1.1 - These general terms and conditions of sale (hereinafter “Terms and Conditions”) are valid exclusively between the University of Milano-Bicocca (hereinafter “University” or “Seller”) with registered office in Milan, Piazza dell'Ateneo Nuovo 1, postal code 20126, tax code and VAT no. 12621570154, REA number MI - 2074755, and any person making online purchases on the website https://store.unimib.it.
1.2 - All terms of sale, delivery and payment are listed in detail and are to be considered an integral and substantial part of this contract. The terms and conditions applicable to each individual order shall be those set out on the Website at the time the order is placed. Any new terms and conditions will be effective from the time of publication on the website and will only apply to sales concluded thereafter.
1.3 - These “General Terms and Conditions of Sale” (hereinafter “Terms and Conditions”) apply to all purchases of products from the University of Milano-Bicocca Online Store made through the website https://store.unimib.it (hereinafter the “Website”), by users who qualify as “Consumers” or “Purchasers”, pursuant to point 2 below.
2.1 - For the purposes of these Terms and Conditions, the following definitions shall apply:
Website: the website https://store.unimib.it, owned by the University of Milano-Bicocca and reserved for the sale of official University products;
Products: the goods for sale on the Website, according to these General Terms and Conditions of Sale;
Consumer (or Purchaser): the natural or legal person who purchases one or more Products for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out;
Seller: the University of Milano-Bicocca, with registered office in Piazza dell'Ateneo Nuovo, 1 - 20126, Milan, tax code and VAT no. 12621570154;
Parties: the Seller and the Consumer;
Contract: the contract concluded remotely between the Parties concerning the sale of Products, on the basis of these General Terms and Conditions of Sale.
Service provider: EFREE di MIGNANELLI EMILIO & C. S.A.S - Piazza Garibaldi 8, 03043 Cassino (FR) tax code and VAT no. 02631430606.
3.1 - With these general terms and conditions of sale, the University sells and the Consumer purchases remotely the tangible movable goods indicated and offered for sale on the website https://store.unimib.it.
3.2 - The contract is concluded exclusively via the Internet, through the Purchaser's access to the address https://store.unimib.it and the placing of a purchase order according to the procedure set out on the website itself.
3.3 - The order sent by the Purchaser shall only be binding if the entire order procedure has been properly and correctly completed.
3.4 - Before confirming his/her order, the Purchaser undertakes to read these general terms and conditions of sale and the information provided herein by the Seller and to accept them without reservation.
3.5 - The Website is dedicated to retail and as such is intended for the exclusive use of Consumers. Persons who are not final Consumers are requested not to execute purchase orders.
3.6 - To be able to make purchases via the Website, the Consumer must be over 18 (eighteen) years of age.
3.7 - Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the e-mail address store@unimib.it
4.1 - The Products have the characteristics described on the Website and are sold according to these Terms and Conditions, to the exclusion of any other term or condition.
4.2 - The prices and/or characteristics of the Products for sale on the Website are subject to change without notice. Before sending the purchase order, the Consumer is invited to check the final sales price.
4.3 - In any case, it is understood that the images accompanying the description of the Product on sale are for information purposes only and may not be perfectly representative of its characteristics but may differ in colour and size (also due to the browser and monitor used to access the Website and view the images).
5.1 - The contract between Consumer and Seller is concluded exclusively online. After accessing the Website, the Consumer selects the products he/she is interested in, of which he/she can consult the descriptive sheet and check the sale price and any available sizes. If wishing to purchase, the Consumer selects the desired products, in the chosen quantity, and places them, one at a time, in the virtual shopping cart.
5.2 - The Consumer then proceeds to payment, using one of the methods available in the PagoPA system. At this stage, the Consumer must compulsorily indicate his or her personal data, in particular: personal details, tax code, e-mail address and telephone number. The Consumer, after having carefully read them, must therefore expressly approve these Terms and Conditions, declare that he or she has read the information concerning the processing of personal data, and confirm that he or she is over 16 (sixteen) years of age, by means of the appropriate check-boxes in the virtual shopping cart. The Consumer is urged to take the utmost care when entering and checking data before proceeding to payment. The Seller shall be relieved of all liability for errors made by the Consumer in entering the aforementioned data and which could jeopardise the proper execution of the contract.
