General terms and conditions of sale

Paragraphs

1. Introduction. 2

2. Definitions. 2

3. Object 2

4. Characteristics of the Products and their availability in the various geographical areas. 3

5. Online purchase procedure. 3

6. Product prices and shipping costs. 4

7. Payments. 7

8. Shipping. 7

9. Collection on site. 7

10. Legal guarantee of conformity. 8

11. Liability for damage caused by defective products. 9

12. Right of withdrawal 9

13. Intellectual Property Right 10

14. Personal data protection. 11

15. Governing law and jurisdiction. 11

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1. Introduction

1.1 These "Terms and conditions of sale and shipping costs" (hereinafter, "Terms and Conditions" or simply "Terms") apply to the purchase of Sapienza branded products made through the website https://web.uniroma1.it/merchandising (hereinafter, the "Website") by users qualifyied as "Consumers" or "Buyers", pursuant to paragraph 2.

2. Definitions

2.1 For the purposes of these Terms, the following definitions are estabilished:

- Website: the website https://web.uniroma1.it/merchandising, owned by the University of Rome "La Sapienza" and reserved for the sale of the official University products;

- Products: the goods for sale on the Website, based on these Terms;

- Consumer (or Buyer): any natural or legal person purchasing one or more Products for purposes other than business, sales, artisan or professional activities he or she may carry out;

- Owner (or Seller): University of Rome "La Sapienza", whose registered office is located in Piazzale Aldo Moro n. 5 - 00185 Rome (Italy) - Tax Code 80209930587 - VAT number 02133771002;

- Parties: the Owner and the Consumer;

- Contract: any agreement executed by the Website between the Parties, concerning the sale of the Products, on the basis of these Terms.

3. Object

3.1 The Website shows the product catalog of Sapienza branded Products, available both for online sale and directly at the shop called "Sapienza Store".

3.2 Each purchase is governed by these Terms in the version published on the Website at the time of payment by the Consumer.

3.3 The Seller has the right to modify these Terms at any time without the need to provide any notice to the users of the Website. Any change is effective from the date of publication on the Website, as declared in the header of the Terms, and it only applies to sales concluded from that date.

3.4 Before proceeding with the purchase of the Products, the Consumer is required to carefully read these Terms. By paying for the purchase order created on the Website, the Consumer accepts these Terms in full and without reservation.

3.5 The Website is dedicated to retail and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a party who does not qualify as a Consumer, these Terms shall apply, but notwithstanding the provisions of the same:

a) the buyer will not be granted the right of withdrawal described in paragraph 12;

b) the buyer will not be granted the warranty on the Products described in paragraph 10;

c) the buyer will not be granted any other protection provided for the Consumer in compliance with the current legislation.

3.6 In order to make purchases through the Website, the Consumer must be aged 16 (sixteen).

3.7 Any communication related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or the delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Owner at the following e-mail address: merchandising@uniroma1.it.

4. Characteristics of the Products and their availability in the various geographical areas

4.1 The Products have the characteristics described on the Website and are sold under these Terms, with the exclusion of any other condition or term.

4.2 The prices and the characteristics of the Products on the Website can be changed by the Seller without notice. Before sending the purchase order, Consumers are advised to check the final sale price.

4.3 The Website can be accessed from all over the world. It is possible to request the shipment of the Products to any country in the world.

5. Online purchase procedure

5.1 The presentation of the Products on the Website, which is not binding for the Seller, represents no more than an invitation to the Consumer to formulate a contractual purchase proposal and not a public offer.

5.2 The contract between Consumer and Seller is concluded exclusively online. After accessing the Website, the Consumer can select the products of his interest, consult the descriptive sheet and check the sale price and the available sizes. If intending to purchase, the Consumer selects the desired Products, in the chosen quantity, and inserts them, one by one, in the virtual shopping cart.

5.3 Then, the Consumer proceeds with the payment, to make which he can use one of the methods available in the PagoPA system. At this moment, the Consumer must indicate his personal data, such as, name and surname, tax code, e-mail address and telephone number. In case of shipment, the Consumer must also indicate his/her postal address (or that of any other recipient of the products purchased). The Consumer, after careful reading, must therefore expressly approve these Terms and certify that he has read the privacy policy, as well as confirm that he is over the age of 16 (sixteen), using the appropriate check marks (check -box) present in the virtual shopping cart. The Consumer is invited to pay the utmost attention in entering and checking data before proceeding with payment. The Seller is not resposible for any possible mistake made by the Consumer in entering his data, even if these mistakes prevent the Seller from executing the contract or from shipping the Products.

