6.1.1. With the present “General Terms and Conditions” (hereinafter GTC), WEISS GALLERY s.r.l. (herinafter “the Vendor”) disciplines the offer and the purchase of its products (hereinafter “the Products”) made on line by accessing the dedicated section of its website http://www.weissgallery.it (hereinafter “E commerce”).
6.1.2. For the purposes mentioned in the present GTC, the buyer acknowledges to purchase the Products for aims not related to any of his possible commercial, entrepreneurial or professional activities.
6.1.3. The Vendor is not responsible for the purchase of goods and/or services offered by third parties, other than the Vendor, through banners or hyper textual links visible on its website http://www.weissgallery.it.
6.1.4. Due to the wide selection of Products offered on line by the Vendor, all informations related to the main characteristics and prices of said Products (including shipping costs, postal fees, taxes and any other extra costs) are clearly displayed when selecting each voice of the Products’ drop down menu accessible from the home page of the website http://www.weissgallery.it.
6.2. Vendor Identity
6.2.1. The Products object of the present GTC are offered by “WEISS GALLERY s.r.l” having its operating headquarter in Italy, Genova (GE), via Ettore Vernazza 109/113, Business Register (“REA”) MB1876489, VAT registration number 02376540742.
6.2.2. For any sort of communication, the Vendor can be reached by phone: +39 010 5957565 and by email: firstname.lastname@example.org.
6.3.1.The overall price of the Products, including additional shipping, delivery and postal fees (hereinafter “Costs”) as displayed in the Vendor’s website https://www.weissgallery.it are expressed in Euro and are inclusive of VAT.
6.3.2. The validity of said prices refers solely to the values displayed in the Vendor’s website at the submission of the purchase order.
6.3.3. Said prices and costs may be subject to changes without any obligation of notice from the Vendor. It is therefore responsibility of the buyer, prior to the submission of the purchase order, to check and verify the final price of the Products.
6.4. Products‘ availability
6.4.1. In order to ensure the accurate and timely processing of the purchase orders, the Vendor constantly updates information related to the availability of its Products.
6.4.2. If a purchase order should exceed the actual availability of a Product, the Vendor shall inform the buyer about such a circumstance as well as about the estimated waiting time to purchase again said Product, offering also to the buyer the possibility to confirm or cancel the purchase oder.
6.4.3. In case of confirmation of the purchase order, the Vendor shall inform the buyer of the successful submission of said order by email, in compliance with what stated in paragraph 6.5.4.
6.4.4. In case of cancellation of the purchase order, the Vendor shall reimburse integrally the original purchasing price, as well as any other shipping costs borne by the buyer.
6.5. Conclusion of contract
6.5.1. The on line purchasing process is concluded solely on line by accessing the Vendor’s website https://www.weissgallery.it and following the procedures indicated to submit the purchase order for the Products chosen by the buyer.
6.5.2. Said on line purchasing process shall be considered as concluded with the transmission of an email from the Vendor summarizing the purchase.
The Vendor may, in any case and at his incontestable decision, reject fully or partially the purchase order.
The acceptance of the purchase order is to be considered as granted if not otherwise communicated by the Vendor with other modalities.
6.5.3. By submitting the purchase order, the buyer declares to have red and understood all the instructions received during the purchase procedure, as well as to have accepted integrally the present GTC.
6.5.4. By submitting the purchase order, the buyer also acknowledges the obligation to fulfill the payment upon the conditions set by the Vendor following the acceptance of the same order.
6.5.5. The correct reception of the purchase order is communicated to the buyer within a reasonable time by means of an email sent to the address provided by the buyer when filling the dedicated form.
6.5.6. Such email of acknowledgment will display a “Purchase Order Number” to be referred to during any future communication with the Vendor, as well as a reference to the present GTC.
6.5.7. Such email of acknowledgement reports all data entered by the buyer, whose accuracy remains solely under his own responsibility. The buyer shall also communicate any variation of said data according to paragraph 6.2.2.
6.5.8. In case of rejection of the purchase order, the Vendor shall promptly inform the buyer.
6.5.9. Once the purchase procedure is concluded, the buyer shall print and save an electronic copy of the same, as well as of the present GTC.
6.6. The Products
6.6.1. The Products purchasable are solely those displayed, at the moment of the submission of the purchase order, in the on line catalogue of the Vendor, as well as in the dedicated informative sheet of each Product, both available at https://www.weissgallery.it.
6.6.2. The technical information of Products displayed in https://www.weissgallery.it faithfully reflect those of the original manufacturer and/or suppliers of the Products. The Vendor shall therefore change without any notice said information in accordance with any modification of the same operated by the Products’ manufacturer and/or supplier.
