Terms and Conditions
- Contract Finalization
- Product Prices and Payment
- Delivery of Products
- Product characteristics and seller's warranty
- Right of withdrawal Return of the products
- Viewing the website
- Processing of personal data
- Complaints, disputes and jurisdiction
1.1. For the purposes of these General Sales Conditions on the website and in addition to other definitions contained herein, the following terms will have the meanings given below.
1.2. "General Conditions", "General Sales Conditions": the sales conditions that can be applied to Product sales by the Seller to the Customer through the website.
1.3. "Seller" is the company Artcrafts International S.p.A., the seller of the Products. The Seller is Artcrafts International S.p.A. with registered office in via Datini 44, 50126 Firenze (Italy), VAT no and Tax ID IT04165990484, REA no. 423313 at the Florence Chamber of Commerce, telephone +39 055 6818999, fax +39 055 680372, email: firstname.lastname@example.org
1.4. "Products": for the purposes of these General Conditions are all of those products sold by the Seller and illustrated on the website.
1.5. "Customer": is the purchaser of Products who falls under the "consumer" category according to Art. 18 LD, 6 September, 2005, no. 206 ("Consumer Code").
1.6. "Website", "Site": the set of web pages that can be consulted at www.colorsofcalifornia.it
1.7. "Contract", "Sales Contract": the long distance contract finalized between the Customer and Seller through telecommunications and that includes these General Conditions and whose purpose is the sale of Products by the Seller to the Customer through the Website.
2. FINALIZING THE CONTRACT
2.1. The valid performance of the purchase order on the Website requires the Customer to have an email address and the requirements established by law to be able to enter into valid purchase contracts.
2.2. All Contracts are only finalized through the Customer’s access to the Website. The Customer follows the procedures indicated on the Website and is guided through the various steps to finalize the purchase contract for the chosen product.
2.3. The Website page for sending purchase orders contains a link to the General Sales Conditions and the information on the main characteristics of each product ordered and its price (including taxes in countries belonging to the European Union), the type of payment used to purchase, the shipping conditions for the products, the amount required for delivery and transport as well as the terms and conditions for returning Products purchased through the Website. The Product illustrations and price indications are only an invitation to send a purchase order.
2.4. The Seller has the right to not accept the purchase order: (a) from individuals who do not fit in the Consumer category as indicated in point 1.5 of these General Conditions; (b) that are not completely, correctly and truthfully compiled; (c) from individuals who do not provide a guarantee of solvency; (d) for Products to be delivered to Countries where there is no set shipping service. The Seller reserves the right to request the Customer to send documentation proving the truthfulness of the information given by the Customer and to make acceptance of the purchase order subject to the positive examination of the documentation. The Products are available and can be purchased as long as they are still visible on the Website and until sold out; the Seller reserves the right to not accept purchase orders whenever the Products may be unavailable for any reason and even only temporarily. The Seller will inform the Customer via email that the purchase order was not accepted.
2.5. All purchase orders sent to the Seller must be thoroughly completed. The Seller has the right to not accept incomplete orders. Before proceeding with sending the order, the following will be suggested to the Customer: (a) to re-read the purchase order and make any corrections according to the instructions; (b) to read the General Conditions and Informational Note on the right to withdrawal and to print and save a copy for personal use; (c) to comply with clause 8 of these General Conditions and in the Privacy section. Once the purchase order is sent, the provisions set forth in letters "a" through "C" in this point are considered to be correct, fully understood and accepted.
2.6. The Seller will acknowledge receipt of each purchase order via email to the address indicated by the Customer. The purchase order counts as a proposed Customer contract expressed online. The Seller's order confirmation sent to the Customer at the email address provided confirms the purchase order data and counts as acceptance of the contract proposal. The Contract is considered to be finalized and binding for both parties when the purchase order confirmation is sent to the Customer. When the Contract is finalized, the purchase order will be processed as soon as possible. The purchase order will be logged in the Seller's database and the Customer can check it at any time by accessing his individual Account.
2.7. Unless otherwise established in the General Conditions, each order is agreed upon to have divisible, distinct sales performance for several economic units for the number of Products ordered. Therefore, when sending purchase orders for several Products, the Customer agrees that these orders may be only partially accepted by the Seller (due to the lack of availability of some Products or for another justifiable reason), with the Customer being bound to the purchase and payment of the Products related to the orders performed. Partial execution of the orders by the Seller cannot therefore be refused by the Customer and, except for the right of withdrawal, shall not give the Customer the right to revoke the order.
