The expression “online contract of sale” is intended as the contract of sale relative to material goods of the Supplier to the Buyer using the system of remote retail sales via electronic means, organized by the Supplier.
The expression “Buyer” is intended as the natural person consumer who makes the purchase, which in the present contract, is for purposes not attributable to any commercial or professional activities.
The expression “Supplier” is intended as the individual who carries out the sale of goods object of the present contract.
Identification and obligations of the parties
The goods under the present general conditions are placed for sale via telematic systems organized by ideArt solution snc, office address: Matelica (MC), Via A: Merloni, 11, fiscal code n. 01267950432.
Telephone number: +39.0737.787759, email: firstname.lastname@example.org, managers of the site: zafferanodimatelica.it
Expressly declares that the purchase is solely for ends extraneous to any commercial or professional activities and undertakes to not use said purchase for commercial purposes.
Object and conclusion of the contract
With the present contract, respectively, the Supplier sells, and the Buyer buys remotely via telematic means only movable tangible property indicated and offered for sale on this site.
The contract between Supplier and Buyer concludes exclusively via the internet through the access by the Buyer to the present site, where following the indicated procedures, the Buyer formalizes the proposal to buy the goods offered for sale.
The contract to buy is concluded via the irrevocable order by the Buyer with the compilation and sending of the order form, which can be visualized on the web page containing the order summary, which is printable, in which will be referred the details of the customer and the order, the price of the goods bought, delivery costs, the mode and terms of payment, and the delivery address for the goods. At the moment that the Supplier receives from the Buyer the order, they will send a confirmation email and/or a visualization of a web page of confirmation and summary of order, which is printable, in which there will be the data given by the Buyer on the order form. The contract is to be considered effective between the parties only with the execution of the order and the emission of the relative invoice, or note of sale, the Supplier having until that moment the right to refuse the order.
To be precise, each order sent constitutes an offer to buy products from the Supplier. Orders are subject to availability and acceptance by the Supplierr who may, in any moment and to their discretion, refuse to accept the order of the Buyer, including, for example, cases in which:
Orders may not be carried out due to an error in the information provided by the Buyer, for example when providing: insufficient or erroneous payment details; errors with invoice details; insufficient or erroneous delivery address – to which the Buyer is informed that the Supplier will not send products to mail boxes; or misleading information;
There is an error on the site relative to the product ordered, for example an error relative to the price or the description of the product as shown on the website.
The product ordered is no longer available on the website.
The sum total of the order is too high, based on an evaluation which will be conducted on a case by case basis by the discretion of the Supplier.
In such case, the Buyer will solely have right to the restitution of the corresponding price and no other ulterior compensation.
The invoice or bill of sale will be emitted by IdeArtsnc in paper form and will be sent with the pack containing the products.
Terms of payment and reimbursement
The Supplier accepts exclusively payment in advance of the ordered products via major credit cards (Mastercard and Visa), PayPal, and bank transfer. Credit card data is overseen directly by other banks, specialized in online payments; PayPal data is directly overseen by PayPal itself. Information is encrypted using the latest encryption methods that stop third party use and which is directly sent to the banks. The Supplier reserves the right to request banks to check the authenticity of the card holder or PayPal in the event of problems. After said checks, in the case of a positive outcome, the procedure for completing the contract and delivery of the product will continue, unless other impediments occur. Any eventual reimbursement to the Buyer, if said Buyer has the right, will be accredited via transfer to the credit card or PayPal, in a maximum of 30 days from the date in which the Supplier was informed of the cause and nature of the right to reimbursement.
Timescales and procedures
The Supplier will arrange delivery for ordered products via SDA couriers or equivalent for Italian territory. The times for order fulfilment may vary, from the same day of order to a maximum of 5 working days, within which the invoice or note of sale will be sent and consequently the acceptance of the order, and the order will be implemented. In the event of the Supplier being unable to execute the order within the stated times an email promptly informing the Buyer will be sent, indicating when the order will be sent. Delivery times may vary according to the country of destination and other factors not directly controlled by the Supplier and not attributable to said Supplier.
Cost of shipping and delivery
The Supplier ships goods globally, excluding People’s Republic of China.
In EU member countries shipping is contained under DDP (Delivery Duty Paid), therefore in these destinations merchandise arrives directly to the delivery address without payment of further sums other than that already paid when ordered, the cost of shipping is included in the order total. Shipping costs are calculated and stated before the Buyer confirms the order and also contained in the order summary webpage.
For all other countries shipping is DDU (Delivery Duty Unpaid), therefore the courier may present a separate invoice requiring payment of custom duties and taxes from the local authorities. In cases where such expenses are known by the Supplier, they will inform the Buyer at the moment of purchase of the relative sum or supply relative information in order to calculate said sum. Therefore, we advise Buyers who live outside the EU to inform themselves of local custom duties and taxes before making a purchase.
Shipping costs are shown on the website.
Insurance and Supplierliabilities
The vendor insures products against theft and accidental damage from the moment of delivery to the courier until arrival at its destination. Risk of loss or damage to merchandise is the responsibility of the Supplier until the Buyer or third party appointed by them materially possesses the merchandise.
