General information and definitions
These General Terms and Conditions of Sale establish the purchase of artworks from Saraceno Art Gallery carried out remotely via the telematic network on the website www.saracenoartgallery.com, based in Rome, Via di Monserrato 40, cap 00186, VAT number 15878631009. Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree 206/05; the information regarding the final step of the contract will be subject to art. 12 of the Legislative Decree 70/03 and, regarding the protection of confidentiality, it will be regulated by Legislative Decree 196/03 and GDPR Regulation (EU) 2016/679.
With the expression "Buyer or Customer" we mean (i) the consumer who is a natural person and makes the purchase, for purposes not related to any commercial or professional activity carried out and/or (ii) a Company or a VAT- registered professional.
The term "Seller" refers to Saraceno Art Gallery, the subject who promotes and advertises the sale of design objects and artworks on this website.
Prima di utilizzare questo Sito, preghiamo gli utenti di consultare attentamente i Termini e Condizioni di vendita (https://www.saracenoartgallery.com/shop/termini-e-condizioni) nonché l’informativa in materia di protezione dei dati personali (www.saracenoartgallery.com /shop/privacy-policy) e l’informativa sui cookies (www. saracenoartgallery.com /shop/cookie-policy) (di seguito “Politiche in materia di protezione dei dati personali”).
Access to and use of this website, as well as the transmission of an order through it, involves the unequivocal acceptance of the Sale Terms and Conditions, as well as the Policies on the protection of personal data. Consequently, if users do not agree with one or more provisions contained in the same documents, they are advised not to use this website.
The publication of artworks and design objects on the website is managed by Saraceno Art Gallery, with registered office in Rome, Via di Monserrato 40, post code 00186, VAT number 15878631009, e-mail address firstname.lastname@example.org.
The contact details can be found in the website area called "Contacts" of the Home Page.
Terms and conditions of website use
By using this website, you agree to make legitimate and legal use of it.
In particular, you agree to:
1. use the website only to carry out legally valid consultations or orders;
2. not to place false or fraudulent orders. In this case, if we have reasons to consider an order of this nature, we reserve the right to cancel it and to inform the Competent Authorities;
3. to provide us with your contact details (e-mail address, delivery address, etc.) in a truthful and correct manner. Please note from now on that, in the absence of such information, it will not be possible to process your order;
4. to avoid any improper use of this website as well as the introduction of viruses or other programs or materials that may cause technological damage. Therefore, it undertakes not to perpetrate intrusions or cyber attacks to the detriment of this website. Otherwise, we will contact the Competent Authorities to whom we will collaborate to find out the responsabile.
By placing an order through this website, you declare to have reached the age of consent and to have the legal powers to stipulate a contract.
Due to the open nature of this website, and the possibility that mistakes may occur in the storage and transmission of digital information, the accuracy and security of the information transmitted or obtained through the website is not guaranteed, unless the contrary is expressly stated. All descriptions of the artworks/objects of design, information and materials appearing on the website are provided "as is/exactly the same" and without explicit or implicit guarantees, except those of the law. Saraceno Art Gallery commits to deliver products, in compliance with the order, remaining responsible for the lack of conformity existing at the time of delivery. It remains understood that the products comply with the order if (i) they observe the description provided and possess the qualities presented on the website, (ii) they are suitable for the use for which the products are normally intended, (iii) they show quality and characteristics which are normal in products of the same type and which can reasonably be expected.
Artworks sold on the website, especially because they are handcrafted, have the natural characteristics of the materials used in their creation. Natural characteristics such as grain, surface texture, or color variation should not be consider as imperfections or defects. On the contrary, the lack of uniformity due to hand making should be appreciated. Any variations in color or grain compared to the image shown on our website should be accepted as a characteristic aspect of the artworks sold.
Saraceno Art Gallery will not be responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet which is out of his own control or that of subcontractors.
Saraceno Art Gallery will not be responsible, furthermore, for damages, losses and costs deriving from the non-execution of the contract for reasons not attributable to it, sice the Customer has the right to the full refund of the price paid.
