I) General conditions for the purchase of Fam Publishing products and/or services
- We invite each user to carefully read these general Fam Publishing products and services sales conditions before finalising any purchase and to print or save a copy in digital format once the transaction is completed.
- The General Conditions regulate the remote purchase of the products and services promoted on the website www.fampublishing.it owned by Faenza All Media S.r.l. – Via Borsellino, 1 – 48018 Faenza (RA), Tax Code and VAT number 02366040398, enrolled in the Register of Companies of Ravenna under No. 02366040398 and in the Economic and Administrative Register No. 195207.
- The Products distributed by Fam Publishing through its Website are mainly books and applications. Fam Publishing also offers Services related to the sale of the Products described on the homepage and/or on the various pages of the Website.
- The terms and methods for purchasing the Products and/or Services offered by Fam Publishing through the Website are described in these General Conditions.
- The Products and Services offered by www.Fam Publishing.com are addressed to Consumer users (subjects unrelated to the entrepreneurial or professional activity they perform in compliance with the provisions of Legislative Decree 206 dated 6 September 2005 (The Consumer Code) and to other users. According to these General Conditions, a person that expressly indicates a Company name together with its VAT number in the form reserved for the entering of personal information during the purchase of a Product or Service cannot be considered a Consumer.
The General Conditions apply, without distinction, to all users who purchase Products and/or Services through the Website.
- Fam Publishing may modify the General Conditions without prior notice. The changes made will take effect from the date of publication on the Website. The General Conditions in force when the sales contract is concluded will be applied to the purchase orders sent to Fam Publishing if these orders are sent before the publication of the changes mentioned above.
- The General Conditions are available in Italian.
II) Purchase Process
- The images of the Products on the Website, where available are usually photographs only intended to present the products for sale without any warranty or implied or explicity committement from Fam Publishing on the exact correspondence of the image shown on the Website with the real product, especially regarding the sizes and/or colour aspects of the covers and/or packages.
- The publication on the Website of Products and / or Services constitutes an invitation for users to send a purchase proposal to Fam Publishing that constitutes specific acceptance of these General Conditions.
- The Customer can change the information entered into the data form at any time during the Purchase and subsequently. Therefore, the Customer will review the data entered in the Purchase Order, confirm this data, and send it to Fam Publishing by clicking on the “Shopping Cart”. These General Conditions must be read and accepted to proceed with the purchase.
- The digital products cannot be entered into the same shopping cart as Physical products. These must be ordered separately since the same are purchased and downloaded by the Customer when Fam Publishing accepts the Order by sending the Customer an e-mail.
- Once the Purchase Order is received, Fam Publishing will automatically send the Customer an e-mail confirming receipt containing the details of the Orders and all data relative to the purchase, the type of Products and/or Services requested and the relative costs, as well as the Customer’s personal and contact details. The Customer will check if the Order is correct and promptly inform Fam Publishing of any changes. The receipt of the e-mail confirms the Customer’s acknowledgment and acceptance of the General Conditions.
- Fam Publishing has the right to accept or decline any orders received without, in case of rejection, the customer making any claims against Fam Publishing in any way. The sales contract will be concluded upon acceptance of the Order by Fam Publishing sent to the Customer’s e-mail. The selected Products will be shipped once Fam Publishing has accepted the Order. The Customer can view the status of each Order in the “My Account” section of the Website.
- The Customer will have the right to modify and/or cancel as well as the personal data and contact details previously entered, through the specific functions provided in the section mentioned above up until the shipping to the Customer have been started.
III) The Prices of the Fam Publishing Products and Services – Availability of the Products
- The prices published in the various sections of the Website dedicated to each Product and/or Service include VAT and do not include any taxes, duties and fees applicable in the country of destination of the Products and/or Services if this is different from Italy. These costs, which differ from country to country, are charged to the Customer, who is responsible for verifying the amount with the competent customs authorities.
- The cost of each shipment must be added to the price of each Product and/or Service. The cost of shipping may vary according to the delivery and payment method, as well as in relation to the country of destination. The total amount due for the selected Products and/or Services will be clearly indicated and communicated to the Customer in the order confirmation e-mail.
- The average methods and times for shipping in Italy, EU Countries, and Non-EU countries are shown on the “Delivery” and “Payment” age of the Website, which can be reached using the link at the bottom of each page of the Website.
- Shipping costs are not applied to the purchase of digital Products, i.e. Products that can be immediately downloaded from the Website, such as e-books and Apps.
- The Prices shown on the Website are subject to possible changes and/or modifications by Fam Publishing without the obligations o informing the Customer. Among other things, these increases may depend on increases applied by the suppliers of Fam Publishing. The prices in force at the time of receipt of the order will be applied to orders that have been made before the publishing of the changes above, even if the order is still being processed. If the price increases exceed 20% for purchases of up to 30 euros or more than 10% for purchases over 30 euros, Fam Publishing will send a communication to the Customer, who will be able to confirm the Order at new prices or cancel the Order within 7 days from receiving Fam Publishing’s communication.
