General terms and Conditions of sale

Article 7 – Delivery of goods, costs

• The Supplier accepts the Purchaser’s orders within the limits of the quantities of the products requested being present in the warehouse. Therefore, delivery of the products requested in the purchase proposal forwarded by the Purchaser is subject to the stock availability of the products themselves. The Supplier undertakes to promptly notify the Purchaser of any unforeseeable stock-outs due to excess demand or other causes. In order to maintain the efficiency of the service and should the conditions arise, the Supplier reserves the right to use an Express Courier of the Supplier’s choosing.
• The Supplier shall deliver the products to the address indicated by the Purchaser within the time specified in the courier shipment details or in any case within 30 (thirty) days from the conclusion of the Contract.
• If the Supplier is not able to deliver within the above-mentioned term, the Purchaser will be promptly notified by email or by telephone, provided that such contact details were entered during the online registration procedure and in the completion of the order.
• No liability may be ascribed to the Supplier in the event of any delay in the execution of the order or in the delivery of what has been ordered in the event of shortcomings on the part of the delivery courier.

Delivery costs shall be borne by the recipient and explicitly highlighted at the time the order is placed, with the exception of any promotional initiatives that foresee delivery costs being borne by the Supplier. Such promotional initiatives, if any, will be reported on the Site and clearly illustrated in the payment methods on the basis of specific promotions. Payment of goods by the Purchaser shall be made using the method chosen when placing the order. Any additional customs duties and/or taxes on the sale, necessary for importing the goods into foreign territory shall be borne by the consignee of the shipment. The delivery of goods is understood to be ‘at street level’ unless otherwise stated, e.g.:

• during completion of the order procedure;
• for reasons laid out in the product info sheet
• the explicit purchase of doorstep delivery, where applicable.

Upon delivery of the goods by the courier, the Purchaser is invited (and indeed required) to check:

1. that the number of packages actually delivered corresponds to the number indicated in the transport document;
2. that the packaging is intact in all its parts, not damaged nor affected by weather events or in any other way altered.

Important: Any discovery of damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately notified, by placing a written damage note (specifying the reason for the note, e.g. ‘package pierced’, ‘packaging crushed’, etc.) on the courier’s proof of delivery form. Once the courier’s document has been signed, the Purchaser waives the right to raise any objection regarding the external characteristics of the package delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within seven days of delivery, according to the procedures laid out herein.

In the event of failure to collect any material in stock at the courier’s warehouses within five working days due to repeated impossibility of delivery to the address indicated by the Customer when placing the order, the goods ordered shall be returned to the Supplier’s warehouses. Arrangements will be made for re-delivery and relative additional shipping costs.

Article 8 – Import duties

  Deliveries outside Italy (USA and extra UE) may be subject to additional import duties, taxes or delivery charges, which are levied once a shipment reaches your country.These may vary by destination and the Uffizi Shop is not responsible for paying these charges, in the event of failed customs clearance we will not refund the shipping costs, only the product.

