GENERAL TERMS OF SALE
Here is all of the information relative to the General Terms of Sale at www.fineartkairos.com Read carefully before making your purchase. This site is managed and maintained by FEDERICO MICCIONI PHOTOGRAPHER with legal offices in PERUGIA, Via Bonazzi, 16/18 - Tax Number and VAT No. 02603130549. The offer and sale of products on our website are governed by these General Terms of Sale, including, as they are not explicitly covered by said terms, articles 1470 and following of the civil code and Lgs. Decree 06.09.2005, No. 206 (“Consumer Code”), with specific reference to, within the limits of compatibility, the entire Part III, title II, sec. II (articles 50-61), relative to distance contracts.
Remember that for any additional information, clarification or complaint, you can always contact FEDERICO MICCIONI PHOTOGRAPHER
1.1 "Site" is the website www.fineartkairos.com.
1.2 "Customer” means any person who purchases an item on the Website, agreeing to the following General Terms and Conditions of Sale.
1.3 FEDERICO MICCIONI PHOTOGRAPHER, with registered offices in PERUGIA, Via Bonazzi, 16/18 - ITALY Tel. +39 0755731199, a company registered at the business registry of PERUGIA under No. 76438 - Tax Number and VAT No. 02603130549.
1.4 "Order" or "Order Form" is the form to request goods for sale, completed by the customer through the Website.
1.5 "Products" are the goods offered for sale on the Website, in accordance with the General Terms and Conditions of Sale.
1.6 "Price" is the price of the goods for sale.
1.7 "Contract" is the distance contract that relates to the sale of the products, according to the General Terms and Conditions of Sale.
1.8 "Parties" are FEDERICO MICCIONI PHOTOGRAPHER and the Customer.
2. HOW TO PURCHASE PRODUCTS
2.1 The Products are offered for sale by FEDERICO MICCIONI PHOTOGRAPHER according to the terms and conditions set out in the General Terms of Sale posted on the Website at the time of the Order.
2.2 To conclude the purchase contract of one or more products on the site, you will need to fill out the Order in electronic format and submitting it on-line, following the relative instructions.
2.3 By submitting the Order, the Customer confirms to know and accept the conditions of sale and the information contained in the website, also through links, including those relating to legal notes. The Contract is concluded when FEDERICO MICCIONI PHOTOGRAPHER receives the Order, duly completed by the customer, and has verified it as being completed correctly.
2.4 The Order is accepted pursuant to art. 1326 of the C.C.
2.5 When the contract has been concluded, FEDERICO MICCIONI
PHOTOGRAPHER will send a receipt of the Order to the e-mail address provided by the Customer, containing a summary of the information provided in the order from, requesting the Customer to check for any errors in the data. Said receipt is a form of notification pursuant to art. 52, Lgs. Decree No. 205/2006.
2.6 Prices and Products are subject to change, with effect from the date of notice on the Website.
2.7 If the Products presented on our Website are unavailable at the time the Order is forwarded, FEDERICO MICCIONI PHOTOGRAPHER will promptly notify the Customer regarding the unavailability of the products ordered and reimburse any amount already paid.
3. CUSTOMER OBLIGATIONS
3.1 To purchase any of our Products, the Customer must first register on the Website, providing all information required for order processing, shipment and delivery of the Products. Registration is free and in no way requires a purchase. The Customer agrees to provide correct, true and complete data on: personal details, personal contact numbers and any other information required to process the Order.
3.2 The customer is responsible for paying the Price of the Products purchased and shall keep a copy of the purchase order confirmation, sent by www.fineartkairos.com to the e-mail address provided by the customer during registration on the Website. 4. SHIPPING DATE
All orders are processed and shipped during the work week between Monday and Friday, with the exception of public holidays.
5. SHIPPING FEES AND TIME
5.1 Delivery costs, as well as VAT and any other transfer taxes if due, shall be borne by the Customer and are clearly expressed in the Order phase. The Customer owes nothing more than the total amount of the Order shown at the end of the purchase procedure, with the exception of customs clearance for goods, which remain the sole responsibility of the Customer.
5.2 All orders are dispatched by DHL courier standard service to the shipping address indicated in the Order.
5.3 The delivery times of the products are approximately the following: ITALY 4-7 days, EUROPE 7-15 days, USA and CANADA 10-20 days, REST OF WORLD 15-30 days, starting from the date of payment, immediately following conclusion of the Order. Delivery times are intended as working days. Shipments are not made during holidays.
5.4 The customer has the possibility, having made the purchase through e- commerce, of picking the item or items up directly at our store in PERUGIA, Via Bonazzi, 16/18, during opening hours. For further information, contact us at email@example.com.
