Online Store Rules for terre.it
- Definitions
For the purposes of these general terms and conditions of sale on the terre.it website, and in addition to the other definitions contained therein, the following terms shall have the meanings set forth below:
1.1 “General Terms and Conditions”: all the terms and conditions of sale on the terre.it website, applicable to the contractual relationship between Terre di Mezzo and the Customer.
1.2 “Terre di Mezzo”: is a trademark of Cart’armata Edizioni srl, owner of the terre.it website, which intends to sell its products online. VAT number 11319850159, share capital €52,000, REA number MI – 1455676.
1.3 “Products”: consist of the books or gadgets included in its product range.
1.4 “Customer”: is the purchaser of the products who has the status of a consumer, meaning a natural person who makes the purchase for purposes not related to any commercial or professional activity.
1.5 “Site”: the set of web pages relating to the terre.it website. - Scope of Application – Effects
2.1 The General Conditions constitute an integral part of any proposal, purchase order, and purchase order confirmation for the Products marketed on the terre.it website, in effect on the date of the relevant order.
2.2 The General Conditions concern exclusively sales to a consumer Customer, as specified above. - Contract Formalization
3.1 All contracts are concluded exclusively through the Customer’s access to the Website, using remote communication technology via the Internet.
3.2 All purchase orders sent to Terre di Mezzo must be accurately completed in every part and must contain the necessary information to accurately identify the Products ordered, the Customer, and the delivery location.
3.3 The purchase order sent to Terre di Mezzo constitutes the Customer’s online contractual offer.
3.4 The order confirmation from Terre di Mezzo, sent to the Customer at the email address provided, confirms the order details and constitutes acceptance of the contractual offer.
3.5 The contract is deemed concluded and binding on both parties when the purchase order confirmation is sent to the Customer.
3.6 Terre di Mezzo reserves the right not to accept incomplete or incorrectly completed orders. - Delivery Times and Methods
4.1 Terre di Mezzo will deliver the selected and ordered Products to the Customer, according to the methods described in the previous article, using trusted couriers and/or shipping agents or via postal service.
4.2 Delivery times, pursuant to Article 61 of the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments), are no more than 30 days from the day following the day the order is placed with Terre di Mezzo.
4.3 Delivery of the Products is subject to payment by the Customer of the relevant price, using the payment method chosen from those made available by Terre di Mezzo.
4.4 The tax documentation (invoice) is issued by Terre di Mezzo upon shipment, together with the purchased product, and will be made out using the user ID provided when registering on the terre.it website. - Prices
5.1 All Product prices listed on the Site are expressed in euros.
5.2 Unless otherwise indicated, Product prices include VAT and any other taxes.
5.3 The prices of individual Products, as indicated on the Site from time to time, cancel and replace any previous prices.
5.4 The prices applied are those indicated on the Site at the time the Customer places the purchase order. - Product Characteristics and Availability
6.1 Products are not provided on a trial basis. The Customer is responsible for choosing the Products ordered and ensuring they meet their needs. - Terre di Mezzo’s Liability
7.1 Terre di Mezzo assumes no liability for disruptions attributable to force majeure of any nature or type, in the event it is unable to execute the contract within the agreed timeframe. Force majeure includes, but is not limited to, measures taken by public authorities, strikes by Terre di Mezzo’s own employees or by the carriers used by Terre di Mezzo, as well as any other circumstances beyond its control. - Customer Obligations
8.1 The Customer undertakes, once the online purchase procedure has been completed, to print or save in electronic format and to retain these General Conditions.
8.2 The information contained in the General Conditions must be reviewed and accepted by the Customer before sending the purchase order, in order to ensure fully comply with the conditions set forth in Articles 49 and 51 of the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments). This information includes, in particular, the conditions, terms, and procedures for exercising the right of withdrawal, as well as the existence and location, within the Site’s online interface, of the digital withdrawal function referred to in Article 54-bis of the Consumer Code, as described in Article 9.3 below. Acceptance is confirmed by marking the appropriate box on the site. Failure to do so will result in the order not being processed. - Right of Withdrawal
9.1 Pursuant to Articles 52 et seq. of the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments), the consumer Customer has the right to withdraw from the contract within 14 days, without having to provide any reason and without penalty, by returning any ordered Products already delivered.
9.2 The 14-day period begins on the day the Customer (or a third party designated by the Customer, other than the carrier) acquires physical possession of the goods; in the case of multiple goods ordered in a single order and delivered separately, the period begins upon receipt of the last good.
9.3
The right of withdrawal must be exercised by the Customer, within the aforementioned period, by means of an explicit and unequivocal declaration of the intention to withdraw, to be sent in one of the following ways:
– by completing the specific withdrawal form available at terre.it/recesso (“Withdraw from the contract here”), as required by Article 54-bis of the Consumer Code;
– by using the standard withdrawal form in Annex I, Part B, of the Consumer Code;
– by sending a written communication (email, certified email, or registered mail) to Terre di Mezzo – Via Calatafimi 10 – 20122 Milan, or to [email protected].
