1.1. These General Terms and Conditions of sale shall apply to the purchase of “Giacomo Agostini” brand Products (hereafter the “Products”) via the e-commerce website www.giacomoagostini.it (hereafter the “Site”) by users falling within the definition of “Consumers” pursuant to article 1.2. below. The Site, which is property of Agostini S.r.l., with registered office Bergamo, via Quintino Alto 34, C.F. e VAT no. 01287630162, (hereafter the “Owner”), is managed by Cinehollywood S.r.l. - with registered office in Via Padre Reginaldo Giuliani, 8, 20125 Milano, VAT No 07950800156 (hereafter “CINEHOLLYWOOD”).
1.2. CINEHOLLYWOOD sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be CINEHOLLYWOOD as Seller (hereafter the "Seller") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").
1.3. The Owner is not a party of these General Terms and Conditions of sale, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the Products available on the Site and is holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address firstname.lastname@example.org.
1.5. All purchases are regulated by the General Terms and Condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these General Terms and Conditions of sale shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 10 shall not apply to the buyer;
b) the Product warranty referred to in article 8 shall not apply to the buyer;
c) no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these General Terms and Conditions of sale shall be sent by e-mail to the address provided by the same during the Site registration or purchase process.
1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Site via Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability in the various geographical areas.
2.1. The Products are sold by the Seller with the features described on the Site and in accordance with the General Terms and Conditions of sale published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend all or part of these General Terms and Conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. The Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the countries listed on the Site.
3. Product purchase procedure - Conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these General Terms and Conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Consumer’s order, the Seller's order confirmation and the General Terms and Conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at email@example.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail
4. Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once the selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register on the Site, providing details as requested, or, (ii)where already registered, to login, or (iii)to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and may eventually change the contents: at this point, the Consumer, is required to carefully read and expressly approve the General Terms and Conditions of sale by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card or Pay Pal , he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
5. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding for the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in paragraph 5.3 below.
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, timely manner and in the shortest period possible, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty Products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the General Terms and Conditions of sale are exclusive responsibility of the Consumer.
6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased Product/s is credited to the Seller’s bank account.
7.2. Payments for orders placed on the Site can be paid for by credit card, or via PayPal at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.
7.3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Easy Nolo S.p.A. - Gruppo Banca Sella - Piazza Gaudenzio Sella, 1 - 13900 - Biella - P.I. 02027040027, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Consumer during the registration process, if the Products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (Consumer Protection Code), provides Consumers with a legal warranty that the purchased Products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed inappropriatly, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
8.2. The Consumer is required to report any defects and non-conformities of the Products within and no later than 2 (two) months of acknowledging the same, sending the relative Returned Goods Form to the Customer Care Service at firstname.lastname@example.org, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty
8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Seller’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering on the site or placing the order; this e-mail will include the "Returned Product Code" Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "Returned Product Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address: CINEHOLLYWOOD S.r.l., Via P.R. Giuliani, 8, 20125 Milano – Italy
8.4. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the Product, or by bank transfer. The Consumer will be responsible for sending the Seller, using the same e-mail address email@example.com. bank details for the latter to be able to transfer the refund.
9. Defective Products Liability
9.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N. 206/2005 - (Consumer Protection Code) are applicable to any damages caused by defective Products. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, and shall refer the Consumer to the manufacturer of the Product concerned.
10. Right of withdrawal - Information Notice
10.1. The Consumer shall have the right to withdraw from any contract concluded pursuant to these General Terms and Conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last product was received.
10.2 For the audio-video Products wrapped in cellophane which had been opened by the Consumer, the withdrawal is not applicable: the packaging of the goods must be completely untouched, including the cellophane wrapping and the SIAE sticker.
10.3 To exercise the right of withdrawal, the Consumer must notify CINEHOLLYWOOD, within the deadline indicated in paragraph 10.1. above, sending an explicit declaration to CINEHOLLYWOOD using the email address firstname.lastname@example.org, of his intention to exercise the right of withdrawal using the withdrawal form enclosed.
10.4. On completing the requirements of paragraph 10.3. above, the Consumer will receive a withdrawal confirmation e-mail, containing the RMA code. Within and no later than the following 14 (fourteen) days, the Consumer is required to write the RMA Code on the form referred to in paragraph 10.3, and return the Products to CINEHOLLYWOOD, together with the form referred to in paragraph 10.3, duly completed and bearing the RMA code, addressed to:
Cinehollywood S.r.l., Via P.R. Giuliani, 8, 20125 Milano – Italy
10.5 If the Consumer has received the Product, he is required to return it to CINEHOLLYWOOD without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if you send back the goods before the period of 14 (fourteen) days has expired. All shipping risks and direct costs incurred when returning the Products shall be borne by the Consumer.
10.6 If the Consumer withdraws from the contract, CINEHOLLYWOOD will refund the total amount due paid by the Consumer for the Product, including standard shipping costs, without undue delay, and, in any event, within 14 (fourteen) days from the day CINEHOLLYWOOD was informed by the Consumer of his decision to withdraw from the contract. In any case, the refund will be suspended until the Products are delivered and the integrity of DVD and Blu-Ray packaging is checked (cellophane and SIAE sticker). In case of merchandising (clothing, collectibles, etc.) the Products must have the original packaging and must be in the same integrity conditions as they were at the moment of shipping by CINEHOLLYWOOD. The refund will be effected using the same payment method used by Consumer for the initial transaction, unless the Consumer has expressly arranged differently; in any case, the Consumer will not incur any further costs as consequence of the refund. In case of partial withdrawal from multiple orders, the quantification of shipping costs to be refunded to the Consumer as a result of the exercise of the right of withdrawal will be proportional to the cost of each Product. In any case, the amount of shipping costs to be refunded shall not exceed the costs effectively paid by the Consumer. If the order was provided with free shipping, there will be no refund for the shipping costs.
10.7. The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the Product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the Product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
11. Intellectual Property Rights
11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written texts or graphics used on the Site or relating to the Products are and remain the exclusive property of Agostini S.r.l. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. Unless prior specific consent is granted in writing by Agostini S.r.l. or Cinehollywood S.r.l. no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12. Protection of Consumer Personal Data
12.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Agostini S.r.l. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.
12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Easy Nolo S.p.A. which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. Applicable law – Self-regulation code
14.1. The contract of sales concluded on the Site shall be governed by Italian law.
14.2. It is reserved to Consumers who have not their usual residence in Italy the application of eventually more advantageous and binding dispositions provided by the law of the country of their residence, in particular as regards to the terms for the exercise of the right of withdrawal, the terms for the returning of goods, the process and form for the communication of the same right and the legal warranty of conformity.
14.3. The court where the user has residence or domicile is competent for any controversy about the application, the execution and the interpretation of this General Terms and Conditions of sale involving a Consumer. The court of Milan is competent for any other controversy about the application, the execution and the interpretation of this General Terms and Conditions of sale.
14.4. A consumer who has residence in a country of the European Union other than Italy, for any controversy about the application, the execution and the interpretation of this General Terms and Conditions of sale, may have access to the European Small Claims Procedure established by Regulation (Ec) No 861/2007 of the European Parliament and of the Council, of July 11th 2007, where the value of a claim does not exceed EUR 2,000, excluding all interest, expenses and disbursements. The text of the Regulation is available on the site www.eur-lex.europa.eu.