5.5 In the event of unavailability of one or more Products following the order, FEDERICO MICCIONI PHOTOGRAPHER can ship the other Products ordered by the Customer. Partial delivery shall be considered valid and does not give the customer the right to refuse the delivery or demand compensation, except only the reimbursement of the Price paid for unavailable Products, pursuant to art. 2 section 7 of the General Terms and Conditions of Sale.
5.6 FEDERICO MICCIONI PHOTOGRAPHER is released from the obligation to
deliver the Products by transferring the obligation to the courier, pursuant to section 1510, paragraph 2, of the Italian Civil Code. The transfer of the Products to the carrier also constitutes identification pursuant to sec. 1378 of the Italian Civil Code, with the subsequent transfer of Product Property and the risk of its destruction to the Customer.
6.1 The total cost at the end of the Order is inclusive of any shipping costs, as well as VAT and any other fees due for transfers, in case of shipment towards a country outside of the European Union, the goods may be subject to the imposition of customs duties and possible taxes (7. CUSTOMS DUTIES AND TAXES).
6.2 The customer can choose to pay from the following payment methods: credit card, Paypal.
6.3 Payment must be made at the time of placing the Order.
6.4 For payments made with credit cards, the relative financial information will be transmitted through encrypted protocol to the institutes providing the relative electronic payment services at a distance, without allowing any access whatsoever to third parties. Said information will never be used by FEDERICO MICCIONI PHOTOGRAPHER except to complete the relative purchase procedures and to issue any relative reimbursements for any returned products, following the right of withdrawal, or if it is necessary to prevent, or notify the police force of, any accounts of fraud.
When the Customer completes the order and chooses to pay with a credit card, this implies that he/she authorises the required total sum resulting from the purchasing procedure to be charged to his/her account.
7. CUSTOMS DUTIES AND TAXES
7.1 In case of shipment towards a country outside of the European Union, the goods may be subject to the imposition of customs duties and possible taxes. Any fee due to customs clearance will be borne by the recipient.
7.2 In case of rejection of the goods by customer or non-delivery for other reasons (for ex. incorrect address and/or phone number of the recipient, the recipient’s repeated absence, etc..) will be retained the amount to cover the following expenses: “sending-goods”+”return-goods”+”customs to return” and charged to the recipient. Will be instead refunded the price of the goods.
7.3 Customs duties and taxes may differ by country of destination and are applied to the arrival of the goods in the country itself. For information regarding to the amount of duties and taxes and the procedures for clearance customs, please contact the competent customs offices of the country of destination.
8. RETURNS AND RIGHT OF WITHDRAWAL
8.1 In accordance with articles 64 and following of Lgs. Decree No. 206/2005, the right of withdrawal consists in allowing the Customer the option of unilaterally withdrawing from the Contract, returning the purchased Products, with subsequent refund of the Price, without any penalties and without specifying the reason.
8.2 The right of withdrawal is available to individuals who are not acting for purposes that are directly related to any professional activities. Accordingly, resellers and companies are excluded from this right.
8.3 To exercise the right of withdrawal, it will be necessary to send an e-mail
to firstname.lastname@example.org within 10 days of receiving the goods. FEDERICO MICCIONI PHOTOGRAPHER will reply by sending the Customer a return identification code. The products must be returned through an express courier with tracking service, at the full expense of the Customer.
8.4 Shipping is under the full responsibility of the Customer until receipt is confirmed by the FEDERICO MICCIONI PHOTOGRAPHER warehouse.
8.5 Returned Products must be sent within 7 days of receiving the return identification code, and must be returned to the following address: FEDERICO MICCIONI PHOTOGRAPHER – Via Bonazzi, 16/18 – 06123 PERUGIA ITALY Tel +39 0755731199 e-mail: email@example.com. Compliance with the time-frame is assessed based on the time the Customer delivered the Products to be returned to the courier.
8.6 In order for the right of withdrawal to be validly exercised, the Products purchased must be returned to the seller intact, not used and in their original packaging, with the original labels unremoved. Products must be carefully packaged in order to protect the original packaging from any damage, writing or labelling. Returns shall not be accepted if not accompanied by the special return identification code.
8.7 The right of withdrawal is subordinate to inspection of the conditions of the returned products and consistency with the FEDERICO MICCIONI PHOTOGRAPHER order and returns form.
8.8 If the right of withdrawal has been duly exercised pursuant to the above provisions, FEDERICO MICCIONI PHOTOGRAPHER will refund the price of the purchase within 30 days of receiving the returned goods. The refund does not cover any of the shipping fees, neither for the original delivery nor for the return delivery, and it is in no way possible to exchange purchased items with other ones.
8.9 If there is no correspondence between the recipient of the Products indicated in the order form and the subject who made payment, in the event that the right of withdrawal is exercised, any amounts refunded will be returned to the subject making payment, releasing FEDERICO MICCIONI PHOTOGRAPHER from liability.
8.10 Because the right of withdrawal is validly exercised, requires that products purchased are returned undamaged, unused and unworn, in their original packaging with labels.
