E-COMMERCE PLATFORM FOR THE SALE OF ART WORKS
These General Conditions of Sale concern the definition of the rights and obligations of the parties in the context of the purchase of works of art by MOSTRAMI SRL IS carried out at a distance via telematic network on the site www.zoomonart.com, belonging to Mostrami Srl Social Enterprise, with registered offices in Lissone, Via Fratelli Cairoli 45, 20851 (MB). Each purchase transaction will be governed by the provisions of DLgs. 185/99, DLgs. 206/05; the information intended to conclude the contract will be submitted to art. 12 of the DLgs. 70/03 and, with regard to the protection of privacy, will be subject to the provisions of the DLgs. 196/03.
These general terms of sale are intended solely and exclusively to customers eligible as “consumers” pursuant to art. 3, co. 1, became. A) of Legislative Decree 6 September 2005, no. 206, that is, “physical persons acting for purposes other than business or professional activity”.
All information on this site is in Italian and English. The customer declares, has access to all of the aforementioned general information and general conditions of sale, before placing the order.
The customer, before making the order of the product, declares that the purchase of the product is not directly related to his professional activity, as their purchase is intended for personal use.
The customer also declares that he/she has the legal capacity to undertake as provided in these general conditions.
TREATMENT OF PERSONAL DATA
MOSTRAMI SRL IS pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and tax records also acquired verbally in relation to the commercial relationships established, directly provided by the parties concerned or otherwise acquired in the course of the activity of the company, will be subject to processing in accordance with the regulations referred to, including confidentiality obligations.
With respect to the predecessors, the rights under Article 7 DLgs can be exercised. 196/2003.
TERRITORY AND COVERAGE OF THE OFFER
This version of the general sales conditions refers to sales made to consumers having their domicile or residence in Italy and abroad.
Before submitting any purchase order, Customer is required to read carefully these general sales conditions. Forwarding the purchase order implies their full knowledge and acceptance.
Lastly, once the online shopping process has been completed, the Customer is required to print and retain these general sales conditions, which have already been viewed and accepted during the termination of the contract.
Any order confirmation signed by the validation click is a irrevocable commitment of the customer that can be brought into question only in the cases provided by this contract to the articles “Right of withdrawal” and “Execution of order”. The “validation click” is an electronic signature. This electronic signature has the same value as a handwritten signature between the parts.
The contract will only be concluded upon confirmation of the order by MOSTRAMI Srl IS.
The customer will receive by email a receipt notification confirming the order with all the elements of the contract (information on the main features of the purchased goods, detailed price, delivery costs, applicable fees and means of payment) containing a reference to the general conditions of contract and information about the existence of the right of withdrawal, the terms and conditions of its exercise displayed on the site. Following the approval of Law Decree 4 July 2006, no. 223 “maneuver bis” Article 37 paragraphs 8 and 9, converted with Law 248 of August 4, 2006, which entered into force on August 12, 2006, which restores the obligation to communicate the list of customers and suppliers in case of issue Bill, and Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to require customers to communicate VAT ID and TAX CODE in the appropriate fields on the site.
MOSTRAMI SRL IS reserves the right not to confirm an order for any reason related in particular to a problem of availability of the goods, or to a problem with the order received.
MOSTRAMI SRL IS can not be held liable for errors in delivery due to inaccuracies or incompleteness in compiling the order of purchase by the customer. MOSTRAMI SRL IS can not be held responsible for any damage that may have occurred to the products after delivery to the carrier responsible for their transport and delays in delivery to the carrier.
The listings on this site will be valid until the products listed will remain on-line until stock is exhausted.
MOSTRAMI SRL IS reserves the right to communicate to the customer, within 20 days of the purchase, the email associated with his profile, the unavailability of one or more of the products purchased. In the case of no longer obtaining a product, MOSTRAMI SRL IS will refund the price and shipping costs incurred by the customer (on the payment card indicated for the purchase or transfer, the details of which are to be communicated after the registration). Unavailability of one or more of the ordered products will not entitle the customer, however, to cancel the entire order.
ARTISTS AND WORKSHOP QUOTATIONS
The MOSTRAMI SRL IS gallery offers online sale exclusively of artists with whom it directly collaborates and defines and controls the listing on the market. This is to fully guarantee the customer to buy at the right price. The quotation is defined on the basis of the curriculum of the artist: exhibitions, publications, attention by critics, prizes. In addition to market value we must also consider:
Quality: It is the fundamental element to evaluate the quotation of each single work. It is by no means said that the works of an artist are all of the same level; There is no doubt that some are better than others.
