General Terms and Conditions of Sale
Premise
This information is provided for the website "Fabio Guzzano Art" (hereinafter referred to as the "Website"), owned by FABIO GUZZANO, with registered office at Via G. Marconi 55 – 37026 Pescantina (VR), tax code GZZFBA67C07F205F (hereinafter referred to as the "Seller").
Article 1. Scope of Application
1.1 Any sale made on the Website constitutes a distance contract governed by Title III, Chapter I (Articles 45 and following) of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and by Legislative Decree No. 70 of April 9, 2003, which regulates e-commerce.
1.2 The General Terms and Conditions of Sale apply to all sales made by the Seller through the Website. The terms mentioned should be understood as business days, excluding Saturdays, Sundays, and national holidays.
1.3 The General Terms and Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be effective from the moment they are published on the Website. You are therefore invited to regularly access the Website and consult the latest version of the General Terms and Conditions of Sale before making any purchase.
1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Website through links, banners, or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their terms of sale. The Seller is not responsible for the provision of services and/or sale of products by such parties. The Seller does not carry out any checks and/or monitoring of the websites accessible through such links and is therefore not responsible for their contents or any errors, omissions, or legal violations committed by them.
1.6 You are required to carefully read these General Terms and Conditions of Sale and any other information provided by the Seller on the Website.
1.7 The submission of a purchase order constitutes acceptance of these General Terms and Conditions of Sale.
Article 2. Purchases on the Website
2.1 Purchases on the Website:
· Can be made upon registration on the Website;
· Are allowed for both consumers and professionals. According to Article 3, paragraph I, letter a) of the Consumer Code, a consumer is defined as a natural person acting for purposes unrelated to entrepreneurial, commercial, professional, or craft activities. Conversely, a professional is defined as a natural or legal person acting in the course of their entrepreneurial, commercial, craft, or professional activities, or their intermediary.
2.2 In the case of orders, regardless of their origin, that appear abnormal in terms of quantity and/or frequency, the Seller reserves the right to take all necessary actions to stop such irregularities.
2.3 The Seller reserves the right to refuse or cancel orders placed by:
· A user involved in an ongoing legal dispute with the Seller;
· A user who has previously violated the General Terms and Conditions of Sale;
· A user involved in criminal activities;
· A user who has provided false, incomplete, or inaccurate identification data, or who has not promptly provided the Seller with the requested documents or has sent invalid documents.
2.4 Before purchasing any product offered for sale on the Website, you must inform the Seller if you have any allergies, intolerances, or sensitivities to paints and/or solvents. If you fail to do so, the Seller is not responsible for any damage you may suffer as a result of purchasing products on the Website.
Article 3. Registration on the Website
3.1 To register on the Website, you must fill in the appropriate form by entering the following data:
· Email address.
3.2 You agree to immediately inform the Seller if you suspect or become aware of unauthorized use or disclosure of your login credentials.
3.3 The registered user guarantees that the personal information provided is complete and truthful and undertakes to hold the Seller harmless from any damage, compensation obligations, and/or sanctions resulting from violations of registration rules or the provision of false, incomplete, or inaccurate personal data. The Seller reserves the right to disable the user's account in such cases.
Article 4. Information Required for Contract Conclusion
4.1 In accordance with Legislative Decree No. 70 of April 9, 2003, on e-commerce, the Seller informs you that:
· To conclude a purchase contract on the Website, you must fill in an electronic order form and send it to the Seller following the instructions displayed on the Website;
· The contract is concluded when the order form reaches the Seller’s server;
· Once the order form has been received, the Seller will send you a confirmation email containing:
o The purchase details;
o The total price including applicable fees.
Article 5. Product Availability
5.1 The products offered on the Website are available in limited quantities. Due to multiple users potentially purchasing the same product simultaneously, an ordered product may become unavailable after order submission.
5.2 The Website provides real-time information on product availability.
5.3 You will be informed if the ordered product is unavailable. In this case, you have the right to terminate the purchase contract in accordance with Article 61, paragraphs IV and V of the Consumer Code.
5.4 Alternatively, you may accept:
· A delayed delivery, if a restock is possible, with a new delivery date indicated by the Seller;
· A different product of equivalent or superior value, subject to your acceptance and payment of any price difference.
5.5 If you request a refund for an unavailable product, the Seller will process the refund within 15 days.
5.6 If you exercise your right to contract termination as per Article 61, paragraphs IV and V of the Consumer Code, and if payment has already been made, the Seller will refund the total amount due.
Article 6. Product Information Sheet
6.1 Each product is accompanied by an information sheet detailing its key characteristics. Images and descriptions aim to be as accurate as possible, but colors may vary due to display settings on different devices. Product images may also differ in size or accessories, so they should be considered indicative.
Article 7. Prices
7.1 All product prices displayed on the Website include VAT.
7.2 The Seller reserves the right to change product prices at any time, but the price applicable to your purchase will be the one displayed at the time of order submission.
7.3 Shipping costs, if applicable, are explicitly indicated in the order summary before submission.
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Art. 8. Purchase Orders
8.1 The Seller will only ship the Products after receiving confirmation of payment authorization or the actual crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, understood as the moment the Product is handed over to the carrier. However, the risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party designated by you and different from the carrier, physically take possession of the Products.
The Service you have chosen will only be provided after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after your purchase order has been submitted, it is determined that you have not paid the Total Amount Due, either in whole or in part.
