The general conditions hereafter have the purpose to enable the purchase of goods by way of the Internet through the site www.cellarcontemporary.com owned by:
CELLAR CONTEMPORARY with registered office in Via San Martino, 52 - 38122 Trento (TN), registered with the Commercial Register of Trento (n. 56972 del 16/12/2016), VAT No. 02438320224.
The procedures of the purchase shall be regulated according to the law as in the Legislative Decree 206/05, while the privacy protection shall follow the Legislative Decree 196/03.
These general conditions have validity as from 01/01/2017. They can be updated or even modified by Cellar Contemporary at any time, without early notice, and shall be valid as from their publication on the Internet site www.cellarcontemporary.com.
The purchaser quite agrees and obliges himself to take view of the modified general conditions, when they occur and possibly to print them and keep them safe.
“A contract of sale online” means to enter into a contract at a distance between the supplier www.cellarcontemporary.com, owned by CELLAR CONTEMPORARY with registered office in Via San Martino, 52 - 38122 Trento (TN), Italy and a purchaser, within the frame of sale of goods organized by the supplier. In other words, an online sale contract is the legal transaction whose objects are mobile goods and/or services. For these transactions, the Internet technology is exclusively used.
For purchaser is intended the physical person that acquires both goods and services for aims not directly related to their professional activities.
Art. 1: ACCEPTING THE SALE CONDITIONS
1.1 The conditions set out in the Forward are an integral and essential part of this contract.
1.2 All the contracts of the customers (both activities and private persons) shall be concluded directly by way of the Internet at www.cellarcontemporary.com. Thus, the buyer can conclude the purchase by directly following the Internet directions.
1.3 These general sale conditions must be examined by the purchaser online before fulfilling the purchasing procedures. Therefore the sending of the order confirmation implies the complete knowledge and the total acceptance of the general conditions.
1.4 With the Web confirmation of his order, the customer unconditionally accepts the general conditions and the payment of goods as illustrated hereafter.
Art. 2: SALES PRICES AND PURCHASING PROCEDURS
2.1 All the sale prices of the goods exhibited and indicated in the Internet site www.cellarcontemporary.com, where they mean a public offer pursuant to the Art. 1336 of the Civil Code, already include both the VAT and any other tax, except for other taxes due to the export out of Italy of works of art and/or other items and except for taxes applied in countries other than Italy.
2.2 The delivery cost up to the customer’s home is to be borne by the same customer, except for when differently agreed upon by the parties. In any case, this cost shall be communicated to the customer before the purchasing confirmation.
2.3 The purchasing contract is perfected by means of exactly filling in the registration form and its successive purchase agreement as expressed in the acceptance online.
2.5 The prices of the different delivery methods are to be referred to the weight, the encumbrance, dimensions and the destination. The insurance of goods shall be borne by the customer.
2.6 Some works are burdened with the ‘Resale Right’ pursuant to the Legislative Decree No. 118 of 13/2/2006 “Implementation of the Directive 2001/84/CE, related to the right of the author of a work of art on the successive sales of the original” published on the Official Gazette of Italy, general series, No. 71 of 25/3/2006 and valid as from 9/4/2006. Therefore the purchaser of such works shall give Cellar Contemporary the Resale Right price. The amount to be paid shall be indicated and surrendered at the purchasing time.
Art. 3: DELIVERY PROCEDURES
3.1 The customer can choose the procedures that best suit him in order to come into the possession of the goods; he can either collect the goods by himself or choose the procedure of delivery. In the latter case, (the delivery through transport), www.cellarcontemporary.com, that does not deal with the carriage itself, but only either offers an estimate of the delivery through very good experienced firms or carries out the packaging of the work of art and then delivers it to specialized firms, which shall in their turn deliver the goods to the address indicated by the customer that bears the delivery cost and the related necessary insurance policy, and also the risk policy, according to what is indicated in the preceding article..
3.2 The purchased goods shall be delivered within the time allowed by the Art. 6 of the Legislative Decree 206/05. No responsibility shall be assigned to the selling firm for late or non-delivery caused by force majeure, or by fortuitous events. The normal delivery time in Italy, when the delivery is carried out, is the shipment of the goods within three days of the order (excluded weekends and festive days). In special cases, and for the delivery to the islands and peripheral areas, the delivery could take longer time.
