1. SUBJECT OF THE CONTRACT
1.1 This telematic contract has as its object the sale by the company Artioli 1899 Srl (hereinafter -the Seller-), of products, with particular reference, even if not exclusive, to Editorial products, Books and Prints, ( from now on-the Products-), purchased by a customer (from now on, -the Customer-), chosen from those offered on the website www.artioli.it (hereinafter -the Site-).
2. SELLER’S DATA
2.1 The Seller is identified as follows: Artioli 1899 Srl based in Italy, Via Emilia Ovest, N. 669, 41123 Modena (MO) – VAT number 01285670368 – Business register N. 202670.
2.2. The Seller is the owner of the website www.artioli.it, through which it carries out e-commerce activities.
2.3 Customer complaints must be sent to the Seller’s registered office indicated in point2.1 above, or preferably to the following e-mail address: firstname.lastname@example.org
3. PROCEDURE FOR CONCLUSION OF THE CONTRACT
3.1 The Seller, on the Site, publishes the offer of the Products to be understood as an offer to the public pursuant to art. 1336 of the Italian civil code, complete with price indications, availability, shipping costs, payment and delivery methods and the guarantee.
3.2 The Customer may proceed with the purchase of the Products offered by the Seller either online through the Site, or by telephone order and under the conditions provided therein, following the correct execution of the following procedure:
3.2.1. the Customer first of all has the burden of carefully reading the general conditions of use and the information on the processing of personal data and gives, where he deems it, his consent to the processing of data not strictly connected to the purposes of the collection (so-called treatments optional);
3.2.2. the Customer proceeds with his registration by completing the registration form prepared by the Seller, specifying the address where he wants the goods to be delivered (shipping address);
3.2.3. the Customer then carefully reads, accepts and prints and / or stores a copy of these general conditions of sale, for any future use;
3.2.4. the Customer chooses, among those available, the shipping and payment methods;
3.2.5. Finally, the Customer confirms and sends the order.
3.3 The contract is concluded when the Customer’s acceptance – to be provided only after he has previously read the general conditions of use and the information relating to the processing of his personal data and has provided the data, has read, approved and printed and / or stored these general conditions of contract, has provided the shipping address and chosen the desired payment option from those available is registered by the server where the web pages of the Site are stored.
3.4 The Seller will notify the Customer of the receipt of the order, thus confirming the conclusion of the sales contract, by e-mail sent to the e-mail address indicated by the Customer at the time of his registration, containing the date and the total amount of the order and the detail of the same.
3.5 Before confirming the purchase and sending the order, the Customer will be provided with a summary containing the unit cost of each individual product chosen, the total cost in the case of the purchase of multiple Products and the total transport and delivery costs.
3.6 At the time of the order by the Seller (i.e. with the delivery of the Product to the shipper / courier, as indicated below in art.5.9 of these general conditions of sale), the Customer will receive from the courier in charge of delivery an e-mail confirming the shipment of the Products. This e-mail may also contain a hypertext link to the personal page of the Customer, within which the history of orders placed will be visible.
The price of each Product offered for sale by the Seller on the Site is inclusive of the Value Added Tax (VAT) and any other taxes or duties excluding any customs clearance costs or other charges that cannot be quantified at the time of the order.
5. METHOD OF SHIPPING AND DELIVERY COSTS
5.1 The costs of shipping and delivery of the Products purchased on the Seller’s Site remain the sole responsibility of the Customer, for the amount indicated in the offer published on the Site itself, visible during the purchase procedure and displayed in the special space called “Shipping costs” which vary according to the destination of the shipment.
5.2 Shipping and delivery costs, where present, vary according to the quantity of Products ordered, as shown in the order summary, in the “Cart” and in the “Order Confirmation” page.
5.3 The payment of the price of the Products purchased by the Customer on the Site and of the shipping and delivery costs, as per art. 4 and 5 of these general terms and conditions, must be made according to the payment method identified by the Customer among those available on the Site and compatible with the shipping and delivery option selected by the Customer himself.
5.4 The Products purchased will be delivered to the address indicated by the Customer, if not specifically requested the “Local Pick up”, in this case the package will be prepared on the following working day and can be collected no later than 14 subsequent working days, in in case of non-collection Artioli will contact the customer to organize a new collection or proceed with a possible shipment to be paid by the customer.
5.5 The couriers used for deliveries do not normally make preventive phone calls, nor do they manage requests for delivery of shipments at particular times.
5.6 The shipment of the goods will take place by Express Courier.
5.7 The Products are delivered to the courier by the Seller, usually, within 3 working days following the moment in which the same Products are actually available in its warehouse, except as provided for in the following art. 7 and 8.
