Terms & Conditions

b) by bank transfer to be carried out upon receipt of the ORDER SUMMARY. All of the details required for the bank transfer are given during the last step of the checkout process. Please specify your order number and personal details under “reason for payment”. Any differences between the information provided by the Client during the ordering process and the details provided in the bank transfer could lead to delays in the acceptance of your order by the Vendor.

8 – DELIVERY OF PRODUCTS - INSPECTION - When the order is delivered, the Client is responsible for checking the following before signing the courier’s waybill:

- that the number of packages corresponds to the number indicated on the waybill. If there are any discrepancies, the Client should accept the packages, and indicate the actual number of packages received on the waybill. Discrepancies should be communicated immediately to the Vendor by email.

- even if the packaging is intact (not wet, punctured, folded or otherwise) and not altered even in the closing tapes, the goods must always be checked, by removing them from their packaging and ascertaining, together with the driver, the integrity or otherwise of the goods and the absence of defects due to transport.

In the event of evident breakage, damage or tampering of the packaging, the customer must write on the consignment note, in detail, SPECIFIC RESERVE OF THE GOODS BECAUSE OF THE DAMAGED ITEMS RECEIVED, and notify the Seller immediately by e-mail.

In the case of evident damage to the products not yet collected, the client may refuse the delivery indicating on the consignment note the reason for non-collection and give immediate communication, by e-mail, to the Seller.

ATTENTION: If the customer accepts the goods and signs the consignment note without having checked the manufactured goods and indicated on the transport documents (consignment note) any complaints regarding damage due to transport, he/she may not subsequently claim any shortages or damage as the signing constitutes verification and acceptance of the conformity of the product. This will not allow the customer to take advantage of the insurance cover under which the goods travel. Consequently, the replacement of the product and the related transport cost shall be borne in full by the customer.

9 – STORAGE – In the event of non-delivery, the goods will be kept in storage for the client for a maximum of 5 calendar days, after which they will be returned to the sender. The Vendor does not accept liability, for any reason whatsoever, for any storage costs or return transport costs, which will be at the expense of the client. For this reason it is important that the client include all of the information required by the Vendor on the PURCHASE ORDER so as to avoid these unnecessary additional costs.

10 – RIGHT TO THE REPLACEMENT OF GOODS DAMAGED IN TRANSIT – In order to exercise this right, the customer, within 05 (five) days of receipt of the goods, must send an e-mail addressed to: info@italiandesigncontract.com, indicating the number of the transport document or invoice, code and quantity of the defective articles with details of the defect found in the presence of the driver. The Seller may request the Customer to send, by e-mail, any digital photos showing the claimed damage. Having ascertained the responsibility of the damage, the Seller shall notify the Customer, by e-mail, of acceptance of the replacement with the details of collection for the Courier. The goods must in any case be returned to the Seller with the same courier and in the original packaging carefully sealed, indicating on the package the return address that will be communicated.
Should this not be the case, the Seller may refuse the collection and therefore the replacement of the material.
All transport costs for replacement, both those for the return of damaged goods and those for replacement, are at the Seller's expense. Goods shall be replaced as quickly as possible. Under no circumstances shall cash-on-delivery returns of goods be accepted. Any returns received after the above deadlines shall not be taken into consideration.


