TERMS & CONDITIONS
1. GENERAL CONDITIONS OF SALE
The following Conditions of Sale (here in after “Conditions of Sale”) govern the offer and sale together with Privacy Policy of Artwork on store on line www.davidecristofaro.it (here in after “davidecristofaro.it” or “Site”). Artwork purchased on store davidecristofaro.it are handmade by the artist Davide Cristofaro and sold directly by Davide Cristofaro Limited (here in after “Vendor”) company registered in England and Wales under number 9685798 with registered offices at 1 College Yard, 56 Winchester Avenue, NW6 7UA London, United Kingdom. Please contact our Customer Services for any further information, where you will find information on orders and shipping, refunds and returns of Artwork purchased on store davidecristofaro.it. Remember that you can always contact the Seller at the following email address: [email protected].
2. INFORMATION FOR CONSUMERS
2.1. The Artwork displayed on the Site are offered for sale to consumers only (here in after “Consumer(s)” or “You”). The purchase of the Artwork on the Site is permitted only to individuals who are 18 years of age or over. The Artwork offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
2.2. Before confirming and submitting a purchase order, You must carefully read and accept these Terms of Sale.
2.3 These Conditions of Sale govern the offer, transmission and acceptance of purchase orders relating to Artwork on store davidecristofaro.it between the users of store davidecristofaro.it and the Vendor.
2.4 The Conditions of Sale do not govern the supply of services or the sale of Artwork performed by third parties that are on store davidecristofaro.it through links, banners or other hypertext links. Before submitting orders and purchasing Artwork and services from third parties, we recommend that you verify their Conditions of sale; the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of store davidecristofaro.it and third parties.
2.5 By submitting a purchase order You here by accept and undertake to observe, in the performance of the contract with the Vendor, these Terms of Sale. If You do not agree with any of the terms set out in the Terms of Sale, You shall not to submit the purchase order for the purchase of the Artwork on the Site.
3. ORDER PROCEDURE AND ACCEPTANCE
3.1. For each Artwork offered for sale on the Site, a picture of the Artwork concerned will be displayed on the Site, together with the unitary price, the colours and sizes available. Pictures of Artwork are provided purely to illustrate the Artwork. The Vendor will not be responsible for any inadequate graphical representation of the Artwork offered for sale on the Site.
3.2. To purchase a Artwork, You shall select the Artwork(s) of interest, the colour and the size. The Artwork(s) selected for purchase will be added to Your shopping cart. It will not be possible to save the shopping cart to proceed to the purchase on a later stage. If the purchase procedure is not completed, all items included in Your current shopping cart will be deleted and You will need to start a new purchase procedure. The sales procedure will be considered concluded only when You submit the purchase order to the Vendor by clicking the “Confirm my order” button at the end of the check-out page. To submit the order You will be required to provide Your personal data, including Your date of birth, the payment details and to accept these Terms of Sale by ticking the relevant check- Before submitting the order You are invited to carefully review the summary of the information on the essential characteristics of each Artwork You ordered, the details of the shipping costs applicable to Your order, the conditions to exercise Your right of withdrawal (the “Information on the Right of Withdrawal”) and the Privacy Policy.
3.3. It is possible to correct possible errors in the information entered during the purchase process until the submission of the order by following the specific Amendment Procedure indicated on the Site. Once the order is submitted You will not be able to amend or cancel it.
3.4. After the submission of the order, the Vendor will send You an email to the address You entered during the purchase procedure, to confirm that the Vendor has received the order and it is processing it (the “Acknowledgement Receipt”). Consumers orders will be stored on the Vendor database located in London at least for the time necessary to process the orders and, in any case, within the time limits and pursuant to the applicable laws and regulations. Consumers will be able to access their orders at any time through the “My Account” section on the Site or by contacting the Customer Services by e-mail at [email protected]. Please note that the Acknowledgement Receipt does not constitute acceptance by Vendor of Your order. The order will be accepted by Vendor and Your credit card will be debited only after the Artwork(s) You ordered are dispatched. At this point the Vendor will send You another email where it confirms that Your order has been accepted and the Artwork have been shipped (the “Order Confirmation”). The paper invoice will be included with the Artwork
3.5. the Vendor reserves the right to refuse orders made by Consumers it considers, in its sole discretion, not having the requirements to place a purchase order or with whom a legal dispute regarding a previous order is on-going or for any other legitimate reason, without any need to provide the reasons for the same. the Vendor reserves the right to refuse and not to process orders which, in its sole discretion, appear to be sent by dealers and/or distributors.