5.3 - Once payment has been made, the Purchaser receives confirmation of the purchase by email containing the specific description of what was purchased and subsequently, notification that the order is ready for collection. The purchase data is stored electronically by the Service Provider in its own computer systems and managed in accordance with the applicable regulations.
5.4 - The Contract is concluded between the Parties at the moment when the Consumer makes payment and receives confirmation thereof.
6.1 - Product availability refers to actual availability at the time the Purchaser places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence of several users on the site, products may be sold to other Purchasers before the order is confirmed. Even after the order confirmation e-mail has been sent, partial or total unavailability of goods may occur. In the event of this, the order will be rectified automatically with the deletion of the unavailable product and the Purchaser will be informed immediately by e-mail. If the Purchaser requests cancellation of the order, thereby terminating the contract, the University will refund the amount paid in accordance with section 11 “Right of withdrawal” of this contract.
7.1 - The price of the Products is that indicated on the Website at the time of selection by the Consumer. Prices are in Euros including packaging costs, VAT (if applicable) and any other indirect taxes (if applicable); the University is entitled to change the prices at any time. It is understood that the price invoiced to the Consumer shall be that indicated on the website at the time of the order.
7.2 - Any costs for the Internet connection to the Website, including telephone costs, shall be borne exclusively by the Consumer, according to the tariffs applied by the operator chosen and used by the Consumer.
8.1 - Payment for Products purchased through the Website must be made exclusively through the digital platform of payments for the Public Administration called PagoPA using one of the payment methods offered by it. The Consumer expressly accepts that the performance of the contract by the Seller shall commence when the price of the Product(s) purchased is credited to the Seller's current account.
9.1 - Collection of the Products shall take place at the collection point arranged by the Seller, in accordance with the procedures set out on the Website and communicated to the Purchaser by e-mail confirming the availability for collection of the purchased product.
9.2 - The Consumer undertakes to collect the purchased Products within a maximum period of 30 (thirty) days starting from the day following the day of receiving the e-mail stating that the order is ready for collection.
9.3 - If the Consumer does not collect the goods within the period referred to in the preceding paragraph, and in the absence of any communication and/or justification from him or her in this respect, the Seller may withdraw from the contract by means of a communication sent to the e-mail address indicated by the Consumer at the time of ordering. The Seller shall be considered compensated by retaining the amount paid by the Purchaser for the products not collected, without having to refund anything to the Consumer.
10.1 - Pursuant to Articles 128 et seq. of Legislative Decree no. 206/2005 (hereinafter, the “Consumer Code”), the Seller warrants to the Consumer that the Products shall comply with the Contract for a period of two years from the date of their delivery. Any guarantee shall not apply in the event that the Product is used or washed in a manner inconsistent with its intended use or with any instructions/warnings provided in this respect by the Seller, or as set out in the relevant illustrative documentation, tags or labels. Claims for defects not maliciously concealed by the Seller shall in any case be time-barred within a maximum period of 26 months from delivery of the Product.
10.2 - In the event of receipt of defective Products or in any case Products that do not conform to the Order placed, the Purchaser is entitled to have the conformity of the Product restored free of charge by means of repair and/or replacement of the Product. The Purchaser may exercise this right if the defect becomes apparent within 24 months after delivery of the Product and reports the defect within two months of its discovery.
10.3 - The guarantee for conformity defects shall apply provided that the Product in question has been properly used.
10.4 - In the event that, for any reason, the University is unable to return a Product under guarantee (repaired or replaced) to the Purchaser, or where the repair or replacement would be, even due to the value of the Product, excessively onerous, the University may make a reasonable reduction of the price paid, or refund the entire amount paid with termination of the contract.
10.5 - In cases where the application of guarantees provides for the return of the Product, it must be returned by the Purchaser in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).
10.6 - In order to exercise the aforementioned right, the Purchaser shall indicate in the return communication, the defect in the Product and all necessary contact details. In the event of a defective or non-conforming product, it must be delivered to the collection point.
