Subject
1. These General Conditions of Sale (hereinafter: General Conditions) govern the remote purchase, made through a telematic network, of products from the Site www.arsdecorating.com (from now on: Site).
2. Owner of the Site is Gabriella Gaeta Decorazioni e restauro (from now on: Seller) with registered office at Sdrucciolo de’ Pitti 17r, 50125 Florence, Italy, VAT number IT05950480482.
Acceptance of the General Conditions of Sale
1. All purchases of Products made through the Site (from now on: the Purchase Contracts) by users who access it (from now on: Customers) are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), section II Distance contracts (articles 50 to 67) and by the Italian rules on electronic commerce (Legislative Decree 70/2003).
2. With the fulfillment of the Purchase Contracts, the Customer accepts these General Conditions and undertakes to observe them.
3. The Customer is required to carefully read these General Conditions before making any purchase and has the right to keep a copy using IT or other tools as per art. 12, 3rd paragraph of Legislative Decree 70/2003.
4. The Seller reserves the right to modify the content of these General Conditions at any time and without notice. The General Conditions published on the Site at the time the Customer sends the purchase order will apply to each individual Purchase Contract.
Products
1. The Site has as its object the sale of paintings, jewels, decorating items and furnishing accessories (hereinafter: Products).
2. All the Products for sale are illustrated on the Site, within the respective sections, divided by categories and possibly sub-categories.
3. The images of the Products shown on the Site are purely indicative, without any guarantee or commitment on the part of the Seller as to the exact correspondence of the image visible on the Site with the actual Product: the Products are handcrafted objects that may show variations in the shape, colors and dimensions compared to the images visible on the Site.
Purchase procedure
1. The Customer can purchase the Products in the various sections of the catalog on the Site following the procedure commonly used on e-commerce sites and summarized below.
2. The Customer enters the Products he/she intends to purchase in the “Shopping Cart” and, after completing the choice of Products to purchase, goes to the page with the summary of the Products that make up the purchase order, the contribution for shipping costs and the total amount of the purchase order.
3. After viewing this summary, the Customer enters the data necessary for the shipment (name, address, telephone number, e-mail address, any communications), chooses the payment method (PayPal; credit card through the PayPal site; bank transfer) and sends the order by clicking on the “Proceed with payment” button.
4. At this point the Customer will receive an e-mail from the Seller with the acceptance of the order.
Payment methods
1. The payment of the purchased Products may be made with: PayPal, credit card, bank transfer.
2. If the Customer has chosen to pay with PayPal or credit card, after clicking on “Proceed with payment” is transferred to the PayPal site where he/she can enter e-mail address and password (for payment with PayPal) or credit card details.
3. If the Customer has chosen to pay by bank transfer, he/she will receive all necessary data in the order acceptance message from the Seller.
Fulfillment of the contract
1. The publication of the Products displayed on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contract proposal and implies full knowledge and full acceptance of these General Conditions.
2. Each Purchase Agreement stipulated between the Seller and the Customer must be considered fulfilled with the sending by the Seller of the acceptance of the order to the Customer’s e-mail address. This confirmation message will include an “Order Number”, to be used in any subsequent communication with the Seller. The message will also include all the data entered by the Customer, who undertakes to verify their correctness and to promptly communicate any necessary corrections. Any increase in costs caused by errors in the data not reported promptly will be the sole responsibility of the Customer.
3. The Seller has the right to to accept or not, at its own discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind as compensation or otherwise in the event of non-acceptance of the order.
4. In particular, the Seller reserves the right not to accept purchase proposals and cancel orders that do not give sufficient guarantees of solvency, or if – also following communications from the circuit that manages payments by credit cards – there are anomalies in the transactions and payment methods used by the Customer.
5. The Customer may verify at any time the content of the Purchase Contracts concluded by contacting the Seller. This data will be available for a period of 12 months from the delivery of the Products.
Product Prices
1. All prices of the Products are clearly indicated on the Site and are intended VAT included. Shipping costs are adequately highlighted at the time of the order. The cost of each shipment varies depending on the destination and the total weight of the Products that make up the order.
Delivery mode and costs
1. The Seller undertakes to deliver the Products purchased without delay and in any case no later than thirty days from the conclusion of the Purchase Agreement. Shipping costs are detailed on the “Shipping“ page. The delivery of the Products will be carried out by courier (from now on: the Carrier). Delivery times vary depending on destination and other factors.
2. Products will be shipped only to countries/regions listed on the “Shipping“ page; delivery to other destinations may be available upon request.
3. No responsibility, for any reason, will be charged by the Customer to the Seller in case of delay in the fulfillment of the order or in the delivery of the Products included in the Purchase Contracts.
4. The Products ordered will be sent to the postal address indicated by the Customer in the order form. Immediately after delivering the Products to the Carrier, the Seller will send by e-mail to the Customer a confirmation of the shipment containing the instructions for tracking the shipment on the Carrier’s website.
5. Deliveries will be made according to the modalities established by the Carrier. The delivery is deemed completed when the package containing the Products is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the absence of the recipient at the specified address, the Carrier will send a notice and will arrange a new delivery according to the modalities predetermined by its rules. In case of impossibility in carrying out the new delivery due to the absence of the recipient, the Products object of the order will be returned to the Seller
6. After 30 (thirty) days from the date on which the Products object of the order have been returned to the Seller due to impossibility to carry out the delivery, the contract will be understood as canceled as from art. 1456 of the Italian Civil Code. The Seller will reimburse the sum paid by the Customer net of the costs of returning the Products and the costs of keeping them at the branch of the Carrier.
