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Terms of sale

Data controller

Museo Tattile Statale Omero
Registered office: Banchina Giovanni da Chio, 28 – 60121, Ancona (AN)
P. Iva / Codice Fiscale: 02629770427
Tel. 0712811935 – Fax 0712818358
E-mail: info@museoomero.it
Sito Web: www.museoomero.it

DATA PROTECTION OFFICER: Avv. Massimiliano Galeazzi
E-mail: info@studiolegalemcg.it
Certified mail: museoomero@legalmail.it

Premise

The Museo Tattile Statale Omero (hereinafter “Manager”) with registered office in Ancona, in via Banchina Giovanni da Chio, 28, is the editor of an internet site accessible at the address https://www.museoomero.it/negozio/ within which it will be possible to access an area, called the “Shop”, in order to purchase certain books online or services, including workshops (hereinafter “the Platform” and/or “Site”).
In compliance with the national, general and special legislation in force on the subject, these General Terms and Conditions (hereinafter “General Conditions”) have as their object and regulate the advertising and offer, up to the sale, of products sold at retail as well as services, including workshops, (hereinafter “Products”), to Internet Users, through the e-commerce platform hosted on the above-indicated Site, in compliance with the Italian legislation referred to in Legislative Decree no. 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”), and in particular by Section II, as well as by the rules on electronic commerce (Legislative Decree No. 70/2003).
The ownership and management of the Site as well as the ownership of the rights to the domain name www.museoomero.it belong to the Manager whose data are reported in full on the Frontispiece and on the Contacts page.

The user who accesses the Site to make purchases of Products (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions which have been made available to you on the Site and which will be available for consultation at any time by the Customer.
In order to be able to purchase the Products on the Site you must be of legal age.

The General Conditions may be subject to modifications. The modified text of the General Conditions will be promptly published on the Site. In any case, the General Conditions published on the Site and accepted at the time of placing the online order will be applied.
The Manager could be led to change the categories, presentation and organization of the goods or services. These changes could also affect the General Conditions, with the effect of adapting them to such changes. The User agrees to comply with these Conditions and to check the version in force at the time of the order. The User must always accept the current version when placing an order for a product.
The information on the processing of personal data, published on the Site, is to be understood as expressly incorporated into these General Conditions.

Definitions

The terms indicated below, when used in these Conditions, in the singular or in the plural, will have the following meanings:

  • a) “User”: a natural person who surfs the net and lands on the platform;
  • b) “Registered user”: the user of the platform who registers on the same as indicated in these conditions;
  • c) “Buyer”: a natural or legal person, registered on the Site, who orders Products on the Site;
  • d) “Seller”: Museo Tattile Statale Omero;
  • e) “Consumer”: a natural person who, pursuant to the Consumer Code, acts for purposes unrelated to any business or professional activity carried out. Therefore, for the purposes of these General Conditions, whenever it is not necessary to highlight, from time to time, the distinction between the two categories of contractors, in compliance with current legislation for the protection of consumer rights, Buyers and Consumers will be, without distinction, qualified in one way or the other.
  • f) “Platform”, or also “Site”: the electronic platform that puts the Seller in contact with the Buyers;
  • g) “Product”: goods and services, including workshops, offered for sale by the Manager and made available on the Platform.
  • h) “Data”: personal data provided by Users, in compliance with the regulations on the processing of personal data, such as for example the IP addresses transmitted by browsing the platform or the information provided to register on the same;
  • i) “Privacy Policy”: privacy policy published on the Site, relating to the processing of Users’ personal data. The information can be consulted on the page dedicated to Privacy;
  • j) “Contract”: agreement for the purchase and sale of one or more Products concluded electronically between the Parties, by virtue of the General Conditions of Sale accepted by the same.
  • k) “Transaction”: any purchase and sale operation, carried out electronically, which involves the creation of obligations for the Parties;
  • l) “Registration”: the free and voluntary operation carried out by a User which involves the release of authentication credentials (“Identification Codes”), represented by a User ID (in the form of an e-mail address / nickname) and a Password (in the form of an alpha-numeric code), which allow access to the Area reserved for Users (login). Registration has the function of uniquely identifying Users in the event of purchases made over time and of allowing better usability and management of the Site, also through access to the reserved area.
  • m) “Price”: the amount to be paid, as remuneration for the purchase of the Product, valid exclusively for Users. It is expressed in euros, indicated in the Product sheet and must be understood as inclusive of VAT, if due, unless otherwise indicated.
  • n) “Charges”: additional costs charged to Users for the purchase of the Product, such as, for example, shipping costs (which also include packaging). Where envisaged, these charges are in any case specified to the Users before the conclusion of the Contract.
  • o) “Product description”: space on the platform referring to a single product with the essential data and information to illustrate the product, as established by the regulations in force;
  • p) “Delivery”: means the receipt of the Product, object of the sale, at the delivery address indicated by the purchaser, regardless of the subject (logistics operator) who takes care of the related courier activities and who physically carries out the delivery to the User. Further information on shipping and delivery methods is provided in the appropriate section of the Site.
  • q) Coupons: these are more advantageous conditions applied to the normal sales price for some products and for a limited period of time.
  • r) Carta docente: The Carta del Docente (Teacher’s card) is an electronic tool created by the Ministero dell’Istruzione, dell’Università e della Ricerca to encourage the updating and training of teachers from educational institutions by awarding them an annual voucher which they can spend for that purpose. For further information about the card and how to obtain it, please refer to the dedicated website (Carta del Docente istruzione.it)

