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1.1. These General Conditions govern the methods of access and use of the Website by the Users, as well as the offer and sale of Products and Digital Content, in addition to the methods of use of the latter.
1.3. Users are therefore invited to carefully read these General Conditions in their entirety before continuing to browse the Web Site and/or purchase Products and/or Digital Content, or use them. In case of doubts about the applicability of the General Conditions, Users may at any time contact PICCIN using the contact details indicated in Art. 23.
2. OWNER OF THE WEBSITE
2.1. The owner of the website is Piccin Nuova Libraria S.p.A., with head office in Via Altinate, 107 - 35121 Padova (PD), Italy VAT and tax code 01524160288, e-mail firstname.lastname@example.org, in the person of its legal representative pro tempore.
3.1. For the purposes of these General Conditions the following definitions apply:
4.1. These General Conditions govern:
4.1.1. the application of the General Conditions to Users (Part A)
4.1.2. the purchase of Products and Digital Content by the Users (Part B)
4.1.3. the use of the Digital Content (Part C)
4.1.4. how to exercise the right of withdrawal, industrial and intellectual property rights, responsibilities and final clauses (Part D)
5. APPLICABILITY AND ACCEPTANCE OF THE GENERAL CONDITIONS
5.1. These General Conditions apply to all Users of the Website.
5.2. Access to the Web Site by the User, the permanence and/or maintenance of the session, navigation, registration and access to restricted areas, the creation of an Account, the request for information using the appropriate forms, as well as any action contrary to the closure of the Web Site itself, constitute full acceptance of these General Conditions, in the version in force and published.
Any changes to the General Terms and Conditions will be made available on the Website. The changes will be considered known with their publication and, unless otherwise indicated, accepted the first time the User accesses and/or uses the Website following publication.
5.4. If the User does not intend to accept the General Conditions, he/she may not use the Website and/or proceed to purchase Products and/or Digital Content, or use them in any way.
6. CREATION OF AN ACCOUNT
6.1. In order to be able to purchase Products and/or Digital Content, and to use the latter, it is necessary to create an Account, according to the procedures indicated on the Website and in compliance with the provisions of this Art. 6.
6.2. The Account is individual and nominative, and may be used exclusively by the User to whom it refers. The Account cannot be sold and/or transferred and/or used by anyone other than the User.
6.3. The Account can only be created by Users of legal age according to the applicable law (Art. 24).
6.4. Each User is personally and directly responsible for the data communicated during the creation of the Account or through the appropriate tools available.
6.5. Any errors in entering data for the purpose of creating the Account may result in the impossibility of proceeding with the purchase of Products and/or Digital Content, as well as errors in terms of accounting and/or administration.
6.6. Users can update their Account data through the tools made available on the Website.
6.7. PICCIN reserves the right to ask the User for further documentation in order to verify the accuracy of the data entered.
6.8. Users are directly responsible for any activity on their Accounts, as well as for the management and secrecy of their Account access data (login and password). Any violation or abnormal use of their account must be promptly reported to PICCIN.
7. BUSINESS ACCOUNT CREATION
7.1. In case of Accounts created by bookshops, agencies and/or distributors, it is possible to associate special conditions to the same, agreed upon from time to time with PICCIN (so-called Business Accounts).
7.2. For this purpose, the bookstore, agency and/or distributor, after creating the Account, must send an email to PICCIN requesting to associate the Account to the special contractual conditions agreed upon, as well as the data necessary for invoicing.
7.3. If the special conditions include discounts and/or vouchers and/or special shipping methods, these will be applied automatically during the purchase phase (see Art. 8).
7.4. The provisions of Art. 16 (Right of withdrawal) do not apply to Business Accounts.
8. PURCHASE OF PRODUCTS AND/OR DIGITAL CONTENT AND CONCLUSION OF THE CONTRACT
8.1. The User may purchase Products and/or Digital Content present on the Website exclusively through an Account.
8.2. Once the User has selected the Product and/or Digital Content to be purchased, he/she must place it in the shopping cart and then submit a purchase order through the Website.
8.3. The submission of an order by the User is equivalent to an irrevocable purchase proposal and implies full knowledge and acceptance of these General Conditions, as well as the obligation to pay PICCIN the price of the Products and/or Digital Content that is the object of the proposal.
