INTRODUCTION. USE OF THE WEBSITE
The access, the use of the www.arte-facta.it (“Website”), as well as the sales of products of Arte Facta are regulated by these general conditions of use and sales (“Conditions of use”). The access and use of the website as well as the purchase of the products of Arte Facta, assume the reading, knowledge and acceptance of these Conditions of use. This website is managed and maintained by Arte Facta of Ilaria Anna Maria Quotta (“Arte Facta“), owner of the trademark Arte Facta, with registered office in Italy, Via Mecenate, 84 – 20138 Milan, VAT No. 03702260716.
For any request of assistance, you can write to the address: email@example.com.
The access and use of the Website, including display of web pages, communication with Arte Facta, the possibility to download information on products and purchase them through the website, are activities carried out by our users exclusively for personal uses having nothing to do with business, entrepreneurial and professional activities. Remember that you will be the only person responsible to use the Website and its content. Indeed, Arte Facta cannot be considered responsible of a use non-compliant with the legal rules in force, of the Website and its content by the users, except for the responsibility of Arte Facta due to wilful misconduct and gross negligence. In particular, you will be the only responsible to communicate incorrect, false data and information, or concerning third parties, without the latter have expressed their consent, as well as in consideration of an incorrect use of them.
Arte Facta declines all responsibilities for possible damages arising from the unreachability of services of the Website or possible damages caused by viruses, damaged files, errors, omissions, interruption of the service, cancellation of contents, problems due to network, providers or telephone and/or online connections, unauthorized accesses, alteration of data, failed and/or flawed functioning of electronic equipment of the user.
The user is responsible of the custody and correct use of his/her personal information, therein included details allowing access to reserved services, as well as any damaging consequence or damage that shall be due to Arte Facta or rather third parties after an incorrect use, loss, subtraction of said information.
This introduction is integral and substantial part of the Conditions of use.
1.1 The offer and sales of products in the Website are regulated by these Conditions of use, prepared in compliance with the prospects contained in Chapter I of Title III, Italian Leg. Decree 6th September 2005 no. 206 as amended by the Italian Leg. Decree 21st February 2014 no. 21 (so-called “Italian Consumers’ Code”).
1.2 The agreement between Arte Facta and the Client (namely the individual, natural person, who purchases in the Website, not referable to his/her business, entrepreneurial or professional activity) shall be considered concluded with the acceptance, even only partially, of the order by Arte Facta. In case of failure to accept the order, Arte Facta will promptly inform the Client about it.
1.3 By carrying out an order in various procedures envisaged, according to the order form present in the Website (hereafter “Order”), the Client declares to have acknowledged all the indications provided to him/her during the purchasing procedure and to accept completely these Conditions of use.
1.4 These Conditions of use can be printed or saved on durable medium, in compliance with the provisions of art. 12 of the Italian Leg. Decree 70/2003 and of art. 51 of the Italian Consumers’ Code.
2. BUYING PATTERNS
2.1 The products offered on sale by Arte Facta are only those present in the Website at the moment of Order execution, so as described in the relevant fact sheets. It is anyhow understood that the images supplied with the fact sheet of a product have mere information purposes and could not represent perfectly its characteristics and have different colour and sizes, including due to browser and devices used to access the Website and images display.
2.2 In order to carry out an Order the Client shall complete in each part the form present in the Website and send it after examining carefully the Conditions of use, as well as the characteristics of the product and/or products that wants to purchase. The Client shall also require to Arte Facta, whether desires it, the issuance of the invoice related to the purchase, pursuant to art. 22 Italian Pr. Decree no. 633/1972.
2.3 The correct reception of the Order is confirmed by Arte Facta through an e-mail sent to the e-mail address communicated by the Client. Said confirmation message will specify synthetically the conditions of purchase, as provided for by the applicable legislation, as well as data inserted in the Order, in order that you can verify them and possibly communicate without undue delay the necessary corrections of wrong data.
3. PRICES AND PAYMENT METHOD
3.1 The prices specified in the website shall be considered as tax and VAT inclusive. Possible shipping costs or payment costs are anyhow communicated in advance to the Client through the Website or these Conditions of use.
