Terms of service

DISCLAIMER: Please be advised that this document is a literal translation of the original one that is written in Italian; in case of any difference between the two versions (Italian and English), the Italian version prevails over the English one.

GENERAL PROVISIONS

Art. 1. Definitions, terms and conditions
In this contract the terms below are intended as follows:

• “Supplier”: the handcraft company Dei Rossi Stefania , headquartered in Trieste (TS), Piazza Benco n. 4, fiscal code and registration number of the register of Venezia Giulia companies DRSSFN91P65L424Z
• “Products”: are the goods produced by the handcraft company;
• “Final customer”: the subject, including the firm, that purchases the products for direct use
• “Retail customer” : the firm purchasing products to sell them to final clients
• “Customer”: indicates together the final clients and the retail customers as a unit;
• “Contract”: indicates these General Sales Conditions, the sales contract, the documents annexed to the contract and the recalled acts that overall compose the regulation of the relation between the parties.

Terms and conditions stated below as “General Sales Conditions” compose the integral part of the supply contracts concluded between Supplier and Customer; they shall apply to all transactions between Supplier and Customer without necessity of an express recall to the Conditions or a specific agreement at the conclusion of every single transaction. Any different term or condition shall be applied only if confirmed in writing by the Supplier.
The present General Sales Conditions are regulated by the Consumer Code (D. Lgs. n. 206/2005 e s.m.i.) and by the e-trade rules (D. Lgs. n. 70/2003 e s.m.i.) and shall only apply to remote sales via web of the Products identified and listed in this website and to all agreements concluded between Supplier and Customer in relation to the Products.
The Supplier reserves the right to modify, integrate or vary the General Sales Conditions, by attaching the variations to the offers or to any written correspondence sent to the Customer. In the event of variations the General Sales Conditions in force at the time of the Customer order’s dispatch will be applied.

SUBJECT, CONCLUSION AND CONTRACT DURATION

Art. 2. Subject
Subject of the sale are pencil and imitation of gold leaf drawings on paper; it is the responsibility of the Supplier to report the possible use of pure gold leaf. Frames decorated with the same techniques can also be sold. Products are handcrafted by the Supplier, they can be composed of standard model pieces or of models resulting from specific Customer requests or from the Supplier personal inspiration. In any case, the Supplier reserves the right to create all alike multiple Products, save that, as handcrafted production, Products will never be perfectly identical to each other, or to the standard model.

Art. 3. Conclusion of the contract
Products can be sold to the final Customer, either directly or via selected Retailers; the final Client will not be able to purchase the Products in order to resell them to third parties. The direct request of the Customer must be done via the Supplier website; the contract will be effective and valid from the date of acceptance that will effectively occur only after the Supplier has had the bank account payment confirmation. The acceptance shall not be executed in case of absent, incomplete or untrue submission of the Client personal data. The Supplier reserves the right, in any case and at its discretion, not to accept the received order, in this last case the price paid will be reimbursed. Requests not made via website will not be accepted; the contacts of Retail Customers, wherever they exist, will be available on the website.

Art. 4. Implementing rules of the sale
The final Products ownership will be transferred to the Client at the delivery or shipping of the goods. Risks of damage or accidental loss of the goods will be transferred to the Customer at the delivery or at the shipping; in no case the Supplier is liable for goods after the risk transfer. Delivery times indicated on the website are to be considered purely approximate.

SALES PRICES

Art. 5. Prices and terms of sale
The contract price of the Products is the price indicated on the website by the Supplier at the moment of the Customer request. All the prices are intended ExWorks from the Supplier, net of VAT or any sale tax and not include shipping and packing costs.

PRODUCTS DELIVERY

Art. 6. Delivery terms
The delivery or shipping of the Products shall take place within 30 days from the order acceptance; because of the handcrafted qualities of the production, in case of several orders the Supplier reserves the right to send partial deliveries. Any responsibility for the delivery in the case of force majeure or other unpredictable events not attributable to the Supplier, including, without any limitation, government act or regulation, strikes, lockouts, exportation or importation blocks, taking in consideration their length and range , relieves the Supplier from the obligation to respect any agreements on the delivery deadline.

