ART. 1 PREMISES
- a) the buyer shall not have the right of withdrawal pursuant to Article 10;
- b) the buyer shall not be entitled to the product warranties listed in Article 8 or any other statutory warranties;
- c) the buyer shall not be entitled to any other consumer warranties provided by law.
Art 2. DEFINITIONS
Electronic commerce contract: a contract for the provision of services under which the Seller, or its intermediary, offers goods or services through a website or other electronic means, and the Buyer (consumer) places an order for such goods or services on that website or through other electronic means organized by the Seller.
Contract of sale Any contract under which the Seller transfers, or undertakes to transfer, the ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price
Service contract Any contract other than a contract of sale under which the Seller provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price
Consumer Code The consumer protection regulations set out by Legislative Decree No. 206 of 6 September 2005, as last amended (hereinafter, for brevity, the “Consumer Code”).
Buyer The term Buyer means the consumer or user, a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity they may carry out (Art. 3, letter a, Consumer Code).
Seller The term Seller means a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary (Art. 3, letter c, Consumer Code).
Manufacturer Manufacturermeans the manufacturer of the finished good or one of its components (Art. 115, paragraph 2-bis, Consumer Code).
Conformity to the Contract Goods are Conform to the Contract if, where relevant, they meet the following circumstances: i) they are fit for the purpose for which goods of the same type are normally used; ii) they conform to the description and possess the qualities of the good presented as a sample or model; iii) they possess the usual qualities and performance of a good of the same type that the Buyer can reasonably expect, taking into account the nature of the good and, where applicable, any public statements made by the seller, manufacturer, or their agent or representative regarding the specific characteristics of the goods, in particular in advertising or on the labelling; iv) they are also fit for the particular purpose desired by the Buyer and made known to the Seller at the time of concluding the Contract and that the Seller has also accepted this by conclusive acts (Art. 129, paragraph 2, Consumer Code).
Defective good A good is defective when it does not offer the safety that can legitimately be expected, taking into account all circumstances, including: a) the manner in which the good was placed on the market, its presentation, its apparent characteristics, the instructions and warnings provided; b) the purpose for which the good may reasonably be intended and the behaviour that can reasonably be foreseen in connection with it; c) the time at which the good was placed on the market. A good cannot be considered defective solely because a further improvement has been placed on the market at any time.
- SALE OF GOODS PROMOTED ONLINE
3.1 Under the Contract , the Seller sells to the Buyer, who purchases, through electronic means, the goods offered on the Website.
3.2 The Website blackie-edizioni.it presents the catalogue of goods and/or services promoted online by the Seller. Such goods are represented on the Website accurately.
3.3 The Seller cannot guarantee a precise and exact correspondence between the actual composition of the goods promoted online and their respective representation on the Buyer's monitor. In the event of discrepancies between the image of the goods visible online and the relevant information sheet, drawn up in writing, the latter shall prevail exclusively.
- ONLINE CATALOGUE UPDATE- AVAILABILITY OF GOODS
4.1 The Seller ensures, through its computer system, the processing and fulfilment of the order without delay, in accordance with the procedures set out in Art. 5 of these General terms and conditions of online sale. The Seller's electronic catalogue indicates in real time the goods available and those not available, as well as the estimated times for their shipment. The Seller confirms the successful registration of the order as soon as possible, sending the Buyer the specific confirmation (i.e. Order Receipt) by email.
4.2 If an order exceeds the warehouse availability, or is otherwise unavailable, it is the Seller's responsibility to promptly inform the Buyer of the unavailability of the good in question and, if possible, the waiting times to obtain it, asking again for confirmation of the order according to the different timeframes indicated by the Seller. Such communication will be made by email or telephone.
