Terms and conditions
– Terms of sale
– Legal note
Returns, Terms and Conditions
Conditions of Sale
The owner of the Internet website (www.bookkarate.com, hereinafter the “website”) is Massimo Braglia (hereinafter “MB”) based in via Catellani, 13, 41012 Carpi (MO), Italy; e-mail: firstname.lastname@example.org; Tax Code BRGMSM63P01B819B; on this website are offered for sale some volumes published in Italian and in English, with the brand APM Edizioni.
By registering on the website, the user expresses his consent and acceptance of the General Sales Conditions and all the provisions governing the use of the website including the General Terms and Conditions of use of the website and the Privacy Policies, which regulate the registration, access, navigation and in general the use of the website. Each order of Volumes transmitted to MB by a customer constitutes a contractual proposal of the Customer and, therefore, will be binding for MB only if, and when, confirmed by himself for acceptance. MB will send the order after verifying its completeness and correctness as well as the availability of the ordered Volumes. The contract will be considered concluded when the final confirmation e-mail sent by MB has reached the e-mail server used by the Customer. The General Conditions are governed by the Legislative Decree 6 September 2005, n. 206 (hereinafter, the “Consumer Code”) and by Legislative Decree 9 April 2003, n. 70 implementation of directive 2000/31 / EC on certain legal aspects of information society services, with particular reference to electronic commerce. The concluded contract will be filed through an electronic system and will be accessible to MB personnel who need to know it in relation to the execution of the contract, to any third parties whose use is made of the contract and to the legitimate recipients pursuant to the current legislation. By sending the order form to MB, the Customer consents to the use by MB of the telephone, electronic mail and other automated call systems without the intervention of an operator in relation to the conclusion and execution of the contract.
Customers can choose whether to make online payments through the standard PayPal or Checkout circuit (with only credit cards allowed), by bank transfer or cash on delivery (method valid only for the Italian territory with an additional cost of € 10.00 ), making the selection during the procedures for completing the order form (hereinafter the “Form”). In any case, the contract will be concluded upon receipt by the customer of the confirmation for acceptance of MB, without prejudice to MB’s right to demand the payments due, and to carry out the shipment only after payment has been received.
In case of cancellation of the order, both by the Customer and in the case of non-acceptance by MB, the cancellation of the transaction and the release of the amount committed will be requested by MB. The release times, for some types of cards, depend exclusively on the banking system and can reach up to their natural expiry (typically 24-25 days from the date of authorization). Once the transaction has been canceled, under no circumstances may MB be held liable for any damages, direct or indirect, caused by delay in releasing the amount committed by the banking system.
MB reserves the right not to accept incomplete or not properly completed orders. In case of non-execution of the order by MB due to unavailability of the Volumes ordered by the Customer, MB will provide as soon as possible, within the terms and in the manner prescribed by art. 54 of the Consumer Code, to inform the Customer, reimbursing the sums they may have already paid for the unsuccessful supply. The prices of the volumes specified on the website include taxes; delivery costs are separately. The documentation relating to the volumes ordered will be issued by MB upon completion of the payment.
All delivery costs for volumes are charged to the customer. The shipping costs will be calculated automatically by the website and will be viewable and knowable by the customer before sending the order. They vary according to the chosen shipping area. Deliveries can be made, possibly even beyond the 30-day limit pursuant to art. 54, paragraph 1 of the Consumer Code up to a maximum term of 90 days, by standard courier. Upon delivery of the products by the appointed carrier, the Customer is required to check (a) that the number of packages delivered corresponds to what is indicated in the transport document and (b) that the packaging is intact, not damaged or however altered, even in the closing materials.
Any damage to the packaging and / or the products or the mismatch in the number of packages or indications must be immediately contested by the Customer, putting the word “ACCEPTED WITH RESERVE” on the courier’s delivery receipt. Furthermore, the Customer undertakes to promptly report – and in any case no later than 8 (eight) days from the date of delivery – any and all problems concerning the physical integrity, correspondence or completeness of the products received.
In order to deliver the ordered products, the presence of the Customer or his representative is always required in the place indicated by the same and on the day of expected delivery. In the absence of the Customer (or his representative), the courier will leave a second delivery notice for the next working day and a telephone number in order to agree on a different delivery date. If even the second delivery attempt is not successful, the customer is required to contact the courier within 5 (five) days to agree on costs and timing for a third delivery attempt. In which case the volumes already paid fall within the MB warehouses, the customer can request MB to reimburse the price of undelivered volumes excluding the cost of shipping and storage within 5 (five) days from the return of the products in stock and the the relevant Purchase Agreement will be automatically and definitively canceled, excluding any further mutual claim, for any reason.
