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. Browsing and submitting a purchase order on the site imply acceptance of the Terms and Data Protection Policies adopted by the site and 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 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 considered 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 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 - Subject
1. These General Terms and Conditions of Sale govern the offer, submission, and acceptance of purchase orders for products on Emporium and do not govern, instead, the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners, or other hyperlinks.
2. Before submitting orders and purchasing products and services from different parties, we suggest verifying their sales conditions.
Art. 3 - Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill out the electronic form and submit it following the related instructions.
2. It contains the reference to the General Terms and Conditions of Sale, images of each product and the related 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, the user will be asked to confirm that they 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 happen by clicking the "Pay now" button at the end of the guided procedure.
6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.
Art. 4 - Registered users
1. When 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 liability 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. If the user then provides incorrect or incomplete data or even in the case of disputes by the interested parties regarding payments made, Emporium will have the right not to activate or to suspend the service until the related deficiencies are remedied.
4. On the occasion of the user's first request to activate a profile, Emporium will assign the same username and a password. The latter acknowledges that these identifiers constitute the system for validating the user's access to the Services and the only system suitable to identify the user, so that the acts 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 it with due care and diligence and not to transfer it even temporarily to third parties.
Art. 5 - Product availability
1. The availability of products refers to the actual availability at the moment the buyer places the order. This availability must still be considered purely indicative because, due to the simultaneous presence of multiple users on the site, products could be sold to other customers before the order confirmation.
2. Even after sending the order confirmation email, cases of partial or total unavailability of the goods may occur. 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 became aware of the buyer's decision to terminate the contract.
Art. 6 - Offered products
1. Emporium markets:
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 the one indicated from time to time on the website, except where there is an obvious error.
2. In case of error, Emporium will notify the buyer as soon as possible, allowing confirmation of the order at the correct amount or 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 apply to orders for which order confirmation has already been sent.
4. Once the desired products are selected, they will be added to the cart. Simply follow the purchase instructions, 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 deliveries both to the address provided by the user and to the pickup points indicated at the time of purchase.
3. Delivery is generally made within 1-3 working days for the Italian territory, 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 confirmation date.
4. For European Union countries, 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 working days.
6. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the location of the order and the methods 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 except for any additional costs arising from the choice of a delivery method different from the ordinary method offered, without undue delay and, in any case, within 30 days from the date of contract termination. The transportation resulting from the contract termination may have additional costs that will be borne by the buyer.
10. Shipping costs are borne by the buyer and are explicitly highlighted at the time of placing the order.
Art. 9 - Transfer of risk
1. The risks related to the products shall pass to the buyer from the moment of delivery. Ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them, including shipping costs, is received, or at the time of delivery if this occurs later.
Art. 10 - Warranty and commercial conformity
1. The seller is responsible for any defects in the products offered on the site, including non-compliance of the items with the ordered products, pursuant to the provisions of Italian law.
2. If the buyer entered into the contract as a consumer, meaning any natural person acting on the site for purposes unrelated to any entrepreneurial or professional activity 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 on which the defect was recognized by them; and that the online return form is correctly completed.
3. In case of non-compliance, the buyer who entered into the contract as a consumer shall have the right to obtain the restoration of the conformity of the products at no cost, through repair or replacement, or to obtain an appropriate price reduction or the termination of the contract concerning the contested goods and the consequent refund of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 - Withdrawal
1. In accordance with the applicable legal provisions, 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 statement 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 sent back to Via Leopoldo Tiberi 3, 06123, Perugia
6. The goods must be returned intact, in the original packaging, complete in all 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 receipt of the goods or until the buyer has demonstrated that the goods have been returned.
8. The right of withdrawal shall not apply if Emporium's services and products fall within the categories of art. 59 of Legislative Decree 206/2005.
9. The site will execute the refund using the same payment method chosen by the buyer at the time of purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise their right of withdrawal, they must provide the bank details: IBAN, SWIFT, and BIC necessary for the refund.
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 EU Regulation 2016/679 (Privacy Policy).
Art. 13 - Salvage 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 of the other provisions contained in these General Terms and Conditions of Sale.
Art. 14 - Contacts
1. Any request for information can be sent by email to the following address info@emporiumart.com, by phone to the following telephone 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, subject to any prevailing mandatory provisions of the buyer's habitual country of residence. Consequently, the interpretation, execution, and resolution of the General Terms and Conditions of Sale are exclusively subject to Italian law.
2. Any disputes related to and/or resulting from these shall be resolved exclusively by the Italian judicial authority. In particular, if the buyer qualifies as a Consumer, any disputes shall be resolved by the court of the buyer's domicile or residence according to the applicable law.
These conditions were drawn up on 26/10/2020.