10.7 - The guarantee for conformity defects shall apply provided that the Product in question has been properly used. Therefore, the guarantee shall be excluded if the Purchaser has damaged the Product due to his or her own wilful or negligent conduct, or in any case if, due to his or her negligence and/or carelessness and/or for other reasons not attributable to the University, he or she has damaged and/or rendered the Product defective and/or exposed it to natural events and/or used it improperly. The guarantee is also excluded if the defects and/or malfunctions result from use of the Product other than that for which it was made according to the Contract, or in cases of normal wear and tear or deterioration of consumable parts.
10.8 - If any defects or faults in the Purchaser's Product are found to be attributable, directly or indirectly, to the Purchaser, the Purchaser shall be liable to pay the costs of verification incurred for this purpose, as well as, notwithstanding the foregoing, the out-of-pocket costs of return.
10.9 - In order to activate the guarantee, the Consumer is obliged to notify the Seller of conformity defects by means of an appropriate communication sent by e-mail to store@unimib.it. In particular, the Consumer must indicate in the subject line of the e-mail his or her identification data and the non-conforming Product and specify in the text the details relating to the purchase and payment and the conformity defect found, of which he or she is also required to provide suitable documentation (including video-photographic documentation) as an attachment. Following receipt of the communication, the Seller shall assess the conformity defects reported by the Consumer and decide whether to authorise the return by providing the Consumer with an acknowledgement, containing the “Return Reference”, by e-mail to the address provided by the latter during the purchase procedure. The return authorisation does not in any way constitute recognition of the non-conformity of the Product, the existence of which will be ascertained after the return. The Product for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice bearing the “Return Reference”, within 20 (twenty) days of receipt of the aforementioned authorisation, to the following address: Università degli Studi di Milano-Bicocca, Piazza dell'Ateneo Nuovo, 1 - 20126, Milano, - Ufficio Approvvigionamento ed Economato Edificio U6 - Agorà, Piano 4°, stanza 4238.
10.10 - In the event of a conformity defect, the Consumer is entitled, in the first instance, to have the goods restored to conformity without any charges. For the purpose of restoring conformity, the Consumer may choose between repair or replacement of the Product, provided that the chosen remedy is not impossible or disproportionate compared to the alternative remedy. Only as a second step, according to the requirements of Art. 135-bis, para. 4 of the Consumer Code, the Consumer is entitled to a proportional reduction of the price of the Product or to termination of the Contract. The Consumer does not have the right to terminate the contract if the lack of conformity is only minor.
10.11 - If the Seller is obliged to refund the price paid by the Consumer, in whole or in part, the refund shall be made by bank transfer. It is the duty of the Consumer to communicate to the Seller, again by e-mail to the above-mentioned address, the bank details necessary to make the transfer in his or her favour and to enable the Seller to return the sum due.
11.1 - Pursuant to Articles 52-59 of the Consumer Code, the Consumer is acknowledged the right to withdraw from the Contract, without having to provide any reason and without any penalty, within 14 (fourteen) days starting from the day of receipt of the Product or, in the case of several Products purchased by means of a single order and delivered separately, from the day of delivery of the last Product.
11.2 - For the purposes of exercising the right of withdrawal, the Consumer shall send the Seller an appropriate declaration to the following e-mail address: store@unimib.it.
11.3 - The right of withdrawal shall be deemed to have been validly exercised by the Consumer within the aforementioned period if the communication referred to in point 11.2 above is sent before the expiry of the withdrawal period of 14 (fourteen) days.
11.4 - If the Product has not yet been collected by the Consumer, withdrawal shall be deemed perfected by the mere transmission of the declaration referred to in point 11.2 above.
11.5 - If the Product has already been collected by the Consumer, following receipt of the e-mail referred to in point 11.2, the Seller shall send the Consumer the “Return Reference”, which the latter must transcribe on the withdrawal declaration, which, signed in an original copy, must be placed inside the package with the Products to be returned. The Products must be delivered or in any case taken to the University. The Consumer shall return the Products without undue delay and, in any event, within 14 (fourteen) days from the day on which he or she communicated the withdrawal. The deadline is met if the Consumer delivers or returns the goods before the expiry of the period indicated.
