Terms and conditions of sale
Art. 1 - General provisions
1. By browsing this area, the user accesses Emporium, accessible via the URL: https://www.emporiumart.com. Navigating and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site as indicated therein.
2. These General Terms and Conditions of Sale apply to the sale of products exclusively with reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by
3. The user is required, before accessing the products provided by the site, to read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which Emporium reserves the right to modify unilaterally and without any prior notice.
5. It is possible to use the site and thus access products provided by it and purchase them in the following languages:
Art. 2 - Object
1. These General Terms and Conditions of Sale govern the offer, forwarding, and acceptance of purchase orders for products on Emporium and do not govern the provision of services or the sale of products by parties other than the seller that are present on the same site through links, banners, or other hyperlinks.
2. Before placing orders and purchasing products and services from different parties, we suggest verifying their terms of sale.
Art. 3 - Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill out the form in electronic format and submit it following the relevant instructions.
2. It contains a reference to the General Terms and Conditions of Sale, images of each product and the respective price, the payment methods that can be used, the delivery methods of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale, including the information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, after verifying the correctness of the data contained therein.
5. The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will occur by clicking the "Pay now" button at the end of the guided procedure.
6. Once the contract is concluded, the seller processes the order for fulfillment.
Art. 4 - Registered users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. The confirmation will in any case exempt Emporium from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Emporium of any changes to their data communicated at any time.
3. Should the user provide incorrect or incomplete data, or in the event of a dispute by the interested parties regarding the payments made, Emporium shall have the right not to activate or to suspend the service until the related deficiencies are remedied.
4. Upon the user's first request to activate a profile, Emporium will assign them a username and a password. The user acknowledges that these identifiers constitute the system for validating the user's access to the Services and the only system suitable for identifying the user, and that the actions performed through such access will be attributed to them and will have binding effect on them.
5. The user undertakes to keep their access data confidential and to safeguard them with due care and diligence, and not to transfer them, even temporarily, to third parties.
Art. 5 - Product availability
1. The availability of products refers to the actual availability at the time the buyer places the order. However, this availability should be considered purely indicative because, due to the simultaneous presence of multiple users on the site, the products may be sold to other customers before the order is confirmed.
2. Even after the order confirmation email is sent, there may be cases of partial or total unavailability of the goods. In this event, the order will be automatically adjusted by removing the unavailable product and the buyer will be immediately informed via email.
3. If the buyer requests the cancellation of the order, terminating the contract, Emporium will refund the amount paid within 30 days from the moment Emporium becomes aware of the buyer's decision to terminate the contract.
Art. 6 - Products offered
1. Emporium sells:
Limited edition art prints, lithographs, serigraphs, etchings, art books, multiples, drawings, paintings, sculptures.
2. The offer is detailed on our website at the link: https://www.emporiumart.com
Art. 7 - Payment methods and prices
1. The price of the products will be as indicated from time to time on the site, except where there is an obvious error.
2. In case of an error, Emporium will notify the buyer as soon as possible, allowing the confirmation of the order at the correct amount or its cancellation. In any case, Emporium will not be obliged to provide the goods sold at the erroneously indicated lower price.
3. The prices on the site include VAT and do not include shipping costs. Prices may change at any time. Changes do not affect orders for which an order confirmation has already been sent.
4. Once the desired products are selected, they will be added to the cart. Simply follow the instructions for purchase, entering or verifying the required information at each step of the process. Order details can be modified before payment.
5. Payment can be made via:
Credit cards (Visa, MasterCard, American Express), Debit cards (Visa Debit, American Express Debit), PayPal, Bank transfer
Art. 8 - Delivery
1. Emporium ships throughout the Italian territory, excluding the Vatican City State and the Republic of San Marino.
2. Emporium will make its deliveries both to the address provided by the user and to the pickup points indicated at the time of purchase.
3. Delivery is made, for the Italian territory, generally within 1-3 working days, or, if no delivery date is specified, within the estimated time at the moment of selecting the delivery method and, in any case, within a maximum period of thirty days from the date of confirmation.
