General Terms of Sale
These General Terms of Sale (the “General Terms”) establish the terms and methods for the purchases of the Products, as defined herein, available on the website www.fivecontinentseditions.com (the “Website”) and distributed by 5 Continents Editions S.r.l. based in Milan, Piazza Caiazzo, 1 20124 VAT no. 03441090960 — Companies Register of Milan (“5 Continents Editions”).
We therefore invite you to read carefully these General Terms, which must be accepted by you when sending any order to purchase the Products.
5 Continents Editions reserves the right to alter the General Terms at any time, without prior notice. For this reason, we invite you to visit the Website regularly to read the current version of the General Terms applied.
Products of publishing nature (the “Products”) can be purchased on the Website. Where the Product characteristics so require, the General Terms will be supplemented by specific technical instructions indicated from time to time on the Website (the “Special Terms”). In the event of a contrast between the General Terms and the Special Terms, the latter will prevail.
2. Website Registration
In order to be able to purchase the Products, you are required to complete the free Registration to the Website (the “Registration”).
For the purposes of the Registration, you must be an adult. You must also communicate correct and complete information required for the purposes of the Registration, and you are responsible for updating the same using your access credentials.
You are entitled to cancel the Registration at any time by contacting 5 Continents Editions by e-mail at the address email@example.com.
It is prohibited to enter false and/or invented and/or made up information for the purposes of Registration; your contact details and e-mail must be exclusively your actual personal data and not that of third parties. It is expressly prohibited to complete double Registrations corresponding to a single person or by entering the information of third parties. 5 Continents Editions reserves the right to prosecute any violation or misuse, in the interest and for the protection of all consumers, and it reserves the right to refuse, at its sole discretion, the Registration of any user.
3. Subject of the Contract
These General Terms regulate the purchase of Products carried out remotely via the internet and made available on the Website by 5 Continents Editions.
The provisions contained in these General Terms apply equally to all users, except for provisions that expressly apply only to “Consumer Customers”. Consumer Customers means users having the status of “consumers”, as defined at Article 3 Paragraph 1 Letter a) of Italian Legislative Decree no. 206/2005 (the “Consumer Code”), i.e. individuals acting for purposes extraneous to any business, commercial or professional activity performed, with the express exclusion of entities such as, by way of example and without limitation, retailers, wholesalers and traders, who intend to re-sell the Products to third parties. It is presumed that any User who sends a purchase order and enters, at the same time, their VAT number in the reserved area when identifying their personal details, is not a Consumer Customer.
4. Finalisation of Contract and Acceptance of General Terms
By sending the order (the ”Order”) electronically, you send to 5 Continents Editions a purchase proposal for the Product and/or Products included in the so-called “Basket”, a tool accessible on the Website, once the Registration is completed. The purchase contract between you and 5 Continents Editions is finalised upon acceptance, even only partially, of the Order by 5 Continents Editions. That acceptance is communicated by e-mail, in accordance with the methods set out in Article 5 below (the “Order Confirmation”).
If you (the “Customer”) make the Order by the methods provided by Article 5, you accept unconditionally and undertake to comply in your relationships with 5 Continents Editions with these General Terms, as well as the payment methods, declaring to have read and accepted all instructions contained within them, also acknowledging that 5 Continents Editions may not be bound by different terms unless agreed in advance in writing.
You undertake, once the online purchase procedure is completed, to print and retain these General Terms.
Any entitlement to compensation or indemnity, as well as any contractual or non-contractual liability, for direct or indirect damages deriving from the lack of acceptance, even partial, of an Order by 5 Continents Editions is excluded.
5. Purchase Method
The purchase of the Products, available as illustrated and described online in the respective explanatory outlines, is made by you at the price indicated therein, to be confirmed when sending the Order. It is understood that the image accompanying the explanatory outline of a Product may not perfectly represent its exterior characteristics but may differ by colour, size and accessory products included in the image. All supporting information for the purchase is understood to be simple generic informative material and does not refer to the actual characteristics of each Product package.
