The goods subject to these general conditions are offered for sale by Decaseo, owned by Federico Magni, with headquarters/branch at Via Geromina 10, Treviglio (BG), Italy, registered with the Chamber of Commerce, VAT number IT03808600161, hereinafter referred to as the “Seller.”
Art. 1
Definitions
1.1. The term “online sales contract” refers to the contract of sale relating to the Seller’s tangible movable goods, entered into between the Seller and the Buyer as part of a distance selling system through telematic tools, organized by the Seller.
1.2. The term “Buyer” refers to the individual consumer who makes the purchase under this contract.
1.3. The term “Seller” refers to the subject indicated in the heading or the provider of information services.
Art. 2
Subject of the Contract
2.1. Under this contract, the Seller sells and the Buyer purchases, through telematic tools, the digital files, physical posters or physical canvas indicated and offered for sale on the website www.italianwallart.com.
2.2. The products mentioned above are illustrated on the web page: www.italianwallart.com.
2.3 Digital files are delivered by e-mail to the Buyer. No shipping or courier are needed.
Art. 3
Conclusion of the Contract
3.1. The contract between the Seller and the Buyer is concluded exclusively through the Internet by the Buyer accessing the address www.italianwallart.com, where, following the indicated procedures, the Buyer will formalize the proposal to purchase the goods, the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4
Conclusion and Effectiveness of the Contract
4.1. The purchase contract is concluded by completing the request form accurately and giving consent to the purchase, either through the online submission of the acceptance or by completing the form attached to the online electronic catalog at the address www.italianwallart.com and subsequently sending the same form, always after viewing a printable web page summarizing the order, which includes the details of the ordering party, the order, the price of the purchased goods, shipping costs, any additional charges, payment methods and terms, the address where the goods will be delivered, delivery times, and the existence of the right of withdrawal.
4.2. Upon receipt of the order from the Buyer, the Seller sends a confirmation email or displays a confirmation and summary web page of the order, printable, which also contains the data mentioned in the previous point.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
Art. 5
Payment and Refund Methods
5.1. Any payment by the Buyer can only be made by one of the methods indicated on the Seller’s dedicated web page.
5.2. Any refund to the Buyer will be credited by one of the methods proposed by the Seller and chosen by the Buyer, promptly and, in the case of exercising the right of withdrawal, as regulated by art. 13, paragraph 2 and following of this contract, no later than 30 days from the date on which the Seller became aware of the withdrawal.
5.3. All communications related to payments take place on a specific line of the Seller protected by encryption. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the current regulations on the protection of personal data.
Art. 6
Shipping: Delivery Times and Methods
6.1. The Seller will deliver the selected and ordered products, using the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email.
6.2. Shipping times may vary from the same day as the order to a maximum of 15 working days from the confirmation of the order, depending on the country of the Customer. In case the Seller is unable to make the shipment within the aforementioned period but, in any case, within the one indicated in the following point, timely notice will be given by email to the Buyer.
6.3. Shipping methods, times, and costs are clearly indicated and highlighted at www.italianwallart.com.
Art. 7
Prices
7.1. All selling prices of the products displayed and indicated on the www.italianwallart.com website are expressed in euros and constitute an offer to the public under art. 1336 of the Italian Civil Code.
7.2. The selling prices, as mentioned above, are exempt from VAT and any other taxes, considering we are VAT exempt until 10000€ of revenue in a year. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Buyer submits the order and are also contained in the order summary web page.
7.3. The prices indicated next to each of the goods offered to the public are valid until the date indicated in the catalog.
7.4 Price shown on the website and time-promotions have variable discount and we continue to apply different promotiones during the month. Customers might buy the same artwork at different prices during the same day.
Art. 8
Product Availability
8.1. The Seller ensures through the telematic system used for the processing and fulfillment of orders without delay. For this purpose, the Seller indicates in real-time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
8.2. If an order were to exceed the quantity available in the warehouse, the Seller, by email, will inform the Buyer if the product is no longer available or what the waiting times are to obtain the chosen product, asking whether the Buyer intends to confirm the order or not.
8.3. The Seller’s computer system confirms the registration of the order as soon as possible by sending the User a confirmation email, in accordance with point 4.2.
8.4 Seller use a third party supplier to print and ship the artworks.
Art. 9
Limitation of Liability
9.1. The Seller assumes no responsibility for malfunctions attributable to force majeure if it fails to execute the order within the times specified in the contract.
9.2. The Seller cannot be held responsible towards the Buyer, except in cases of willful misconduct or gross negligence, for malfunctions or malfunctions connected to the use of the Internet outside its control or that of its subcontractors.
