General Sales Conditions

1. Validity

These contract conditions ("Conditions") regulate the sales service and supply of products by Techvision Sistemi Multimediali Srl (hereinafter "Edizioni TSM"), a company with legal headquarters in Frascati (Italy), Via Borgo San Rocco, 9 – with fiscal code number, VAT number and Rome Businesses Register enrolment number 09381751008.

2. Contract between the User and Edizioni TSM

2.2 There will be no commitment between the User and Edizioni TSM, therefore there will be no conclusion of contract, should obvious errors or inaccuracies, recognisable as such, be made, either by the User or by Edizioni TSM, such as – purely by way of example and not limited to – errors or inaccuracies in User data (including delivery details) or in the identification and/or selection of products and/or their quantity and/or their price. Edizioni TSM reserves the right to check the correctness of the prices of products in the catalogue before dispatching the products themselves and, in the case of error, to cancel the order. Should delivery to the address given prove difficult, the User will be will be notified with a request to make contact with Edizioni TSM directly so as to find an alternative way of delivering the product, or to receive a full refund of the sums paid.

3. Definitions

In these Conditions and in addition to the terms elsewhere defined;
- "Call Center Edizioni TSM" means the telephone number +39 (0)6 88 81 21 16 operative from Monday to Friday, from 9.00 to 18.00 and Saturday from 10.00 to 15.00
- "Catalogue” means the full range of products purchasable online by the User;
- "Consumer Code", means Legislative Decree. 6.9.2005, n°. 206;
- "Conditions" means the general conditions of the contract – including subsequent changes or integrations in compliance with article 12 hereinafter - together with the relative attachments and other information published on the Portal, being an integral and essential part thereof, which regulate the supply of the service between Edizioni TSM and the User;
- according to and pursuant to Article 3 of the Consumer Code, "Consumer" means any natural person who is acting for purposes which are outside his trade, business, or profession;
- "Data" means the data submitted by the User and necessary for the fulfilment of the obligations required by regulations, including fiscal obligations, within the time applicable for the supply of the service;
- "Service Supplier" always means Edizioni TSM;
- "Payment Manager" means the organism that – duly authorised according to the legislation in force – provides the service for Credit Card payment by the User;
- "Privacy Policy" means the information given to the User according to Article 13 of Legislative Decree n°. 196/2003;
- "Order" means the purchase order for one or more products – having completed the compulsory fields and chosen the method of payment – placed by the User by clicking on the "Buy" button;
- "Party" means Edizioni TSM or the client singly;
- "Parties" means Edizioni TSM and the client collectively;
- "Portal" means the www.edizionitsm.it website;
- "Product" means each of the products purchasable through the Portal, as better specified in the Catalogue, including, for example, books, eReaders, CDs, DVDs, Blu-Ray and 3D Blu-Ray discs, videogames, toys, gift boxes, software, apps, merchandising, stationery;
- "Registration Form" means the form on the Portal through which the User submits his/her own data in order to create an account and use the service;
- "Product Description" means all the information describing the product, including the price, availability and terms foreseen for delivery;
- "Service" means the sales service and supply to the User of the products distributed through the Portal, as better specified in the Catalogue, to be considered an integral and essential part of these Conditions;
- "User" means the natural person or legal person who, having previously correctly and truthfully registered his/her own data and having made payment of the sum referred to in Article 6 hereinafter, makes use of the service.

4. Subject

4.1 These Conditions refer to the supply of the service, not exclusively, by Edizioni TSM, regarding the products, about which detailed information can be found in the Catalogue and in the single Product Descriptions.
4.2 Should the product become unavailable during the course of processing the order, Edizioni TSM will inform the User by email and then update the order by removing the unavailable product. The other products in the order (if available) will be sent according to the times stated in the product description, except when unavailable as specified in Article 7 hereinafter. It is understood that, should all the products in the order be unavailable, Edizioni TSM will inform the client by email that the order must be considered cancelled.

5. User Service

For commercial information on the different methods of supplying the service, on exercising the right of withdrawal referred to in Article 9 hereinafter, and on the legal guarantee of compliance referred to in Article 10 hereinafter, contact Customer Service at Call Center Edizioni TSM or send an email from: http://Edizionitsm.sistemimultimediali.com/contatti

6. Payment and Methods of Payment

6.1 The Methods of Payment available are:

- Credit Card (through PayPal);
- Bank Transfer;
- Paypal.

