General Conditions of on-line Sale
- Premise and effectiveness of the General Conditions
These general conditions of sale (“General Conditions“) govern the purchase of artworks of art (“Works“), carried out remotely, via the internet, from the website www.cinquerossoarte.com (“Site“).
The seller of the Works and owner of the Site is the company Cinquerosso Arte S.r.l., with registered office at Piazza San Francesco 8, 40122 Bologna, Italy, VAT number 04035591207, registration in the Bologna Company Register n. 04035591207, REA: BO-493587, E-MAIL: firstname.lastname@example.org (“Cinquerosso Arte“).
The purchaser who accesses the Site to make purchases (“Customer“) is required, before sending the order, to carefully read these General Conditions made available to him on the Site and available at any time also through the link contained in the confirmation e-mail.
The contracts entered into with Cinquerosso Arte through the Site are governed by these General Conditions in compliance with the Italian laws. These General Conditions are subject to change over time. The applicable general conditions are those in force at the time the order is sent by the Customer.
- Order of Works and declarations of the Customer
The features and price of the Works are exhaustively displayed on the page of the Site relating to each Work.
By submitting the order, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase process and to fully accept these General Conditions and payment terms indicated herein.
The contract stipulated between Cinquerosso Arte and the Customer shall be deemed entered into upon acceptance of the order by Cinquerosso Arte. An order shall be deemed accepted when Cinquerosso Arte has issued a written order confirmation. The confirmation will be made in writing by e-mail and will contain reference to these General Conditions, the order number, the shipping data and invoice details, the list of the Works ordered with their essential fetures and the total price, including delivery costs. The Customer is required to check all the data contained in the confirmation e-mail and if he identifies errors in the order he shall have 12 (twelve) hours from the sending of such e-mail to highlight any errors, by writing to the e-mail address email@example.com. Upon expiry of this period, the confirmed order will be processed for shipment and changes will no longer be accepted, without prejudice to the Customer’s right of withdrawal referred to in Article 8 below.
Upon receipt of the order, Cinquerosso Arte shall check the availability for processing the order and, in the event that one or more Works are not available, reserves the right to notify the Customer by e-mail who shall have the right to reply, within the next 12 (twelve) hours, confirming the shipment of the only available Works or cancelling the order in full. If no reply is received within this period, the available Works will be shipped. The amount relating to the unshipped Works will be written off depending on the payment method chosen.
By sending the order, the Customer declares to be adult and guarantees the accuracy, truthfulness and completeness of the information provided for the fulfillment of the order.
- Information about the Works
The information and the main features relating to the Works are available on the Site and updated by Cinquerosso Arte based on the information provided by the artist who created them (the “Artist”) and include the name of the Artist and a brief biography of him, the title, the description of the technique, the edition, and the year of realization, as well as the formats, printing media and available finishing types.
The visual/photographic representation of the Works on the Site is a digital reproduction of the image of the Works and does not in any way represent a guarantee or a declaration of conformity of the Works with the digital image reproduced on the Site. It is understood that the image of the Works has the sole purpose of presenting them for sale in an indicative manner and may not be perfectly representative of their characteristics and quality but may differ in color tones and shades and size, also considering that the reproduction of the image and its quality also depend on the device used by the Customer to consult the Site.
Cinquerosso Arte shall deliver together with the Works sold a certificate signed by and under the responsibility of the Artist certifying the authorship of the Work, the guarantee that it does not infringe third parties’ rights and is not the result of plagiarism, the title, the description of the technique, the edition, and the year of realization.
- Intellectual property
The Works are subject to the intellectual property rights of the Artist and of Cinquerosso Arte that has obtained the right to reproduce them; therefore, the Customer is aware that by purchasing ownership of the physical medium of the Work he does not acquire any intellectual property rights and is not authorized, without the prior written consent of the Artist and Cinquerosso Arte, to reproduce the Work, to modify it, to market it or to exploit it in any form.
Any infringement of intellectual property rights by the Customer may be prosecuted judicially by the owner.
- Prices and shipping costs
The prices of the Works sold in Italy are inclusive of all taxes and duties at the rates in force from time to time. All prices are expressed in Euros.
- Shipments within Italy: the shipping cost varies depending on the size, weight, and municipality of destination.
- Shipments abroad: the shipping cost varies depending on the size, weight, and country of destination.