8.11 The soles of the shoes must be in perfect condition and show no signs of any kinf.
8.12 The product packaging must be accurate, in orde to protect the original covers, apposition of writing or labels.
8.13 Not will in any case accept returns without proper identification code or return. 8.14 FEDERICO MICCIONI PHOTOGRAPHER also reserves the right to refuse unauthorized returns or does not comply with all the conditions laid.
8.15 In this cases the goods will be returned to the sender to the address of the original shipment.
8.16 The possible acceptance of these returns however involves a charge equal to 20% of value of the returned goods.
9. FORCE MAJEURE
9.1 The Parties will not be held liable for delays in fulfilling their obligations, pursuant to the Contract, if said delays have been caused by circumstances that are out of their reasonable control. The defaulting Party, due to force majeure, can exercise the
right to extend the terms for the amount of time required to fulfil said obligations.
10. COPYRIGHT AND BRAND NAMES
10.1 Brands, logos and any other distinguishing marks that are on the Website belong to their respective owners.
10.2 The use of brands, logos and any other distinguishing marks, including reproduction on other websites, is forbidden by unauthorised third parties. 10.3 Texts, design, animation files and images contained on the Website are protected by copyright.
11.1 Data communicated by the Customer necessary for the Contract is processed in compliance with the provisions of Legislative Decree 196/2003 regarding "Personal data protection". The owner of data processing is FEDERICO MICCIONI PHOTOGRAPHER with registered offices in PERUGIA – Via Bonazzi, 16/18 - ITALY 11.2 Personal data requested during the forwarding of the order is collected and processed so as to satisfy the express requests of the Customer and will not, under any circumstances, be released to third parties.
11.3 Type of processed data: a) navigation data: during the course of normal operation, the IT systems and the software procedures set up for the website acquire some personal data which is implicitly used in the internet communication protocols. This information is not collected to be associated to identified individuals, , however, by its very nature, through processing and associating this information with data held by third parties, it could be possible to identify the users.
This information includes the IP addresses or dominion names of the computers used by the users visiting the website, the URI addresses (“uniform resource identifier”) of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the number code identifying the status of the reply provided by the server and other parameters relative to the operating system and the user's IT environment. This data may be used to determine responsibility in case of hypothetical computer crimes to the detriment of the Site; b) data supplied voluntarily by visiting users: the optional, explicit and voluntary transmission of personal data to access certain services, i.e. sending in information requests to the addresses provided on the Site involves acquiring the sender's address in order to reply to requests as well as any other personal data entered in the message; c) cookies: no user personal data is deliberately acquired by the Site.
Cookies are not used for the transmission of personal information, nor does the site use any persistent cookies, i.e. user tracking systems.
11.4 With the exception of the specifications on navigation data, the user is free to supply personal information through special sections of the Website and to apply for and request the transmission of informative material and other material. In some cases (not part of regular Site management), the Authorities can request news or information pursuant to art. 157 of Lgs. Decree No. 196/2003, for the purpose of controlling personal data processing. In these cases, it is compulsory to provide a response, otherwise administrative penalties will be applied.
11.5 The persons to whom personal data refer have (I) the right at all times to obtain confirmation as to existence or not of the data and to know their content and origin, to verify the accuracy of the data, request its integration, updating or correction, and
(II) the right to request cancellation, transformation into anonymous form or the blockage of illegally processed data and to oppose, in any case, for legitimate reasons, their processing. The requests are sent to the owner of the data processing.
12. VARIATIONS TO THE AGREEMENT
12.1 The Contract comprises the entire agreement between the Parties in terms of the object, including the Order, of these General Terms of Sale, of those relative to the registration service, as well as the legal notes.
12.2 Any variation or change to the Contract must be accepted in writing by both parties.
13.1 All communication between the Parties shall be made in writing and forwarded to the address of the other party indicated in the contract and in the Order. Notifications sent to the e-mail address of the other party, provided on the Website and in the Order, are considered to be written communication.
13.2 Notifications regarding the validity or existence of this agreement, when not set- forth otherwise, must be delivered exclusively by hand or sent via registered mail with return receipt.
14. LANGUAGE, APPLICABLE LAW AND JURISDICTION
14.1 The sales contract is written in Italian and English, with the predominance, in case of doubt or discrepancy, of the Italian version.
14.2 The contract will be governed and interpreted in conformity with Italian law. 14.3 The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this contract.
14.4 Any disputes arising from or connected with the Contracts of sale entered into pursuant to these General Terms and Conditions shall be taken to the Court of Perugia.
15.1 The General Terms and Conditions of Sale may undergo changes also due to new laws and regulations. The new General Terms and Conditions of Sale shall be effective as of the date of publication on the Website.
15.2 Pursuant to art. 1341 C.C., it is assumed that the customer is familiar with the General Terms of Sale in force at the time of purchase.