General conditions of sale
1.1 These general conditions of sale govern the contractual relationship between Galleria93 and its end customers, if they are individuals acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.
1.2 This version of the General Conditions refers to the sale made to natural persons having their domicile or residence in Italy or abroad.
Pursuant to and for the purposes of these General Conditions, the following definitions shall apply:
(a) “Purchaser”: the final customer who is a natural person and acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
(b) “Catalogue”: the catalog available at galleria93.com/en/artworks/, containing the Works;
(c) “Consumer Code”: the Legislative Decree no. 206/2005;
(d) “General Terms and Conditions”: these general terms and conditions of sale, set out on the Site, applicable to the contractual relationship between the Seller and the Buyer;
(e) “Distance Contract”: the contract for the sale and purchase of Works concluded between the Seller and the Buyer under a distance selling system which, for such contract, employs exclusively one or more distance communication techniques up to and including the conclusion of the contract (e.g. telephone, fax, internet or e-mail);
(f) “Contract negotiated away from business premises”: the contract having as its object the sale of Works entered into between the Seller and the Purchaser, in whatever form, (I) during a visit by the Seller to the Purchaser’s home, or at the Purchaser’s workplace or on the premises where the Purchaser is, even temporarily, for work, study or care purposes, (II) during an excursion organized by Seller outside its business premises, (iii) in a public area or open to the public, by signing an order note, however named, (iv) by correspondence, or in any case on the basis of a catalog that Buyer has had the opportunity to consult without the presence of Seller.
(g) “E-Commerce Regulations”: Legislative Decree n. 70/2003;
(h) “Order”: an order for the purchase of the Works by the Buyer, consisting of the order form and the General Conditions;
(i) “Artworks”: the goods marketed by the Seller and listed in the Catalogue;
( j) “Order Confirmation”: the confirmation of the Order issued by the Seller, containing a summary of some of the information already contained in the Order Form (i.e. the General Conditions, the essential characteristics of the Work, the detailed indication of the price, the means of payment, the possible delivery costs, the address to which to submit any complaints, the information on the right of withdrawal);
(k) “Operative Headquarters”: the Seller’s operative office designated also for the purposes of the presentation of complaints by the Buyer, located in Piazza santa Maria in Castello, 7 Prato, Italy.
(l) “Site”: the Seller’s institutional site www.galleria93.com
(m) “Seller”: Gallery 93 of Cinzia Lascialfari, enrolled in the register of companies of Prato and Pistoia to the REA .n. PO 532093
CF: LSCCNZ72R53G999O PIVA02401190976 with registered office in Piazza Santa Maria in Castello, 7 which acts in the exercise of its entrepreneurial, commercial or professional activity.
Conclusion of the contract and acceptance of the general conditions of sale
3.1 Contracts for the sale of the Works published in the Catalogue (Distance Contracts and/or Contracts negotiated outside commercial premises), are considered concluded when the Order placed by the Buyer reaches the Seller, and the latter accepts it, sending the Order Confirmation.
3.2 The Order can be transmitted to the Seller through the appropriate section of the Site.
3.3 By sending the Order on-line, the Purchaser transmits to the Seller a proposal to purchase the Works inserted in the cart.
3.4 When the Buyer places an Order on-line, he agrees to purchase the Works placed in the cart at the price and under the terms indicated in these General Conditions.
3.5 The Seller will promptly notify the Purchaser of the acceptance of the Order by sending the Order Confirmation.
3.5 The Seller, in particular, may not accept the Order if the selected Work is no longer available or there is no agreement on the payment method, or for any other impediment relating to the execution of the Order.
3.6 The offers present on the Site are understood to be valid as long as the Works remain published online. The Seller reserves the right to notify the Purchaser within.
3.7 The Buyer must read these General Conditions carefully before sending the Order. Sending the Order implies full knowledge and acceptance of the same.
4.1 The Buyer will purchase the Works at the price indicated in the catalog or otherwise communicated in writing by e-mail, plus delivery charges.
4.2 Before placing the Order, the unit cost of each selected Work, the total cost in case of purchase of more Works, and the relevant delivery costs will be summarized.
