ANTIQUE SHOP OF SAN GIMIGNANO
GENERAL CONTRACT TERMS AND CONDITIONS
- 1 When the contract is entered into. This sales contract shall be entered into with the purchaser accepting the offer put forward by Firm Mario Curini, in the person of its pro tempore owner Mr. Mario Curini , based in San Gimignano (SI) in Via San Matteo 81 (VAT registration no. 0782760486)
- 2 Place in which the contract is entered into. According to the existing legislation, this internet contract shall be entered into at the domicile of the offeror.
- 3 Obligations. No further obligations exist for the purchasing party except for those expressly set forth in this contract.
- 4 Specific information about the contract being entered into. In compliance with art. 12 of Law no. 70/2003, this contract shall be entered into by accepting in “successive stages” the offer as depicted in the Web site www.mariocurini.it and connected links. The data on the contract as entered into shall be filed in a dedicated server, continuously backed up and stored for at least 10 years from contract finalization. The data, which shall be acquired by the selling party in successive stages, can be changed at any time by means of dedicated keys, until the end of the purchasing process which shall take place with bank, electronic or phone payment. Should the process end with payment, a change in the invoicing details can be required, should the latter have been entered incorrectly, until the piece is delivered to the forwarding agent, by directly contacting the selling party at the following addresses; Tel 0577 - 940665 Fax 0577 - 940665 e_mail email@example.com Skype curini.simone . Should purchase be made unintentionally, please refer to the withdrawal procedure, regulated by art. 17 of these general terms and conditions. Immediately after having concluded the purchase, electronic confirmation of the same shall be sent to the e-mail address given to the selling party. It is expressly agreed that, upon acceptance hereof, any communication concerning this sale shall be sent by e-mail.
This contract has also been translated into English by WHAG srl that certificate the English translation of the test"condizioni generale di contratto" as perfectly adherent to the italian test . Any disputes arising out of the incorrect execution of this contract shall be settled by resorting to the Italian judiciary, according to the references and derogations provided for in articles 16 and 17 of this contract.
- 5 Payment. Payment shall be made according to the typical arrangements provided for in this contract and namely: paypal; credit card via phone or by electronic transmission – on the Banca Sella circuit - , and bank transfer. Electronic payment by credit card takes place on a remote basis on the Banca Sella circuit and is subject to the general terms and conditions for the above financial service. Should funding be required, the Company Consel spa is available, with which the purchasing party shall entertain direct relations, as the selling party is not a financial intermediary.
- 6 Option. The purchaser can request an option on the purchase of the good, which is going to undergo restoration or any other technical improvement works. The option shall last 30 days, be onerous and equal to 20% of the final price to be paid in advance, unless different agreements are reached for particularly onerous works or for works which might lead to a reduction in value of the good. When the sum is paid, the works shall start according to the indications given by the option purchaser and the sales apparatus shall be prepared. Should the committed purchaser, after having examined the good, not enter into the contract, the sum paid shall be anyhow retained. The same shall apply for failure to confirm the purchase within 10 days of notification of execution of the works on the part of the seller.
- 7 Direct collection. Every good can be collected at the warehouse of the selling party, after having agreed on the times and modalities.
- 8 Shipment. The goods are delivered Carriage Paid. Hence, the shipping costs shall be charged when the balance is paid. The selling party’s commitment shall be limited to paying the price to the forwarding agent. The purchasing party hereby expressly declares to hold the selling party harmless from any liability arising out of the shipment. Only professional carriers shall be used, recommended to the seller according to the specific features of each shipping company and their location. Shipment shall take place within 5 days of the date in which the contract was entered into, with the exception of the events listed in art. 9 below. The selling party’s commitment shall be exclusively to ensure that the shipping times are met. Delivery times are not guaranteed, as they solely depend on the shipping firm. Shipment shall not mean home delivery. Should home delivery be required, the purchasing party shall agree on the price and times directly with the carrier.
