TERMS AND CONDITIONS OF VENICEGALLERY WEBSITE
E-commerce platform to sell artworks online.
These general terms of sale concern the definition of the rights and obligations of the parties in the context of the distance purchasing of artworks from Schola S. Zaccaria of G. Missiaja and c. snc, through the data transmission network on the website venicegallery.it, belonging to Schola S. Zaccaria of G.Missiaja and c. Snc – VAT number IT02589380274 - Castello n.3456 - 30122 Venice (VE) - Italy - +39 041 5234343 - +39 348 2242326
Every purchase will be regulated by the terms of the Legislative Decree 185/99, Legislative Decree 206/05; all information aimed at the conclusion of the contract shall be subject to Article 12 of the Legislative Decree 70/03. Protection of confidentiality will be subject to the legislation referred to the Legislative Decree 196/03 and subsequent amendments.
These general terms of sale are only referred to clients classified as consumers, pursuant to Article 3, subparagraph 1, letter a), of the Legislative Decree 6 September 2005, number 206, that is to say “natural persons acting for purposes not related to their business or profession”. For the rest of the sales the provisions of the Italian Civil Code are applied.
All the information on the website are in Italian and in English. The client hereby states they have read every information above and the general terms of sale, before placing an order.
The client, before placing the order, declares that the purchase has nothing to do with their business and that it is destined to personal use.
The client states he has the legal capacity to engage in these general conditions.
PERSONAL DATA PROCESSING
Schola S. Zaccaria of G. Missiaja and c. Snc, pursuant to Article 13 of the Legislative Decree 196/2003, informs that the personal data and tax data acquired, even verbally, referring to the trade relations, provided by the interested parties or acquired in any other way related to the society, will be treated in full respect of the mentioned regulations, including the duty of confidentiality.
Relating to those above, the rights of Article 7 of the Legislative Decree will be exercised.
TERRITORY AND COVERAGE OF THE SALE
This version of the general terms of sale is referred to purchases that are made by consumers having their domicile or residence in Italy or abroad.
OBLIGATIONS OF THE CUTOMER
Before placing the order, the client must carefully read these general terms of sale.
Placing an order implies they fully know them and accept them.
When the client concludes the online purchase, they must print and keep these general terms of sale they already sow and accepted during the concluding phase of the contract.
RECEIPT OF ORDER
Every confirmation of the order, signed by the validation click, is a firm commitment of the client. It could be questioned only if one or more of the cases referred to in this contract under the clause “Right of withdrawal” and “Execution of the order” occur. The “validation click” is an electronic signature. This electronic signature has the same value of a handwritten signature.
ACCEPTANCE OF THE ORDER
The conclusion of the contract will only happen when Schola S. Zaccaria of G.Missiaja and c. Snc confirms the order.
They client will receive via email a notification of receipt, containing the confirmation of the order and all the consistent parts of the contract (information about the main features of the purchased good, the detailed pricing, the delivery cost, the charges, the means of payment) and it also contains a referral to the general terms of the contract and the information about the right of withdrawal and the conditions for its application.
After the approval of the Decree-Law 4th of July 2006, number 223 “Manoeuvre-bis”, Article 37 subparagraphs 8 and 9, converted into Law 248 of August the 4th 2006, entered into force on August 12th 2006, with which the disclosure requirement for the client list is reactivated where an invoice is issued, and after the approval of the Decree-Law 78 of May the 31st 2010, converted into Law 122 of July 30th 2010, clients are required to communicate the VAT identification and tax code.
Schola S. Zaccaria of G.Missiaja and c. Snc preserves the possibility to deny the confirmation of the order for any reason concerning in particular a problem of availability of goods, or a problem about the order they received.
Schola S. Zaccaria of G.Missiaja and c. Snc cannot be considered responsible for any mistake made during the delivery, caused by inaccuracy or incompleteness of the compilation of the order made by the client.
Schola S. Zaccaria of G.Missiaja and c. Snc also cannot be considered responsible for any damage occurred to the final good after its delivery to the carrier in charge of its transportation, or for any delay on the delivery caused by the latter.
AVAILABILITY OF THE PRODUCTS
The offers contained in this website will be valid until the artworks are online and until stocks are exhausted.
