General terms and Conditions of sale
ARTICLE 1 – The Supplier and the e-ShopThese General Terms and Conditions of Online Sales (hereinafter referred to simply as the ‘General Terms and Conditions’) apply to web transactions handled via the site gifts.labiennale.org (hereinafter referred to simply as the ‘Site’) and govern the provision and sale of goods and services promoted online by: Orbital Cultura srl (hereinafter referred to simply as the ‘Supplier’) with registered office in Firenze – Policarpo Petrocchi Street N°24 tax code 04766270484 VAT number IT10542790968 and place company is registered (Chamber of Commerce) Firenze with reg. no. 04766270484 and with registered email address email@example.com
Article 2 – Nature and acceptance of general terms and conditions of saleThese General Terms and Conditions, and in particular the information referred to in Article 49 of the Consumer Code, as cited on the Site, shall remain valid and effective until amended or supplemented by the Supplier. The latest version of the General Terms and Conditions is that available from the Site. Any amendments or additions shall become effective from the date they are published on the Site. Any purchase made on the Site shall be governed by these General Terms and Conditions and shall fall within the concept of the DISTANCE CONTRACT, which Article 45, letter g of Legislative Decree No. 206 of 6 September 2005, ‘Consumer Code’, defines as any contract concluded between the trader and the consumer for the organised provision of sales or service over a distance, i.e. without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of long-distance communication up to and including the conclusion of the contract itself.
Article 3 – Conclusion of the contractThe Contract is finalised exclusively online by notifying the Purchaser (who has made a purchase proposal by providing the data necessary for the registration procedure, including name, purchase order and chosen method of payment) that the purchase proposal has been accepted. Correct receipt of the order is confirmed by the Supplier by means of an email reply, sent to the email address provided by the Purchaser at the time of ordering. The ‘Customer Order Number’, shown in the confirmation message together with the date and time of receipt of the order must be cited in any further communication with the Supplier. The Purchaser undertakes to verify the correctness of all the data entered. The Supplier’s confirmation, together with the online publication of these General Terms and Conditions, constitutes “confirmation of the contract concluded on a durable medium” in keeping with the meaning given in Article 51, paragraph 7 of Legislative Decree 206/2005. If the Purchaser is a natural person purchasing the goods for non-commercial purposes or purposes related to their professional activity, once the online purchase procedure has been concluded s/he is obliged to keep these General Terms and Conditions, in compliance with the provisions of the regulations on distance selling, by printing or saving an electronic copy of this contract. By placing an order, the Purchaser declares:
- that s/he is a consumer in accordance with that foreseen in art. 3 of the Consumer Code;
- that s/he is over 18 years of age;
- that any data provided for the purposes of the Contract are correct and truthful;
- that s/he has read all the information provided during the purchase procedure, and that s/he fully accepts the general and payment terms and conditions as laid out in the purchase procedure.
Article 4 – Products and ServicesThe product descriptions provided by the Supplier on the Site are for information purposes only and do not in any event constitute medical advice or professional opinion in general. All information is generally provided by the respective manufacturers or is deduced from publications freely accessible to the public. The Purchaser is obliged to carefully read the list of ingredients, the INCI list (where applicable) or any warnings and the instructions for use given on the packaging of the individual products before using them. Warranties are provided to the Purchaser solely and exclusively on the purchase of the products present in the Supplier’s electronic catalogue at the time of placing the order and viewable online on the Site. It is also specified that the images pertaining to a product description sheet may, in some cases, not be perfectly adherent to its characteristics but differ in certain details, such as size, colour or other accessory details that may be featured in the image. All the information reported and inherent to the purchase (terms, descriptions, purchase guide, etc.) are intended as mere generic information material, not referable to the specific characteristics of a single product. In the event of any discrepancies between the image of the goods and/or the representation of the services visible online and the relevant information sheet, provided in writing, the latter shall prevail in all cases. All products on sale and present in the Supplier’s electronic catalogue are available at the time of purchase, except in the case of unforeseen supply shortages on the part of the manufacturers and/or suppliers of the Supplier, due to computer errors, stock outages, unreported stock-outs, non-delivery due to carrier strikes, product non-compliance at the time of receipt and any other causes unforeseeable at the time of order acceptance. The Supplier reserves the right to partially reimburse items unavailable in orders already accepted, or the entire order in the event the missing reference comprises the entire order. Products with an upcoming expiry date: some products belonging to batches that are approaching their due date are periodically put on offer in the section (or ‘category’ of the Site) titled ‘Special Offers’. The expiry date is explicitly published at the time of purchase, under the heading ‘Best Before’, visible in the info sheet of each product. It is up to the Purchaser to check and judge as suitable such products prior to purchasing, and no claims or returns concerning the expiry date will be accepted under any circumstances.