You may, at any time, check the Basket by clicking on the icon “Your Basket“. From the Basket page, you can decide whether or not to continue to select other Products or to make the purchase, in which case data will be requested to make the transaction and shipment. However, prior to sending the Order, you will still be able to identify and correct any data entry errors.
Before sending your Order, you will be provided with a summary of the unit cost of each chosen Product, the total cost when purchasing a number of Products as well as the total shipping and handling costs.
We will validate our correct receipt of the Order by sending to you an Order Confirmation e-mail to the e-mail address communicated when you registered to the Website. That e-mail will summarise the General and Special Terms, where applicable, the information relating to the purchased Product, an indication of the price, the payment method used, the delivery costs, as well as information on the right of withdrawal referred to in Article 11 and you will also be provided with a withdrawal form. The Order Confirmation message will also contain the date and time of purchase, the Customer’s name and the “Order Number”, which will be used in any further communication.
6. Payment Method
All prices of the Products on sale on the Website are shown in Euro.
Payment of the purchased Products and the respective shipping and handling costs will be accepted when using the following payment methods:
- by credit card via PayPal protected website. For purchases made by credit card, 5 Continents Editions may not be held liable for any fraudulent and unlawful use made by third parties of the credit card when paying for the purchased Products. At no time of the purchase process does 5 Continents Editions come into possession of or is able to know information concerning the purchaser’s credit card, sent by way of protected connection directly by the company that processes the transaction;
- via the PayPal system. When purchasing goods using the PayPal payment method, at the same time as finalising the online transaction, PayPal will immediately charge to you the amount of the respective purchase made;
- by bank transfer. The bank transfer must be made in favour of:
5 CONTINENTS EDITIONS SRL
Swift code/Bic: BLOPIT22550UBI BANCA S.P.A.
FILIALE DI MILANO DORIA
Via Pier Luigi da Palestrina angolo Via Andrea Doria n. 12
20124 Milano – Mi
CAB 01654The payment reason to be identified on the bank transfer must identify the Order Number and the date of the same, the name and surname of the ordering Customer;
The shipping cost is duly shown on the specific page on the Website which you must check before confirming the Order. For deliveries abroad, the Customer will be charged any supplementary costs of taxes or rates provided by regulations in force in the destination Country.
5 Continents Editions will deliver the purchased Product only after the sums due to 5 Continents Editions S.r.l. have been credited. In the event of complete or partial non-payment of the Product purchase price, 5 Continents Editions hereby reserves the right to declare the contract terminated by law, by sending a written communication to your e-mail address.
5 Continents Editions S.r.l. will send by e-mail to the address indicated by you, a due invoice (if requested) for the purchased Product sent to the address provided by you.
7. Product Availability
The Products offered on the Website are limited in number and it may be the case that, by virtue of the simultaneous presence on the Website of multiple users, an ordered Product is no longer available after the Order has been accepted. In any case of unavailability of the ordered Product, you will be promptly informed by e-mail and the respective Order will be cancelled or, if the Order Confirmation has already been sent to you, the respective purchase contract will be understood to be terminated by law.
In any case, where the payment has already been made, 5 Continents Editions will refund to you the sum paid within the term of 30 working days commencing from the day after the Order was sent. In that case, you will be exclusively entitled to any sums already accepted and paid, with the express exclusion of the right to compensation for damages.
8. Delivery Method
The purchased Products will be delivered by 5 Continents Editions to the address indicated by you by way of T.W.S. Express Courier s.r.l. (www.twsexpresscourier.it) (the “Courier”).
Product deliveries will be made on all working days commencing from the working day after transmission of the Order Confirmation and, with regard to Orders with payment by bank transfer, from the working day after confirmation of the credited amount.
We recommend that if you expect nobody to be at home to take delivery of the product, you indicate your workplace as the delivery location. If it has been impossible to deliver the Product a number of times at the address indicated by you, a notice will be left with a telephone number for you to contact to agree a new delivery, at no additional cost to you. In the event of failed delivery at the second attempt, the Courier will store the package. If you fail to collect the delivery for a period exceeding 10 working days, this will lead to the termination of the contract by law and the Product will be returned to 5 Continents Editions. In this case, 5 Continents Editions will refund the price of the undelivered Product and/or Products, but the return shipping costs will be charged to you.
