GENERAL SALES CONDITIONS
1.1 The present general online sales conditions (here below “GSC”) regulate the contract (here below the “CONTRACT”) of the sales of products (here below “PRODUCT” or “PRODUCTS”) provided by ARTKNIT STUDIOS – having its registered office in 12, Via Caradosso, 20123, Milan (MI). VAT registration number 10486230963 (here below “Artknit Studios”) – on its webpage www.artknit-studios.com (here below the “WEBPAGE”) to the users of the WEBPAGE (here below the “CUSTOMERS” or “CUSTOMER”).
2. EFFICIENCY AND MODIFICATION OF GSC
2.1 The GSC applying to the sales of PRODUCTS are those that have been published on the WEBPAGE on the date of the order of the PRODUCTS. Consequently, the CUSTOMER should verify the applying GSC at the time of the purchase.
2.2 Some sales campaigns could be subjected to particular sales conditions, depending on the specificity of the products; these particular conditions should be added to the present GSC. Moreover, they will be always included and available for every product in the specific area called “description” through specific link. The client should necessary accept these special conditions at the time of the product purchase of these specific sales campaigns, to be added to the GSC.
2.3 Mere tolerance or lack of challenge by Artknit Studios of possible non-compliance by the CUSTOMER side in respect with the content of the GSC, neither should it be interpreted as tacit acceptance of such non-compliance, nor as intention of derogate as agreed by both parties.
2.4 The CONTRACT is regulated in all and every one of its aspect by the GSC to be applied from time to time.
3. SALE PROCEDURE
3.1 The offer of the PRODUCTS shown on the WEB PAGE is subordinated to their effective availability.
3.2 All CUSTOMERS interested in proceeding with the purchase of the PRODUCTS should express such will through a specific request realized directly on the WEBPAGE, in the appropriate area; here, by following the procedures described, the CUSTOMER should send the purchase order and make the final payment. All data communicated for the purpose of the payment will be communicated to (and treated by) Artknit Studios. Following are the technical steps to be followed in order to conclude the Contract: – CUSTOMERS need to register on the WEBPAGE, by communicating their email address and password, that will become their credentials to log into the WEBPAGE. The registration is allowed only to adults (more than 18 years old) and, in any case, capable of action. – All registered CUSTOMERS may have access to every page of the online products, where they could see and know all PRODUCTS offers, their duration, peculiar features of the PRODUCT and its price; moreover, they may see the photographs of the PRODUCT, that have been published with the sole aim of the illustrated the PRODUCT. – On every page the CUSTOMER may choose the PRODUCT to be purchased that will directly enter the section called “cart”, where the delivery charges and the time of estimated delivery will be available – before than the purchase and payment. – In order to confirm the order, the CUSTOMER should insert the delivery address and every other detail useful to the payment, in the “cart” section. The present data may be editable till the final forward of the order, that can be made by clicking on the specific button, “buy”. – The orders that the CUSTOMER send to Artknit Studios should be considered confirmed only after the CUSTOMER receives a confirmation email by Artknit Studios, where it is specified that the order has been regularly completed, the payment has been authorized, and the products are available. If this does not happen, the CUSTOMER may contact Artknit Studios through the following email address: firstname.lastname@example.org
3.3 The CONTRACT should be completed only after Artknit Studios receives the payment compensation. Once Artknit Studios receives the compensation, Artknit Studios will send to the CUSTOMER the order confirmation by email. However, once the PRODUCT is not available, the CONTRACT should be considered solved, following what has been said in the art. 4.3.
3.4 In case of multiple orders, as many contracts as the ordered PRODUCTS should be considered concluded. The efficiency of every single contract is subjected to the availability of the PRODUCT, following what has been said in the art. 3.3. and 4.3.
3.5 The essential features of the PRODUCTS, including the duration of the offer, the VAT price and the delivery charges, are all clearly shown to the CUSTOMER at the time preceding the conclusion of the CONTRACT and the final payment. Precisely, all the essential features of the PRODUCT are available by logging into the precise section of the WEBPAGE where Artknit Studios should publish, if possible, together with the description and features of the PRODUCT also a number of photographs of the PRODUCT, to the one and only aim of representing the PRODUCT.
3.6 No fee is applied by Artknit Studios, nor costs, to log into the WEBPAGE. Costs to be supported are just those related to the Internet browsing, as previously agreed between CUSTOMERS and their own Internet Providers, excluding Artknit Studios to such relationship.3.7 Once Artknit Studios receives the purchase order, Artknit Studios should transmit the order receipt to the CUSTOMER; here, all information referring to the sales are summed up; then, Artknit Studios should proceed with the order fulfillment, unless as expected in art. 4.2.
4. ARTKNIT STUDIOS LAB RIGHTS AND OBLIGATIONS
4.1 PRODUCTS DELIVERY: Unless as expected in art. 4.3, Artknit Studios undertakes to deliver all PRODUCTS to the address given by the CUSTOMER while purchasing the order within 10 (ten) days after receiving the order by the CUSTOMER, through express courier, with possibility for the CUSTOMER to track the parcel on the courier webpage. Artknit Studios will not be responsible of any error in the delivery, derived from the inaccuracy or incompleteness by the CUSTOMER in filling up the purchase order. In any event, Artknit Studios does not make deliveries to minors without a parent or tutor’s written authorization and persons under tutorship without tutor’s written authorization.
