Terms and conditions of use
These General Conditions of Sale, together with the Order Forms where signed and accepted for the individual products marketed, as defined below, govern:
1) the offer, submission, acceptance and shipment of purchase orders for Products, as defined below, via e-commerce channel shop.simzine.news;
2) the purchase of books, hard copy and/or in ebook format;
3) the subscription of subscriptions to SIMZINE magazine.
On the other hand, these General Terms and Conditions of Sale do not regulate the provision of services or the sale of products by parties other than Simzine S.r.l. and any partners or subsidiaries, which are not expressly referred to on the shop.simzine.news website via links, banners or other hypertext links. WHEREAS, to enable full understanding and acceptance of these General Terms and Conditions of Sale, the following terms, in the singular and plural, shall have the meanings set forth below:
"General Conditions of Sale": these general conditions of sale as updated and amended from time to time by Simzine S.r.l.
"Consumer": the natural person acting for purposes unrelated to and/or not referable to the entrepreneurial, commercial, artisan or professional activity carried out, if any, or acting for purposes not falling within the framework of each of the aforementioned activities, as defined by Art. 3 paragraph 1 letter a) of the Consumer Code;
"Professional": the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary, as defined by Art. 3 paragraph 1 letter c) of the Consumer Code;
"Simzine": Simzine S.r.l. with its registered office in 50127 Florence (FI) - Via Panciatichi 40/11, tax code and VAT number and registration number in the Register of Companies of Florence 07093180482, p.e.c. address simeditasrls@pec.it, e-mail address info@simzine.it, which provides the Products indicated above, identifying them with its own name, trademark and any other distinctive sign;
"Site": the Internet site shop.simzine.news, wholly owned by Simzine;
"Product" means all products that can be purchased on the Site or through Simzine's business contacts, understood as the volumes, e-books, magazines that can be consulted within the online catalog published on the shop.simzine.news Site
"Service" means any ancillary service offered by Simzine to the Customer in connection with the activities of the sale of the Products such as, but not limited to, all courses provided in conjunction with the sale of volumes and ancillary consulting services.
"Order Form": where required, the specific document containing the description of the products and services provided by Simzine in favor of the Customer which, if accepted, constitutes, together with these General Conditions of Sale, a valid and binding contract between the Parties;
"Customer": the person whether Professional, Consumer or Public Administration or Entity equated to it, who has purchased a Product or Service according to the information and conditions expressed in these General Conditions of Sale and, if applicable, in the Order Form; “Contratto a distanza”: quel contratto concluso tra Simzine e il Cliente senza la presenza fisica e simultanea delle parti, mediante l’uso esclusivo di uno o più mezzi di comunicazione a distanza;
"Consumer Code" means Legislative Decree No. 206 of September 6, 2005, as amended and supplemented.
These General Conditions may be modified and/or updated at any time by Simzine, which will provide notice through the ordinary channels of communication on the site. The above premises form an integral part of these General Conditions.
Art.1 - Object of the contract
1.1 The subject matter of these General Terms and Conditions of Sale is the offer, submission, acceptance of purchase orders, supply and/or provision of Products, as well as the provision of Services, as specified in 1), 2), and 3) above.
Art.2 - Pre-contractual Information
2.1 The Customer declares that he/she has read and understood before the purchase all the information contained in the Product or Service sheet, as well as with reference to the Services, also the possible geographical address of delivery, the price and the payment method. The Customer declares to know and accept that the purchase, the Customer assumes responsibility for a reasoned purchase and proper use of the tools.
The Customer agrees never to contravene copyright laws by photocopying, computerizing, or otherwise reproducing any part of the purchased volume or journal, to act accordingly if he/she witnesses a violation of copyright laws (e.g., by informing the appropriate scientific and professional body, publisher, or judicial authority).