- DESCRIPTION OF THE TECHNICAL STEPS NECESSARY TO CONCLUDE THE CONTRACT
5.1 The Contract between the Seller and Buyer will be concluded exclusively online. After logging into the e-Shop, the Buyer must follow the procedures/instructions therein indicated to formalise the purchase of the goods and/or services by completing the forms prepared by the Seller. If intending to purchase online, the Buyer must duly select the desired goods and/or services, one at a time, adding them to the cart configured by the Seller. Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by sending the Seller the list of the desired references. Before sending, a sheet will be displayed to confirm the purchase order of the selected goods and/or services, indicating their respective prices, as well as the options available to the Buyer, who will be responsible for determining the delivery, transport and payment methods for the performance of the contract. Through the order confirmation the Buyer undertakes to check and validate, before sending, their personal data, the goods/services subject to the Contract, their prices, any shipping costs and/or ancillary charges, confirming the chosen payment methods and terms, the delivery address, as well as any other requested data. The format of the order confirmation preemptively informs the Buyer about the execution times of the Contract, drawing attention to the right of withdrawal, as well as the other rights reserved by law for the Buyer. Once the required checks have been carried out, it will finally be up to the Buyer to select the interactive button—present at the bottom of the webpage—and click on the box "Confirm the purchase order with the obligation to pay"", thus sending the order to the Seller.
5.2 The online publication of goods and/or services via the Site constitutes a mere invitation to make an offer so that the Buyer may submit a purchase offer; in this sense the order of the Buyer, previously confirmed by the same, constitutes exclusively a contractual offer, subject to these General Terms and Conditions of Online Sale, which the Buyer declares to know and accept. The order confirmation - duly completed and verified according to the instructions - will be acknowledged by the Seller with a receipt sent to the Buyer's email address for the sole purpose of confirming its receipt in the Seller'scomputer system, after which the Seller will begin processing the order, verifying the data provided by the Buyer, such as the availability of what was requested. The receipt from the Seller does not constitute acceptance of the purchase offer. Such receipt - with the attached “Order Number” to be used in all communications with the Seller - restates, in addition to the information required by law, all the above data, which the Buyer will verify again by promptly notifying the Seller of any eventual correction of the case. Should inaccurate pricing or other characteristics of the goods and/or services promoted online be found, such as the unavailability of the requested goods, the Seller will promptly notify the Buyer inviting them to make - if still interested - a correction to the order, or, following the cancellation of the previous one, a new order, according to the methods that will be promptly communicated.
5.3 The Seller has the right to accept, or not, the order sent by the Buyer, without the latter being able to claim any rights and/or demands whatsoever, on any grounds, including compensatory, for the non-acceptance of the order itself. The Contract will only be concluded at the moment when a separate email (or message in the communication center on the Site or equivalent) of acceptance of the purchase offer is sent, which will also contain information relating to shipping and the expected delivery date (Shipping Confirmation). If the order is fulfilled with multiple shipments, the Buyer may receive separate and distinct Shipping Confirmations. The Buyer may, however, cancel their order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case, no cost will be charged. The right of withdrawal under the terms and conditions set out in the following Art. 10 is nevertheless reserved.
5.4 The charge for the amount due will only occur when the goods subject to the order are shipped. Upon receipt of payment for the requested goods/services, the Seller will proceed to issue the relevant tax document
5.5 The Contract will not be concluded and will remain without any effect if the procedure set out in this article is not strictly followed.
5.6 For any eventual error, typo, or problem in completing the online forms and, more generally, in carrying out the purchasing procedures established by the Seller, the Buyeris invited to contact the following email address without delay: info@blackie-edizioni.it.
- PAYMENT OF THE PRICE, TAXES AND ANY ACCESSORY CHARGES
6.1 The Buyer undertakes to pay the price required for the goods purchased online, according to the times and methods indicated on the Site.
6.2 The prices of the goods promoted via the Site, as well as any other charge/expense related to the invitation to make an offer, are expressed in Euros.
6.3 Prices include VAT and any other tax. Shipping costs, as well as any accessory charges, such as customs clearance, if any, are not included in the selling price..
- METHODS, TIMING AND SECURITY OF PAYMENTS AND ANY REFUNDS
7.1 Payment for the goods/services purchased onlinewill be made using the method chosen by the Buyer, from those expressly permitted by the Seller and duly specified in the section of the Site blackie-edizioni.it. The use of the aforementioned payment methods does not entail any additional charge for the Buyer, without prejudice to any costs incurred by the Seller, which must be duly proven and communicated to the Buyer.
7.2 Any eventual refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer, and, in the event of withdrawal, within a maximum of 30 days (thirty days) from the date the Seller has received the returned goods at the delivery address.
7.3 All communications relating to payments will take place on a dedicated encrypted line, which ensures that such information is stored with a high level of security and in compliance with current personal data protection regulations.
- DELIVERY METHODS AND TIMES
8.1 The Seller undertakes to deliver the ordered goods, without unjustified delay, no later than 30 days (thirty days) from the date of conclusion of the Contract, using the methods indicated on the website, or, alternatively, chosen by the Buyer.
