1. Premises
1.1 These general terms and conditions of sale (the “General Conditions”) govern the methods of sale of products such as books and literary texts (the “Products”) through the website www.anticamentepresente.it (the “Site”) by:

Anticamente Presente Editore S.r.l.s, with registered office in Vignate, 65
27025 Gambolò (PV)
Tax Code and VAT No. 02966250181, REA PV-314601
Registered in the Companies Register of Pavia under no. 02966250181
Contacts: e-mail: info@anticamentepresente.it
PEC: anticamentepresente@lamiapec.it
(“Anticamente Presente Editore” or the “Seller”)

All contractual agreements between the Seller and any individual who makes purchases through the Site and who has the status of “consumer” (the “Customer”) according to Article 3, paragraph 1, letter a), of Legislative Decree 206/2005 and subsequent amendments (the “Consumer Code”) are governed by these General Conditions, in the most recent version published on the Site at the time the order is sent by the Customer, which constitute an integral and fundamental part of every proposal, order and purchase confirmation of the Products.

1.2 These General Conditions apply to all transactions carried out through the Site and may be consulted and saved on the Customer’s device in a readable format (for example, PDF).

1.3 The Seller reserves the right to modify these General Conditions at any time, at its discretion, without obligation to notify Site users in advance. Changes will take effect from the date of publication on the Site and will apply exclusively to transactions concluded after that date. Customers are advised to print a copy of the current General Conditions for future reference.

2. Order process and conclusion of the Contract

2.1 The display of Products on the Site does not constitute a binding offer by the Seller, but rather a simple invitation addressed to consumers to conclude a contract for the sale of goods (the “Contract”).

2.2 The purchase order sent by the Customer to the Seller through the Site constitutes a contractual proposal. The Contract is considered concluded with the acceptance, even partial, of the order by the Seller, according to the methods described in Article 5.4 below. By placing the order through the provided procedures, the Customer confirms that they have taken note of all the information provided during the purchase procedure and accept in full, without conditions and without reservations, the General Conditions and the payment terms set out below.

2.3 The current General Conditions of Sale, as published on the Site and accepted by the Customer at the time of purchase and/or registration on the Site, exclusively and specifically govern every transaction concluded through the Site between the Seller and the Customer, regardless of their nationality.

2.4 At the end of the online purchase procedure, the Customer must print or save an electronic copy of these General Conditions of Sale and keep them, in accordance with Articles 49 and following of the Consumer Code regarding distance selling.

3. Registration on the Site

3.1 To proceed with the purchase of one of the Products available on the Site, the Customer is not required to register an account but must accept these General Conditions at the time of purchase. Failure to accept the General Conditions prevents completion of purchases on the Site.

3.2 Registration on the Site is free and optional. To create an account and access their reserved area, the Customer must complete the registration form, providing the requested data (first name, last name, e-mail address) and choose a password (the “Registration Credentials”). Registration will be confirmed by an email sent to the address provided by the Customer. Subsequently, if the Customer makes purchases, it will be necessary to complete their profile by providing any additional information, such as shipping and billing address, if different.

3.3 Registration is reserved exclusively for Customers who have reached the age of majority and who use the Site for personal purposes, not linked to commercial, entrepreneurial or professional activities.

3.4 The Customer may modify their Registration Credentials at any time by accessing the Site and selecting the “Your account” section, located at the top right of the homepage.

3.5 Registration Credentials are personal and must be used exclusively by the Customer, without the possibility of transferring them to third parties. In case of suspected unauthorized use of their Credentials, the Customer must immediately inform the Seller.

3.6 The Customer is solely responsible for access to the Site through their Registration Credentials and is directly liable for any damage or loss caused to the Seller or to third parties as a result of improper use, loss, theft by third parties or incorrect storage of their Credentials. Any operation carried out through the Registration Credentials will be considered performed by the Customer to whom they belong.

3.7 The Customer must promptly inform the Seller if they suspect that their Registration Credentials have been stolen or, in general, used by third parties.

3.8 The Seller reserves the right to refuse any order that appears anomalous, either due to the number of Products purchased or the frequency of purchases made on the Site.

3.9 The Customer undertakes to hold the Seller harmless from any liability for damages and/or sanctions arising from or related to the Customer’s breach of the provisions contained in this section of the General Conditions.