Article 3 - Conclusion of the Contract
3.1 Without prejudice to the fact that the presentation of the Products or Services on the Site and/or through catalogs, brochures, price lists or the like does not constitute a contractual proposal or offer to the public by Simzine, but merely an invitation to submit a purchase proposal by the Customer, depending on the type of Product/Service and subject to the necessary compliance with the mandatory provisions of law, the contract with the Customer is understood to be concluded
(a) for Products purchased through e-commerce, at the time when, after the Customer has entered the required data, including payment data, and after Customer's acceptance of these General Conditions, Simzine will confirm to the Customer receipt of payment of the order price and acceptance thereof, or, if earlier, at the time when after payment of the order price Simzine will deliver to the carrier in charge of delivery or make available to the Customer the Product or Service and/or the relevant access credentials;
b) for courses for which on-line registration is envisaged, at the time when, after the Customer has entered the required data, including payment data, and after the Customer has accepted the training offer and these General Conditions, Simzine will confirm to the Customer receipt of payment of the registration fee and acceptance thereof, or, if earlier, at the time when after payment of the order price Simzine will make the Product or Service and/or the relevant access credentials available to the Customer.
3.2 In the case of orders for Products via e-commerce channel and any catalog training courses, Customer will be required to pay the price at the same time as purchasing the Product.
Article 4 - Purchases through e-commerce channel
4.1 In order to purchase Products via e-commerce channel and in completing the registration procedures, the Customer undertakes to follow the instructions on the Site and to provide his personal data correctly and truthfully.
4.2 Once the registration is completed, the Customer will receive a confirmation e-mail to the address provided by the Customer. The confirmation must be communicated within the specified time. After this period, in the absence of confirmation, Simzine will be released from any commitment to the Customer.
4.3 Confirmation shall in any event release Simzine from any liability regarding the data provided by the Customer, who moreover undertakes to inform Simzine promptly of any change in its data communicated at any time. If the Customer communicates inaccurate or incomplete data or even in the event that there is a dispute by the parties concerned about the payments made, Simzine shall have the right not to activate or to suspend the service until the relevant shortcomings have been remedied.
4.4 At the time of the online purchase of the Product (with simultaneous obligation to pay in full), the Customer is required to express, in point and click mode, his consent to these General Conditions as well as consent to the conditions contained in the General Conditions that require specific consent, including pursuant to Articles 1341 and 1342 of the Italian Civil Code, together with the provisions governing the procedures for registration, access, navigation and use of the site simzine.news.
4.5 The availability of Products purchased through e-commerce refers to the actual availability of the Product at the time the Customer places his/her order. However, this availability must be considered purely indicative since, as a result of the simultaneous presence on the site of several users, the Products could be sold to another Customer before the confirmation of the order.
Article 5 - Terms of Payment and Prices
5.1 The price of the Products shall be as indicated from time to time on the site, except where there is an obvious and recognizable error. In the event of an error, Simzine will inform the Customer as soon as possible, allowing confirmation of the order at the correct amount or cancellation. There shall in any event be no obligation on Simzine to supply what is sold at a lower price erroneously stated.
5.2 Site prices include VAT but do not include shipping charges. Prices may change at any time. However, such changes will not affect orders for which confirmation has already been sent. Once the desired Products have been selected, they will be added to the shopping cart. You will simply follow the ordering instructions, entering or verifying the required information at each step of the process. Order details may be changed before payment. Payment can be made as indicated on the site.
Article 6 - Passing of Risk
6.1 Unless otherwise agreed in writing, the risk of perishing or deterioration of the Products purchased shall pass to the Customer at the time they are delivered to the carrier appointed to transport them. Ownership of the Products shall be deemed to have been acquired by the Customer at the time of the conclusion of the contract, as provided for in Article 4 above.
Art .7 - Warranty and commercial compliance
7.1 Simzine shall be liable for defects in the Products offered on the Site, including non-conformity of the items to the Products ordered, pursuant to the provisions of Italian law.
7.2 On the other hand, Simzine shall not be liable for any damage caused by the carrier during the transportation of the purchased Products such as, but not limited to, perishing, damage or loss of the goods, or any other inconvenience occurring during the execution of the transportation.
7.3 If the Customer has entered into the contract as a Consumer, this warranty shall be valid provided that the defect manifests itself within 24 (twenty-four) months from the date of delivery of the Products; that the purchaser submits a formal complaint regarding the defects within a maximum of 2 (two) months from the date on which the defect was acknowledged by the purchaser; and that a request for return is properly delivered.
