THE GENERAL CONTRACTUAL TERMS OF SPAM SRL FOR CUSTOMERS IN ITALY AND OFFERS FROM ITALY
The recognised association of foot and hand painting artists runs a sales platform from the URL http://www.vdmfk.com for art prints, greetings cards and art calendars etc. The items offered for sale are works of art, or reproductions of works by Association members.
The contracting seller for purchases in or from Italy is SPAM S.R.L., registered of Corso Milano, 177 - 37138 Verona – Italy, VAT number 0225590231- on the Verona Chamber of Commerce under REA number 113452 (hereinafter called the “Publisher”), fax 045 577800, e-mail: info(at)spam.it . Dealings between the Publisher and the purchaser are governed entirely by these general contractual terms in the current version on the web site at the time of the purchase offer. Any general terms of customers that conflict with or that are different from these, save Consumer’s Code provisions of D.lgs 206/2005, shall not apply. These general contractual terms are set forth in a format suitable for being memorised and reproduced by the purchaser.
On sending the purchase offer, the purchaser declares that they have read and fully accepted these general terms.
The customer shall provide the details requested in the purchase offer form completely and truthfully (including name, address, e?mail address, credit card number etc.). Any damage resulting from inaccurate or incomplete details provided shall be borne by the customer. To allow the purchaser to correct mistakes in details entered, the seller will ensure the presence of the technical means to do so before the sending of the order.
Orders may only be place by persons over 18 years of age. With the purchase offer the purchaser declares he or she is an adult able to make such a contract.
The Publisher will not be liable for any printing errors or incorrect data in the on-line shop that are minor in nature.
The Publisher is authorised to at any time make changes to the general contractual terms and to make any changes required for compliance with new law. The general terms as thus amended will be valid for subsequent offers from time of publication of the new terms.
§ 2 Conclusion of the contract:
The products bought on-line do not amount to an offer for sale but rather an invitation to make an offer (“invitatio ad offerendum”). Offers can be made through the forms provided at the on-line shop. For information on how to place the order or correct any mistakes in details entered, please see the “Help” menu.
The Customer will receive an email of acceptance of the purchaser’s offer from the Publisher which will determine the conclusion of the contract at the time of receipt of the email by the purchaser. The purchaser, with this e-mail of acceptance or with separate written notice in accordance with articles 52 and 53 D.lgs. 206 of 6th September 2005 (Consumer’s Code), will receive a summary of all the information in the aforesaid articles. Every contract will be filed in hard copy or electronically at the Publisher’s, while the purchaser may promptly receive a copy of the contract at any time on sending a fax or email request to the Publisher.
Customer offers may only be accepted at the prices and conditions current at the time they are made. The prices shown are in Euro and include forwarding costs and VAT. In the case of orders regarding countries outside the EU, the prices shown are net prices.
Prices do not include import changes such as customs duties and MVA on imports, which will be borne by the purchase since it cannot be known in advance what the costs will be country by country. In any case such imports will be specified in the email accepting the purchaser’s offer.
§ 3 Delivery, transport, delayed acceptance, the transfer of risk.
The Publisher will deliver the ordered products by a means of transport of its own choice to the place of business or residence of the purchaser as indicated in the customer’s offer. The Publisher reserves the right to carry out partial deliveries to the extent that these have been indicated in writing and expressly accepted. A refusal to accept the offer or the impossibility to carry out the order will be notified immediately, and in any case within the term of 30 days as indicated in the following clause, while any payments made will be reimbursed.
The Publisher will carry out the customer’s order within 30 days running from the day following the sending of the order.
The Publisher’s obligation will be regarded as fulfilled with the delivery of the goods to the carrier and at this point the risk of the perishing of or the late delivery of the goods is transferred to the purchaser or the carrier. This is also the case for partial deliveries.
If the purchaser has not accepted the product purchased as agreed (delayed acceptance), the Publisher may charge the purchaser for the damage suffered.
The Publisher does not guarantee delivery of all products proposed in the on-line shop. If one or more of the ordered products could not for any reason by delivered, the Publisher will immediately inform the purchaser.
§ 4 Reservation of ownership.
The products provided shall remain the property of the Publisher until final settlement of the price and all associated costs.
§ 5 Purchaser’s obligations.
The purchaser shall immediately notify the Publisher by e-mail o by fax of any changes in personal details. Information and statements are deemed to have duly sent to the purchaser if sent to the last indicated address.
§ 6 Returns/Right to withdraw.