Schola S. Zaccaria of G.Missiaja and c. Snc reserves the right to communicate to the client, within 20 days of the purchase, to the email address associated to their profile, the possible unavailability of one or more purchased products.
When an unavailable product is purchased Schola S. Zaccaria of G.Missiaja and c. Snc reimburses the amount paid for the artwork and for the delivery cost (on the payment card indicated for the purchase or by bank transfer, using the payment ends indicated after the registration).
The unavailability of one or more of the ordered products do not give the client the right to cancel the whole order.
In order to guarantee to the client the right price of purchasing, the society Schola S. Zaccaria of G.Missiaja and c. Snc decides the quotation, based on the curriculum: exhibitions, publications, the critics’ attention, prizes.
Beside the market value we also need to consider:
Quality: it is the main element on which we decide the quotation of every single artwork. It is not true that every artwork has the same level of quality: some are better done than others.
Size: the value often raises in accordance with the perimeter, not the area.
Technique: a general rule does not exist and sometimes these considerations may be overturned by the beauty of the artwork.
The year: the date in which the artwork was made is often important because the artists may have had some golden periods in which they gave the best of themselves; furthermore the date could define the history of the piece of art, making it even more precious.
Style: Very often, the artworks that require an intense activity are more precious, because the amount of time the artist dedicated to it and the level of difficulty of the realization affect the value.
Reviews: the success of an artwork is often also measured according to the reviews it obtained (the publication on a catalogue, on a magazine or on a newspaper) and considering as an added value to the participation in important exhibitions, museums and prestigious galleries, so the value could be higher that a similar but less reviewed piece of art. It is also important to understand whether the artwork belongs to a specific “cycle” of works, being precious even though it was not published, maybe because it belonged to a historicized cycle. The importance of the publication mostly lies in the fact that it is a warranty of authenticity over time, and because of that the artwork becomes more precious.
PRICES – INVOICE
Prices are expressed in Euro. For the Countries outside the European Union prices are considered non-taxable VAT pursuant to Article 8, subparagraph 1 Presidential Decree 633/72 and subsequent amendments.
The price we guarantee to the purchaser is the one that appears one the website at the time of sending the order.
Any variation in prices is only decided by Schola S. Zaccaria of G.Missiaja and c. Snc.
Any customs duty will be charged to the buyer in accordance with the provisions of their Country.
The clients that want to proceed with the purchase of the products need to express this will through a request in the dedicated section of the website, where they will send their order and make payment.
Payment must be made at the time of ordering. The client undertakes to pay the price for the product they ordered on the website (product price and delivery cost) through one of the available payment methods.
The client guarantees to Schola S. Zaccaria of G.Missiaja and c. Snc to have the authorizations needed to use the chosen payment method.
If the payment is not received by Schola S. Zaccaria of G.Missiaja and c. Snc, Schola S. Zaccaria of G.Missiaja and c. Snc, has the right to cancel the order.
If the chosen payment method is by credit card, Schola S. Zaccaria of G.Missiaja and c. Snc has the right to ask for a copy of the Identity Document to send within 24 hours, in order to verify the effective ownership of the credit card which has been used. If the client does not send it, Schola S. Zaccaria of G.Missiaja and c. Snc has the right to cancel the order.
In case of payment by credit card, the payment data will be processed through a server-to-server secure connection that uses the SSL Protocol (Secure Sockets Layer), or the Paypal platform.
As soon as the payment or the booking has been made, the staff of Schola S. Zaccaria of G.Missiaja and c. Snc will conveniently wrap the artwork and they will organize the transportation of the good to the address the client indicated, through the vector in charge of the transportation. All deliveries are made by road.
The delivery cost, when the Standard delivery is chosen, is at the expense of Schola S. Zaccaria of G.Missiaja and c. Snc.
The general delivery time of the Standard service are between 5 and 15 working days for Italy and up to 30 working days abroad, depending on the artwork and on the destination.
Both with the Standard and the Express delivery service, a tracking code is provided, so the artwork can be tracked through the courier website.
Schola S. Zaccaria of G.Missiaja and c. Snc is not to consider responsible for an mistake made during the delivery, due to the client’s inaccuracies or incompleteness in the compilation of the order.