7.4 In the event of non-compliance, the Customer who has entered into the contract as a Consumer shall be entitled to obtain the restoration of the conformity of the Products without cost, by means of replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed goods and the consequent refund of the price.
Article 8 Copyright Protection and Ownership of Products.
8.1 Customer acknowledges Simzine's exclusive ownership of all Products and any multimedia tools and platforms made available to Customer and any customizations thereof, if any.
8.2. Customer acknowledges Simzine's exclusive ownership of all parts of the Site, such as but not limited to logos, images, text, and the content of any educational materials distributed.
8.3 For this effect, in application of Law No. 633 of 22 April 1941 (Copyright Law), the Customer undertakes to refrain from copying, distributing, publishing or otherwise using or exploiting the materials owned by Simzine without its prior written consent and for purposes unrelated to those envisaged by these General Conditions.
8.4 In addition, it is strictly forbidden to commercialize, reproduce in whole or in part, reprocess and transmit in any form or by any means the materials made available by Simzine in the course of its performance.
Article 9 Security and confidentiality of data
9.1 The Customer guarantees that he/she legitimately disposes of all information entered within the Website shop.simzine.news for the purpose of purchasing the Product or Course and accessing the related Service, also ensuring that the same does not violate in any way, directly or indirectly, the right of third parties. Therefore, the Customer undertakes not to enter data that he/she cannot freely dispose of.
9.2 The Client is also forbidden to enter false and/or fictitious data in the registration/enrollment procedure for the Course and in subsequent further communications related to the execution of the contract.
9.3 To this end, the Customer hereby indemnifies Simzine:
- from any liability arising from the issuance of incorrect data and tax documents, the Customer himself being solely responsible for the correct entry;
- from any obligation and/or burden of direct and indirect ascertainment and control in this regard.
9.4 If it is established, by Simzine or upon report of a third party, that the data provided is false, Simzine reserves the right to prevent/suspend the Customer's registration.
Art.10 - Responsibilities and obligations
10.1 With regard to all Products that can be purchased on the shop.simzine.news website any conduct contrary to good faith on the part of the Customer, as well as violation from obligations and prohibitions, can in no way be considered tolerated by Simzine as suitable to compromise its image, honor and decorum, founding the exclusive responsibility of the Customer and the right of the same to interrupt any provision of the service and, if appropriate, to bring proceedings before the Authority, as well as to request compensation for damages.
10.2 The Customer, therefore, releases Simzine from any liability in the event of complaints, legal action, governmental or administrative action, loss or damage resulting from the use of the Products and Services offered by Simzine contrary to good faith and/or illegal on the part of the Customer, third parties connected to it or third parties in general. 10.3 Except in cases of willful misconduct or gross negligence, Customer expressly releases Simzine from any liability for direct and indirect damages
- which Customer itself or third parties may suffer in connection with or as a result of the use of the Product or the provision of the Consulting or Training Service, or as a result of the interruption of operation;
- which the Customer himself or a third party may in any way blame for the failure of the telecommunications network operator to provide connectivity, or even for the Customer's recourse to the use of connectivity (not high-speed) that is technically incompatible with the Service, as well as for the failure to use the training course as a result of defects found by the Customer in the use of the same, if all of the above was due to the Customer's failure to meet the minimum system requirements
- caused by third parties unlawfully accessing the Services subscribed by the Customer, due to the Customer's lack of caution in the safekeeping of the login and password assigned to him/her, or due to the absence of other security measures that the Customer is required to take.
10.4 In no event shall Simzine be held liable:
- for the malfunctioning of the Service resulting from failures, overloads, interruptions of telephone lines, electricity or referring to the Internet network that may affect the purchase of the product or the fruition of the consulting or training service;
- for defaults of third parties that impair the fruition of the consulting or training service, including, by way of example, slowdowns in speed or failure of the telephone lines and processors that manage the telematic traffic between the Client and the platform, if any, on which the Service is provided;
- for any fraudulent and/or improper use of credit cards by the Customer.
10.5 It is the Customer's sole responsibility to ensure interoperability between the connectivity, with which it is equipped, and the platform from which the Service or Product is delivered, if necessary.