3.2 It is possible to complete the Order by paying as follows: :
- Credit cardIn case you choose Credit Card as payment method for the goods purchased, the transaction can occur through the secure server Paypal or other secure server elected by Arte Facta. In no case and in no phase of payment Arte Facta will be able to know the information concerning the credit card of the Client, sent through secure connection directly to the website of the banking institution managing the transaction. No database of Arte Facta will conserve said data and therefore in no case Arte Facta can be deemed responsible for possible fraudulent and improper use of credit cards by third parties upon payment
- PayPalFor the payment the client can use the Paypal circuit according to its specific methods
- Cash on delivery (only for Italy)In case of cash on delivery payment, exclusively for Italy, the payment shall be made only cash on delivery of products purchased. The cash on delivery payment entails a further cost of Euros 5,00 (five/00) at the expense of the Client for operating and collection costs. The cash on delivery payment can be made only for purchases of amount lower than Euros 1.000,00 (thousand/00) and only for the Italian territory.
- Wire transfer
- In case of payment through wire transfer, the banking details for the payment will be displayed. The bank charges are at the expense of the Client. The shipment of goods will occur only at the actual reception of payment at the banking institution of Arte Facta, please send copy of the payment with M.T.C.N. number at the address firstname.lastname@example.org within 48 hours of reception of order confirmation under penalty of cancellation of the order.
Account in the name of: Arte Facta
IBAN: IT37 R 05262 15700 CC0091253859
4. DELIVERY OF PRODUCTS AND RELEVANT EXPENSES
4.1 The products purchased will be delivered at the address specified by the client in the Order within 72 hours, after 48 hours of the date of registration of the Order by Arte Facta, according to the following fees:
– for Italy, free shipping,
– for other countries of the European Union, the cost is euros 15,00,
– for the rest of the World, the cost is euros 35,00.
Costs are indicated specifically in the Website before shipping the Order and therefore they will be accepted by the Client. Arte Facta reserves the right to accept or not deliveries requested out of the Italian or European borders. Anyhow, for deliveries to be made out of the Italian borders, the shipping costs and delivery times could change.
4.2 With reference to deliveries requested in non-EU countries, possible import customs duties shall be paid by the recipient. Therefore we invite the Client to contact in advance the customs authorities of his/her country to verify costs and possible import limits.
4.3 The delivery times specified by Arte Facta shall be considered as merely approximate (since they depend on the courier activity) and any delay, or rather possible delivery made with following divided shipments do not authorize the Client to refuse said delivery and ask for reimbursements or compensations.
On delivery of products, the Client shall control:
- i. that the number of packs delivered corresponds to the indications in the transport document;
- ii. that the packing is intact, neither damaged, nor wet or anyway altered, including in closure materials (adhesive tape or steel strips);
- iii. that the packing or the product are not damaged or rather that the number of packs does not correspond to that specified by Arte Facta. Said information shall be immediately reported, by affixing a specific indication in the delivery note to be redelivered to the courier.
4.4 Possible problems concerning physical integrity, correspondence or completeness of products received shall be reported within 7 days of the delivery, according to the procedures provided for by this document and anyhow according to the procedures provided for by the applicable legislation.
4.5 As soon as the order is confirmed, the Client will receive an e-mail specifying the id number useful for the traceability of shipment at the courier.
4.6 The compliance guarantee is applied in terms as provided by the Title III of the Italian Consumers’ Code. In order to make use of the assistance, the Client shall conserve the invoice, or rather the payment receipt, along with the delivery note.
5. RIGHT OF WITHDRAWAL
Pursuant to art. 52 of the Italian Consumers’ Code, the Client can terminate the Conditions of use and therefore the purchase agreement for any reason (and anyhow without needing to specify the reasons) and without any penalty, within 14 (fourteen) working days of the date of reception of products.
In order to exercise the right of withdrawal referred to in article 5.1 above, the Client shall send to Arte Facta a notification in that behalf, within the terms specified, at the following email address email@example.com or rather use the appropriate form present in the Website.
