General terms and conditions of sale

TERMS AND CONDITIONS OF SALE

CONTRACT FOR THE SALE OF GOODS ONLINE

These general conditions of sale govern the offer and sale of goods promoted online, through the website: www.sangiorgioarte.it, from the "SanGiorgioArte" art gallery, based in Bari, at Via Sparano n.79, tel: 080/5468864; cell: 3405903641, registered with the chamber of commerce of no. offender 254759247 , pi:. 08067390727, with the following certified email address: sangiorgioarte@pec.it

The following general conditions of sale refer only to customers identifiable as consumers, pursuant to art. 3, paragraph 1, letter a), of Legislative Decree no. 206 of 6 September 2005, i.e. "natural persons who act for purposes unrelated to any business or professional activity" carried out" applying to sales concluded with subjects who do not fall into the category of consumers, the provisions on the subject of sale provided for in the Italian civil code.

The customer declares to have read all the aforementioned information and general conditions of sale before placing the order.

Before placing the order, the customer confirms that the purchase has no direct relationship with his professional activity, as it is intended for personal use.

Art.1- Definitions

1. 1. The term "Seller" means the natural or legal person who acts in the exercise of his commercial, entrepreneurial, artisanal or professional activity (Article 3, letter c of the Consumer Code);

   2.  The expression "Buyer" means the consumer, natural person, who makes the purchase, referred to in this contract, for personal purposes, or the user who completes the purchase in the exercise of his own business. The customer/purchaser, before proceeding with the order, will specify its quality and the purpose of the purchase.

   3. The expression "online sales contract" means the sales contract relating to the Seller's services and movable tangible goods, entered into between the latter and the Buyer within the context of a distance selling system using telematic tools, organized by the Seller.

Art. 2 – Object of the contract

2.1. With this contract, respectively, the Seller sells and the Buyer purchases remotely via telematic tools the goods indicated and offered for sale on its website www.sangiorgioarte.it;

2.2. The products referred to in the previous point are illustrated on the web page: www.sangiorgioarte.it/shop-online.

Art. 3 – Methods of concluding the contract

3.1. The contract between the Seller and the Buyer is concluded exclusively online, by accessing the Buyer at the address www.sangiorgioarte.it, where, following the procedures indicated, the Purchaser will arrive at formalizing the purchase and/or the proposal for the purchase of the goods and/or services referred to in point 2.1 of the previous article. After accessing the shop, the buyer must follow the instructions indicated to formalize the purchase, by filling in the format prepared by the seller, if he intends to complete the purchase.

Art. 4 – Conclusion and effectiveness of the contract

4.1. The Contract between the Seller and the Buyer will be concluded exclusively online.

After accessing the Shop, the Purchaser must follow the procedures/instructions indicated therein to formalize the purchase of the goods and/or services by filling in the formats prepared by the Supplier.

If intending to purchase online, the Buyer must duly select the desired goods and/or services, one at a time, by placing them in the cart configured by the Seller.

Once the desired goods and/or services have been selected, the Purchaser will be asked to close his/her cart by forwarding the list of desired works to the Seller. Before forwarding, a form will be displayed to confirm the purchase order for the selected goods, with an indication of the relative prices, as well as the options given to the Purchaser, who will be responsible for identifying the delivery, transport and payment methods for carrying out the contract. Through the order confirmation, the Purchaser undertakes to check and validate, before sending it, his personal data, the goods covered by the Contract, their prices, with any shipping costs and/or accessory charges, confirming the methods and the chosen payment terms, the delivery address, as well as any other requested data. The format of the order confirmation informs the Purchaser in advance about the execution times of the Contract, drawing attention to the right of withdrawal, as well as to the other faculties reserved by law to the Purchaser.

Once the required checks have been performed, it will finally be up to the Purchaser to select the interactive button - present at the bottom of the web page - by clicking on the box "Confirm purchase order with obligation to pay", thus forwarding the order to the Seller.

4.2. The online publication of goods and/or services via the Site constitutes a simple invitation to offer for the Purchaser to formulate a purchase proposal; in this sense, the Purchaser's order, previously confirmed by the same, constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale, which the Purchaser declares to know and accept. The order confirmation - punctually filled in and checked as instructed - will be confirmed by the Seller with a receipt to the Buyer's e-mail address for the sole purpose of confirming its receipt in the Seller's computer system, which will thus start processing the order , verifying the data provided by the Purchaser, such as the availability of what is requested.

