediting the payment instrument linked to such an account depend exclusively on PayPal and the banking system. Once the credit order is made in favour of such an account, the Bookshop may not be held responsible for any delays or omissions in crediting the Client the reimbursement amount. The Client must contact PayPal directly for any complaints.
Accepted credit cards are: Visa, VPay, Mastercard, Maestro, Nexi, Masterpass, Postepay.
If the Client purchases the products with payment by credit card, the reference bank immediately checks the validity of the credit card, but the card will only be charged when the order is ready for delivery and, in the case of partial delivery, only when the articles are actually present.
Information concerning the purchaser’s credit is sent via a protected connection directly to the web site of the bank handling the transaction.
Culture bonus (18app and the Professor’s Card)
payment purposes it is also possible to use the ministerial vouchers dedicated to eighteen-year olds and professors with permanent tenure, according to the procedures indicated in Decree of the Prime Minister no. 136 dated 4 August 2017 and Decree of the Prime Minister dated 28 November 2016.
If the Client should proceed with payment through 18app and the Professor’s Card he must follow the following steps:
- select the chosen articles and move them to the basket
- select as method of payment 18app or the Professor’s Card
- display the total of the purchase (ATTENTION: ministerial vouchers do not entitle you to discounts on the products)
- access the personal page 18app/the Professor’s Card WITHOUT closing the Portal’s payment screen
- generate the voucher for a value corresponding exactly to the total of the purchase. (IMPORTANT: you cannot use a voucher for a higher or a lower amount)
- return to the Portal’s payment screen and enter the alphanumeric code in the box on the payment page.
The voucher cannot be used for purchasing merchandising products. In the case of a “mixed” basket, you must remove merchandising products from the basket before paying with the ministerial voucher.
- RIGHT OF WITHDRAWAL AND REIMBURSEMENTS
The Client is entitled to withdraw from the purchase at any time and without the need to give any explanations within 14 days of the date of receipt of the products, subject to observing the following procedures.
The Client must return the product by sending the delivery involved in the withdrawal using a courier of its own choice. The products must be sent, within and no later than 14 days starting from the date when the Client has notified his own decision to withdraw from the contract, to the following address: Libreria Vita e Pensiero, Largo Gemelli1, 20123 Milan.
The direct costs for returning the goods shall be charged to the Client, deducting where necessary from the amounts due the costs not incurred by the Client.
If the client intends exercising the right of withdrawal in the cases as per Article4, last paragraph, the Client must send a request to the address firstname.lastname@example.org . If the Client intends exercising withdrawal of the order after faulty or non-conforming products have been sent, the Client must send a request to the address email@example.com
In withdrawal cases, the Bookshop will notify the Client immediately through an e-mail message indicated by the latter, that the withdrawal has been confirmed, indicating (i) the number of the return file and (ii) the address of the Bookshop store to which the returned product has been sent.
The Client must make the return by sending the products involved in the withdrawal, by a courier of its own choice. The products must be sent, within and no later than 14 days starting from the date when the Client communicated his own decision to withdraw from the contract.
In observance of the instructions received from the Bookshop, the Client shall be responsible at his own cost, in the case of withdrawal as per article 4, last paragraph, and the University shall be responsible at its own cost, in the case of withdrawal for faulty or non-conforming products, for sending and returning the products to the Bookshop.
No parcels sent using different modalities from those communicated by the Bookshop will be accepted.
For the purposes of the valid exercise of the aforementioned withdrawal right, the Client must respect the following conditions and modalities:
- the withdrawal may apply also only to individual products forming the object of one single purchase order, without prejudice to the fact that the withdrawal applies to the product as a whole and i.e. the Client may not exercise the withdrawal just to one part of the individual purchased product (e.g. only one Compact Disc within one box of compact discs);
- the purchased products in relation to which the Client has exercised the right of withdrawal must be intact and shall be returned in their original wrapping, complete in all their parts (including the wrapping material and any accessory documentation); in particular, if the products are composed of audio-visual products or magazines, the wrapping seals and/or SIAE marks must not be broken or removed, any enclosures to the volume (CD-ROM, access codes, etc.) must be returned together and still sealed/intact;
- if the returned product is damaged during transport, the Bookshop is obliged solely to notify the Client of the fact in order to allow him to make an immediate report to the courier he has selected, so that he may make a claim against it (and or the relevant insurance company).
