Terms and Conditions of Sale

Website: marcodimarzio.com

1. Background and Owner details

The website marcodimarzio.com (hereinafter, the “Website”) is owned and operated by:

marcodimarzio.com
Registered office: Via Coluccio Salutati, 7 – Milano, Italy
VAT No.: 07472470967
Contact email: md@marcodimarzio.com

(hereinafter, the “Owner”).

These Terms and Conditions of Sale (hereinafter, the “Terms and Conditions”) govern the sale of digital products in PDF format (hereinafter, the “Products” or “eBooks”) carried out through the Website, as well as the redirection from the Website to products sold on Amazon (Kindle and paperback format).

Any user who purchases a Product through the Website (hereinafter, the “Customer”) acknowledges that they have read, understood and accepted these Terms and Conditions.

2. Subject matter of the contract

Through the Website, the Owner offers for sale:

• Digital products in PDF format, which can be downloaded via a link sent by email after successful payment.
• Books in Kindle and paperback format sold on Amazon, to which the Website redirects the Customer via specific buttons on the relevant product page.

For any purchase made directly on Amazon, the sales contract is concluded between the Customer and Amazon and is governed exclusively by Amazon’s Terms and Conditions and its refund/return policies.

3. Purchase process and conclusion of the contract

To purchase a Product in PDF format on the Website, the Customer must:

• Select the desired Product.
• Access the checkout page.
• Enter the payment details requested.
• Explicitly accept these Terms and Conditions.
• Confirm the order and proceed with payment.

The sales contract is deemed concluded when payment has been successfully completed.

Once payment has been confirmed, the Customer will receive an order confirmation email containing the link to download the PDF.

4. Prices, currency and invoicing

All prices displayed on the Website are expressed in Euro (€) and are inclusive of any applicable VAT, where due.

The Owner reserves the right to change prices at any time; however, Products will be invoiced based on the price indicated at the time the Customer places the order.

The Customer may request an invoice by sending an email to: md@marcodimarzio.com

5. Payment methods

Payments can be made using the methods indicated on the Website at the time of purchase.

Payment data are not processed directly by the Owner but by the relevant payment service provider, which acts as independent data controller. The Owner does not store or process the Customer’s full payment details.

6. Delivery of digital Products (PDF)

Digital Products in PDF format are made available to the Customer via a download link sent to the email address provided during the purchase process.

The Customer is responsible for ensuring that the email address provided is correct and accessible.

In case of any issues with the download (e.g., non-functioning link, corrupted file, or no receipt of the email), the Customer is invited to contact the Owner at the email address indicated on the Website.

7. Right of withdrawal and no returns for PDFs
7.1 General rule for digital content sold on the Website

The Products in PDF format sold through the Website are digital content supplied on a non-tangible medium.

Pursuant to Article 59(1)(o) of the Italian Consumer Code (Legislative Decree No. 206/2005), the right of withdrawal is excluded for contracts concerning the supply of digital content that is not supplied on a tangible medium, where performance has begun with the consumer’s prior express consent and their acknowledgement that they thereby lose their right of withdrawal.

To comply with this legal framework:

• at the time of purchase, the Customer expressly requests that the digital content be made available immediately after payment;
• the Customer expressly accepts and acknowledges that, once the download has begun or access to the PDF file has been granted, they lose the right of withdrawal provided for under the Italian Consumer Code.

7.2 No returns and no refunds for PDFs

Once the PDF file has been made available, it remains in the Customer’s possession and may be copied or stored on multiple devices. For this reason, no returns or refunds are provided for digital Products purchased on the Website, except where mandatory provisions of applicable law provide otherwise.

In practical terms:

• it is not possible to “return” a PDF once it has been downloaded or made accessible;
• no refund will be granted once the download has been made available or the link has been sent to the Customer’s email address.

Without prejudice to the above, in the event of technical issues attributable to the Owner (e.g., non-functioning link, unreadable file), the Owner undertakes to provide the file again or to send an alternative download link at no additional cost to the Customer.

8. Books purchased on Amazon (Kindle and paperback) – Return policies

For certain titles, the relevant Product page on the Website may include buttons that redirect the user to the corresponding book page on Amazon (Kindle or paperback edition).

In such cases:

• the purchase is not made on the Website marcodimarzio.com but directly on Amazon;
• the relevant sales contract is concluded between the Customer and Amazon (and/or any third-party seller indicated on Amazon);
• terms and conditions, payment methods, delivery arrangements, and return/refund policies are governed exclusively by Amazon, including the specific conditions applicable to the Kindle Store and to physical products.

The Customer must therefore refer to Amazon’s Terms of Use and Sale and to the applicable return policies in force at the time of purchase.

The Owner is in no way responsible for:

• the management of orders placed on Amazon;
• the shipment, delivery, or any loss of physical products;
• returns, refunds, or credits handled by Amazon;
• any malfunction of the Customer’s Amazon account or Kindle device.

9. License to use the PDFs

The purchase of a digital Product in PDF format from the Website does not entail the transfer of any intellectual property rights. The Customer acquires only a personal, limited, non-exclusive, and non-transferable license to use the Product.

Unless expressly authorised in writing by the Owner, the Customer is expressly prohibited from:

• sharing the PDF with third parties;
• distributing, reselling, transferring, or renting the Product;
• publishing the PDF (or substantial parts of it) online or on file-sharing platforms;
• modifying, extracting, or systematically reusing its contents for commercial purposes.

Any infringement of intellectual property rights may be pursued before the competent courts.

10. Intellectual property

All content on the Website—including, by way of example but not limited to, text, graphics, logos, images, editorial content, trademarks, domain names, the structure of the site, and source code—are the property of the Owner or third parties who have authorised their use.

Any reproduction, even partial, of the content of the Website is prohibited without the Owner’s prior written consent.

11. Limitation of liability

To the fullest extent permitted by applicable law, the Owner shall not be liable for:

• temporary unavailability of, or technical issues affecting, the Website;
• incompatibility of PDF files with the Customer’s devices or software, unless expressly stated by the Owner;
• any indirect or consequential damages, or loss of data, arising from the use of the Products purchased.

The Owner’s liability for wilful misconduct or gross negligence remains unaffected, as does any liability that cannot be excluded under mandatory applicable law.

12. Processing of personal data

The Customer’s personal data are processed in compliance with applicable data protection laws, including Regulation (EU) 2016/679 (GDPR) and relevant national legislation.

For further information, the Customer is invited to consult the Privacy Policy and Cookie Policy available on the Website.

13. Amendments to the Terms and Conditions

The Owner reserves the right to amend these Terms and Conditions at any time.

Any changes will be published on the Website and will apply only to orders placed after the date of publication of the updated version.

14. Governing law and jurisdiction

These Terms and Conditions are governed by Italian law.

If the Customer is a consumer within the meaning of the Italian Consumer Code, any dispute concerning the interpretation, performance, or termination of these Terms and Conditions shall be submitted to the jurisdiction of the courts of the Customer’s place of residence or domicile.

If the Customer acts in a professional capacity (purchase made with a VAT number), any dispute shall be subject to the exclusive jurisdiction of the Court of Milan, Italy.