The customer shall receive an email at the time of shipment. From then on, the customer is kindly invited to be reachable at the delivery address in the following 24/48 hours.
For abroad, the delivery times will vary according to the destination place and are in general longer.
3.3 On receiving the goods, the customer is bound to check the conformity of the goods delivered to him; only after such checking, and except for the withdrawal right as specified in the specific section, the customer shall sign the delivery documents.
3.4 At the delivery time, the customer shall check the integrity of the packages and the quantity and the quality of the goods as indicated on the document accompanying the goods. in case of difference, such difference shall be reported on the accompanying document and confirmed to Cellar Contemporary within seven days via the Internet or by return registered mail. Even with a packaging intact, goods shall be checked within seven days of receipt. Possible hidden anomalies shall be reported via the Internet or by return registered mail. Any report after the established time shall not be taken into consideration. For each declaration the customer shall bear full responsibility.
3.5 The home delivery, except for a different written agreement of the parties, shall take place at the ground floor in office hours, from 8.00 to 13.00 hours and from 14.00 to 18.00 hours, from Monday to Friday included, not in festive days. If necessary, the customer shall be so kind as to indicate a person of his choice authorized to receive the goods.
3.6 The customer shall be reachable during the hours, as shown in 3.4, in order to avoid any charges due to the non-delivery.
3.7 Cellar Contemporary bears no responsibility for damages caused by the courier of the purchased goods.
3.8 In purchasing paintings, depending on the shipment and delivery methods chosen by the buyer, Cellar Contemporary shall decide to its discretion, if to ship the goods with frames and covering glasses or not. In fact, those items do not belong to the works of art and are not subject to purchasing.
Art. 4: AVAILABILITY OF THE PRODUCTS
4.1 The customer can purchase only the works actually and currently present on the Electronic Catalogue of Cellar Contemporary visible online at the URL address www.cellarcontemporary.com. Cellar Contemporary will accept the purchase, limited to what it has actually available in its virtual store.
Art. 5: RESPONSIBILITY
5.1 Cellar Contemporary takes no responsibility for disruptions and delays due to force majeure such as accidents, explosions, fires, strike and/or lockouts, earthquakes, floods and other events like these that could prevent the firm, totally or partially, from performing the contract on time.
5.2 Cellar Contemporary shall not carry responsibility towards any or third party as regards damages, losses and costs because of the failed performance of the contract following the above causes. The purchaser has only the right to receive back the amount of money paid.
5.3 Cellar Contemporary does not take any responsibility for any fact referred to the transport, for which the purchaser shall directly address the courier.
5.4 Cellar Contemporary is not responsible for the possible fraudulent or illicit use by third parties of credit cards, cheques and other means of payment, upon payment for purchased goods.
In no phase of the purchasing procedures by pay-pal or credit card, Cellar Contemporary is able to get to know the number of the purchaser’s credit card. Such number is directly transmitted through a protected connection to the manager of the bank service
Art. 6: GUARANTEES AND ASSISTANCE PROCEDURES
6.1 Cellar Contemporary acts as mandatory agent of the sellers and disclaims responsibility as regards the descriptions of the works that appear in the catalogues, in the site or even in any other illustrative material; such descriptions as well as any other descriptions or illustrations,are given for information only and cannot generate any kind of credit in either the purchasers or highest bidders.
6.2 Cellar Contemporary is not responsible for the authenticity of the works put for sale. Therefore they will not give the purchaser, as regards the above-mentioned faults, any implicit or explicit guarantee as regards the purchased works. The works are sold with the authentications of the persons accredited at the time of sale. Therefore, Cellar Contemporary shall not carry any responsibility in case the accredited persons, who are in charge of releasing the authentications related to the works of art, are changed. After the sale, Cellar Contemporary shall not be held responsible for the faults related to the state of conservation, for the misattribution, the authenticity and the provenance of the works and/or items sold.
6.3 In case of a complaint founded and even accepted by Cellar Contemporary for items falsified artfully, provided the written communication reaches Cellar Contemporary within a year’s time from the purchase, Cellar Contemporary could cancel, at its complete discretion, the sale.