Furthermore, Schola S. Zaccaria of G.Missiaja and c. Snc is not to consider responsible for any damage occurred to the artwork after they delivered it to the appointed courier, or for any delay in the delivery caused by the latter.
The delivery document released by the courier and signed by the client at the time of the delivery, is to be considered a proof for Schola S. Zaccaria of G.Missiaja and c. Snc that certifies the delivery of the artwork.
At the time of the delivery of the good, the client must check:
1) That the number of the delivered packages is the same that is indicated in the order;
2) That the packaging is intact, neither damaged nor wet or altered in any way, checking also the material of closing (adhesive tape or strapping).
Any damage in the packaging or in the product, or the mismatch in the number of packages or in the indications, must be immediately notified by the client by putting the WRITTEN SUBJECT TO INSPECTION (specifying the reason, like punctured packaging, flattened packaging, etc.) on the courier delivery document.
Once the courier’s delivery document has been signed, the delivery will be considered perfect and the client will not be able to make any complaint about the external features of the product.
At the time of the delivery, the client must also check the content of the packaging and the condition of the products.
In case of delay, damages, total or partial loss, or any other problem, the client may deal with the courier, without involving Schola S. Zaccaria of G.Missiaja and c. Snc.
For this reason, Schola S. Zaccaria of G.Missiaja and c. Snc recommends the client to check the condition of the artworks before signing the receipt document.
If the client notes any anomality, they must refuse the product and write every complaint with every detail and the date. The complaints must be confirmed by Schola S. Zaccaria of G.Missiaja and c. Snc by registered mail within three working days from the receipt of the products.
TRANSFER OF RISKS
The transfer of risks to the client takes place when Schola S. Zaccaria of G.Missiaja and c. Snc delivers the products to the courier.
During the withdrawal period the client is responsible of the object, as guardian.
If the product is damaged or destroyed, under the custody of the client, all responsibilities lay with the latter.
PICK UP OF THE PRODUCTS IN CASE OF ABSENCE OF THE CLIENT
If the client is not present at the time of the delivery, the courier will leave a notice of passage at the address the client indicated. If the client is not present at the time of the second attempt, the artworks must be picked up at the address the courier indicates, following their indications.
If the product is not picked up within the time limit the courier set, the artwork will be sent back to Schola S. Zaccaria of G.Missiaja and c. Snc, that should refund the price of the artwork to the client, but the delivery cost are charged to the customer.
GUARANTEE OF AUTHENTICITY
Schola S. Zaccaria of G.Missiaja and c. Snc ensures by contract that every piece of art is their own production or a partner’s production. Partners’ productions are created for the company exclusively. Schola S. Zaccaria of G.Missiaja and c. Snc accepts full legally responsibility about the authenticity.
EXECUTION OF THE ORDER
The order will be executed, following the terms that are specified on the website, after Schola S. Zaccaria of G.Missiaja and c. Snc accepts the order, and in any case within 30 working days of confirming the order, subject to the product’s availability and unless there was a specific agreement between the parts.
If the ordered product is not available, Schola S. Zaccaria of G.Missiaja and c. Snc undertakes to inform the client about that as soon as possible and to specify the possible term of renewed availability.
RIGHT OF WITHDRAWAL
The customer has a right of withdrawal. In particular, the customer has the right to withdraw from every contract with Schola S. Zaccaria of G.Missiaja and c. Snc, without any penalty ad without having to specify the reason, within 14 working days of the receiving of the product.
The right of withdrawal applies to client for every product they purchased on the website venicegallery.it
If the product has been delivered, the client must return it to Schola S. Zaccaria of G.Missiaja and c. Snc within 30 working days of the date of receipt of the good. The delivery note is proof of the date of receipt.
The client may exercise the right of withdrawal through the email firstname.lastname@example.org
The product must be returned to Schola S. Zaccaria of G.Missiaja and c. Snc with all its accessories and packed in its original packaging.
Schola S. Zaccaria of G.Missiaja and c. Snc does not accept any damaged returned product, but only products in normal conditions and diligently kept.
Products that have been damaged by detergents and additives or by the client’s malpractice, will not be refunded.
The client must insert into the packing box a copy of the delivery note they received and a copy of the electronic receipt of the order.
