Terms and conditions of sale
sofia castegreen s.r.l.
1.1 The following Terms and Conditions of Sale define how the drawings and products (hereinafter the “Goods” or “Original Work of Art”, collectively the “Original Works of Art”) made by the artist Sofia Castegren (hereinafter “the Artist”) are being sold to third party (hereinafter the “Purchaser”, collectively the “Purchasers”) by Sofia Castegren s.r.l (hereinafter the “Seller”) through the website https://www.sofiacastegren.com/ (hereinafter the “Website”).
Each purchase between the Seller and the Purchaser through the Website is regulated by the following Terms and Conditions of Sale which shall be considered integral and substantive part of every offer, order and confirmation of the order.
1.2 The following Terms and Conditions of Sale (hereinafter “The Terms and Conditions”) are applied to all the orders carried out by the Purchaser through the Website and can be displayed and/or saved in pdf version by clicking the following link. These Terms and Conditions shall be subjected to change at any time by the Seller, without prejudice to any operation which had already been submitted.
1.3. The purchases are intended solely for persons who are 18 or older. Any access to or use of the Website by anyone under 18 is expressly prohibited.
- Submission of the Data
2.1 In order to purchase the Purchaser is required to submit an order through an electronic format provided by the Website (hereinafter the “Order”, collectively the “Orders”) by the submission of the name, surname, email address (hereinafter the “Data”). The Seller shall use the Data in order to complete the Order and fulfill the fiscal provisions set forth by the relevant laws. The Seller reserves the right to suspend or terminate the Orders if any information provided during the submission of the Data or thereafter proves to be inaccurate, not current or incomplete.
2.2 Data must be provided only by the Purchaser or by a third party authorized by the Purchaser.
- Pre-contractual information
3.1 The Original Works of Art consist in drawings and artistic products (including but not limited to text, graphics and design) made by the Artist. Before the conclusion of the sale contract, the Purchaser can check the Original Works of Art that will be available in low resolution in the Website.
3.2 It is understood that the disclosed features and colors of Original Works of Art through the Website may differ from the delivered Original Works of Art. The difference in the features and colors between disclosed and delivered Original Works of Art shall not be ground of the exercise of the right of termination as set out in clause 11.
3.3 Each Original Works of Art is limited edition according to the Artist’ creativity so the availability of each Original Works.
- Conclusion of the Contract and Acceptance of Terms and Conditions
4.1 The choice of the Original Work of Art and submission of the Order as set out in clauses 2.1 will constitute a purchase offer by the Purchaser. By placing the Order, the Purchaser declares to have read the information provided during the purchase procedure and accepts entirely, without any reservation, these Terms and Conditions including its method of payment. The sale shall be deemed completed with the acceptance by the Seller of the Order, even if only partially. The acceptance shall be communicated to Purchasers by e-mail as set out in clause 6.2.
4.2 Before sending the Order as set out in clauses 2.1, the Purchaser shall read carefully these Terms and Conditions. The submission of the Order implies their full knowledge as well as their acceptance.
4.3 It is excluded any right for the Purchaser to be compensated for the damages, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things and/or animals, caused by non-acceptance, even partial, of an Order.
- Completion of the Order
5.1 By sending the Order as set out in clauses 2.1., the Purchaser transmits to the Seller a purchase offer of the selected Original Works of Art that is located in the so called cart, which is a tool accessible through the Website (hereinafter the “Cart”). When the Purchaser submits an Order, she agrees to buy the selected Original Work of Art at the price indicated in the information document and according to the terms of these Terms and conditions. The Seller will confirm acceptance together with its confirmation by email as disposed by clause 6.2.
5.2 In particular, the Seller will not accept Orders:
- in case the Original Work of Art at the time of the Order is no longer available and/or
- in case the Purchaser could not or would not pay using one of the method of payment which are set out in clause 8.
- Purchase Procedure
6.1 The cost of each selected Original Work of Art or the total cost when buying more Original Works of Art is summarized before submitting the Order.
6.2 The purchase of Original Works of Art and correct reception of the Order submitted as set out in clauses 2.1. are confirmed by email attesting the successful receipt of the Order (hereinafter “the Confirmation Message”) and containing detailed information of the price, applicable taxes, the method of payment as well as a reference to the Terms and Conditions. The Confirmation Message will reiterates all the Data inserted by the Purchaser who undertakes to check their accuracy and promptly notify any corrections to the Seller.
6.3 In case of non-acceptance of the Order, the Seller grants to promptly notify it to the Purchaser.
- Delivery Terms
7.1 Seller shall dispatch the Original Work of Art to the Purchaser’ address as provided by the Purchaser according to clause 2.1. within 5 Italian working days from the acceptance of the Order (hereinafter the “Dispatch”) by a courier chosen among one of the leading courier agents. Seller shall dispatch the Original Works of Art in a suitable container which may differ depending on the features of thereof.
7.2 The Dispatch of the Original Work of Art is confirmed by email attesting the successful dispatch of the Order (hereinafter the “Dispatch Confirmation Message”) and containing the track number and scheduled delivery date of Dispatch.
7.3 Without prejudice of the right of withdrawal as set forth in clause 10, Seller is not responsible for any delays attributable to the courier which could result in delays to the scheduled delivery date. Should the Order requires any specific delivery requirements, the Purchaser shall promptly notify the Seller by means of email to firstname.lastname@example.org and within 5 days of the receipt of the Confirmation Message as set in clause 6.2.
