TERMS OF SALE
These general conditions of sale (hereinafter, the "General Conditions") govern the terms and conditions under which the Customer (as defined below) can make online purchases on the website www.cgems.it, in accordance with the rules set out by Legislative Decree no. 206/2005 and subsequent amendments (hereinafter, the "Consumer Code") and by Legislative Decree no. 70/2003 and subsequent amendments, regarding electronic commerce.
These General Conditions may be updated or modified at any time by C.G. Edizioni Medico Scientifiche S.r.l. a single-member company, which shall provide proper notice thereof on this page. However, it remains understood that in the event of changes to the General Conditions, the General Conditions published on the website www.cgems.it at the time the order is sent by the Customer shall apply to the purchase order.
The online purchase of products on the website www.cgems.it implies full acceptance without reservation of these General Conditions by the Customer. C.G. Edizioni Medico Scientifiche Srl a single-member company therefore requests that each Customer carefully read these General Conditions before engaging in any purchase operations.
The provisions of these General Conditions apply without distinction to all Customers, except for those provisions indicated as being applicable solely to Consumer Customers (as defined below).
Customer: the person who purchases the Publisher's Products online on the Site.
Consumer Customer: means the natural person who purchases the Products offered online on the Site for purposes unrelated to any business or professional activity performed; for the purposes of these General Conditions, it is assumed that a Customer who sends a purchase order for products is not a Consumer Customer when he/she enters a VAT number in the area of the Site relating to the Customer's personal data at the same time. Articles 45 to 67 of the Consumer Code also apply to purchase agreements entered into by Consumer Customers.
Online sales agreement: means the sales agreement concerning the Publisher's Products, entered into between the latter and the Customer as part of a remote selling system using web tools, put in place by the Publisher.
Publisher: C.G. Edizioni Medico Scientifiche S.r.l. a single-member company based in Via Brissogne 11, 10142 Turin (TO), Tax Code and VAT no.: 02571140017.
Products: mainly books, journals, multimedia works, CDs, DVDs, USB drives, reviews, and e-books.
Site: means the site www.cgems.it owned by the Publisher.
2. Purchase procedure
The Publisher provides the Customer a virtual showcase from which it is possible to view and make online purchase of the Products indicated and offered for sale on the Site.
Each Product is accompanied by a fact sheet which briefly indicates its main features and technical specifications. The Products offered for sale are accessible from the home page of the Site within the respective sections by product category.
The sales agreement for the Products indicated and offered for sale on the Site between the Publisher and the Customer is entered into exclusively over the Internet by the Customer accessing the Site where, following the procedure in the "Shopping Cart" section, the Customer may officially send a purchase order for the Products.
Each purchase order may be viewed by the Customer on the Site in his/her personal area.
Once the online purchase procedure has been completed, the Customer may only modify or cancel the order by contacting customer assistance at the telephone number indicated on the Site in the "Contact" section.
By sending the purchase order, the Customer declares that he/she has read all the information provided during the purchase procedure and that he/she fully accepts the General Conditions described therein.
The purchase agreement between the Publisher and the Customer will be deemed finalized when the Customer receives an order confirmation e-mail sent by the Publisher to the e-mail address given by the Customer. This confirmation e-mail will summarize the chosen Products, the relative prices (net of shipping costs), the selected delivery method with relative shipping cost, the delivery address, any billing address if different and entered, the selected payment method, the order number, the order total, the General Conditions set forth therein.Without prejudice to the foregoing, when the Customer's purchase order relates to the subscription to the Publisher's journals, the aforementioned order can only be processed starting from the release of the first issue of the journal to which the subscription is made.
The Customer may not enter any false and/or invented and/or fictitious information during the online purchase order procedure or in subsequent communications with the Publisher. The Publisher reserves the right to legally prosecute any violation and abuse, in the interest of and for the protection of all consumers. Furthermore, the Customer relieves the Publisher of any liability arising from the issuance of incorrect tax documents due to errors relating to the data provided by the Customer, the latter being the only one responsible for the proper entry of his/her information.
Unless otherwise indicated in writing, all prices for the Products shown on the Site are inclusive of VAT. The price for the Products is that indicated in the "Order Confirmation" section on the Site and is also indicated in the corresponding confirmation e-mail from the Publisher. Any previous offers or any price changes made subsequent to those of the prices indicated are not applicable.