All risks for the product’s return are totally charged to the client. Costs for returning the product to Schola S. Zaccaria of G.Missiaja and c. Snc are totally charged to the client. The seller is not liable for any loss, theft or damage of a product returned with an uninsured shipping.
If the product is damaged during the delivery, the seller will communicate that to the client (within 5 working days of the receipt of the good at their headquarters), in order to make it possible for them to promptly press charges against the courier they chose and get a refund for the value of the product; if that happens, the product will be put at the disposal of the client for its return: that will cancel the withdrawal request.
After the withdrawal of this contract, Schola S. Zaccaria of G.Missiaja and c. Snc will refund every payment made by the buyer within 14 working days of the moment in which Venicegallery - Schola S. Zaccaria of G.Missiaja and c. Sncis is informed by the client of the decision of withdrawal. If the product has already been returned, the refund will be within 14 days of receipt of the product. When the product arrives at the warehouse, it will be examined and valued for any possible damage or alteration and when the perfect condition is ascertained, the seller will refund to the client the payed price.
These refunds will be made using the same payment method the client used when purchasing, it being understood that the client must promptly give the seller all the data for the refund. In case of forfeiture of the right of withdrawal, the product will remain at the seller, available to the client for collection, of course the cost will be charged to them.
Schola S. Zaccaria of G.Missiaja and c. Snc has the right to decline every artwork that has been returned in a different modality than the ones we described, or the products that the client returned without paying all the cost of returning, or if they returned it without observing the methods and times for the notification of the right of withdrawal.
According to the provisions of Legislative Decree 6/9/2005 number 206 and of article 55 of the Consumer Code, the right of withdrawal regulated by these selling conditions does not apply to custom made or clearly customized products, not to products that cannot be sent back or that deteriorate or alter quickly.
The right of withdrawal applies to the product purchased in its entirety, so it is not possible to exercise withdrawal only on a part of the purchased product.
EXPRESS TERMINATION CLAUSE
Pursuant to article 1456 of the Civil Code, in case of non-payment of the total price or of part of it, Schola S. Zaccaria of G.Missiaja and c. Snc has the right to cancel the contract through a written notice sent to the electronic address of the client.
USE OF THE WEBSITE
The description of the products and the images on the website, correspond to what Schola S. Zaccaria of G.Missiaja and c. Snc has made available.
Photographs and presentation videos of the products accompanying the descriptions are published on the website for a descriptive purpose. The quality of the images, including a right visualisation of the colour variations, could depend on the software and on the computer tools the client used when connecting to the website.
Schola S. Zaccaria of G.Missiaja and c. Snc takes no responsibility to any problem caused to the client by the use of the website and by the use of specific technologies, because it does not depend on their will.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
Schola S. Zaccaria of G.Missiaja and c. Snc informs that the website and every trademark and symbol used for selling the products are protected by industrial and property rights therefor any kind of copy, communication, distribution, publication, alteration of any kind and for any purpose is forbidden.
Schola S. Zaccaria of G.Missiaja and c. Snc reserves the right to proceed legally to protect these aspects.
Schola S. Zaccaria of G.Missiaja and c. Snc does not take any responsibility for any trademark or symbol that appear on the artworks they sell on the website. The client does not acquire any right on them at the conclusion of the contract.
ENTIRENESS OF THE CONTRACT
These general terms of sale constitute the entirety of the obligations between the parties.
No other general or peculiar condition the client communicates can go beyond these ones, nor be included among them.
If one or more of these conditions is considered not valid ore declared so by a law, by a regulation or by a decision took by a competent jurisdiction, the other conditions will maintain their strength and value.
APPLICABLE LAW AND JURISDICTION
This contract is ruled by Italian Law. The court of Venice will be the jurisdiction and the exclusive court for any legal action brought by the buyer pursuant to this guarantee or to any other legal guarantee. If, in case of any legal action, Schola S. Zaccaria of G.Missiaja and c. Snc wins the case, the claimant must reimburse all the costs, including the lawyers’ fees and the costs of the proceedings Schola S. Zaccaria of G.Missiaja and c. Snc payed for their defence.
Everything that has not been discussed on this contract, refers to the Italian Law.
If the client has any complaint or if they need a clarification, they may call the number +39 041 5234343 - +39 348 2242326 or send an email to email@example.com
They will be contacted for explanations within 3 working days of receipt of the request.