8.2 If the Seller is unable to ship within the deadline set out in the previous paragraph, they will promptly notify the Buyer via email or by telephone, using the contact details provided during online registration and the submission of the order by the Buyer.
- METHODS FOR PRESERVATION/STORAGE OF CONTRACTUAL DOCUMENTS
9.1 Pursuant to Art. 12 of Legislative Decree 70/2003, as well as Articles 50-51 of the Consumer Code, the Buyer is informed that each order submitted online will be kept and stored in digital and/or paper format by the Seller, according to appropriate confidentiality and security criteria. For any copies or other requests in this regard, the Buyer is invited to contact the Seller at the following email address: info@blackie-edizioni.it.
- TERMS AND CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL
10.1 The Buyer has the right to withdraw from the Contract, without penalty and without stating a reason, within 14 calendar days from the day on which the Buyer acquires physical possession of the goods.
10.2 The right of withdrawal is exercised by notifying the Seller via email at info@blackie-edizioni.it.
10.3 The return of the goods by the Buyer must take place without delay and, in any case, within 14 days (fourteen days) from the date of purchase. The Buyer is responsible for the costs directly related to returning the goods to the Seller. Every possible precaution must be taken when shipping, using the goods' original packaging or, failing that, equivalent packaging that preserves their integrity and adequately protects them during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address: Blackie Edizioni S.r.l., Via Assab, 1, 20132, Milan (MI), Italy.
10.4 The Seller will issue the refund of the price of the goods for which the right of withdrawal was exercised within 30 days (thirty days) of receiving the returned goods at the delivery address shipped by the Buyer. Generally, the Seller will use the same payment method chosen by the Buyer for the initial transaction, unless the Buyerhas arranged otherwise; in that case, any additional cost resulting from the different payment method chosen will be borne exclusively by the Buyer. The Sellermay withhold the refund until receipt of the goods.
10.5 Returned products must be returned unused, intact, and in a condition suitable for resale, in their original packaging complete with all its parts (including packaging, documentation, and accessories).
10.6 Upon receipt by the Seller of the communication by which the Buyer expresses their intention to exercise the right of withdrawal, all obligations connected to the Contractwill cease, without prejudice to the provisions of this Article.
10.7 In compliance with Art. 59, letter “e” of Legislative Decree 21 of 21/02/2014, the right of withdrawal cannot be exercised for goods that cannot be returned for hygiene reasons or reasons related to health protection. Returns of items intended to come into contact with intimate parts of the body (e.g., briefs, bodysuits, swimsuits, monokinis, etc.) cannot therefore be accepted under any circumstances.
- CONFORMITY GUARANTEE, REPORTING AND ACTIVATION OF PROTECTIONS; OTHER EVENTUAL GUARANTEES
11.1 The Buyer is guaranteed the Conformity of the goods with the Contract for a period of two years (2 years) from their delivery. Unless proven otherwise, any conformity defects that manifest within 6 months (six months) from the date of delivery of the goods are presumed to have existed on that date, unless this is incompatible with the nature of the goods or the conformity defect in question.
11.2 In the absence of Conformity of the Goods with the Contract, the Buyer may alternatively and free of charge request the repair or replacement of the purchased good, or a price reduction, or the termination of the Contract, unless the request is objectively impossible to satisfy, or is excessively onerous for the Seller pursuant to Art. 130, paragraph 4, of the Consumer Code. If the repair and replacement are impossible or excessively onerous, or the Seller has not provided for the repair or replacement of the good within the agreed terms or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Buyer, they may request, at their choice, a price reduction or the termination of the Contract.
11.3 The Buyer shall forfeit any right connected to the Conformity of the Goods with the Contract if they do not report the alleged lack of conformity to the Seller within 2 months (two months) from the date of its discovery. The aforementioned term does not apply if the Seller has expressly acknowledged the defect or has deliberately concealed it. In any case, the report must specify the found non-conformity, as well as at least one photograph of the good in question, all accompanied by a tax receipt from the Seller proving the purchase.
