Terms of Sale

Terms of Sale

  1. Scope

These Terms of Sale govern the sale of products and services on the site www.published-by.com (“Site”)  

For the purpose of these Terms of Sale, the seller is: Christoph Tsetinis KG LLinke Wienzeile 14/Top18, AT-1060 Wien, Austria (“Seller”).

  1. Acceptance of these Terms of Sale 

Only individuals having legal capacity to act and making a purchase outside of any business or profession (“Customers”) may place an order of Products on the Site (“Order”).

Orders are governed by these Terms of Sale and by all legislation that, from time to time, may be applicable to a specific Order. Customers are encouraged to read these Terms of Sale carefully before completing an Order.

The Seller may modify the content of these Terms of Sale at any time. The version of the Terms of Sale published on the Site at the moment when the Order is submitted shall apply to that specific Order.   

  1. Products

All products published on the Site (“Products”) are subject to availability.

The Seller undertakes to ensure  that all information published on the Site, including for instance product descriptions and prices, is accurate at all times. In the unlikely event of an error, the Seller will try to resolve all ensuing issues as swiftly as possible.

Images and photographs on the Site are for illustration purposes only. As there may be occasional, minor discrepancies between an image or photograph of a Product and the actual item (for example, with reference to the colour of the Product), Customers are encouraged to read product descriptions carefully in order to understand better the features of each Product.

Products are not meant for resale.

  1. Order

Customers are encouraged to follow the instructions published on the Site in order to complete an Order. In particular, Customers can decide whether to register on the Site or, alternatively, to complete the Order as a guest.

Customers should fill out correctly all the mandatory fields during the checkout process to complete the Order. Personal data supplied for the purpose of completing an Order must be true, accurate and current in all respects.

  1. Contract of Sale

By submitting an Order, the Customer is making a proposal to the Seller for the purchase of Products. The Seller reserves the right to accept an Order at its own discretion without needing to give any reason or cause. For instance, the Seller may decide not to accept an Order when delivery to the destination indicated for the Order is currently impossible or when the Seller suspects a fraudulent activity is taking place behind the Order.

Immediately after receiving an Order, the Seller sends an e-mail to the User with the sole purpose to acknowledge reception of such Order. This e-mail does not constitute in any way acceptance of the Order by the Seller. 

The Contract of Sale of Products between and by the Seller and the Customer shall be deemed completed only and exclusively when the Customer receives a confirmation e-mail of the Seller notifying the shipment of the Products (the “Confirmation E-mail”).

The Confirmation E-mail contains all essential data of the Order, including, for example, the list and prices of the Products purchased, any delivery costs, all information necessary to identify the Customer, the delivery address and other suitable information.

The Confirmation E-mail also includes a unique identification number for the Order, which should be quoted by the Customer in any subsequent communications with the Seller. 

The Customer agrees to verify immediately the trueness and accuracy of the information reported in the Confirmation Email and to promptly notify any error in such information to the Seller. At the Seller’s discretion, any additional cost incurred for fulfilling the Order caused by inaccuracy in the information supplied by the Customer may be separately applied to the Customer.

  1. Pricing

The prices of Products are indicated on the Site, during the checkout process and in the Confirmation E-mail.

Delivery costs are notified to the Customer at the time of checking out the Order and are notified once again in the Confirmation E-mail. The cost of each shipment may vary according to the delivery destination, the delivery method or other factors.

Any price changes do apply only to Orders made after that the price change is published on the Site and are not retroactive. The Seller reserves the right not to accept an Order because of an error in the price published on the Site or indicated in in the email sent to acknowledge reception of the Order. 

  1. Taxes and Duties

Orders delivered to the VAT territory of European Union are VAT-inclusive.

For Orders delivered outside the EU, import duties such as, for instance, customs duties, VAT or sales tax/GST, may apply in the country of destination (collectively, “Import Duties”). 

The Seller will take care of all aspects of customs clearance in the non-EU country of destination, including the payment of any Import Duties on behalf of the Customer, who will thus not be required to pay any additional cost for customs clearance purposes in addition to the price already paid for the Order.  

