General conditions of sale
1. These general conditions of sale (hereinafter the "General Conditions of Sale") regulate the purchase of products, carried out remotely via the Internet, from the website. www.deagostini.com/uk (hereinafter the “Website”).
2. The Website primarily markets editorial products. All the products offered are duly described on the Website in their respective sections and/or pages (hereinafter the “Products”).
3. The owner is De Agostini UK LTD (hereinafter, “De Agostini”), with registered office c/o RWK Goodman, 69 Carter Lane, London EC4V 5EQ, email address: firstname.lastname@example.org
4. All Product ordered (hereinafter, “Subscription”) made by users (hereinafter, Customers) via the Website are governed by the General Conditions of Sale. Only persons aged 18 years and over, who are legally entitled to do so are permitted to place Subscriptions on the Website. Therefore, by placing a Subscription, you warrant that (i) you are legally capable of entering into binding contracts; (ii) you are at least 18 years old and (iii) you agree to be bound by these General Conditions of Sale.
5. Any condition, which may be granted to the Customer in derogation of the General Conditions of Sale, shall be valid only if approved in writing by De Agostini.
6. De Agostini invites each Customer to carefully read the General Conditions of Sale before making every purchase and, once the purchase procedure provided for by the Website is concluded, to print them out and to retain a copy thereof.
7. De Agostini may amend and/or supplement the content of the General Conditions of Sale at any time and without notice. Any amendments and additions made shall take effect exclusively with reference to the Subscriptions entered into as of the date of their publication on the Website.
8. The Customer is entitled to purchase the Products on the Website, as illustrated and described in detail in the respective informative sections, by following the technical access procedures. Publication of the Products on the Website constitutes an invitation to the Customer to make a contractual purchase offer. The order sent by the Customer is a contractual offer and implies full knowledge and acceptance of the General Conditions of Sale.
9. De Agostini shall confirm receipt of the Customer’s offer by means of an automatic reply sent to the e-mail address communicated by the Customer and is to be understood as merely confirming the proper receipt of the offer within the IT systems. This confirmation message will indicate the order number to be used in any subsequent communication by the Customer with De Agostini. The message will contain all the data entered by the Customer, who undertakes to verify its accuracy and promptly notify De Agostini of any corrections and/or changes by contacting De Agostini Customer Service at the telephone number 0 20 38 687 521. The service is available from 8AM to 6PM from Monday to Friday except during public holidays.
10. Each Subscription is understood as concluded on acceptance of the order by De Agostini, which will be confirmed by email to the Customer's email address. De Agostini, at its sole discretion, is entitled to accept or deny the order sent by the Customer, without the latter being able to make any claims or exert rights of any kind, including compensation, in the event of non-acceptance of the order.
11. By sending the order, in the various manners specified in the Website’s operating instructions, the Customer declares to have read all the information provided during the purchase procedure and fully accepts the General Conditions of Sale and payment conditions.
12. All Product prices applying from time to time are clearly indicated on the Website and are understood to be inclusive only of VAT.
13. De Agostini reserves the right to unilaterally change the price of any Products subject to the following conditions:
13.1 De Agostini will only increase the price for any Products for a justified reason, meaning any reasonable reason connected to circumstances outside the control of De Agostini that cause a material and unsustainable change in the economic conditions for the supply of the Products under these Terms and Conditions. By way of example, justified reasonsfor De Agostini to vary the price of any Products may include increases in the following costs of supplying the Products: sourcing and production costs, transport costs, postage rates, Bank of England base interest rates and the rate of inflation, and
13.2 De Agostini will give to the Customer at least one month’s notice by email to the Customer confirming the new price for the relevant Product and reminding the Customer of their right to cancel in accordance with paragraph 31 of these General Terms and Conditions, and
13.3 any increase to the price for any Products in accordance with this paragraph 13 will not in any circumstances exceed the change in the Consumer Price Index in the period since the date that the price for the Products was originally specified or, if later, the date that the price of the Products was last increased in accordance with the terms of this paragraph 13.
14. The Website shows the Products available for delivery and the Products available for pre-order. Product availability is in any case updated periodically and may therefore vary from that which is stated on the Website.
