CONTRACT FOR THE ONLINE SALE OF CONSUMER GOODS AND SERVICES
The Buyer explicitly declares to accept this sales contract and all the articles listed below.
Identification of the Seller: the goods and services covered by these General Conditions are offered for sale and/or lent – through its website www.liquidartsystem.com – by Liquid Art System Srl Unipersonale, with registered office in Capri (NA), via Parroco F. Canale n. 4, e-mail address firstname.lastname@example.org, PEC email@example.com – registered with the Chamber of Commerce of Naples at n. NA-765276 of the Register of Companies, VAT number IT05629311217, hereinafter referred to as “Seller”.
Art. 1 – Definitions
1.1. The term “Seller” means the aforementioned subject, that is, the provider of information services.
1.2. The term “Buyer” means the natural person who makes the purchase, as referred to in this contract, for personal or professional purposes.
1.3. The term “online sales contract” means the contract of sale relating to the services and tangible movable assets of the Seller, stipulated between them and the Buyer as part of a distance sales system through electronic devices, organized by the Seller.
Art. 2 – Object of the contract
2.1. With this contract the Seller sells and the Buyer purchases remotely through electronic devices the tangible movable assets and services indicated and offered for sale on its website www.liquidartsystem.com, respectively.
Art. 3 – Stipulation of the contract
3.1. The contract between the Seller and the Buyer is concluded exclusively on the Internet through the Buyer’s access to the www.liquidartsystem.com website, where, following the procedures indicated, the Buyer will finalise the purchase and/or the proposal for the purchase of the goods and/or services referred to in item 2.1 above.
Art. 4 – Finalisation and validity of the contract
4.1. The purchase contract is concluded by filling in the request form accurately and the consent to the purchase is given through online registration.
4.2. When the Seller receives the order from the Buyer, a confirmation will be sent by e-mail or a web page will appear to confirm and summarise the order.
4.3. The contract shall not be deemed finalised and valid between the parties should the above-mentioned requirements not be fulfilled.
Art. 5 – Payment and refund methods
5.1. Any payments by the Buyer can only be made by means of one of the methods indicated on the Seller’s web page: credit card or bank transfer.
5.2. Any refund to the Buyer will be credited through the same payment method chosen at the time of purchase or through one of the methods proposed by the Seller and agreed by the Buyer.
5.3. All communications about payments take place via a Seller’s secure encrypted channel. The Seller guarantees the storage of this information with an additional level of secure encryption and in compliance with the provisions of current legislation on the protection of personal data.
Art. 6 – Delivery times and methods
6.1. After concluding the purchase, the Seller will pack the item, with wooden crate and a customized protection for each artwork, allowing the shipment to be in maximum safety. The shipment takes place according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email mentioned in 4.2 above.
6.2. Shipping times, indicatively and not restrictively, may vary from a minimum of 15 working days from the order confirmation for EU countries, to a minimum of 30 working days from the order confirmation for non-EU countries, due to the formalities to be performed and necessary to the circulation of works of art. Should the Seller be unable to ship within this term, an e-mail notification will be promptly sent to the Buyer. When contacted by the customs, the client, as importer, will have to provide for the required documents and will have to pay possible local taxes applicable in the country of destination.
6.3. The Seller will not be responsible for any delays and/or damages by the couriers, attributable to external causes or force majeure.
6.4. If local pickup is chosen, the Buyer with previous notice to the Seller can go directly to the Gallery headquarters in 80073 Capri (NA), via Vittorio Emanuele n. 56, or 84107 Positano (SA), via dei Mulini n. 16, and collect the items purchased.
Art. 7 – Prices
7.1. All sales prices of the items displayed and mentioned on the www.liquidartsystem.com website are in Euro and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2. The sales prices, mentioned in 7.1 above, are net of VAT. VAT will be added to the final sale price for Buyers residing in the European Union.
7.3. The sales prices include shipping fees to destination. In case of delivery outside the European Union, any local taxes that will be notified to the Buyer by the courier are charged to the Buyer.
7.3. The prices indicated for each item and service offered to the public are valid until the date mentioned in the catalogue and/or their sale on the www.liquidartsystem.com website.
Art. 8 – Products and services offered
8.1 The artworks purchased are shipped with a certificate of authenticity and origin pursuant to art.2 of Law no.1062 dated 20.11.1971 and subsequent amendments, containing the identification data of the item, the author and the characteristics of the work itself. The sale of art objects, marked with the word “editions”, are to be understood as numbered serial works; For this reason, the proposed photo is only explanatory of the subject and the numbering may not correspond to the one which will be sent in case of purchase.
8.2. The Seller ensures the processing and fulfilment of orders without delay and the continuous updating of the catalogue of goods and services available via the electronic system used.
8.3. Should an order exceed the quantity existing in the warehouse, the Seller will notify the Buyer by e-mail of any unavailability of the goods and will provide for an immediate refund if the Buyer has made the payment. The Parties shall be released from their mutual obligations, subject to the provisions of this Article.
8.4. The Seller’s electronic system confirms the registration of the order as soon as possible by sending the Buyer a confirmation by e-mail, as stated in 4.2 above.
Art. 9 – Limitations of Liability.
9.1. The Seller refuses any responsibility for disruptions due to force majeure if it fails to execute the order within the terms mentioned herein.