6.4, In the case that Cellar Contemporary becomes aware of a possible claim or right of a third party as regards the property, possession or detention of the work, they can at their complete discretion, keep the work until the controversy is composed.
6.5 The buyers are obliged to obey all the current rules and regulations related to the batches declared of particularly important interest and for which the procedures of declaration has been initiated pursuant the Art. 6 es. Of the Legislative Decree 29 October 1999, n. 490, with particular regard to the Art. 54 e ss. of the same Decree. The export of works of art by the purchasers both resident and non-resident in Italy is ruled by the above-mentioned regulations as well as by the current customs, currency and tax laws. Cellar Contemporary takes no responsibility for the purchasers in case of export restrictions of the sold works and/or items, and not even as regards possible licences or certificates that the buyer of the work should obtain following the Italian legislation. The delay or the non-release of any licence or authorization does not constitute a resolution cause or sale cancellation, and it does not justify any delay in payment of what is due.
6.6 When the works for sale are subject to the declaration of cultural interest pursuant to the Legislative Decree No. 42 of 22 January 2004 and therefore they are subject to the right of first refusal by the State, Cellar Contemporary shall communicate it to the buyer. The principal shall communicate the sale to the Ministry responsible pursuant to the Art. 59 of the Legislative Decree 42/2004. In the event of failure to exercise the right of first refusal by the above mentioned Ministry, within 60 (sixty) days form the receipt of the complaint, the sale shall be legitimated. During these sixty days the batches cannot be delivered to the purchaser pursuant to the Art. 61 of the same Legislative Decree 42/2004. In case of operation of that refusal, Cellar, Contemporary shall return the amount paid to the buyer.
Art. 7: OBLIGATIONS OF THE BUYER
7.1, Once concluded the online purchasing procedures, the buyer agrees to print and keep these general conditions which he surely has already examined and accepted in that it is a compulsory step to the purchasing. He surely has already examined also the characteristics of the bought item, in view of fully satisfying the conditions stated in Articles 3 and 4 of the Legislative Decree 206/05.
7.2 These general conditions can be updated, or modified at any time by Cellar Contemporary that will inform the customers through its Web site. When the general conditions undergo a change, the purchaser agrees to print and keep them safe.
7.3 The buyer is strictly prohibited to: i) enter either fake and/or invented and/or fantasy data; ii) provide either false documents or of persons other that those that carry out the purchase in the registration procedure necessary to enable the execution of the contract and the related further communications. Personal data and the email address must exclusively be one’s own personal data and email address, and they must not belong to third or fantasy persons.
7.4 It is expressly prohibited to make double registrations belonging to one same person or enter data of third persons. Cellar Contemporary reserves the right to legally persecute each violation and abuse in the interest of all the consumers and for their protection.
7.5 The customer relieves Cellar Contemporary of all responsibility that may derive from issuing incorrect tax document as a consequence of mistakes related to data provided by the very customer, because the customer is the person solely responsible for the correct data entry.
Art. 8: AUTHORIZATIONS
8.1 By filling in the appropriate space on the Web site, the customer authorizes the bank for his credit card, or another card issued as a substitute of the same, or Pay-Pal, to debit his current account in favour of Cellar Contemporary with the total amount of money owed for the purchase online. All the procedure is made through a protected connection directly linked to the bank providing the payment service, which connection Cellar Contemporary is unable to access.
8.2 If the consumer makes use of the right of withdrawal in the ways written in the specific section, the amount to be reimbursed shall be credited to the same credit card.
Art. 9: CANCELLATION OF THE CONTRACT AND TERMINATION CLAUSE.
9.1 Cellar Contemporary is entitled to terminate the contract by simply informing the customer and supplying the motivation, in which case the customer has only the right to receive back the amount possibly paid.
9.2 The obligations taken on by the customer pursuant to the Art. 7 (Obligations of the Purchaser,and also the guarantee for security of completion of payment (a payment that the customer makes through the means specified at the Art. 2) have essential character, so that for expressed agreement, the customer’s noncompliance of only one of those obligations shall cause, at the incontestable discretion of Cellar Contemporary, the legal termination of the contract as in former Art. 1456 Civil Code, without Court ruling, except for the right of Cellar Contemporary to take legal proceedings for compensation for further damages.
by Davide Raffaelli