- 9 Delayed delivery. Shipment shall not take place within 5 days of the date in which the contract was entered into should one of the following specific circumstances occur:
- a) If payment is by Bank transfer, the purchased good shall be shipped after the amount has been credited, or upon exhibition of the Money Transfer Control Number.
- b) If payment is by credit card from a non-European country for which the Banca Sella circuit does not guarantee payment, the deadline shall start when the security report is sent by the banking institution.
- c) Should the sold object require restoration or prior sale authorizations (as a mere example, an authorization from the Italian Fine Arts Office will take 45 days), it shall be sent after restoration has been performed or after the necessary authorizations have been obtained.
- 10 Packaging. The selling party shall provide for the packaging of the piece using specific cardboard or wooden boxes according to the needs and fragility of the piece. All the objects shall be accurately placed in proper shockproof lining. The cost of the packaging shall depend on the type used. The packaging shall be chosen by the selling party, based on the acquired experience.
- 11 Guarantee and defects. In compliance with what is provided for in part IV, title III, chapter I of Legislative Decree no. 206 of 6th September 2005, the selling party guarantees the purchasing party that the delivered good corresponds to the one offered and is suitable for the intended use, in full implementation of art. 130 of the aforesaid Law. Considering that these are used goods, in relation with the terms provided for in art. 132 of the aforesaid law, the limitation under art. 134, II paragraph, of the aforesaid law is also applicable, so that the duration of legal guarantee is conventionally reduced to one year from purchase. The above rule is also in force in contracts with subjects resident abroad. Please send any complaints and objections, within eight days of detection by registered letter with return receipt to: Firm Mario Curini Via San matteo 81 San Gimignano ( Si ) .
Guarantee against damage to the piece of furniture or to other furniture placed immediately near it caused by woodworms is expressly excluded, unless a specific woodworm treatment is required.
- 12 Assembly and disassembly. The piece is usually sent in the same conditions as it was shown at the moment of purchase, unless it must be disassembled for reasons related to the safety of the same. The purchasing party, because of its own specific reasons, may request that the piece be disassembled, if this operation is possible and does not damage the good. The selling party can ask the purchasing party to pay, for the disassembly operation, a sum of money which shall be agreed upon each time. The selling party shall not be in any way liable for possible problems incurred while reassembling the piece; it instead guarantees that the disassembly will be performed “in a workmanlike manner”.
- 13 Appraisal. Under the existing legislation, appraisal of the piece is necessary if the latter is over 50 years old and to be sold abroad. The selling party is willing to provide for the above appraisal and shall charge an amount of money to be agreed upon, and anyhow not higher than € 200.00. If requested, even though not required by the law, the appraisal shall be performed at the same price and conditions mentioned above.
- 14 Additional expenses. Any additional expense, including but not limited to: shipment, customs charges, duties, port dues, bank transfer fees, and any other sum due, not strictly connected to the price, shall be borne by the purchasing party.
- 15 Tax free. On purchases made by subjects resident in non-European countries, the selling party offers a TAX FREE service with different modalities depending on whether the good is collected directly (through the Global Refund Company) or purchased after shipment (not charging the VAT when the invoice is issued).
- 16 Jurisdiction. This contract is governed by Italian law. For contracts entered into with purchasers residing abroad, it is herewith conventionally agreed that the applicable law shall be the law of Italy. The following shall apply: Law 218/1995 (expressly mentioned), the Brussels Convention and Law 975/1994 transposing the Rome Convention, with the limitations concerning foreign mandatory rules.
- 17 Competence. Under art. 63 of Legislative Decree no. 206 of 6th September 2005, if the purchaser is resident or domiciled in Italy, the territorial competence of the Judge called to settle any disputes arising out of this contract is, mandatorily, that of the purchaser’s domicile. Instead, if the purchasing party is neither domiciled nor resident in Italy, by accepting these general terms and conditions, the parties expressly agree that the competent court shall be the one of the offeror’s domicile, and hence the Court of Siena, branch of Poggibonsi, in compliance what is provided for in Law 70/2003, transposing European Directive no. 31/2000.
