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Ligabue Magazine n° 74
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General Terms of Sale

Last revision of 15/02/2012

Foreword – Effectiveness of the General Terms – Amendments
1. - These General Terms of Sale (hereinafter the General Terms) govern the purchase of products and services, performed remotely and supplied, via the Internet, by the www.ligabuemagazine.it website (hereinafter the Website).
2. - The products supplied by the Website are principally books, files and e-books; the services provided by the Website are those connected with the sale of said products. All the products and services supplied are described in detail on the home page of the Website (www.ligabuemagazine.it) in the respective sections, divided by product category.
3. – The Website Manager is Fondazione Giancarlo Ligabue (hereinafter “Ligabue”), with registered office in San Marco, 3319, 30124, Venezia, VAT number 04374850271.
4. - All purchases of products and services made through the Website (hereinafter the Purchase Agreements) by users accessing it (hereinafter the Customers) are governed by the General Terms and also by the other requirements and operating instructions contained on the Website. In the case of a difference between what is indicated in said requirements and operating instructions and what is contained in the General Terms, the latter prevail.
5. - Any transaction and/or term of payment granted to the Customer in derogation from the General Terms will only be valid if Ligabue has accepted said derogating term in writing.
6. - The requirements of these General Terms are applied without distinction to all Customers, with the exception of those which are expressly indicated as applicable solely to Consumers. The term “Consumer” refers to a natural person who purchases the products or services offered by the Website for purposes unrelated with any business or professional activities performed; for purposes of these General Terms, it is presumed that a Customer who sends a purchase proposal for products and services and indicates their VAT number in the area of the Website dedicated to the Customer’s master data is not a Consumer. Articles 50 to 63 of Legislative Decree no. 206/2005 are applied to Purchase Agreements signed with Consumers.
7. - Ligabue invites each Customer to read these General Terms carefully before performing any purchase transaction and, once the Website purchase procedure is concluded, to print them and keep a copy or save them in electronic format.
8. - Ligabue may change the contents of the General Terms indicated in this document at any moment and without prior notice. Any changes made will come into effect from the date of publication on the Website, as declared in the heading of the General Terms themselves.

Purchasing procedure
9.- The Customer may purchase the products present in the e-catalogue, illustrated in detail on the home page of the Website, in the respective sections and by product category, as described on the relative information cards contained on the Website, using the technical access procedures shown there. Publication of the products and services shown on the Website is an invitation to the Customer to formulate a contractual proposal of purchase. The order sent by the Customer is equivalent to a contractual proposal and implies full knowledge and total acceptance of these General Terms.
10. – Correct receipt of the Customer’s proposal is confirmed by Ligabue through an automatic reply sent to the e-mail address communicated by the Customer and only confirms correct receipt of the proposal on the computer systems. This confirmation message will indicate the planned date of shipment and a “Customer Order Number”, to be used in each subsequent communication with Ligabue. In addition to the obligatory information required by law, the message also contains all the data entered by the Customer, who agrees to check said data is correct and notify any corrections promptly.
11. - Each order may be viewed by the Customer on the Website, in their own personal area, immediately after sending the order. Up until the moment when the order is fulfilled by Ligabue (communicated to the Customer by updating the information contained in their own personal area), the Customer may change or cancel the order, exclusively through the specific access and change functions provided in said personal area.
12. - Each Purchase Agreement signed between Ligabue and the Customer must be intended as concluded with acceptance of the order by Ligabue. Ligabue is entitled to accept or not, at its own discretion, the order sent by the Customer, without the latter being entitled to submit any claims or possessing rights of any kind, including compensation, in the case of non-acceptance of the order. Acceptance by Ligabue is considered as tacitly granted, unless otherwise communicated to the Customer within 48 hours of sending the order, via an e-mail sent to the address communicated by the Customer. After Ligabue has sent the order confirmation, if Ligabue discovers (due to technical or formal errors) that the price and/or characteristics published on the Website for the products and services of the Customer’s proposal are incorrect, Ligabue will expressly inform the Customer of this, asking them, if still interested, to submit a new proposal.
13. – By sending this order, using the various methods indicated by the operating instructions on the Website, the Customer declares they have viewed all the indications provided during the purchase procedure and accept in full the General Terms and the terms of payment described therein.

