CONDITIONS AND TERMS
Studio Artnuances Ltd (“the Studio”) acts as an intermediary between Sellers (artists, collectors, and other interested parties) and Buyers for commercial transactions involving works of art through the website www.artnuances.com. The relationships between the Studio and potential Sellers and Buyers are and must be regulated by the following conditions, conditions that will be assumed to be known and accepted from the first access to the above site. Sales made via the site between Buyers and Sellers are governed by the General Terms and Conditions (hereinafter the “GTC”), which must also be accepted by the Buyer on each purchase. The acceptance of these general conditions presupposes on the part of the Buyers that they have the necessary legal capacity for this, that, if they are incapable, they have the authorization of a tutor or a curator, their legal representative if they are minors, or they hold a mandate if they act on behalf of a legal person. These conditions will prevail over any possible legal exemptions which might be in contrast and/or contradiction.
1.1 Description of the Marketplace service
Transactions made on the Studio Marketplace are carried out directly between the Buyer and the Seller. Studio is in no way a reseller of the products offered by the sellers through the site. Products purchased via the site cannot be returned or exchanged by Studio.
Studio is committed to taking the care and diligence necessary for the supply of quality products in accordance with the specifications of these GTC. Studio is responsible only for an obligation of means concerning the services of the site which is the subject of these objects. The Studio’s liability towards the Buyer can only be engaged for facts which can be directly attributable to it and which could cause damages directly linked to these facts.
Studio will not take responsibility in the event of force majeure or fault on the part of the Buyer, as defined in the following article:
In accordance with these general conditions, a case of force majeure opposable to the Buyer is constituted by any hindrance, limitation or disturbance of the service due to fires, epidemics, explosions, earthquakes, fluctuations in bandwidth, failures attributable to the access provider, failure of transmission networks, collapse of facilities, hacking, a security breach attributable to the site host or developers, floods, blackouts, war, embargos, law, injunctions, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Studio. In such circumstances, Studio will be exempted from the fulfillment of its obligations within the limits of this impediment, this limitation or this inconvenience.
CONDITIONS AND TERMS OF RELATIONSHIPS WITH POTENTIAL SELLERS
It is recalled that Studio in its capacity as host acts as a simple intermediary and is in no case a reseller of the Products offered by the Sellers within the platform. The majority of Products are shipped and delivered to Buyers by Sellers, under their sole responsibility. Some Products are shipped by Studio. As the Site is constantly evolving, it may be subject without notice to temporary or permanent modifications and interruptions. Studio cannot be held liable in the event of unavailability of the Marketplace due to these modifications and / or interruptions. Studio reserves the right to temporarily interrupt or modify without notice access to all or part of the Site, in particular to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.
2.1 The Seller undertakes contractually with regard to Studio not to use, reproduce or represent, in any way whatsoever, the contents of the Site, whether or not they are protected by an intellectual property right, to another end than that of their reading by a robot or a navigator. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for the purpose of indexing.
2.2 The potential seller, (“Seller”), must present to Studio the work and/or works of art that they wish to put up for sale together with adequate means for permitting their thorough examination, including documents certifying their authenticity (the certificate of authenticity). Studio, once it has examined, without any time constraint, all the necessary documentation and images sent or, physically, the work itself, will retain the sole and incontrovertible right to accept or reject the work for insertion on the abovementioned site, specifying on the said site, the procedures, terms and conditions that it deems useful for the successful completion of the transaction, the selling price which, obviously, must not be lower than the minimum price proposed by the Seller, net of charges for shipping and/or delivery to the Buyer. The insertion of the work on the site will be carried out by Studio in the manner that it deems most appropriate in order to achieve adequate publicity for the successful completion of the transaction.
2.3 The Seller declares that he will only sell Products of his own creation and / or that he has the rights and authorizations necessary for this purpose. Where applicable, the Seller declares that he has previously carried out all the necessary steps, such as authorization requests, licenses and administrative declarations. In particular, when the Seller is not the original owner of the intellectual property rights over the Products, he declares that he has regularly acquired them. The Seller is prohibited in this respect in particular from selling any Product consisting of counterfeit Products within the meaning of the Code intellectual property.
2.4 The Seller guarantees Studio against any recourse which would be undertaken against it in the event of failure of such declarations and authorizations. The Seller is solely responsible for the sale of the Products he offers on the Site.