- 18 Regulatory framework. As it is mandatory, and anyhow expressly mentioned and accepted by the prospective foreign purchaser, the regulations provided for in Part III, Title III, Section II of Legislative Decree no. 206 of 6th September 2005 concerning distance contracts, as integrated by Law 70/2003, shall apply.
- 19 Right of withdrawal. Under art. 64 of Legislative Decree no. 206 of 6th September 2005, within ten days of receipt of the good, the purchaser can withdraw from the sale, and communicate, by registered letter with return receipt or other suitable and similar means, that it is willing to do so if the good has not been sent, within ten days of the date in which the contract was entered into. On the contrary, if the good has already been sent, the withdrawing party, in order for the withdrawal to be valid, shall return the good, refund the selling party the expenses borne by virtue of this contract, as well as the shipping charges, and bear the costs incurred to return the good. In the latter case the deadline, also ten days of receipt of the good, shall be considered as met when the piece has been returned to the forwarding agent. When the right of withdrawal is exercised, if the price has been paid, it shall be refunded. The sum paid under art. 6 of this contract shall not be refunded, as it does not constitute a down payment. The right of withdrawal can only be exercised if the good has not been damaged.
- 20 Supervening impossibility. Should the selling party be unable to perform its duties hereunder due to a previous purchase or to unexpected occurrences, the purchaser shall be informed under articles 53 and 54 of Legislative Decree no. 206 of 6th September 2005; the expenses incurred shall be reimbursed and so shall the price if paid. No other compensation can be claimed against the selling party.
- 21 Sales account and exchange. Through specific negotiations, both exchange and sale on behalf of third parties are possible. As to the specific case, the service shall be assessed by and the economic details agreed upon between the parties. In the cases governed by this article, the object shall be sold unrestored.
- 22 Vexatious clauses. Under art. 1341 of the Civil Code as well as articles 18 and 19 of the Vienna Convention of 1980, as transposed by Law 765/1985, the purchasing party expressly accepts the conditions set forth in clauses no. 4, 6, 8, 9, 16, 17 and 20, and declares that it is aware of the specific derogations contained in them and that the same may be vexatious, yet deems them to be essential for this contract to exist.
- 23 Privacy.
In accordance with article 4 of Legislative Decree of 30 June 2003 no. 196, we wish to inform you that the personal data supplied by the purchasing party during the electronic order process will be processed by the Firm Mario Curini, through the Data controller, in the person of Mr. Mario Curini , in compliance with what is provided for in the specific policy paper. The data shall be processed lawfully, properly, and taking the measures needed to ensure the utmost confidentiality.
The data shall be processed by computer, in order to allow the Firm Mario Curini to fulfil the obligations strictly related to the processing of the order placed.The Firm Mario Curini shall not be able to process the order if the data required in the form are not supplied. The Firm Mario Curini, Data controller, can be contacted at any time to enforce the rights provided for in articles 7, 8 and 9 of Legislative Decree no. 196/2003.
When the order is placed, the Firm Mario Curini shall request information about the personal data which enable the identification of the user, such as name and address, and about non-personal data, such as profession and other demographics
The Firm Mario Curini collects anonymous information, such as the number of connection attempts made by a user to access, the average time elapsed before the home page is displayed or the duration of an online session, if the function to constantly monitor the quality of the service is enabled. The Firm Mario Curini performs monitoring to improve the technical quality of the service. Anonymous information do not include data which might allow personal identification.
The Firm Mario Curini and the certified partners who collaborate with it, collect and use the personal data to ensure that the service functions properly. The Firm Mario Curini reserves the right to contact its own customers and/or users to inform about trade offers. In such cases, the personal data are not transferred to third parties.
Moreover, the Firm Mario Curini can share data with the certified partners to facilitate the processing of statistical analyses, send communications by e-mail or ordinary post, provide customer assistance services or arrange deliveries. The above mentioned third parties shall only use personal data to provide the Firm Mario Curini with the above services and shall maintain the utmost confidentiality.