Conditions of sale
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General provisions These general conditions of sale (hereinafter also "CGV") govern the use of this website andreacolussoart.com and purchases of the items contained therein made by any natural person qualifying as a consumer (hereinafter the "Customer"). The Customer acknowledges that: - the name ANDREA COLUSSO ART is owned by Andrea Colusso with registered office in via del Fosso di Santo Spirito, 118 - 00135 - Rome (RM); ARTICLE 1 - Object and conclusion of the contract With these general conditions of sale, ANDREA COLUSSO ART sells to the Customer, who purchases remotely, the Products offered for sale on the andreacolussoart.com website (the “Site”). The contract is concluded exclusively through the internet, through the Customer's access to the andreacolussoart.com website, with the sending of a purchase order according to the procedure provided by the site itself and its acceptance by ANDREA COLUSSO ART. The purchase order sent by the Customer via the Site has the value of a contractual proposal and is governed by these general conditions of sale which the Customer himself is required to accept in full and without any reservations. To this end, the Customer, before proceeding with the conclusion of the order, undertakes to read these GCS and the pre-contractual information provided on the page. The sales contract is concluded with the sending by ANDREA COLUSSO ART to the Customer of an order confirmation email. The e-mail contains the Customer's data, the order number, the price of the goods purchased, shipping costs where applicable and the delivery address to which the goods will be sent. The Customer undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to ANDREA COLUSSO ART . In the order confirmation email, the Customer will also receive the link to download and archive a copy of these general conditions of sale, as required by the art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014. ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005 Before concluding the purchase contract, the Customer examines the characteristics of the goods which are illustrated in the individual product sheets at the time of choice by the Customer. Before the conclusion of the purchase contract and before sending the order, the Customer is informed regarding: 1. identification of the seller; ARTICLE 3 - Availability of products The availability of the products indicated on the site refers to the actual availability at the time the Customer places the order. This availability must however be considered indicative because, due to the simultaneous presence of multiple users on the Site, the Products could be sold to other Customers before the order is confirmed. Where the products covered by the order are not available for reasons beyond the control of ANDREA COLUSSO ART , the order will be automatically rectified with the elimination of the unavailable product. ARTICLE 4 - Prices All sales prices of the products indicated on the Site are expressed in local currency and include all taxes payable by the consumer. For all orders, both those delivered in Italian territory and those delivered outside Italian territory, shipping of the products is free. ARTICLE 5 - Payment methods ANDREA COLUSSO ART accepts various payment methods including, for example, credit card, debit card, PayPal and bank transfer. In case of payment by credit or debit card, the order amount will only be charged when the order is complete and ready for shipment. Communications relating to payment and the data communicated by the Customer when this is made take place on special protected lines. The security of payment by credit card is guaranteed through the SSL/TLS (Transport Layer Security) encrypted data transmission protocol. For each order placed on the Site, upon payment, ANDREA COLUSSO ART will issue a receipt for the goods shipped. This document will be sent to the Customer via e-mail. ARTICLE 6 - Right of withdrawal In accordance with the provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products. The Customer who intends to exercise the right of withdrawal must communicate this via an explicit declaration by completing the Return form downloadable here, drawn up in accordance with Annex I, part B of Legislative Decree 21/2014. In case of exercising the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to the seller his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be returned to ANDREA COLUSSO ART , returned intact, in their original packaging, complete in all their parts (including packaging material, documentation and accessory equipment) and complete with the attached tax documentation. The management of the return shipment of the products will be the responsibility of ANDREA COLUSSO ART , who will book the collection of the goods from the customer's home. Once the integrity of the returned work has been verified, ANDREA COLUSSO ART will refund the amount of the products subject to the withdrawal within a maximum period of 14 days. The Customer is responsible for the decrease in the value of the goods resulting from handling other than that strictly necessary to establish the nature and characteristics of the goods. Therefore, if the returned Products are damaged, the Customer will be liable for the decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. As required by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, ANDREA COLUSSO ART may suspend the reimbursement until receipt of the goods or until the Customer demonstrates that he has sent the goods back to the seller. ANDREA COLUSSO ART will carry out the refund using the same payment method chosen by the Customer during the purchase phase. ARTICLE 7 – Damaged works In the event that the products received are defective, please contact ANDREA COLUSSO ART as soon as possible, attaching the photographs necessary to highlight the damaged parts. We invite you to carefully check for any damage on the package at the time of delivery and ask the recipient to sign the transport document with the words "subject to reservation", specifying the details and extent of the damage found on the packaging. If the work is damaged, it is possible to send it back. ANDREA COLUSSO ART will examine it and where possible its professional restorers will restore it appropriately, at no additional cost to the Customer. Please take note that if more than a week has passed since receipt of the work, complaints relating to damage to the products will not be accepted. ARTICLE 8 - Legal guarantee of conformity Pursuant to and for the purposes of the European Directive 44/99/EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from design and material defects as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer . ARTICLE 9 - Responsibility ANDREA COLUSSO ART assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the times set out in these GCS. Both in the case of exercising the right of withdrawal and in the case of exercising the right to guarantee conformity, in the event that the goods cannot be accepted by the seller because they do not have the requisites required to exercise the rights referred to in the articles 6 and 7 above, it is the Customer's burden and responsibility to recover the goods returned to his availability at his own expense. The Customer acknowledges and unconditionally accepts that ANDREA COLUSSO ART , after 30 days from the communication of the making available to the Customer, can proceed with the disposal in accordance with the law of the goods not collected by the Customer. ARTICLE 10 – Final clauses The Products are sold with the characteristics described on the Site and according to the GCS published on the Site at the time the order is sent by the Customer, to the exclusion of any other condition or term. ANDREA COLUSSO ART reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply solely to sales concluded from that date. The prices, the Products on sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order, the Consumer is invited to check the final sales price. These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect. ARTICLE 11 - Applicable law and competent court These General Conditions of Sale are subject to Italian law. In any case, any rights attributed to consumers by mandatory provisions of law in force in the latter's State will be without prejudice. Any dispute that cannot find an amicable solution will be subject to the non-exclusive jurisdiction of the Court of [[CITY OF REGISTERED OFFICE]]. Furthermore, as a consumer, the Customer also has the right to appeal to the courts of the European Union Member State of residence or domicile. |