IV) Payment Methods
- Purchases payments can be made by credit card, PayPal, bank transfer or cash on delivery of the Products. Fam Publishing reserves the right to grant additional payment methods. The Customer must indicate the chosen method of payment when the Order is formulated.
- Products that can be immediately downloaded from the Website, such as e-books, Apps, and digital products in general, may only be purchased using credit card or Pay Pal payments.
- If the Customer wants to purchase the Products and/or Services using credit card or Pay Pal payments, the overall amount due will be charged upon shipment of the purchased Products and/or Services. Fam Publishing has the right at any time to ask the Customer to send additional information and/or documents proving the ownership of the credit card used to make the purchase. If the Customer does not fulfil these requests, Fam Publishing has the right to not accept the Order or withdraw from the Sale Contract, giving timely notice to the Customer to the e-mail address indicated in the Order.
- Payment through Paypal will take place by redirecting to the Paypal site, where the procedures for transferring sums due to Fam Publishing can be perfected. The Client’s financial data will be managed directly by Paypal and will not be shared with Fam Publishing. The total amount of each Sale Contract will be charged only upon shipment of the selected Products and/or Services or one business day before shipping.
- Regardless of the payment method selected and without prejudice to the provisions of point 14 above, the Customer, by accessing the “My Account” section, may:
- Cancel the Order or the individual Products or Services indicated in the Order without any refund;
- Add new Products and/or Services to the Order, or change the Order.
- The payment of the Products and/or Services by cash on delivery, to be made upon delivery of the same, is a method of payment provided exclusively for shipments made in Italy. Payment can be made in cash, to be delivered to the shipper when the products are delivered. In no case will other means of payment be accepted. Nothing more than what is indicated in the Purchase Order will be due by the Customer to the courier.
- If the price indicated on the Purchase Order is not paid for any reason, Fam Publishing will invite the Customer to settle the balance. Until the Customer has made full payment, Fam Publishing reserves the right to immediately terminate any other existing orders, as well as to block the purchase functions through the Website by giving written notice to the Customer, without prejudice to the right of Fam Publishing to request compensation for any damage sustained.
VI) Delivery of the products
- The overall delivery times indicated on the Website indicate the overall time for the Product ordered by the Customer to enter the full availability of Fam Publishing, and is ready for shipment and delivery to the Customer. The availability and delivery times may vary from what is reported due to a simultaneous access of users or for reasons attributable to third-party suppliers that cannot be controlled. Therefore, Fam Publishing does not commit or guarantee full compliance with the delivery items indicated on the Website and/or on the purchaser order, nor can the same be liable for any delays.
- Should the Product delivery times be subjected to delays with respect to what is indicated on the Website, Fam Publishing, within 30 days from receiving the Purchase Order, will send the Customer notification by email as soon as it is aware of the event and, in any case, no later than 5 days before the expiry of the delivery times indicated on the Purchase Order.
- The Customer cannot hold Fam Publishing liable for any reason in case of delays in processing the Purchase Order of delivery of the Product.
- Fam Publishing invites the Customer to contact the Customer Service Centre if there are any delays in procurement and delivery of the Products.
- All shipping of the Products will be at the risk of Fam Publishing. The risk will be transferred to the Customer upon delivery of the Products.
- If required on the Purchase Order concluded through the Website, Fam Publishing will issue a delivery note for Customers who have entered there VAT number when making the Order and the relative accounting document required by law for the Products and/or Services purchased. These documents will be sent to the e-mail address indicated by the Customer. No changes may be made to the accounting document after it has been issued, and this document may not be issued if a Customer has not indicated its VAT number in the personal data form and requests the document at a later time. All digital format Products are considered “services” and, therefore, subject to the obligaiton to issue an invoice. Invoices will not be sent through ordinary mail but will be sent to the e-mail address indicated by the Customer after the shipping of the Product or downloading the file.
- In order to correctly deliver the ordered Products, the presence of the Customer or a representative is always required. If the Customer or representative were not available at the time and place of delivery of the Products purchased, the courier will leave a notice of second delivery for the next business day and a telephone number where to call if a different date must be agreed on. The fulfilment of the Order will remain suspended at the branch of the courier and if it is not possible to make the delivery, the Product will return to the Fam Publishing warehouses after 5 days. Once the Product is returned to Fam Publishing, the Customer will be contacted by the Customer Service Centre and it will be decided whether to make a second shipment or request a refund of the entire Order (obviously excluding shipping and cash on delivery). If the second shipment is not successful, we will proceed with the reimbursement of the Order (excluding shipping costs and cash on delivery). The relevant Sales Contract will therefore be automatically and definitively rescinded, without prejudice to Fam Publishing’s right to compensation for further damage.
- In case of force majeure, unavailability of the transport means, and unpredictable events, Fam Publishing reserves the right to cancel the Purchase Order or to split, postpone, or cancel, in all or part, the delivery if these events cause a delay in the delivery or make the delivery difficult or impossible and/or cause a significant increase in the cost to be paid by Fam Publishing. In these cases, Fam Publishing must provide prompt communication of the decisions taken to the Customer’s e-mail address. In these cases, the latter will have the right to be refunded for any amounts paid, but does not have the right to make any further claim or request for compensation, for any reason, to Fam Publishing.