7. The termination of the contract and the amount of the refund will be communicated by the Seller to the Customer by e-mail. The reimbursement amount will be credited to the payment method used by the Customer for the purchase. In the event that, before the expiration of thirty days, the Customer requests to receive the purchased Products again, the Seller will proceed to the new delivery after debiting, in addition to the costs thereof, the costs of returning the Products and storage costs.
8. At the time of delivery of the Products by the Carrier, the Customer is required to carefully check that the packaging is not damaged or tampered with and that the number of pieces delivered corresponds to what is indicated in the transport document.
9. Any damage to packaging and Products or the mismatch in the number of pieces/packages or indications must be immediately reported to the Carrier by the Customer, who may contact the Seller specifying the order for which such problems occurred.
10. Cases of force majeure, unavailability of means of transport and unforeseeable or inevitable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be paid by the Seller, will give the Seller the right to split, postpone or cancel all or any of the scheduled deliveries or to terminate the Purchase Agreement. In such cases the Seller will provide a timely and clear communication to the e-mail address indicated by the Customer, who will have right to a refund of the price possibly already paid, excluding any further claim, for any reason, against the Seller.
Discount Coupons – Promotions
1. Any discount coupons or promotional codes may be entered when the Customer completes the purchase order. The system will update the total amount of the order net of the value of the coupon.
2. The discount coupon will be cumulative with other promotions only in cases where this is expressly indicated.
Right of withdrawal
1. The Client who purchases goods as a consumer (i.e. for purposes unrelated to his/her entrepreneurial, commercial, or otherwise professional activity) has the right to withdraw from the Purchase Agreement, without indicating the reasons, within 14 days.
2. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by him, acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by him, acquires physical possession of the last good.
3. To exercise the right of withdrawal, the Customer is obliged to inform the Seller (Gabriella Gaeta Decorazioni e restauro, Sdrucciolo de’ Pitti 17r, 50125 Florence, Italy – gabri.gaeta@virgilio.it) of his decision to withdraw from the Purchase Agreement through an explicit declaration (such as: letter sent by post, e-mail message).
4. To meet the withdrawal deadline it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
5. If the Customer withdraws from the Purchase Agreement, he/she will be reimbursed for all payments made to the Seller, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than less expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the Seller will be informed by the Customer of the decision to withdraw from the Purchase Agreement. These refunds will be made using the same payment method used by the Customer for the initial payment, unless it is expressly agreed otherwise. The refund can be suspended until receipt of the goods or until the Customer demonstrates that he/she has returned the goods, if earlier.
6. In the event that the right of withdrawal is exercised after the shipment of the Products, the direct costs of returning the Products will be charged to the Customer. The Customer is responsible only for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
7. The Customer is required to return the Products to Gabriella Gaeta Decorazioni e restauro, Sdrucciolo de’ Pitti 17r, 50125 Florence, Italy, without undue delay and in any case within 14 days from the day on which he communicated his withdrawal from the Purchase Agreement. The term is respected if the Customer sends back the goods before the expiry of the 14 day period.
8. The Customer will not be able to exercise the right of withdrawal in the case of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
Non-conformities of products and defective products
1. The Products offered on the Site comply with national and european legislation. The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or the devices used for their display.
2. In case of lack of conformity of the Products purchased with respect to the description published on the Site and in the event of a faulty or defective Product, the Customer has the right to immediate reimbursement for the Product, upon sending by e-mail photographs highlighting the damage or non-compliance of the Product.
3. The Seller will send to the Customer an e-mail with the indication of the modality of refund which could take place; As an alternative to the refund, the Customer will have the opportunity to receive a discount on the next purchase of an amount greater than the value of the goods to be refunded, excluding any liability of the Seller, for any reason.
4. The provisions on the legal guarantee of conformity of the goods provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) are reserved in any case.
Treatment of personal data
1. Customer data is processed by the Seller in compliance with current legislation on the protection of personal data, as specified in the information on the page “Treatment of personal data”.
Communications and complaints
1. All communications or any complaints by the Customer against the Seller regarding the Purchase Contracts must be communicated to the addresses indicated on the “Contacts” page of the Site.
Property of intellectual rights
1. All trademarks (registered and unregistered), as well as any and all intellectual work, distinctive sign or denomination, image, photograph, written or graphic text and more in general any other intangible asset protected by international intellectual property laws and conventions on the Site remain of exclusive property of the Seller and/or its assignors, without the Customer having any right to the same from access to the Site and/or from the stipulation of Purchase Contracts. Any use, even if only partial, of said contents is prohibited without the prior written authorization of the Seller, in favor of which all related rights are exclusively reserved.
Applicable law and competent court
1. These General Conditions and any and all contracts stipulated with the Customer are governed by Italian law, without prejudice to the application of european legislation and international treaties, when applicable, as well as of national consumer protection legislation.
2. For any dispute relating to the interpretation, execution, validity or effectiveness of these General Conditions and any contract stipulated with Customers will be competent the court of the place of residence or domicile of the consumer, if located in Italy.