15. If the delivery times for the ordered product are delayed in relation to the delivery times indicated on the Website prior to the order, De Agostini undertakes to notify the Customer by email to the address indicated by the Customer. Until confirmation of delivery is communicated to the Customer via e-mail, the Customer has the right at any time to cancel or change the order, exclusively by contacting De Agostini Customer Service, referred to in paragraph 9 above.
16. The cost of each delivery, which may vary according to the total order amount, is clearly stated and communicated to the Customer, via the Website, prior to conclusion of the Product order.
17. The visual representation of the Products on the Website, where available, normally corresponds to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or obligation, by De Agostini, regarding the exact correspondence between the image shown on the Website and the actual product, with particular regard to its size and/or the colours of the Products and/or the relevant packaging.
18. Payments entered into through the Website must be made exclusively by either credit card, PayPal or direct debit.
19. The reference bank will immediately verify the validity of the credit card only, but will charge the amount corresponding to each delivery only when the Products are being prepared for delivery in the De Agostini warehouse. In this event, the Customer shall therefore be entitled to cancel the order - exclusively by contacting De Agostini Customer Service referred to in paragraph 9 above - without any refund being due.
20. Information regarding the Customer’s credit card is transmitted via a secure connection, directly to the website of the credit institution managing the transaction.
21. De Agostini reserves the right at any time to request additional information from the Customer and/or a copy of documents proving ownership of the credit card used to pay the Subscription. If the Customer fails to send the requested information or other documentation, De Agostini reserves the right to decline the order or terminate the Subscription, sending simultaneous notice to the Customer’s email address as indicated by the latter.
22. Risk and responsibility for all Product deliveries will be borne by De Agostini. Risk will be transferred to the Customer upon receipt by the latter of the Products delivered by the shipper, carrier or other agent appointed by De Agostini for delivery.
23. Shipping charges, which will be calculated automatically by the Website, will be entirely visible and clear to the Customer prior to placing the order.
24. De Agostini will issue a delivery note, or, for those Customers (non-consumers) who have entered their VAT number in the order registration details, an invoice for the Products to be shipped, for each Subscription executed through the Website. De Agostini will send the purchase voucher or invoice to the e-mail address indicated by the Customer in whose name the order is made. The invoice will contain the information provided by the Customer when making the order. Once the invoice has been issued no changes to it will be possible, nor will it be possible to issue invoices after the order has been processed to Customers who have not provided their VAT number when making the order.
25. When the Products are delivered by the shipper, carrier, or other agent appointed by De Agostini, the Customer must check (a) that the number of packages delivered corresponds to the number indicated in the transport document and (b) that the packaging is intact and not damaged or altered in any way.
26. In the event of problems concerning the physical integrity, correspondence or completeness of the Products received, the Customer undertakes to promptly report any such anomaly to De Agostini Customer Service.
27. Where Products are delivered by courier, the Customer or their appointee must always be present at the location specified by the Customer. If the Customer (or their appointee) is absent, the courier will leave a notice, telephone number, and a cut-off date to agree on a different delivery date. If the second delivery attempt is also unsuccessful, the Products will be returned to the De Agostini warehouses. In this latter case, De Agostini will contact the Customer to determine the correct delivery address.
28. In the event of force majeure, unavailability of means of transport, unforeseeable or unavoidable events that may cause a delay or make deliveries difficult or impossible or significantly increase delivery costs for De Agostini, De Agostini is entitled to split, postpone or cancel, in whole or in part, the intended delivery or to terminate the Subscription. In such cases, De Agostini shall promptly and appropriately notify the Customer via email of its decisions and the latter shall be entitled to a refund of the price paid, in exclusion of any further claim, for any reason, against De Agostini.
