Terms and Conditions

The Buyer is invited to read these general conditions of sale carefully before placing orders.

Object

1.1 These General Conditions of Sale ("Conditions") govern the online sale of the Seller's products ("Products") via e-commerce services on the Educationest Website. Specifically, the Conditions govern the offer and acceptance of purchase orders for products on the Website and the related distance selling contract.
1.2 The contract between the Buyer and the Seller is in Italian and subject to Italian law. The translation of the contract into English is for the sole purpose of facilitating the reading of the contract for users and does not constitute a derogation from the aforementioned principle.

Subjects

2.1 The Products are sold directly by the Seller to the Buyer through the electronic submission of an order form (“Order”). By placing an Order, the Buyer guarantees that he or she is of legal age (18 years of age) and has the legal capacity to enter into binding contracts. When placing the Order, the Buyer must provide a valid, used email address.
2.2 By placing any order, the Customer simultaneously and fully accepts these general conditions of sale, which are therefore deemed to be known and accepted by the Customer in all their provisions, without exception.
2.3 The Seller reserves the right to make changes/additions/updates to these general conditions of sale at any time, which will in any case be published on its website.
2.4 These general conditions of sale apply only to orders to be fulfilled within Italy. In the event that the products sold by EDUCATIONEST are subsequently exported (at the customer's expense), it will be the customer's responsibility to obtain, at their own expense, all necessary licenses and authorizations, and to comply with the regulations of the destination country.
2.5 The Seller will not issue a pro forma invoice under any circumstances.

Ordering products and order management by the seller

3.1 While completing the Order, the Buyer can view: information and images of each Product and its price, the payment methods available, and information on delivery/collection methods. The Order also contains a reference to these Conditions, with an express reference to the right of withdrawal.
3.2 Once the Order has been sent, the Buyer will receive an Order confirmation message from the Seller at the email address indicated in the Order, including an Order summary.
3.3 In the event of an incomplete or incorrect Order, or if the Product(s) ordered are not available within 30 days of payment, the Seller will inform the Buyer by email that the Order cannot be processed, explaining the reason. In this case, the amount already committed to the Buyer's payment method will be refunded.
3.4 The contract between Seller and Buyer will be concluded only when the Buyer receives confirmation of the Order. The amount will be charged in any case at the time of the Order.
3.5 The Buyer agrees to receive tax documents, such as sales invoices, etc., at the email address indicated in the Order.
3.6 The Buyer is aware and accepts that all products purchased, including tickets to events organized by the Seller, will be available for collection at the Seller's headquarters on the days and at the times specified on the website; no products or tickets will be shipped.

Payment Methods

4.1 The Buyer may pay the price of the Products via PayPal.
4.2 If other payment methods are offered, such as credit card, prepaid card, or bank transfer, the Buyer may choose the appropriate payment method when completing the Order.
4.3 Failure to pay the price, even if the Seller has accepted the order, will prevent delivery of the product, which will only occur after verification of actual payment of the agreed sum. In this case, the sales contract will be deemed terminated by operation of law pursuant to and for the purposes of Article 1456 of the Civil Code. Payment terms are essential.

Delivery of products

5.1 The purchased Products will be collected by the Buyer at the Seller's premises on the days and at the times indicated at the time of ordering. The Buyer is informed that this does not entail additional costs beyond the indicated price.
5.2 Upon receipt of the product, the Buyer is required to verify whether:
(a) the number of packages delivered corresponds to the number ordered;
(b) whether the packaging is externally intact.
Acceptance of delivery of the products without the Buyer having made a reservation or complaint at the time of collection is equivalent to recognition of the conformity of the delivery with the Order in terms of quantity, type, and packaging. Any additional guarantees provided by law relating to the delivered products remain unaffected.

Prices

6.1 Unless otherwise specified in writing, all Product prices listed on the Seller's website and in the Buyer's Order are expressed in Euros and include VAT.
6.2 Product prices are those indicated on the Seller's website at the time of the Order; since prices and costs may vary without notice, the Buyer is required to verify the final sale price before placing each Order.

Warranties for product defects and use of trademarks

7.1 The Seller is responsible for defects in the Products offered on the site that become apparent within 2 years of delivery of the Product.
7.2 The Buyer forfeits all rights if he or she fails to notify the Seller of the lack of conformity within two months of the date on which the defect was discovered. The Buyer must report the defect to the Seller in writing, by registered mail with return receipt sent to the Seller's address (Via Sgarzeria,1 41121 Modena
7.3 In compliance with the provisions of the Consumer Code and the applicable Civil Code, the legal guarantee is excluded if one of the following hypotheses occurs: (a) the Product has been repaired, tampered with, delivered for a technical examination or altered by persons other than the manufacturer, the Seller or any other authorised person; (b) the alleged lack of conformity of the product has manifested itself after the term of 2 years from the delivery of the Product itself and/or the related request for repair or replacement of the defective product has been sent after 2 months from the discovery of the defect; (c) the alleged defect is due (in whole or in part) to bad and/or improper use/storage/maintenance by the Buyer or by persons other than the manufacturer, the Seller or any other authorised person or is due to failure to comply with the instructions provided by the Seller and present for example in the manual of use of the product or other instructions provided by the Seller together with the delivered products; (d) at the time of conclusion of the contract, the Buyer is aware of the defect and could not have ignored it with ordinary diligence; (e) the lack of conformity derives from instructions or materials provided by the Buyer.
7.4 The photographs, texts, graphics and information on the Seller's website and relating to the Products are provided for information purposes only and without any liability for the Seller. The Seller reserves the right to make minor changes to the Products at its own discretion.
7.5 By proceeding with the purchase of the Product, the Buyer declares to have read the warnings.
7.6 The Seller warns the customer that the products presented in the catalogue may be the subject of a patent, trademark, copyright or other industrial property rights owned by the Seller or third parties.
7.7 The EDUCATIONEST trademark is registered