Procedure for the purchase of Products

Registration

To register on the Site, the Customer must complete the appropriate form by entering their name, surname, e-mail address and other optional information not marked with an asterisk. To proceed with the purchase, however, it becomes necessary to have some contact and residence data to proceed with the shipment. These Data are processed by the Manager in compliance with the Privacy Policy which can be consulted on the Website Users will be able to register for free and registration is required to proceed with the purchase.
Successful registration on the Site will be confirmed to the Customer via a specific e-mail.
Registration on the Site allows the Customer to carry out the following activities through a reserved, personal area: follow the status of the Orders; consult your order history; access support services; manage your personal data and modify them at any time; take advantage of the dedicated services that can be activated from time to time.

Responsibility of the registered user

Registration on the platform is prohibited for users who are under the age of 14. By entering their data on the platform, and sending the registration request, the User declares to have read the information provided by the Manager and to consent to the processing of personal data as indicated by the same. Users are solely and exclusively responsible for the correctness and truthfulness of the data provided during registration on the website and undertake to keep said data updated in the manner prescribed by the website.

All the information provided by the User through registration and while using the Service must be truthful and accurate. For the purposes of this, the User must guarantee the authenticity and truthfulness of all the data entered when completing the forms necessary for registration.
The Username and password needed to access your account on the Site are personal and non-transferable and it is forbidden to transfer access data to third parties. The User is responsible for the use of the password, which must comply with the security terms provided by the platform.

In the event that the User becomes aware or suspects that his password has been violated or disclosed to third parties, it is his responsibility to change it using the appropriate form. It will be the User’s responsibility not to provide the access data of his profile to external subjects.
If it deems it indispensable, the Museo Tattile Statale Omero reserves the right to deny access, at any time and without notice, to Users who violate the Conditions present on the site or the regulations in force.

Order

To purchase the Products, the Customer must add them to the cart and complete the electronic order, following the instructions contained on the Site. The Customer must select the Products and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, he will have to enter the shipping and billing data, if any, select the desired payment method and confirm the order (hereinafter the “Order”). Before sending the Order, the Customer can identify and correct any errors in the data entered by following the instructions on the Site.
By entering the Purchase Order on the Site and sending it, the Customer assumes responsibility for having full capacity to act in relation to the stipulation and execution of the sales contracts concerning the Products and for having read all the information provided during the purchase process.
The stipulated contract must be considered concluded with the sending of an e-mail confirming and accepting the order as provided for in the following article “Acceptance of the order”. The language available to customers for the conclusion of the contract is Italian.

Order acceptance

Acceptance of the Order is communicated to the Customer via e-mail to the address that the Customer indicated during the purchase procedure on the Site. The acceptance of the order itself will contain a link referring to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price and delivery costs.

Refusal and cancellation of the Order

The Museo Tattile Statale Omero reserves the right to refuse or cancel orders that come from:

  • a Client with whom a legal dispute is in progress;
  • a Customer who has previously violated the General Conditions;
  • Customers who have released false, incomplete or inaccurate identification data;
  • a Customer who fraudulently uses discount coupons or any special offer benefits and/or violates the rules governing such initiatives.