Orders to be delivered to countries outside the European Union may be subject to customs duties and taxes in the country of destination. By submitting the order form, the Customer authorizes Cinquerosso Arte to instruct the courier designated for the shipment to also handle the customs formalities in the name and on behalf of the Customer; any additional handling costs of customs clearance, customs duties and taxes are not included in the price, nor in the shipping cost, will be charged separately and will remain the responsibility of the Customer or the recipient, as the case may be. Cinquerosso Arte has no control over these charges, cannot predict their amount, is not liable for their payment and undertakes no obligation to handle the customs formalities. In case of refusal by the Customer or the recipient to pay such charges that prevents the delivery of the Works, the purchase price will not be refunded, and the Customer shall bear all the costs incurred for shipping, customs clearance, duties, taxes, and the return of the Works.
- Payment and invoicing
- Payment Methods
The choice of payment method is made at the end of the online purchase process, in a section called “Payment” in the “Shopping Cart” area.
Payment for the Works purchased on the Site is made by PayPal and credit cards of the VISA, MASTERCARD, DINERS and AMERICAN EXPRESS circuits.
If the Customer wishes to request the issuance of the invoice, he must select the appropriate box during the order process and enter the invoice details including the tax ID number; if the Customer has a VAT number, the VAT number must also be entered, as well as the SDI code (and/or the CERTIFIED E-MAIL address if the Customer is Italian). The courtesy invoice will be sent to the indicated e-mail address; the electronic invoice will be sent according to the law. The Customer is responsible for the correct entry of the invoice details and is expressly informed that, if the invoice is not requested when submitting the order, it will not be possible to request it later.
- Transport and delivery
The Works purchased on the Site will be delivered to the address indicated by the Customer during the purchase process.
All purchases will be delivered by a courier selected by Cinquerosso Arte (“Courier”).
The delivery dates indicated by Cinquerosso Arte on the Site or in the order confirmation are to be considered as purely indicative estimates.
The delivery of the Works purchased on the Site will be processed and fulfilled by Cinquerosso Arte with remittance to the Courier that will be appointed by Cinquerosso Arte on behalf and, where so provided for, at the expense of the Customer. The Works will travel at the risk of the Customer, therefore Cinquerosso Arte shall not be responsible for any delays, losses, damages, incorrect or failed delivery, whatever the cause, including events and/or causes of force majeure or unforeseeable circumstances, such as, by way of example but not limited to, natural disasters, adverse weather conditions (such as, for example, heavy snowfall), strikes (of its own or other’s employees), accidents to means of transport, explosions, acts of war or terrorism, pandemics, etc.
Once the Works have been shipped, Cinquerosso Arte reserves the right, where the service is made available by the Courier, to send the Customer the link to refer to for tracking the shipment.
The transport service provides for 2 (two) delivery attempts at the address indicated at the time of the order. After each attempt, the Courier shall leave a notice and shall contact the recipient of the order by telephone, if a contact telephone number has been indicated, to arrange delivery. In case of non-delivery due to the absence or unavailability of the recipient on the second attempt, the Courier shall leave a notice of parcel on hold to allow the recipient to pick up the goods within the maximum hold period indicated on the notice, it being understood that in case of failure to pick up, the goods will return to the sender at the expenses of the Customer.
- Withdrawal of the consumer
If the Customer is a consumer (a natural person acting outside his professional activity, pursuant to the Consumer Code – (Legislative Decree 6 September 2005, n. 206 and subsequent amendments), he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in cases of exclusion provided for under point (iv) below. To exercise said right, the Customer must send to Cinquerosso Arte an explicit written notice that can be sent at any time before receipt of the Works or within 14 (fourteen) days from the date of receipt of the same. Such notice may be sent to Cinquerosso Arte by using the withdrawal form (in which case Cinquerosso Arte shall transmit the acknowledgement of receipt of the withdrawal by e-mail or other durable medium without delay) or by other means to the addresses of Cinquerosso Arte indicated above, possibly using the same form.
Upon receipt of the notice Cinquerosso Arte shall open a file for the management of the return and shall inform the Customer about the instructions on how to return the Works, which will be done by a courier indicated by Cinquerosso Arte; the Work must be received perfectly intact.
The Consumer’s right of withdrawal is governed by the following conditions:
- the right applies to the Work purchased in its entirety; therefore, if the Work is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Work;
- should the withdrawal right be exercised, Cinquerosso Arte shall refund to the Customer the full amount paid for the purchase of the returned Works, including shipping costs where applicable, within 14 (fourteen) days from the date on which the withdrawal notice was received, without prejudice to the right of Cinquerosso Arte to suspend the reimbursement until the actual receipt of the returned Works in perfect condition. The reimbursement will be effected by using the same payment method used by the Customer, unless he has expressly requested a different method accepted by Cinquerosso Arte;
- also in order to guarantee the free return pursuant to art. 9 below, the Works must be returned in the same box in which they were received;
- in addition to the cases of the non-consumer Customer and/or who requests the invoice with a VAT number, the withdrawal right is excluded, pursuant to article 59 of the Consumer Code, in case of order of Works tailor-made (e.g. in sizes different from the standard formats offered on the Site) or clearly customized (e.g. frames or printing media other than the standard ones offered on the Site).