4.3 Once the Order has been forwarded, the Purchaser will receive from the Seller by e-mail a notification of receipt containing the confirmation of the Order with all the constitutive elements of the contract (information concerning the main characteristics of the Work purchased, detailed indication of the price, delivery costs, means of payment) and containing a reference to the General Conditions and to the information concerning the existence of the right of withdrawal and its exercise, displayed on the Site.
4.4 The obligation to communicate the list of customers and suppliers in case of invoicing, as provided for by the laws in force, requires customers to enter their VAT number and tax code in the appropriate fields on the Site.
Price of the Works
5.1 The Price of the Work will be generally published by the Seller in the Catalogue, while in some cases it will be communicated upon express request. Delivery charges will be indicated on the Site with a separate entry at the time of the Order summary.
5.2 The prices are expressed in Euro and are inclusive of the legal VAT.
5.3 The price guaranteed to the Purchaser will be the one published on the Site at the time the Order is placed.
5.4 The Seller will be entitled, among other things, to modify the prices in force at any time. Prices so modified shall apply to Orders placed by Buyer after their publication on the Site.
5.5 The Buyer who intends to proceed with the purchase of the Works must express such intention through the Site, in the dedicated section, where, following the procedures indicated therein, he will send his Order and make the relevant payment.
5.6 The payment of the Work is due at the time of the Order. The Buyer undertakes to pay the price of the Work (price of the Work and shipping costs) through the available payment methods.
5.7 If payment is not received, the Seller shall be entitled to cancel the Order.
Payment of the Works
6.1 Payment for the Work may be made by any of the following methods:
a) credit card
c) bank transfer
6.2 Alternatively, the Buyer may take advantage of a financing that can be activated by contacting the Seller directly to evaluate the various possibilities.
6.3 If payment is made by bank transfer, the Work will be shipped in the manner set forth in art. 9 – “Delivery of the Works”, to the address indicated by the Buyer, once the credit has been received. In this case, the payment must be made within 5 (five) calendar days from receipt of the Order Confirmation.
Characteristics of the Works
7.1 The characteristics of the Works will be reported in the descriptive cards associated to them in the Catalogue.
7.2 Although it is care and interest of the Seller to provide a photographic representation of the Works as faithful as possible to the Works themselves, such representation may in some cases not reproduce in a complete, exact or accurate way the Works (e.g. definition of the colors, visual aspect of the materials used, etc.).
Conformity of the Work and certificates
8.1 The Seller shall deliver to the Purchaser Works that conform to the characteristics illustrated online in the relevant descriptive sheets and to the sale contract, pursuant to art. 129 of the Consumer Code.
8.2 Each Work will be delivered with the relative certificate of authenticity and the certificate of provenance. In case the payment of the Work is not made in a lump sum, the Work and its certificates will be delivered at the moment of the balance of the entire purchase price.
Delivery of the Works
9.1 The delivery of the Work will be made by a courier appointed by the Seller to the address indicated by the Buyer in the Order, or, if this is not possible, to the nearest point reachable by the courier. Any specific requirements in relation to the place of delivery shall be communicated to the Seller at the time of the Order. The delivery is intended at street level.
9.2 The Works will be insured against the risk of damage and loss during transport operations. The cost of the insurance service is included in the delivery charges.
9.3 The Seller shall not be liable for delivery errors due to inaccuracies or incompleteness in the compilation of the Order by the Buyer.
9.4 The delivery time of the Work on the national territory is included indicatively between 5 (five) and 15 (fifteen) working days starting from the working day following the day in which the Seller will have received the payment. Up to 30 (thirty) working days abroad (European Union), depending on the Work and the destination. Seller will, in accordance with normal industry practice, use reasonable efforts to meet the above estimated delivery times.
9.5 In the event of non-delivery due to the absence of the addressee at the address indicated in the Order, the courier will leave a notice and make a second attempt; if the addressee is still absent, the Work will be returned to the Seller, who reserves the right to refund the price of the Work, shipping charges to be paid by the Buyer.
9.6 Pursuant to art. 61 of the Consumer Code, the Seller will carry out the Order within 30 (thirty) days starting from the day after the day in which the contract is concluded.
