These General Terms and Conditions of Sale govern the offer and sale of Products and Dematerialised Digital Content distributed through the website www.inarte.it by the Supplier INarte.it di Roberto Castaldo, with registered office at Via Sapri 54/56, 70132, Turin, Italy, VAT No. 10659970015, REA No. TO-1284690 (email@example.com) hereinafter referred to as Supplier.
The products distributed by the Supplier through its Site consist, in particular, of CryptoCards, books, postcards, multimedia works all in different material media and formats ('Products"). Through its Site, the Provider also distributes digital content that is not provided on a tangible medium, such as e-books, digital works ("Dematerialised Digital Content'.). All Products and Dematerialised Digital Content offered to users are illustrated on the homepage of the Site and/or within its various web pages.
The offer and sale of Products and Dematerialised Digital Content on the Site constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and by Legislative Decree No. 70 of 9 April 2003, containing the regulation of electronic commerce.
These General Terms and Conditions of Sale apply to all contracts concluded with the Supplier, within the framework of a distance selling system organised by the Supplier, whether by use of distance communication technology known as 'internet', by email or by telephone.
The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the moment they are published on the Site in the "Terms of Sale". Users are therefore invited to access the Site regularly and to consult the most up-to-date version of the Conditions of Sale before making any purchase.
The applicable Conditions of Sale are those in force on the date the purchase order is sent and are available in Italian.
These Terms and Conditions of Sale do not govern the sale of products by parties other than the Supplier that are present on the Site via links, banners or other hypertext links. You should check their terms and conditions of sale before entering into commercial transactions with such parties. The Provider is not responsible for the provision of services and/or the sale of products by such parties. On the websites that can be consulted via such links, the Provider does not carry out any control and/or monitoring. The Supplier is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law on their part.
The user is obliged to carefully read these Conditions of Sale, which the Supplier makes available to him in the "Terms of Sale" of the Site and which he is allowed to store and reproduce, as well as all other information that The Supplier provides him with on the Site, both before and during the purchase procedure. By sending electronic confirmation of his purchase order, the user unconditionally accepts and undertakes to observe the sales and payment terms and conditions transcribed below in his relations with the Supplier, declaring that he has read and accepted all the information provided to him in accordance with the aforementioned rules. In the case of orders placed by telephone and/or email, these terms and conditions of sale shall be printed and, subject to signature, sent as confirmation of the order.
Purchase of Dematerialised Products and Digital Content
The purchase of Products and Dematerialised Digital Content on the Site is subject to registration and is permitted both to users who are consumers and to users who are not consumers. Natural persons are allowed to purchase only on condition that they are at least eighteen years old. Pursuant to Article 3, paragraph I, lett. a) of the Consumer Code, we remind you that natural persons who, in relation to the purchase of Products or Dematerialised Digital Contents, are acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out, are considered consumers.
The Supplier reserves the right to refuse or cancel orders that come from a user with whom it has a pending legal dispute; from a user who has previously violated these terms of sale and/or the terms and/or conditions of the purchase agreement; from a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; from users who have provided false, incomplete or otherwise inaccurate identification data.
In accordance with Legislative Decree No. 70 of 9 April 2003 laying down provisions on electronic commerce, the Supplier informs the user that:
- To conclude the contract for the purchase of one or more Products on the Site, the user must complete an order in electronic format and transmit it to the Supplier electronically, following the instructions that will appear on the Site from time to time;
- the contract is concluded when the order reaches the server used by the Supplier;
- before proceeding to the transmission of the order, the user may identify and correct any data entry errors by following the instructions on the Site or modify the order;
- once the order has been registered, the Supplier shall send the user, to the e-mail address indicated, an order confirmation containing: a summary of the information relating to the essential characteristics of the Product purchased, a detailed indication of the price, the means of payment used, the delivery costs and any additional costs;
- the order will be stored in the Supplier's database for as long as necessary to execute it and, in any case, within the terms of the law. The essential elements of the order will be set out in the order confirmation. Registered Users can also access their order form by consulting the "My Orders" section of the Site.
The language available to users for the conclusion of the contract is Italian.