6.6.3. It is hereby understood and agreed that, despite the Vendor constant efforts to keep all the pictures displayed in his website updated and faithful to the original products (including the adoption of procedures to reduce any discrepancy), some variations are still possible due to the technical characteristics and specific colors settings of the device used by the buyer. The Vendor shall therefore not bear the responsibility for the possible non conformity of the graphic representations of the products displayed in his website – which, in any case, have a mere illustrational function – if such a non conformity is due to said technical reasons.
6.7. Terms of payment
6.7.1. To settle the payment of the Products and all related costs, the buyer shall choose one of the modalities displayed in the Vendor’s website https://weissgallery.it when submitting the purchase order, as listed below.
6.7.2. Bank transfer: by choosing this safe and rapid option of payment, the due amount will be charged directly on buyer’s bank account. The shipping of the Products will not be effective until the Vendor receives payment confirmation from his bank.
The payment description shall clearly indicate the “Purchase Order Number” (including year of reference and type of order) as communicated by the Vendor upon receipt of the purchase order.
Vendor’s bank account details will be also notified to buyer upon submission of the purchase order.
6.7.3. STRIPE - Credit card and prepaid cards: payments shall be also settled by means of credit cards and prepaid cards (such as Postepay) without any additional cost for the buyer. It is herby understood that the buyer shall hold a valid credit card and that the name displayed on the card shall be the same of the one used for billing.
6.7.4. At no time of the purchase procedure, the buyer’s credit card details (such as the card number, validity etc) shall be disclosed to the Vendor, being these data directly transmitted to the external server that manages the electronic payments through a secure channel, encrypted by a complex algorithm.
6.7.5. In no cases the Vendor shall therefore bear responsibility for a fraudulent and inappropriate use of buyer’s credit cards and prepaid cards from third parties.
6.8. Products delivery
6.8.1. Each shipping shall contains:
– the purchased products;
– bill of lading and relevant invoice;
– eventual marketing and advertisement material.
6.8.2. The Vendor shall not bear the responsibility for any delay or fault in the delivery due to mistakes or inaccuracies made by buyer when filling the dedicated purchase form.
The information provided by the buyer during the purchase procedure will be used in the billing. Once the bill has been issued, no further changes are allowed.
6.8.3. The Products shall be delivered by a carrier selected by the Vendor to the address indicated by the buyer in the purchase order form. Within Italy, on orders under 70,00 €, all shipping fees shall be borne by buyer, as clearly indicated at the submission of the purchase order; on orders over 70,00 €, shipping is free. Outside Italy, on orders under 140,00 € shipping fees shall be borne by buyer; for orders over 140,00 € shipping is free.
For the shipping of “Pieces of Furnitures” solely, the buyer shall request an estimation of shipping costs by submitting the dedicated form “request of cost estimation”.
6.8.4. The delivery of Products shall normally take place within 3 working days from the receipt of the purchase order. Products whose availability is equal or minor to two items, have a variable delivery term within 3 and 15 working days. Products not immediately available and indicated as purchasable upon order, have a delivery term within 30 working days. In specific cases, the delivery term shall be indicated in Products’ informative sheet. Terms of delivery are expressed in working days and commence when the carrier takes charge of the shipping (i.e. when cargo is collected from the operative headquarter of the Vendor).
6.8.5. In case of a non timely delivery of the order, the Vendor shall bear no responsibility for any delays or faults not directly attributable to him.
6.8.6. Upon arrival at destination, the buyer shall verify the integrity of the Products shipped. In case of defects or damages, the buyer shall notify to the carrier and reject the shipping; if the buyer fails to notify any defects or damages, he shall not be entitled to any claims against the Vendor.
6.8.7. Shipping outside Italy may rely upon different carriers, depending to the country of destination and in order to grant to buyer the best available shipping fee.
6.9. Legal warranty and post sale assistance
6.9.1. The Vendor is accountable for any defects of the Products, including the non conformity of the items received with the Products ordered, in accordance with the Italian regulations.
6.9.2. Any non conformity shall be notified to the Vendor within 2 months from the discovery. The notification of the non conformity is not necessary if the Vendor himself has acknowledged the existence of the non conformity.
6.9.3. The buyer shall notify the non conformity to Vendor by means of the modalities listed in paragraph 6.2.2. The Vendor shall eventually communicate either his availability to process buyer’s request or, in case of rejecting the buyer’s claim, the reasons for his denial within 7 days from notification of the buyer’s claim. In the same communication, the Vendor shall also indicate both modalities and timing of shipping, as well as the possibility of restitution or substitution of the defective Products.
6.9.4. In case of non conformity of the Products, the buyer shall be entitled to the reparation or substitution of the Products without any additional cost; or to obtain an adequate reduction on the original Products’ price; or to the conclusion of the contract of purchase of the Products object of the claim, with the subsequent refund of the entire price of the Products.