11.4 The Buyer must send the report, and related requests, alternatively to one of the following addresses: i) Blackie Edizioni S.r.l., with registered office in Via Assab, 1, 20132, Milan (MI), Italy for communications via registered mail with return receipt; ii) or, via PEC, to the following certified email address blackiedizioni@legalmail.it, or via ordinary email to the address info@blackie-edizioni.it. Upon receipt of the report/request and related documentation, the Seller will assess the reported non-conformity by the Buyer and, after carrying out the necessary checks, will authorize, or not, the return of the good by providing the Buyer with a “Return Code”, sent by email to the address provided at the time of order submission. The authorization to return the good does not, however, constitute an acknowledgment of the non-conformity. The good - for which the Seller has authorized the return - must be returned to the expressly indicated address, together with a copy of the return authorization bearing the “Return Code” and in full compliance with the precautions referred to in Art. 10.3.
11.5 If the Seller is required to refund, in whole or in part, the price paid to the Buyer, the refund will be made, where possible, by the same payment method used by the Buyer at the time of purchase of the good, or, alternatively, by bank transfer. It will be the responsibility of the Buyer to communicate to the Seller, already at the time of the report/request, the bank details to carry out the bank transfer in their favor and to enable the Seller to be in a position to return the amount due.
11.6 The right to replacement is nevertheless subject to the following conditions:
1) the purchased good must be returned unused, intact, and in conditions to be resold, in its original packaging complete in all its parts (including packaging, documentation, and accessories);
2) the shipment, until the confirmation of receipt at our warehouse, is under the complete responsibility of the customer. We are not responsible in any way for damage or theft/loss of returned goods with uninsured or untracked shipments (e.g. priority mail).
3) in case of damage to the good during transport, it will be our responsibility to promptly inform the customer of the event (within 5 business days from receipt of the good) to allow them to file a complaint against the courier they chose and obtain the refund of the value of the good (if insured);
4) if, instead, the return arrives intact in all the above points, it will be our responsibility to refund the cost of the merchandise only (not the shipping costs) within 30 days from receipt of the return.
11.7 All products (excluding underwear and perishable goods) can be exchanged provided they are returned in their original sales conditions, i.e., unused or unworn, with intact packaging, eventual packaging material and warranty seals.
Product exchange can be carried out within and no later than 14 days (fourteen days):
- for in-store purchases: from the date of purchase;
- for online: from the moment of receipt of the package;
- for orders with Local Pick Up: from the moment the order is marked as “completed”.
Products can be exchanged under the same conditions as above but only with other discounted products in the same product category.
Shipping costs are always borne by the customer, unless the returns are caused by defective products or order errors committed by Blackie-Edizioni itself.
- NON-ATTRIBUTABLE BREACHES - UNAUTHORIZED PAYMENTS
12.1 The Seller is not responsible for the failure or delay in the performance of the Contract if this depends on service failures attributable to force majeure, fortuitous event, or otherwise not attributable to the Seller.
12.2 The Seller assumes no responsibility for any fraudulent, unlawful, or irregular use of credit cards, checks, or other means of payment, attributable to willful or negligent conduct, even for slight negligence, by the Buyer with respect to the obligations of custody and timely notification to the issuer of the aforementioned means of payment.
- DEFECTIVE PRODUCTS, COMPENSABLE DAMAGES AND RELATED BURDEN OF PROOF
13.1 The Manufacturer is responsible for damages caused by defects in the goods promoted/sold through the Site. Pursuant to Art. 116 of the Consumer Code, it will be the Seller who is responsible for the damage caused by a defect in the sold good, if they fail to communicate to the injured party, within three months from the request referred to in the following third paragraph, the identity and domicile of the Manufacturer, or of the intermediary who has supplied them with the good in question.
13.2 The injured party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of a thing other than the defective good, provided it is normally intended for private use or consumption and used in such a manner by the injured party. In this latter case, pursuant to Art. 123 of the Consumer Code, damage to a thing other than the defective good will only be compensable to the extent exceeding the sum of €387.00 (three hundred eighty-seven euros). In any case, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The request for damages, which must be made exclusively in writing, must specify the good that caused the damage, as well as the date and place of its purchase. Furthermore, if it still exists, it will be the responsibility of the injured party to offer the good in question for inspection, according to the instructions provided by the Manufacturer, or Seller, or by third parties indicated by them.
13.4 Compensation for damages will be excluded if the injured party, aware of the defect in the good and the associated dangers, nevertheless voluntarily exposed themselves to them. In the presence of fault on the part of the injured party - who, using ordinary diligence, could have avoided the damage suffered – the requested compensation will be excluded or reduced in proportion to the gravity of the fault attributable to the victim.
