These General Conditions of Sale concern the definition of the rights and obligations of the parties in the context of the purchase of artworks BessArte di Squaglia Stefano ditta individuale carried out at a distance via telematic network on the website www.bessarte.it, belonging to BessArte di Squaglia Stefano, with registered offices in Lucca, via Sant’Andrea 48, 55100 Lucca (Iltay). Each purchase transaction will be governed by the provisions of DLgs. 185/99, DLgs. 206/05; the information intended to conclude the contract will be submitted to art. 12 of the DLgs. 70/03 and, with regard to the protection of privacy, will be subject to the provisions of the DLgs. 196/03.
All information on this site is in Italian and English. The customer declares, has access to all of the
aforementioned general information and general conditions of sale, before placing the order.
The customer declares that he/she has the legal capacity to undertake as provided in these general
TREATMENT OF PERSONAL DATA
Bessarte di Squaglia Stefano pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and tax records also acquired verbally in relation to the commercial relationships established, directly provided by the parties concerned or otherwise acquired in the course of the activity of the company, will be subject to processing in accordance with the regulations referred to, including confidentiality obligations.
With respect to the predecessors, the rights under Article 7 DLgs can be exercised. 196/2003.
TERRITORY AND COVERAGE OF THE OFFER
This version of the general sales conditions refers to sales made to consumers having their domicile or residence in Italy and abroad.
Before submitting any purchase order, Customer is required to read carefully these general sales
conditions. Forwarding the purchase order implies their full knowledge and acceptance.
The contract will only be concluded upon confirmation of the order by Bessarte di Squaglia Stefano. The customer will receive by email a receipt notification confirming the order with all the elements of the contract (information on the main features of the purchased goods, detailed price, delivery costs, applicable fees and means of payment) containing a reference to the general conditions of contract and information about the existence of the right of withdrawal, the terms and conditions of its exercise displayed on the site.
Bessarte di Squaglia Stefano reserves the right not to confirm an order for any reason related in particular to a problem of availability of the goods, or to a problem with the order received.
Bessarte di Squaglia Stefano can not be held liable for errors in delivery due to inaccuracies or
incompleteness in compiling the order of purchase by the customer.
Bessarte di Squaglia Stefano can not be held responsible for any damage that may have occurred to the products after delivery to the carrier responsible for their transport and delays in delivery to the carrier.
The listings on this site will be valid until the products listed will remain on-line and available.
Bessarte di Squaglia Stefano reserves the right to communicate to the customer, within 2 days of the
purchase, the email associated with his profile, the unavailability of one or more of the products purchased. In the case of no longer obtaining a product, Bessarte di Squaglia Stefano will refund the price and shipping costs incurred by the customer (on the payment card indicated for the purchase or transfer, the details of which are to be communicated after the registration). Unavailability of one or more of the ordered products will not entitle the customer, however, to cancel the entire order.
PRICES – PAYMENTS
Prices are in Euro and are exempt from VAT, as art. 36 DL 41/1995..
The price guaranteed to the buyer is the one posted on the site at the time of the order.
The customer intending to purchase the products must make such a wish through a request made directly on the site, in the specially dedicated section, where, following the procedures indicated therein, he/she will send his/her purchase order and make the payment.
The payment of the consideration is due at the time of order. The customer agrees to pay the agreed price for the product ordered on the site (price of products and transport) through the available payment methods.
The customer warrants to Bessarte di Squaglia Stefano to have any necessary permissions to use the
payment instrument indicated at the order of purchase.
In the event that Bessarte di Squaglia Stefano does not receive payment, Bessarte di Squaglia Stefano reserves the right to cancel the order. The payments to BessArte di Squaglia Stefano can be done by PayPal or bank transfer.
DELIVERY OF THE ARTWORK
As soon as payment is done, the staff of Bessarte di Squaglia Stefano will be careful to pack the works properly and arrange for a secure transport to the address indicated by the customer in the purchase phase, via the transport carrier. Delivery is on the groundfloor.
The costs of transport by means of Standard delivery are at the expense of Bessarte di Squaglia Stefano. Delivery times are 3 working days in Italy and up to 20 working days in extra-European Union countries. Bessarte di Squaglia Stefano can not be held liable for errors in delivery due to inaccuracies or incompleteness in compiling the order of purchase by the customer.
Bessarte di Squaglia Stefano can not be held responsible for any damage that may have occurred to the products after delivery to the carrier responsible for transporting them and for delays in delivery to the imputabili.
The delivery document issued by the courier, dated and signed by the customer at the delivery of the product, will constitute a proof in Bessarte di Squaglia Stefano of transport and delivery of the goods.
When delivering, the customer will have to verify the content, compliance and status of the product.
In the event of delays, failures, total or partial losses or other problems, the client may resort to the carrier without the responsibility of BessArte di Squaglia Stefano being ever taken into account.
Therefore, upon delivery, Bessarte di Squaglia Stefano recommends to the customer to check the status of the products delivered before signing the receipt document.
In case of anomalies, the customer must refuse delivery of the products or write down their detailed, dated reservations. These reservations must be confirmed to Bessarte di Squaglia Stefano by registered mail with acknowledgment of receipt within 3 (three) working days after delivery of the products.
The transfer of the risks to the client takes place at the delivery of the products to the conveyor by
Bessarte di Squaglia Stefano. During the withdrawal period the customer is responsible for the object as custodian. In case of damage or destruction of the product during customer custody, the latter will suffer all the consequences.