The delivery of the Products by 5 Continents Editions may be divided into a number of batches, without this involving any liability for 5 Continents Editions.
5 Continents Editions will take steps to ensure that, insofar as possible, the delivery is made within the term established and communicated to you, which must be understood to be merely indicative.
In any case, in accordance with the provisions of the Consumer Code, in the event of non-delivery within the term of 30 days from the time of sending the Order Confirmation, or the receipt of the credit in the case of Orders with payment by bank transfer, the Consumer Customer may send to 5 Continents Editions, by e-mail to the address firstname.lastname@example.org, an invitation to deliver by a supplementary term appropriate to the circumstances. If the supplementary term thus granted expires without the goods having been delivered, the Consumer Customer will be legitimated to terminate the contract and to obtain the return of the sums paid to 5 Continents Editions.
However, 5 Continents Editions may not be held liable for any direct or indirect damage deriving from the delay in delivering the Product due to conduct by the Courier, or in any case due to causes not attributable to the conduct of 5 Continents Editions.
9. Obligations of the Customer and Complaints relating to Shipping of the Products
You are required to check, upon receipt, the conformity of the delivered Product in relation to the Order made, in accordance with the following:
- the number of parcels (number of packages) indicated on the carrier’s letter corresponds to the number of packages actually delivered;
- the Product packaging is intact and not damaged.
Any damages to the packaging must be disputed immediately, by way of acceptance with reserve. You may not raise any complaint about the exterior characteristics of what has been delivered after having signed the Courier’s delivery note.
Any damage(s) to the book(s) contained in the packaging must be reported within 2 days from delivery by contacting 5 Continents Editions S.r.l. by e-mail at the address email@example.com, attaching a photograph, or by telephone to +39 02 33603276.
The copy of the defective book will be replaced by 5 Continents Editions S.r.l. at its own expense with an intact copy of the same book, where available. Any report beyond the aforementioned deadlines will not be considered. This is without prejudice to the guarantee set out in Article 14 for Consumer Customers.
For any clarification or any complaint, please see the item “contacts” [add link]
You agree not to reproduce, duplicate, copy or sell the purchased Products and not to use the e-commerce service made available by 5 Continents Editions for commercial purposes.
11. Right of Withdrawal in accordance with the Consumer Code
In accordance with and within the limits of the Consumer Code, the Consumer Customer may exercise the right of withdrawal within 14 (fourteen) working days from receipt of the purchased Product, without the need to provide explanations and without penalties, subject to complying with the procedure indicated below. Receipt means the time that the Consumer Customer or a third party, different from the Courier and designated by the Consumer Customer, acquires physical possession of the Product in question. In the case of split deliveries of a number of Products, the 14 days commence form the time the Consumer Customer or a third party, different from the Courier and designated by the Consumer Customer, acquires physical possession of the last Product.
The right of withdrawal in accordance with this clause is exclusively reserved to Consumer Customers and thus only to individuals purchasing the Products for their own use and acting for purposes not referable to any professional and commercial activity performed, with the exclusion, therefore, of retailers, traders and professionals. Any communication of withdrawal originating from a Customer without the status of “consumer” will not, therefore, be considered.
The right of withdrawal applies to the full Order and the withdrawal may not be exercised for only part of the purchased Product.
To exercise the right of withdrawal, the Consumer Customer must send, within the term of 14 (fourteen) days from receipt of the Product, a communication of withdrawal using this form or any other explicit declaration in that sense, by recorded delivery letter with notice of receipt to the following address: 5 Continents Editions S.r.l. — Piazza Caiazzo, 1, 20124, Milan – for the attention of the Administration Office.
The Consumer Customer may send that communication even by way of e-mail to firstname.lastname@example.org and by fax +39 02 92871456; in that case we will send to you without delay a recorded delivery letter with notice of receipt within 48 subsequent hours (2 working days).