Article 5 – Pricing and invoicingThe prices of each item are always inclusive of VAT. In the event of changes in VAT rates and other indirect taxes, the corresponding price changes shall be applied plus or minus the difference. Transport costs, included as a flat-rate contribution, are also subject to ordinary VAT. The prices stated in the catalogue are those which the Purchaser actually pays plus postage and packaging, as stated on the order form. The price of the products and shipping costs are expressed in euro. The resulting total price at the end of the order is inclusive of shipping costs, but not of any customs duties and/or additional sales taxes required for importing the goods into foreign territories. Any additional charges for customs clearance shall be borne exclusively by the recipient of the shipment. For each order placed on the Site, if the Purchaser has expressly so requested at the time of ordering and has provided a valid VAT number or tax code during the customer account registration, the Supplier shall issue an invoice for the material shipped, sending it by email to the holder of the order, pursuant to Article 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004. For the details given when the invoice is issued, the information provided by the Customer when placing the order shall apply. No changes to the invoice may be made after the invoice has been issued.
Article 6 – Payment methodsThe Purchaser may choose one of the following means of payment: by credit card.
Credit cardIn the event that the credit card is chosen as the method of payment, at the conclusion of the online transaction, the Purchaser’s bank will debit the amount for the purchase made.
- In the event of the order being cancelled, either by the Purchaser or in the event of non-acceptance of the order by the Supplier, the Supplier shall simultaneously request cancellation of the transaction and release of the amount due. The release times, for some types of cards, depend exclusively on the banking system and may range up to their natural expiry date (24th day after date of authorisation). Once the request for cancellation of the transaction has been made, under no circumstances may the Supplier be held liable for any damages, direct or indirect, caused by delay in the failure of the banking system to release the amount due.
- The Supplier reserves the right to debit the Purchaser’s credit card in order to avoid the expiry of the transaction authorisation, which occurs on the 23rd day.
- The Supplier reserves the right to ask the Purchaser for additional information (e.g. a landline telephone number) or to send copies of documents proving ownership of the card used. In the absence of the documentation requested, the Supplier reserves the right to reject the order.
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:
- that the number of packages actually delivered corresponds to the number indicated in the transport document;
- 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 – Right of withdrawal
Pursuant to Article 64 of Legislative Decree no. 206 of 6 September 2005, if the Purchaser is a consumer (i.e. a natural person who purchases goods for purposes not related to his professional activity, i.e., who does not make the purchase by indicating a VAT number on the order form to the Supplier), he is entitled to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty, within 10 working days from the date of receipt of the goods, subject to the provisions of Article 65 Legislative Decree 206/05 and subject to the following points:
a. the right applies to the product purchased by the Purchaser considered in its entirety. It is not possible to exercise withdrawal on only part of the purchased product (e.g.: accessories, attachments, moving parts, etc.);
b. pursuant to Article 55 of Legislative Decree no. 206 of 6 September 2005, the right of withdrawal does not apply:
- to contracts for the supply of foodstuffs, beverages or other goods for everyday household use supplied to the Customer’s home, place of residence or workplace by distributors making frequent and regular rounds;
- to contracts for the provision of services relating to accommodation, transport, catering or leisure, when at the conclusion of the contract the trader undertakes to provide these services on a given date or within a predetermined period.