We do not assume any responsibility, as well, for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the artworks, if we prove that we have adopted all the possible precautions based on the best experience of the moment and on the basis of ordinary diligence.
To place an order, the Customer must follow the online purchase procedure which consists of a "request for quotation" by filling the form prepared for this purpose in correspondence with the image of the artwork/design object he is interested in.
The Customer will proceed to send this request. This operation will not involve the execution of a purchase order, but a mere expression of interest in knowing the details of the article and the price as well as the acceptance of the general Terms and Conditions of sale.
Following the request for quotation, an e-mail will be sent confirming receipt, which will be followed by a further e-mail contains the price with indications of potential shipping fees and any charges will be quantified later against a real interest from the Customer to purchase the article. If the Customer is interested in completing the purchase, he will send an email with the intention to buy the good and at that point he will receive an e-mail with a link that will bring him back to the platform allowing him to complete the purchase order.
The Customer will thus expressly confirm his willingness to purchase the artwork/piece of design at the indicated price including transport fees and/or any additional charges promptly determined, and according to the chosen methods of payment.
The Customer is required, before submitting his purchase order, to give his consent again, in particular to the Sale General Terms and Conditions and the exclusion clause regarding the right of withdrawal, both of which can be viewed in the e-shop of the e-shop gallery., a dare nuovamente il suo consenso segnatamente ai Termini e Condizioni generali di vendita e alla clausola di esclusione del diritto di recesso entrambe visionabili nell’e-shop del sito della galleria.
CONCLUSION OF CONTRACT AND ACCEPTANCE OF THE SALE GENERAL CONDITIONS
All orders will be subject to the discretionary approval of Saraceno Art Gallery which will provide feedback to the customer by sending an order acceptance/confirmation email.
The contracts for the sale of products on the site www.saracenoartgallery.com are considered concluded at the moment in which Saraceno Art Gallery accepts the purchase order placed by the Customer.
The acceptance of the order will contain the following fundamentals: 1) all details of buyer and article; 2) price of the purchased item as agreed between the parties, 3) shipping fees (where applicable) and any additional accessory charges (where applicable), 4) terms and methods of payment as agreed between the parties, 5) address where the goods will be delivered and the delivery times.
IMPOSSIBILITY OF PROCESSING REQUESTS
Saraceno Art Gallery reserves the right to remove, in any moment, any works /design object from its website and/or to remove or modify any content of the same. While every effort will be made to process all orders, there may be exceptional circumstances that do not allow us to process requests.
We decline any responsibility towards you or towards third parties for removing of any artwork/design object from the website, for the elimination or modification of any material or content of the Site, or for the failure to process requests.
Should an object no longer be available for sale or shipment, Saraceno Art Gallery will inform the Customer, as well as the waiting times to obtain again the chosen item. In this case, the order will not be considered accepted and the Customer must expressly communicate his confirmation of the new agreed conditions.
Each prices requested on website are in Euros.
Sale prices are VAT included. Transportation fees and any other additional costs, if there are any, and if they are not included in the price, will be indicated, once the Custome has finalized the order on website.
Supplier issues invoice and will send it by e-mail to the titleorder, then he will include the original invoice in the shipping. The personal details written on the invoice are the ones sent by the client, no changes are possible after issued of the invoice.
WAY OF PAYMENT
Payment of artworks/design objects could make through bank transfer and/or credit card, where possible (if for example the client chooses the direct delivery). The Client has to specify in the reason for payment, the order number given by supplier and the date of the order itself. The Client has to send as well, a copy of the bank transfer by e-mail to Saraceno Art Gallery within three working days from the date of the order. Unless different agreement, the shipping will be effectuated once the payment has arrived to the Saraceno Art Gallery bank account.
If no payment has arrived witihin the agreed terms, the contract will be cancelled and Saraceno Art Gallery could put on sale again the article, by sending an e-mail to cmmunicate it to the Client.