The Customer will receive confirmation of receipt of the withdrawal notice from Terre di Mezzo on a durable medium (e.g., email), indicating the content, date, and time of transmission.
9.4 The Customer cannot exercise the right of withdrawal in the cases provided for by Article 59 of the Consumer Code, including personalized or made-to-measure products according to the Customer’s specifications.
9.5 In the event of withdrawal exercised according to the methods and terms indicated above, Terre di Mezzo will refund all payments received from the Customer, including any standard delivery costs incurred (excluding any additional costs resulting from choosing a delivery method other than the least expensive one offered).
9.6 The refund is free of charge and will be made without undue delay and in any case within 14 days from the date on which Terre di Mezzo becomes aware of the exercise of the right of withdrawal, using the same payment method used by the Customer for the purchase, unless otherwise expressly agreed, and in any case at no additional cost to the Customer. Terre di Mezzo may withhold the refund until receipt of the returned goods or until the Customer demonstrates having shipped them, whichever is earlier.
9.7 The Customer is required to return the returned Products within 14 days from the date on which they communicated to Terre di Mezzo their decision to withdraw. The deadline is met if the Products are shipped before its expiration.
9.8 Returned Products must be returned intact, in their original packaging where possible, and without signs of wear other than those necessary to verify their nature, characteristics, and functioning. The Customer is responsible for any diminished value of the goods resulting from handling other than that necessary for their intended purpose.
9.9 The only costs borne by the Customer for exercising the right of withdrawal are those directly incurred for returning the Products to Terre di Mezzo, unless Terre di Mezzo has agreed to bear them or has failed to inform the Customer.
9.10 Under no circumstances will cash-on-delivery or freight collect packages be accepted. - Payment and Shipping Methods
10.1 The Customer can pay for the Products ordered by credit card via Stripe (www.stripe.com). Payment is made entirely via the Stripe infrastructure, certified according to the PCI-DSS Level 1 security standard and protected by an encrypted connection using the TLS (Transport Layer Security) protocol, the current standard for secure data transmission over the Internet. Credit card data is neither managed nor stored by Terre di Mezzo: it is acquired directly by Stripe, which charges the amount only when the order is ready for shipment.
10.2 By completing the appropriate space on the Site, the Customer authorizes Terre di Mezzo to use the payment methods for which prior authorization is required.
10.3 Shipping costs will be calculated based on the shipping location. After entering the A complete order summary, including shipping costs, will appear at the address. You can then choose your payment method. - Product Guarantees
11.1 Terre di Mezzo guarantees that the Products delivered are identical to those listed on the Site, but assumes no responsibility for the quality, packaging, and labeling of products not manufactured by Terre di Mezzo, without prejudice to the Customer’s right of withdrawal and the provisions of the following paragraphs regarding the legal guarantee of conformity. Terre di Mezzo guarantees only the physical integrity of the Product packaging at the time of delivery.
11.2 With regard to Products packaged and labeled by Terre di Mezzo, the latter assumes responsibility only for packaging and compliance with applicable labeling regulations.
11.3 Pursuant to Articles 128 et seq. of the Consumer Code, Terre di Mezzo is liable to the Consumer Customer for any defects in the Products existing at the time of delivery and which become apparent within 24 months of delivery. In this case, the Customer has the right, at their discretion and within the limits established by law, to repair or replacement of the Product free of charge or, if applicable, to a price reduction or termination of the contract.
11.4 The Customer forfeits the right to the legal guarantee of conformity if they fail to report the defect to Terre di Mezzo within 2 months of discovering it.
11.5 The costs of replacement, repair, or return of non-compliant Products shall be borne by Terre di Mezzo. - Disputes
12.1 Any dispute relating to the application, execution, interpretation, and breach of the contract entered into online by the Customer with Terre di Mezzo is subject to Italian jurisdiction.
12.2 Any disputes between the parties shall be subject to the exclusive jurisdiction of the Court in whose jurisdiction the Customer’s residence or domicile is located, if located in Italy, as this is a mandatory jurisdiction pursuant to Article 33, paragraph 2, letter u), of the Consumer Code.
12.3 If the Customer is domiciled or resident in another Member State of the European Union, Regulation (EU) No. 1215/2012 (“Brussels I-bis”) shall apply: the Customer may sue Terre di Mezzo either before the Italian courts or the courts of the Member State in which they are domiciled; Terre di Mezzo may instead bring proceedings against the Customer exclusively before the courts of the Member State in which they are domiciled.
12.4 If the Customer’s domicile or residence is outside the territory of the European Union, the Court of Milan shall have exclusive jurisdiction.