11.6 - It is understood that all risks and costs for transport relating to the return of the Products shall be borne by the Consumer.
11.7 - In order for the right of withdrawal to be validly exercised, the Products must be delivered or in any case returned to the Seller intact (without any signs of wear, abrasion, scratches, deformation, etc.), complete with all their elements and accessories (including the labels and tags unaltered and attached to the product), accompanied by the enclosed instructions/notes/manuals, the original packaging and wrappings and the guarantee certificate, if any. Failing this, the Consumer is not entitled to a refund of the amount paid. To this end, therefore, it is recommended to cover the original wrapping of the Products with other protective packaging that preserves its integrity and protects it during transport also from writing or labels.
11.8 - The Seller shall accept delivery of the returned Products, reserving the right to check that they have been returned intact, in the conditions described in point 11.7 above.
11.9 - 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 according to the procedures provided, the Seller shall refund, as soon as possible, the entire amount paid for the purchase of the Products to the Consumer. In any event, the Consumer shall bear the shipping costs and any duties or other taxes for the return of the Products to the Seller.
11.10 - The aforementioned refund shall be made by means of a traceable payment to be executed by the University. It is the duty of the Consumer to communicate to the Seller, again by e-mail to the above-mentioned address, the bank details necessary to make the refund and to enable the Seller to return the sum due.
11.11 - The right of withdrawal is excluded for sealed Products that cannot be returned for health or hygiene protection reasons and that have been opened after delivery.
12.1 - The Seller is the owner of the copyright on the contents of the Website and of the industrial property rights on the trademarks and other distinctive signs relating to the Products themselves.
12.2 - The Consumer is aware that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Website or relating to the Products, are and remain the exclusive property and/or availability thereof, without any right deriving to the Consumer from access to the Website and/or the purchase of the Products.
12.3 - The contents of the Website may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose whatsoever.
13.1 - In order to be able to register, place the order and thus conclude the Contract on the basis of these Terms and Conditions, certain personal data are required from the Consumer via the Website. The Consumer acknowledges that the personal data provided will be processed by the Seller in accordance with the regulations set out in (EU) Regulation No. 2016/679 (GDPR) and Legislative Decree No. 96/2003 (Privacy Code), as amended by Legislative Decree No. 101/2018, exclusively for the purposes related to browsing the Website and the acquisition and management of purchase orders through the Website. The information notice pursuant to Article 13 of the GDPR is available on the Website.
13.2 - The Consumer declares and guarantees that the data provided to the Seller during the purchase process is correct and true. The Consumer may at any time update and/or amend his or her personal data provided to the Seller and exercise all the other rights set out in Articles 15 et seq. of the GDPR. The Consumer's data will be kept by the Service Provider for the period of time strictly necessary, in accordance with current legislation.
13.3 - The management and storage of personal data collected for the described purposes takes place on external servers of the e-commerce platform management Service Provider. The Service Provider is only aware of the data of data subjects for the purposes of processing. With regard to payment data, these are processed by external data processors, third-party operators providing technological intermediation services to the national PagoPA platform and subsequently communicated to PagoPA S.p.A. and to the Payment Service Providers (PSPs) enabled on the platform, according to the user's choice.
13.4 - The Seller and the Service Provider shall take all measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties. The Service Provider guarantees that the Consumer's information and/or data, entered into the computer systems of this Administration, cannot be accessed or viewed by unauthorised third parties. The data may be disclosed to third parties, in accordance with national and European legislation in force. In particular, in the event of shipment of the purchased products, the data will be communicated to the carriers in charge of the shipment.
14.1 - Any Contract concluded between the Parties pursuant to these Terms and Conditions shall be governed by and construed in accordance with EU provisions and Italian laws and in particular the Consumer Code, with specific reference to the provisions on remote contracts.
14.2 - Any disputes that may arise between the Parties shall be submitted to the mandatory territorial jurisdiction of the judge of the place of residence or domicile of the Consumer.
14.3 - The Consumer may have recourse to out-of-court dispute resolution (so-called “Alternative Dispute Resolution” or “ADR”), regulated by Articles 141 to 141-decies of the Consumer Code.