All prices of products shown on this website are expressed in currencies according to the country of destination selected by the Buyer (destination of merchandise is imposed automatically according to geolocation of website visitor, said visitor may modify the shipping destination at any time) and constitutes an offer to the public pursuant to article 1336, inclusive of IVA (sales tax) and any other tax that regards the delivery within the EU. Regarding shipping costs, tax and custom duties, we advise the Buyer to check the specific section. Prices indicated corresponding to each product offered to the public are valid from the moment the order is made and are indicated on the order summary page. Prices and conditions may be subject to change by the Supplier at any moment and information on the order summary of the Buyer will prevail.
The Supplier uses the telematic systems to ensure that orders are sent without delay. In the event of the order exceeding available stock, the Supplier will, via email, inform the Buyer that the product is unavailable or how long the delay will be in order to receive the product, and will inquire as to confirm order or not. The system confirms in short time the registration of the order forwarding the confirmation by email, and which does not produce any legal requirements, being a simple summary of the order.
Limitations of Liability
The Supplier is not liable for disruptions caused by force majeure, in the event of an order not being executed within the terms of the contract. The Supplier is not liable in cases of fraud or gross negligence, for disservice or failure pertaining to the use of the internet outside its control or its sub-suppliers. The Supplier will not be liable for damage, loss or cost incurred by the Buyer following an ability to complete the contract for causes not imputable to said Supplier, the Buyer has the right solely to the restitution of the whole corresponding price. The Supplier is not held responsible for any eventual fraudulent or unlawful uses by third parties, of credit cards, at the act of payment of the purchased product, where it can be demonstrated to have adopted all the usual precautions necessary at the time and on the basis of ordinary diligence.
Defect liability, proof of damage and compensable damages: Suppliers obligations
The Supplier is not liable for the consequences derived from a defective product if the defect is due to the nature of the product, according to standard legal imperatives or binding measures, namely if scientific and technical knowledge, at the moment the producer puts the product on the market, does not consider the product defective. No compensation is liable if the injured party was aware of the defective product and the danger resulting therefrom and nevertheless voluntarily exposed themselves to it. In every case the injured party must prove the defect, the damage and the causal connection of defect to injury. The injured party may ask for compensation for damages in the case of death or personal injury or the destruction or deterioration of a product different to that of the defective product, provided that it is normally destined for private use or consumption and therefore principally used by the injured party. Damages to property according to art.123 of the Consumer code will be, nevertheless, compensable only insofar as the sum exceeds 387 Euros.
Guarantees and support services
The supplier is liable for any eventual faults or defects ascertained of the product and is liable on the condition that said fault or defect is declared via registered post to ideArt Solution snc, via A. Merloni 11, Matelica (MC), or by fax +39.0737.787759, or by email: email@example.com within eight days of delivery. The declaration is not necessary if the Supplier is aware of the existence of the defect and is a concealed loss.
Regarding the guarantee of conformity of the purchased product, pursuant to the sale of products regulated by the present general conditions, legal provisions are also applicable. In the case of non-conformity of the delivered product, the Consumer code art. 130 and 130 are also applicable.
Responsibilities of the Purchaser
The Buyer must pay the sum total of the product in the time and manner indicated by the contract. The buyer should, once the online acquisition is made, print out and conserve the webpage with the order details. The client must take note that information contained in this contract have already been accepted at this point.
The right to cancel
The Buyer has the right to cancel the stipulated contract, without penalties and without specifying a reason, within 14 (fourteen) days, from the day of the submission of the order. In any case, for any eventual late delivery, the Buyer is guaranteed 14 days from the arrival of the product to make a cancellation. If the Buyer decides to cancel an order, they must communicate this on the website in the Buyers customer section on this site. We do not accept returns of personalised or made to measure items. The sole cost to the Buyer for using their right to cancel according to this present article are those for the restitution of the product to the supplier. To which it must be noted that products in fine leather delivered outside the EU may be returned only if accompanied by the certificate “CITES” emitted by the appropriate body. We advise the Buyer to consult the appropriate body before returning the merchandise. Merchandise incorrectly returned to customs will be refused and will not be reimbursed. The Supplier will reimburse the Buyer (equivalent to the corresponding cost of the product plus shipping costs) following its return within 30 (thirty) days from receiving the communication of the cancellation on condition that within these limits the merchandise has been returned in original and unworn condition. The Buyer must return unwanted merchandise to the following address: ideArt Solution snc, Via A. Merloni 11, 62024 Matelica (MC) Italia.
Data storage of contract
In accordance with art. 12 D.L.vo 70/03, the supplier informs the Buyer that every order is kept in digital form on servers of this site according to standards of privacy and security.
Communications and complaints
Direct written communications to the Supplier and eventual complaints will be held valid solely if sent toideArtsnc, via A.Merloni 11, Matelica (MC), or emailed to firstname.lastname@example.org. The buyer must complete the registration module with address, telephone number or email to which they wish communications from the Supplier to be sent.
Dispute settlements and applicable laws
All disputes arising from the present contract, the parties intend to adhere to the judicial authorities, the court of jurisdiction is that of the residence of the Buyer.
The present contract is regulated by Italian law.
Duration and effect of a contract
The confirmation of the order implies the acceptance of the present general conditions.
The present conditions may be updated or directly modified with the transcription of the new regulation in the present site. The modification or update will be valid and effective for orders that are still to be typed on the site or for those which have not been visualised and printed on the webpage with the order details.