8.4. After having sent the order, the User will receive a confirmation e-mail from PICCIN. This communication only indicates that the purchase order has been accepted by the computer systems and does not imply the conclusion of the purchase contract.
8.5. PICCIN reserves the right to accept all or part of the purchase order submitted by the User within 10 working days (e.g. in the event of non-availability of Products and/or Digital Content).
8.6. PICCIN will consider the order to be accepted only when it receives confirmation that the Products have been shipped to the User and/or when the Digital Content has been made accessible/supplied (e.g. by means of a coupon, code or other suitable instrument), and only for the Products and/or Digital Content to which the confirmation refers.
In case of non-acceptance or partial acceptance of the User's purchase order, PICCIN shall refund the User the amount paid for the Products and/or Digital Content not supplied within 30 working days from the order.
9. DESCRIPTION OF THE PRODUCTS AND/OR DIGITAL CONTENT
9.1. The characteristics of the Products and/or Digital Content are described in the relevant technical information sheets published on the Website, together with the methods for accessing and using them, where necessary.
9.2. The information in the information sheets is extracted directly from the Products and/or Digital Content and is prepared by the authors of the manuals. PICCIN has no responsibility for the information contained in these fact sheets and/or for any errors that may appear in them.
10. PURCHASE PRICE OF PRODUCTS AND/OR DIGITAL CONTENT
10.1. The prices of the Products and/or the Digital Content are indicated in their respective presentation sheets.
10.2. The User is aware that in the case of Digital Content, the price indicated on the Website refers to the purchase of a non-exclusive user licence to access the same exclusively through the tools made available on the Website (Art. 12). This licence may be limited in time, as indicated in the presentation sheets.
10.3. Unless otherwise expressly provided for, the prices on the Website and indicated in the data sheets of each Product and/or Digital Content are inclusive of VAT. The prices do not include any transport costs and/or costs for other additional services that may be requested by the Customer.
10.4. The price of the Products and/or Digital Content indicated on the Website and viewable by the User when choosing the Product and/or Digital Content will be the price in force at the time the User sends the order and will correspond to the purchase price.
10.5. The User is aware that, despite PICCIN's efforts to keep the pages presenting the Products and the Digital Content up to date, there may still be errors on the Web Site regarding the actual characteristics of the Products and/or the real availability and/or price.
10.6. PICCIN reserves the right to modify the price of the Products and/or Digital Content present on the Website at any time, at its sole discretion and without prior notice.
10.7. PICCIN does not guarantee that the sale price of Products or Digital Content will remain unchanged for a certain period of time.
11. DIGITAL CONTENTS SUPPLIED WITH THE PRODUCTS
11.1. In some cases, Digital Content may be provided to Users as a result of the purchase of certain Products (e.g.: by means of coupons, QR codes, vouchers, codes, etc. present in printed books).
11.2. These General Conditions, including Part C, concerning the modalities of use of the same, apply to such Digital Content.
12. ACCESS TO THE DIGITAL CONTENT
12.1. The Digital Content is accessible exclusively through the Account with which it is associated.
12.2. Some Digital Content may also be provided with the Products (e.g.: codes present in the Products and/or QR codes, see Art. 11). In this case, the User will have to redeem the codes provided through an Account in order to access the Digital Content.
12.3. PICCIN reserves the right to verify the actual purchase of the Digital Content by the User.
12.4. If the user does not purchase the Digital Content and/or the Products with which the Digital Content is associated, PICCIN may inhibit the use of the Digital Content and block the Account.
12.5. The Digital Content can only be accessed remotely, through the use of telematic communication infrastructures. It is therefore not possible to access the Digital Content offline or without an Internet connection.
12.6. The User is responsible for independently verifying the compatibility of the Website and the Digital Content with his/her own network infrastructure and with the IT tools used by him/her (e.g.: with the computer network, the smartphone and/or the computer used).
12.7. Any interventions on the computer network, or on the devices used to access the Website and/or the Digital Content, must be carried out by the User, at his/her own expense.
