General Conditions of Sale

1 – GENERAL CONDITIONS OF SALE – The following terms and conditions of sale apply to the contract of sale between “Arte & Design Srl” (hereinafter referred to as the “Vendor”) and the client regarding the purchase of products published on the website www.italiadesigncontract.com. The client, upon receiving telematic confirmation of the order in the form of an ORDER SUMMARY, declares to be aware of and to unconditionally accept the General Conditions of Sale and to fulfil all of the obligations towards the Vendor contained therein. For this reason, the Client is responsible for carefully reading the present document and printing and saving a copy according to article 50 and subsequent modifications of Legislative Decree no. 206/05. The Vendor is entitled to change or amend these general terms of sale or to adapt them to regulatory changes without prior notice. Any changes will be binding from the moment that they are published on the website www.italiandesigncontract.com and will not apply retroactively.

2 – ORDERS – Once the Vendor is in possession of an order submitted by the client, the Vendor will send an ORDER SUMMARY to the client by email, detailing all of the information relevant to the order. The order will be considered complete and finalised once the Vendor has received payment, and with the issue of the ORDER CONFIRMATION, sent to the client by email, which will include any additional information necessary for invoicing and for the correct delivery of the products.
The client will be responsible for any additional transport costs that may be incurred as a result of insufficient information provided by the client.
The Vendor will not be able to process orders for products that are no longer available at the time of the order. In this case the order will not be accepted and the reasons will be communicated to the client by email.
In this case the contract of sale will not be completed and the Vendor will refund any payments that may have been received with regard to the contract of sale that was not finalised.
The Client does not have any right to claim for damages or any responsibility for direct or indirect damages to persons or property caused by the partial or complete rejection of an order.

3 – PRICES – All of the prices listed on our products include VAT.
Clients resident in EU countries who have an International VAT number are exempt from paying VAT in Italy, and the selling price will therefore be reduced by the VAT amount based on the VAT rates in effect in Italy at the time of the order.

For customers resident outside the EU countries, the published sale price is VAT excluded.

4 – FINISHINGS –
The colours, upholstery and finishings described on the website are indicative in that it is not technically possible to guarantee absolute correspondence to the original colours. This does not constitute grounds for dispute regarding the product.

5 – SHIPPING –
Shipping times may vary according to the products and finishings and will be specified in the FINAL ORDER CONFIRMATION that the Vendor will send to the client upon completion of the order.
Shipping times are approximate and, given that the Vendor is not directly responsible for shipping, the Vendor does not accept any liability for the early or late shipping of orders. Orders will be shipped to the destination specified by the client and indicated on the FINAL ORDER CONFIRMATION. Periods of absence from the given address or any other information that is relevant to delivery should be added in the “notes” field of the order so as to avoid unnecessary storage costs which will be charged to the recipient (See PAR. 2 – ORDERS).

6 – TRANSPORT –
Orders will be shipped by National and International Couriers, appropriately packaged and complete with delivery note and invoice, to the destination specified by the client and indicated on the FINAL ORDER CONFIRMATION.
Shipping costs are included in the selling price of products that carry the “free shipping” label, while for other produces the shipping costs are calculated automatically at the time of purchase once the delivery destination has been specified. In both cases, the shipping service refers to products delivered to: street level of the delivery address.
In addition to the shipping costs specified in the order, the following services and destinations are subject to additional costs, which will be subsequently communicated to the client by email and for which the client is liable:
- delivery to upper floors / basements; delivery in town centres or in addresses not accessible with 12 mt line trucks; express deliveries; urgent deliveries; deliveries with deadlines; delivery by appointment; special deliveries.
- delivery to disadvantaged areas (see list of locations here); remote areas (see list of locations here); minor islands, Venice and Laguna.
Our products are covered by an “All risks” insurance that covers any damage caused during transit (see PAR. 8 – DELIVERY OF PRODUCTS - INSPECTION)

7 – PAYMENT
The following methods of payment are accepted:

a) by credit card or PayPal, the safest form of online payment, when you submit your order. Your credit card will be debited automatically at the end of the online transaction. In the event that your order is rejected, the Vendor will refund any payments by interbank transfer directly to credit card. The Vendor reserves the right to request additional information and documentation from the Client as proof of ownership of the credit card that is used, and to reject the order if said documentation is not provided.

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.
- that the packaging has not been damaged (that it is not wet, torn, bent, or otherwise damaged) and that the seals have not been tampered with.
In the case of evident breakage or damage, or evident signs of tampering, the client should write clearly on the waybill GOODS ACCEPTED WITH RESERVE BECAUSE PACKAGING DAMAGED, and immediately communicate the same to the Vendor by email.

In the case of evident damage to goods that have not yet been accepted, the client has the right to refuse the delivery, indicating the reason for refusal on the waybill, and immediately communicating the same to the Vendor by email.

For the purposes of safeguarding the client’s rights in the case of damages caused during transit that are not evident at the time of delivery, we recommend that the Client specify “GOODS ACCEPTED WITH RESERVE” on the waybill, even if the packaging is undamaged and the seals have not been tampered with. Any hidden damages or defects should be reported to the Vendor within 5 days of delivery by registered letter with acknowledgement of receipt (see PAR. 10 - REPLACEMENT OF GOODS DAMAGED IN TRANSIT).

PLEASE NOTE: if the client accepts the goods and signs the waybill without claiming the right to accept with reserve, it will not be possible to make subsequent claims against hidden defects or damage, in that the signed waybill serves as verification and acceptance of conformance.

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 –
To exercise the right to the replacement of goods damaged in transit, the client should send an email to info@italiandesigncontract.com within 05 (five) days of delivery of goods, specifying the delivery note or invoice number, the codes and quantities of the defective articles, and a description of the defects. The Vendor may request that the client send, by email, digital photos of the damage. Once the responsibility for the damage has been determined, the Vendor will inform the client by email that the replacement has been approved and provide collection details for the Courier. The goods should be returned to the Vendor by the same courier and in the original packaging, carefully sealed and clearly addressed according to the information provided by the Vendor.
In the case that these requirements are not met, the Vendor may refuse to collect the goods and therefore to replace them.
All transport costs, both for the return of the damaged goods and for delivery of the replacement goods, shall be borne by the Vendor. Replacements will take place in the shortest time possible. Under no circumstances will the Vendor accept returns that are sent C.O.D. (cash on delivery). Replacement claims that are not received within the aforementioned deadlines will 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.

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.