Right of withdrawal

8.1 The Buyer has the right to withdraw from the contract within 14 days of receiving the Products. Within this period, the Buyer must send an email to info@educationest.eu, stating their decision to withdraw from the contract, without any obligation to provide a reason. Within 14 days of sending the notice of withdrawal, the Buyer must return the products to the Seller's premises, bearing any costs associated with the return of the Products, such as shipping and/or transport costs.
8.2 The Seller, within 8 days of receiving the Product subject to the aforementioned notice of withdrawal, undertakes to refund the Buyer the payment received for the Product, pursuant to art. 56 of the Consumer Code (except for any additional costs resulting from the Buyer's choice of a delivery method other than the least expensive one offered by the Seller), using the same payment method chosen by the Buyer when placing the Order.
8.3 The Seller will not be required to reimburse the Buyer if the returned Products are incomplete, damaged, or have suffered a decrease in value resulting from improper handling or if they are missing their original packaging. In these cases, the Seller will inform the Buyer via email, attaching photographs of the returned Products, and will choose whether to collect the purchased products or have them shipped, at its own expense. Otherwise, the Seller will retain the returns without refunding the related costs.

Order Storage – Communications – Privacy

9.1 Following the Order, the Buyer agrees that all communications relating to the Products will be sent to the email address indicated when completing the Order.
9.2 The Privacy Policy and Cookie Policy can be consulted in the appropriate sections at the bottom of the site.

Unavailability of the products ordered

10.1 In the event that a product is out of stock and cannot be restocked for any reason, the Seller will send the Customer an email to make new arrangements and/or possibly refund the full amount received, according to the methods that will be indicated for this purpose. It is understood that the refund of the price represents the Seller's sole responsibility for the non-acceptance or cancellation of the order, with the Seller excluding any form of liability in this regard.
10.2 The Seller's decision to maintain or not maintain commercial relationships is to be considered final.
10.3 The Seller reserves the right to refuse or cancel any order, regardless of whether payment has been received or not, by notifying the customer by fax, telephone, or email within 48 (forty-eight) hours (excluding weekends and public holidays) of receiving the order. In the event that the Seller does not accept or cancels an order for which payment has already been made, the Seller will promptly refund the entire amount received, using the same methods with which it was received.

Fortuitous event and force majeure

In the event that the Seller's execution of orders is hindered or prevented by force majeure or unforeseeable circumstances, or by the impossibility of procuring the services, materials, or items necessary to fulfill the order, unless at increased prices, the Seller may delay fulfilling the order. In such a case, the customer will be notified of the delay and, within 3 (three) days of receiving the notification from the Seller, the customer will have the right to cancel the order in whole or in part.
In none of the aforementioned cases will the Seller be held liable for the delay, cancellation, or inability to make delivery.

Warranty

The Seller will replace or repair the products supplied, or refund the price, if, despite proper and diligent use by the customer, any defects are found. These defects must be reported to EDUCATIONEST within 12 (twelve) months from the date of shipment, or within a different period indicated by the Seller for specific products, or established by law.
The products, or parts thereof to which the complaint refers, must be returned to the Seller within 8 (eight) days of acceptance by the Seller, adequately packaged, shipped by the customer and in accordance with any specific instructions provided at the time of delivery or subsequently.
The returned products or parts thereof must be accompanied by a note describing the defect, as well as any other information indicated or requested by the Seller at the time of delivery or subsequently.
All products or parts thereof replaced by EDUCATIONEST will become the exclusive property of the same. This warranty replaces any other warranty or provision established by law regarding the quality or suitability of the products for specific uses, except those provisions which cannot be derogated by law.

Product information and availability

Unless otherwise specified, "technical parameters" represent the limits within which the customer may use the product, with particular reference to its safety. Dimensions and other physical characteristics are subject to normal commercial tolerances. It is the customer's responsibility to verify, in advance, the product's suitability for their intended use.
The Seller reserves the right to discontinue offering any product or make changes to product specifications at any time, even without notice and without having to provide a justification for such decision.

Responsibility

These general conditions outline the entire scope of the Seller's liability with respect to the products, excluding any other express or implied warranties, conditions, and terms established by law, including those regarding the quality or suitability of the products for specific uses, except for those warranties that cannot be waived by law, with particular reference to the provisions of Article 1229 of the Civil Code and regarding liability for damage caused by defective products and consumer protection.

Applicable law – Disputes and competent court

Any disputes with the Buyer regarding the validity, effectiveness, interpretation or execution of the contract and, in general, regarding navigation on the Site or the use of any functionality made available to the Buyer on the Site, will be referred to the judicial authority of the Court of Modena (MO).