By the working day after that of receipt, 5 Continents Editions will communicate to you, by e-mail, confirmation of receipt of the communication of withdrawal.
The Consumer Customer will be exclusively responsible for returning the Products, to be done within 14 (fourteen) days from transmission of the communication of withdrawal by a Courier of your choice. The costs of returning the Product to 5 Continents Editions are borne exclusively by the Consumer Customer. 5 Continents Editions will reject any other Product where the Consumer Customer has not paid the costs of return and also where the methods and timescales provided by the Consumer Code have not been respected.
The Product being returned must be intact and in its original packaging, under penalty of forfeiture of the right of withdrawal. Where the Product has not been packaged in its original packaging, the Consumer Customer will be solely liable for the resulting reduction in value of the Product and consequently 5 Continents Editions will deduct from the refund a sum equal to that reduction in value. In any case, where the Product for which the right of withdrawal is exercised is received damaged by 5 Continents Editions, the latter will be required to give communication thereof to the Consumer Customer with a view to allowing it, where possible, to exercise its right of recourse in relation to the courier of its choice.
5 Continents Editions will refund the Consumer Customer the entire amount, the cost of the shipped goods and the initial shipping costs, within 14 (fourteen) days from receipt of the communication of withdrawal. That operation will be done by way of the credit institution that issued the card used by the Consumer Customer to purchase the Product or by crediting the bank account indicated by the same.
12. Limitations of Liability
5 Continents Editions is not liable in the case of damages, of any nature, deriving from use of the Product improperly and/or in a manner not compliant with the instructions provided by 5 Continents Editions as well as in the case of damages deriving from unforeseeable acts or events of force majeure, such as, merely by way of example, natural disasters, strikes, malfunctioning, disservice of the network and/or blackouts.
5 Continents Editions will also not be liable in cases of loss of revenues, profits or for any other indirect damage of any nature deriving from or in any case connected to contracts subject to the General Terms. The liability of 5 Continents Editions in any case, may not exceed the total value of the purchase Order, except in cases of wilful intent or gross negligence.
13. Intellectual Property Rights
You declare and acknowledge that all trademarks, distinctive signs, intellectual property works, or any other intellectual and industrial property right accessible from and reproduced on the Website, including the respective domain name, are the exclusive property of 5 Continents Editions or the same is their legitimate licensee.
Any use of intellectual and industrial property rights is prohibited without the prior written authorisation of 5 Continents Editions or its licensees.
14. Guarantee of Conformity
The Products shown on the Website benefit from a legal warranty of 24 (twenty-four) months for defects of conformity existing upon delivery of the same, in accordance with the Consumer Code, reserved to Consumer Customers, provided that the Consumer Customer, when receiving Products that do not conform to the Orders, communicates that fact to 5 Continents Editions within the term of 2 months from the discovery of the defect of conformity.
The communication may be sent by e-mail to the address email@example.com. 5 Continents Editions, where possible, will proceed to replace the defective Product. Where the replacement of the Product is not possible, it will refund the price by re-crediting the payment method used by the Consumer Customer to make the purchase.
15. Jurisdiction and Court
Any contract entered into with 5 Continents Editions and referred to in these General Terms is understood to be entered into in Italy and is governed by Italian law.
For the resolution of disputes relating to the purchase contracts entered into by the Consumer Customer, the court of the residence or domicile of the Consumer Customer shall have jurisdiction. For all other cases in which the Customer does not have the status of Consumer, the Court of Milan will, on the other hand, have jurisdiction.
16. Approval in accordance with Articles 1341 and 1342
In accordance with and by virtue of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares expressly to accept the following clauses: (7) (Product Availability), (9) Obligations of the Customer and Complaints relating to Shipping of the Products, (12) (Limitations of Liability) and (15) (Jurisdiction and Court).
5 Continents Editions srl
Piazza Caiazzo 1, 20124 Milan, Italy
T +39.02.33603276 — F +39.02.92871456
VAT nr. IT03441090960
Register of Companies Milan nr. 03441090960 | nr. REA 1674117
Registered Capital 100.000,00 â‚¬