6.2 The prices of the products are clearly indicated in the Product Description, in Euros, and include VAT. Shipping costs may be added to the price of each product (as indicated on the website), thus varying the sum according to the delivery method requested, that is, on the basis of the price of the single product or of the total of products listed in the order. Should the product not be available or become unavailable during the course of processing the order, the User will be informed by email at the email address submitted in the registration form. Edizioni TSM will subsequently reimburse the User the amounts paid for the unavailable product.

7. Delivery of the Products

Edizioni TSM will deliver the products listed in the order to the address submitted by the Customer. All delivery times stated by Edizioni TSM are estimated exclusively on the basis of availability, on the normal processing of the order and on the delivery times given by suppliers and carriers: the Product Description of each product gives a standard availability time which is the minimum time considered necessary to make the product ready for dispatch. Naturally, the effective delivery time may differ from this, should reprinting be in progress, in which case it will depend on the punctuality of the suppliers; the Product Description also states the maximum time for product delivery to the User, except for unusual cases of unavailability about which Edizioni TSM will inform the User by email.
Edizioni TSM may deliver the products purchased in a single shipment or may split the delivery of products listed in a single order, in which case the User will only be charged for the first shipment.

8. Payment Security

8.1 Online payments through the website are, and will always be protected by an advanced web data protection system. Credit Card Payment is made on a secure server managed by a third party company (Paypal), specialised and duly authorised according to the legislation in force to carry out such services: therefore, Credit Card data will be processed exclusively by the Payment Manager. Hence, Edizioni TSM will not have access to Credit Card data but will only manage the User data.
8.2 Edizioni TSM cannot be held liable for any fraudulent use by third parties of User Credit Card data: in such an event the User must immediately contact the Payment Manager and, if need be, the appropriate Authorities.

9. Right of Withdrawal

9.1 According to and pursuant to Article 54 of the Consumer Code, the User who acts as Consumer, has 14 (fourteen) days from the date of receipt of the product to exercise the Right of Withdrawal, and be reimbursed the full amount paid for the purchase of the product, including the costs incurred for delivery. Should the User have chosen to receive split deliveries of the products purchased in a single order, or should a product be made up of several lots or pieces delivered separately, the time limit of 14 days will be calculated from the date of delivery of the last product.
9.2 In order to exercise the Right of Withdrawal, the User must send a registered letter with return receipt requested, a fax, or an email, stating the intention to withdraw, within the time limit indicated in paragraph 9.1 above, to the following address:

Techvision Sistemi Multimediali Srl
-Divisione Edizioni TSM-
Via Borgo San Rocco,9
00044 Frascati (RM)

Italy

Fax: +39 (0)6 99 33 14 05

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

9.3 Within 14 (fourteen) days following the date of communication of withdrawal, the User must return the product by registered post or by tracked shipping to the following address, paying the postage or shipping costs in full:

Techvision Sistemi Multimediali Srl
-Divisione Edizioni TSM-
Via Borgo San Rocco,9
00044 Frascati (RM)

Italy

Once the product has been received, or the User has transmitted proof of postage or shipping of the product, Edizioni TSM will arrange for refund using the method of payment chosen by the User at the time of placing the order.

9.4 The User cannot exercise the Right of Withdrawal regulated by this clause for products which are excluded according to Article 59 of the Consumer Code and, in particular, for the purchase of personalised products or products made-to-measure for the User, perishable or short expiry-date goods, goods sealed for hygiene or health reasons if opened after delivery, sealed audio and video recordings (audiovisual products) and computer software if opened after delivery.

10. Legal Guarantee of Compliance

10.1 Edizioni TSM reminds the User that all products are covered by guarantee against manufacturing faults. In particular, the User, acting as Consumer, is entitled to the legal status of conformity according to Articles 129, 130 and 132 of the Consumer Code and paragraphs following in this Article 10. The User who is not the Consumer (and that is the natural or legal persons who have purchased the products while exercising a business, commercial, artisanal or professional activity, including those requiring an invoice, and submitting their own VAT number) will also be entitled to the faults guarantee according to Article 1490 of the Civil Code and subsequent provisions.
10.2 Edizioni TSM is liable to the User acting as Consumer for any lack of conformity of the product that becomes apparent within 2 (two) years as from delivery of the product itself. The User, under penalty of expiry, must inform Edizioni TSM of the fault, using the methods detailed in paragraph 10.4 hereinafter, by no later than 2 (two) months after the date on which he discovered it.
10.3 Any CD, music DVD, film DVD, Blu-Ray and 3D Blu-Ray disc or videogame bearing the SIAE seal and failing to comply must be returned with the seal intact. Items with the SIAE seal broken or missing will not be accepted. Edizioni TSM will replace or refund only those products with manufacturing faults and not those malfunctioning or not functioning due to possible incompatibility with PC players. DVD products are guaranteed 100% only if used in a DVD player approved as such.

