1. General conditions
The offer and sale conditions contained herein (hereinafter the “Conditions”) regulate the on-line offer and sale of jewelry and/or antiques, vintage clothing and accessories, artistic objects and modern and designer furniture (hereinafter the “Products”) published on the www.mirabilia.gallery web site (hereinafter the “Site”).
The Products are offered and sold directly by the owner of the Site Dr. Giangiacomo Castellano (hereinafter the “Seller”), Via Lorenzo Perosi, 38, apt. 3 – 15057 Tortona (AL).
Taxpayer number CSTGGC73C30L750T; VAT number 02434970063.
The Seller may be contacted by the users of the Site by e-mail at the following address: firstname.lastname@example.org or by telephone at +393487144473.
2.General information for users of the Site
2.1 The offer and the sale of the products presented on the Site are exclusively reserved for end users who are consumers.
2.2 A consumer is defined as any physical person who acts for reasons that do not fall within the context of their own business, entrepreneurial, crafts or professional activities, however conducted.
2.3 The Seller reserves the right to process purchase orders originating from users of the Site who are not consumers.
2.4 The Seller reserves the right to process exclusively the requests to purchase originating from countries listed in the home page of the Site.
2.5 Prior to effectuating an Order for Products on the Site, in addition to verifying all the useful information relating to the Products available on the Site, a Client must carefully read the Conditions, the Information concerning the treatment of personal data and must consult the FAQ section with special reference to the indications concerning: shipping and handling, delivery, right of withdrawal.
Moreover, Clients are encouraged to download the Conditions and the Information concerning the treatment of personal data and the Information concerning the right to withdrawal on a durable support or to print same, utilizing the appropriate key. Should a Client so request, the Seller will send the Conditions and the Information concerning the treatment of personal data to the e-mail address indicated by the Client.
2.6 The Conditions set forth herein do not regulate the provision of any Services offered by the Seller on the Site. With respect to providing any Services, the Client must refer to the specific conditions indicated in the relevant section of the Site and to the conditions agreed upon with the Seller.
3. Information concerning the Products
3.1 The Products presented in the Site are selected and sold directly by the Seller.
3.2 The Products selected are of a quality that reflects the sector standards generally recognized relating to antiques, modern and design objects.
Any imperfections or indications of usage may be intrinsic characteristics of the Products and may contribute to determining their value.
3.3 The characteristics of each Product are described in the “individual product description”. The pictures of the Products published on the Site are merely for illustrative purposes and may not correspond to the real Products as a result of the Internet browser or the monitor used.
3.4 All of the images, illustrations and/or logos referring to the Products are protected by copyright and all intellectual property rights are and remain the exclusive ownership of the Seller. Consequently, any duplication, reproduction and/or dissemination thereof is prohibited. Any content taken from the Site may not be copied, reproduced, published, downloaded, sent, transmitted or distributed in any manner, except for a simple registration of the documents on a single computer for the sole personal use of the Client and not for any commercial purposes. Any modifications to the contents of the Site or their use for other purposes constitutes an infringement of the Seller’s ownership rights.
3.4 The Product description indicates whether or not the Product is accompanied by a certificate of origin or guarantees which constitute an integral part of the Product.
4. Prices and Product availability
4.1 The price of each Product is expressed in Euro and includes any and all applicable taxes and fees borne by the Seller. Shipping and handling fees listed in detail in the Purchase Order must be added to the price indicated in the Product description.
4.2 Product prices are subject to adjustment. Prior to placing an Order, Clients must verify the total cost of each Product.
Upon request, the price of certain valuable Products will be sent to interested Clients by the Seller via e-mail.
4.3 Bearing in mind the sector concerned, each Product must be considered as a “unique item”. Should more than one item of the same Product be available, the Seller will make note of this in the relative Product description.
Should any Product ordered not be available, the Seller will so advise the Client within five (5) working days via e-mail. Should a Product not be available, no charge will be attributed to the Client. Should the purchase price already have been charged, the corresponding amount will be reimbursed within fifteen (15 days).
5. Payment methods
5.1 Clients may utilize any of the following methods indicated in the Order Form to pay for the Products and the relative shipping and handling fees.
The Seller only accepts the following payment methods:
– credit card
– bank transfer
5.2 Under no circumstances will other costs relating to the chosen payment method be charged to the Client.
5.3 The cost of the Products as well as the relevant shipping and handling fees, as indicated in the Order Form, will be charged to the Client’s bank account when the Products ordered have been sent.
5.4 With respect to payments by paypal or credit card, any financial information (such as card number or expiration date) will be transmitted to the bank or financial institute that provides the electronic payment services by means of an encrypted protocol in order to prevent unauthorized access by third parties. The Client’s financial data will be used by the Seller exclusively to fill and complete the Order, to effectuate refunds in case of any Products returned as a result of the exercising of the right of withdrawal or should same be necessary in order to prevent or report to police authorities any illegal acts.