9.2. The Seller cannot be held liable to the Buyer, except in the case of wilful misconduct or gross negligence, for disruption or malfunctions related to the use of the Internet beyond its control.
9.3. The Seller will also not be liable for damages, losses and costs suffered by the Buyer as a result of failure to execute the contract for reasons not attributable to it, since the Buyer is only entitled to a full refund of the price and any additional charges paid.
9.4. The Seller will not be responsible for any fraudulent or illegal use by third parties of credit cards, checks and other payment methods used to pay for the items purchased, if it proves that all possible precautions were taken based on the best knowledge and experience currently available and on the basis of ordinary diligence.
9.5. Under no circumstances the Buyer will be held responsible for delays or glitches in payments if it proves that it has made the payment within the terms and methods indicated by the Seller.
Art. 10 – Obligations of the Buyer
10.1. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
10.2. In case of payment by bank transfer, the Buyer undertakes to pay the price of the purchased goods within, and no later than, 7 working days. In this circumstance, the terms for shipment will start from the date of actual availability of the sums on the Seller’s current account.
10.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, being this step mandatory before confirmation of purchase.
Art. 11 – Right of withdrawal
11.1. The Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days, starting from the day of receipt of the purchased goods.
11.2. Should the Buyer decide to exercise the right of withdrawal, it must notify the decision to the Seller by e-mail to the address firstname.lastname@example.org.
11.3. The return of the goods must take place at the expense of the Buyer with a traceable shipping system after receiving confirmation from the Seller of the acceptance of the withdrawal, no later than 14 days from the same, through the methods indicated in the e-mail received by the Buyer in this communication phase. In any case, to be entitled to the reimbursement of the price paid net of shipping costs incurred by the Seller, the goods must be returned undamaged and, in any case, in standard state of conservation.
11.4. The Buyer shall not be allowed to exercise this right of withdrawal for the services offered by the Seller, as well as for items specially made at the request of the Buyer and/or personalized.
11.5. The expenses incurred by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller and the expenses incurred by the Seller when sending the goods to the Buyer, as described in art. 11.3 above.
11.6. The Seller will refund the above within 14 days of receipt of the items, undamaged and in standard state of conservation, in its warehouse. The refund to the Buyer will take place through the same payment method chosen at the time of purchase or through one of the methods proposed by the Seller and agreed by the Buyer.
11.7. Upon receipt of the Buyer’s notification to exercise the right of withdrawal, the Parties to this contract are free from mutual obligations, except as provided for in the previous items of this article.
Art. 12 – Causes for termination
12.1. The obligations referred to in art. 10 of this contract, undertaken by the Buyer, as well as the guarantee of the successful payment made by the Buyer pursuant to art. 5.1 above, and the accurate fulfilment of the obligations undertaken by the Seller in art. 6, are paramount, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling.
Art. 13 – Protection of confidentiality and processing of the Buyer’s data
13.1. The Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 196/2003, art. 13 of EU regulation no. 2016/679 (so-called GDPR) and of Legislative Decree 101/2018.
13.4. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data may be presented only at the request of the judicial authority or other authorities authorized by law.
13.5. The Buyer enjoys the rights referred to in art. 7 of Legislative Decree no. 196/2003, namely the right to obtain the indication of:
- a) the origin of personal data; b) the purposes and methods of processing; c) the logic applied in case of processing by electronic devices; d) the identification details of the owner, managers and of the designated representative pursuant to art. 5, paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State, managers or agents.
The involved party has the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) the statement that the operations referred to in letters a) and b) above have been notified, also as regards their content, to those to whom the data have been communicated or disseminated, except in case this fulfilment proves impossible or involves a use of means manifestly disproportionate to the protected right.
The involved party has the right to object, in whole or in part: a) for legitimate reasons, to the processing of its personal data, even if pertinent to the purpose of the collection; b) to the processing of its personal data for the purpose of sending advertising material or direct selling or for carrying out market research or commercial communication.
13.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer’s request cannot be processed.
13.7. The Data Controller of the collection and processing of personal data is the Seller, to whom the Buyer may address any request, at the company headquarters.
Art. 14 – Method of contract filing
14.1. Pursuant to art. 12 of Legislative Decree 70/2003, paragraph 1, letter b), the Seller informs the Buyer that each order sent is stored in digital/paper form on the server/at the Seller’s headquarters according to criteria of confidentiality and security.
Art. 15 – Communications and complaints
15.1. Direct written communications to the Seller and any complaints will be deemed valid only if sent to the addresses indicated in art.1 above. The Buyer indicates, in the registration form, the residence or domicile, the telephone number or e-mail address, to which it requests the Seller’s communications to be sent.
Art. 16 – Applicable law and referral
16.1. This contract is governed by Italian law.
16.2. For anything not expressly provided herein, the rules of law applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of Law 18/12/1984 (so-called Rome Convention of 1980).
16.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to herein.
16.4. Each purchase transaction will be governed by the provisions of Legislative Decree 206/2005 and, in particular, those referred to in Section II, Part III relating to distance contracts.
Art. 17 – Settlement of disputes
17.1. All disputes arising from the execution and interpretation of this agreement will be the exclusive competence of the Court of Naples.
Art. 18 – Final clause
18.1. This contract repeals and replaces any contract, understanding, negotiation, written or oral, previously agreed by the Parties and concerning the subject matter of this contract.