For Università Cattolica Merchandising, the right of withdrawal will be applied exclusively for those products returned in their original conditions. No reimbursements will be made if the products have been used except for just being opened and if the products are damaged or in different conditions from the sale ones.
The right of withdrawal cannot be exercised by the Client for all those volumes which are indicated as not returnable at the time of purchase.
The University is not liable in any way for thefts or losses of products being returned; any relevant risk therefore is exclusively that of the Consumer Client.
Once the products have been received and they have been checked to ensure they are intact, if they aren’t damaged, The Bookshop will reimburse the Client the amount paid for the returned products, within 14 days of the return of the products and in any case in conformity with the relevant terms and procedures provided by article 57 of the Consumer Code.
The Client expressly consents to the fact that the reimbursements mentioned above should be made by reversal of the charge of the amount made on the Credit Card indicated by the Client.
In every case of failure to observe the conditions and modalities for exercising the withdrawal laid down in this article and in the event of damage to the products for causes other than transport of the same, the purchase order shall remain valid and effective and the University shall return the improperly returned products to the Client, charging the same with the correlated delivery costs.
Products purchased via 18 APP and the Professor’s Card shall be reimbursed exclusively by allocation by the Bookshop of a purchase voucher to be used for future purchases, also on-line, at the Bookshop. This reimbursement method will also be applied if the product is non-conforming, faulty or missing.
It is not possible to ask for the return of the amount or to use the voucher for purchasing different products from those provided by applicable regulations.
- LEGAL GUARANTEE OF CONFORMITY
Up to the end of two years from the delivery of the products, the University is liable as far as the Clients are concerned, in compliance with artt. no. 130 and no. 132 of the Consumer Code, for any conformity defects in the products existing at the time of delivery, with particular regard to products which are faulty or damaged.
The Client is no longer entitled to the rights recognised by art. no. 130, paragraph 2, of the Consumer Code if he does not report to the University any conformity fault found within 2 (two) months of the date he has discovered the fault.
The Bookshop shall make every diligent effort to replace, under its own responsibility and at its own cost, with other products of the same quality and title available in its own, those delivered products which are damaged and faulty, as long as the Client has returned the same in their original packaging (complete with all the parts they are composed of). If it is not possible to replace them with the same product (for example, because they are no longer in the catalogue), the Bookshop will reimburse the Client the amount paid for the faulty product, with the exclusion of further responsibility for the University for any reason.
- COMMUNICATIONS AND COMPLAINTS
All communications or any complaint from the Client made to the University regarding purchase orders must be addressed to the Bookshop responsible for managing the Portal, by sending an e-mail to the address firstname.lastname@example.org
- INTELLECTUAL PROPERTY RIGHTS
All trademarks (registered or not) and any and all intellectual works, distinctive signs or names, images, photographs, written or graphic texts or more in general any other intangible asset protected by international laws and agreements regarding intellectual property and industrial property reproduced on the Portal remain the exclusive property of the Bookshop and/or of its assignees, without the Client being entitled to any right on the same, from access to the Portal and/or from stipulation of the purchase Orders. This utilisation, even when only partial, of the same is banned without the prior written authorisation of the University, in favour of which all relevant rights are exclusively reserved.
10. APPLICABLE LAW - JURISDICTION
The purchase order between the Client and the Bookshop is understood as concluded in Italy and governed by Italian Law.
Any dispute is subject exclusively to the Jurisdiction of Milan, except for disputes with Consumer Clients which, instead shall be subject to the Jurisdiction of the place of residence or domicile of the Consumer Client.
11. PROCESSING OF PERSONAL DATA (PRIVACY)
For regulations concerning the processing of personal data by the Bookshop reference should be made to the area of the dedicated site at the following address https://www.ucsc.it/privacy
12. OUT-OF-COURT SETTLEMENT OF DISPUTES AND CODE OF ETHICS
The Client has the option of seeking an out-of-court settlement of disputes relating to the consumer relationship at chambers of commerce, industry and agriculture in compliance with law 29 no. 580 dated December 1993, and to resort to mediation procedures as per Legislative Decree 28/2010 and subsequent amendments, at the conditions provided by the authority chosen by the Client which will administer such proceedings. This is without prejudice to the possibility of using voluntary and equal negotiation procedures provided by art. 2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures provided by services charters.
The Bookshop informs the Consumer Client about the existence of the Code of Ethics adopted by the University and available on the following link https://www.ucsc.it/about-university-statute