The Seller's receipt does not constitute acceptance of the purchase offer.

This receipt - with the attached "Order Number" to be used in any communication with the Seller - re-proposes, in addition to the information required by law, all the above data, which the Purchaser will still verify by promptly communicating to the Supplier any correction of the case. If the incorrect indication of the prices or other characteristics of the goods promoted online is found, such as the unavailability of the requested goods, the Seller will promptly notify the Purchaser, inviting him to carry out - if still interested - correction of the order, or upon cancellation of the previous one, a new order, according to the methods that will be promptly communicated.

4.3. The Supplier has the right to accept, or not, the order sent by the Purchaser, without the latter being able to advance rights and/or claims of any kind, in any capacity, including compensation, for the non-acceptance of the order itself.

The Contract will only be concluded when a separate e-mail (or message in the communication center on the Site or equivalent) of acceptance of the purchase proposal will be sent, which will also contain information relating to the shipment and the expected delivery date (Confirmation of Shipping).

If the order is processed in several shipments, the Purchaser may receive separate and distinct Shipping Confirmations. The Buyer may, however, cancel his order before having received the Shipping Confirmation, provided that the order has not been prepared for the shipping process.

In this case no cost will be charged. In any case, the right of withdrawal is subject to the terms and conditions indicated below.

4.4. Upon receipt of payment for the requested goods, the Seller will proceed to issue the relevant tax document and ship the purchased product.

4.5. The Contract will not be concluded, remaining devoid of any effect, if the procedure referred to in this article is not complied with on time.

4.6. For any error, misprint or problem in completing the online formats and, more generally, in carrying out the purchase procedures prepared by the Supplier, the Purchaser is invited to contact, without delay, the following telephone numbers: 080/5468864 ; 340/5903641, or by mail to the ordinary email address: direzione@sangiorgioarte.it.

Art. 5 – Methods of payment and reimbursement

5.1. Each payment by the Purchaser can only be made by means of one of the methods indicated on the specific web page of the Seller.

5.2. Any reimbursement to the Purchaser will be credited through the same payment system chosen during the purchase phase or through one of the methods proposed by the Seller and chosen by the Purchaser.
5.3. All communications relating to payments take place on a special line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.

Art. 6 – Delivery times and methods

6.1. After concluding the purchase, the Seller will pack the item and ship it using the methods chosen by the Buyer or indicated on the website at the time the item is offered, as contained in the email referred to in point 4.2.
6.2. Shipping times, as an indication and not mandatory, may vary from the day of receipt of payment to a maximum of ten working days from the same deadline. In the event that the Seller is unable to carry out the shipment within this period, prompt notice will be given by e-mail to the Buyer. The delivery times by the courier (about four days) must be added to the days indicated.

6.3. The Seller will not be responsible for any delays and/or damages by the couriers, attributable to external causes or force majeure.

6.4. If the mode is chosen manual collection, the Purchaser can go directly to the Gallery, in Bari, Via Sparano n. 79, and collect the purchased products.

Article 7 - Prices

7.1. All sales prices of the products displayed and indicated on the website www.sangiorgioarte.it are expressed in euros.

7.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and any accessory charges, if any, are borne by the Gallery. 7.3. The prices indicated for each of the goods and services offered to the public are valid until the date indicated in the catalog and/or until they are sold on the page www.sangiorgioarte.it/shop-online.

Art. 8 – Products offered

8.1 The art objects purchased are shipped with authentication or official archive of the artist if they are present, or alternatively with a certificate of authenticity signed by the artist (if living) and provenance in accordance with the Law of 20.11.1971 n. 1062 art.2, containing the identification data of the asset, the author and the characteristics of the work itself. The sale of art objects, indicated with the wording "multiples" is to be understood as the sale of numbered serial works; for this reason the proposed photo is only explanatory of the subject and the numbering may not correspond to the one that will be sent in case of purchase.

8.2. Through the telematic system used, the Seller ensures the processing and fulfillment of orders without delay and the continuous updating of the catalog of goods and services available.

8.3. The Seller's computer system confirms the order's registration as soon as possible by sending the Buyer a confirmation by e-mail, pursuant to the article in point 4.2.