2.5 It is the Seller’s responsibility to propose a minimum selling price.
2.5.1 Obligations concerning the price of the products. The Seller freely defines the selling price of the Products which he puts on sale on the site in compliance with the laws and regulations in force. This price must be mentioned on the Site, all taxes and costs included (including VAT, packaging costs, Conditions and Terms.), but excluding delivery costs, Studio adding these costs to the price of the order when the Buyer confirms his order. For the section regarding the statues or particular objects, defined as such in the relevant passage, the shipping and insurance costs are not included in the price but will be calculated on the basis of the quotations that Studio receives at the time of the purchase request by the Buyer.
2.5.2 The delivery costs are calculated on the basis of the dimensions and the weight of the work indicated by the artist. In case of discrepancy between the dimensions and the weight indicated by the Seller and those actually observed by the transporter, the additional transport cost will be fully borne by the Seller.
2.6 When a Seller receives an order, he is informed by email.
2.6.1 The Seller then has two days after receipt of the information to confirm the order. The Seller undertakes to regularly consult his emails (at least once a day) at the address provided to Studio. In the event of a change of email address, messages will be sent to the Seller’s new email address.
2.6.2 The confirmation of the order by the Seller entails the obligation to dispatch the work (s) within 2 (two) working days. In the absence of a response from the Seller within the time limit, the order will be canceled automatically.
2.6.3 In the event of non-withdrawal for any reason the Seller will immediately notify Studio of the fact, reprogramming the withdrawal itself, except for problems of force majeure.
2.6.4 After the payment by the Buyer of the total amount due for the purchase, including shipping and/or delivery costs, should the Seller refuse to sell and otherwise deliver the works to the Buyer identified by the Studio through the site, the sale will be cancelled and any relevant work immediately removed from the website. Furthermore, on the Seller’s refusal to sell Studio will pursue all the remedies at its disposal including, but not limited to, injunctions, suits for specific performance and damages for breach of contract.
2.6.5 In consideration of the irrevocable commitment to sell as set out above, it will be Studio’s responsibility to treat in the manner it deems appropriate the methods of payment of the price which cannot, as mentioned, be lower than the minimum price including shipping and/or delivery costs. Studio will provide the Seller with documentary proof of payment of the total price by email. Each work, at the time of shipment, must be accompanied by a certificate of authenticity signed by the Seller, declaring the date of execution, the technique employed and the dimensions of the work.
2.7 Obligations concerning the delivery of products. The seller must respect the delivery method offered by the Site and/or chosen by the Buyer.
2.7.1 The delivery costs are calculated automatically by the site on the basis of the information provided by the Seller. In the event of incorrect information, the additional cost of delivery costs shall be borne by the Seller.
2.7.2 The Seller must attach to the package a certificate of authenticity (available on the site).
2.7.3 The Seller undertakes to pack the ordered works correctly, securely and seriously so as to prevent the products from being damaged during transport. The works travel at the Seller’s risk. If the shipping time should be longer, the Seller agrees to mention this in the description of the product, to inform Studio and the Buyer.
2.7.4 In the event that the Buyer uses his right of withdrawal, Studio, in its capacity as a trusted third party, will reimburse all of the sums paid, (including delivery costs) by the Buyer as soon as possible and at the latest within fourteen days of the date on which this right was exercised (provided that the products are all properly received in their original condition and packaging by the Seller). If necessary, Studio may defer reimbursement until recovery of the Products by the Seller or until the Buyer has provided proof of the shipment and receipt of the Products by the seller, at the earliest of the two events. If applicable, Studio will reimburse the Buyer using the same means of payment as that used by the Buyer for the initial transaction. The direct costs of returning the Product are the responsibility of the Buyer. The Buyer’s responsibility is engaged only with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
2.8 Financial conditions
Products sold by the Seller
For each Product order received by the Buyer, Studio will receive from the Seller a commission of an amount defined in the paragraph “Sales commissions”, plus shipping and VAT. For each Product order received by the Buyer, Studio will withhold a commission of an amount defined in the “Sales Commissions” section, plus VAT (if due) from the published price, net of shipping and insurance costs. The difference between the price requested by the Seller (point 2.5) and the price posted on the site is the amount due to Studio as a commission and as a recovery of shipping and insurance costs. In the event that the Buyer makes a proposal different from the price displayed on the site, if the seller accepts it, the minimum asking price will also be revised accordingly.