In case of withdrawal the client shall return the products to our warehouses within 14 (fourteen) days of withdrawal, to the following address:
Arte Facta – via Mecenate 84/8 20138 Milano
The goods shall be returned intact, complete of all their parts and in the original packings (envelopes and packages), stored and possibly used for the absolutely necessary time to set and verify nature, characteristics and size, according to the due diligence, without signs of wear or dirty, in compliance with the conditions specified below:
- the right of withdrawal will be applied to the product purchased in its entirety; indeed, it is not possible to exercise the withdrawal only for part of the product purchased (by way of an example: closures, laces, clasps, etc.);
- the product shall be intact and returned in its original package, complete in all its parts (including packing and possible documentation and accessory equipment: labels, tags, seals, etc.). Arte Facta invites to try the products without removing tags and related seal because, as above specified, the presence of both of them in the product returned represents one of the essential requirement in order that the right of withdrawal can be legitimately exercised;
- the shipment, until the reception occurred in the warehouse specified by Arte Facta, is under total responsibility of the Client;
- in case of damage of the asset during transport, Arte Facta will inform the Client, to allow him/her to carry out suitable objection against the courier chosen by him/her and obtain a reimbursement; then the product will be available for the Client, by annulling concurrently the request of withdrawal;
- Arte Facta will not be held liable in any way for damage, theft, loss occurred during or anyway under shipment for return.
Arte Facta will refund the Client with the whole amount paid net of possible additional shipping costs pursuant to art. 56, paragraph 2 of the Italian Consumers’ Code, within 14 (fourteen) days of withdrawal, through procedure of cancelled payment of the amount charged, by using the same payment method used by the Client for the initial transaction, unless otherwise agreed. Anyway the Client will not bear any cost as consequence of said reimbursement, except for return expenses in case he/she did not make use of the standard procedure specified or rather in case the return is not from Italy. Arte Facta can suspend the reimbursement until reception of the product returned or rather until the moment when the Client demonstrates to have correctly sent the product, whether previous.
Anyhow, the Client will lose his/her right of withdrawal in case Arte Facta ascertains that:
- the product returned and/or its accessories, and/or its package are not intact;
- the product has not its external package and/or original internal packing;
- the product has not elements integrating it and/or accessories (by way of an example: closures, laces, clasps, etc.);
- the product has not its one-time seal.
In case of loss of right of withdrawal, Arte Facta will return the product purchased to the sender, by charging to him/her the shipping costs and, whether already refunded, the price of the product.
The time to credit the reimbursement varies depending on the time frame outlined by the bank circuit used. The reimbursements are issued in the same currency of the original purchase. Possible difference due to exchange fluctuation cannot be refunded.
The return of orders by the client shall occur only through the courier that delivered the order
6. COMPLAINTS AND REQUEST OF INFORMATION
Any possible complaint or request of information can be addressed to the following email address firstname.lastname@example.org.
7. PERSONAL DATA PROCESSING
8. APPLICABLE LAW
The use of the Website and the sales agreement referred to in these Conditions of use and related implementation is regulated by the Italian Law, with non-application of conflict rules and United Nations Convention for the International Sales of Goods. For the solution of related litigations the Court of the place of residence of the Client shall have jurisdiction.
9. INTELLECTUAL PROPERTY RIGHTS
Trademarks, logos and other distinguishing marks present in the Website belong to Arte Facta, or rather to the respective owners. The use of trademarks, logos and other distinguishing marks including reproduction on other internet websites by unauthorized third parties is forbidden. The contents of the Website, by way of an example, works, images, pictures, texts, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, posted in the Website, including menus, web pages, graphics, colours, schemes, tools, types and design of the website, diagrams, layouts, methods, processes, functions and software belonging to the Website are protected by copyright and/or any other intellectual property right of Arte Facta and other holders of rights. The total or partial reproduction, in any form, of the Website, its contents, without the express consent in writing of Arte Facta or respective holders is forbidden.
Every notification between the parties shall be in writing and sent to the address of the other party specified in the agreement and in the Order. Also the notifications sent to the email address of the other party, specified in the website and in the order, are considered in writing.
The notifications concerning validity or existence of this agreement shall be exclusively delivered by hand or through Registered Letter with Acknowledgement of Receipt.
11. LANGUAGE OF THE AGREEMENT
These Conditions of use are drafted in Italian and English. In the event of discrepancies between the versions, the Italian text shall prevail.
12. AMENDMENT AND UPDATE
The Conditions of use are amended from time to time also in consideration of possible regulatory amendments. The new Conditions of use will be effective as of the date of publication in the Website