Modification and cancellation of the order

The Customer will check the confirmation e-mail and if he identifies errors and wishes to cancel the Order, he can do so within 24 hours of the same by telephone communication. After this term, the Order will be processed for shipment and changes and/or cancellations of the order will no longer be accepted, without prejudice to the Customer’s rights, referred to in the following article “Right of withdrawal”.
Likewise, the Museo Tattile Statale Omero, in case of unforeseen logistical and/or organizational difficulties, may cancel the Order by notifying the Customer via e-mail or, subject to agreement with the same, change the day and/or time of the service or delivery of the product.

Product characteristics

The characteristics and price of the various Products on sale on the Site are shown on the page relating to each Product. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities, but may differ in colour and size.

The packaging of the delivered products may not coincide with that shown on the Site if the manufacturer has modified the packaging and, therefore, for reasons beyond the control of the Museo Tattile Statale Omero.

As regards the Services, including the Workshops, they will be described in the same way in the descriptive product sheet.

In case of difference between the image and the written product sheet, the description on the product sheet always prevails.

When choosing each Product on the Site, any reservation limitations or price changes based on the quantities ordered are indicated. The Museum cannot, in any way, be held responsible for the temporary or definitive unavailability of one or more products.

Prices and delivery costs

All the prices of the Products published on the Site are expressed in Euros, are inclusive of VAT and the delivery costs are borne by the Museo Omero.

Methods of payment and billing

Payment methods

The Customer may pay the price of the Products and the relative delivery costs in the following ways:

  • by Bank transfer;
  • by Paypal.

At payment, where the subjective and objective requirements are met, the Customer can also pay using the Teacher’s Card. For further information, please consult Carta del Docente (istruzione.it)

Order billing

If the purchase is made by a professional, it will be possible to request the issuance of the invoice by indicating it in the “general notes”, during the order procedure and entering the billing information including the tax code and/or VAT number. In this case, the invoice will be sent by e-mail to the address indicated. The professional is responsible for entering the billing data correctly and is expressly informed that, if the invoice is not requested during the order phase, it will not be possible to request it later.
In the event that the Customer requests the issuance of an invoice and/or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal provisions pursuant to art. 8 of these General Conditions will not be applicable nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to “Consumers”.

Transport and delivery

The Products purchased on the Site, when it comes to goods, will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Address” field.
For delivery, the presence of the Customer or a third party who is suitable and authorized to receive the delivery is required. The Client expressly exonerates the Museum from any responsibility in this regard.
Under no circumstances may the Customer refuse delivery of the purchased Products; any complaints may be formulated in accordance with the provisions of the following article “Customer assistance and complaints”.

Upon delivery of the Products, the Customer is required to check that the packaging is intact, not damaged, or otherwise altered, even in the sealing materials. Any damage to the packaging and/or to the Product or problems relating to the lack of one or more Products must be reported within 24 hours of delivery, according to the methods set out in the following article “Customer assistance and complaints”.
The transfer of ownership of the Products will occur at the time of delivery, just as the risk of loss or damage to the Products will pass to the Customer at the time of delivery, i.e. when the latter, or a third party designated by him, materially comes into possession of the products.

The Museum cannot be held responsible for any delays during transport. Similarly, the Museum cannot be held responsible for any loss, damage, incorrect or non-delivery deriving from force majeure or unforeseeable circumstances such as, by way of example and not limited to, natural disasters, strikes, accidents relating to means of transport, etc.

Right of withdrawal

Exercise of the right of withdrawal

The Customer has the right to withdraw from the purchase contract for any reason, even partially, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for later. To exercise this right, the Customer must send the Museum a communication within 14 days from the date of receipt of the Products.
This communication must be anticipated by e-mail and confirmed by registered letter with return receipt, addressed to the Museum, or by certified e-mail (pec) to the address museoomero@legalmail.it, within the following 48 hours.

The Email:

  • must be sent to the email address: info@museoomero.it;
  • must contain in the Subject the explicit reference to the RIGHT OF WITHDRAWAL and the order number;
  • must contain as an attachment the confirmation of the order received. The registered letter with return receipt must be sent to the following address:
    Museo Tattile Statale Omero – Mole Vanvitelliana
    Banchina Giovanni da Chio 28
    60121 Ancona, Italy

Once the communication has been received, the Museum will open a procedure for managing the return and inform the Customer about the products for which return is possible in application of the provisions in the subsequent point “Exceptions to the right of withdrawal”.
The Customer will then have to return the product at his own expense.