11 – CONSUMER GUARANTEE – The consumer is entitled to the rights provided for in Legislative Decree no. 24 of 02/02/2002. All products are guaranteed against manufacturing defects for two years from the date of delivery. The Vendor guarantees that the products sold to the consumer comply with the sales description and that they are fit for the purpose for which they were intended. Faulty or defective products that do not correspond to the product that the consumer agreed to purchase must be reported by the client, under penalty of forfeiture, within 30 days of discovery of the fault. Legal action should be initiated within 6 months of the discovery of the defect. The guarantee period for faulty and/or defective products starts from the date of delivery of the products.
The warranty does not apply to cases where damage is due to improper use of the product by the consumer, or to environmental conditions in the place in which the product is kept, including but not limited to high moisture content in the room, overheating, extreme or unusual temperatures and atmospheric conditions, or improper handling on the part of the consumer such as poor maintenance (the use of inappropriate cleaning materials and equipment), or by use of the product that does not correspond to the use for which it was intended.
The Vendor does not guarantee a perfect match of the colours on the website with the colours of the original products. This does not constitute grounds for a non-conformity dispute.
To exercise rights under consumer guarantee legislation, the client should document any defects in a letter sent by registered mail with acknowledgement of receipt to: 'Arte & Design Srl' - Via Fermi, 1 – I-53036 POGGIBONSI (SI) within the prescribed deadlines. The client should provide, upon request and via email, any digital photographs that are available, or, if necessary and upon request by the vendor, should return the defective product to the Vendor.
In this way the Vendor will be able to establish whether the defect is attributable to manufacturing problems (non-compliance) in which case the defective product will be repaired, or the defective part will be replaced, or alternatively the product will be replaced in exchange for the return of the defective product. Should the Vendor establish that the defect is due to improper use by the client, there will be no free replacement. Once said communication and/or documentation has been received, the Vendor will communicate their approval or rejection of the claim within 10 working days, and in the case of an approval, authorise the return of the defective product and send, via email, a document that should be attached to the product. The product shall be sent to an address provided by the Vendor.
Replacement of the defective product will take place in the shortest possible time. Transport costs for the replacement of defective products, both those incurred for returning the product as well as those for the replacement, are at the expense of the Vendor.

12 – CANCELLATION POLICY – Online sales are subject to Legislative Decree no. 206 of 06/09/2005, art. 64/68 which states that the consumer (that is a natural person who purchases goods for purposes not related to his/her professional activity, or who does not indicate a VAT number on the order form) has the right to withdraw from the contract of sale, to return the purchased goods, and to receive a refund of monies paid for the goods without being in any way penalized and without specifying the reason for the withdrawal.
PLEASE NOTE: It will not be possible to make use of the right of withdrawal for products with special sizes and/or finishes made at the customer's request.

In order to exercise this right, the consumer should:

1) send a registered letter with acknowledgement of receipt to 'Arte & Design Srl' – Via Fermi, 1- I 53036 POGGIBONSI (SI) within 10 days of receipt of the goods from the Courier or Shipping Agent, stating the invoice number, the number of articles and their codes, and bank details for receiving a bank transfer.

2) wait for approval to be sent by email together with the necessary return documents and the name of the Courier that will collect the goods. The client undertakes and commits to return the product(s) to 'Arte & Design Srl' no later than 10 working days from the date of receipt of the approval email and to the address provided by the Vendor.

3) Goods must be returned intact, unused, unaltered, free of stains, dry, and undamaged. The single-use seal and internal packaging should be intact as these constitute an integral part of the goods;
Products must be returned in the original packaging, complete in all of its parts. The packaging must be intact, and must not be damaged, wet, or otherwise altered;
Goods should be returned in a single consignment. The Vendor reserves the right to reject products from the same order that are returned and shipped at different times;

4) Once all of the conditions have been met, and once the Vendor has received the return and has checked compliance with all of the requirements, the Vendor will send an email to the client confirming the acceptance of the return. Refunds will be processed in the shortest time possible and not later than thirty days from the date on which the Vendor was informed of the client’s intention to exercise his/her right of withdrawal, and once the Vendor has verified that the return is in compliance with all of the aforementioned conditions. The product for which the right to withdrawal has been claimed may not be exchanged for another model.
If the client does not comply with the terms and conditions for exercising the right to withdraw from the contract, as specified in paragraph 12, the client will not be entitled to any refund of the amount already paid to the Vendor. The client is however entitled to re-obtain, at the client’s own expense, the products in the condition in which they were returned to the Vendor. In the case of a client exercising the right to withdrawal, the refund will be made by the Vendor to the person who made the payment.