[Import Duties, if any, are not included in the price of the Orders shipped outside the European Union and they will be borne by the Customer in their entirety at the moment of customs clearance. 

The Seller cannot provide any information or consultancy as regards the amount of Import Duties, if any, applying to deliveries outside the EU, as it is difficult to predetermine the amount of such Import Duties on each shipment.]

In the case of product returns without any justification made under Art. 10 below (“Cooling off period and Product Replacements”), the Seller will not refund any Import Duties paid by the Customer for customs clearance in the country of destination.

  1. Invoicing and Payment method

Payment for Orders is made by using the following methods: 

  • Credit Card

  • Paypal

The Seller will only debit the purchase at the time of acceptance of the Order. Even so, the Seller reserves the right to carry out security checks on the payment method selected by the Customer or to apply pre-authorisation or to make an advance charge for precautionary reasons. 

The Seller relies on a primary payment gateway to authorise payments for all Orders. This means that the Seller does not directly manage any financial information relating to the payment method used by the Customer, nor the Site processes any financial information supplied by the Customer. 

In order to guarantee the maximum level of security, information concerning payments transmitted via the internet is encrypted using SSL (Secure Socket Layer) technology. All data is transferred in encoded form using the SSL certificate; therefore, it cannot be intercepted or used by external parties. 

In the unlikely event of error, negligence, or unlawful acts relating to the management of transactions associated with an Order by the payment gateway and/or by the intermediary payment systems, the Seller may not be held responsible for such an error, negligence or unlawful act. 

The Seller reserves the right to cancel an Order in the case where a fraudulent use of the payment method used for the Order has been notified. In addition, the Seller shall not be held responsible in the case of an unlawful use of a payment method by a third party that is not attributable to the Seller’s own error or negligence.

  1. Deliveries

The Seller delivers products to Europe and all the other countries indicated on the Site and/or during the checkout process.

The Seller undertakes to dispatch the products without undue delay, and in any event, no later than 30 (thirty) working days from receiving the Order. 

Parcels are delivered through a leading international courier (“Courier”). Delivery times vary according to the destination of the delivery, and are, in any case, provided by way of indication. Occasional delays in delivery may occur (for example, during the Christmas period or because of prohibitive weather conditions, strikes, etc). No liability may be invoked against the Seller by the Customer or any third-party in the case of a delay in the fulfilment of the Order or in the delivery of the Products.

Deliveries are scheduled only on working days, unless agreed otherwise. The delivery of an Order is deemed to have been completed when the Product has been made available to the Customer at the address specified in the Order or otherwise agreed between the Customer and the Courier.

In the case of any failed delivery due to the Customer being unable to receive the Order, the Courier will send an email informing the Customer and will try to deliver the Order a second time.

If the new attempt at delivery is impossible due to the Customer being again unable to receive the Order, the Customer Service will attempt to contact the Customer to provide support related to the Order. 

If after 15 (fifteen) days from the date the Order is available for delivery, the Order could not be delivered for reasons attributable to the Customer, the Contract of Sale shall be deemed as terminated, unless the Seller and the Customer have otherwise agreeed. As a result of such termination, the Seller will refund to the Customer all payments received. The Seller may decide to retain part of the payments received in order to compensate for the logistical costs incurred in returning the Order.

Cancellation of an Order shall be notified to the Customer by e-mail. The applicable refund shall be credited to the Customer through the payment method originally used by the Customer for the Order. 

Additional delivery attempts may be agreed between the Seller and the Customer for an additional fee.

At the time of delivery of the Product, the Customer is encouraged to check carefully the condition of the Products and the the packaging and the correspondence of the number of items delivered to the information in the transport documents. Any damage to Products and/or packaging or discrepancy in the number of items/packages delivered must be raised immediately by the Customer by contacting the Customer Service.

  1. Cooling-off period and Product substitution

Within 14 (fourteen) days of the date of delivery of the Order, the Customer is entitled to request the substitution of a Product with an item of the same kind, in a different colour or of a different size, or to exercise their right to cancel the Contract of Sale without any penalty and without having to state a justification.