5.4 Once the payment has been made, the Buyer receives by e-mail the electronic receipt of purchase confirmation, containing the specific description of what was purchased and the details of the payment made through the PagoPA system. The purchase data are electronically stored by the Seller in its IT systems and managed in compliance with the current legislation and with the paragraph 14.

5.5 The Contract is concluded between the Parties when the Consumer makes the payment and receives the confirmation.

5.6 In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the choosen Product(s), he promptly informs the Consumer and immediately refund any sums already paid by the same, without any penalty, compensation or additional sums.

6. Product prices and shipping costs

6.1 The price of the Products is the price indicated on the Website at the moment of selection by the Consumer. The prices include packaging costs, VAT (if applicable) and any other indirect taxes (if applicable), while they do not include shipping costs which depend on the weight of the chosen Products and on the geographical area of ​​the shipment. Shipping costs are calculated directly in the virtual shopping cart.

6.2 Any costs for Internet connection to the Website, including telephone costs, shall be the exclusive liability of the Consumer in accordance to the rates charged by the service provider chosen and used by the same.

6.3 The rates currently applied for shipping are indicated below. Any changes to the following cannot in any case be imputed to the Seller. In this regard, Consmers are advised to to carefully verify all transaction data, including shipping costs, before concluding the purchase.

6.4 If the Products are to be delivered to a country outside the European Union, they are accompanied by a proforma invoice for the purchased goods only, not including shipping costs. The Consumer undertakes to pay in full any duties and/or any additional customs tax, in compliance with the provisions of the law of the country in which the products will be delivered. The Consumer is advised to inquire with the competent authorities in his home country about any potential duties or taxes applied in his country of residence or of destination of the Products.

6.5 The Consumer is responsible for any additional costs, charges, duties and taxes that his home country might apply, for any reason, to the Products ordered under these Terms.

6.6 The lack of knowledge of the costs, charges, taxes and duties mentioned in paragraphs 6.4 and 6.5 shall not in any way constitute a cause for the Consumer to terminate the Contract, nor may the Consumer in any way charge the aforementioned charges to the Seller.

7. Payments

7.1 The payment of the Products purchased through the Website and the relative shipping costs, if provided, must be made only through the digital payment platform for the Public Administration (PagoPA). The Consumer expressly accepts that the execution of the contract by the Seller begins at the time the price of the purchased Product(s) is credited to the Seller's bank account.

7.2 SPID account holders can make the payment directly through PagoPA payment system. The users who do not have a SPID account or the foreign users residing abroad must use the PagoPA payment system through a personal e-mail account.

8. Shipping

8.1 The shipment takes place on Tuesday or Thursday of the week following that of purchase, except for problems due to force majeure, independent of the Seller's will. It is not possible to accurately determine the delivery times of the Products, as these are subject to variables independent of the Seller's control. The Seller undertakes to do his utmost in order to carry out the delivery in a maximum time of 30 (thirty) days starting from the day following the one in which the price of the purchased Product(s) is credited to the Seller's bank account.

8.2 When the Consumer receives the product(s), he must check that the delivery includes all the Products purchased and he must immediately inform the Seller of any defect of the Products received or of their discrepancy with the order placed, according to the procedure described in paragraph 10 of these Terms. In the absence of any dispute, the Products are considered accepted by the Consumer. If the packaging or wrapping of the Products is clearly damaged, the Consumer is invited to refuse the product or to accept it "with reserve". It is specified that the responsibility for the loss or damage of the Products during shipment lies with the carrier/shipper.

9. Collection on site

9.1 As an alternative to shipping, it is possible to collect the products on site, at the collection store set up by Sapienza, starting from 48 (forty-eight) hours after payment. On-site picking up is free.

9.2 The Consumer must collect the purchased products within a maximum period of 30 (thirty) days starting from the day following the one in which the payment is completed.

9.3 If the Consumer does not collect the products by the time indicated in the previous paragraph, and in the absence of any communication and/or justification, the Seller may withdraw from the contract through a specific communication sent by e-mail. The Seller shall be deemed compensated by the re-assignment of the Products, without having to refund anything to the Consumer.