5.5 The Seller will ship the Products ordered only after having verified that the payment by the Client has been correctly effectuated (for example, after having received the authorization for the charge by the relative bank, save that the charge will only be effectuated once the Products ordered have been shipped).
6. Shipping and handling
6.1 Products will be delivered to the address indicated by the Client on the Order Form. For the sake of security, the Seller reserves the right to refrain from shipping the Product should the Order Form contain only a post office box number or should it not be possible to identify the recipient of the order and the relative address.
6.2 Shipping expenses are borne by the Client and are clearly indicated on the Order Form and in the relative invoice, unless otherwise agreed upon with the Seller.
6.3 Products will be delivered to the Client by a shipper selected at the discretion of the Seller during week days (consequently from Monday to Friday, excluding Saturday, Sunday and local or domestic holidays) starting from the day following the confirmation of the Order Form and in any case within ten (10) working days from the confirmation of the Order Form. Under no circumstances will the Seller be held responsible for any unforeseen delays or errors in the delivery attributable to the shipper.
The presence of the Client or a delegate is required for the delivery.
7. Purchase procedures and perfection of the contract
7.1 The Client may select one or more Products from the Site and if interested in purchasing the items, may place them in the “shopping cart”. If the purchase procedure is not completed, the contents of the shopping cart will automatically be emptied. In order to purchase Products, Clients must:
a) Carefully read and verify the summary of the information concerning the essential characteristics of the Product ordered, the details pertaining to the shipping costs, the conditions on the right to withdrawal and Information concerning the treatment of personal data;
b) Complete the electronic Order Form following the instructions contained in the Site;
c) Select the preferred payment method;
d) Read and expressly accept the Conditions;
e) Select the “purchase” option which electronically sends the Order Form.
7.2 The Client may correct the data inserted in the Order Form by following the corrective procedures indicated in the Site prior to transmitting said Order Form.
7.3 In sending the Order Form, the Client acknowledges and confirms that all the indications provided during the purchase and acceptance procedures have been read and agreed to and that said Client wholly accepts the Conditions that constitute an integral and substantial part of the Order and which discipline its performance.
7.4 The Client should print out the Conditions, the Information on the Right to Withdrawal, and the Information concerning the treatment of personal data or save same or make a copy of same for said Client’s personal use.
7.5 The contract will be considered completed when the Seller receives the electronic Order Form from the Client and verifies the correctness of the data inserted in the Order. Immediately thereafter, the Seller will electronically send the Client a receipt of the Order Form containing the Conditions, the information concerning the right to withdrawal and the summary of the information that the Client examine prior to making the purchase.
7.6 The Order Form will be saved to the Seller’s data bank for the amount of time required to handle same and complete the order and in any case within the period of time established by law. Clients can access the Order Form through the appropriate section on the Site or by contacting the Seller.
7.7 The Seller reserves the right to reject any orders placed by Clients with whom a law suit is pending relating to a previous order or for any other legitimate reason, without the need to motivate said rejection
7.8 The Seller reserves the right to refrain from processing any orders that may be incomplete or inexact or if the Products are unavailable. In these cases, the Seller will advise the Client by email that the contract cannot be perfected and that the Seller did not process the order, providing the reasons for same.
7.9 Should the Products no longer be available or for sale at the time of the last access to the Site by the Client or at the time of sending the Order Form, the Seller will promptly advise the Client and in any case 5 (five) days from the receipt of the Order. Should the Order Form already have been sent together with the purchase price, the Seller will refund any amounts already sent by the Client, without undue delay.
7.10 The Italian language will be used in any communications with the Seller for the purpose of perfecting the contract.
8. Right of withdrawal
8.1 The Client has the right to withdraw from the contract entered into with the Seller, with no penalties and without the need to specify the reason, within fourteen (14) days from the date of receipt of the Products purchased on the Site.
8.2 In order to withdraw from the contract, the Client may use the withdrawal form (of the type indicated in Section 49.4 of the Consumers’ Code) to be filled in and sent on-line in the “Withdrawal” section of the Site or may send the Seller a specific request (a letter sent by postal service or e-mail) concerning the decision to withdraw from the contract.
8.3 Should the Client decide to use the withdrawal form to be sent directly on-line from the Site, the Seller will confirm receipt of the withdrawal request by sending an e-mail to the Client. Should the Client decide to send another request for withdrawal, the burden of proving the correct and prompt exercising of the right to withdrawal rests with the Client.
8.4 Should the Client exercise the right to withdrawal, said Client must return the Products to the Seller within fourteen (14) days from sending the notice to the Seller of the decision to withdraw from the contract.
8.5 The right to withdrawal is intended as correctly exercised by the Client when, in addition to the provisions of clauses 8.1, 8.2, 8.3 and 8.4, the following conditions have also been complied with:
a. the withdrawal form (sent directly on-line through section “Withdrawal” of the Site) or other specific statement pertaining to the Client’s decision to withdraw from the contract must be correctly filled in and sent to the Seller within fourteen (14) days from the receipt of the Products;
b. the Client has not used the Products or in any way altered or damaged same;
c. the Products returned must be sent by the Client within fourteen (14) days from the time that the Client advised the Seller of the decision to withdraw from the contract.