Art. 7. Right of withdrawal
The Final customer, as “consumer” in accordance to art. 3 of the Consumer Code , can withdraw from the purchase within 14 days after delivery. After notifying the intention of returning the goods, the Customer has two weeks to send back the items to the Supplier, bearing the direct cost of returning the goods . The return of the goods must be within 14 days after the notification of withdrawal in accordance to art. 52 of the Consumer Code.

Art. 8. Reimbursement
In case the Customer exercises the right of withdrawal and sends back the goods, the Supplier has to reimburse the price paid, except the diminished value of the goods for damages or if the products have been handled in a manner other than that necessary for ascertaining their nature, their characteristics and how they function.

WARRANTIES

Art.9. Warranty
The Supplier guarantees that the Products are free from defects and made according to the rules of art.
The Products are intended for indoor use; can deteriorate if exposed to the open air or in case of contact with water or other liquids. For ensuring a better conservation of the artwork, it is recommended to keep the drawing under a glass frame.

The Supplier offers a Warranty called “Try to hang it“.

This warranty is applicable only to the products of the “Prints” collection, and to the products of the Collection of drawings named “Animals on Pedestal” purchased through the official website of the Supplier.
The application of this warranty is limited to a single complaint / use per Customer, regardless of the number of products purchased.
The Customer must return the Product within 15 consecutive days from the delivery date.
The Customer must contact the Supplier within the aforementioned 15 days and must inform him of the desire to proceed with the return of the Product.
The Customer must take all the necessary precautions, taking care to pack the Product so that it cannot be damaged during transport;
the Customer must also use the packaging in which the Product was shipped by the Supplier.
The Supplier will bear the costs related to the return of the Product.
The Supplier will return the entire amount spent by the Customer after checking the conditions of the Product.
If the Product is returned damaged to the Supplier or, otherwise, in conditions different from those in which it was sent to the Customer, the Supplier will have full right not to return the amount spent by the Customer, or to partially refund it.
Once the Product will be returned, its conditions will be estimated at the unquestionable judgment of the Supplier who will decide if and in which percentage he will refund the amount spent by the Customer; however the Supplier will not fail to provide the Customer with elements to prove the damage and/or difforming conditions of the product.

SECURITY AND PRIVACY

Art. 10. Information and request for consent to the processing of personal data
Each party of the present contract declares to be aware of the provisions of UE/2016/679 General Data Protection Regulation (GDPR) through the privacy policy attached to the contract of sale.

Art. 11. Privacy
The parties shall agree to maintain the confidentiality of data and information (including the ones via processing and transfer of data devices) they receive or gain knowledge of. The parties shall agree not to disclose data and information in any way or any form and not use them for any reason or for any purpose other than for what is strictly necessary for the execution of the present contract. The parties are responsible for the precise compliance of the above mentioned obligations of secrecy by their employees, consultants, collaborators, and sub-contractors and their employees and consultants.

FINAL PROVISIONS

Art. 12. Limitation of liability
The Supplier shall do everything possible to deliver the Products within the eventually agreed time-frame, but in no way the Supplier is to be held responsible of damages caused directly or indirectly by the delayed execution of the contract or the delayed delivery of the Products. The Supplier assumes no responsibility for mistakes or omissions contained in her price list or promotional material.

Art. 13. Applicable law
The present contract is regulated by the Italian law. Although not expressly requested reference is made to the provisions of the Civil Code and other applicable laws.

Art. 14. Competent court
Any disputes between the parties for interpretation, validity or execution of these General Sales Conditions and the executed contracts shall be submitted to the exclusive jurisdiction of the Court of Trieste. Both parties agree that the Supplier only, at its discretion, shall have the right to waive the jurisdiction of the above mentioned exclusive Court for bringing proceedings against the Customer at its residence and at its court of competent jurisdiction.

Art. 15. Final dispositions
The invalidity in all or in part of certain provisions of these General Sales Conditions shall not invalidate the remaining conditions.
________________ the ________________.
The Supplier
Stefania Dei Rossi
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The Customer
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