6.9.5. All costs related to the restitution of defective Products shall be borne by the Vendor.
6.10. Right to withdraw
6.10.1. Without any prejudice to the provisions of art. 59 of the Italian Legislative Decree n. 206 /2005, the buyer has the right to withdraw from the purchase contract, without any further explication, within 14 days.
6.10.2 The right to withdraw expires within 14 days from the receipt of the Products.
6.10.3. In case of purchasing several Products shipped separately, said right of withdraw expires within 14 days from the receipt of the last Product.
6.10.4. The buyer shall withdraw from the purchase contract by informing the Vendor by means of a written communication, according to the modalities listed in paragraph 6.2.2.
6.10.5. The Vendor shall therefore confirm the buyer receipt of said communication by means of an email to the address provided by the buyer when submitting the purchase order.
6.10.6. To meet the terms for withdraw, the buyer shall send relevant communication within the deadline set for the recess.
6.11. Effects of the withdraw
6.11.1. Withdrawing from the purchase contract, the buyer will be reimbursed of all expenses borne in favor of the Vendor, including extra costs, with no undue delay and in any case within 14 days from the communication to Vendor of the decision to withdraw.
6.11.2. Said reimbursement will be processed by means of the same modality used by the buyer for the original transaction, unless agreed differently with the buyer. In any case the buyer shall not bear any additional cost as a consequence of such reimbursement.
6.11.3. The reimbursement shall be put on hold by the Vendor until the effective return of the Products and shall be processed no later than 20 working days from said return.
6.11.4 The Buyer shall return the Products either to the geographical address of the Vendor or to a third party entitled by the Vendor to receive his Products, with no undue delay and in any case within 14 days from the communication to the Vendor of the decision to withdraw. The reimbursement term is fully met if the buyer return the product prior to the expiration of the 14 days.
6.11.5. All direct costs related to the return of the Products will be borne by the buyer, unless differently agreed among the buyer and the Vendor.
6.12.1. The Vendor shall safeguard buyer’s privacy, providing that the buyer’s personal data are processed in accordance with Italian Legislative Decree n. 196, June 30th 2003.
6.12.2. Buyer data, including personal and fiscal data, acquired directly or indirectly by third parties or by the Vendor, who solely remains entitled to the buyers’ data management, shall be collected and processed by means of hard copy, computer or on line tools with the aim of acquiring the purchase order, executing the purchase contract and the due communication, in accordance with relevant laws and regulations, as well as granting an effective management of the commercial relations to better fulfill the service requested (art. 20 paragraph 1b of Italian Decree.196/2003)
6.12.3 The Vendor has the obligation to process with confidentiality all data and information provided by the buyer and commits himself nor to display them to unauthorized parties or use them for different purposes than those for which data have been collected. Such data could be displayed only upon request of judicial authorities and by means of a formal warrant.
6.12.4. The buyer shall, without any prejudice, be entitled to the enjoyment of the rights listed in art. 7 of Italian Decree n.196/2003.
6.12.5. The correct communication of buyer’s data is prerogative for a rapid and timely execution of the purchase contract; failing to communicate such data shall prejudice the processing of the purchase order.
6.12.6. Buyer’s collected data shall be stored temporary, as long as necessary to the purposes for which data have been collected and processed. Data removal, shall be eventually made in a secure way.
6.12.7. The Vendor solely is entitled to process buyer’s data and for any inquiry or request the buyer shall address directly to him.
6.12.8. Any material sent to the Vendor’s mail address (including electronic mail) such as requests, suggestions, inputs, informations, materials etc) shall not be regarded as confidential and shall contain valid information, as well as non fraudulent and non prejudicial contents towards others; in no case the Vendor shall bear responsibility for the content of such material.
6.13. Contract archiving
6.13.1 In compliance with art. 12 of Italian Legislative Decree n.70/2003, any purchase order sent to the Vendor shall be stored in hard as well as in digital copy at the Vendor’s headquarter according to criteria of privacy and security.
6.14. Disputes settlement and applicable laws
6.14.1 The present GTC are disciplined by the Italian Law and shall be treated under it.
6.14.2 Any arising dispute related to the present GTC shall be regulated by the competent court of the district of residence of the buyer, if residing within the Italian territory. In all other cases, the Court of Genova is the sole competent jurisdiction, all other courts being excluded.
6.15. Final clause
6.15.1. The present GTC are to be considered as an integral and essential part of the Vendor’s E commerce and shall not be object of any change or modification unless otherwise agreed between the buyer and the Vendor.
6.15.2. It is hereby understood and agreed that the Vendor shall modify the present GTC at any time and at his discretion; and that the buyer shall, therefore, comply with the GTC into force when completing the purchase order.
6.15.3. New GTC shall entry into force as soon as issued on https://weissgallery.it and shall apply to all purchase orders submitted after such issue.