5.9 In case of non-delivery of the Product due to the absence of the recipient Customer at the address, the courier will leave a non-delivery notice containing a telephone number, with an invitation to the Customer to contact him; in any case it will make a new delivery attempt the next day. If within 48 hours following the non-delivery the customer has not made any telephone contact, the courier will have the right to return the Product to the Seller.
6. PAYMENT BY CREDIT CARD AND PAYPAL: Procedure and Payment informations
6.1 Payment will be made by, credit card or PayPal system; the relevant procedure will be accessible during the confirmation and dispatch of the order by the Customer.
6.2 At no time during the purchase procedure will the Seller be able to know the Customer’s credit card number, as this number will be forwarded directly to the banking service manager via a secure connection.
6.3 The amount relating to purchases made by credit card is handled at the time of the order.
7. PRODUCT AVAILABILITY
7.1 The Customer can complete the purchase procedure, by confirming and sending the order, only for available products.
7.2 In any case in which, for any reason, the Seller does not fulfill the order due to unavailability, even temporary, of the Product or for other reasons, the provisions of which to Legislative Decree no. 206/2005 (Consumer Code).
7.3 In some cases the products may be pre-ordered when expressly indicated on the product page. In this case, the pre-order reflects this sales contract in all its forms, with the only difference that the product will be shipped only once it is in stock, the indicative times for warehouse assortment and shipping will always be expressed on the product page.
8. WARRANTIES. SUPPORT. LIMITATION OF SELLER’S LIABILITY
8.1 The Products sold by the Seller are subject, in the event of purchase by consumers, to the regulations provided for by Legislative Decree 24/2002 regarding the sale and guarantee of consumer goods and, for what is not provided for therein, to the rules of Italian civil code and other applicable laws. The warranty applies to the Product that has lack of conformity and / or malfunction not found at the time of purchase, provided that the Products are used correctly and with due diligence, in compliance with the operating rules indicated therein.
8.2 In any case, the guarantee will not be due by the Seller in the event of negligence and carelessness on the part of the Customer in using the Products.
8.3 The Customer who acts as a consumer is the owner of the rights provided for in Articles. 114 et seq. Legislative Decree 6.9.05 n. 206.
8.4 The malfunction of the Product must be reported, with the procedure referred to in the previous article 2.3, by the Customer, in writing, to the Seller within fifteen days from the delivery of the Product, with a brief description of the defect found. The Customer undertakes to verify the correct functioning of the Product, and its correspondence to the order, immediately after its delivery.
8.5 The Seller is not even responsible for any fraudulent and illegal use that is made by the Customer or by third parties of credit cards, at the time of payment for the purchased Product.
8.6 The products shown on the site are an artisan editorial product and the images are for illustrative purposes only. The final product may differ in part from what is shown on the site as regards: volume of the pages, colors that are not perfectly realistic, dust jackets. However, each product is accompanied by a detailed description that presents its real characteristics. In any case, at the time of purchase, the customer is aware of these conditions and therefore accepts any differences from the product shown on the site.
9. OBLIGATIONS OF THE CUSTOMER
9.1 The Customer undertakes to print and / or memorize and thus to keep these general conditions of contract, the information relating to the processing of personal data and the order form, before the acceptance to be made by clicking on the order confirmation
9.2 It is forbidden for the Customer to provide false data, purely fictional or otherwise referring to third parties, non-existent or unrelated, when completing the order form, or in the payment procedure by credit card.
9.3 The Customer must verify the integrity of the package delivered by the courier, containing the Products purchased from the Seller. In particular, the package that will be delivered to him must not be tampered with, as the customized adhesive tape used by the Seller in the packaging to seal the package and the plastic wrapping must be intact. Any disputes, of any kind, relating to the lack and / or discrepancy of some of the Products ordered in the delivered package, must be moved by the Customer directly to the courier, at the moment of delivery of the package. The Seller will not consider valid and will not accept late and subsequent disputes.
9.4 If the Customer chooses to have delivered the Products to a different address from the one entered at the time of registration on the Site, the same guarantees that those who live, or in any case present, at that address, are aware of the shipment and that , in any case, they have provided the Customer with prior consent to receive the Products purchased from them on the Site. In such cases, the Customer will be held liable to the Seller for the refusal of third parties to receive the Products and undertakes to indemnify and hold harmless the Seller from any action, reason, claim, request, request for compensation that should be brought against the Seller for reasons even indirectly connected to the delivery to their home, of the Products purchased by the Customer on the Site.
10. RIGHT OF WITHDRAWAL AND RETURN OF THE ASSET
10.1 The Customer has the right to withdraw from this contract, without any penalty and without the need to specify the reason, within fourteen days from the day he’s received the Product. The right of withdrawal is exclusively allowed to the Customer who is a “consumer” for the purposes of Legislative Decree 6.9.05 n. 206.