3. PRODUCT PRICES AND PAYMENT
3.1. Except where otherwise indicated, all Product sales prices on the Website include VAT and any other current tax in countries belonging to the European Union.
3.2. The prices indicated on the Website cancel and replace the previous ones from time to time. The price of the Products for the Customer will be the one indicated in the Website at the time the purchase order is sent.
3.3. Products can be paid for using the method chosen by the Customer from among those enabled by the Seller on the Website. Payments made by credit card or with other electronic forms go through a direct protected connection with the "online" banking Institute and payment service with which the Seller has an agreement or through an international payment network (such as: PayPal). The Seller does not come in possession of the Customer's credit card data and cannot be held responsible for any fraudulent use of it.
3.4. The purchase price for the Products and the delivery costs will be charged by the Seller to the Customer at the time the purchase order is accepted unless payment is made on delivery, where permitted. When the amount due cannot be charged for whatever reason, the sales process will be automatically cancelled, the sale will be terminated and any money already charged to the customer for the sales price will be reimbursed. The Customer will be informed via email. The tax documentation (invoice) will be issued by the Seller based on the data related to the user code performed at the time of registration on the website.
4. DELIVERY OF PRODUCTS
4.1. Shipment of the products is dependent upon payment from the Customer unless payment is being made on delivery where permitted. Purchase orders that are accepted will be shipped and delivered through the courier and/or shipper chosen by the Seller. Shipping costs are the Customer's responsibility.
4.2. The customer can consult the shipping and product delivery methods on the "Shipping" page on the website. The contents of the "Shipping" page is an integral and substantial part of these General Conditions and is considered to be understood and accepted by the Customer at the time the order form is sent.
4.3. Products will be delivered according to the Consumer Code within a maximum of 30 business days from the day after which the Seller accepted the purchase order for the Products or, if later, the day in which the Seller received payment for the Products.
4.4. All products are delivered with a label and/or identification plate attached with the seal. If this label and/or identification plate was removed or altered, the product cannot be returned according to these General Conditions.
5. PRODUCT CHARACTERISTICS AND SELLER'S WARRANTY
5.1. The primary characteristics of the Products are indicated on the web page dedicated to them on the Website. The products offered for sale on the Website may not correspond exactly to the photos and colours of the actual Product due to the browser or type of monitor used. The images are simply an example. The technical characteristics of the Products along with any certifications and safety declarations are indicated on the label or on the packaging or in the use instructions for the Products themselves.
All Products respect the standards and are certified as set forth in the standards of the European Union. The Seller shall not be responsible for any dissimilarity to standards in Countries that do not belong to the European Union and/or lack of certification of the Products in those Countries.
5.2. All products are covered by warranty for conformity defects with a duration of no less than 24 (twenty-four) months as set forth in Title III, Chapter I of the Consumer Code (Art. 128 and following). This warranty is offered only in the territory of the European Union ("LEGAL warranty of conformity for consumer goods). The warranty applies to the Product that has a conformity defect and under the condition that the Product was used correctly according to its intended use and as set forth in the technical documentation or instructions attached to it. This warranty is only offered to the customer as set forth in point 1.5 of the General Conditions.
5.3. If a Product has a conformity defect that was reported in a timely manner, the Seller shall make restitution at its own expense through repair and/or replacement or price reduction, subject to possible termination of the contract if necessary. The product purchase receipt is required for assistance under warranty. The Seller reserves the right to replace the nonconforming Product with a product having the same or superior characteristics, or to cancel the sales contract, reimbursing the entire amount paid and any further expenses when, for whatever reason, a Product under warranty cannot be repaired or replaced.
5.4. If the product must be returned in order to take advantage of the warranty, the product must be returned in its original packaging, in all parts (including any packing, documentation, and accessories) and undamaged.
6. RIGHT OF WITHDRAWAL, PRODUCT RETURNS
6.1. The Customer fitting the definition set forth in point 1.5 of the General Conditions has the right to withdraw from the Contract with no penalty and without specifying the reason within 14 business days of the date in which the merchandise was received.
6.2. Transport costs for returning merchandise are the Customer's responsibility. The merchandise must be returned to the Seller at the following address: ARTCRAFTS INTERNATIONAL SPA c/o LTC Via dei Gonfienti 4/17 59100 Prato, Italy.
Any risks associated with transport of products being returned are the Customer's responsibility.