4. Payment - Safe payments
During the purchase process, the Customer may choose to pay by:
- Credit card: Nexi, Visa, Mastercard, American Express
- Bank transfer made out to the Supplier with the following bank details:
Banca Carige Italia S.p.a. –IBAN IT85P0617501026000000293020. In the case of such payment, the delivery of the Products to the Customer will not be made until the Publisher has received confirmation from his bank of the payment.
The Publisher uses the VeriSign system, an advanced online data defense system which encrypts information in order to ensure the security and privacy of the data entered by the Customer. The handling and closing of the transaction takes place directly on the Banca Sella server.
5. Delivery methods
The Publisher is able to receive purchase orders over the Site and make deliveries all over the world. Delivery times vary from country to country. For shipments outside of Italy where the site does not offer any delivery options, please check directly with the customer assistance office (firstname.lastname@example.org) for specific shipping conditions and costs.
The delivery times shown on the Site are merely indicative and are based on what is declared by the carriers/shippers, therefore, the Publisher accepts no liability whatsoever in the event of a delay in order fulfillment or delivery for causes not attributable to the conduct of the Publisher.
All deliveries of Products will be at the Publisher's risk. The risk passes to the Customer upon delivery of the Products to the Customer or to a third party designated by the shipper, carrier or other agent appointed by the Publisher for delivery.
Any damage to the packaging and/or the Products or the mismatch in the number of packages or indications must be immediately reported by the Customer to the courier, upon receipt of the Products, by signing the conditional delivery of the package. Furthermore, the Customer is required to notify the Publisher promptly and in any event no more than 8 (eight) days from the date of delivery, any and all problems concerning the physical integrity, correspondence or completeness of the Products received.
For Consumer Customers, the terms specified in the Right of withdrawal shall apply.
Journals, forming part of a subscription as per the customer's purchase order, will be sent by postal subscription.
RIGHT OF WITHDRAWAL
A Consumer Customer may withdraw from the online sales agreement for any reason and without the need to provide explanations, no more than 14 (fourteen) days from receipt of the Products ordered, subject to compliance with the procedures indicated below.
The right of withdrawal is exercised by the Customer sending - before the expiry of the term indicated above - a registered letter with acknowledgment of receipt (hereinafter, the "Notice of Withdrawal") addressed to: C.G. Edizioni Medico Scientifiche S.r.l. a single-member company based in Via Brissogne 11, 10142 Turin (TO).
The Notice of Withdrawal must specify the Customer's desire to withdraw from the online sales agreement and must contain the following information:
- the references of the purchase order;
- the description and reference codes of the Products for which the right of withdrawal is being exercised;
- the customer's bank details.
The Customer agrees to store and keep the Products received and for which he/she intends to exercise the right of withdrawal with the utmost care and diligence, keeping them intact with the original internal and external packaging, as well as with any accessories supplied with each Product. In the case of audiovisual material or computer software, the original packaging must be sealed.
Products with SIAE stamps must be returned with the stamp intact. Returns of items with a broken or missing SIAE stamps will not be accepted.
Following receipt of the Notice of Withdrawal, the Publisher will notify the Customer by e-mail of the methods for returning the products to the Publisher. The Customer agrees to return the Products for which he/she has exercised the right of withdrawal no more than 14 (fourteen) days from the date on which the Customer sent the Notice of Withdrawal to the Publisher, sending the Products to the Publisher's address as indicated above. The direct costs for the return are borne by the Customer.
If the returned Product is damaged during transport, the Publisher will be required to notify the Consumer Customer, in order to allow him/her to promptly file a complaint against the appropriate courier. The Publisher is not liable in any event for the theft or loss of returned Products; any risk therefore shall remain the responsibility of the Consumer Customer.
Once the integrity of the returned Products has been verified, the Publisher will, as soon as possible and in any event no more than 14 (fourteen) days from the day on which it is informed of the Consumer Customer's decision to withdraw from the purchase order, to credit the Consumer Customer the full amount paid for the Products for which he/she has exercised the right of withdrawal.