For example, if the Artist has requested a minimum price of 1,000 euros, to which will be added the commissions due to Studio (30%), shipping costs, hypothetically equal to 100.00 euros, insurance costs, hypothetically equal to 10.00 euros, and VAT 20% (if applicable) equal to 282.00 euros for a price displayed on the site equal to 1692.00, the Artist will have an amount of 1,000.00 euros, the difference, equal to 692 euros, will be due to Studio except for the shipping and/or insurance costs that will be refunded to the party that has incurred them (Studio or Seller).
Studio will transfer to the Seller the total amount of the order minus the commission after confirmation of receipt of the order by the Buyer and once the withdrawal period has passed. Payment will be made to the Seller’s bank account indicated on his account. If the Buyer has not confirmed receipt of the Product and if the Seller has not received a dispute within the time limit set for the Buyer to make the complaint, and no other information is available from the delivery person or customs services, then the product will be considered received 45 days after the actual shipment date.
To ensure the Sellers’ compliance with anti-corruption laws and to verify their probity and integrity, in particular to prevent identity theft, tax fraud, money laundering and the financing of terrorism, Studio Artnuances asks Sellers to provide a certain amount of data in order to receive payment for the sale of Sellers. This is mandatory for transactions over € 50 or equivalent in another currency, and can be requested from the first sale, depending on the seller’s country.
The documents requested during the verification may be: identity card, passport, driver’s license, and proof that the account on which the payment will be made by Studio actually belongs to the Seller or the Seller’s company.
2.9 Suspension and termination
These T & Cs are concluded for an indefinite period. Each party can at any time without needing any justification terminate the T & Cs by respecting a month’s notice.
The Seller guarantees to Studio that he is the sole author of the Work and that as such he is the sole holder of all the intellectual property rights relating to the Work and that no third party can claim to be the author or co-author of one or more of the said Works. The Seller undertakes in particular to respect the image rights of the persons represented on the Works as well as the intellectual property rights of third parties, in particular copyright, rights in designs and models, as well as rights in patents and trademarks. The Seller guarantees Studio the peaceful enjoyment of the rights assigned under these general conditions. The Seller guarantees Studio against any action, demand, claim or opposition on the part of any person invoking an intellectual property right or an act of unfair and / or parasitic competition, as a result of the Work.
2.11 Reproduction and protection of the Work
The Seller is informed of the option for Studio to use technical measures to protect the physical media and digital files reproducing the Works, in order to prevent or limit their unauthorized use. Studio will be able to use information in electronic form in the context of the exploitation of the Works intended to identify them and to inform third parties about the regime of the conditions and methods authorized for their use. The Seller may, upon written request, obtain information from Studio as to the essential characteristics of the aforementioned technical protection measures and information which Studio would actually use to ensure the exploitation of the Works.
Studio undertakes to take the care and diligence necessary for the supply of quality products in accordance with the specifications of these General Conditions. Studio is only answerable for an obligation of means concerning the services object of the present. Studio’s liability towards the Seller can only be engaged for facts which are directly attributable to it and which would cause it damage directly linked to these facts. Studio Artnuances will not engage its responsibility in the event of force majeure or fault of the Seller, as defined in this article:
Within the meaning of these general conditions, will be considered a case of force majeure opposable to the Seller any impediment, limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, band fluctuations busy, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the client, computer hacking, a flaw security attributable to the Site host or developers, flood, blackout, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond Studio ‘s reasonable control. In such circumstances, Studio will be exempt from the performance of its obligations within the limits of this impediment, this limitation or this inconvenience.
2.13 Sales Commissions.
Studio will calculate its sales service commissions only on the price indicated by the artist to the extent of 30 % (thirty percent). This fee will be added to the minimum price requested by the Seller.
CONDITIONS AND TERMS OF RELATIONSHIPS WITH POTENTIAL BUYERS
3.1 The Sales contract
In order to place an order, the Buyer can select one or more Products and add them to his basket. The availability of each Product, its price, its characteristics and its delivery time are indicated on the Site, in the description of each item. When the order is complete, the Buyer can access his basket by clicking on the button provided for this purpose.
Validation of the order by the Buyer
By consulting his basket, the Buyer will be able to check the number and the nature of the Products he has chosen and will be able to check the unit price, as well as the overall price. He will be able to remove one or more Products from his basket.