Dimensions: often the value of the work rises proportionally to the perimeter, not to the area of the work itself
Technique: Normally works on canvas are more precious than works on paper and the same is true for oil or acrylic works compared to mixed techniques; There is, however, no general rule, and sometimes these considerations can be subverted by the “beauty” of each single piece.
The year: The date of execution of works is often very important because there are golden periods in which artists have given the best of themselves; moreover, the date can characterize the historicity of some pieces making them particularly valuable.
The style: often works that require an intense activity of the artist are more precious, because the time spent and the difficulties of realization affect the value.
Reviews: The success of a work is often measured on the basis of the reviews received (publications on catalogs, magazines, newspapers) and participation in important exhibitions, in prestigious museums and galleries, so it is possible that the value of a work Is higher than that of a less-than-rated work. It is also important to understand if the piece belongs to a particular “cycle” of the artist and therefore if it is valuable even if it is not published, for example because it belongs to a historic “cycle”. The importance of the publication is also and above all to be found as a further guarantee of authenticity over time, which enriches the work itself.
PRICES – BILLING
Prices are in Euro and include VAT at 22%.
The price guaranteed to the buyer is the one posted on the site at the time of the order.
Any price changes are dictated exclusively by MOSTRAMI SRL IS.
The customer intending to purchase the products must make such a wish through a request made directly on the site, in the specially dedicated section, where, following the procedures indicated therein, he/she will send his/her purchase order and make the payment.
The payment of the consideration is due at the time of order. The customer agrees to pay the agreed price for the product ordered on the site (price of products and transport) through the available payment methods.
The customer warrants to MOSTRAMI SRL IS to have any necessary permissions to use the payment instrument indicated at the order of purchase.
In the event that MOSTRAMI SRL IS does not receive payment, MOSTRAMI SRL IS reserves the right to cancel the order. In the case of payment by credit card, MOSTRAMI SRL IS reserves the right to request a 24-hour copy of the identity document proving the actual ownership of the credit card used, provided that, in absence of the requested shipment, MOSTRAMI SRL IS may refuse payment and cancel the order.
Payment data will be processed through a secure server-to-server connection using Secure Sockets Layer (SSL), if with credit card payment, or PayPal platform.
DELIVERY OF THE ARTWORK
As soon as payment or reservation is made, the staff of MOSTRAMI SRL IS will be careful to pack the works properly and arrange for a secure transport to the address indicated by the customer in the purchase phase, via the transport carrier. Delivery is on the groundfloor.
The costs of transport by means of Standard delivery are at the expense of Mostrami SRL IS. Delivery times by Standard service are 5 – 15 working days in Italy and up to 30 working days abroad, depending on the artwork and destination. To receive the works purchased within 48 working hours with Express delivery service (available upon extra payment depending on the artwork and on the basis of the place of arrival of the work) you can request MOSTRAMI SRL either by sending an email at firstname.lastname@example.org or by filling out the contact form. Both the Standard Service and the Express Service provide a tracking code to follow the transport of the work through the courier service site.
MOSTRAMI SRL IS can not be held liable for errors in delivery due to inaccuracies or incompleteness in compiling the order of purchase by the customer. MOSTRAMI SRL IS can not be held responsible for any damage that may have occurred to the products after delivery to the carrier responsible for transporting them and for delays in delivery to the imputabili.
The delivery document issued by the conveyor, dated and signed by the customer to the delivery of the product, will constitute a proof in MOSTRAMI SRL IS of transport and delivery of the goods.
When delivering, the customer will have to verify the content, compliance and status of the product.
In the event of delays, failures, total or partial losses or other problems, the client may resort to the carrier without the responsibility of MOSTRAMI SRL being ever taken into account.
Therefore, upon delivery, MOSTRAMI SRL IS recommends to the customer to check the status of the products delivered before signing the receipt document.
In case of anomalies, the customer must refuse delivery of the products or write down their detailed, dated reservations. These reservations must be confirmed to MOSTRAMI SRL IS by registered mail with acknowledgment of receipt within 3 (three) working days after delivery of the products.
The transfer of the risks to the client takes place at the delivery of the products to the conveyor by MOSTRAMI SRL IS. During the withdrawal period the customer is responsible for the object as custodian. In case of damage or destruction of the product during customer custody, the latter will suffer all the consequences.
Product withdrawal in case of absence of customer
MOSTRAMI SRL IS contractually guarantees the authenticity of all the works sold, assuming legal liability immediately.
Each work is accompanied by a Certificate of Authenticity, signed by the artist or the supplier (heir, family, etc.), or qualified expertise.
The certificate will be delivered at the same time as the artwork or shipped within a few days of the purchase.