10. Legal guarantee of conformity

10.1 Pursuant to artt. 128 ff. D. Lgs. n. 206/2005 (hereinafter, "Consumer Code"), the Seller guarantees that the Products will comply with the Contract for a period of two years from the date of their delivery. The application of the warranty is excluded if the Consumer has used or washed the Product in a non-compliant way or without following the instructions/warnings provided by the Seller, or reported in the reference illustrative documentation, tags or labels. The jurisdictional action to assert the defects not intentionally concealed by the Seller is prescribed in any case within a maximum period of 26 months since the delivery of the Product.

10.2 In order to activate the guarantee, the Consumer must send to the Seller a communication by e-mail to the address merchandising@uniroma1.it. In particular, the Consumer must indicate in the subject of the e-mail his identification data and the non-compliant Product and specify in the text the details related to the purchase and payment and the defect of conformity found, of which he is also required to provide suitable documentation (also video-photographic) attached. Following receipt of the communication, the Seller shall assess the conformity defects reported by the Consumer and shall decide whether to authorise the return of the Product(s), by providing the Consumer with an acknowledgement containing the "Return Reference” to the e-mail address provided by the latter during the purchase procedure. The authorization to return the Product shall in no event constitute acknowledgement of the non-conformity, which real existence will be assessed after the products have been returned. The Product must be returned by the Consumer, with a copy of the return authorization notice (the so-called "Return Reference"), within 20 (twenty) days of receipt of the aforementioned authorization, to the following address: Università degli Studi di Roma “La Sapienza” – Ufficio Economato e gestione Beni e Servizi, Viale Regina Elena n. 334/C – 00185 Rome.

10.3 If the Product is actually not conform, the Consumer has the right, in the first instance, to restore the conformity of the goods without any charge. For the purposes of restoring conformity, the Consumer can choose between the reparation or the replacement of the Product, unless the requested remedy is impossible or excessively burdensome compared to the other one. Only secondarily, according to art. 135-bis, co. 4 of the Consumer Code, the Consumer is entitled to a proportional reduction in the price or to the termination of the Contract. The Consumer is not entitled to terminate the contract if there is just a slight lack of conformity.

10.4 If the Seller is required to totally or partially refund the Consumer, the refund will be made by bank transfer. It is Consumer's responsability to communicate by e-mail to the Seller the bank details necessary to make the transfer in his favor and to ensure that the Seller will be able to return the due amount.

11. Liability for damage caused by defective products

11.1 In case of damages caused by faulty Products, the provisions set forth by articles 114 ff. of the Consumer Code shall be applicabile.  The Seller, who is the mere distributor of the Product through the Webiste, is free from any liability, if he indicates, at the request of the damaged Consumer, within three months, the identity and address of the manufacturer or of the person who supplied him with the Product.

12. Right of withdrawal

12.1 Pursuant to artt. 52-59 of the Consumer Code, the Consumer is granted the right to withdraw from the Contract, without having to provide any reasons and without any penalty, within the term of 14 (fourteen) days from the day of receipt of the Product or, in the case of multiple Products purchased through a single order and delivered separately, from the day of the delivery of the last Product.

12.2 In order to exercise the right of withdrawal, the Consumer must send to the Seller a specific declaration to the following e-mail address: merchandising@uniroma1.it.

12.3 The right of withdrawal is considered validly exercised by the Consumer within the aforementioned period if the communication mentioned in paragraph 12.2 is sent before the withdrawal period of 14 (fourteen) days has expired.

12.4 If the Product has not yet been sent to the Consumer, the withdrawal is considered exercised with the mere transmission of the appropriate declaration mentioned in paragraph 12.2.

12.5 If the Product has already been sent to the Consumer, after receiving the e-mail mentioned in paragraph 12.2, the Seller sends to the Consumer an acknowledgement containing the "Return Reference". The Consumer must transcribe the "Return reference” on the declaration of withdrawal. Then, the declaration of withdrawal must be signed in original by the Consumer and must be inserted inside the package with the Products to be returned. The Products must be delivered or in any case sent to Università degli Studi di Roma “La Sapienza” – Ufficio Economato e gestione Beni e Servizi, Viale Regina Elena n. 334/C – 00185 Rome. The Consumer is required to return the Products without any delay and, in any case, within 14 (fourteen) days from the day on which he communicated the withdrawal. The deadline is met if the Consumer sends back the Product(s) before the withdrawal period of 14 (fourteen) days has expired.