To verify compliance with the above deadline, the date of delivery of the Products reported in the tracking system of the Courier, when available, shall be taken into exclusive account. Any Product made to order or clearly personalised cannot be returned or replaced.

If the Customer decides to request the replacement of a Product or to exercise the right to cancel the Contract, they must first notify their intention to the Seller by using the method made available on the Site. For more detailed information, Customers should read carefully the section of the Site relating to returns: [link]. 

The Seller will only accept the return of items that have not been used, are not weathered or worn, stained or damaged, and that do not present defects or flaws that are not attributable to production:

  • returned Products must be returned with all labels, security seals, packaging and accessories (e.g., cases, hangers, garment covers, etc.) received with the Order; 

  • Products, labels, security seals, packaging and accessories, must not show any sign of use, scratching, or alteration (e.g., washed, ironed, etc.).

The Seller will only accept the return of Products purchased on the Site. 

Once the requirements for the substitution of a Product or for the exercise of the right to cancel the Order have been successfully verified, the Seller will notify the Customer of the acceptance of the return and proceed with the substitution of the Product, or, in the case of Order cancellation, the reimbursement of the purchase price and any shipping costs incurred by the Customer for the initial shipment.

The Customer shall ship the Products back to the Seller within 14 (fourteen) days of informing the Seller of their intention to cancel the Order or to replace the Product.

The Seller undertakes to implement the refund procedure within 14 (fourteen) days from the date of receipt of the Products returned, or from the date when the Customer has demonstrated that they have returned the products, whichever is the soonest. If no Product(s) have been shipped yet, the refund will take place within 14 (fourteen) days after the day on which the Seller is informed about the Customer decision to cancel the Contract.

Refunds will paid by the same method as the Customer used in order to complete the Order. 

If the Customer has returned the Products without being entitled to cancel the Order or to replace a Product, the Seller will not accept the return. If authorised by the Customer, the Seller will ship back to the Customer the Product illegitimately returned and apply any relevant delivery costs to the Customer. 

Following multiple returns by the same Customer, the Seller reserves the right not to accept any further orders from the concerned Customer.

  1.  Statutory guarantee

The Seller shall assume responsibility for any original defect in the Products.

The Seller warrants that the Products are free of faults, flaws and defects and that do comply with the provisions of the Contract of Sale. In particular, the Products:

  • Comply with the description provided on the Site and have the qualities of the products that the Seller has presented to the Customer as a sample or model;

  • Are fit for the purpose for which products of the same type are normally used; 

  • Have the level of quality and usual performance of goods of the same type, that the Customer can reasonably expect, taking into account the nature of the products in question.

Marginal differences between the description of a Product on the Site and the actual characteristics of such Product cannot be considered as legitimate grounds for a complaint of non-conformity under the applicable law. 

In the case where a non-compliant product has been delivered, the Customer can request that it is brought back to compliance, without cost to them, by means of repair or replacement. If this is not possible, the Customer shall be entitled to reduction in the price, or refund in full of the price, and (where incurred) of the delivery costs.

The statutory guarantee of conformity of the Products published on the Site shall remain effective for a period of 2 (two) years from the date of delivery of the Products to the Customer. The Customer shall inform the Seller of any non-conformity of the Products within a period of 2 (two) months from the date when the Customer discovered the non-conformity.

The mere fact of the Seller accepting the Customer to send a Product back for product conformity verification does not imply acceptance of the Customer’s claim of Product non-conformity on part of the Seller. The Seller indeed reserves the right to personally check whether the Product is compliant with the Contract of Sale once the concerned Product has been received back by the Seller.

2. Processing of personal data

Users are encouraged to read carefully the "Privacy and Cookie Policy" published on the Site to understand how their personal data are processed and to learn more about their data protection rights.

  1. Customer feedback and complaints

Any Customer feedback, suggestion or complaint to the Seller in relation to an Order should be submitted to the Seller through the appropriate contact form or via email to: [office@published-by.com]

The European Union makes available to all consumers a dedicated platform for submitting complaints on products purchased online and to resolve disputes with merchants without the need to escalate any judicial procedure: 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT

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