The delivery terms indicated by MB refer to the volumes present in its warehouses and, although carefully evaluated, must be considered non-binding for MB, which can subsequently confirm or modify them, according to their actual needs. Delays in deliveries less than 60 (sixty) days do not entitle the Customer to refuse delivery of the Volumes, nor to demand compensation or compensation of any kind. In the event of delays in deliveries exceeding 60 (sixty) days, the Customer will have the right to cancel the order and receive the refund of any amounts already paid, without the right to any refund or further compensation.
MB also reserves the right to proceed with the “partial delivery” in the event that one or more products subject to the order are found to be unavailable: in this case only the products available will be sent. Consequently the amount of the order will also be reviewed and, in the event of payment, a partial credit will be issued. The confirmation e-mail will contain the confirmation documents required by the articles 52 and 53 of the Consumer Code. In any case, the Customer may obtain the aforementioned information by consulting the website and downloading this document containing such information on its own media for printing or archiving.
Right of withdrawal
Under Article. 64 of the Consumer Code, and of the European Directive 2011/83 / EU, the Customer (if it can be qualified as a “consumer” pursuant to article 3 of the Consumer Code) has the right to withdraw from the contract and to return the Volumes ordered, provided they are in the same state in which you received them. This return can be made without penalty and without specifying the reason. The right of withdrawal must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter a.r. to Massimo Braglia, via Catellani 13, 41012 Carpi (MO), Italy within the term of 14 (fourteen) calendar days from the day of receipt of the Volumes. The above communication can be sent, within the same period, also by e-mail to MB at email@example.com, provided that it is confirmed, by registered letter with return receipt, within 48 (forty eight) hours after the sending the e-mail.
All returns, for the sole purpose of verifying the existence of the requirements provided for by law for withdrawal, must be authorized by the MB Customer Service. The Customer may return the Volume to the following address: Massimo Braglia, via Catellani 13, 41012 Carpi (MO), Italy. The return of the Volume must take place within 14 (fourteen) days of receipt of the communication of the surrender authorization. The shipping costs will be entirely borne by the Customer, and parcels on delivery will not be accepted.
Once the Volumes have been received and their integrity has been verified, if the Volumes are not damaged and if they have not been opened, MB will, as soon as possible and in any case in compliance with the terms and the methods provided for in the web by art. . 67 paragraph 4 of the Consumer Code, to credit the Customer with the cost of the returned Volumes, withholding, where necessary, the amount of any shipping charges not paid by the Customer, which will remain permanently charged to the Customer.
The right of withdrawal cannot be exercised by the Customer in the event that the volumes purchased have been damaged or opened by the Customer.
All mandatory provisions of law protecting consumers are understood, understood as Customers acting outside their professional activity pursuant to the definition of consumer contained in art. 3 of the Consumer Code. With reference to the processing of the Customer’s personal data, please refer to the paragraph of the Information on the processing of personal data, which follows.
Information regarding the processing of personal data.
According to the art. 13 of Legislative Decree 30 June 2003, n. 196 and subsequent amendments and additions to the Code regarding the protection of personal data, in turn inspired by Recommendation n. 2/2001 that the European authorities for the protection of personal data adopted May 17, 2001 to identify some minimum requirements for the collection of personal data online, and, in particular, the methods, timing and nature of the information that data controllers must provide users when they connect to web pages, regardless of the purposes of the link (hereinafter, the “Privacy Code”), as an Interested Party, we inform you that the personal data you provide or otherwise acquired, where lawful, in the context of our activity (hereinafter the “Data”) are treated in compliance with the Privacy Code and the obligations of confidentiality inspired by the activity of Massimo Braglia (hereinafter “MB”). The Data is collected by electronic means and subsequently processed by computerized and manual means, exclusively for purposes connected to the provision of the services requested by the user, such as registration on the website, subscription to the newsletter service, reply to questions from the user and sending information requested by the user. The processing is carried out in compliance with the safety regulations in force, with particular but not exclusive reference to the Annex to the Privacy Code B (Technical Regulations regarding minimum security measures).
Information systems and computer programs are configured to minimize the use of personal and identification data not necessary for the purposes of processing specified above. The provision of data is necessary to provide the services requested by the user, such as registration on the website and registration to the newsletter service. In order to answer the user’s questions and send information requested by the user, failure to provide such data will make it impossible for MB to provide the services requested by the user and to respond to the user’s requests. The data could be used to ascertain responsibility in the event of hypothetical unauthorized access and computer crimes against the website.