Furthermore, the Customer may not exercise the right of withdrawal in cases of:
- the provision of services beginning – with the consumer’s agreement – prior to the expiry of the period foreseen in Article 64(1) of Legislative Decree No. 206 of 6 September 2005;
- the provision of goods or services whose price is linked to fluctuations in financial market rates that the trader is unable to control;
- the provision of goods made to measure or clearly personalised or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly;
- the provision of sealed audio-visual products or computer software items that are unsealed by the consumer;
- the provision of newspapers, journals and magazines;
- betting and lottery services.
c. Any purchased goods must be returned intact, complete in all their parts and packed in the original and complete packaging (including any documentation and accessory equipment). In order to limit damage to the original packaging, the affixing of labels or adhesive tape directly onto the original product packaging must be avoided at all costs. We also suggest that, when returning the product, it should be placed in a second box, on which the recipient’s return address should be affixed.
d. In accordance with the law, shipping costs relating to the return of the goods shall be borne by the Purchaser; furthermore, the costs of delivery to the Purchaser and any other ancillary costs highlighted at the time the order is placed shall not be reimbursed.
e. The shipping procedure, up to certification of receipt in our warehouse, shall be under the full responsibility of the Purchaser.
f. The Supplier shall not be liable in any way for damage or theft/loss of goods returned by uninsured shipments; in the event of damage to the goods during transport, the Supplier shall inform the Purchaser of what has happened (within five working days of receipt of the goods at its warehouses), to enable him/her to file a timely complaint against the carrier chosen by him/her and obtain reimbursement of the value of the goods. In this case, the product shall be made available to the Purchaser for its return, at the same time cancelling the request for withdrawal.
g. Upon its arrival at the warehouse, any damage or tampering to the product not attributable to normal transport procedures, will be assessed. If the packaging and/or original packing are damaged, the Supplier will deduct a percentage from the refund due to the Customer. This percentage (to be intended as a contribution to the restoration costs) shall in any case not exceed 10% of the price paid.
To exercise the right of withdrawal, the Purchaser must send the Supplier written notice within 10 working days of the date of receipt of the goods, by registered mail with acknowledgement of delivery to the address given in Article 1. The registered letter shall be deemed to have been sent in good time if it is delivered to the accepting post office within the terms foreseen by the code or the contract, if different. The notice may also be sent by registered email to the address given in Article 1.
The notice may also be sent within the same period by email addressed to: firstname.lastname@example.org but in this case it must be confirmed by registered mail or registered email within the following 48 hours.
Once the aforementioned notice of withdrawal has been received, the Supplier shall promptly provide the Purchaser with instructions on how to return the product, assigning a unique Return Merchandise Authorisation (RMA) code. The returned product must be received by the Supplier within 14 days of the authorisation.
The goods must be returned undamaged, complete with all parts and in their original packaging (envelopes or boxes), stored and, if necessary, used according to normal diligence, without any signs of wear or dirt, in compliance with the conditions of the points above.
If the returned goods are damaged or show signs of wear and tear related to handling that is not strictly necessary to immediately and directly establish their nature, characteristics and relative operation, the Supplier shall deduct from the refund an amount corresponding to the decrease in their value.
In the light of what is stated in the preceding paragraphs and subject to any repair costs for ascertained damage to the original packaging, the Supplier shall refund the customer the full amount already paid within 14 days from the return of the goods, by transferring the amount charged to the credit card or by bank transfer. In the latter case, it shall be the responsibility of the Purchaser to promptly provide the bank details on which to obtain the refund (IBAN and current account number).
The right to withdrawal is totally forfeited, due to the lack of the essential condition of integrity of the goods (packaging and its contents), in cases where the Supplier ascertains even only one of the following shortcomings:
- non-diligent use of the item which has compromised its integrity, or the use of any consumable materials related to the product; the lack of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product (accessories, cables, manuals, parts, etc.);
- damage to the product for causes other than transport, including partial or total tampering with the product or parts thereof. In the event of forfeiture of the right of withdrawal, the goods shall remain at the Supplier’s premises, at the Purchaser’s disposal for collection under his/her responsibility.
Article 9 – 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 10 – 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.
Any complaints must be made in writing, by email to email@example.com
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).