6.3.The right to withdraw can only be exercised by the customer for Products: (a) returned in the original packaging, including all of its parts (internal and external packing and any documentation and accessories) and undamaged (b) whole and including all accessories, never used, unaltered and undamaged and in the same condition in which it was received by the Customer. In case of damage to the packaging or package the Customer has the obligation, under penalty of forfeiture of the right to return the products, to indicate it to the courier and/or shipper upon return of the Products.
6.4. Return of Products after withdrawal, as set forth in the previous points, is only permitted if expressly authorized by the Seller according to the procedure set forth in this clause. Except as stated in paragraph 6.3. in order to return the Products the Customer must comply with the following instructions: (a) fully and correctly complete and electronically send the return form found in the Account section of the Website, following the instructions, within 14 business days of the date in which the merchandise was received. Or, the Customer may communicate the exercising of the right to withdraw within 14 days: (i) via registered, return receipt letter addressed to the Seller; or (iii) via fax to +39 055 680372 or email to email@example.com
(b) return the Products purchased in a single order through a single shipment. The Seller will not accept the return of products sold on a single order that the Customer returned separately. (c) deliver Products to be returned to the courier within 14 working days of the date when the Customer received them.
6.5. The customer is entitled to a refund of the purchase price for returning products for which the Customer has exercised the right of withdrawal according to the requirements dictated by the law and these General Conditions. If returns are not unauthorized and/or not accepted by the Seller because they do not comply with the conditions, the Customer will be informed and can choose to ask for shipment of the Products at his own expense.
6.6. After the Seller has received the returned Products and confirmed their conformity and the exercising of the withdraw as provided for by law and the General Conditions, the Seller will send an email to the Customer confirming that the return was accepted and will reimburse the Customer for the price of the returned Products net the shipping costs, if at the Customer's expense.
6.7. If the Products were paid for: (a) with a credit card or prepaid card, the amount to be reimbursed will be credited to the same card the Customer used to make the purchase; (b) via PayPal, the amount to be reimbursed to the same PayPal account the Customer used to make the purchase; (c) COD, the amount to be reimbursed will be credited to the current account that the Customer indicated in the return form.
6.8. The time needed for reimbursement of the price paid to purchase the Product that was returned depends on the correctness of the data provided to the Seller and the banking institutions that take care of the operations. The Customer is notified and accepts that no more than30 days pass from the date the Seller received the Products to be returned and has verified that the withdrawal and Products are compliant with the conditions before the reimbursement will be credited.
7. VIEWING THE WEBSITE
7.1. The Seller reserves the right to suspend visibility of the Website in whole or in part, when related to its efficiency and safety. In these cases, where possible and uncomplicated, except in particularly urgent cases, the Seller will notify the Customer via email.
8. PROCESSING OF PERSONAL DATA
8.1. The personal data communicated to the Seller by the Customer when purchasing Products are collected and processed by the Seller for the following purposes: (i) register the Customer and activate Contract execution procedures; (ii) send news about the Products and Website to the Customer; (iii) conduct market research; and (iv) to provide the Customer with information regarding the previous points. The Customer's personal data will only be communicated to third parties in order to complete the activities necessary to execute the Contract.
8.2. The Seller has the right to ask the Customer for a copy of the document the Seller considers necessary for any verifications regarding the valid and efficient execution of the Contract and as an essential condition for its finalization.
8.3. Not providing the Seller with personal data and the documents requested will lead to the non-acceptance of the purchase order or, depending on the case, the resolution of the Contract by the Seller.
8.4. The Customer has the right to be informed about the processing of his personal data, the right to correction and/or deletion and the right to be informed that the corrections and deletions were performed, as mentioned along with the application of the standards on Privacy.
9. COMPLAINTS, DISPUTES AND JURISDICTION
9.1. The Customers can also send claims addressed to the Registered Office and/or the fax number indicated in point 1.3 or via email to the following address: firstname.lastname@example.org
9.2. Any dispute regarding the application, execution, interpretation and violation of the Contract is subject exclusively to Italian law.
9.3. Where not otherwise set forth in the General Conditions, the Seller has the right to modify the General Conditions at any time. The General Conditions that are valid for each Product purchase order will be those in force at the time the order was sent. Except in the case of overriding mandatory provisions, the Contract and any relationship with the Seller are also governed exclusively by Italian law, with particular reference to Legislative Decree 185 from 1999 and Legislative Decree 206 from 2005.
9.4. By sending the purchase order for Products via the Website, the Customer wholly accepts clauses 8.1, 9.2 and 9.3.