8.6 If the right to withdrawal is correctly exercised, the Seller will refund any sums that may have been received for the purchase of the Products according to the terms set forth herein.
8.7 The Seller will refund any sums that may have been received as quickly as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware that the right to withdrawal was being exercised, save verifying the correct execution of the withdrawal terms and conditions as indicated above
8.8 Should the Client exercise the right to withdrawal, the Seller reserves the right to not refund in whole any sums corresponded by the Client for the purchase of any products that may have been altered with respect to their essential and qualitative characteristics or which may have been damaged.
8.9 In any case, the Client will bear the costs for returning the Products.
9. Timeframe and refunding
9.1 Refunds, whether in whole or in part, are given by the Seller as soon as possible and in any case within fourteen (14) days from the date on which the Seller became aware that the Client had exercised the right of withdrawal subject to verifying compliance with the procedures and conditions set forth in Section 8.
9.2 The Seller will proceed with the refund using the same method of payment as that used by the Client to purchase the Products returned, save that the Client has specifically made arrangements with the Seller for using a different payment method and subject to the condition that the Client need not bear any other costs as a result of the refund.
9.3 In any case, should the recipient of the Products indicated in the Order Form not correspond to the person who effectuated the payment of the mount for their purchase, should the right to withdrawal be exercised the Seller will refund said amount to the person who effectuated the payment.
10.1 The Products offered for sale on the Site are provided on the basis of their availability at the time the Order is sent.
10.2 The Seller guarantees the compliance of the Products order with the characteristics and requisites indicted in the product description and pursuant to the provisions of Italian law and the Consumer’s Code (Legislative Decree n. 206 dated September 6, 2005).
Pursuant to the provisions of Section 130 of the Consumer’s Code, in the case of any defects in product conformity at the time of delivery, the Client will be entitled, free of charge, to the repair or substitution of any Product that does not conform to the specifics or to an equitable reduction in price or to the termination of the contract. If so desired, the Client may ask the Seller to repair the Product or to substitute same, without any cost for either party, save that the solution requested is objectively impossible or excessively burdensome with respect to the other.
Any complaints may be sent by email to the following address: email@example.com.
10.3 The Seller does not provide guarantees, whether explicit or implicit, that extend further than those set forth in the product descriptions contained in the Order Form and in the Conditions.
10.4 The Client acknowledges and accepts that in consideration of the fact that the Products sold on the Site are used, the guarantee period is limited to one (1) year.
The Product guarantee provided by the Seller is valid on the condition that both of the following conditions are complied with:
a) the defect appears within twelve (12) months from the date of delivery of the Products;
b) the Client submits a formal complaint to the Seller relating to the Product defects within and not exceeding two (2) months from the date on which the defect appeared.
The Seller will not be held responsible for the work of any third parties who, as independent auxiliaries, take part in the management or handle the payment operations, the delivery of the goods or in any other operation connected to the performance of the contracts concluded through the Site. The Seller will not be held responsible for any delay and/or failure to execute the Order due to circumstances outside the Seller’s control.
11. Treatment of personal data
Personal data pertaining to the Client and inserted in the Order Form or in the registration form will be treated for the purposes and in compliance with the provisions indicated in the Information concerning the treatment of personal data.
With respect to any other information, the Client may send a request to the following email address: firstname.lastname@example.org.
12. Applicable law and Jurisdiction
12.1 The Conditions contained herein are disciplined by Italian law and in particular by Legislative Decree no. 205 dated September 6, 2005, the Consumer’s Code and by Legislative Decree no. 70 dated April 9, 2003 concerning certain aspects of electronic commerce.
12.2 Any controversies that may arise with respect to the interpretation, validity and/or performance of the Conditions will be settled by the judge of the place of residence or domicile of the Client, wherever situated in Italy. In all other cases, territorial competence will remain exclusively with the Court Alessandria.
13. Amending conditions and Site information
13.1 At any time the Seller has the right to amend or correct these Selling Conditions, the Information concerning the treatment of personal data, and substitute the Products offered on the Site and their price. Consequently, the Client is obliged to examine the product description and the Conditions each time the Site is used to effectuate a purchase.
13.2 The Seller reserves the right, at any time and without notice, to correct any errors, mistakes or omissions on the Site, to amend or update the information, to revoke any offer and to annul any order prior to shipment, even after an order has been sent and even if the Order Form has been confirmed.
13.3 Any amendments and/or corrections will be considered valid in relation to the purchase orders sent subsequently to the date of amendment or correction effectuated by the Seller. In particular, the prices that will appear on the Site at the time of the confirmation of the Order Form will be charged to the Client, on the condition that the Products ordered are available at that time.