1.Preface

1.1 These “General Terms and Conditions of Sale and Shipping Costs” (hereinafter, for simplicity, the “General Terms of Sale” or also simply the “Terms”) apply to all purchases of “Luiss” branded Merchandising products made through the website www.shop.luiss.it (hereinafter the “Site”), by users qualifying as “Consumers” or “Buyers”, pursuant to point 2 below.

Please carefully read these Terms and Conditions, the Cookie Policy, and the Privacy Policy (hereinafter jointly referred to as the “Data Protection Policies”) before using this website. We inform you that the use of this website or the submission of an order through it implies acceptance of these Terms and the Data Protection Policies. Therefore, if you do not agree with all the above Terms and the Data Protection Policies, please do not use this website.

2. Definitions

2.1 For the purposes of these Terms, the following definitions shall apply:

-Seller: Luiss Libera Università Internazionale degli Studi Sociali Guido Carli, with registered office in Rome, Viale Pola 12, VAT No. IT01067231009;

-Site: the website www.shop.luiss.it, reserved for the sale of the University’s official products;

-Luiss Shop: physical retail store located in Rome, Viale Romania 32;

-Customer/Consumer/Buyer: the individual or legal entity purchasing on the Site, accepting the General Terms of Sale, and acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity possibly carried out, pursuant to Article 3, paragraph 1, letter a) of Legislative Decree 206/2005 “Consumer Code”;

-Operator: TECH FOR GOODS società benefit a responsabilità limitata (hereinafter also referred to as the “Contractor” or “Service Provider”), with registered office at Via Adige, 9 – 20135 Milan (MI), tax code and VAT No. 12994240963, operator of the sale of products on the Site;

-Products: the goods for sale on the Site, in accordance with these General Terms and Conditions of Sale;

-Contract: the distance contract concluded between the Parties concerning the sale of the Products, pursuant to these General Terms and Conditions of Sale;

-Order: the request form for the Products for sale, completed by the Customer through the Site;

-Price: the consideration for the sale of the products .

3. Subject

3.1 The Site displays the catalogue of “Luiss” branded Products available both for online sale and for direct purchase at the Luiss Shop.

3.2 Each purchase is governed by these Terms in the version published on the Site at the time the order is placed. The contract shall be deemed concluded and binding for the parties when the Seller sends the order confirmation to the Customer’s email address provided by the Customer.

3.3 The Seller reserves the right to amend these Terms at any time, at its sole discretion, without any obligation to provide prior notice to Site users. Any changes made shall be effective from the date of publication on the Site, as stated in the heading of the Terms, and shall apply only to sales concluded from that date onward.

3.4 Before proceeding with the purchase of the Products, the Consumer is required to carefully read these Terms. By paying for the order placed on the Site, the Consumer fully and unconditionally accepts these Terms.​

3.5 The Site is dedicated to retail sales and, as such, is intended exclusively for Consumer use. Users who are not Consumers pursuant to Article 3, paragraph 1, letter a) of Legislative Decree 206/2005 “Consumer Code” are invited not to place purchase orders. In the event that one or more sales are made to a party not qualifying as a Consumer, these Terms shall apply; however, notwithstanding the foregoing:

a) the purchaser shall not be granted the right of withdrawal referred to in point 12;

b) the purchaser shall not be entitled to the Product warranty referred to in point 10;

c) the purchaser shall not be entitled to any other protections provided by law in favor of the Consumer.

3.6 In order to make purchases on the Site, the Consumer must be at least 18 years of age.​

3.7 Any communication from the Consumer related and/or connected to the purchase of the Products – including, without limitation, any reports, complaints, or requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the following email address: shop.customer@luiss.it

4. Product characteristics and availability in different geographic areas

4.1 The Products have the characteristics described on the Site and are sold in accordance with these Terms, excluding any other conditions or terms.

4.2 The prices and/or characteristics of the Products for sale on the Site are subject to change without notice. Before submitting the purchase order, the Consumer is invited to verify the final sale price.

5. Purchase procedure

5.1 The presentation of the Products on the Site, not binding on the Seller, constitutes a mere invitation to the Consumer to make an offer to purchase and does not represent a public offer.

5.2 The contract between the Consumer and the Seller is concluded exclusively online. After accessing the Site, the Consumer selects the Products of interest, for which they may view the description sheet and check the sale price and, where applicable, available sizes. If the Consumer wishes to proceed with the purchase, they select the desired Products in the chosen quantity and add them, one by one, to the virtual shopping cart.

