GENERAL TERMS OF SALE, in force from 11 february 2021
Premise
This information is provided for the site “www.tuscany-photo.com” (Site) owned by Stefano Caporali, with headquarters in Via Loc. Santa Flora 18/C – 52100 Arezzo, Chamber of Commerce of Arezzo, with VAT no. IT 01438340513, with tax code CPRSFN65D28A390H (Seller).

Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Seller who may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and / or for the sale of products by such parties. The Seller does not carry out any checks and / or monitoring on the websites accessible via these links. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.

1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.

Art. 2. Purchases on the Site
2.1 Purchasing on the Site

 

it can be done after registering on the Site, even if the purchase can be made without registering.
it is allowed both to users who play the role of consumers and to users who play the role of professionals. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, we remind you that a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out is a consumer; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person who acts in the exercise of his / her business, commercial, craft or professional activity, or an intermediary, holds the quality of professional.
2.2 In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

by a user with whom the Seller has an ongoing legal dispute
by a user who has previously violated the General Conditions of Sale
by a user who has released false, incomplete or in any case inaccurate identification data or who has not promptly sent the documents requested by the Seller to the Seller or who has sent invalid documents
Art. 3. Registration on the Site
3.1 To register on the Site, you must fill out the appropriate form, entering the following data:

username or email
password.
3.2 You undertake to immediately inform the Seller in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site.

3.3 The registered user on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and / or the provision of false, incomplete or in any case inaccurate personal data, without prejudice to the Seller’s right to disable the user’s account.

3.4

Art. 4. Information aimed at concluding the contract
4.1 In compliance with the Legislative Decree 9 April 2003, n. 70 containing provisions on e-commerce , the Seller informs you that:

to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear on the Site from time to time
the contract is concluded when the order form reaches the Seller’s server
once the order form is received, the Seller will send you the order confirmation to the email address indicated, containing:
information relating to the characteristics of the purchase
the indication of the price
the indication of the payment method used
an indication of any delivery costs.
Art. 5. Certificate of Authenticity
5.1 Each print is accompanied by a Certificate of Authenticity  that illustrates its main characteristics . The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display.   These images and descriptions must therefore be intended as indicative and with the tolerances of use. The size of the prints may be larger or smaller than a few millimeters due to a certain print tolerance and could have a white edge around helpful for framing.

Art. 6. Prices
6.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.

6.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (increasing or decreasing) subsequent to the transmission of the same.

6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.  The shipping cost will be calculated after you have entered the data with the delivery address at the time of payment.

Art. 7. Purchase orders
7.1 The Seller will ship the Products only after receiving confirmation of the authorization for payment or upon crediting of the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.

The Service you have chosen will be carried out only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.

7.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.

7.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

Art. 8. Methods of payment
8.1 The following payment methods are allowed on the Site:

Payment card (e.g. credit card)

8.2 The Seller accepts the credit cards of the circuits:

VISA
MasterCard (Cirrus Maestro)
American Express
They are, in any case, indicated in the footer of each page of the Site.

On the Site you will have the possibility to authorize the storage of the payment card data entered and their re-use for the payment of subsequent purchases on the Site. You can revoke the authorization to reuse the payment card data for subsequent purchases by following the instructions on the Site.

The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued the debit authorization.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.

The charge will be made at the time of order transmission.

Art. 9. Delivery of the Products

9.1 There are no limitations on delivery, except in the cases indicated on the Site and / or in the Product Sheet.

9.2 The shipping costs are indicated from time to time on the Site and / or in the Product Sheet. Free shipping  available for most countries.

9.3 Starting from the date of shipment of the order, the Products will be delivered in the next few days, normally it takes 1-4 working days to print the ordered photo, 1-2 working days for mounting canvas ready to hang or photo frame if required, 1 -7 working days for shipping (DHL, UPS or similar) depends on the destination country.

9.4 It is up to you or the recipient to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate any anomalies on the transport document of the carrier, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.

9.5 Ritardi nella consegna per motivi straordinari, scioperi, maltempo o altro, non causati dal venditore non danno diritto a rimborso o pagamento di penali salvo che il pacco venga smarrito definitivamente.

Art. 10. Right of withdrawal
10.1 In the hypothesis of purchase on the Site, unless otherwise indicated, you do enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article.

