Sales Conditions

The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out.

Supplier Identification

The goods subject to these general conditions are offered for sale by Effatà Editrice SAS di P. Pellegrino with registered office/branch in Cantalupa, Via Tre Denti no. 1, registered with the Chamber of Commerce of Turin under no. 09655250018 in the Business Register, tax code 09655250018 VAT number 09655250018 hereinafter referred to as the “Supplier.”

Art. 1
Definitions

1.1. The term “online sales contract” refers to the contract of sale of the Supplier’s movable material goods, entered into between the Supplier and the Buyer within the framework of a distance selling system through telematic tools, organized by the Supplier.
1.2. The term “Buyer” refers to the individual consumer making the purchase under this contract for purposes not related to any commercial or professional activity.
1.3. The term “Supplier” refers to the subject indicated in the heading or the entity providing information services.

Art. 2
Object of the Contract

2.1. Under this contract, the Supplier sells and the Buyer purchases, respectively, the movable material goods indicated and offered for sale on the website https://editrice.effata.it.
2.2. The products referred to in the previous point are illustrated on the web page: https://editrice.effata.it/negozio

Art. 3
Contract Formation Procedure

3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer accessing the address https://editrice.effata.it, where, by following the indicated procedures, the Buyer will formalize the proposal for the purchase of goods, i.e., the contract for the purchase of goods as per point 2.1 of the preceding article.

Art. 4
Conclusion and Effectiveness of the Contract

4.1. The purchase contract is concluded by accurately completing the request form and the consent to purchase expressed through the online submission or by completing the form/module attached to the online catalog at the address https://editrice.effata.it/checkout and subsequently sending the same form/module, always after viewing a printable web page summarizing the order, including the details of the ordering party and the order, the price of the purchased goods, shipping costs, and any additional charges, payment methods and terms, the delivery address, delivery times, and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, they send a confirmation email or display a confirmation and summary web page, printable, containing the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.

Art. 5
Payment and Refund Methods

5.1. Any payment by the Buyer can only be made by one of the methods indicated on the Supplier’s dedicated web page.
5.2. Any refund to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, promptly and, in case of exercising the right of withdrawal, as regulated by art. 13, points 2 and following of this contract, within 30 days at most from the date on which the Supplier became aware of the withdrawal.
5.3. All communications regarding payments take place on a dedicated line of the Supplier protected by encryption. The Supplier guarantees the storage of this information with an additional level of security encryption, in compliance with the provisions of the current legislation on the protection of personal data.

Art. 6
Delivery Times and Methods

6.1. The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or indicated on the website at the time of offering the goods, as confirmed in the email at point
6.2. Shipping times can vary from the same day as the order to a maximum of 15 working days from the confirmation of the order. If the Supplier is unable to ship within this period but, in any case, within that indicated in the following point, timely notice will be given via email to the Buyer.
6.3. The methods, times, and costs of shipping are clearly indicated and highlighted at the address https://editrice.effata.it/spedizioni.

Art. 7
Prices

7.1. All sales prices of the products displayed and indicated on the website https://editrice.effata.it/negozio are expressed in euros and constitute an offer to the public under art. 1336 of the Italian Civil Code.
7.2. The sales prices, as per the previous point, include VAT and any other applicable taxes. Shipping costs and any additional charges (e.g., customs clearance), if applicable, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Buyer submits the order and also contained on the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.

Art. 8
Product Availability

8.1. The Supplier ensures through the telematic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real-time, in its electronic catalog, the availability of products as well as shipping times.
8.2. If an order exceeds the quantity available in the warehouse, the Supplier, via email, will inform the Buyer whether the item is no longer available for reservation or what the waiting times are to obtain the chosen item, asking whether they intend to confirm the order or not.
8.3. The Supplier’s computer system confirms the registration of the order in the shortest possible time by sending the User a confirmation email, in accordance with point 4.2.