9.3. The Seller will not be responsible for damages, losses, and costs incurred by the Buyer due to the non-execution of the contract for reasons not attributable to him, with the Buyer entitled only to a full refund of the price paid and any additional charges incurred.
9.4. The Seller assumes no responsibility 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 purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and in compliance with ordinary diligence.
9.5. In no case can the Buyer be held responsible for delays or misunderstandings in payment if it demonstrates that it has made the payment within the times and methods indicated by the Seller.
Art. 10
Defect Liability, Proof of Damage, and Compensable Damages: Seller’s Obligations
10.1. Pursuant to articles 114 and following of the Consumer Code, the Seller is liable for damage caused by defects in the sold goods if it fails to communicate to the Damaged, within 3 months of the request, the identity and domicile of the producer or the person who supplied the goods.
10.2. The Damaged party’s request must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product if still existing.
10.3. The Seller cannot be held liable for the consequences arising from a defective product if the defect is due to compliance with the product, a mandatory legal rule, or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer released the product into circulation did not yet allow the product to be considered defective.
10.4. No compensation will be due if the Damaged party was aware of the defect of the product and the danger it posed and nevertheless voluntarily exposed himself to it.
10.5. In any case, the Damaged party must prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The Damaged party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and is thus mainly used by the Damaged party.
10.7. Damage to things under Article 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred eighty-seven euros (€ 387).
Art. 11
Warranty and Assistance Methods
11.1. The Seller is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.2. For the purposes of this contract, it is presumed that consumer goods are in conformity with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they comply with the description given by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) they have the usual quality and performance of goods of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, if applicable, public statements on the specific characteristics of the goods made by the Seller, the manufacturer, or its agent or representative, especially in advertising or labeling; d) they are also suitable for the particular use intended by the Consumer and brought to the attention of the Seller at the time of the conclusion of the contract and which the Seller has also accepted by conclusive facts.
11.3. The Buyer loses any rights if they do not report to the Seller the lack of conformity within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
11.4. In any case, unless proven otherwise, it is presumed that conformity defects that occur within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the conformity defect.
11.5. In case of lack of conformity, the Buyer may request, alternatively and without charges, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the resolution of this contract, unless the request is objectively impossible to satisfy or excessively burdensome for the Seller under art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be made in writing, by registered mail with return receipt, to the Seller, who will indicate their willingness to comply with the request or the reasons preventing them from doing so, within 7 working days from receipt.
In the same communication, if the Seller has accepted the Buyer’s request, they must indicate the shipping or return methods of the defective goods, as well as the expected deadline for the return or replacement of the defective goods.
11.7. If repair and replacement are impossible or excessively burdensome, or if the Seller has not carried out the repair or replacement of the goods within the period specified in the previous point, or if the replacement or repair previously carried out has caused significant inconvenience to the Buyer, they may, at their choice, request a reasonable price reduction or the resolution of the contract. In this case, the Buyer must send their request to the Seller, who will indicate their willingness to comply with it or the reasons preventing them from doing so, within 7 working days from receipt.
11.8. In the same communication, if the Seller has accepted the Buyer’s request, they must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the Buyer’s responsibility to indicate the methods for crediting the sums previously paid to the Seller.
Article 12
Buyer’s Obligations
12.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. Once the online purchase procedure is completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges this, as this step is mandatory before confirming the purchase.
Article 13
Returns
13.1. The Buyer has the right to withdraw from the concluded contract without any penalty and without specifying the reason, within the period of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2. In the event that the professional has not fulfilled the information obligations regarding the existence, methods, and times of return or withdrawal of the goods in case of exercise of the right of withdrawal under art. 52 of the Consumer Code, the withdrawal period is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, they must notify the Seller by registered mail with return receipt at the address Via Geromina 10, Treviglio, Bergamo. The stamp affixed by the post office on the issued receipt will be valid between the Parties. For the exercise of the right of withdrawal, the sending of the communication can be validly replaced by the return of the purchased goods, provided it is within the same terms. The date of delivery to the post office or the carrier will be valid between the Parties.
13.4. The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.
13.5. The Buyer cannot exercise this right of withdrawal for purchase contracts for clearly personalized products or those that, by their nature, cannot be returned or are at risk of deteriorating or altering quickly, and in any other case provided for by art. 55 of the Consumer Code.
13.6. The only expenses due by the Consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Seller.
13.7. The Seller will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days from the receipt of the withdrawal communication on the same payment method used by the Buyer at the time of purchase.
13.8. With the receipt of the communication in which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, without prejudice to what is provided in the previous points of this article.