Right of Withdrawal
10.1 The Buyer will have the right to withdraw from the sale contract concluded with the Seller, without any penalty and without specifying the reason, within the term of 14 (fourteen) solar days starting from the day in which he received the Work.
10.2 The Buyer may exercise its right of withdrawal by sending to the Operative Headquarters
(i) of an express declaration in analogue or digital format (such as a registered letter or a message sent by e-mail);
(ii) the standard withdrawal form which can be downloaded from the following link WITHDRAWAL FORM (in accordance with Annex I, Part B, of the Consumer Code).
The communication relating to the exercise of withdrawal shall indicate (a) the Buyer’s personal details, (b) the Order number and the Work with reference to which the right of withdrawal is exercised, and (c) the date of receipt of the Work.
10.3 If Buyer elects to send notice of exercise of the right of withdrawal by email, Seller will promptly send confirmation of receipt thereof.
10.4 In order to comply with the withdrawal period, it will be sufficient for the Buyer to send the notice of withdrawal before the withdrawal period expires. The burden of proof regarding the exercise of the right of withdrawal shall lie with the Buyer.
10.5 The Buyer who has validly exercised the right of withdrawal will be required to return the Work to the Seller (at the Operative Headquarters), at its own risk, care and expense, within 14 calendar days from the date on which the Buyer will have communicated the exercise of the right of withdrawal (for the purposes of the expiration of the term, the goods will be deemed returned when it is delivered to the post office or shipper). The Buyer who will make use of the right of withdrawal will be required to return the Work intact and in its original packaging, including the relevant documentation. The references of the Order against which the right of withdrawal is exercised shall be indicated on the packaging and on the return documents. The Seller reserves the right to verify the integrity of the returned Work and to withhold from the refund any depreciation, also due to damage of the Work for causes other than transport.
10.6 The only expenses due by the Buyer for the exercise of the right of withdrawal will be those for the return of the goods to the Seller. Alternatively, if the Buyer expressly requests it at the time of the communication of the right of withdrawal, the Seller may organize the collection of the Works with its own couriers: in this case, the Buyer will make the Work available for collection in the place where it was delivered (within the 14 calendar days following the date of the communication of the right of withdrawal) and the Seller will be authorized to charge the Buyer for the cost of the relevant transport.
10.7 If the right of withdrawal has been exercised by the Purchaser in accordance with the provisions of this article, the Seller will refund the sums paid by the Purchaser, subject to the provisions of Articles 10.5 and 10.6 above.
Handling of Refund
11.1 Following the return of the Work, the Seller will carry out the necessary checks on its compliance with the conditions and terms set forth in these General Conditions. In the event that the checks are positive, the Seller will send to the Buyer (by e-mail) the relevant confirmation of acceptance of the Work thus returned. The Seller shall have the right not to accept the return of Works that have been altered and/or damaged.
11.2 The reimbursement will be paid by the Seller within 14 days from the date on which the latter will have become aware of the exercise of the right of withdrawal. The Seller may withhold the reimbursement until he has received the Works or until the Buyer has proven that he has returned them, whichever comes first, pursuant to art. 56 of the Consumer Code.
11.3 Sums shall be deemed reimbursed within the terms if they are actually returned, shipped or credited with value date not later than the expiration date of the relevant term.
Express resolutive clause
In case of non-payment, total or partial, of the purchase price of the Work, in the agreed ways and terms, the Seller reserves the right to terminate the sale contract, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, by sending a written notice to the Buyer’s address.
Customer service and how to file the contract
14.1 t will be possible to request any information from the Seller through the Customer Service, at the number +39 391 3680892 or at the e-mail address email@example.com
14.2 The Seller will take care of keeping a copy of the General Conditions in force at the time the Order and the Order Confirmation are sent. Should the Buyer find errors or inaccuracies in the data provided to the Seller, he shall promptly notify the Customer Service.
Applicable law and competent court
16.1 These General Conditions are governed by Italian law and, in particular, in relations with Consumers by Legislative Decree no. 206 of 6 September 2005, on the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
16.2 Any disputes relating to these General Conditions and/or to the relative relationship arising between the Seller and the Purchaser, are devolved to the jurisdiction of the Court of the place of residence or domicile of the Purchaser, if located in the Italian territory.