5.3 The Consumer then proceeds with payment. At this stage, the Consumer must mandatorily provide their personal data (personal details, tax code, email address, and telephone number). In the case of delivery to a location different from the Luiss Shop, the Consumer must indicate the delivery address for the purchased Products. The Consumer, after carefully reading them, must expressly accept these Terms, declare that they have read the Privacy Policy regarding the processing of personal data, and confirm that they are at least 18 years old by ticking the relevant boxes in the virtual shopping cart. The Consumer is invited to carefully enter and verify all data before proceeding with payment. The Seller shall not be held liable for any errors made by the Consumer in entering such data, which may compromise the proper execution of the contract and the possible shipment of the Products.

5.4 After payment has been made, the Buyer shall receive an Order Confirmation by email containing a detailed description of the purchased items, the payment details, and the delivery address. The purchase data is electronically stored by the Seller and the Operator in their IT systems and managed in compliance with applicable legal provisions.

5.5 The Contract shall be deemed concluded between the Parties when the Consumer makes the payment and receives confirmation thereof.

5.6 In the event of non-fulfilment of the order by the Seller due to the unavailability, even temporary, of the Product, the Seller shall promptly notify the Consumer in writing and shall immediately refund any amounts already paid by the Consumer for the purchase of the Product, without penalties, compensation, or payment of any additional sums of any kind that may be requested by the Consumer.

6. Product prices and shipping costs

6.1 The price of the Products is that indicated on the Site. Prices may be subject to change at any time; however, such changes will not affect orders for which the Seller has already sent the Order Confirmation.

6.2 Prices are expressed in euros and include packaging costs, VAT (where applicable), and any other indirect taxes (where applicable), while they do not include shipping costs for delivery to an address different from the Luiss Shop, which shall be borne entirely by the Consumer and are calculated at a later stage in the shopping cart, based on the total weight of the selected Products and the geographic delivery area.

6.3 Any costs for internet connection to the Site, including telephone charges, shall be borne exclusively by the Consumer, according to the rates applied by the operator chosen and used by the Consumer.

6.4 Where the Products are to be delivered to a country outside the European Union, they shall be accompanied by a pro forma invoice covering only the purchased goods, excluding shipping costs. The Consumer undertakes to pay in full any customs duties and/or taxes due in addition and/or upon clearance of the goods, in accordance with the legal provisions of the country in which the Products will be delivered. The Consumer is invited to obtain information from the competent authorities of their country of residence or destination of the Products in order to be informed about any applicable duties or taxes.

6.5 Any further costs, charges, duties, and/or taxes that a given country may apply, for any reason, to the Products ordered under these Terms shall remain the sole responsibility of the Consumer.

6.6 Lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in the preceding points 6.4 and 6.5 may not, in any way, constitute grounds for termination of the Contract by the Consumer, nor may the latter in any way charge such costs to the Seller.

7. Payments​

7.1 Payment for the Products purchased through the Site and any related shipping costs, where applicable, must be made in favour of the Seller by advance payment at the time of the order, via credit card payment.

7.2 All orders are subject to verification. The Seller reserves the right to request identification documents in duly flagged cases and, therefore, Customer Care may contact the Customer for further payment details before the order is confirmed. If the Customer does not provide the requested documentation within 72 hours, the order will be cancelled and the standard refund procedure will be carried out for any amounts already paid.

8. Delivery times and methods

8.1 The Seller shall make delivery as soon as possible. Delivery times are merely indicative and are not strictly binding, unless the Seller explicitly or in writing confirms that the specified deadline/date is binding.

8.2 The Customer has the option to choose the following delivery methods:

a) delivery of the goods, with no shipping costs, to the Luiss Shop within 14 days from the date of receipt of the order confirmation email. In this case, the Consumer undertakes to collect the purchased Products within a maximum period of 30 (thirty) days from the day following receipt of the order confirmation email;​

b) delivery to the address indicated by the Buyer, with shipping costs charged to the Buyer.​

If the Consumer fails to collect the goods within the period referred to in point a) above, and in the absence of any communication and/or justification in this regard, the Seller may withdraw from the contract by means of a specific notice sent to the email address provided by the Consumer at the time of the order. The Seller shall be deemed compensated through the reassignment of the Products, without any obligation to refund the Consumer.

8.3 The Consumer undertakes to check, upon receipt of the Products, that the delivery includes all purchased Products and to inform the Seller of any defect or discrepancy with respect to the order placed within three days of delivery. In the absence of any claim, the Products shall be deemed accepted.

8.4 If the packaging or wrapping of the Products arrives at its destination clearly damaged, the Consumer is invited to refuse delivery from the carrier/shipping agent or to accept it “with reservation”. It is hereby specified that liability for loss or damage to the Products during shipment lies with the carrier/shipping agent.