Product prices – delivery costs – product availability
14. - All product prices are clearly indicated on the Website and are intended as including solely VAT. They do not include any further and different taxes, levies or duties imposed by the relative applicable legislation, such as import taxes. Insofar as is necessary, the Customer must therefore clear imports through customs and pay any duty and taxes (other than VAT) due in the country of importation.
15. - If a product is presented on the Website in different areas from the specific sections dedicated to product purchase transactions or without the “add to shopping basket” icon, said product is not available for sale through the Website.
16. - Product prices and availability, as indicated on the Website, may be amended at any moment and without prior notice, except in the case of orders in the process of acceptance or as accepted above by Ligabue, to which the current terms of sale when the order is sent by the Customer will be applied, with the exception of unaccepted orders, as indicated in the paragraph in point 12.
17. - The products available for shipment are shown on the Website. Product availability is not updated in real time; also, in consideration of the possible simultaneous access to the Website of many users, effective availability of individual products may vary considerably during the same day compared with what is indicated on the Website. Ligabue accepts no commitment and does not guarantee immediate delivery of products purchased and indicated as available on the Website and may therefore not be held liable for any delays in delivery.
18. - If there are delays in the product delivery times compared with the delivery times indicated on the Website before the order is made, Ligabue agrees promptly to notify the Customer through an e-mail sent to the address indicated by the Customer. Up until the moment of shipment by Ligabue, communicated to the Customer by updating the information contained in their own personal area, the Customer is entitled to cancel or change the order at any moment, following exclusively the specific technical procedures and functions indicated in their own personal area.
19. - The cost of each shipment, the amount of which may vary on the basis of the delivery and payment methods and also the country of destination and the total amount of the order, is added to the total price of each Purchase Agreement and is clearly indicated and communicated to the Customer, through the Website, before conclusion of the Purchase Agreement; said shipment cost will also be specified in the Customer’s personal area until the order has been fulfilled.
20. - Visual representation of the products on the Website normally corresponds with the photograph of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, by Ligabue, on the precise correspondence between the image shown on the Website and the actual product; this is particularly the case as far as concerns actual dimensions and/or colour of the covers and/or packaging. In the case of a difference between the image and the written product card, the description on the product card always prevails.

Payments
21.- Payments in fulfilment of the Purchase Agreements concluded through the Website may be made via bank transfer, postal paying-in slip and/or by credit card. The Customer must choose the payment method on concluding the Purchase Agreement. Once the Purchase Agreement has been concluded through acceptance of Ligabue, the payment method may not be changed.

Payments by credit card
22. - If the Customer purchases the products with payment by credit card, the bank of reference will immediately check validity of the card, but will debit the total amount corresponding with each Purchase Agreement solely when the order has been "fulfilled". With this payment method, the Customer will therefore be able to (a) cancel the order (exclusively following the specific procedures and technical functions indicated in their own personal area), without any refund being necessary, or (b) add new products to the order (also using the methods indicated above), increasing the total amount due to Fondazione Giancarlo Ligabue
23. - The purchaser’s credit card details are transmitted via a protected connection directly to the website of the bank managing the transaction. Using methods satisfying applicable regulations in the sector, said information is acquired by Deutsch Bank on request of Fondazione Giancarlo Ligabue and used to proceed with the payment transactions, in the methods specified in the previous point.
24. - Ligabue reserves the right to ask the Customer at any moment for additional information (e.g. a fixed telephone number) or to send a copy of documents proving ownership of the credit card used to conclude the Purchase Agreement. If the Customer fails to send the information or further documentation requested, Ligabue reserves the right not to accept the order or to withdraw from the Purchase Agreement concluded, simultaneously notifying the Customer at the e-mail address indicated.