Article 9 – Right of withdrawal

9.1. Right of Withdrawal If the Buyer is a Consumer (i.e., a natural person purchasing goods for purposes unrelated to their professional activity, or who makes the purchase without indicating a VAT number in the order form), they are entitled to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within 14 days from the date of receipt of the goods. The right of withdrawal applies to the product purchased by the Consumer in its entirety. It is not possible to exercise the right of withdrawal only on part of the purchased product (e.g., accessories, attachments, movable parts, etc.). 9.2. Withdrawal Procedure To exercise the right of withdrawal, the Consumer must send the Supplier a written communication within 14 days from the date of receipt of the goods, by certified email (PEC) or registered letter with return receipt to the addresses indicated in Article 1. The registered letter is deemed sent in due time if delivered to the accepting post office within this term. The communication may also be sent within the same term by email to: help.gifts@labiennale.org , but in this case it must be confirmed by registered letter or PEC within the following 48 hours. Once the withdrawal notice has been received, the Supplier will promptly inform the Buyer of the instructions for returning the goods and will assign a unique return authorization code (RMA). 9.3. Effects of Withdrawal In the event of withdrawal, the Supplier will reimburse the Consumer for all payments received, including delivery costs, within 14 days from the day it is informed of the decision. The refund will be made by cancelling the amount charged to the credit card or by bank transfer. In the latter case, it is the Buyer’s responsibility to promptly provide the bank details for the reimbursement (ABI – CAB – account number of the invoice holder). The Supplier may withhold the refund until the goods have been received or until the Consumer has provided proof of having returned them, whichever occurs first. The goods must be returned intact, complete with all their parts and in the original packaging (bags and boxes), stored and possibly used with normal diligence, without signs of wear or dirt, in compliance with the conditions mentioned above. If the returned item is damaged or shows signs of wear due to handling not strictly necessary to determine its nature, characteristics, or functioning, the Supplier will deduct from the refund an amount corresponding to the reduction in value. 9.4. Consumer Obligations in Case of Withdrawal The Consumer must return the goods without undue delay and in any case within 14 days from the date on which they communicated the withdrawal, following the Supplier’s instructions. The purchased goods must be returned intact, complete in all parts, and packaged in the original, complete packaging (including any documentation and accessories). To prevent damage to the original packaging, labels or adhesive tape must never be applied directly to it. We also recommend placing the original packaging inside a second box, on which the return address should be applied. Return shipping costs are borne by the Consumer; any additional charges highlighted at the time of the order will not be refunded. Until receipt of the goods in our warehouse is certified, the shipment is under the full responsibility of the Consumer. The Supplier will not be liable in any way for damage, theft, or loss of returned goods shipped without insurance; in case of damage during transport, the Supplier will notify the Consumer of the incident (within 5 business days from receipt of the goods in its warehouse) so that they may promptly file a complaint with the chosen courier and obtain reimbursement for the value of the goods. In such cases, the product will be made available to the Consumer for collection, and the withdrawal request will be cancelled. Upon arrival at the warehouse, the goods will be inspected for any damages or tampering not resulting from normal transport procedures. If the original packaging and/or inner packaging is damaged, the Supplier will deduct a percentage from the refund due to the Consumer. This percentage (considered a contribution to restoration costs) shall not exceed 10% of the refund. 9.5. Exclusions from the Right of Withdrawal The right of withdrawal is excluded in the cases provided for by Article 59 of Legislative Decree 206/2005, including, by way of example: • supply of personalized or custom-made goods; • sealed goods not suitable for return for hygiene or health protection reasons and that have been opened after delivery; • goods that may deteriorate or expire rapidly; • sealed audio/video recordings or computer software that have been opened by the consumer; • supply of digital content not provided on a tangible medium, once execution has begun with the Consumer’s express agreement. The right of withdrawal is completely forfeited, due to the essential requirement of product integrity (packaging and contents), in cases where the Supplier verifies even one of the following: • improper use of the product compromising its integrity, or use of consumable materials related to the product; • missing external packaging and/or original internal packaging; • missing integral parts of the product (accessories, cables, manuals, components, etc.); • damage to the product for reasons other than transport, including partial or total tampering with the product or any of its parts. In the event of forfeiture of the right of withdrawal, the goods will remain at the Supplier’s premises, available for collection by the Consumer at their own expense.