4. GUARANTEES E Artwork FEATURES
4.1 On the davidecristofaro.it, Artwork designed and created by the artist Davide Cristofaro and accompanied by Certificate of Authenticity are offered for sale.
4.2 The images contained on the davidecristofaro.it are the exclusive property of the Seller. Any use of product images, unless expressly authorized with the written consent of the Seller, will be prosecuted according to law.
4.3 The main characteristics of Artwork are shown on store davidecristofaro.it on each Artwork page. The images and colors of Artwork offered for sale on store davidecristofaro.it may not exactly correspond to the real Artwork, due to the Internet browser or monitor used. The images contained on davidecristofaro.it website are the sole property of the Seller. Any use of Artwork images, unless otherwise expressly authorized by written consent by the Seller, will be prosecuted according to law.
4.4 Prices are subject to change. Check the final price of sale before sending the relevant order form.
4.5 Orders received from countries other than those selected for shipping or to addresses to which the Vendor cannot ship cannot be accepted.
4.6 All Artwork come with a certificate of authenticity which are an integral part.
4.7 If you exercise your right to return the Artwork, the Vendor may refuse to accept Artwork that are damaged, without the tag or which have been altered in their main characteristics or quality.
5. PRICES AND PAYMENT
5.1. Prices of the Artwork available for sale on the Site are in Pound sterling and Your purchases on the Site will be made in Pound sterling. The Vendor will not be responsible for any differences in the prices credited to Your credit card due to fluctuations of the exchange rates applied by your bank or credit card issuer.
5.2 While we will make all the possible efforts to ensure that all prices displayed on the Site are accurate and up-to-date, we may not exclude that errors may occur. If an error in the price of the Artwork You ordered is identified after the Vendor sent You the Acknowledgement Receipt but before the Order Confirmation, the Vendor will contact You and ask You if you want to re-confirm the order at the correct price or to cancel it. If the Vendor is not able to contact You, it will cancel the order and send You an email confirming the cancellation. Errors in prices identified after the Vendor sent You the Confirmation Order will not affect Your purchase.
5.3 All prices of the Artwork are not inclusive of VAT and shipping costs which will be charged separately. Shipping costs depend on the shipping destination and the type of delivery You choose during the purchase procedure. Shipping costs, as well as any other applicable tax, will be itemized on the order check-out page, in the Acknowledgement Receipt/Order Confirmation as well as in the e-mailed invoice.
5.4 The seller accepts payment by Paypal, Credit Card and bank transfer.
5.5 The financial information (number of credit / debit card or the expiration date) will be sent by encrypted protocol to the bank chosen by the Seller that provides its electronic payment services at a distance without third parties, in any way have access.
5.6 Such details will not be used by the Vendor except for performing the procedures relating to the purchase of Artwork and for issuing refunds in case of any refunds of the same as a result of exercising the right of withdrawal, or if it is necessary to prevent or report to police the commission of fraud by the Client.
5.7 The price for the purchase of Artwork and shipping costs, as indicated in the order form, they will be charged to the account at the time of conclusion of the contract.
5.8 If there are sufficient funds to purchase and the bank information provided are valid, the transaction will be processed instantly. The seller accepts payments by bank reclaimed.
5.9 Choose to pay by bank transfer, at the conclusion of the order the customer will automatically receive a confirmation email containing the bank details of the seller, after which the goods are reserved for the customer waiting the crediting of the payment to the account.
5.10 The customer is required to send a copy of the payment with CRO number at [email protected] within 48 hours of receipt of the order confirmation to your email address, otherwise the cancellation of the order.
6. CONFIRM ORDER AND ACCEPTANCE
6.1 The order process is completed when the “I confirm my order” option has been selected. Upon confirmation of the Order Form, the order will be sent to the Seller for processing and cannot be modified or canceled.
6.2 The confirmation of the order will be considered proof of the Consumer’s acceptance of the provisions contained in these Conditions of Sale, the Privacy Policy and the Information on the Right of Withdrawal. The data recorded by the Seller on its server will be treated as proof of the transaction concluded between the Consumer and the Seller.
7. SHIPPING & DELIVERY
7.1 The Artwork will be dispatched to the address provided during the purchase process. For security reasons, the Vendor will not ship any order to a P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.
7.2 The shipments are insured for free against theft and accidental damage to delivery to the customer.
7.3 The Seller is not responsible for any delay due to operations and customs checks, or causes of force majeure beyond its control.
7.4 the articles marked as available on www.davidecristofaro.it site are shipped the first working day following receipt of payment. Orders placed over the weekend will be processed on next Monday morning. Finally orders placed on a public holiday will be processed the next working day.