Payment by bank transfer and/or postal paying-in slip
25. - Ligabue must be notified via fax or e-mail of payment of the products purchased via bank transfer and/or postal paying-in slip, attaching a copy of proof of payment. If this proof of payment is not provided, Ligabue reserves the right not to fulfil the order.
26. - No further amount other than what is agreed in the Purchase Agreement will be due from the Customer to the delivery service on delivery of the products.
27. - If the Customer fails to pay the agreed price, for any reason or cause, Ligabue will ask the Customer in writing to pay the balance and will be entitled to charge the Customer interest on late payment, in the amount contemplated by law; in this case, until the Customer has paid the amount due to Ligabue, the latter reserves the right also to cancel any subsequent product deliveries, terminate any Purchase Agreements in progress and also to block the Website purchase functions, without prejudice to the right to compensation of any further damages.

Deliveries and documentation
28. - All product deliveries will be at the risk of Ligabue. The risk will be transferred to the Customer on delivery of the products to the Customer by the forwarding agent, the carrier or any other agent appointed by Ligabue for delivery.
29. - Ligabue may receive, through the Website, purchase orders with deliveries worldwide. Shipment costs will be calculated automatically by the Website and may be viewed and consulted by the Customer before sending the order. They vary from country to country and may also vary for Italy depending on the payment method chosen.
30.- The Customer may not hold Ligabue liable under any circumstances for delays in fulfilment of the order or in delivery of the products in the Purchase Agreement.
31. - For each Purchase Agreement concluded through the Website, Ligabue will issue a delivery note (Ddt) or, for Customers (not Consumers) who possess and have entered their VAT number in the order master data, an invoice for the products to be sent. The purchase note or the invoice will be sent by Ligabue to the e-mail address indicated by the Customer on the order, pursuant to art 14 of Presidential Decree no. 445/2000 and Decree Law no. 52/2004. The information provided by the Customer on making the order will be used for the invoice. No changes may be made to invoices after issue and invoices also may not be issued after fulfilment of the order to Customers who have not provided their VAT number on making the order.
32. - Unless otherwise communicated to the Customer in writing by the Ligabue Customer Service, delivery of the products is intended as at street level. When the products are delivered by the delivery service used by Ligabue, the Customer must check that (a) the number of packages in the delivery corresponds with what is indicated on the transport documents and (b) the packaging is complete, undamaged or not altered in any way, including the material used to close it.
33. - The Customer must immediately complain about damage to packaging and/or products or non-correspondence of the number of packages or the indications, by writing the words “ACCEPTED WITH RESERVATIONS” on the delivery receipt of the delivery service. The Customer also agrees to notify Ligabue immediately and, in any case, no later than 8 (eight) days from the delivery date, by sending a message via the “Contacts" page, of any problem relating to physical integrity, correspondence or completeness of the products received.
34. - The presence of the Customer or their representative in the place indicated by the Customer and on the scheduled delivery date is always necessary for delivery of the products ordered. In the absence of the Customer (or their representative), the delivery service will leave a notice of a second delivery for the next working day and a telephone number in order to agree on a different delivery date. If the second attempt at delivery is unsuccessful, the purchase order is intended as cancelled and the products will be returned to the Ligabue warehouses. In this latter case, if payment has been made by credit card, Ligabue will refund the Customer for the price of the undelivered products and the shipment cost within 5 days of the products being returned to the warehouse and the relative Purchase Agreement will be intended as automatically and definitively cancelled, with all mutual and further claims for any reason being excluded.
35. - Cases of force majeure, unavailability of means of transport and also any unexpected or unavoidable events which cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery by Ligabue will entitle Ligabue to divide up, defer or cancel, in full or in part, the planned delivery or to terminate the Purchase Agreement. In these cases, Ligabue will promptly and appropriately notify its decisions to the e-mail address indicated by the Customer and the Customer will be entitled to a refund of any price already paid, excluding any further claim, for any reason, against Ligabue.