EXECUTION OF THE ORDER
The order will be executed in the terms specified on the Site and on acceptance of the order by MOSTRAMI SRL IS and in any case within 30 days after confirmation of the order, subject to the availability of the ordered product and subject to a specific agreement between the parties.
In case of unavailability of the ordered product, MOSTRAMI SRL IS is committed to informing the customer as soon as possible and to specify any possible renewal term.
RIGHT OF WITHDRAWAL
The consumer has the right to exercise the right of withdrawal. In particular, the consumer has the right to withdraw from any contract concluded with MOSTRAMI SRL IS, without any penalty and without specifying the reason, within 30 (thirty) working days from receipt of the goods.
The right of withdrawal is recognized by the consumer in relation to any goods purchased by him/her on the website www.zoomonart.com
If the goods have been delivered, the customer is required to return it to MOSTRAMI SRL IS within 30 (thirty) working days from the date of delivery of the goods. Receives full proof of receipt the date reported on the delivery note.
The customer can exercise the right of withdrawal via e-mail to the address email@example.com
The good is returned to MOSTRAMI SRL IS complete with every accessory, the Certificate of Authenticity, as well as packed in its original envelopes. MOSTRAMI SRL IS does not accept damaged artworks, but kept in normal state of preservation, with the use of normal diligence. Products that are damaged by detergents/additives or products damaged by the customer will not be replaced or refunded. The customer must enter a copy of the delivered delivery document and a copy of the electronic receipt of the order within the box. The risks of transport for the return of the products are entirely borne by the customer. The costs of returning the goods to MOSTRAMI SRL IS are the responsibility of the customer. Upon termination of this contract, Mostrami SRL IS will refund all payments made by the Purchaser no later than 14 days from the date on which the Mostrami SRL IS is informed by the customer of the decision to exercise the right of withdrawal or, if the delivery of the artworks has already occurred, within 14 days of receiving the asset and following the verification of its integrity. These refunds will be made using the same payment instrument used by the customer at the time of purchase.
MOSTRAMI SRL IS has the right to reject any product returned in a manner other than those specified above, as well as products for which the customer has not fully paid the refund or the methods and times indicated for the Communication of the exercise of the right of withdrawal.
As foreseen by Legislative Decree 6/9/2005 n. 206 and Art.55 of the Consumption Code, the right of withdrawal governed by these sales conditions does not apply to custom-made or clearly customized goods or which, by their nature, can not be returned or is likely to deteriorate or alter quickly.
EXPRESS RESOLUTORY CLAUSE
In case of total or partial lack of payment of the purchase price of the goods, MOSTRAMI SRL IS reserves the right to declare under the terms and for the effects of art. 1456 of the Civil Code resolved this contract by sending a written communication to the customer’s electronic address.
USE OF THE SITE
The descriptions of the products and images on the site correspond to those made available by MOSTRAMI SRL IS. Pictures and video presentations of products with descriptive information are published on the site, given that the quality of the images, including the exact color variation, may depend on software and computer tools used by the customer when connecting to the site. MOSTRAMI SRL IS assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used because they are not dependent on their own will.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
MOSTRAMI SRL IS informs that the site, as well as all the trademarks and distinctive signs used in relation to the sale of the products proposed, are protected by applicable intellectual and industrial property rights and are prohibited for any kind of reproduction, communication, distribution, publication, alteration or transformation, in whatever form and for whatever purpose they occur. MOSTRAMI SRL IS reserves the right to act legally to protect such aspects. MOSTRAMI SRL IS assumes no responsibility for the trademarks and other distinctive signs that appear on the products it markets on the site, against which the customer does not acquire any rights following the conclusion of the Contract.
INTEGRALITY OF THE CONTRACT
These general terms and conditions of sale constitute the integrality of the parties’ obligations.
No other general or particular condition communicated by the customer may or may not be included in these general conditions.
If one or more of the provisions of these General Terms are considered invalid or declared to be enforceable under a law, regulation or final decision taken by a competent court, the other provisions will retain all their strength and value.
APPLICABLE LAW AND JURISDICTION
This contract is governed by Italian law. The jurisdiction and the exclusive forum for any legal action brought by the Purchaser under this warranty or any further legal assurances will be the Court of Lissone. In the event of a MOSTRAMI SRL IS win in any legal action, the actor will have to repay to MOSTRAMI SRL IS the expenses, including the lawyer’s parcels and the costs of the trial, incurred by MOSTRAMI SRL IS for his defense.
As far as not expressly provided in this contract, Italian law is applicable.
For any complaint or clarification, the customer must contact the number +39 02 3826 5756 or the e-mail address firstname.lastname@example.org. The customer will be contacted for clarification within 3 (three) working days of the request.