If the order suits him, the Buyer can validate it. By confirming his order, the Buyer acknowledges and accepts these GTCs. He will then access a form on which he can either enter his login details if he already has one, or register on the Site by completing the registration form using his personal information. Then the Buyer goes to checkout, which is directly and exclusively connected with PayPal, to enter the data regarding the means of payment and whatever else is required. Studio will not know and will not have access to the data concerning the customer’s means of payment. Everything related to the means of payment will be under exclusive control and management of PayPal.
PayPal is an independent company and has nothing to do with Studio. Studio uses Paypal’s services to ensure the Buyer the maximum security and confidentiality regarding the use of his data for the purpose of paying for the purchased goods.
Order awaiting confirmation
Once the Buyer has confirmed his order, the order will be transferred to a reserved area of the Paypal site, i.e. all the part related to the means of payment, while the part related to the purchased item(s) will be transferred to a reserved area of the Studio site. The order will be kept on hold until Studio receives confirmation from the Seller of the availability of the work (within 48/72 hours). The Buyer will receive by email confirmation of the availability of the work and the simultaneous charge of the payment.
Payment by the Customer
The Buyer will receive by email confirmation of the availability of the work and the simultaneous charge of the payment.
Confirmation of the order by Studio
Once payment has actually been received by Studio, the latter undertakes to acknowledge receipt to the Buyer by electronic means, within a maximum of 24 hours. Within the same period, Studio undertakes to send the Buyer an email summarizing the order and confirming the processing, including all the information relating thereto.
Receipt of the order by the Seller
The Seller is informed by Studio that one or more works that he has posted online have been ordered. The Seller has 2 days after receipt of the information to confirm the order. The information transmitted by Studio allows him to deliver the order.
In the absence of a response from the Seller within the time limit, the order will be canceled automatically. The contract concluded between the Buyer and the Seller will also be automatically canceled, each party being released from its obligations. In particular, the Buyer is assured that his payment will not be debited, or that he will be reimbursed if it has already been made.
In the event that the work is no longer available, the Seller undertakes to delete the advertisement or to change the status of the work in order to show that it is no longer available. The Seller is solely responsible for the unavailability of a product over which he has sole control. If an order has still been placed by a Buyer, the order will be canceled by the Seller. Studio will then inform the Buyer and reimburse him if necessary.
Confirmation of the order by the Seller
When the order is confirmed by the Seller, a message is sent to the Buyer to confirm his order. The Seller then receives a transport package including a shipping slip to stick on his package provided by Studio. The Seller then undertakes to deliver the Products within the period mentioned.
The order is shipped by the Seller.
The Seller informs Studio of the following data: – courier
– shipping number
– shipping date
The Seller undertakes to assure the Buyer the legal guarantee of correct delivery, the legal guarantee against hidden defects and the security guarantee to all Buyers.
Receipt of order
The Buyer must immediately confirm in “MY ACCOUNT” the proper receipt of each product ordered. Otherwise, the product will be considered to have been received as soon as it is indicated as delivered by the carrier’s tracking service. In the event that no tracking information is available from the carrier, and that no information has been received from the Buyer or from customs, the product will be considered to have been received in a period of 45 days from the date of debit from the Buyer’s bank account.
3.2 Price and payment
The applicable prices are those displayed on the Site on the day of the order. These prices can be modified at any time by the Seller. The prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are understood in the currency indicated, all taxes included for the original works.
Unless otherwise indicated, delivery costs are included.
The fact that the Buyer validates his order implies that he will pay the price indicated.
The Customer can make his payment by choosing a payment method among those indicated on his basket at the time of his order. Credit card payments are made by secure transactions provided by the payment providers.
In the context of bank card payments, Studio does not have access to any data relating to the Customer’s means of payment: payment is made directly by the bank.
In the event of payment by money order, check or bank transfer, delivery times do not start until the date of receipt of payment by Studio.
Studio will send or make available to the Buyer electronically an invoice after each payment. The Buyer expressly agrees to receive invoices electronically.
Failure to pay
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, ipso jure and without notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 (three) times the legal interest rate, without this penalty adversely affecings the enforceability of the sums due in principal.
In addition, any delay in payment will result in the billing to the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penal clause, as well as the possibility of unilaterally terminating the contract through the fault of the Customer. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers that it is excessive.
Retention of title
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
3.3 Shipping costs
Unless otherwise indicated, all works are shipped worldwide (excluding import taxes).