9. Force Majeure

The Seller shall not be liable for any failure or delay in performing its obligations under the contract if such failure or delay is caused by circumstances beyond its reasonable control. The Seller affected by a failure or delay due to force majeure shall be entitled to an extension of time necessary to fulfil such obligations.​

10. Legal warranty of conformity

10.1 The Products sold through the Site are covered by the mandatory legal warranty provided by law in favour of consumers, which covers any lack of conformity existing at the time of delivery of the goods. The legal warranty covers any lack of conformity of the goods that may arise within two years from delivery, provided that it is notified within two months from the discovery of the lack of conformity.

10.2 Pursuant to applicable legislation, there is a lack of conformity if the purchased product (i) does not conform to the description provided and does not possess the qualities presented on the Site; (ii) is not fit for the use for which goods of the same type are normally intended; (iii) does not present the qualities and characteristics of a product of the same type that can reasonably be expected, taking into account the nature of the goods and, where applicable, the specific characteristics presented. To the extent permitted by law, all additional and waivable warranties are excluded, except for those that cannot be lawfully excluded vis-à-vis consumers and users. In the event of a lack of conformity, the Consumer is entitled to have the goods brought into conformity at no cost.

10.3 Any warranty shall be excluded in the event of use or washing of the Product that is not in accordance with its intended purpose or with any instructions/warnings provided by the Seller, or indicated in the relevant documentation, tags, or labels.

10.4 The action to assert defects not fraudulently concealed by the Seller shall in any case be time-barred after a maximum period of 26 months from delivery of the Product.

10.5 In order to invoke the warranty, the Consumer is required to notify the Seller of any lack of conformity by means of a specific communication sent via email to the following address shop@luiss.it . In particular, the Consumer must indicate in the subject line of the email their identification details and the non-conforming Product, specifying in the body of the message the details relating to the purchase and payment as well as the defect found, for which they are also required to provide appropriate documentation (including photo and video evidence) as attachments.Upon receipt of the communication, the Seller shall assess the lack of conformity reported by the Consumer and decide whether to authorise the return of the Product, providing the Consumer with a response containing the “Return Reference”, via email to the address provided by the Consumer during the purchase process.The authorisation of the return does not in any way constitute recognition of the lack of conformity of the Product, the existence of which shall be verified only after its return. The Product for which the Seller has authorised the return must be sent back by the Consumer, together with a copy of the return authorisation communication bearing the “Return Reference”, within 20 (twenty) days from receipt of such authorisation, to the following address: Tandem Pomezia – Via Nicaragua 1, 00071 Pomezia (RM).

10.6 In the event of a lack of conformity, the Consumer is entitled either to replacement of the Product or to termination of the Contract and reimbursement of the price paid.

10.7 Where the Seller is required to refund the Consumer, in whole or in part, the price paid, the refund shall be made by bank transfer. It is the Consumer’s responsibility to provide the Seller, also via email to the above-mentioned address, with the necessary bank details to enable the transfer in their favour and to allow the Seller to return the amount due.

11. Liability for damage caused by defective products

11.1 With regard to any damage caused by defects in the Product, Articles 114 et seq. of the Consumer Code shall apply.

11.2 The Seller, in its capacity as distributor of the Product through the Site, shall be exempt from all liability if it indicates, upon request of the damaged Consumer and within three months, the identity and address of the relevant manufacturer or of the person who supplied it with the Product.

12. Right of withdrawal

12.1 Pursuant to Articles 52–59 of the Consumer Code, the Consumer has the right to withdraw from the Contract, without providing any reason and without incurring any penalty, within a period of 14 (fourteen) days from the day of receipt of the Product or, in the case of multiple Products purchased in a single order and delivered separately, from the day of delivery of the last Product.

12.2 For the purpose of exercising the right of withdrawal, the Consumer must send a specific declaration to the Seller at the following email address: shop.customer@luiss.it

12.3 The right of withdrawal shall be deemed validly exercised by the Consumer within the aforementioned period if the communication referred to in point 12.2 above is sent before the expiry of the 14 (fourteen)-day withdrawal period.

12.4 If the Product has not yet been shipped to the Consumer, the withdrawal shall be deemed effective upon mere submission of the relevant declaration referred to in point 12.2 above.

12.5 If the Product has already been shipped to the Consumer, following receipt of the email referred to in point 12.2, the Seller shall send the Consumer the “Return Reference”, which the latter must write on the withdrawal declaration. The declaration, signed in original, must be included inside the package with the Products to be returned. The Products must be delivered or otherwise sent to ___________. The Consumer is required to return the Products without undue delay and, in any case, within 14 (fourteen) days from the date on which they communicated the withdrawal. The deadline is met if the Consumer sends back the goods before the expiry of the said period.