All costs for the return of goods, without exceptions, shall be borne by the client.

5) The Vendor does not accept returns that are sent C.O.D. (cash on delivery).

6) After checking that all of the aforementioned conditions have been met, that the condition of the product(s) and the packaging complies with what has been agreed, and once the costs for the return of the products have been deducted, the Vendor will provide a credit for the products within 30 days of receipt of the goods and at the price indicated on the invoice.
According to article 5 comma 3 of the aforementioned Legislative Decree, the right to withdrawal does not apply to custom-made or clearly personalised goods.

Note: the right to withdrawal is reserved to natural persons (consumers), and cannot be exercised by legal persons or natural persons acting for purposes relating to their own business or professional activity and who make purchases with their own VAT number.

13 – PRIVACY POLICY
In accordance with and pursuant to article 13 of Legislative Decree no. 196/2003, please note the following:

a) personal details that are voluntarily provided by the consumer during the registration or ordering process will be subject to processing, both by computerised and telematic Data Base procedures for administrative, statistical, commercial, marketing, and advertising purposes regarding the products and services provided by 'Arte & Design Srl'.

b) the conferment of personal information is optional; refusal to respond or to consent to the acquisition of personal information may however make it impossible for 'Arte & Design Srl' to follow up on users’ requests.

c) personal information provided by clients may be disclosed to companies belonging to the same group as 'Arte & Design Srl' for the purposes already mentioned in point a) of this document.

d) personal information provided by clients may be subject to processing, for the purposes mentioned in point a) of the present document, by the following means: fax, telephone (with or without operator assistance), email, and other information systems and/or automatic communication systems.

e) with reference to the aforementioned processing of personal information, the data subject may at any given moment request confirmation of the existence of said information, and is entitled to know the content and the origin thereof, to verify its correctness, or request that the information be modified, updated, or corrected according to article 7 of Legislative Decree no. 196/2003. In accordance with the same article, the data subject has the right to request the cancellation, transformation into anonymous form, or blocking of personal details, including those that are relevant to the purpose of the data collection or necessary for the sending of advertising materials or for direct sales of for the purpose of market research or marketing.
f) The party responsible for the processing of personal information is 'Arte & Design Srl', Via Fermi, 1, Italy, 53036 POGGIBONSI (Siena).

g) personal information provided by clients will be stored at the 'Arte & Design Srl' office situated in Via Fermi, 1, Italy, 53036 POGGIBONSI (Siena).

h) personal information provided by clients may be transferred abroad, to countries within the EU, in accordance with and within the limits provided for by article 42 of Legislative Decree no. 196/2003. Personal information provided by clients may be transferred abroad, to countries outside of the EU, for the purposes and within the limits provided for by article 44b of Legislative Decree no. 196/2003. In this regard, it should be noted that 'Arte & Design Srl' can only work with individuals who adhere to the “Safe Harbour Privacy Principles”.

i) for further information and/or clarifications please contact 'Arte & Design Srl', Via Fermi, 1, Italy, 53036 POGGIBONSI (Siena).

14 – APPLICABLE LEGISLATION – Any matters not specifically covered by this document will be subject to Italian law and to the regulations contained in the Civil Code and Legislative Decree no. 205/06 (also known as the Consumer Code).

15 – JURISDICTION – Any disputes arising from the application, execution, interpretation and violation of the terms and conditions for “online” purchases from 'Arte & Design Srl' will be subject to Italian jurisdiction.
If the client is a “consumer” any dispute arising from the interpretation and execution of the terms and conditions of sale will be subject to the jurisdiction of the Court of the place of the “consumer” client’s residence.
If the client is a “business”, i.e. that purchases with a VAT number, the parties both agree that any dispute arising from the interpretation and execution of the terms and conditions of sale will be subject to the exclusive jurisdiction of the Court of Siena.