Art. 9
Limitations of Liability

9.1. The Supplier assumes no responsibility for disruptions attributable to force majeure in the event it is unable to fulfill the order within the times specified in the contract.
9.2. The Supplier cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for malfunctions or dysfunctions connected to the use of the Internet outside its control or that of its subcontractors.
9.3. The Supplier will not be liable for damages, losses, and costs incurred by the Buyer due to the non-execution of the contract for reasons not attributable to it, with the Buyer having the right only to the full refund of the amount paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks, and other means of payment, for the payment of purchased products, provided it can demonstrate having adopted all possible precautions based on the best science and experience of the moment and ordinary diligence.
9.5. Under no circumstances can the Buyer be held responsible for delays or errors in payment if they demonstrate having made the payment within the times and methods indicated by the Supplier.

Art. 10
Defect liability, proof of damage, and compensable damages: Supplier’s obligations

10.1. Pursuant to Articles 114 and following of the Consumer Code, the Supplier is liable for damage caused by defects in the sold goods if it fails to communicate to the Injured Party, within 3 months of the request, the identity and domicile of the manufacturer or the person who supplied the goods.
10.2. The Injured Party’s request must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to inspect the product if still in existence.
10.3. The Supplier shall not be held responsible for consequences arising from a defective product if the defect is due to product conformity, a mandatory legal standard, or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer circulated the product did not yet allow considering the product defective.
10.4. No compensation will be due if the Injured Party was aware of the product defect and the resulting danger and nonetheless voluntarily exposed themselves to it.
10.5. In any case, the Injured Party must prove the defect, damage, and the causal connection between the defect and damage.
10.6. The Injured Party may seek compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and is primarily used by the Injured Party.
10.7. Damage to property under Article 123 of the Consumer Code will be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).

Art. 11
Warranties and assistance procedures

11.1. The Supplier is responsible for any potential lack of conformity that manifests within 2 years of delivering the goods.
11.2. For this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally intended; b) they conform to the description given by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) they have the usual quality and performance of goods of the same type, which the Consumer can reasonably expect, considering the nature of the goods and, if applicable, public statements about specific characteristics of the goods made by the Seller, the manufacturer, or their agent or representative, particularly in advertising or labeling; d) they are also suitable for the particular use intended by the Consumer and communicated to the Seller at the time of contract conclusion, and which the Seller has accepted through conclusive conduct.
11.3. The Buyer loses any right if they do not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
11.4. In any case, unless proven otherwise, conformity defects manifesting within 6 months of delivery are presumed to have existed at that date, unless this assumption is incompatible with the nature of the goods or the nature of the conformity defect.
11.5. In the case of a lack of conformity, the Buyer may request, alternatively and without expenses, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the resolution of this contract, unless the request is objectively impossible to satisfy or excessively burdensome for the Supplier according to Article 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, who will indicate their readiness to comply with the request or the reasons preventing them from doing so, within 7 working days from receipt. In the same communication, if the Supplier has accepted the Buyer’s request, they must indicate the shipping or return methods of the defective goods as well as the expected deadline for the return or replacement of the defective goods.
11.7. If repair and replacement are impossible or excessively burdensome, or if the Supplier has not carried out the repair or replacement of the goods within the aforementioned period, or, finally, if the replacement or repair previously carried out has caused significant inconvenience to the Buyer, they may, at their choice, request a reasonable price reduction or the resolution of the contract. In this case, the Buyer must send their request to the Supplier, who will indicate their readiness to comply with it or the reasons preventing them from doing so, within 7 working days from receipt. In the same communication, if the Supplier has accepted the Buyer’s request, they must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer’s responsibility to indicate the methods for refunding the sums previously paid to the Supplier.

Art. 12
Buyer’s obligations

12.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. Once the online purchase procedure is completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges this, as this step is mandatory before the purchase confirmation.