7.5 All purchases will be delivered by Vendor selected courier service (here in after, “Courier”) between Monday and Friday excluding Saturday, Sunday and local or national holidays, after the Order Confirmation is sent to You. Artwork will be delivered within 10 (ten) business days from the Order Confirmation, and in any case after receiving the payment. In any case, the Vendor will not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
7.6 In the event You do not receive the Artwork within 10 (ten) business days following receipt of the Order Confirmation, we invite You to contact the Vendor at [email protected] . The Vendor reserves the right not to respond to complaints sent after 30 (thirty) days from receipt by You of the Order Confirmation.
7.7 Shipping charges include the cost of packaging and postage. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We can not group two distinct orders placed separately, and it will be applied to each of the shipping charges. Your package will be dispatched at your own risk.
7.8 To offer you the best service and ensure fast worldwide deliveries we ship with UPS, TNT, FEDEX, DHL,SDA. Shipping rates vary based upon shipment type, destination. Your shipping costs are automatically calculated at checkout. We try to ship all orders within 24 hours (orders accepted before 12.00 am CET will be shipped the same day). The shipping schedule are to be considered only as a guide and the date of shipment we are not responsible for any delays caused by authorization processes of credit cards.
7.9 We do not accept cash on delivery payments.
7.10 We insure each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you are not the receiver of your purchase (for example a gift order) then the person who signs for the package confirms receipt and is accountable for the package.
7.11 Most countries are shipped to on a DDP (Delivered Duty Paid, and indicating the place of delivery agreed in the importing country), for which all applicable import taxes are included in the final price of the product .
In the following countries shipped to on a DDU (Delivered Duty Unpaid, delivered duty unpaid, and stating the place of delivery agreed in the importing country), the price of the products indicated does not include taxes and VAT:
Switzerland – Arabia – United Arab Emirates – Singapore – Australia – China – Malaysia – South Korea – Bahrain – – Vietnam – Guatemala – Turkey – India – Taiwan – Japan – South Africa – Norway – Mexico – Panama – Oman – Saudi – Peru – Thailand – United Kingdom – United State of America – Russian Federation.
If a DDU as the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to and payment of these is necessary to release your order from customs upon arrival. As we are unable to advise on the amount this may be, we invite our customers to verify local taxes and duties before placing an order. Our Online Store ships worldwide with UPS (DHL – for shipping to Russian Federation) and the shipping costs are already included in the final amount of your order. However, as international courier for your order, UPS, TNT, FEDEX, DHL may present you with a separate invoice from local authorities for duties owed.
8. COMMISSIONS AND CUSTOMIZATIONS
8.1 The Consumer, through the contact form on the davidecristofaro.it website or through an email addressed to [email protected], can request the artist Davide Cristofaro to create a personalized work of art.
8.2 The price of the work varies according to the size, technique and complexity of the design.
8.3 After sending the contact form or email, the Consumer will be contacted to examine the details of the commissioned work. Once the dimensions of the work, the subject, the technique and the price have been finalized, you will receive a quote for the commission of the work of art with the terms and conditions of the contract, delivery and payment of the price.
9. CHANGES TO, AND CORRECTIONS OF, THE TERMS OF
9.1 The Vendor reserves the rights to change or correct these Terms of Sales, the Privacy Policy and the Information on the Right of Withdrawal, as well as the Artwork offered for sale on the Site and their prices, at any time and without notice to You. The Vendor invites You to carefully check the Terms of Sale and the Privacy Policy every time You use the Site to make a purchase.
9.2 We will make all reasonable efforts to ensure that prices and other information about Artwork displayed on the Site are accurate and up-to-date. However there may occasionally be typographical errors, incorrect statements or omissions (here in after “Errors”) regarding the description of the Artwork, the price, any promotions, offers and the availability of the Artwork concerned. The Vendor reserves the right, at any time and without notice to You, to correct such errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment.
10. CONFORMITY OF ORDERS
10.1. Artwork must be checked by You at the time of delivery to You to ensure that they correspond to the Artwork You ordered.
10.2 Any anomalies identified at the time of delivery, including without limitation any tampering or damage to the packaging, damage to the Artwork, items missing with respect to the Transport Document, non-conformity to the Artwork ordered, defective Artwork, etc. (here in after “Defects”), can be indicated by the Consumer directly to the Courier by inserting a written and signed comment on the Delivery Note. In such circumstance the Consumer will not be required to accept the Artwork and may return them directly to the Courier.
10.3. In the event that any Defects is identified after delivery, the Consumer may return the Artwork to the Vendor following the procedure described under section 11 below.