In the event of damage to the returned Products, the Consumer Customer is solely responsible for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, features and functioning of the goods within the limits of the provisions of Art. 57, paragraph 2, of the Consumer Code.
The Consumer Customer, in accordance with the provisions of Art. 59 letter 1) of the Consumer Code, will not be able to withdraw from orders which related to the purchase (a) of audiovisual material or sealed computer software, which has been opened by the Consumer Customer after delivery, or (b) of journal subscriptions, once 14 (fourteen) days have elapsed from the shipment of the first issue of the journal being subscribed to, as well as (c) of custom or made-to-order Customer goods.
7. DOA (Dead On Arrival) service and warranty
The DOA service is activated in the event that a multimedia work, CD-ROM, DVD-ROM or USB Drive purchased by the Customer, is received by the Customer not working or with obvious defects or manufacturing defects and guarantees free replacement with an equal or equivalent product, subject to availability. The Customer who detects the non-functioning and/or defective Product must notify the Publisher within 5 (five) days following the date of receipt of the same.
The DOA request by the Customer must be made by e-mail to the address email@example.com. This request must contain all of the following information:
a) the references of the order placed for which the DOA service is requested;
b) the description and reference codes of the Products for which the DOA service is requested;
c) a detailed description of the defect or malfunction;
Without the above information, the Publisher will not be able to provide the Customer with the DOA service. Likewise, the Publisher will not be able to provide the DOA service if the relative request from the Customer reaches the Publisher after the aforementioned term of 5 (five) days. The Customer agrees to store and keep the Products received and for which he/she intends to request the DOA service with the utmost care and diligence, keeping them intact with the original internal and external packaging, as well as with any accessories supplied with each Product. Following receipt of the Customer's DOA request, the Publisher, having verified the reasonableness of the request, will notify the Customer of the replacement times and methods.
The DOA Service is not in effect in the event that the defects or, in general, the non-functioning of the Products is caused by improper use of the Product or by tampering done by the Customer after delivery.
8. Legal guarantee of conformity
The Publisher is liable to the Consumer Customer for any lack of conformity existing at the time of delivery of the Product, if the lack of conformity occurs (is manifest) within the term of two years from the delivery of the Product, pursuant to articles 130 and 132 of the Consumer Code.
In the event of a lack of conformity, the Consumer Customer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or termination of the agreement, pursuant to article 130, paragraphs 7, 8 and 9 of the Consumer Code.
The Consumer Customer forfeits the rights recognized to him/her by Art. 130, paragraph 2 of the Consumer Code, if he/she fails to report the lack of conformity to the Publisher within two months from the date on which he/she discovered the defect.
A Customer (who is not a Consumer Customer will in any case be entitled to the warranty for defects pursuant to Art. 1490 and following of the Italian Civil Code.
9. Limitation of liability
In no case shall the Publisher be held responsible for the contents of the Products. In any event, the Publisher is not liable for the failure or delay in fulfilling the Customer's purchase order as a result of circumstances beyond its control or due to force majeure including, but not limited to, natural disasters, adverse weather conditions, sabotage, fires, floods, earthquakes, strikes, defective functioning of the Site resulting from the improper functioning of telephone lines, electricity and global and/or national networks, such as, by way of example but not limited to, breakdowns, overloads, or service interruptions.
Without prejudice to the foregoing, it is understood that the Publisher's liability cannot, under any circumstances, exceed the sums paid by the Customer for the purchase of the Products.
10. Communications and Complaints
All communications or any complaints from the Customer towards the Publisher relating to purchase orders and/or the Products must be addressed to Customer Service, as indicated in the "Contact" area of the Site.
11. Jurisdiction and Competent Court
Any dispute relating to purchase agreements made over the Site is subject exclusively to Italian law.
For any dispute, the Court of Turin will have exclusive jurisdiction, with the exception of disputes with Consumer Customers which will instead be under the jurisdiction of the Court in the place of residence or domicile of the Consumer Customer, if located in Italy.
12. Processing of personal data
For the rules governing the processing of personal data by the Publisher, please refer to the specific dedicated area on the Site.
13. Specific Approval Clauses
The Customer declares that he/she specifically approves pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code: Art. 7 (DOA service and warranty); Art. 9 (Limitation of liability); Art. 11 (Jurisdiction and Competent Court)