12.6 It is understood that all transport risks and costs relating to the return of the Products shall be borne by the Consumer.

12.7 In order for the right of withdrawal to be validly exercised, the Products must be delivered or otherwise sent to the Seller intact (without any signs of wear, abrasion, scuffing, scratching, deformation, etc.), complete with all parts and accessories (including intact and attached labels and tags), accompanied by any instructions/notes/manuals included, original packaging and wrapping, and the warranty certificate, where applicable. Failing this, the Consumer shall not be entitled to a refund of any amounts paid. For this purpose, it is therefore recommended to cover the original packaging of the Products with additional protective packaging that preserves their integrity and protects them during transport, including from writing or labels.

12.8 The Seller shall take delivery of the returned Products, reserving the right to verify that they have been returned intact, in the condition described in the preceding point 12.7.

12.9 If the verification of the returned Products is successful and the right of withdrawal has been validly exercised by the Consumer within the terms and in accordance with the procedures provided, the Seller shall refund the Consumer, as soon as possible, the amount paid for the purchase of the Products. The refund does not include transport costs or any duties or additional taxes incurred for the shipment of the goods or for their return.

12.10 The aforementioned refund shall be made by means of a traceable payment carried out by the Seller. It is the Consumer’s responsibility to provide the Seller, also via email to the above-mentioned address, with the necessary bank details to process the refund and to enable the Seller to return the amount due.

12.11 The right of withdrawal is excluded for sealed Products that are not suitable for return for hygiene reasons or health protection reasons, where such Products have been unsealed after delivery.​

13. Intellectual property rights

13.1 The Seller is the holder of the copyright on the contents of the Site and of the industrial property rights on the trademarks and other distinctive signs relating to the Products.

13.2 The Consumer acknowledges that all trademarks, names, as well as any distinctive sign, designation, image, photograph, written or graphic text used on the Site or relating to the Products, are and shall remain the exclusive property and/or availability of the Seller, and that access to the Site and/or the purchase of the Products shall not grant the Consumer any rights thereto.

13.3 In no case may the contents of the Site be reproduced, in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose whatsoever.

14. Personal data protection

14.1 In order to proceed with registration, order submission and therefore the conclusion of the Contract based on these Terms, the Consumer is required, through the Site, to provide certain personal data. The Consumer acknowledges that the personal data provided will be processed by the Operator in compliance with Regulation (EU) No. 2016/679 (GDPR) and Legislative Decree No. 196/2003 (Privacy Code), as amended by Legislative Decree No. 101/2018, exclusively for purposes related to browsing the Site and the acquisition and management of purchase orders through the Site itself. The information notice pursuant to Article 13 of the GDPR is available at the following address: www. https://techforgoods-luiss.odoo.com/

14.2 The Consumer declares and warrants that the data provided to the Seller during the purchase process are accurate and truthful. The Consumer may at any time update and/or modify the personal data provided to the Seller and exercise all other rights set out in Articles 15 et seq. of the GDPR. The Consumer’s data shall be retained by the Seller for the strictly necessary period, in compliance with applicable legislation.

14.3 The management and storage of personal data collected for the purposes described take place on external servers of the provider of the e-commerce platform management services. The Operator becomes aware of the data of the data subjects solely for the purposes of the processing. The Operator is appointed as Data Processor pursuant to Article 28 of the GDPR. With regard to payment-related data, these are processed by external processors, third-party operators providing digital payment intermediation services enabled on the platform, depending on the user’s choice.

14.4 The Seller and the Operator adopt all measures aimed at protecting personal data against any possible loss, falsification, manipulation, and improper use by third parties. The Seller guarantees that the information and/or data of the Consumer entered into the Seller’s IT systems are not accessible or viewable by unauthorized third parties. The data may be disclosed to third parties in accordance with applicable national and European legislation. In particular, in the case of shipment of purchased products, the data shall be communicated to the carriers responsible for delivery.

 

15. Governing law and disputes

15.1 Any Contract concluded between the Parties under these Terms shall be governed by and construed in accordance with EU provisions and Italian law, and in particular the Consumer Code, with specific reference to the provisions on distance contracts.

15.2 Any disputes arising between the Parties shall be subject to the mandatory territorial jurisdiction of the court of the Consumer’s place of residence or domicile.

15.3 The Consumer may resort to out-of-court dispute resolution procedures (so-called “Alternative Dispute Resolution” or “ADR”), governed by Articles 141 to 141-decies of the Consumer Code.