In order to avoid non-refund, before requesting the replacement of the product, it is advisable to make sure the fault persists when using the product in different makes and models of players.
10.4 The products must be sent to the address below at the expense of the User:

Techvision Sistemi Multimediali Srl
-Divisione Edizioni TSM-
Via Borgo San Rocco,9
00044 Frascati (RM)

Italy

11. Changes in the Conditions

Edizioni TSM undertakes to supply the service in the manner, according to the conditions and at the price published on the Portal. Edizioni TSM reserves the right to change or integrate these Conditions, publishing such changes or integrations on the Portal: changes in the Conditions will become effective as of publication on the Portal.

12. Liability of the User

12.1 The User declares and guarantees: (I) to be over 18 years old (in the case of a natural person); (II) that the data submitted to carry out the service is correct and true; (III) to update the data submitted to Edizioni TSM whenever necessary; (IV) to have the power to bind the legal person if represented by such (in the case of legal person).
12.2 The User undertakes not to use the service offered in any illicit or unauthorised way.
12.3 The User ensures that the information submitted in the Registration form and at the time of order is in his/her legal possession and does not violate the rights of third parties.

13. Limitation of Liability

13.1 Edizioni TSM cannot be held liable for late provision of the service or failure to provide the service in any case due to circumstances beyond its control or caused by force majeure, including, purely by way of example and not limited to, natural disasters, adverse weather conditions, sabotage, fire, flood, earthquakes, strikes, malfunctioning of the service as a consequence of malfunctioning telephone or electricity lines, whether world or national networks, such as, purely by way of example and not limited to, breakdown, damage, overload or blackout.
13.2 Without prejudice to previous article 9.1, the Parties agree and reciprocally acknowledge that in any case, the liability of Edizioni TSM cannot exceed the amounts paid by the User to Edizioni TSM for provision of the service.

14. Intellectual Property

All information, data, notices, all marks reproduced, all programmes and/or technologies and/or whatever kind of content transmitted by Edizioni TSM in execution of the service, is reserved and protected. The User is therefore authorised to use the forsaid data, information, notices and content for personal use only and is bound not to distribute, disseminate, license or transfer by any means, including telecommunications, publish, assign to third parties of any kind, said content.

15. Prohibition of Assignment

15.1 These Conditions and the associated service to which they refer, are of a strictly personal nature and, therefore, the User has no right to assign, partially or totally, that is to transfer for any reason, these Conditions to third parties, without the prior and explicit written consent of Edizioni TSM.
15.2 The Parties agree and acknowledge that, should the User ask for the product to be delivered to a third party, the obligations deriving from these Conditions will bind Edizioni TSM and the User according to article 1411 of the c.c.

16. Applicable Law, Jurisdiction and Competent Court

16.1 The service will be regulated, as well as by the present Conditions, by Italian Law and, in particular, with exclusive reference to the User who may present himself as Consumer, by the provisions in Chapter I, Title III, Part III of the Consumer Code.
16.2 Any dispute which may arise between the parties regarding the validity, interpretation or execution of the present Conditions will be subject to Italian Jurisdiction. Except as provided in Article 66-bis of the Consumer Code, and in any case, should the User not present himself as Consumer, settlement of the disputes between the parties will fall within the exclusive competence of the Court of Velletri.
16.3 For settlement of disputes arising from the exact application of the contracts regulated by the provisions of Sections I to IV of Chapter I, Title III, Part III of the Consumer Code, the User may resort to mediation procedures as in the Legislative Decree n°. 28/2010.

17. Illegitimacy of Terms and Conditions

If, for any reason, part of these Conditions should result invalid or ineffective, the validity of the remaining terms and conditions will be fully conserved.

18. Processing of Personal Data

18.1 As better detailed in the Privacy Policy which the Parties shall expressly refer to, Techvision Sistemi Multimediali Srl, via Borgo San Rocco, 9 - 00044 Frascati (RM) as Controller of the processing, guarantees that the data submitted by the User in the Registration Form will be processed according to the provisions in Legislative Decree n°. 196/2003 ("Privacy Code") and any other regulation in force on the subject of Privacy.
18.2 Without prejudice to the rights recognised by article 7 of the Privacy Code, the User data will be processed in the way and for the purpose indicated in the Privacy Policy and for which the User has expressed his/her own consent.

Specific Approval Clauses according to Articles 1341 and 1342 of the c.c.
The User specifically approves the following clauses: 13 - Limitation of Liability and 16 – Jurisdiction and Competent Court.