Right of withdrawal
36. - The Consumer is entitled to withdraw from the Purchase Agreement for any reason and without the need to justify this, provided the procedures indicated are followed.
37. - In order to exercise the right of withdrawal, the Consumer must send a request through the “Contacts” section of the Website. The request must be sent no later than 10 working days from the date when the products are received. It is not possible to withdraw from the purchase of digital products (eBooks).
38. - The Customer is responsible for returning the products, by sending said products through a delivery service of their own choice. The products must be sent no later than 10 working days from the delivery date, to the following address:
Fondazione Giancarlo Ligabue
San Marco, 3319
30124 VENICE (VE)
39. - The Consumer must comply with the following terms and methods in for exercising of said right of withdrawal to be valid :

40. - Ligabue may not be held liable under any circumstances for damage, loss or theft of returned products; every relative risk is therefore the exclusive liability of the Consumer.
41. - Once it has checked the returned product is undamaged, Ligabue will refund the Consumer for the entire amount paid for the products indicated in the Purchase Agreement for which there is withdrawal, no later than 30 days from return of the products. The refund will be made by reversing the amount debited from the credit card indicated by the Consumer or via bank transfer, using the relative instructions and bank details indicated by the Consumer.
42. - In any case of failure to comply with the terms and methods of withdrawal indicated in paragraph 39 above and also in the case of damage to products for causes other than transport thereof, the Purchase Agreement will remain valid and effective and Ligabue will return to the Consumer the unduly returned products, debiting them for the relative shipment costs.

Communications and Complaints
43. - All communications or any complaints of the Customer to Ligabue concerning the Purchase Agreements must be addressed to the Customer Service responsible for management of the Website, compiling the form present in the “Contacts” area of the Website.

Intellectual property rights
44. - All trademarks (registered or not), and also all original works, distinguishing marks or corporate names, images, photographs, written text or graphics and, more generally, any other intangible asset protected by laws and international conventions on intellectual and industrial property rights reproduced on the Website remain the exclusive property of Ligabue and/or its assignees, without access to the Website and/or signing of the Purchase Agreements granting the Customer any right thereon. Any use thereof, even partial, is forbidden without the prior written authorisation of Ligabue, which exclusively possesses all the relative rights.

Applicable law – Court of competent jurisdiction
45. - The Purchase Agreement between the Customer and Ligabue is intended as concluded in Italy and governed by Italian law.
46. - The Venice judicial authorities will have competent jurisdiction for any dispute which may arise, with the exception of disputes with Consumers, for which the judicial authorities in the place of residence or domicile of the Consumer will have competent jurisdiction.

Processing of personal data (privacy)
47. - Reference should be made to the specific area of the Website for regulations on processing of personal data by Ligabue, which may be reached at the following address: redazione.magazine@ligabue.it

General Terms of Supply of the “E-BOOK” Service
48. - These General Terms of Supply of the “E-BOOK” service (hereinafter the Terms of the Service) govern the supply of paid collection services (hereinafter the Service or, at times, the Download) of one or more files in digital format containing literary, dramatic, scientific and education original works (hereinafter the E-Books), created and provided, through the Internet, by the www.ligabuemagazine.it website (hereinafter the Website).
49. - The Service provided by the Website is described in detail on the home page of the Website in the “Terms of Sale” section.
50. - All Downloads of E-Books made through the Website by users who access it (hereinafter the Customers) are governed by these Terms of Service and also by the other requirements and operating instructions contained on the Website. In the case of a difference between what is indicated in said requirements and operating instructions and what is contained in the Terms of Service, the latter prevail.
51. - Ligabue invites each Customer to read these Terms of Service carefully and save them in electronic format before performing any Download operations.