4. As for the countries of the European Union, delivery will be made within 3-5 working days, and in any case, within a maximum period of thirty days.
5. In non-EU territories, delivery will take approximately 5-15 business days.
6. If delivery is not possible, the order will be sent to the warehouse. In such an event, a notice will specify the location of the order and the procedures to arrange a new delivery.
7. If you are unable to be present at the delivery location at the agreed time, we ask you to contact us again to arrange a new delivery date.
8. If delivery cannot take place for reasons not attributable to us after thirty days from the date the order is available for delivery, we will assume that the contract is intended to be terminated.
9. As a result of the termination, the amounts will be refunded, including delivery costs, excluding any additional costs arising from the choice of a delivery method other than the standard method offered, without undue delay and, in any case, within 30 days from the date of termination of the contract. The transportation resulting from the termination of the contract may incur additional costs that will be borne by the buyer.
10. Shipping costs are the responsibility of the buyer and are explicitly highlighted at the time of placing the order.
Art. 9 - Passing of risk
1. The risks related to the products will be transferred to the buyer from the moment of delivery. Ownership of the products is considered acquired once full payment of all amounts due in relation to them, including shipping costs, has been received, or at the time of delivery if this occurs at a later date.
Art. 10 - Guarantee and commercial compliance
1. The seller is responsible for any defects in the products offered on the site, including the non-conformity of the items to the ordered products, in accordance with the provisions of Italian law.
2. If the buyer has entered into the contract as a consumer, meaning any natural person acting on the site for purposes unrelated to any business or professional activity that may be carried out, this warranty is valid provided that the defect appears within 24 months from the date of delivery of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date the defect was recognized by them; that the online return form is correctly filled out.
3. In the event of non-conformity, the buyer who has entered into the contract as a consumer shall be entitled to have the products brought into conformity free of charge, through repair or replacement, or to obtain an appropriate price reduction or the termination of the contract with regard to the disputed goods and the consequent refund of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 - Recess
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. The user who wishes to exercise the right of withdrawal from the purchase may send an email, indicating the order number and the user's name, to info@emporiumart.com
4. The buyer must exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by submitting the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014, which is not mandatory.
5. The goods must be returned to Via Leopoldo Tiberi 3, 06123, Perugia
6. The goods must be returned intact, in the original packaging, complete in all its parts and with the attached fiscal documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.
7. As provided by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until the receipt of the goods or until the buyer has demonstrated that they have returned the goods.
8. The right of withdrawal will not apply in the event that the services and products of Emporium are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will process the refund using the same payment method chosen by the purchaser at the time of purchase. In the case of payment made by bank transfer, and if the purchaser intends to exercise their right of withdrawal, they must provide the bank details: IBAN, SWIFT, and BIC necessary for the refund to be processed.
Art. 12 - Data processing
1. The buyer's data is processed in accordance with the provisions of the personal data protection regulations, as specified in the dedicated section containing the information pursuant to art. 13 of EU Regulation 2016/679 (Privacy Policy).
Art. 13 - Safeguard clause
1. In the event that any clause of these General Terms and Conditions of Sale is null for any reason, this shall not in any way affect the validity and compliance with the other provisions contained in these General Terms and Conditions of Sale.
Art. 14 - Contacts
1. Any request for information can be sent via email to the following address info@emporiumart.com, by phone to the following phone number: +39 3407000909, and by mail to the following address: Via Leopoldo Tiberi 3, 06123, Perugia.
Art. 15 - Applicable law and competent court
1. These General Terms and Conditions of Sale are governed by Italian law and interpreted accordingly, without prejudice to any prevailing mandatory provisions of the country of the purchaser's habitual residence. Consequently, the interpretation, execution, and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law.
2. Any disputes arising from and/or related to the same shall be exclusively resolved by the Italian judicial authority. In particular, if the buyer qualifies as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These terms and conditions were drafted on 10/26/2020.