The Data will be accessible within the organization of MB exclusively to people who need to know them according to their duties in conjunction with the performance of the contractual relationship with you as a processor and, where appointed, to the Data Processor . The complete and updated list of the data processors, if appointed, will remain at your disposal at the Data Controller. The Data may be communicated to institutions, authorities, public institutions, banks and credit institutions, professionals, independent collaborators, business partners and third parties of which MB uses for the execution of the contractual relationship, as well as to anyone who is a legitimate recipient of communications provided by law or regulation. Such subjects will treat the Data as Holders, Managers or persons in charge of processing, depending on the case, exclusively for the purposes of the treatments specified above. The data will not be disseminated in any way.
MB informs you that you can enforce the rights set forth in art. 7 of the Privacy Code, among which we remind you, by way of example only, of the right to request access, cancellation due to violation of the law, updating, correction of data and blocking for legitimate reasons of processing.
The Data Controller is Massimo Braglia (MB) with registered office at via Catellani, 13, 41012 Carpi (MO), Italy,
who can be contacted at the following e-mail address: firstname.lastname@example.org.
MB notes that, in relation to the treatment required to provide the services requested by the user, such as registration on the website, registration with the newsletter service and the processing necessary to answer user questions and send the requested information to the user , including the communication to the subjects specified above, within the limits and with the methods established by law and by this information, pursuant to art. 24 of the Privacy Code, your consent is not necessary, as this processing is necessary for the provision of the services requested by the user and to respond to user requests.
Legal notice for the website
- This page contains information on the property, copyright and confidentiality, whose conditions must be scrupulously observed and respected by all users and operators of the website www.bookkarate.com.
- The contents (texts, images, sounds, videos, graphics, trademarks, logos, audiovisuals, etc.) of this website – visible at www.bookkarate.com – are the exclusive property of Massimo Braglia; except for all the open source and non-open components, for which the respective owners are also recognized in accordance with the methods of use dictated by them. This content is protected by the current legislation on the protection of copyright contained in law n. 633/1941 and subsequent amendments and additions (hereinafter “LdA”). In the case of photographic reproductions belonging to third parties entered on the website and in the volume, the author and publisher are at the disposal of those entitled to whom it was not possible to communicate.
- Reproduction, communication to the public, making available to the public and dissemination without the authorization of those having the right to hold everything on the website is strictly prohibited. The penalties provided for by the art. 171, 171-bis, 171-ter, 171 quater, 174-bis and 174-ter of the aforementioned LdA.
- On the contents present on the website, the owner of the same Massimo Braglia may, at his discretion, provide for technological protection measures pursuant to and for the purposes of articles 102 quater ss. of the LdA, consisting of the devices and / or components that are intended to prevent or limit acts not authorized by the rights holder; on the same may also be present electronic information on the regime of rights indicating the terms and conditions of use of the works and / or materials, the author of the work or any other holder, as well as numbers or codes representing such information or others identification elements. Therefore, no part of this website, including sounds, photos, videos and images, may be reproduced or copied, except on various agreed and documented indications. In any case, the reproduction of the materials published on this website, where expressly permitted, can be carried out, in any case, for exclusively personal use, provided that it is non-profit and without direct or indirect commercial purposes, in compliance with the protection measures.
- This website may contain links to other sites on the Internet, which are not under the control of the owner of this website; any publication of the aforementioned links on this website does not imply the approval or endorsement by the owner of this website, of the relative sites and their contents; nor does it imply any form of guarantee from the latter. Therefore, the user acknowledges that the owner of the website is not liable, purely by way of example, for the truthfulness, correctness, completeness, respect for intellectual and / or industrial property rights, legality and / or any other aspect of the aforementioned Internet sites, nor is it liable for any opposition to public order, morality and / or in any case to the moral of the website owner, therefore, does not assume any responsibility for links to other Internet sites.
- The website owner is not responsible for service interruptions and / or malfunctions and any damage resulting therefrom; can not be held responsible for the consequences that may arise to users due to any malfunctions, for direct or indirect damages and for the loss of profits that may derive from them to users.
Through this website the data is collected and stored anonymously for marketing and optimization purposes. All visitor data is saved using an anonymous user ID to create a usage profile. It is possible that cookies are used to collect and save these data; however these data remain anonymous. The data is not used to personally identify a visitor and is not combined with any other type of confidential information. It is possible to revoke the authorization to collect and store data at any time, as well as to oppose in any case, for legitimate reasons, to their processing with immediate effect.
Requests should be sent to Massimo Braglia via e-mail, at: email@example.com.