Supply of the Service
52. - The Customer may access the E-Books Service present in the e-catalogue, described in detail on the home page of the Website in the respective sections, by E-Book category, as better described on the relative information sheets contained on the Website, using the technical access procedures described there. Publication of E-Books on the Website constitutes an invitation to the Customer to formulate a contractual proposal for supply of the Service. The Download order sent by the Customer is equivalent to a contractual proposal and implies full knowledge and total acceptance of these Terms of Service.
53. - Correct receipt of the Customer’s proposal is confirmed by Ligabue through an automatic reply sent to the page of the Website from which the Customer has accessed the Service and also an automatic reply sent to the e-mail address communicated by the Customer. The reply of Ligabue is generated automatically by the Website system and confirms correct receipt of the proposal on the information systems. It informs the Customer of the subsequent steps of the Service supply procedure, phase by phase, up to completion of the Download. In addition to the obligatory information required by law, the message also contains all the data entered by the Customer, who agrees to check said data is correct and promptly enter any corrections on the Website .
54. - Each Download order may be viewed by the Customer on the Website, on their own personal page, around 20 seconds after the order is sent. Up until the moment when the Download order is fulfilled by Ligabue, the Customer is entitled to change or cancel the order, exclusively through the specific access and change functions provided on said personal page.
55. - By sending the Download order, using the methods indicated by the operating instructions on the Website, the Customer declares they have viewed all the indications provided during the Service supply procedure and accept in full the Terms of Service and the terms of payment described below.
56. - Ligabue may use other companies for management of part of the Service, such as E-Book hosting and encoding services.
57. - Access to the Service presumes the Customer possesses the necessary hardware and software for correct functioning of the Service itself. Absence of this equipment (or non-purchase by the Customer) will make it impossible for the Customer to use the Service, without any responsibility being attributable to Ligabue. Detailed information on the hardware and software necessary to use the Service is provided on the “FAQ – Frequently Asked Questions” page of the Website.

Service Prices – availability and conservation of E-Books
58. - All the Download prices of the individual E-Books are clearly indicated on the Website and are intended as including solely VAT. They do not include any further and different taxes, levies or duties imposed by the relative applicable legislation.
59. - If an E-Book is presented on the Website in different areas from the specific sections dedicated to Service purchase transactions or without the “add to shopping basket” icon, it is not available for supply of the Service through the Website.
60. - E-Book prices and availability, as indicated on the Website, may be amended at any moment and without prior notice, except in the case of orders in the process of acceptance or as accepted above by Ligabue, to which the current terms of supply when the order is sent by the Customer will be applied.
61. - After the price is paid, the Website will issue an order confirmation with a unique order number, which will allow the Customer to access the E-Book Download page. Once Download of the E-Book is completed, this resides on the Customer’s computer like any other digital file and the Customer is only entitled to the rights and possibilities of use expressly authorised, for each E-Book, by the respective publisher, as indicated on the Website under the item “Product Datasheet” of each E-Book. In any case, the Customer is permitted to view each E-Book and reproduce it in digital format on another hardware medium (for the maximum number of copies allowed by the respective publisher).
62. - E-Books are supplied to the Customer through the Service solely on the basis of a personal license granted to the Customer, which is not transferable to third parties, the contents and limitations of which are agreed each time by the holders of copyright on the E-Books and for which Ligabue is not responsible.
63. - The Customer also acknowledges and accepts that the Service and also several E-Books may have DRM (Digital Rights Management) systems, which involve the adoption of protection technologies or control of digital information, serving to limit, control or prevent certain forms of use of E-Books or their use in certain territories for specific periods of time.
64. - When the Download is made, the Website will send to the Customer the relative information on said limitations, if any, on use of the E-Book. The Customer therefore agrees to use the E-Books in full compliance with said limitations on use and not to infringe in any way the DRM systems as indicated above, if used.
65. - Without prejudice to the above, any use of the E-Book is limited solely to private use by the Customer, with the exclusion of any commercial use. In particular, supply of the E-Book does not transfer to the Customer any right on commercial or promotional use of the E-Books. The possibility of burning or exporting the file is simply a support offered to the Customer and does not constitute a concession, a waiver or other limitation on any right of the holders of copyright on the contents of the E-Books.
66. - Each E-Book may be downloaded by the Customer several times, if it has been lost for any reason. Once the E-Book has been downloaded, the Customer is responsible for not losing, destroying or damaging it and Ligabue may not be held liable in any way with the Customer if this should occur.
67. - Payments on individual Downloads completed through the Website may be made exclusively using a credit card or the other forms of payment indicated on the Website. The Customer must choose the payment method on concluding the Service supply procedure. Once the Download has been concluded, the payment method may not be changed.
68. - If the Customers uses the Service with payment by credit card, the bank of reference will immediately check validity of the card, but will debit the total amount corresponding with each Download only after Download of the corresponding E-Book.
69. - The purchaser’s credit card details are transmitted via a protected connection directly to the website of the bank managing the transaction.
70. - Ligabue reserves the right to ask the Customer at any moment for additional information (e.g. a fixed telephone number) or to send a copy of documents proving ownership of the credit card used to conclude the Download. If the Customer fails to send the information or further documentation requested, Ligabue reserves the right not to accept the order, simultaneously notifying the Customer at the e-mail address indicated.