4. Use of the Site

4.1 During the use of the Site, the Customer is expressly prohibited from: (i) interfering with or attempting to interfere with the correct functioning of the Site, for example by modifying and/or limiting access to the Site or to other accounts, computers or networks connected, using viruses or any other software integrated in the browser or device used to access the Site; (ii) sending email lists, auto-responders or “spam” to addresses on the Site, or using devices, scripts, robots or any other automatic or manual method to access the Site illicitly, perform “scraping” and/or “crawling”, acquire, copy, transmit, mirror any content of the Site, or use other processes that may damage the functioning of the Site; (iii) decrypting, decompiling, disassembling, decoding or in any way attempting to extract secret codes or algorithms relating to the Site.

4.2 The Site and all its content, including, by way of example, texts, listings, photographs, images, video and audio clips, advertising texts, as well as trademarks, logos, domain names, trade names and any other material subject to proprietary rights (including source code) and/or any other form of intellectual property (collectively, “Material”), are the property of Anticamente Presente Editore or of other third-party licensors of Anticamente Presente Editore, and are protected by national copyright, trademark, advertising laws and other international intellectual property laws and treaties that protect unauthorized use, copying and dissemination.

4.3 Nothing in these General Conditions and/or on the Site shall be interpreted as an implicit grant, by acquiescence or otherwise, of a license or right to use any Material in any way, without the prior written consent of Anticamente Presente Editore S.r.l.s.

4.4 Unauthorized use, copying, reproduction, modification, republication, download, mailing, transmission, assignment, distribution, duplication or any other improper use of the Material is prohibited.

5. Conclusion of the Contract

5.1 Once the Products the Customer wishes to purchase have been selected, the Customer may add them to the cart using the corresponding button on the Site (the “Cart”). When the Customer places an online order for the Products in the Cart, they agree to purchase them at the price indicated in the information provided in the corresponding section of the Site and according to the terms set out in these General Conditions in force at the time of the order.

5.2 The conclusion of the Contract relating to the Products selected by the Customer is confirmed by the Seller by sending an email message (the “Confirmation Message”).

5.3 The Customer may purchase only the Products available in the Site’s electronic catalogue at the time of sending the order, as described in the corresponding information sheets.

5.4 It may happen that, due to IT, technical, system or other errors, Products that are no longer available for purchase are displayed. In that case, the system will not allow completion of the order. If, despite this, the Customer manages to finalize the purchase, the Seller will promptly inform them by e-mail, and the Contract will not be considered concluded. If payment has already been made, the Seller will refund the amount of the purchased Product within 5 (five) days of receipt of the payment.

6. Price and shipping costs

6.1 The sale price of the Products includes standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable).

6.2 If, during the selection of Products on the Site referred to in Article 5.1 above, the Customer notices that the price of one or more Products they intend to purchase is manifestly different from that indicated in the description, net of any discounts or promotions in force, they are invited not to complete the order and to report the technical error to the Seller by sending an e-mail to the address indicated in Article 1.1. For prices preceded by the wording “from”, it is understood that the final price will be that shown at the end of the configuration of the chosen Product.

6.3 Unless otherwise indicated at the time of the order, shipping costs for the Products are not included in the purchase price shown for each Product and are calculated and shown at the end of the purchase process, before conclusion of the Contract and payment, based on the destination country.

6.4 The Seller reserves the right to change Product prices at any time; however, Products purchased will be charged to the Customer based on the prices indicated on the Site at the time of conclusion of the Contract and reported in the Confirmation Message.

7. Payment methods

7.1 The Customer may pay for the Products using debit/credit cards and/or digital payment applications such as PayPal and credit card. The charge on the chosen payment method occurs at the time of order confirmation. To ensure transaction security, the Seller reserves the right to request from the Customer additional information or documents certifying the ownership of the person who made the payment. At no stage of the purchase process does the Seller have access to or can view the Customer’s card details, as such information is transmitted securely by the payment gateway provider that handles the transaction.

7.2 In case of order cancellation, either by the Customer or due to non-acceptance by the Seller, the latter will request the cancellation of the transaction. The time required for cancellation, depending on the type of card used, depends exclusively on the banking system’s timing. Once the transaction cancellation is completed, the Seller will not be held responsible for any damages, direct or indirect, arising from any delays in the refund by the banking system.

7.3 The Seller reserves the right to request further information (for example, a landline telephone number) or a copy of documents certifying ownership of the card used. In the absence of the requested documentation, the Seller reserves the right to refuse the order.

7.4 If payment is made by credit card, the Customer will be directed to a secure site and card data will be sent directly to the operator in charge of payments on behalf of the Seller. The transmitted information will be protected by encrypted transfer, using SSL (Secure Socket Layer) or TLS (Transport Layer Security) systems.