8.2 The purchase contract is subject to the condition precedent of non-payment of the Total Amount Due. Unless otherwise agreed in writing, the order will therefore be canceled.
8.3 To place a purchase order, you must read and accept these General Terms and Conditions of Sale by selecting the appropriate checkbox on the purchase process pages. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Website.
Art. 9. Payment Methods
9.1 The following payment methods are accepted on the Website:
- Payment Card/Credit Card
- PayPal
- ApplePay
9.2 The Seller accepts credit cards from the following circuits:
- VISA
- MasterCard (Cirrus Maestro)
These are always indicated in the footer of every page on the Website.
The charge will be made only after (i) the payment card details used for the payment have been verified and (ii) the issuer of the payment card you used has authorized the charge.
The confidential data of the payment card (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store the payment card data used for purchasing the Products, even in cases where you choose to save such data on the Website.
The charge will be made at the time the order is placed.
9.3 Purchases on the Website can also be made using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the website www.paypal.com, where you will complete the payment according to PayPal’s procedures, terms, and conditions. The data entered on PayPal’s website will be processed directly by PayPal and will not be transmitted to or shared with the Seller. Therefore, the Seller is not able to know and does not store in any way the payment card data linked to your PayPal account or the details of any other payment method associated with that account.
In case of payment via PayPal, the Total Amount Due will be charged by PayPal at the time of the contract’s conclusion through the Website. In the event of contract termination or any other form of refund, the refund amount will be credited back to your PayPal account. The crediting time on the payment method linked to your PayPal account depends exclusively on PayPal and the banking system. Once the refund order has been issued in favor of your account, the Seller cannot be held responsible for any delays or omissions in the crediting process, which must be disputed directly with PayPal. Any refund made under these General Terms and Conditions of Sale will be credited to your PayPal account.
9.4 If you choose bank transfer as the payment method, after receiving the order, the Seller will send you an email with the bank details and the deadline for completing the transfer. The email may also include a request to send proof of the transfer via email or confirmation of the payment.
Art. 10. Product Delivery
10.1 The purchased Products are delivered to the following countries:
- Austria
- Belgium
- Bulgaria
- Cyprus
- Croatia
- Denmark
- Estonia
- Finland
- France
- Germany
- England
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- Netherlands
- Poland
- Portugal
- Czech Republic
- Romania
- Spain
- Sweden
- Hungary
The delivery obligation is fulfilled when you are provided with the material availability or control of the Product.
10.2 Shipping costs are indicated on the Website and/or in the Product Sheet.
10.3 From the order dispatch date, the Products will be delivered within 30 days and, in any case, within thirty days from the contract's conclusion date.
10.4 It is your responsibility to check the condition of the delivered Product. While 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 different from the carrier, physically take possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. It is in your best interest to report any anomalies on the carrier's delivery document, accepting the package with a reservation. If the package shows clear signs of tampering or alteration, you should promptly notify the Seller. In any case, the right of withdrawal (if applicable to the Product) and the legal warranty of conformity still apply.
Art. 11. Right of Withdrawal
11.1 When purchasing on the Website, unless otherwise specified, you have the right of withdrawal as provided in Article 52 of the Consumer Code, concerning the Product(s) indicated in this article.
Art. 12. Legal Warranty
All Products sold on the Website are covered by the Legal Warranty of Conformity provided by Articles 128-135 of the Consumer Code (Legal Warranty).
Who it applies to
The Legal Warranty is reserved for consumers, meaning it applies only to users who have made a purchase on the Website for purposes unrelated to their business, commercial, artisanal, or professional activity.
When it applies
The Seller is liable to the consumer for any lack of conformity of the Product that occurs within two years from the delivery date. The defect must be reported to the Seller within two months of discovery.
If the contract is terminated, the Seller will refund the total amount paid, including the purchase price of the Product, shipping costs, and any other additional costs.
Art. 13. Applicable Law and Jurisdiction
13.1 Purchase contracts concluded via the Website are governed by Italian law. However, consumers residing outside Italy may benefit from any mandatory and more favorable provisions of the law of their country of residence.
13.2 If you are a consumer, any dispute concerning the application, execution, and interpretation of this document will be settled by the court of your place of residence or domicile. If you are a professional user, the competent court will be that of the Seller’s registered office.
13.3 Consumers can resolve disputes through the European Online Dispute Resolution (ODR) platform at: http://ec.europa.eu/consumers/odr/
Art. 14. Customer Service and Complaints
You can request information, send communications, request assistance, or submit complaints by contacting the Seller via:
- The “Contact Me” section on the website www.fabioguzzanoart.it
- Phone (as indicated in the "Contact Me" section)
The Seller will respond to complaints within five days.
Art. 15. Miscellaneous
- Delivery is free for orders equal to or greater than €200.00 with delivery in Italy (excluding Vatican City and the Republic of San Marino).
- The estimated delivery date of the Product is provided during the purchase process. The Seller will make every effort to meet the estimated date indicated on the Website, which remains purely indicative.
- Exclusively for corporate/business orders exceeding 10 units, customers may contact the Seller at the email address ordini@fabioguzzanoart.it. In such cases, the Seller reserves the right to accept the purchase order and to agree with the customer on the delivery arrangements for the Product.
- The "pre-order" option allows selection through a dedicated calendar that... (sentence incomplete in the original text)
- You may contact the Seller by phone using the numbers provided for each store location in the "Contact Me" section.