13. USE OF DIGITAL CONTENT
13.1. The Use of the Digital Content is personal and individual, as well as linked to the Account.
13.2. No commercial use of the Digital Content may be made by Users.
13.3. In particular, Users must not:
13.3.1. download and print the Digital Content;
13.3.2. access and/or reproduce and/or use the contents for purposes other than those of study, training and/or personal and individual study;
13.3.3. download, distribute, transfer, display, sell, license, alter, modify, reprocess the Digital Content without specific authorization from PICCIN and/or the respective rights holders;
13.3.4. use the Contents in a non-compliant manner, or in any case circumvent the technical measures provided by PICCIN to verify the correct use of the same for the purpose of issuing certificates and/or statements;
13.3.5. circumvent the Website's technical protection measures, including security features or features that prevent or limit the copying or other use of the Digital Content or impose limitations on the use of the same;
13.3.6. access the Digital Content using automated means of analysis, extraction and copying (such as robots, botnets or scraping tools)
13.3.7. misuse any reporting and/or dispute procedure made available to Users
13.3.8. use the Website to access and enjoy the Digital Content for other than personal and non-commercial purposes (for example, you may not screen the Content or stream it publicly or other websites).
13.4. The prohibition to transfer the Account as provided for in Art. 6.2. remains unaffected.
14. DURATION OF ACCESS TO DIGITAL CONTENT
14.1. Unless otherwise provided for, the licence on the Digital Content is perpetual and is linked to the Account with which the Digital Content is associated.
14.2. In case the license on the Digital Content is limited in time (e.g.: 1 year from purchase), this will be expressly stated in the presentation sheet of the Digital Content or in other documents subject to specific agreement between PICCIN and the Users.
14.3. Upon expiry, the User will no longer be able to access the Digital Content and will have to make a new purchase of the same, in the manner indicated in these General Conditions.
15. OTHER APPLICATIONS RELEASED BY PICCIN
15.1. PICCIN may, at its discretion, make available to Users specific Applications (e.g. web based applications, mobile apps, etc.) to access the Digital Content.
15.2. Some Digital Content may also be accessible exclusively through Applications released by PICCIN.
15.3. Each Application may provide for specific general conditions of use, but these General Conditions will apply to anything not specified and/or waived therein.
15.4. Users must independently verify the compatibility of such Applications with their own computer systems before purchasing Digital Content.
16. RIGHT OF WITHDRAWAL
16.1. Pursuant to Articles 52 et seq. of the Consumer Code, the User who purchases as a consumer (pursuant to Legislative Decree 206/2005, for purposes unrelated to his professional activity) is entitled to withdraw from the contract within 14 (fourteen) days from receipt of the product without any penalty.
16.2. In the case of separate delivery of several Products, ordered with a single order, the term of 14 (fourteen) days for the exercise of the right of withdrawal starts from the day in which the last good is delivered.
16.3. The User may exercise the right of withdrawal through the tools made available on the Website. Alternatively, the User may send a PEC or a registered letter with acknowledgement of receipt to the addresses indicated in Art. 23, expressing his intention to exercise the right of withdrawal.
16.4. Within 14 days from the day in which the User has communicated the intention to withdraw from the contract, the Product for which the right of withdrawal is exercised must be returned by sending it to the address indicated in Art. 23. The costs of the return shall be borne by the User, under the conditions and terms set out in Article 57, paragraph 1, of Legislative Decree 206/2005.
16.5. The returned Product must be intact, in its original packaging, complete with all accessories and any manuals, without any defects and any Digital Contents must not have been used and/or associated to any Account.
16.6. Once the product has been received and its integrity has been verified, as well as the fact that any associated Digital Content has not been used, PICCIN will proceed without delay, and in any case within 14 days from receiving the returned product, to reimburse the User, using the same means of payment used by the latter during the purchase phase.
16.7 Withdrawal is excluded in the cases envisaged by Art. 59 of Legislative Decree 206/2005, and in particular
16.7.1. in the case of goods made to measure or customised;
16.7.2. in the case of audio/video recordings (e.g. CDs and DVDs) and sealed computer software that have been opened after delivery;
16.7.3. in the case of supply of digital content by means of a non-material medium if performance has begun with the consumer's express agreement and his acceptance that he would then lose his right of withdrawal.
16.8. In particular, in the case of Digital Contents (even if supplied with the Products) the User is aware and expressly accepts, pursuant to Art. 59, letter O), Legislative Decree 205/2005, that the association of the Digital Contents to an Account corresponds to the complete performance of the service, and that once associated said Digital Contents to the Account it will no longer be possible to exercise the right of withdrawal.