11. RIGHT OF WITHDRAWAL
11.1 The Consumer has the right to withdraw from the contract concluded with the Seller, without paying any penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the Artwork purchased on the Site. However, it is not possible change the chosen or commissioned work of art with another work.
11.2 To exercise the right of withdrawal, the Consumer must send to the following address: [email protected] an e-mail containing: • (i) the manifestation of the will to exercise the right of withdrawal • (ii) the indication of the Artwork for which he wishes to make use of the right of withdrawal; • (iii) the progressive number of the Order Form communicated by the Seller at the time of the purchase confirmation.
11.3 The Seller will refund the price of the returned work if it is returned in the same condition in which it was delivered, accompanied by certificate of authenticity. The Artwork belonging to the same order must be returned at the same time with the same shipment. The Artwork must be returned in their original packaging.
11.4 The Seller reserves the right to refuse the return of those Artwork that do not comply with the requirements specified in Article 11.3 and that have suffered damage of any kind.
11.5 Refunds will be made with the same payment method used for the purchase. The price of the Products purchased online cannot be reimbursed at the Seller’s stores.
11.6 The sums paid will be reimbursed as soon as possible and in any case, within thirty (30) days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Consumer, activating the refund procedure, after verifying that the conditions referred to in Article 11.3 are met. Refunds are issued in the same currency as the original purchase. Any differences in amount due to exchange rate fluctuations cannot be refunded.
11.7 If there is no correspondence between the recipient of the Artwork indicated in the Order Form and the person who made the payment of the sums due for the purchase of the Artwork, the reimbursement of the sums will be made by the Seller, in favor of the subject. who made the payment. The value date of the re-credit will be the same as the debit; consequently the person who made the payment will not suffer any loss in terms of bank interest.
11.8 To return the purchased Artwork, the Consumer is invited to follow the procedure described below: • 1. check the presence of the certificate of authenticity and the commercial documents accompanying the Work and contained inside the package. • 2. contact the Seller who will organize the collection of the work. It is very important to keep the receipt in order to be entitled to a return or replacement request. The return shipping costs are charged to the Consumer.
12. LIMITED WARRANTY
The Artwork presented for sale on the Site are provided “according to availability”. The Seller makes no warranties, express or implied, which extend beyond the description of the works contained in the confirmation of the Order Form; in particular, the Seller makes no warranties, explicit or implicit (i) regarding the functioning or content of the Site, (ii) regarding the absence of viruses in the Site and in the servers that host it, or in emails, or (iii ) that the information collected on the Site is immune from access by hackers and other unauthorized users. The Seller expressly disclaims any obligation to update or revise the works contained on the Site. The Consumer assumes full responsibility for any risks associated with the use of the Site.
13. COPYRIGHT AND TRADEMARKS
13.1 All the contents present on the Website www.davidecristofaro.it such as trademarks, copyrights, corporate images, Artwork, images, photos, dialogues, music, sounds, videos, documents, drawings, figures, logotypes, menus, web pages, graphics, colors, diagrams, tools, typefaces, drawings, diagrams, layouts, methods, processes, functions and software (collectively, the Content), are the property of Davide Cristofaro Limited and are protected by copyright and any other intellectual property right of Davide Cristofaro Limited.
13.2 The Consumer may not reproduce, publish, distribute, display, modify, create derivative Artwork from, or exploit in any way, in whole or in part, the Content without the prior written consent of Davide Cristofaro Limited. Unless, however, Davide Cristofaro Limited hereby grants the Consumer permission, for personal and non-commercial use only, to view, download and print the hard copy pages of the Site.
13.3 Davide Cristofaro Limited has the right, at any time, to claim ownership of any Content published on the Site and to oppose any use, distortion or other modification of such Content.
14. RIGHTS OF THE SELLER
Davide Cristofaro Limited may, at its sole discretion, cancel the Consumer’s account or inhibit use of the Site at any time. The Seller reserves the right to modify, suspend or interrupt the functionality of the Site or its Content at any time and without notice.
15. CONTACTS
If You have any complaint or if You need any information or assistance in relation to the Site or the purchase procedure, please contact the customer service at [email protected].
16. PRIVACY
16.1 You will find information on how we process your personal data by reading the Privacy Policy.
16.2 You are advised to read, if you haven’t already done so, our Conditions of Use which contain important information on how we process the personal data of our users and on the security systems we use.
16.3 For further information on our Privacy Policy you can contact us at: [email protected] o to our registered office at 1 College Yard, 56 Winchester Avenue – NW6 7UA London, United Kingdom.
17. APPLICABLE LEGISLATION
These Conditions of Sale are governed by the law of England and Wales and European law on electronic commerce.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or NorthernEnglish law.