10.2 The Customer must exercise the right referred to in paragraph 10.1 through a registered letter with return receipt to the Seller’s address: Artioli 1899 Srl Italy, Via Emilia Ovest, N. 669, 41123 Modena (MO), also indicated on the Home Page.
10.3 The Customer who has exercised the right of withdrawal in the ways and terms referred to in the previous articles is required to return the goods delivered to him within fifteen working days from the date of receipt of the goods, with shipping and return costs to his own load. In this case, the essential condition for exercising the right of withdrawal is that of the substantial integrity of the asset to be returned in all its parts, including the plastic and the original packaging in all its parts as well.
10.4 When the Customer exercises the right of withdrawal, the Seller is required to return the amount received in payment for the Product and for the shipping costs, within fourteen working days following the shipment of the Products by the Customer.
11. EXPRESS TERMINATION CLAUSE
11.1 If the Customer defaults on the obligations referred to in art. 10 of this contract or the obligation to pay the price, this contract will be terminated by law, pursuant to Article 1456 of the Italian Civil Code, starting from the date of sending the fax message or the e-mail communication through which the Seller declares to want to make use of of this termination clause.
12. Applicable law and dispute resolution
12.1 The General Conditions of Sale are governed by Italian law and in particular, for the Customer who is a “consumer” pursuant to and for the purposes of Legislative Decree 6.9.05 n. 206, by the same legislative decree, with specific reference to the legislation on distance contracts, and by the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
13.1 The Seller informs that the Site, as well as all the trademarks and distinctive signs used by the Seller in relation to the sale of the products, is protected by the applicable intellectual and industrial property rights, and that is prohibited any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the site, of the brands and distinctive signs used by the Seller.
13.2 The Seller assumes no responsibility for the trademarks and other distinctive signs that appear on the products it sells on the site, with respect to which the customer does not acquire any rights following the conclusion of the contract.
14.1 Artioli 1899 Srl has chosen the PayPal electronic payment circuit for payment by credit card. To ensure maximum security, the payment transaction is made directly on PayPal’s secure server. Therefore, the customer’s credit card numbers are not stored on the Seller’s website, which is therefore not responsible for any fraudulent and illegal use that may be made by third parties of credit cards upon payment of the purchased products. . By choosing to pay by credit card, the customer will carry out the transaction automatically upon confirmation of the order. The amount relating to the order will be charged at the time of the order. The accepted credit cards are all those belonging to the Maestro, Visa, Visa Electron, Mastercard, PostePay circuits (Updated list of accepted circuits accepted by Paypal: https://www.paypal.com/it/smarthelp/article/quali-carte-di-credito-o-prepagate-posso-usare-su-paypal-faq1119)
14.2 Artioli 1899 Srl provides the possibility to pay by bank transfer. Payment must be made in favor of “Artioli 1899 Srl” to the bank details: IBAN: IT65E0538712901000002411899 BIC / SWIFT: BPMOIT22XXX indicating the order number and name and surname of the customer in the reason for payment. The order will be held until the amount has been credited, which can take up to 5 working days. If the payment is not received within 14 working days, the order will be automatically canceled.
15. Commercial policy
15.1 The Seller carries out e-commerce activities, both in reference to B2C Commerce (Business to Consumer), and to B2B Commerce (Business to Business), for the sale of products and services both to private consumers and to subjects not classifiable as consumers .
15.2 The Seller is the commercial company that manages the Site and relates to the Customers.
15.3 In consideration of its commercial policy, the Seller reserves the right not to process orders from subjects other than the Customer or in any case to orders that do not comply with its commercial policy.
15.4 The General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products between the Customers of the Site and the Seller. The General Conditions of Sale, on the other hand, do not regulate the supply of services or the sale of products by parties other than the Seller that are present on the Site through links, banners or other hypertext links. Before submitting purchase orders for products and / or services from parties other than the Seller, the Customer is invited to check their conditions of sale. The Seller, in fact, is not responsible for the provision of services by third parties or for the conclusion of e-commerce operations between users of the Site and third parties.
16.1 The Wishlist (or “wish list”) is a service for registered users that works as a reminder. That is, it allows you to select the products of interest to follow their availability and price. In this way, without carrying out a search every time, you will be able to access the desired product sheet with a simple click. The presence of a product in the Wishlist does not oblige the customer to purchase nor does it guarantee that the price and availability will be maintained over time. The Wishlist service will not necessarily always be active on the site.
17. Methods of data processing and storage
17.1 The Seller processes personal data using automated and non-automated tools. In particular, by virtue of a specific contract, it is the exclusive user of web space on the host provider’s server, where the data is stored and archived, remaining accessible only to the Seller’s representatives as well as, only for technical needs (such as, for example, , server maintenance) also to the host provider. Personal data will also be communicated to the person in charge of delivery, within the limits of those strictly necessary for carrying out this activity.
19. Changes and updates
19.1 The General Conditions of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the website www.artioli.it.