Article 10 – Warranty

All products sold by the Supplier through the Site are covered by the conventional manufacturer’s warranty and by the 24-month warranty for conformity defects, pursuant to Legislative Decree 206/05. To benefit from the Warranty, the Purchaser must conserve the proof of payment received by email. Exercise of the Warranty may involve requesting assistance from Authorised Service Centres in the territory and/or following the procedures outlined in the documentation found inside the product packaging. The manufacturer’s conventional warranty is provided in the manner outlined in the documentation inside the product packaging. In the event that, following intervention by an Authorised Service Centre, the defect proves to be not covered by the manufacturer’s conventional warranty, the Purchaser may be charged for the costs of verification and repair required by the Authorised Service Centre and any transport costs, if incurred by the Supplier. The 24-month warranty pursuant to Legislative Decree no. 206/05 applies to products that feature a conformity defect, provided that the product itself is used correctly, in compliance with its intended use and with the provisions of the enclosed technical documentation. This warranty is reserved for Purchasers who are private Consumers (natural persons who purchase the goods for purposes not related to their professional activity, i.e. they make the purchase without indicating a VAT number on the order form). In the event of a conformity defect, the Supplier shall, at no cost to the Purchaser, restore the conformity of the product by repair/replacement or reduction of the price, up to termination of the contract. In the event that, following repair by an Authorised Assistance Centre, the defect does not turn out to be a conformity defect within the meaning of Legislative Decree 206/05, the Purchaser may be charged for any verification and restoration costs requested by the Authorised Assistance Centre, as well as transport costs if incurred by the Supplier. Replacements in the event of DOA (Dead On Arrival: product not working on delivery) are only granted if specifically foreseen by the manufacturer. The timing of replacement or repair of the product depends exclusively on the manufacturer’s policies. In the event that, for any reason, the Supplier is unable to return a product under warranty (repaired or replaced) to the Purchaser, the Supplier may proceed at their own discretion to refund the amount paid, taking into account the use of the goods, or to replace it with a product of equal or superior characteristics. The time required to repair or replace the product depends exclusively on the manufacturer’s policies, and no damages may be claimed from the Supplier for any delays in repair or replacement. In cases where the application of warranties foresees the return of the product, the goods must be returned by the Purchaser in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc. …). In order to limit damage to the original packaging, we recommend placing it in a second box; in all cases, the affixing of labels or adhesive tape directly onto the original product packaging must be avoided. The Purchaser will be provided with a product return authorisation number (RMA) that must be indicated on the outside of the packaging, following the instructions provided directly in the relative email of authorisation.

Article 11 – Miscellaneous elements

Restrictions of access to the Site

The Supplier reserves the inalienable right to inhibit access to the Site at any time and without prior notice, either in full or limited to certain functionalities, and to revoke the customer account of Purchasers who have been found to have payment irregularities, non-payment, provoked online image damage, used obscene, vulgar or inappropriate language for comment and review functions, made repeated and continuous unsuccessful order attempts, carried out IT attacks or any other activity, explicit or implicit, that may cause direct or indirect damage to the Supplier and/or the Site.

Complaints

Any complaints must be made in writing, by email to help.gifts@labiennale.org

Out-of-court online dispute resolution

In accordance with EU Regulation 524/2013, the Purchaser is informed of the option to refer the resolution of any dispute with the Supplier concerning the offer and purchase of the goods and/or services promoted online to bodies/companies/offices active in Alternative Dispute Resolution (so-called ADR), also through simple, fast and inexpensive web procedures (so-called ODR Online Dispute Resolution). The European platform for Online Dispute Resolution can be accessed at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

Place of jurisdiction

The distance sales contract between the Purchaser and the Supplier is to be considered stipulated and concluded in Italy and therefore governed by Italian law. When the Purchaser is a consumer, all civil and/or criminal disputes relating to the application, execution, interpretation and breach of the distance sales contract shall be under the territorial jurisdiction of the court where the Purchaser has his/her residence or domicile, if located in the territory of the Italian State. In all other cases (e.g. if the Purchaser has his residence or domicile abroad), the territorial jurisdiction is exclusively that of the Court of Florence.

Processing of personal data (privacy)

The Supplier protects the personal data of Purchasers, guaranteeing full compliance of their processing with the legislation of reference and, in particular, with EU Regulation 679/2016 as well as relevant national regulations (Privacy Code as last amended by Legislative Decree 101/2018). Referring to the information on the processing of personal data on the Site and the relative Extended Information on the use of cookies for further details, it is anticipated that the personal data acquired directly and/or indirectly through the Site will be collected and processed electronically and, where appropriate, on paper, with the following main purposes: i) to register the order, ii) to proceed with the execution of the Contract and relative communications, iii) to comply with legal obligations, iv) to manage business relationships in order to better carry out the services requested. The correct and timely communication of the Purchaser’s personal data is a necessary condition for the timely honouring of the Contract by the Supplier who, failing this, will be unable to process the Purchaser’s order