10.2 If you are a consumer, you have the right to withdraw from the purchase contract for the Product without having to provide any reasons and without having to incur costs other than those provided for in this article within the period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

10.3 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

10.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in at least one of the following ways:

By mail:

Stefano Caporali – Loc. santa Flora 18/c – 52100 Arezzo – Italy

or by email:

Email: [email protected]

It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests with you, it is in your interest to use a durable medium when you communicate your withdrawal to the Seller.

10.5 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale.

10.6 The direct costs of returning the Products are at your expense as well as the responsibility for their transport.

10.7 In the event of withdrawal from the contract, the Seller will reimburse the Total Amount Due, including delivery costs if paid at the time of purchase, if applicable, without undue delay and in any case no later than 14 calendar days from the day in which the Seller has been informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a courier of your choice and at your expense, the Seller may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier.

10.8 You are solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts,  with identification tags, labels where present, still attached to the Product. and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety.

10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature and characteristics of the Product, the Seller reserves the right to reduce the reimbursement amount an amount equal to this decrease in value. The Seller will notify him of the circumstance and the consequent reduced refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user of the decrease in value of the Product.

10.10 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give right or to any refund. The Seller will notify the user within 5 (working) days of receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must take place at his expense and under his responsibility.

10.11 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs (if paid) to be reimbursed in his favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and returns the Product of the value of 150.00 Euro, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of the delivery costs to be returned will never exceed the amount actually paid.

Art. 11. Legal Guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).

Who it applies to
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

What it applies to

The Legal Guarantee applies to all products on the Site.

When it applies
The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. The Legal Guarantee will not be applied in the event that the prints have been exposed to direct sunlight, vapors, gases, liquids, strong heat sources, which could have damaged it, the consumer must keep the print as recommended on the attached Certificate of Authenticity to the product.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date of delivery.

In the event of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller is not responsible for any damage of any kind resulting from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

If you made the purchase as a “professional” in accordance with the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code

Art. 12. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution / Online Dispute Resolution
12.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

12.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions of Article 1 above.

12.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who covers the here consumer status pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arising, the Seller will provide the information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis and following of the Consumer Code), specifying whether it intends to make use or not of such bodies to resolve the dispute itself.

12.4 The Seller also informs the user who holds the status of consumer referred to in art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.

12.5 The right of the consumer user to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations by resorting to procedures referred to in Part V, Title II-bis of the Consumer Code.

12.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

Art. 13. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

by post (by registered letter with return receipt), by writing to Stefano Caporali – Loc. Santa Flora 18/c – 52100 Arezzo (Italy)
by email, to the following address: [email protected]
by phone, at the following number: +393282370203.
The Seller will respond to complaints presented within 3 days of receiving them.

Art. 14 Limitation of Liability of the site

14.1 tuscany-photo.com is not in a position to guarantee and, therefore, does not guarantee that this Site cannot be interrupted and / or suspended, the Site or the server on which the Site is located are free from viruses or other harmful elements, since of unpredictable events outside the control of our staff. Therefore, the user  of the site is solely responsible for any damage to his computer (or similar equipment, for example tablets and mobile phones) or for any loss of data, present in the computer and similar devices of the user connected with the interaction with the Site; therefore it is understood that in the event of harmful events of this type www.tuscany-photo.com will not reimburse any costs for assistance, repair and restoration of the user’s devices.

Art. 15  Specification of the products you may order:

Photo print unframed, it is only a print (unframed) printed on photo paper fine art acid free. It is not ready to hang.

Photo print framed: same as above but framed with passpartout (white color and acid free) and wooden frame, color beige if not specified in your order. It is ready to hang.

Canvas: it is only the print, on Polycotton fine art canvas, no frame, no chassis, it is not ready to hang. Size of 150×225 150 x250 and 150×300 cm will come not mirrored but printed normal till the end of the side. You have to consider 3-5 cm each side needed for the framing on the chassis, so what you see will be a little cropped.

Canvas ready to hang: same as above but mounted on a wooden lightweight chassis, not framed.

Adhesive vinyl: it is only a print, unframed, not ready to hang, it comes with a plastified protection on it for a long lasting.

Art. 16 Prices and taxes

All prices include i.v.a. or v.a.t. or similar taxes depending on the destination country. Customs duties may be required by your customs agents of your (non-European) country and must be paid by you for delivery (only if requested by Customs)

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