Art. 9 – Limitations of liability

9.1. The Seller assumes no responsibility for disservices attributable to force majeure in the event that it fails to execute the order within the timescales set out in this contract.
9.2. The Seller cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control.
9.3. Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred .
9.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has adopted all the possible precautions on the basis of the best science and experience of the moment and on the basis of ordinary diligence.

Art. 10 – Purchaser's obligations

10.1.  The Purchaser undertakes to pay the price of the goods purchased no later than 7 working days from the order confirmation.

10.2. The buyer declares to have examined and accepted the information contained in this contract, before confirming the purchase. The forwarding of the purchase order implies full knowledge and acceptance of these general conditions of sale.

10.3 After completing the online purchase, the customer will print and keep these general conditions of sale, which have already been viewed and accepted for the purpose of concluding the contract.

Article 11 – Right of withdrawal

11.1. The Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days, starting from the day of receipt of the purchased goods.

11.2. If the Purchaser decides to exercise the right of withdrawal, he must notify the Seller by e-mail to the address direction@sangiorgioarte.it. Not having received confirmation from the Seller within 48 hours, please contact one of the following telephone numbers 080/54688864- 340/5903641 to make sure that the e-mail has been received correctly.
11.3. The return of the goods must take place at the buyer's expense with a traceable shipping system, following the confirmation by the Seller of the acceptance of the withdrawal, no later than 14 days from the same, through the methods indicated in the e-mail received by the Purchaser in this communication phase. In any case, to be entitled to a refund of the price paid net of shipping costs incurred by the Seller, the goods must be returned intact and, in any case, in a normal state of conservation.

11.4. The costs incurred by the Purchaser for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller.
11.5. The Seller will refund the above within 14 days of receipt in its warehouse of the goods intact and in normal condition. The reimbursement to the Purchaser will take place through the same payment system chosen during the purchase phase or through one of the methods proposed by the Seller and chosen by the Purchaser.

11.6 With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.

Art. 12 – Reasons for termination

12.1. The obligations pursuant to art. 10 of this contract, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Seller in point 6, are essential , so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract former art. 1456 of the civil code, without the need for a judicial ruling.

Art. 13 – Protection of confidentiality and treatment of the Purchaser's data
13.1. The Seller protects the personal data of its customers and guarantees that data processing is carried out in compliance with the legislation on privacy pursuant to Legislative Decree no. 196/2003, of the art. 13 of EU regulation no. 2016/679 (so-called GDPR) and Legislative Decree 101/2018.
13.2 Further information on the methods of collection and processing of personal data can be found in the Privacy Policy and in the Cookie Policy published on the site www.sangiorgioarte.it.

13.3. The personal and fiscal personal data acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods with the aim of registering the order and activating in its compare the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service and additional services indicated in the Privacy Policy.

13.4. The Seller undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be shown only at the request of the Judicial Authority or other authorities authorized by law.
13.5. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain the indication:
a) the origin of the personal data; b) the purposes and methods of processing; c) of the logic applied in case of treatment carried out with the aid of electronic instruments; d) of the identification details of the owner, of the managers and of the designated representative pursuant to art. 5, paragraph 2; e) of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as designated representative in the territory of the State, managers or agents.

The interested party has 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 unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) just above 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 in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right.
The interested party has the right to object, in whole or in part: a) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; b) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.

13.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.

13.7. The The owner of the collection and processing of personal data is the Seller, to whom the Purchaser may address any request at the company headquarters.

Art. 14 – How to archive the contract

14.1. Pursuant to art. 12 of Legislative Decree 70/2003, paragraph 1, letter b), the Seller informs the Purchaser 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.

Art. 15 – Communications and complaints

15.1. Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address: SanGiorgioArte art gallery, via Sparano n.79, 70121 Bari – or sent via PEC to the address  sangiorgioarte@pec.it The Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Seller to be sent.

Art. 16 – Applicable law and competent court

16.1. This contract is regulated by the Italian law.

For the purposes of identifying the competent court, the nature of the purchaser must be considered.

If it were a consumer, the competent court will be that of the consumer. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005.

 Each purchase transaction will be governed by the provisions of Legislative Decree 206/2005 and, in particular, those referred to in Section II, Part III relating to distance contracts.

16.2. The parties expressly agree that, if the buyer is not a consumer, the court competent to hear all disputes arising from this contract will be the court of Bari.

For anything not expressly provided for in these general conditions of sale, reference is made to the civil code and to the legislative and regulatory provisions in force in the Italian legal system.