The purchaser has the right to withdraw from the contract concluded at distance or from contractual declarations made at distance without stating the reason, by means of registered letter a/r to the Publisher, with advance copy by e?mail o by fax. The term within which such right to withdrawal is 10 business days pursuant to the provisions of article 64 D.lgs 206 of 6th September 2005. Saturday is not regarded as a business day. For contracts relating to the supply of goods, the term runs from the date of receipt of these by the purchaser.
Consequences of withdrawal from the contract
In the event of valid exercise of the right to withdrawal, the purchaser must return the goods within 10 (ten) days from their receipt. If the purchaser is not able to totally or partially return the goods received, or is able to return them in damaged conditions, he or she must pay the cost of the reduction in the value of the product. This does not apply if the damage is wholly due to exceptional causes that are not the fault of the purchaser.
The Publisher shall return, within 30 days of receipt by the Customer: (i) the full price paid by the Customer where the product has been returned complete and fully functioning in all of its part; or (ii) the part price of the value of the product where it has been returned by the Customer in worse than normal condition due to its not being diligently kept or used.
The forwarding costs to the Publisher shall be borne by the purchaser if the goods do not correspond to those ordered.
§ 7 Warranty and responsibility:
The Publisher shall not be liable for very slight differences between the goods supplied and those presented on-line. The manufacturing and printing process used in the producing of art prints, greetings cards and art calendars mean that very slight differences in colour tone, format, paper quality, materials and surfaces may occur relative to samples. Such differences are not deemed defects in the things sold and do not come within the terms of the warranty.
The Customer must report any defect in writing by registered letter a/r advanced by fax of any defect, within two months of its discovery, or the associated rights will lapse.
Any complaint may be sent to the following address: Spam Srl - Corso Milano, 177 - 37138 Verona – Italy, n. fax. 045 577800, info(at)spam.it.
In the case of defects complained of within the aforesaid term, the purchaser may require the repair or replacement of the product without further expense, unless such repair or replacement involves disproportionately high costs for the Publisher according to article 130 D.lgs. 206 of 6th September 2005. In such an event the purchaser may request a suitable reduction in the price or the resolution of the contract. This also applies if the Publisher does not repair or replace the goods, or does not do so within a reasonable time, or if the repair or replacement previously carried out has caused notable disadvantages for the purchaser.
§ 8 Disclaimer:
The Publisher’s liability is limited to that which is mandatory in law and consequently is only answerable for damage caused by intentional wrongdoing or serious negligence. Beyond this and excepting damage to the person, Publisher shall not be liable for further or other damage. Also excluded is liability due to accident, act of God, consequential damage or to loss of earnings.
§ 9 Payment:
Payment shall be only by credit card (VISA and Eurocard Mastercard).
Small differences may appear in the purchaser’s card or bank statement due to currency values at the date of purchase.
§10 Competent court:
If the purchaser is a consumer for the purposes of article 3 ex D.lgs. 206 of 6th September 2005, any dispute regarding the validity, application, performance, interpretation or breach of this contract shall be a matter for the court of the district in whcih the purchaser has residence or domicile, if in Italy or the Court of Verona, if the Customer is resident or domiciled abroad.
If the purchaser is not a consumer for the purposes of article 3 ex D.lgs. 206 of 6th September 2005, any dispute regarding the validity, application, performance, interpretation or breach of this contract shall be a matter for court of Verona.
These terms are conditions are for Italy in Italian and in the case of other countries they may be provided in German, English, French, Czech, Croatian, Hungarian, Polish, Slovenian or Slovak. The general terms and conditions will be drafted in the language of the contract.
§ 12 Applicable law:
The applicable law is that of Italy, including the provisions of Part III Head II Paragraph II section II of D.lgs. 6th September 2005 n. 206 (Consumer’s Code).
§ 13 Additional agreements:
Any amendments or supplements to these general terms must be in writing; this is also true of any waiver of the need for the written form.
§ 14 Safeguarding clause:
If any provision of these general contractual terms is annulled or deemed void this shall not prejudice to validity of the other provisions contained herein. The annulled provision will be replaced by a valid provision best corresponding to the intention of that annulled, both in terms of meaning and aim, with neither of the parties being consequently disproportionately disadvantaged.
§ 15 Security and privacy:
Credit card details entered or communicated shall be sent by separate secure server (SSL Server).
The processing of personal data shall be carried out in such as way as to ensure security and confidentiality and may also be carried out by automated tools that permit their storage in memory, their handling and their transmission.
The details and documents needed for the purpose of carrying out orders, or for concluding orders, will continue to be stored beyond the performance of the contract and specifically for a period of 10 years, in compliance with current tax regulations.
With the purchase offer the purchaser declares having viewed the privacy notices on the home page of the on-line store and having authorised the processing of the personal details for the purposes indicated therein.