PRODUCTS WITHDROWAL IN CASE OF ABSENCE OF CUSTOMER
In case of absence of the customer, during the delivery, the courier will leave an advice, at the address communicated by the customer. In case of absence also during the second delivery attempt, the artworks will have to be picked up at the courier’s address and according to the procedures indicated by the courier. In case the artwork is not picked up by the customer, within the time indicated by the courier, the artworks will be sent back to BessArte di Squaglia Stefano, that reserves his right to refund the customer. In this case, the shipment costs will not be refunded.
Bessarte di Squaglia Stefano contractually guarantees the authenticity of all the works sold, assuming legal liability immediately. Each work is accompanied by a Certificate of Authenticity, signed by Stefano Squaglia, owner of BessArte di Squaglia Stefano. The certificate will be delivered at the same time as the artwork.
EXECUTION OF THE ORDER
The order will be executed in the terms specified on the Site and on acceptance of the order by Bessarte di Squaglia Stefano and in any case within 10 days after confirmation of the order, subject to the availability of the ordered product and subject to a specific agreement between the parties.
RIGHT OF WITHDRAWAL
The consumer has the right to exercise the right of withdrawal. In particular, the consumer has the right to withdraw from any contract concluded with Bessarte di Squaglia Stefano, without any penalty and without specifying the reason, within 14 (fourteen) working days from receipt of the goods.
The right of withdrawal is recognized by the consumer in relation to any goods purchased by him/her on the website www.bessarte.it
If the goods have been delivered, the customer is required to return it to Bessarte di Squaglia Stefano within 30 (thirty) working days from the date of delivery of the goods. Receives full proof of receipt the date reported on the delivery note.
The customer can exercise the right of withdrawal via e-mail to the address firstname.lastname@example.org
The good is returned to Bessarte di Squaglia Stefano complete with every accessory, the Certificate of Authenticity, as well as packed in its original envelopes. Bessarte di Squaglia Stefano does not accept damaged artworks, but kept in normal state of preservation, with the use of normal diligence. Products that are damaged by detergents/additives or products damaged by the customer will not be replaced or refunded. The customer must enter a copy of the delivered delivery document and a copy of the electronic receipt of the order within the box. The risks of transport for the return of the products are entirely borne by the customer. The costs of returning the goods to Bessarte di Squaglia Stefano are the responsibility of the customer. Upon termination of this contract, Bessarte di Squaglia Stefano will refund all payments made by the Purchaser no later than 14 days from the date on which the Bessarte di Squaglia Stefano is informed by the customer of the decision to exercise the right of withdrawal or, if the delivery of the artworks has already occurred, within 14 days of receiving the asset and following the verification of its integrity. These refunds will be made using the same payment instrument used by the customer at the time of purchase.
Bessarte di Squaglia Stefano has the right to reject any product returned in a manner other than those specified above, as well as products for which the customer has not fully paid the refund or the methods and times indicated for the Communication of the exercise of the right of withdrawal.
As foreseen by Legislative Decree 6/9/2005 n. 206 and Art.55 of the Consumption Code, the right of withdrawal governed by these sales conditions does not apply to custom-made or clearly customized goods or which, by their nature, can not be returned or is likely to deteriorate or alter quickly.
EXPRESS RESOLUTORY CLAUSE
In case of total or partial lack of payment of the purchase price of the goods, Bessarte di Squaglia Stefano reserves the right to declare under the terms and for the effects of art. 1456 of the Civil Code resolved this contract by sending a written communication to the customer’s electronic address.
USE OF THE SITE
The descriptions of the products and images on the site correspond to those made available by Bessarte di Squaglia Stefano. Pictures and video presentations of products with descriptive information are published on the site, given that the quality of the images may depend on software and computer tools used by the customer when connecting to the site. Bessarte di Squaglia Stefano assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used because they are not dependent on their own will.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Bessarte di Squaglia Stefano informs that the site, as well as all the trademarks and distinctive signs used in relation to the sale of the products proposed, are protected by applicable intellectual and industrial property rights and are prohibited for any kind of reproduction, communication, distribution, publication, alteration or transformation, in whatever form and for whatever purpose they occur. Bessarte di Squaglia Stefano reserves the right to act legally to protect such aspects. Bessarte di Squaglia Stefano assumes no responsibility for the trademarks and other distinctive signs that appear on the products it markets on the site, against which the customer does not acquire any rights following the conclusion of the Contract.
INTEGRALITY OF THE CONTRACT
These general terms and conditions of sale constitute the integrality of the parties’ obligations.
No other general or particular condition communicated by the customer may or may not be included in these general conditions.
If one or more of the provisions of these General Terms are considered invalid or declared to be
enforceable under a law, regulation or final decision taken by a competent court, the other provisions will retain all their strength and value.
APPLICABLE LAW AND JURISDICTION
This contract is governed by Italian law. The jurisdiction and the exclusive forum for any legal action brought by the Purchaser under this warranty or any further legal assurances will be the Court of Lucca.
In the event of a Bessarte di Squaglia Stefano win in any legal action, the actor will have to repay to
Bessarte di Squaglia Stefano the expenses, including the lawyer’s parcels and the costs of the trial,
incurred by Bessarte di Squaglia Stefano for his defense.
As far as not expressly provided in this contract, Italian law is applicable.
For any complaint or clarification, the customer must contact the number +39 0583 050627 or the e-mail address email@example.com. The customer will be contacted for clarification within 3 (three) working days of the request.