10.6 Simzine, moreover, shall not be liable for failures to perform its obligations arising from causes not reasonably foreseeable, from impediments beyond its direct and immediate control, or from force majeure. Upon the occurrence of a force majeure event, Simzine will notify Customer via the Site, along with the prospects for regular reactivation of the Service or new Product availability. Simzine reserves the right to vary the availability of the Products placed in the catalog as well as the manner of delivery of the Services, to postpone the dates and times set for delivery. Under no circumstances will any fees already paid by the Customer be refunded. Simzine reserves the right to dispense vouchers of equal value and valid for one year after purchase, expendable for the purchase of a different Product.
10.7 The information and materials relating to the Products available and the Courses provided are processed, reviewed and updated with accuracy, completeness and adequacy, thanks also to the support and specialized consulting activities offered by highly qualified professionals.
10.8 Finally, the Customer may not assign to third parties any rights originating from this Contract and/or relating to the relationships concerning the Products and Services, in the absence of prior written authorization, issued at the sole discretion of Simzine and communicated by the same by registered letter with return receipt or pec to the addresses communicated by the Customer.
Art.11 - Conditions of withdrawal
11.1 For the purchase of Products, in application of art. 57 of Legislative Decree September 6, 2005 n.206 (Consumer Code) and in accordance with the legal provisions in force, the purchaser who holds the status of Consumer, has the right to withdraw from the purchase without penalty and without specifying the reason, within the term of 14 (fourteen) days. In the case of multiple purchases made by the purchaser with a single order and delivered separately, the term shall run from the date of receipt of the last product.
11.2 The user who intends to exercise the right of withdrawal must notify Simzine by means of an explicit declaration that may be sent by registered letter A/R to the address: Simzine S.r.l. 50127 Firenze (FI) Via Panciatichi 40/11 Or via pec to the address: simeditasrls@pec.it
11.3 The Product purchased, where applicable, must be returned intact, in its original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Simzine will refund the amount of the products subject to termination without undue delay and, in any event, within a maximum period of thirty (30) days from receipt of the returned products, including any shipping costs, with the exclusion of any additional costs arising from the choice of a delivery method other than the ordinary method offered. Transportation resulting from the termination of the contract may have additional costs that will be borne by the Customer.
11.4 The refund will be made using the same means of payment chosen by the purchaser at the time of purchase; in the case of payment made by bank transfer the user must provide the bank details: IBAN, SWIFT and BIC within the notice of termination.
11.5 For the purchase of courses in online mode, the Customer-Consumer consciously and expressly agrees to lose any right of withdrawal from this distance contract, finding application of the exceptions to the right of withdrawal referred to in 'Art. 59, c.1 lett. a) and o) of Legislative Decree September 6, 2005 n.206 (Consumer Code). In fact, the Consumer, by purchasing the course in online mode, consents to the delivery of digital educational content through a non-material medium, with the express agreement and acceptance that this circumstance precludes any right of withdrawal. In the case of purchase by the Client-Professional, it is acknowledged that he/she has the right to withdraw from the contract within 5 (five) working days from the time of completion of the online registration procedure, provided that he/she has not accessed the indicated online platform. As consideration for the right of withdrawal conventionally allowed to the Customer, exclusively within the limits referred to in the preceding sentence, and therefore as a Penalty Deposit, the parties acknowledge Simzine the possibility of withholding 20% from the total amount of money paid by the Customer when purchasing the Online Course.
Article 12 - Privacy and Data Processing.
Customers' data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to Art. 13 EU Regulation 2016/679 (Privacy Policy) found at the following address https://simzine.news/it/informativa-sul-trattamento-dei-dati-personali-landing/
Art.13 - Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are governed by Italian law and interpreted in accordance with it, without prejudice to any different overriding mandatory rule of the purchaser's country of habitual residence. Accordingly, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law. Any disputes inherent and/or consequent to the same shall be devolved to the Court of Florence, any other forum being deemed waived. If the user has the status of Consumer, any disputes shall be resolved by the Court of the place of domicile or residence of the same according to the applicable law.