Article 14
Termination Causes
14.1. The obligations under point 12.1, undertaken by the Buyer, as well as the guarantee of the successful payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations undertaken by the Seller under point 6, are essential. Therefore, by express agreement, the non-fulfillment of only one of these obligations, unless caused by force majeure or unforeseeable circumstances, will result in the automatic termination of the contract under art. 1456 of the Civil Code, without the need for a judicial decision.
Article 15
Protection of Buyer’s Privacy and Data Processing
15.1. The Seller protects the privacy of its customers and ensures that the processing of data complies with the privacy regulations of Legislative Decree no. 196/2003 and GDPR according to our extended information.
15.2. The personal and fiscal data acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, computerized, and telematic form, in relation to the processing methods for the purpose of recording the order and activating the procedures for the execution of this contract and the necessary communications, as well as for the fulfillment of any legal obligations, and to allow effective management of commercial relationships to the extent necessary to best perform the requested service (art. 24, paragraph 1, letter b, Legislative Decree 196/2003).
15.3. The Seller undertakes to treat with confidentiality the data and information transmitted by the Buyer and not to disclose them to unauthorized persons or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
15.4. Personal data will be communicated, after signing a commitment to confidentiality of such data, only to subjects delegated to carry out the activities necessary for the execution of the contract and communicated exclusively for that purpose.
15.5. The Buyer has the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification, or, when interested, integration of data;
b) the cancellation, transformation into anonymous form, or blocking of data processed in violation of the law, including those for which storage is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case where compliance with this obligation is impossible or involves the use of means manifestly disproportionate to the protected right. The data subject also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning them, even if relevant to the purpose of the collection; ii) to the processing of personal data concerning them for the purpose of sending advertising materials or direct selling or for the performance of market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer’s request cannot be processed.
15.7. In any case, the acquired data will be stored for a period not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will be done securely.
15.8. The data controller for the collection and processing of personal data is the Seller, to whom the Buyer can address any requests at the company’s headquarters.
15.9. Anything that arrives at the address of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others, must contain valid, non-injurious information from others and truthful, in any case, no responsibility can be attributed to the Center for the content of the messages.
Article 16
Contract Archiving Methods
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital/paper form on the server/at the Seller’s headquarters according to criteria of confidentiality and security.
Article 17
Communications and Complaints
17.1. Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address: Via Geromina 10, Treviglio (BG). The Buyer indicates in the registration form their residence or elective domicile, telephone number, or email address to which they wish to receive the Seller’s communications.
Article 18
Dispute Resolution
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Bergamo and resolved according to the Conciliation Regulation adopted by it.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent forum is that of the place of residence or elective domicile of the Consumer, indisputable under art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.
Article 19
Applicable Law and Reference
19.1. This contract is governed by Italian law.
19.2. For anything not expressly provided for here, the legal provisions applicable to the relationships and events provided for in this contract apply, and in particular, art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly recalled here.
Article 20
Acceptance of Orders
20.1. We reserve the right to refuse any order received. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order.
These restrictions may concern orders placed with the same customer account, with the same credit card, and/or orders using the same billing and/or shipping address. In case of modification or cancellation of an order, we may attempt to notify you via the email address, billing address, or phone number provided at the time of order.
We reserve the right to limit or prohibit orders that, in our sole discretion.
Article 21
Third-Party Links
21.1. Some content, products, and services available through our Service may include third-party materials.
Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites. And we do not provide any guarantee nor assume any responsibility for materials or third-party websites or for other materials, products, or services of third parties.
We will not be liable for any damages related to the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites. Carefully review the policies and procedures of third parties and make sure you understand them before making any transactions. Complaints, requests, doubts, and questions about third-party products should be addressed to the respective third parties.
Article 22
Inapplicability of Clauses
22.1. In case any provision of these Terms and Conditions of Service is deemed illegal, null, or unenforceable, such provision shall nonetheless be applicable to the maximum extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms and Conditions of Service, without affecting the validity and enforceability of the remaining provisions.
Article 23
Loyalty Program
23.1. No loyalty program is available.
Article 24
Promotional Code
24.1. There are promotional codes or coupons distributed based on special occasions, reaching a certain volume of purchases, or other reasons. The Buyer can use this promotional code by entering it on the checkout page and will receive an immediate discount on the order amount, excluding shipping.
24.2. Promotional codes cannot be combined with each other.
24.3. The validity of the coupons varies according to each one. Expiry dates may or may not exist.
Article 25
Final Clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the Parties concerning the subject matter of this contract.