The right of withdrawal is governed by the following conditions:

  • The right applies to the Product purchased in its entirety; therefore, if the Product is made up of several components or parts, it is not possible to exercise the withdrawal on only part of the Product purchased.
  • In the event of exercising the right of withdrawal, the Museum will reimburse the Customer for the full amount of the returned Products, within 14 days from the date on which the communication of withdrawal was received, without prejudice to the Museum’s right to suspend payment of the refund until actual receipt of the Products. The Customer is requested to return the Products without undue delay and in any case within 14 days from the day on which he communicated his withdrawal.
    The deadline is respected if the Customer sends back the Products before the expiry of the 14 days.
    The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In the event of a bank transfer, it will be the Customer’s responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
  • The Products must be returned in the same packaging in which they were received.

Where the Product is a service, including a workshop, cancellation will be exercisable until the day on which the same service is to be performed, to be communicated in the same manner.

Exceptions to the right of withdrawal

The right of withdrawal is excluded in the cases provided for by art. 59 of Legislative Decree 21/2014. In particular, the following exceptions to the right of withdrawal are specifically applicable to the sale of the Products:

  • the supply of made-to-measure or clearly personalized goods;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery;
  • the supply of sealed audio or video recordings or sealed computer software which has been unsealed after delivery;
  • the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
  • the supply of digital content through a non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.

In cases of exclusion of the right of withdrawal, the Museum will return the purchased Products to the Customer, charging the shipping costs to the same.
Customers not attributable to Consumers or customers who request the issuance of an invoice with indication of their VAT number are excluded from the withdrawal regulation.

User Obligations

With the acceptance of the General Conditions and the conclusion of the Contract, the Purchaser declares to have carefully read the documents referred to in the Premises. By submitting Orders and making purchases, the User guarantees to be of legal age.

The Purchaser also undertakes to:

  • comply with the information on the Site and these General Conditions, as well as consult them before sending the Order and keep them;
  • use the Site correctly in consulting the Products, in sending Orders and/or requests for information regarding the Products, in concluding Transactions;
  • enter true and correct data during the Website Registration procedure and in any further communications sent to the Manager;
  • promptly update the data and information provided, directly in the reserved area of the Site
  • not enter third-party and/or false and/or fictitious data;
  • indemnify the Museum against any liability deriving from the issue of incorrect tax documents due to errors relating to the Data provided by the User, who is solely responsible for their insertion;
  • without prejudice to compliance with the provisions regarding the protection of industrial and intellectual property by the Manager, the User undertakes to use the images on the Site for exclusively personal purposes, functional to the purchase of the Product, given that the reproduction, publication and dissemination of the same for commercial purposes is prohibited, unless with any specific written agreement with the Manager. It is understood that this prohibition does not apply to social networks and portals that encourage the sharing of images and comments (Facebook ®, Pinterest ®, etc.), guaranteeing in any case the ownership of the rights to the Manager company and to the authors of the works, unless otherwise indicated.
  • in general, the User must respect the laws and the rights of third parties in the use of the contents and services of the Site. Furthermore, it is forbidden to reproduce, distribute, transmit, adapt or modify the contents (texts, drawings, audio graphic files, information, data, archives and/or images, logos, etc.) and other elements of the platform, with the exception of written authorization from the Manager or in cases permitted by law. The User is responsible for the illicit use of data. By virtue of this clause, any action that does not comply with these Conditions and/or performed for purposes other than that of this contract is to be considered prohibited.

Responsibility of the Museo Tattile Statale Omero

The Museum is responsible for the information entered on the Platform in relation to the Products, for the execution of the sales contract concluded with the Purchaser and for the compliance of its activity with the regulations in force.

The Museum guarantees to the Purchaser:

  • the origin and characteristics of the Products;
  • product compliance;
  • the drafting of data sheets relating to the individual products which contain the essential data and information to illustrate the characteristics and qualities of the same in compliance with the regulations in force; it will be the buyer’s responsibility to ask for any additional product information. The product sheets can never be considered binding.
  • the availability of the Products offered for sale (i.e. if they are available to the Museum and ready for shipment in the event of an order from the Purchaser);
  • the transparency of the sale presented on the Platform and the related execution methods (price, general conditions of sale, delivery, right of withdrawal, etc.);
  • the conditions of the after-sales service (legal and contractual guarantee);
  • to be in possession of the requisites necessary to sell the Product on the Platform and to have verified the suitability of the same to be sold (product quality, compliance with industry standards, absence of third party rights);
  • the ownership of the intellectual property rights on the elements registered on the Platform and the availability of all the authorizations necessary for the diffusion of the latter.