Subject matter of the contract
This contract between the supplier and the consumer regulates the buying and selling of books at a distance. Information on products that can be purchased is available on the site www.inarte.it and may also be requested by writing to firstname.lastname@example.org. The Supplier reserves the right to change without notice what is published on its website, including the contractual and economic conditions of online or other distance purchasing, without prejudice to the validity of contracts duly concluded prior to the change.
Prices of goods and terms of payment
Distance selling prices are shown on the web pages presenting the individual products, together with an indication of any offers, discounts and favourable purchasing conditions. These prices are in Euro and are inclusive of Value Added Tax and taxes and, only where specified, also include shipping costs.
Payment for Products purchased on the Site can be made by credit card, PayPal payment solution, or other payment systems - even temporarily - rendered
available on the Site, and by means of a prepaid purchase voucher ("Voucher") or other types of vouchers.
Payment by Voucher or other prepaid vouchers
The Voucher is a prepaid purchase voucher that can be used exclusively to make purchases through the Site. The amount of the credit in the Voucher is directly made available in the INarte.it Account of the user. The Voucher is valid for one month from the moment of activation. Purchases paid for with the Voucher shall be deducted from the Voucher balance. Any unused amounts shall be automatically shown in the user's INarte Account, and may be used for future orders within one year after the last use of the Voucher. Users may check the balance of their Voucher at any time via their INarte.it Account.
Via the 'Make a Recharge' section on the "My Account"you can: - load new credits - check your piggy bank balance
In the Money Box you find the credits at your disposal.
To use them, simply select the item corresponding to the desired credit during the purchase process and the corresponding amount will be deducted from your order. Any unused amount will remain available in your account and can be used for new orders within one month after the first use.
If there are products in the shopping cart that are not compatible with the chosen credit type, the corresponding item in the Money Box cannot be selected. It will therefore be necessary to remove these products in order to proceed or to choose another payment method.
If the amount to be paid exceeds the available credit, the amount must be paid by credit card, PayPal.
The credits are cumulative and can be used, within one month from the moment of activation, exclusively for the purchase of products on INarte.it
InArte offers the possibility of making purchases on the site with a 'percentage discount' (CashbackCashback is an amount reimbursed to the user following purchases of goods and/or services by the same. The discount amount is credited directly to INarte's digital wallet (credits) upon order confirmation.
Credits accrued may be spent by purchasing other products exclusively on the INarte.it site. Unspent credit cannot be refunded, converted or transferred outside the INarte.it site.
Acceptance of orders
A Consumer's order is accepted and becomes binding on the Supplier depending on the shipping and payment method chosen by the Consumer.
- The online order paid for at the same time by credit card or Paypal is binding for the Supplier upon confirmation by e-mail, sent to the Consumer, that the order process has been successfully completed and the Total Amount Due has been paid.
- If the user places an order online and chooses a payment method other than credit card or Paypal, he will immediately receive an e-mail with all the information needed to make the payment and complete his order. This order shall only be binding on the Supplier when the latter receives certain confirmation of payment by the user of the Total Amount Due.
- For other modes of distance purchase, the order becomes final for the Supplier when certain proof of payment is received, attested by the communication of credit card details or by sending the postal or bank transfer receipt by e-mail.
- If the user does not pay the Total Amount Due, the Supplier will send him an e-mail inviting him to pay the Total Amount Due within 3 days if he has chosen credit card, bank transfer or PayPal as the method of payment, with the caveat that if he fails to do so within that period, the contract will be deemed to have been rescinded.
Product availability and order processing methods
The products offered on the Site are those illustrated within the various web pages of the Site.
The products presented on the www.inarte.it website are generally available and can be dispatched within one working day from receipt of the consumer's order, or in any case within the terms of the law. The availability of individual products is in any case indicated in their respective presentation sheets. Orders for products with different availability will normally be processed as soon as all ordered volumes are available. In this way, the shipment will be a single shipment and the associated costs for the consumer will be minimal. If, on the other hand, the consumer wishes to receive the available books immediately, he or she must specify this when placing the order.
However, since the Site may be visited by several users at the same time, it may happen that several users purchase the same Product at the same time. In such cases, therefore, the Product may be, for a short period of time, available, being instead out of stock or not immediately available.
In the event of a delay with respect to the availability indicated on the website at the time of the order, the Supplier shall contact the Consumer informing him of the estimated time to receive the products ordered. If the Consumer is not willing to wait, the Supplier shall refund the Consumer within 30 days of any sums already paid for the products that are not available.