7.5 At no stage of the purchase process does the Seller access or store the buyer’s credit card information, which is transmitted securely directly to the banking institution’s site that handles the transaction. No electronic archive of the Seller will retain such data. Therefore, the Seller cannot be held responsible for any fraudulent or improper use of credit cards by third parties during product payment.

7.6 If required by applicable law, the Seller will issue a fiscal receipt accompanying the Products. The information provided by the Customer at the time of purchase will be used to issue the fiscal document. Once the fiscal document has been issued, it will not be possible to make changes.

8. Shipping and delivery of the Products

8.1 Shipping costs for the Products are borne by the Customer and are communicated by the Seller before completion of the purchase. Shipping is free for orders over 50 euros.

8.2 The Site and the Confirmation Message indicate the estimated times for order processing and delivery of the Products. The Seller accepts orders only for delivery to countries specified during the purchase process.

8.3 The Seller reserves the right to refuse orders with delivery to locations not included among the options available on the Site.

8.4 Products purchased will be shipped by courier (the “Carrier”) and delivered during working days (excluding Saturdays, Sundays and local and national holidays), within the term communicated by the Seller, except in cases of force majeure or unforeseen circumstances. In any case, delivery will take place at the latest within thirty days from the date of conclusion of the Contract. If delivery does not take place within the indicated term, the Customer may contact the Seller at the contact details provided in Article 1.

8.5 For delivery of the Products, the Customer must provide all necessary information during registration on the Site and completion of the profile, including the shipping address and the telephone number of the recipient, if different from the purchaser. Delivery will be made exclusively to the recipient indicated by the Customer at the time of purchase, as stated on the consignment note. The Customer expressly agrees that the Carrier may request, at the time of delivery, a valid identity document.

8.6 At the time of delivery of the Products, the Customer is obliged to verify that the packaging is intact, not damaged, not wet and does not show alterations, including in the sealing materials.

8.7 Any damage to the Products’ packaging, the mismatch in the number of packages or discrepancies with the recipient’s references must be promptly reported to the Seller, attaching adequate photographic documentation that demonstrates the defects found.

8.8 The Customer’s right to file complaints regarding any defects in the Products received remains unchanged, under the conditions set out in Article 10 below.

8.9 The risk of loss or damage to the Products purchased will be transferred to the Customer at the moment they take physical possession of the Products and have not promptly reported any defects, as provided in Article 8.5, following the procedures indicated in Article 10 below.

8.10 The Customer will acquire ownership of the Products purchased only after full payment of the amount due, including any shipping costs.

8.11 In case of failed delivery due to the recipient’s absence, the Carrier will provide the Customer with the necessary instructions for collection or redelivery of the Products.

9. Right of withdrawal

9.1 Pursuant to Articles 52 and following of the Consumer Code, the Customer has the right to withdraw from the purchase Contract for any reason, without giving reasons and without incurring penalties, within 14 (fourteen) days from the date of delivery. The delivery date is understood as the date on which the Customer, or a person appointed by them, acquires physical possession of the Product. The Customer must send a written communication to the Seller, using the contact details indicated in Article 1, before the withdrawal deadline. It is possible to use the standard withdrawal form, if desired. It is also possible to use the online form available on the Seller’s website at: https://anticamentepresente.it/en/right-of-withdrawal

9.2 Following the exercise of the right of withdrawal in accordance with Article 9.1, the Customer is obliged to return to the Seller the Products for which they exercised the withdrawal within 14 (fourteen) days from the date of communication of the withdrawal itself.

9.3 Products for which the Customer has exercised the right of withdrawal must be returned to the Seller, with return shipping costs borne by the Customer. Otherwise, the return will not be accepted.

9.4 The Seller will refund the amount paid by the Customer by crediting the payment method used at the time of purchase, without undue delay and, in any case, within 14 (fourteen) days of receipt of the returned goods.

9.5 Upon arrival at their warehouse, the Products for which the Customer has exercised the right of withdrawal will be inspected to verify any damage not caused by transport. The Customer will be held responsible for any decrease in the value of the Products resulting from handling them.

9.6 If the returned Products are found to be damaged (for example, signs of wear, abrasions, scratches, dents, etc.), the return of the Product will not be accepted. Consequently, the Seller will not proceed with the refund of the amount paid.

10. Legal warranty

10.1 All Products purchased by the Customer are covered by a 24 (twenty-four) month warranty from the date of delivery, for conformity defects, as provided by Articles 130 and following of the Consumer Code. The warranty does not apply in case of use of the Product not in accordance with its intended use and/or the instructions and warnings provided by the Seller or shown in the Product’s documentation.