The Seller undertakes to dispatch the Product (s) within 3 working days of the order confirmation.
If the shipping time should be longer, the Seller agrees to mention this in the description of the product, to inform Studio Artnuances and the Buyer. The Works are sent to the address indicated by the Buyer in “My Account”. It is the Buyer’s responsibility to ensure that the information he communicates to Studio Artnuances is correct and will allow him to receive the products purchased on the site. .
The Seller undertakes to pack the ordered works correctly, securely and seriously so as to prevent the products from being damaged during transport. The works travel at the Seller’s risk and expense. As soon as the Buyer takes physical possession of the work, the risk of loss or damage to the products is transferred to him.
The Seller undertakes to comply with the Buyer the legal guarantee of correct delivery, the legal guarantee against hidden defects and the security guarantee to all Buyers.
Upon receipt of the work or any other product ordered, the Buyer agrees to check the package before accepting it and immediately notify the carrier of any problem, damage or reservation regarding the condition of the package. In addition, the Buyer undertakes to inform Studio via the site’s messaging system and by any other means any reservations regarding the product which is delivered (by notifying, for example, damaged package, open package, suspicious noise in a package, etc.).
The Seller will keep Studio informed of the shipment with each order via the Seller account. In the absence of this information, Studio may cancel the transaction.
3.4 Right of withdrawal and Guarantees
The site’s customer service is accessible by email at: [email protected] or by post at the address indicated in article 1 of these general conditions. In the latter case, Studio undertakes to provide a response within 5 working days.
Right of withdrawal – Distance selling
Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the Buyer concluding a contract with a Seller has a period of fourteen working days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs.
The period mentioned in the previous paragraph runs from the day the distance contract is concluded for contracts relating to the provision of a service and / or the supply of digital content not provided on a material support, or from the receipt of the goods by the Buyer or a third party, other than the transporter, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order relating to several goods delivered separately or in the case of an order of a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good.
When the period of fourteen days expires on a Saturday, a Sunday or a public non-working day, it is extended until the first following working day.
The decision to withdraw must be notified to the via the site’s email service by means of an unambiguous declaration. The Buyer hasthe possibility, for example, of using the standard form provided at the end of these general conditions. In any event, the Seller will send the Buyer an acknowledgment of receipt of the said withdrawal as soon as possible by email.
No cash on delivery refunds will be accepted for any reason.
Effects of the right of withdrawal
The Seller returns the products to the Seller or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw. Returns must be made in their original condition and completed in packaging identical to that used for shipping. The Purchaser, if applicable, must also include in the packaging a copy of the invoice or delivery note.
In the event that the Buyer uses his right of withdrawal, Studio, in its capacity as a trusted third party, will reimburse all of the sums paid ((including delivery costs) to the Buyer as soon as possible and at the latest within fourteen days of the date on which this right was exercised. If necessary, Studio may defer reimbursement until recovery of the Products by the Seller or until the Buyer has provided proof of delivery of the Products, at the earliest of the two events.
If applicable, Studio will reimburse the Buyer using the same means of payment as that used by the Buyer for the initial transaction. The direct costs of returning the Product are the responsibility of the Buyer.
The Buyer’s responsibility is engaged only with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts involving:
– the supply of goods made according to the Buyer’s specifications or clearly personalized;
– the supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the Buyer and express waiver of his right of withdrawal.
Likewise, the right of withdrawal does not apply to contracts executed in full by the two parties at the express request of the Buyer before the latter exercises his right of withdrawal.
When confirming the order of digital content independent of any material medium before the expiration of the withdrawal period, the Buyer’s waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: expressly waive my right of withdrawal of 14 days for the Products delivered”.
Termination of the contract on the initiative of the Customer
Guarantee of apparent defects and defects
It is the Buyer’s responsibility to check the good condition of the Products at the time of delivery. This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity to the order. No claim will be taken into account after a period of three days from delivery
Warranty for hidden defects and defects
Buyers have a legal guarantee of correct delivery, a legal guarantee against hidden defects, and a security guarantee.
Buyers who have the status of consumers also have a legal guarantee of conformity.
In order to implement the warranty, it is up to the Buyer to return the product to the address of the Seller’s headquarters, accompanied by an explanatory letter requesting either repair, exchange or refund.
The costs of returning the Product remain the responsibility of the Purchaser.