17. COMMENTS AND REVIEWS OF PRODUCTS AND/OR DIGITAL CONTENT
17.1. The Users may comment and/or review the Products and/or the Digital Content through the tools made available on the Website.
17.2. Users are solely responsible for what they put on the Web Site.
17.3. PICCIN reserves the right to remove users' comments and/or reviews if they contain:
18. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
18.1. PICCIN is the owner and/or licensee of the industrial and intellectual property rights relating to the website, the Products and the Digital Content.
18.2. The following elements are considered protected: the Products, the Digital Content, the texts, the Web Site, the algorithms used, the databases, the Applications, the design, the interface, the software, the trademarks, the logos, the graphic elements, the domain name, the databases, the slogans and, more generally, any content of a creative nature present on the Web Site.
18.3. These General Conditions do not give rise to any total or partial transfer of the industrial and intellectual property rights referred to above to users, who remain the property of PICCIN and/or third parties.
18.4. The Web Site and/or the Contents may also contain trademarks, domain names, company names, firms and signs owned by third parties. These signs, which are the property of their respective owners, are only used to indicate the origin of certain products and/or services and their characteristics. In order to verify the possibility of using these industrial and intellectual property rights, please refer to the specific owner of the rights.
19. EXEMPTIONS OF LIABILITY
19.1. PICCIN will not be responsible for damages deriving to the User from any loss of profits and/or earnings caused by the use of the Website and/or the Products and/or the Digital Content, or in any case by the failed or anomalous functioning of the latter, or for cases in which they are temporarily or permanently inaccessible.
19.2. PICCIN will also not be responsible for any failure to achieve the results that the User intends to obtain through the use of the Website and/or the Digital Content, or for any breach of law committed by the User, or by third parties, through the use of the Website and/or the Content.
19.3. The User is aware that he/she can access the Digital Content exclusively through the Website and/or the Applications. Therefore, PICCIN will not be held responsible for the cancellation and/or modification of the Digital Content, or for the closure and/or termination and/or permanent blocking of the Website and/or Applications necessary to use the Digital Content.
19.4. In any case, without prejudice to the mandatory legal limits, PICCIN's liability for damages of any kind arising from the use of the Web Site will be limited to cases of malice or gross negligence and within the limit of the refund of the amount paid by the User during the last calendar year.
19.5. PICCIN will not in any case be held responsible for any incompatibility of the website and/or the Digital Content and/or malfunctions resulting from hardware/software modifications made by the User on his/her own computer systems.
20. INFORMATION ON THE PROCESSING OF PERSONAL DATA
21. ACCOUNT SUSPENSION AND DELETION
21.1. PICCIN reserves the right to suspend the Account and block access to the Website and/or Digital Content if the Account is used in violation of these general conditions.
21.2. If the Account is cancelled, all of the User's data will be removed, and the Digital Content will be made unavailable from the personal area.
22.1. PICCIN may at any time make changes to these General Conditions, making them known through a new publication on the Website.
23.1 All reports to PICCIN should be sent to the following address:
PICCIN NUOVA LIBRARIA SPA
Via Altinate, 107
35121 Padua, Italy
24. APPLICABLE LAW AND COMPETENT COURT
24.1. The applicable law is Italian law. The Court of Venice shall have exclusive jurisdiction over any dispute concerning the execution or interpretation of the Contract.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the User, after having taken careful and specific knowledge and vision, approves and expressly accepts the following clauses: 6 (CREATION OF AN ACCOUNT); 7 (CREATION OF A BUSINESS ACCOUNT); 10 (PURCHASE PRICE OF PRODUCTS AND/OR DIGITAL CONTENT), 14 (DURATION OF ACCESS TO DIGITAL CONTENT); 16 (RIGHT OF WITHDRAWAL), 17 (COMMENTS AND REVIEWS OF PRODUCTS AND/OR DIGITAL CONTENT), 19 (EXEMPTIONS FROM LIABILITY), 21 (SUSPENSION AND CANCELLATION OF THE ACCOUNT), 24 (APPLICABLE LAW AND COMPETENT COURT).