10.2 If a purchased Product has defects, the Customer must contact the Seller at the contacts indicated in Article 1, providing adequate photographic documentation showing the defect. In the absence of such documentation, the return will not be accepted by the Seller.

10.3 The Customer has the right to request, at no additional cost, the repair or replacement of the defective Product within the terms established by law. Alternatively, if one of the remedies indicated above is not possible, the Customer may obtain a price reduction (by partial refund to the payment method used for the purchase) or decide to terminate the Contract. If the Customer does not notify the Seller of the defects found within 2 (two) months from the date they became aware of them, they will lose the rights provided by this article, in accordance with the Consumer Code.

10.4 Defective Products may be returned by courier, sending the shipment to the Seller at the addresses indicated in Article 1.

10.5 In the case of return by courier, the shipping costs for the return of Products to be repaired or replaced, as provided by this clause, will be borne by the Seller, as well as the costs for delivery to the Customer of the repaired or replacement Product. Return shipping costs will be reimbursed to the Customer only if the Seller actually finds the defects or non-conformities reported during the inspection of the Product returned under warranty.

10.6 The Seller will, at no expense to the Customer, restore the conformity of the Product or replace it with a new one within 14 (fourteen) working days from the date of return. If the Product is unavailable, the Seller will communicate the termination of the Contract and will refund the full price paid by the Customer.

10.7 Any refund due as a result of termination of the Contract or price reduction will be made using the same payment method used by the Customer at the time of purchase.

11. Seller’s limitation of liability

11.1 The Seller is not liable for any damages of any kind resulting from improper and/or non-compliant use of the Products with the instructions provided, or in violation of applicable laws and regulations. The Seller’s liability exists only in case of breach of its contractual obligations.

11.2 Except as provided in Article 10 above, the Seller gives no statement or warranty, express or implied, regarding the ability of the Products offered to meet the Customer’s specific needs.

11.3 In no case will the Seller be liable for:

11.3.1 errors in payment through services provided by third parties, which occur due to the Customer’s connection problems or interruption thereof;

11.3.2 damages resulting from suspension or interruption of the payment service provider’s website;

11.3.3 damages caused by third-party cyber attacks on the payment service provider’s site that alter the information contained therein.

12. Force majeure

12.1 The Seller will not be liable for any non-performance or delay in the performance of any contractual obligation that depends on events beyond its reasonable control (force majeure), as provided by Articles 1463 and 1464 of the Civil Code.

12.2 A force majeure event includes any action, event, omission or incident that occurs outside the Seller’s reasonable control; by way of example, but not limited to, it may derive from:

1 Strikes, lockouts or other forms of trade or industrial action;

2 Fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters;

3 Inability to use railways, maritime transport, air transport, road transport or other public or private means of transport;

4 Measures, laws, regulations or restrictions imposed by governmental authorities;

5 Civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, wars or preparations for armed conflict.

13. Customer data and privacy protection

13.1 To complete registration, send the order and conclude the Contract under these General Conditions, it is necessary to provide certain personal data through the Site.

13.2 The Customer acknowledges that the personal data provided will be recorded and processed by the Seller in accordance with Italian law and the General Data Protection Regulation (GDPR 679/2016), in order to manage and complete purchases made through the Site and, with prior consent, for any further activities as described in the privacy information provided to the Customer during registration.

13.3 The Customer declares and guarantees that the information provided to the Seller during the registration and purchase process is accurate, complete and truthful.

13.4 The Customer will have the opportunity to update and/or modify their personal data provided to the Seller at any time by accessing the appropriate “Your account” section of the Site, subject to authentication.

13.5 For any further information regarding the methods of processing the Customer’s personal data, please consult the Site’s Privacy Policy section.

13.6 With regard to payment data relating to credit card payments, the Seller uses third-party services that employ advanced technologies to ensure high standards of reliability, security, protection and confidentiality in the transmission of information online.

14. Applicable law and competent court

14.1 The sales Contract between the Seller and the Customer and these General Conditions are governed by Italian law, in particular by the Consumer Code, without prejudice to the application of mandatory rules for Customers residing in countries other than Italy.

14.2 Any dispute arising from the interpretation, validity and/or enforcement of these General Conditions and/or individual sales contracts between the Seller and the Customer shall be subject to the exclusive jurisdiction of the court competent in the place of residence or domicile of the Customer.