The consumer Buyer has a period of 2 (two) years from the delivery of the goods to act with the Seller. As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code. Finally, the Buyer is exempted from providing proof of the existence of the Product’s lack of conformity during the 24 months following the delivery of said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Buyer decides to implement the guarantee against hidden defects, he can choose between the rescission of the sale or a reduction in the sale price.
3.5 Complaints and handling of disputes
These GTCs are subject to the application of Italian law.
At any time, the Buyer can contact the Seller for any request or complaint concerning the work ordered via the messaging available on the site.
The Seller undertakes to comply with the legal guarantee of conformity vis-à-vis the purchasing consumers.
The Seller undertakes at any time to respond to a request from the Buyer within a maximum of 24 working hours.
In the event of a Buyer’s complaint, the dispute will be settled directly between the Buyer and the Seller.
The Seller must resolve all disputes between him and the Buyer amicably. However, if the dispute is not resolved within 7 (seven) working days of receipt of the information, Studio after informing the Seller may refund the product to the Buyer. This amount is then deducted from the amount transferred to the Seller by Studio.
These T & Cs can be modified at any time by Studio. The general conditions applicable to Buyers and Sellers are those in force on the day of their order or connection to this Site. Any new connection to the personal space implies acceptance, if necessary, of the new general conditions.
For any complaint, please contact customer service at the following address: [email protected]
3.6 Personal data
In addition to article 1.4 of the Buyer GTU and 2.8 of the Seller GTU, the Buyer and the Seller are informed that the personal data collected by the Site when placing orders is processed by Studio only at the conclusion of these orders.
The Buyers’ data concerning the delivery is transmitted to the Sellers for the sole purpose of shipping the order. This data cannot be used for other purposes.
In the event of problems concerning the processing of data, the Buyer and the Seller can contact Studio directly as specified in the Seller and Buyer T & Cs.
The Seller has access only to the personal data provided by the Buyer of his works on the Site at the time of ordering. The Seller undertakes to secure this data which he keeps for the exclusive purposes of tracking the order.
Studio has adopted an SSL encryption security system, the entire site being protected by the HTTPS protocol. The site has also reinforced security by means of scrambling and encryption in order to protect as much as possible sensitive data linked to the means of payment used on Studio.
3.7 Final stipulations
These GTCs are subject to the application of Italian law.
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will keep their full effect and scope. In such a case, the parties shall, as far as possible, replace the canceled stipulation by a valid stipulation corresponding to the spirit and the object of the present.
The absence of exercise by Studio of the rights which are recognized to it by the present cannot in any case be interpreted as a waiver to assert these rights.
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
Any dispute will be settled by the Courts of Perugia notwithstanding plurality of defendants or calls in guarantee, including for the procedures in summary procedure or on requests.
Everything described and established in the sections:
– General Aspects
– Terms and Conditions in Relationships with potential Seller
– Terms and Conditions in Relationships with potential Buyer
– Conditions and Terms on user use of the site
follows the directives established by the European Parliament and adopted by Italian jurisprudence with publication in the Gazzetta Ufficiale concerning the rules on Distance Sale described in them
– DIRECTIVE 2011/83 / EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13 / EEC and Directive 1999/44 / EC of the European Parliament and of the Council and repealing Council Directive 85/577 / EEC and Directive 97/7 / EC of the European Parliament and of the Council
– DIRECTIVE (EU) 2019/2161 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 November 2019 amending Council Directive 93/13 / EEC and Directives 98/6 / EC, 2005/29 / EC and 2011/83 / EU of the European Parliament and of the Council for better application and modernization of Union consumer protection rules (Text with EEA relevance)
TERMS OF CANCELLATION OF THE ORDER
IN THE EVENT OF A REMOTE SALE TO A CUSTOMER
In the case of distance selling, as defined by article L. 221-1 of the Consumer Code, within fourteen days, including holidays, from the order or the commitment to purchase, the Customer has the right to waive it by registered letter with acknowledgment of receipt. If this period normally expires on a Saturday, Sunday or a public non-working day, it is extended until the next working day.
Any clause of the contract by which the customer abandons his right to renounce his order or his commitment to purchase is null and void. This article does not apply to contracts concluded under the conditions provided for in Article L. 221-2.
If you cancel your order, you can use the detachable form opposite.