7.4 Should the Order be delivered to Purchaser who is located in Italy, in accordance with provision 22 of Law n. 633/1972 the sale contract is taxable for VAT purpose. Seller is waved from the duty of the emission of the invoices, unless required by the Purchaser otherwise.
7.5 Should the Order be delivered to Purchaser located in a EU countries who does not have VAT obligation, the sale contract is taxable for VAT purpose by the Seller provided that the Goods is delivery into a EU countries and the Seller fulfils the obligations set forth in Directive 2006/112/CE. The sale contract is taxable for VAT purpose in the EU countries of destination when the amount of sales is less than those set forth in Directive 2006/112/CE, or when the sale contract is taxable for VAT purpose under the framework of the EU countries where the delivery is accomplished.
7.6 Should the Order be delivered to taxable Purchaser located in a EU countries who have VAT obligation , the sale contract is not taxable for VAT purpose by the Seller pursuant to provision 41 of Law 331/1993. The Purchaser should pay VAT and invoice under the reverse charge mechanism.
7.7 Should the Order be delivered to a non EU countries, the Seller issues an invoice not taxable pursuant to provision 8 of Law n. 633/1972. The delivery is regulated according to the so called Delivery Duty Unpaid (DDU). Therefore, non EU- Purchaser shall bear any cost related to any duties and/or taxes levied by the customs of an Non EU countries.
8.1 Without prejudice of clause 7.7, the sale prices listed on the Website are in Euros and include VAT.
8.2 The Purchaser accepts Seller’s right of revising its prices at any moment. However, the products will be invoiced according to the prices specified on the Website when the Order was made and confirmed by Seller to the Purchaser as set out in clause 6.2.
- Method of payment
The Purchaser can make the payment by choosing one of the methods listed below:
- Credit Card and Debit Card (such as Visa, MasterCard, American Express, Apple Pay): in case of payment through credit and debit card, the purchase amount will be charged only when the order has been confirmed. Seller reservesthe right to request further information or other evidence that the payment had been made by the Purchaser.
- Paypal: in the event of purchasing with Pay Pal payment, the payment is made simultaneously with the submission of Order as set out in clause 2.1. Purchaser may be required to provided additional information and disclose supporting documentation proving the payment.
- Right of withdrawal
10.1 Pursuant to provision 52 of D. Lgs. 206/05, Purchaser is entitled to the right of withdrawal for any reason without explanation and without any penalty.
10.2 In order to exercise the right of withdrawal, within 14 days from the delivery date Purchaser shall notify a communication of withdrawal (hereinafter the “Communication of withdrawal”) by submitting an electronic format available on the Website and accessible from here.
10.3 Within 14 days from the submission of the Communication of withdrawal, Purchaser is required to return to Seller the Goods complete with all accessories delivered and in the original container used by the Seller. Purchaser shall bear all the costs related to the restitution and to any duties and/or taxes levied by the customs, if applicable.
10.4 In accordance to provision 56, paragraph 3, of D.lgs 206/05 Seller will reimburse all payments received by the Purchaser provided the full restitution of the Goods. Purchaser will be responsible for the decrease in value of the Goods resulting from but not limited to the deterioration of the Goods.
10.5 Seller shall refund the payment in the same manner with which the Purchaser made the payment. If the payment have been made by credit card, or debit card or PayPal, the refund will be made on the same card used for purchase. Seller has no power to influence the timing of re-credit that is up to the institution's reference bank and PayPal.
- Termination clause
Without no prejudice of Clause 3.2., in the event of non-payment or only partial payment, Seller reserves the right to terminate the contract by sending a written notice to the Purchaser`s email.
- Undertakings and liability of Seller
12.1 Seller shall not be liable for any damages, of any kind, deriving from an inappropriate use of the Goods, nor in case of damages caused by force major.
12.2 Seller shall not be liable for loss of income, of profits, of data nor for any other indirect damages of any kind deriving from or connected to the contracts under these Terms and Conditions.
12.3 In any case Seller liability cannot be superior to the total amount of the value of the purchase order.
12.4 In no case Seller shall be held liable for breach of any undertaking deriving from the contracts under these Terms and Conditions in the event that the breach is caused by force majeure, including, by way of example, natural disaster, acts of terror, malfunctioning of the net and/or blackout.
- Suspension of the service
- Content and Intellectual property rights
All Original Works of Art including by way of example images, graphics, photos, documents, sounds, videos and any other material in any format ( “the Intellectual Property”) are protected and in the sole ownership of the Seller and these Terms and Conditions do not entail any right for the Purchaser. It is forbidden the reproduction, editing, duplication, copy, distribution, sale or exploitation of the Intellectual Property.
- Applicable law and competent jurisdiction
These Terms and Conditions and, therefore, the sale contract executed by and between the Purchaser and Seller are governed by and must be interpreted in accordance with Italian laws. The disputes arising out of any sales through the Website, or, in addition, related to these Terms and Conditions shall be submitted to the territorial jurisdiction of the competent courts of the place of residence or domicile of the Purchaser, if acting as consumer, who is located in Italy. Otherwise, the above mentioned disputes shall be submitted to the Court of Genoa, Italy.
- Online Dispute Resolution (Art. 14 section 1 ODR-Regulation EU 524/2013)
The Purchaser who is located in a EU countries is informed that the European Commission offers to online Purchasers a platform for the resolution of disputes that can be accessed through this link http://ec.europa.eu/consumers/odr/