DELIVERY AND TRANSPORTATION
Delivery of goods will be made in the following ways chosen by the Customer:
- Free collection by the Customer at the Saraceno Art Gallery in via Monserrato 60 Rome.
- Express courier. Delivery will be made to the address indicated by the Customer for shipment within 15 working days from the date of credit. Deliveries abroad will suffer longer times in relation to the distance and the specifications of the Country of destination. The delivery will be concluded and the order "delivered" through the acquisition, by the Customer or a third party present at the location indicated by the Customer, of the material availability or in any case of the control of the purchased good, which will be proven by signing of the receipt of the order to the agreed shipping address.
If it is not possible to complete the delivery, the shipper will try to find a safe place to leave it. If this is not possible, the product will be sent to the Saraceno Art Gallery deposit. In this case, Saraceno Art Gallery commits to communicate to the Customer the place where his order is located and how to arrange a new delivery.
Transportation costs vary depending on the size of the items purchased and the destination of the shipment as well as the good value if you decide to insure it. During the purchase process, these costs are clearly indicated before the order is finalized.
Risks relating to the purchased goods will be in charge of Customer from the moment of delivery. The ownership of the good will be acquired by the Buyer only upon payment of the price and all amounts related to the purchase, including shipping costs.
COMPLAINTS AND REFUNDS
For any complaint or clarification, the Customer must contact the number +39 06 39919502 or e-mail address email@example.com. The customer will be contacted for clarification within 3 working days from the request.
The Customer is required to verify that the package is intact, not damaged or wet. Only after this verification, the Customer have to accept the delivery. Once the delivery has been accepted, if the contents inside the package are damaged, the Customer will have 24 hours from the delivery date to contact Saraceno Art Gallery in order to return the product, expressly obliging himself to return the product together with the photographs in which the damage is clearly framed.
It should be noted, however, that the nature of the products sold on this online platform, artworks hadcrafted and with natural products, implies that some characteristics of the same, may not be adequately represented by means of the images published on the website. The same goes for the design pieces, which are in many cases unique, and which have characteristics due to wear/restoration, which are explicitly highlighted on the website. Therefore, legitimate variations of the intrinsic characteristics of the products will not be evaluated as imperfection and/or defect.
If the Saraceno Art Gallery believes the existence of the claimed defect/damage, will contact the Customer, after an analytical examination, by telephone or by e-mail, to agree the timing for the refund. The refund, if due, will be made as soon as possible, or, in any case, within 14 days from the date of return of the product. The amount paid for the artworks that will be returned due to damage or defect, if they really exist, will be refunded in full. The refund will be made using the payment method used to make the purchase. All rights recognized by current legislation remain unaffected.
Saraceno Art Gallery will not be responsabile in any way, for non-fulfillment or delays in the performance of any of its obligations due to the occurrence of an event or circumstance ("Force Majeure Event") that prevents one or more contractual obligations, if:
a) the impediment is beyond its reasonable control;
b) it could not reasonably have been foreseen at the time of the conclusion of the contract;
c) the effects of the impediment could not have reasonably been avoided or overcome by the Interested Party.
By way of example but not limited to, this includes:
1. Strikes, lockouts or other trade union unrest.
2. Riots, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic, pandemic or other natural disaster.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster or maritime, postal or other relevant means of transport accident.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
Pursuant to and for the purposes of Article 59 of the Consumer Code, since this contract relates to the supply of goods which by their nature'cannot be returned or are liable to deteriorate or expire rapidly', the Buyer cannot exercise the right of withdrawal provided in Article 52 of the Consumer Code. Before proceeding with the formulation of the order, the Buyer must explicitly sign the following clause even if contained in the Sale General Terms and Conditions.
DISPUTES AND JURISDICTION
For all disputes relating to the interpretation or execution of orders, the competent Court will be the exclusive Court of Rome with the exclusion of any competing court. Italian law applies to disputes.
Before accessing judicial protection, the parties are obliged to attempt a conciliation of the dispute in accordance with the legislative instruments in force.