Buyer’s Responsibility

The buyer who uses the Platform:

  • checks the characteristics of the products on the Platform;
  • ensures the confidentiality of their profile and password, controlling access;
  • is responsible for all the activities carried out through his account and undertakes to inform the Platform Manager in the event of suspected use of his account and password by unauthorized third parties.
  • ensures the truthfulness of the information provided on the Platform and promptly updates it through the platform whenever there is a change to it.
  • undertakes to use the services offered by the Platform Manager in compliance with the laws in force, without fraudulent purposes or purposes related to crimes or illegal activities.
  • acknowledges that the Platform Manager reserves the right to refuse access, to close an account or to withdraw content if it deems that a Buyer violates the applicable law and/or these Conditions.

Legal guarantees

All products sold on the Museum’s website are covered by the legal guarantee of conformity provided for by articles 128-135 of Legislative Decree n. 206/2005.
The Museum is responsible for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. If a purchased product presents a lack of conformity, the Customer is required to notify it within two months from the date on which he discovered the defect, otherwise the guarantee will no longer be valid.
In order to take advantage of the Legal Guarantee, the Customer must provide the order confirmation or the purchase invoice, if requested, or any other document that can certify the date of the purchase (for example the credit card statement or bank statement) and delivery.

There is a lack of conformity when the purchased item:

  • is not suitable for the use for which goods of the same type are normally used;
  • does not conform to the description given by the seller and does not possess the qualities of the item that the seller has presented to the consumer as a sample or model;
  • does not have the usual qualities and performance of a product of the same type, which the consumer can reasonably expect, also taking into account the declarations made in the advertising or labelling;
  • is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted.

Any failures or malfunctions caused by accidental events or by the user’s responsibility or by use of the product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.
In the event of a lack of conformity duly reported within the terms, the Customer has the right:

  • primarily, to the free repair or replacement of the goods, as they choose, unless the requested remedy is objectively impossible or excessively expensive compared to the other;
  • secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive, or the repair or replacement has not been carried out within reasonable terms, or the repair or replacement previously carried out has caused considerable inconvenience to the consumer) to a reduction of the price or the termination of the contract as they choose.

Purchase with a VAT number is considered an indication of the non-existence, for the purposes of the Legal Guarantee of Conformity, of the quality of Consumer. Those who purchase with a VAT number will be granted the guarantees for defects in the item sold provided for by the Civil Code.

In the event of lack of conformity of Products sold by the Museum, the Customer must immediately contact the same using the methods indicated in the article below “Customer assistance and complaints”.

Errors and Limitations of Liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Museum cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.

The Museum reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.

Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by non-acceptance or non-fulfilment, even partial, of an order.

“Apparenza imputabile” (attributiion of an electronic signature to a person)

The User agrees to apply the principle of binding appearance to the Transactions attributable in any case to his own activity and to his own expressions of will and/or consent expressed within the Site.
By virtue of the principle of binding appearance, the User will always be responsible for the activity carried out through the use, even if unauthorized, of the Identification Codes attributable to him.

The User therefore undertakes to adopt all necessary precautions to guarantee the secrecy and correct use of the Identification Codes, the use of which is exclusively personal. The User is therefore solely responsible for any activity carried out through the use of the aforementioned Identification Codes. In the event of suspected abusive, undue use and/or disclosure of the Identification Codes to third parties, the User is required to promptly notify the Manager.

The Manager may therefore legitimately hold the User bound by all the aforementioned expressions of will and/or consent, unless the same are clearly vitiated by an error of fact (for example, an abnormal order).

Customer support and complaints

It is possible to request information, send communications, request assistance or file complaints by contacting the Museum in the following ways:

  • by e-mail, writing to info@museoomero.it;
  • by Certified mail, writing to museoomero@legalmail.it
  • by telephone, on +39 0712811935 (for the cost of the call, refer to the rates applied by your operator).

The response to complaints will be sent by email as soon as possible from the date of receipt of the complaint.

Privacy

The Museum will process the Customer’s personal data in compliance with the legislation on privacy as specified in detail in the information in the ‘GDPR’ section.

Applicable law and jurisdiction

The sales contract between the Customer and the Museum is understood to be concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders, the court of your municipality of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Ancona, any other competent court being excluded.

Online Consumer Dispute Resolution (ODR)

The European Commission has made available a tool dedicated to alternative dispute resolution to all customers residing in Europe. The Customer can connect to the ODR telematic platform, managed by the European Commission, which can be reached at the address: https://webgate.ec.europa.eu/odr