Shipments in Italy of the ordered products are made through the Italian Post Office or through approved couriers.
Right of withdrawal
A user who is a consumer has the right to withdraw from the contract for the purchase of the Product without having to provide any reasons within a period of fourteen calendar days. The withdrawal period begins ("Withdrawal Period“):
a) in the case of an order for a single Product, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the Products;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the last Product.
To exercise the right of withdrawal, the user must inform the Supplier before the expiry of the Withdrawal Period of his decision to withdraw. For this purpose, the user may submit any other explicit declaration of his decision to withdraw from the contract ("Declaration of Withdrawal"). In the event that the user avails himself of the Right of Withdrawal, the consumer is requested to indicate in the Declaration of Withdrawal the order number, the Product(s) for which he intends to exercise the right of withdrawal, his address, and the number of the purchase invoice.
You must return the Products to the Supplier complete with any free gifts, using a carrier of your choice and at your own expensewithout undue delay and in any event within a period of 14 calendar days from the date on which he communicated his decision to withdraw. The direct costs of returning the Products shall be borne by the user.
If you withdraw from the contract, the Supplier will refund the Total Amount Due paid by you for the Product, including delivery costs, without undue delay and in any event no later than 14 calendar days from the day on which the Supplier was informed of your decision to withdraw from the contract. The refund will be made using the same means of payment that the user used for the initial transaction. The refund may be suspended until the receipt of the Products or until the user proves that he/she has returned the Products, whichever is earlier. The user shall only be liable for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product shall in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, with the labels where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear and tear or dirt. Moreover, withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
In the event that the withdrawal is not exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. The Supplier shall notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product shall remain at the Supplier's premises at the user's disposal for collection, which shall take place at the user's expense and responsibility.
In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount shall be reduced by an amount equal to this decrease in value. The Supplier shall notify the user of this circumstance and the resulting diminution in the refund amount within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, with the bank details for payment of the amount owed by the user due to the diminution in value of the Product.
The Right of Withdrawal is excluded in the case of purchase of products accompanied by magnetic media and readable with any type of device (CD, DVD, Smatphone, etc.) or by downloadable materials from the INarte.it website, if the download has already taken place).
Assistance and Complaints
Any requests for assistance or complaints should be submitted by e-mail to email@example.com.
Pursuant to and for the purposes of Legislative Decree No. 196/03 (the "Privacy Code"), the parties declare that they have mutually informed each other that the personal data collected for the formalisation of this deed are subject to processing in the Customers/Suppliers file and are necessary for the correct management of civil and tax obligations. Such data may also be processed for management, statistical and commercial purposes. The parties holding the respective data also expressly declare that they are aware of the contents of Article 7 of the aforementioned decree. The full text of Article 7 of Legislative Decree 196/2003 concerning the rights of the data subject is available on the Guarantor's website www.garanteprivacy.it
As of 25 May 2018, the European Privacy Standard marked a major change in the management of personal data and the approach to privacy law. INarte, in compliance with the requirements of EU Regulation No. 2016/679 - GDPR, has adopted its own Privacy Organisational Model that continues to focus on the security of personal data and respect for the right to Privacy. Further information on the GDPR and Cookies adopted by the INarte.it website can be found on our Privacy and Cookie page https://www.inarte.it/nft/privacy-policy-2/
The data controller is Roberto Castaldo (firstname.lastname@example.org), owner of INarte.it.
Disputes: Out-of-Court Settlement and Jurisdiction
For the settlement of disputes arising from the exact application of the contracts governed by the provisions of Sections I to IV of Legislative Decree No 206 of 6 September 2005 ("Consumer Code") recourse may be had to the out-of-court dispute resolution procedures set out in Part V, Title II-bis of the same code.
Any dispute relating to the application, execution, interpretation and breach of the purchase contract stipulated online through the INrte.it site is subject to Italian jurisdiction and the Court of Turin shall have exclusive jurisdiction. Approval pursuant to articles 1341 and 1342 of the Italian Civil Code.
Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, we inform the consumer that if he/she has filed a complaint following which it has not been possible to resolve the dispute, he/she may turn to Alternative Dispute Resolution bodies for out-of-court settlement.
The ODR platform can be found at http://ec.europa.eu/consumers/odr.