CANCELLATION OF ORDER
Consumer Code art. L. 221-5
∗ complete and sign this form
∗ send it by registered letter with acknowledgment of receipt
∗ use the address given in article 1
∗ send it at the latest on the fourteenth day from the day of the order or, if this period normally expires on a Saturday, Sunday or a public holiday, the first working day following.
I, the undersigned, declare to cancel the following order:
∗ Nature of the goods or service ordered: ………………………………………………………
∗ Date of order: ………………………………………………………………………………………….
∗ Date of receipt of the order: ……/……./……..
∗ Customer name: ………………………………………………………………………………………
∗ Customer address: …………………………………………………………………………………..
Customer’s signature :
Those who intend to proceed with the purchase of one or more works of art advertised on the site, henceforth called “buyers”, must express their intention by written communication, also by email, addressed to the Studio. The communication must contain:
- a) indication of the work;
- b) general information about the Buyer;
- c) price offered;
- d) place of delivery;
- e) commitment to the payment of the purchase price and the charges for the shipment and / or delivery of the work, to the account and in the manner which Studio will communicate within 3 (three) working days.
Once Studio has received the aforementioned communication, it will in turn inform the Buyer of the total price, including the shipping and / or delivery charges of the work. The Buyer must confirm in writing his intention to purchase, indicating his personal data. When Studio has received the confirmation of the intention to purchase, the transaction will be deemed concluded and the buyer will be obliged to pay the price offered.
Once the purchase proposal has been received, the Studio will still be free, until the sum has been paid, to evaluate any further offers that may have arrived in the meantime, thereby keeping the sales proposal on the site, proposal which will be immediately deleted on reception of proof of payment of the established price. The Studio reserves the right to keep the work on the site after sale accompanied by the word “sold” and this for no more than 30 (thirty) days after the conclusion of the transaction.
Once the payment has been made, Studio will inform the Seller of the conclusion of the transaction and the latter will deliver the work to the place indicated by the buyer. If the work has not been delivered to buyer within 30 (thirty) calendar days from the conclusion of the transaction, the buyer will be entitled to cancel the order and the Studio will reimburse the buyer for the price paid. Notwithstanding the above, tailor-made work (e.g. sculptures) are not subject to this obligation. The Buyer acknowledges and accepts that sculptures may take up to 3 (three) months to be delivered and paintings purchased along with a tailor-made frame may take up to 4 (four) weeks to be delivered.
The user has no right to use the site:
- to publish, upload, send by e-mail or other means of transmission offensive, defamatory, disparaging or obscene material that may offend third parties or may violate the rights of third parties or inhibit the use and enjoyment of the site by third parties;
- to publish, upload, send by e-mail or other means of transmission of any advertising, promotions, material, junk mail, spam, chain letters, unsolicited or unauthorized pyramid schemes or any other form of solicitation and commercial exploitation;
- to create a data base, electronic or otherwise, with the material downloaded or otherwise obtained from the site;
- transmit or forward any material obtained from the site to third parties without authorization;
- download or attempt to download unlawfully, and in any case without authorization, any materials, documents and information from the site;
- to access, copy or monitor any part of the site, or in any way reproduce or circumvent the navigation structure of the site or any content;
- upload or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, limit, destroy, limit functionality or compromise the integrity of any computer software or hardware or telecommunications equipment by any means.
- In any case, the Studio cannot be held responsible and / or jointly responsible for illegal activities carried out by cyber pirates or so-called hackers. The Studio cannot be held responsible also for the non-perfect chromatic accuracy that may arise from the publication of the work with respect to the original, the publication which will in any case be based on the documentation provided by the artist, collector and interested party. For all matters not provided for in the above conditions, relations between the parties will be governed by the laws in force in the Italian State. By sending the sales and/or purchase proposals, the proposers authorize the processing of personal data, including sensitive ones, for the purposes laid out in this contract.
In any case, the Studio cannot be held responsible and / or jointly responsible for illegal activities carried out by cyber pirates or so-called hackers. The Studio cannot be held responsible also for the non-perfect chromatic accuracy that may arise from the publication of the work with respect to the original, the publication which will in any case be based on the documentation provided by the artist, collector and interested party. For all matters not provided for in the above conditions, relations between the parties will be governed by the laws in force in the Italian State. By sending the sales and/or purchase proposals, the proposers authorize the processing of personal data, including sensitive ones, for the purposes laid out in this contract.