13.5 Any liability for the consequences arising from a defective good is to be excluded if the defect itself is attributable to the conformity of the good to a mandatory legal provision, or other binding measure, or if the state of scientific and technical knowledge at the time the good was placed on the market did not yet allow it to be considered defective.
- SPECIFIC HYPOTHESES OF AUTOMATIC TERMINATION OF THE CONTRACT
14.1 The timely payment for goods purchased online, pursuant to Art. 6.1 of these General Terms and Conditions of Online Sales, such as the payment of any additional charge and/or commitment referred to in Art. 6.3, are considered essential obligations of the Contract.
14.2 Unless justified by fortuitous event or force majeure, the breach of the aforementioned obligations will result in the automatic termination of the Contract pursuant to Art. 1456 of the Civil Code.
- PROCESSING OF THE BUYER'S PERSONAL DATA (REFERRING TO SPECIFIC PRIVACY NOTICES)
15.1 The Seller protects the personal data of the Buyer, ensuring full compliance of its processing with the relevant regulations and, in this case, with Regulation 679/2016 as well as the relevant national provisions (Privacy Code, as last amended by Legislative Decree 101/2018).
15.2 For details, refer to the Privacy and Cookies Policies available on the site; users are hereby informed that the personal data provided by the user, acquired through browsing the Site , will be collected and processed electronically/computerized, and, where appropriate, in paper form, for the following main purposes: i) recording the order; ii)performance of the Contract and related communications; iii) fulfilling legal obligations; iv) managing business relationships to better perform the requested services.
- SELLER AND BUYER CONTACT DETAILS
16.1 Official communications addressed to the Seller, as well as any complaints from the Buyer, will only be valid if sent via Registered Mail with Return Receipt to Blackie Edizioni S.r.l., with registered office in Via Assab, 1, 20132, Milan (MI), Italy, or forwarded via email to the following address info@blackie-edizioni.it, or to the following certified email address (PEC) blackiedizioni@legalmail.it.
16.2 The Buyer shall indicate at the time of registration on the Site or in the order confirmationform, their residence or domicile, the related telephone contact details, and the email address to which communications from the Sellerwill be sent.
- AVAILABLE LANGUAGES AND OVERSEAS AVAILABILITY OF THE SITE
17.1 The Site and related services are available in Italian.
17.2 These General Terms and Conditions of Online Sales are available in Italian. If translated into other languages, the only authoritative version will be the Italian one.
17.3 Accessible from computers, tablets, smartphones or other devices, wherever located, the Website promotes goods and/or services intended primarily for the national market. Orders from third countries, unless otherwise specified, will be accepted and fulfilled in accordance with the agreements. In such cases, unless otherwise agreed, delivery will take place at the Seller's premises. The Seller/Operator reserves, however, the right to suspend/terminate, with short notice and without any penalty, any activity of promotion, marketing, sale, supply of goods and/or services through the Website, should legal/tax/customs obstacles, or, in any case, objective obstacles (and not subjective ones related solely to the geolocation of the User), prevent the receipt of the order and/or the performance of the Contract with Users residing or domiciled in third countries.
18 ONLINE OUT-OF-COURT DISPUTE RESOLUTION
18.1 In accordance with EU Regulation 524/2013, the Buyer is informed of the option to refer the resolution of any dispute with the Seller - regarding the offer and purchase of the goods and/or services promoted online - to bodies/companies/offices active in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution), through simple, fast and inexpensive web procedures (so-called ODR - Online Dispute Resolution).
18.2 For any information on the aforementioned ODR procedures, please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
- COMPETENT COURT AND LAW APPLICABLE TO THE CONTRACT
19 .1 Any dispute between the Seller and Buyer relating to the Contract, and its performance, shall be governed by Italian law and adjudicated, unless otherwise specified, by the judges of the consumer court. The Buyer shall be guaranteed, in any case, the rights conferred by the mandatory consumer protection laws in force in their respective country of residence and/or domicile.
19 .2 For the reference rules regarding the competent court and applicable law to the Contract , please refer to art. 66 bis of the Consumer Code, art. 18 of EU Reg. 1215/2012, art. 6 of EU Reg. 593/2008, and finally, arts. 3 and 57 of Law no. 218/1995.