Only in the event of return due to withdrawal of the consumer (see article 8) Cinquerosso Arte shall collect the Works at its own expense.
In other cases of return, the shipping costs for the return are still charged to the Customer, even if the Customer or the recipient, for any reason, refuses or returns to the sender the Works regularly ordered. The Customer must therefore pay said shipping costs directly to the Courier or reimburse them to Cinquerosso Arte and, in the event of failed reimbursement of the same, if any, Cinquerosso Arte may withhold and deduct them, by way of setoff, from the amounts refundable or due to the Customer for any reason or take legal action for the recovery of the aforementioned credit.
- Receipt of works – Warranty and Defects of conformity
The Customer or the recipient, as the case may be, must check the Works at the time of delivery, namely by checking that the number of parcels actually delivered corresponds to that indicated in the bill of transport and that the packaging of the parcels is intact in all its parts, not damaged, nor compromised by atmospheric events or otherwise altered. Upon delivery, the Customer is also required to verify the packaging by specifying any anomalies in the delivery note. Once the delivery note has been signed, the Customer may not raise any objection about the external characteristics of what has been delivered. In case of lack of conformity of the Works sold by Cinquerosso Arte:
- if the Customer is a consumer, the legal guarantees provided for by articles 135-bis, 135-ter and 135-quarter of the Consumer Code apply to the sale of the Works. In such case, the Customer is entitled, at his choice, without charge and provided that the type of Work allows it, to the restoration of the conformity of the Work by repair or replacement, or to an adequate price reduction or to the termination of the contract;
- if the Customer is not a consumer and/or requests the invoice with a VAT number, the warranty for defects will be forfeited if he does not report the lack of conformity to Cinquerosso Arte within 8 (eight) days from the date on which he discovered the defect and in any case no later than 14 (fourteen) days from delivery, by registered letter with return receipt or CERTIFIED E-MAIL addressed to Cinquerosso Arte at the addresses indicated above.
- in any case, the Customer is requested to report the lack of conformity by using the complaint form for the sole purpose of facilitating the management of the complaint itself; the Customer is also requested to send the photos relating to the complained defect and the photos of any damage to the package.
- Limitations of Liability
Cinquerosso Arte declines all responsibility for direct or indirect damages of whatever nature they are or in any form whatsoever, resulting from the use of the Site and/or the news, photos and information contained therein and for events subsequent to the delivery of the Works to the Courier, as well as resulting from the use and/or improper keeping of the Works; in this last regard, the Customer declares to be aware that the Works must be exhibited and handled with care and of the need to take the following precautions:
- Not to expose to direct sunlight;
- Not to exhibit outside, with the exception of the supports expressly prepared and indicated as such in the description of the Work;
- Not to exhibit in humid or steamed environments (including kitchen, bathroom and similar).
Except for willful misconduct or gross negligence, the responsibility of Cinquerosso Arte, for each sale governed by these General Conditions, shall not in any case exceed the price paid by the Customer. No responsibility and/or obligation to indemnify may arise from the failure to accept and process, even partially, an order.
Cinquerosso Arte will bear no liability, except for willful misconduct or gross negligence, in the case of purchase made by minors.
Any complaint must be reported by using the complaint form, sent in writing to the e-mail address firstname.lastname@example.org or by calling during office hours the number available on the “Contacts” page.
Cinquerosso Arte shall make its best efforts to respond to reasonable requests received possibly within 20 (twenty) working days.
If any clause of these General Conditions should prove to be invalid or ineffective, the said clause shall be considered as not affixed, while the remaining clauses shall remain effective.
- Applicable law and jurisdiction
The sales contract between the Customer and Cinquerosso Arte shall be deemed entered into in Italy and governed by Italian law.
For the settlement of any dispute relating to the interpretation, performance or termination of these General Conditions or individual sales, if the Customer is a consumer within the meaning of the Consumer Code, the court of his municipality of residence or domicile if located in the Italian territory shall have exclusive jurisdiction, while in all other cases the territorial jurisdiction is exclusively that of the Court of Bologna.
Pursuant to Article 1341 of the Italian Civil Code.c. the Customer declares to have read and specifically accepted the following articles of these General Conditions: 4) intellectual property, 5) exclusion of liability for customs formalities – refuse to payment customs duties 7) exclusion of liability for transport, 8) withdrawal of the consumer, 9) return, 10) receipt of the Works – Warranty and defects, limitations, 11) limitations of liability, 14) competent court.
Status: April 2022