Right of withdrawal
71.- The Customer is not entitled to withdraw from the Service once Download of the E-Book has started and the Download is final from that moment.

Liability – Limitations and exclusions
72. - The Service is provided ‘as is’, without warranty of any kind, and its functioning is conditional upon its correct use by the Customer.
73. - Ligabue will be liable for delays or disservices exclusively in the case of malicious intent or serious fault directly referable to Ligabue.
74. - Ligabue does not provide any warranty, including, without limitations, any implicit warranty of saleability, suitability for a particular purpose and perfect functioning of the Service. Use of the Service is entirely at the Customer’s risk. Ligabue may not be held liable under any circumstances for consequential, incidental or indirect damages or damages of any kind, including, by way of example, damages due to lost financial profits, interruption of enterprise, arrest of the computer, damage to hardware or software, loss of information or data, or any other damage suffered by the Customer in connection with the use or inability to use the Service, even if Ligabue has been informed of the possibility of said damages occurring.
75. - Ligabue has no control over the E-Books which may be supplied through use of the Service and does not guarantee in any way against them being offensive, obscene, defamatory or, in any case, illegal or damaging to third-party rights. Ligabue may not be held liable under any circumstances for the material contained in the E-Books or, even indirectly, associated with them, to which access is gained via the Service.

Customer’s obligations
76. - The Service is only supplied for the expressly authorised use and in connection with the products, software, applications or all other mediums which the Customer is entitled to use. In particular, the Customer, who is required to ensure they have all the necessary rights, patents or other licenses which may be necessary to use the Service, is prohibited from : (i) altering, translating, distributing or creating works deriving from the Service; (ii) copying or redistributing the Service; (iii) removing notices of ownership or labels identifying the Service; (iv) changing, breaking down or altering the Service in any way; (v) using the Service in a manner which infringes the intellectual property rights of the authors or other holders of rights on the E-Books.
77. - The Customer is also required not to use the Service in a manner which breaches netiquette, not to conduct spamming and not to cause disturbance to others in any way. The Customer agrees to exempt Ligabue from all costs, damage or prejudicial consequence deriving from use of the Service which does not comply with these Terms of Service.
78. - Use of the Service is strictly personal and it may not be used for commercial purposes. Using the Service to supply another service, or part thereof, or an application or part thereof to third parties, is prohibited. In particular, the distribution, transmission or providing of the Service to third parties is forbidden.
79. - The Customer agrees to exempt Ligabue from liability for any loss, damage, responsibility, negative consequence or cost in any way connected with complaints against the Customer due to the fact that they have in any way used materials or products in connection with the Service in violation of any applicable regulation, the rights of third parties or the terms of these Terms of Service.

Information on further services
80. - In order to inform Customers on new Services offered, Ligabue may send informational e-mails to the Customer, if said Customer has flagged the specific box indicated on the pages relating to supply of the Service. If the Customer does not wish to receive these e-mails, they may : (i) choose not to flag the box, or – if the box has been flagged – (ii) ask for sending of said e-mails to cease at any moment.