29. Without limitation to the Customer’s right to cancel under paragraph 31 below the Customer is entitled to cancel the Subscription for any reason and without the need to provide any explanations within and no later than 14 days of receiving the first delivery of the Product, by sending the cancellation form available in the Website or by submitting any other explicit declaration of their decision to cancel the Subscription to De Agostini Customer Service at the following address: De Agostini UK LTD., PO Box 3000, Southampton - SO14 0ZW, email address: email@example.com. In this case, the Customer shall return the product to De Agostini within 14 days of the De Agostini’s receipt of the cancellation notice (the deadline shall be met if the Customer returns the goods prior to the expiry of the 14-day period); in this event, the Customer shall be entitled to a refund of the full amount paid for the Subscription subject to cancellation, including shipping costs, within 14 days of receipt, by De Agostini, of the cancellation notice. These refunds shall be made via the same means of payment used by the Customer in the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer shall not incur any costs as a result of such reimbursement. De Agostini is entitled to withhold the refund until it has received the Products or until the consumer has demonstrated that the Products have been returned; whichever situation occurs first. The Customer shall be solely responsible for any decrease in the value of the goods as a result of being handled, other than to the extent necessary to establish the nature, characteristics and functioning of the goods.
30. In order to exercise the aforementioned right of cancellation, the Customer must comply with the following conditions and procedures: • The regulations relating to cancellation relate to the Product as a whole, i.e. the Consumer may not exercise this cancellation solely for one part of the individual Product purchased (e.g. a single edition of a collection); • products forming the Subscription in respect of which the Customer has exercised the right of cancellation must be intact and returned in the original packaging, complete in all its parts (including any ancillary documentation); in particular, where the Products are audio-visual or magazine items, the package seals must not be broken or removed; • in accordance with the instructions received from De Agostini, the Customer shall return the Products to De Agostini and bear all the costs and risks thereof; • if the product is found to be damaged during transport, De Agostini shall only be required to notify the Customer of same in order to enable the latter to make a timely complaint against the courier chosen by the latter and against whom (and/or the relevant insurance company) they shall take recourse.
31. In addition to its right to cancel under paragraph 29 above, the Customer also has the right to freely cancel the Subscription at any time by means of written communication to be sent to Customer Service at the following address: De Agostini UK LTD, PO Box 3000, Southampton - SO14 0ZW, or by email to the following address: firstname.lastname@example.org. In such an event, the cancellation shall have effect from the date De Agostini receives the aforesaid notice and the effects of the cancellation shall not extend to the Product deliveries already sent – and in progress – to the Customer prior to that date. Customers will therefore have no refund rights in respect of such previous Products, nor any obligation to return Products already received and paid.
32. De Agostini is not liable in any way for damage, theft or loss of Products that are the subject of return; therefore, any related risk remains the sole responsibility of the Customer.
33. De Agostini is liable to Consumer for two years after delivery of the Products, for any non-conformities present at the time of delivery, with particular regard to Products found to be defective or damaged.
34. The Customer shall forfeit the rights granted to if the non-conformity detected is not declared to De Agostini, within two months of the date of its discovery.
35. De Agostini will make every effort, at its own expense and responsibility, to replace those damaged or faulty Products, with other Products of the same quality and title available in its warehouses, provided that the defective goods are returned by the Customer in their original packaging. If replacement with the same product is not possible (for example, due to cancellation from the product catalogue), De Agostini will refund the Customer the amount paid for the defective product, in exclusion of any further liability by De Agostini in any capacity whatsoever.
36. All Customer communications with De Agostini in connection with Subscriptions should be addressed to De Agostini Customer Service, as referred to in paragraph 9 above.
37. The Subscription is understood as having been stipulated in United Kingdom and governed by English law.
38. The Judicial Authority of the Customer’s place of residence or domicile shall have jurisdiction in any dispute.
These General Conditions of Sale also apply to pre-orders placed by the Customer. Through the pre-order, the Customer can place an order for a Product not yet available in the De Agostini warehouse. In this case, De Agostini will reserve the Customer's order and deliver the Product as soon as it is available. De Agostini will not charge the Customer any cost for the pre-order and, therefore, cannot be held responsible for cancellations or changes of dates in delivery.
Given the nature of the service relating to Products not yet available in the De Agostini warehouses, the Customer acknowledges and agrees that joining the pre-order service does not guarantee the availability of the pre-ordered Product.
As soon as the pre-ordered Product is available in the De Agostini warehouse and ready for shipment, De Agostini will send an e-mail notice to the Customer and will charge the amount corresponding to each delivery. In order to correctly receive the pre-ordered Product, the Customer must therefore have sufficient availability at the time of charging the cost of the pre-ordered Product.
If the pre-ordered Product could not be available, De Agostini will send the Customer an email to communicate the reason.