12.6 It is established that all risks and transport costs related to the return of the Product(s) to the Seller are borne by the Consumer.

12.7 In order to validly exercise the right of withdrawal, the Product(s) must be delivered to the Seller undamaged (without any signs of wear, abrasion, scratches, deformations, etc.), complete with all their elements and accessories (including labels and tags unaltered and attached to the product), accompanied by the attached instructions/notes/manuals, the original packaging and the guarantee certificate, if any. If not, the Consumer will not be refunded. It is advisable to cover the original packaging of the Product(s) with other protective packaging that preserves its integrity and protects it during transport.

12.8 Once the Product is delivered back to the Seller, he verify if it has been returned intact, in the conditions described in the previous paragraph 12.7.

12.9 If the verification of the returned Products has been successful and the right of withdrawal has been validly exercised by the Consumer, the Seller refunds to the Consumer, as quickly as possibile, the full amount paid for the purchase of the Product(s), including any shipping costs paid at the time of purchase. In any case, the Consumer is responsible for the shipping costs and any duties or additional taxes for returning the Products to the Seller.

12.10 The aforementioned refund is made by bank transfer. It is the Consumer's responsibility to communicate to the Seller, by e-mail to the address above mentioned, the bank details for the transfer and to ensure that the Seller is able to refund the amount due.

12.11 Any right of withdrawal shall be excluded for sealed Products that cannot be returned for hygienic or healthy reasons and that have been opened after delivery.

13. Intellectual Property Right

13.1 The Seller has the copyright on the content made available throught the Website and he is the owner of the proprietary rights on trademarks and other distinctive signs.

13.2 The Consumer is aware that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Website or related to the Products exclusively belong to Sapienza. The Consumer does not have any rights over the same.

13.3 The contents of the Website cannot be totally or partially reproduced, transferred by electronic or conventional means, modified, or used for any purpose.

14. Personal data protection

14.1 In order to proceed with registration, place the order and then conclude the Agreement on the basis of these Terms, some personal data of the Consumer are required. The Consumer acknowledges that the personal data provided will be processed by the Seller in accordance with Regulation (EU) n. 2016/679 (GDPR) and D. Lgs. n. 96/2003 (Italina Privacy Code), as modified by D. Lgs. n. 101/2018, exclusively for the purposes related to the Website and to the conclusion of the Agreement through the Website. Information to be provided by the controller pursuant to art. 13 GDPR are avalaible here: https://merchandising.uniroma1.it/it/page/privacy

14.2 The Consumer declares and guarantees that the data provided to the Seller during the purchase process are correct and truthful. The Consumer may at any time update and/or modify their personal data and exercise all other rights pursuant to artt. 14 ff. GDPR. The Consumer data will be kept by the Seller for the strictly necessary period, in compliance with current legislation.

14.3 The management and storage of personal data collected for the described purposes take place on external servers, acquired by the provider of the e-commerce platform. The provider is qualified as a data processor pursuant to art. 28 GDPR. Payment data are processed by external managers (PagoPA System).

14.4 The Seller does his utmost to avoid the loss, falsification, manipulation and improper use of the the data entered by the Consumer. The Seller guarantees that the information and/or data of the Consumer, entered on the computer systems of Sapienza, are not accessible or viewable by unauthorized third parties. The data may be disclosed to third parties, in accordance with current national and European legislation. In particular, in case of shipment, the data will be communicated to the carriers in charge of the shipment.

14.5 The processing is registered in the Record of processing activities mantained by Sapienza under its responsibility pursuant to art. 30 GDPR.

15. Governing law and jurisdiction

15.1 Each Contract concluded between the Parties pursuant to these Terms is governed and interpreted in compliance with Italian laws and in particular with the Consumer Code.

15.2 Any disputes that may arise between the Parties are devolved to the mandatory territorial jurisdiction of the judge of the place of residence or domicile of the Consumer.

15.3 The Consumer may resort to out-of-court dispute resolution methods (so-called “Alternative Dispute Resolution” or “ADR”), regulated by articles from 141 to 141-decies of the Consumer Code.