Art. 13
Right of withdrawal

13.1. The Buyer has, in any case, the right to withdraw from the concluded contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receiving the purchased goods.
13.2. In the event that the professional has not fulfilled the obligations to inform about the existence, methods, and times of return or withdrawal of the goods in case of exercising the right of withdrawal under Article 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, they must notify the Seller by registered letter with return receipt to the address Effatà Editrice SAS – Via Tre Denti, 1 – 10060 Cantalupa (TO), or by fax to the number 0121/353839, or by email to the email address info@effata.it, provided that such communications are confirmed by sending a registered letter with return receipt to the address Effatà Editrice SAS – Via Tre Denti, 1 – 10060 Cantalupa (TO) within 48 (forty-eight) hours. The stamp affixed by the post office on the issued receipt will be binding between the Parties. For the purpose of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided it is within the same terms. The date of delivery to the post office or carrier will be binding between the Parties.
13.4. The return of the goods must take place no later than 30 (thirty) days from the date of receiving the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of preservation.
13.5. The Buyer cannot exercise the right of withdrawal for contracts involving the purchase of sealed audiovisual products or computer software that has been opened, as well as custom-made or clearly personalized goods. This also applies to goods that, by their nature, cannot be returned or are at risk of rapid deterioration or alteration. Exemptions include the supply of newspapers, periodicals, and magazines, as well as goods whose prices are linked to fluctuations in financial market rates beyond the control of the professional, and any other cases specified in Art. 55 of the Consumer Code.
13.6. The only expenses due by the Consumer for exercising the right of withdrawal under this article are the direct return costs of the goods to the Supplier unless the Supplier agrees to bear them.
13.7. The Supplier will provide a free refund of the entire amount paid by the Buyer within 30 (thirty) days from the receipt of the withdrawal notice.
13.8. Upon receiving the notice in which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided in the preceding points of this article.

Art. 14
Causes of Resolution

14.1. The obligations of the Buyer, as stated in point 12.1, including the guarantee of the successful payment made by the Buyer through the means specified in point 5.1, and the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential. Thus, by explicit agreement, the non-fulfillment of only one of these obligations, unless caused by force majeure, will result in the automatic resolution of the contract under Article 1456 of the Civil Code, without the need for a judicial decision.

Art. 15
Privacy Protection and Buyer’s Data Processing

15.1. The Supplier ensures the privacy of its customers and guarantees that data processing complies with privacy regulations, as per Legislative Decree of June 30, 2003, no. 196, and subsequent amendments. The data collected is processed for the purpose of order registration, activation of procedures for contract execution, necessary communications, legal obligations, and effective management of commercial relationships.
15.2. The Supplier, Paolo Pellegrino, as the data controller, collects and processes personal data in various forms, ensuring confidentiality and not disclosing them to unauthorized persons or for purposes other than those for which they were collected.
15.3. Personal data will be treated confidentially, and the Supplier undertakes not to disclose or use them for purposes other than those for which they were collected, except upon request by the judicial authority or other legally authorized authorities.
15.4. Personal data will be communicated, under a confidentiality commitment, only to subjects delegated to carry out activities necessary for the execution of the contract, strictly within that scope.
15.5. The Buyer has rights according to Article 7 of Legislative Decree no. 196/2003, including the right to update, rectify, integrate data, request deletion, transformation into anonymous form, or blocking of data processed unlawfully.
15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer’s request cannot be processed.
15.7. In any case, acquired data will be stored for a period not exceeding that necessary for the purposes for which they were collected or subsequently processed, with secure removal.

Art. 16
Contract Archiving

16.1. According to Article 12 of Legislative Decree no. 70/2003, the Supplier informs the Buyer that every order sent is digitally/paper archived on the server/at the Supplier’s premises according to criteria of confidentiality and security.

Art. 17
Communications and Complaints

17.1. Written communications and any complaints addressed to the Supplier are considered valid only if sent to the following address: Effatà Editrice – Via Tre Denti, 1 – 10060 Cantalupa (TO), or sent by fax to the number 0121/353839 or emailed to info@effata.it. The Buyer indicates in the registration form their residence, domicile, telephone number, or email address for communications from the Supplier.

Art. 18

Dispute Resolution

18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Turin and resolved according to its adopted conciliation regulations.
18.2. If the Parties intend to bring the matter before the ordinary judicial authority, the competent court is that of the place of residence or elected domicile of the Consumer, as per Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.

Art. 19
Applicable Law and Referral

19.1. This contract is governed by Italian law.
19.2. For anything not expressly provided for here, the applicable legal norms for the relationships and situations covered by this contract apply, especially Article 5 of the Rome Convention of 1980.
19.3. Pursuant to Article 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly recalled.

Art. 20
Final Clause

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the Parties concerning the subject matter of this contract.