VII) The Customer’s Right of Withdrawal – Fam Publishing’s withdrawal
- According to Articles 64 and following of the Consumer Code, the Consumer has the right to withdrawal from the purchase without any penalties and without having to justify the decision. In this case, notification must be sent to Fam Publishing’s Customer Service Centre by e-mail or – alternatively – by fax or registered letter with acknowledgement of receipt, to be sent within 10 business days from receiving the Products and/or Services selected.
- The Customer’s right to withdrawal from Orders does not apply to Products that can be immediately downloaded from the Website, such as e-books or Apps.
- 3. The return of Products subject to withdrawal must be made at the responsibility and expense of the Consumer by a courier selected by the latter and to the following address: Faenza All Media S.r.l. – Fam Publishing, Customer Service Centre – Via Borsellino, 1 – 48018 Faenza (RA).
- 4. To validly exercise the right of withdrawal, the Consumer must comply with the following:
- The withdrawal may also apply to the individual Products covered by one Purchase Order, provided that the Consumer does not exercise the withdrawal limited to a part of the single Product purchased;
- All the Products for which the Consumer has exercised the right of withdrawal must be intact like the original packaging, complete in all its parts including the packaging material, the seals possibly affixed, as well as any ancillary documentation;
- If the Product for which the right of withdrawal has been exercised is damaged by Fam Publishing, the latter will be required only to notify the Consumer in order to allow the same, where possible, to exercise the right of recourse against the chosen courier for the return of products;
- Fam Publishing will not be responsible in any case for damage, theft or loss of Products returned, until the delivery of the same. Therefore, all risks will be the exclusive responsibility of the Consumer.
- Once the integrity of the returned Product has been verified, Fam Publishing will reimburse the Consumer the entire amount paid for the Products and/of Services covered by the Purchase Order subject to withdrawal within 30 days from receiving the same. The refund will be made to the credit card provided by the Consumer at the time of the Order or by bank transfer to the account indicated by the Consumer.
- If the Consumer violates, all or part, of the provisions regarding withdrawal contained in these General Conditions, the Purchase Order will remain valid and effective, and Fam Publishing will return the Products unduly returned to the Consumer, charging the latter the shipping costs.
- Fam Publishing has the right to withdraw from each Purchase Order entered into by the Customer or Consumer by sending the same written notice via e-mail and/or registered letter with return receipt. It is possible that Fam Publishing does not accept any Orders from users or Customers who have implemented irregular conduct, have not accepted Products purchased with cash on delivery, are suspected of illegal conduct or subject to orders by a judicial authority.
IX) Communications and Complaints
- All communications or any complaints against Fam Publishing must be addressed to Fam Publishing’s Customer Service Centre by sending an e-mail to [email protected]
- 2. Alternatively, the Customer may send a letter to “Faenza All Media S.r.l. – Fam Publishing, Customer Service Centre – Via Borsellino, 1 – 48018 Faenza (RA).
X) Intellectual property rights
- 1. The Customer declares and acknowledges that all trademarks, designs, models, distinctive signs, intellectual property, software and databases, or any other intellectual and industrial property rights accessible from and / or reproduced on the Website in any way and/or form, including all trademarks published on the site are the exclusive property of Faenza All Media that neither is legitimate licensee. Fam Publishing is not liable, however, for intellectual property rights relating to products and/or services for sale whose owners are expressly indicated therein. Any use of the Intellectual Property Rights in any way and/or form, in whole and / or in part, is prohibited without the prior written consent of Fam Publishing or its licensors.
XII) Reference legislation – Jurisdiction
- These General Conditions as well as each Sales Contract are governed and subject to Italian law.
- All controversies relative to the General Conditions or to the Purchase Orders must be addressed to the exclusive jurisdiction of the Court of Ravenna, without prejudice to the applicability of mandatory legal provisions to protect consumers.
According to and for the effects of Articles 1341 and 1342 of the Italian Civil Code, the Customer states to have read, understood, and accepts the following clauses, the titles of which are reported by way of example: Article 1 (Approval of the General Conditions), Article 6 (Changes to the General Conditions), 10 (Purchase Orders), 10 (Changes and cancellation of the Purchase Order), 15 (Prices), 19 (Price Changes), 25 (Debits), 26
22 (Non-Acceptance of the Order), 24 (Changes to the Order), 26 (Default Interest), 27, 28, 29, 30 (Shipping and Delivery of the Products) 31 (Shipping Risks), 33 (Expiry of the Delivery of the Products), 34 (Force Majeure), 35, 36, 37, 38, 39, 40 (The Consumer’s right of withdrawal), 41 (Fam Publishing’s right of withdrawal), 44 (Intellectual Property), 46 (Applicable Law), 47 (Jurisdiction).