4.2 DELIVERY VENUE: Temporarily, Artknit Studios delivers in Europe. The delivery takes place at the address given by the CUSTOMER while purchasing the order. If, at the delivery time, the courier is unable to find anybody at the given address, the parcel will be left by the courier to the Dispatch Centre. The CUSTOMER may collect his/her own parcel during the opening hours of the Centre, after exhibiting his/her own Identity Card. In any case, the courier should notify to the final recipient the failed delivery attempt, specifying the methods of withdrawal at the Dispatch Centre. In order to make the delivery, Artknit Studios recommends to its CUSTOMERS to provide their addresses as much detailed and correct as possible, to verify that all information are correct and to provide a telephone number to which the CUSTOMER may be easily found. As far as international deliveries are concerned: delivery should take place to the address given by the CUSTOMERS while purchasing the order. If the first delivery attempt fails, in most of the cases (depending on each case) the courier should leave the parcel in a Dispatch Centre, keeping the recipient informed.
4.3 The PRODUCTS delivery happens as explained in the order confirmation, and within 30 (thirty) days after the contract is concluded. Shipping costs will have to be borne by the CUSTOMERS, and they are explained to the CUSTOMER before the CUSTOMER decides to proceed with the purchase or not.
4.4 PRODUCTS unavailability: if one or more of the purchased PRODUCTS are not available, Artknit Studios keeps the right to communicate to the CUSTOMER within 20 (twenty) days after the purchase, to the email address linked to the CUSTOMER’s profile. If so, the CONTRACT should be considered concluded and Artknit Studios should take care of refunding (on the credit card with the Stripe payment gateway, or PayPal account, as communicated by the CUSTOMER during the purchase) the price and shipping costs (where the purchase refers to the unavailable PRODUCT, or in case of multiple orders, to the shipping costs referring to the unavailable PRODUCT or PRODUCTS only). In the case of multiple orders, the unavailability of one or more of the ordered PRODUCTS will not give to the CUSTOMER the right to the cancellation of the full order.
5. CUSTOMERS RIGHTS AND OBLIGATIONS
5.1 CUSTOMERS are the only responsible concerning the accuracy of information and personal details given to Artknit Studios and asked by Artknit Studios on its WEBPAGE; CUSTOMERS are committed to communicating promptly and in the most appropriate manner all modifications or changes in data provided.
5.2 The CUSTOMER, while confirming the purchase order declares that: a) he/she has read, understood and accepted the GSC; b) he/she authorizes Artknit Studios to the treatment of all personal data communicated during the purchase, and to the communication to Artknit Studios (following the procedure provided by art. 3) of all personal data required in order to elaborate the payment, as provided by the described methods.
5.3 Payments: is CUSTOMER’s duty to select the payment method among all options offered by Artknit Studios on its WEBPAGE; Artknit Studios will offer as many payment options as possible, but no other payment nor shipping method will be accepted, different than those provided on the WEBSITE.
5.4 PRODUCTS Delivery: During the delivery of the PRODUCTS to the CUSTOMER by the courier in charge of the delivery, the CUSTOMER should check, in front of the delivery driver: a) that the quantity and typology of the ordered PRODUCTS corresponds to what said into the Transport Document; b) that the packaging used for the shipping is in good conditions, not damaged or altered, even as far as sealing materials are concerned; c) that the quantity and typology of the delivered PRODUCTS correspond to what ordered. Any defects should be complained immediately to the delivery driver at the time of the delivery of the PRODUCTS, by means of indicating that into their delivery note.
6.1 Warranty: Artknit Studios should provide for its PRODUCTS a legal warranty in conformity to the conditions and terms explained in art. 128 and following ones, Legislative Decree NO. 206/2005 (Consumer Code). Precisely, in case of defect of conformity, price and shipping costs should be refunded to the CONSUMER.
6.2 All rights arising from legal warranty may be exercised provided that PRODUCTS have been used properly, observing the right care, respecting their intended use and of what provided in the attached directions; also, they may be exercised only after CUSTOMERS show the delivery note and order number. Costs derived from returning the PRODUCTS, in the exercise of the warranty rights should be borne by Artknit Studios.
6.3 Legal warranty of conformity is applied only to faults that do not come from a normal usage of the PRODUCT.
7. RIGHT OF WITHDRAWAL
7.1 The CUSTOMER has the right to terminate the CONTRACT, with no penalty and without providing the reason, after receiving the order confirmation by Artknit Studios, and within and not after 14 (fourteen) days from receiving the PRODUCT at the given delivery address. In case of orders including more than one PRODUCT, or PRODUCTS, made of allotments or multiple items, the above mentioned terms may be exercised from the receiving of the last PRODUCT or allotments. The date on the delivery note provides full evidence of the receiving of the parcel.
7.2 The CUSTOMER may exercise the right of withdrawal by sending an email to the following email address: email@example.com, explaining his/her own intention of returning the received goods.
7.3 If the PRODUCT has already been delivered, the Customer has to return it to Artknit Studios to the following address: ARTKNIT STUDIOS Via Ferruccio Nazionale 17/G, 13900 Biella (BI) Italy On this purpose: – in order to exercise the right of withdrawal the returned PRODUCT has to be fully intact and not damaged: Artknit Studios will not accept returned items if damaged; they will be accepted only if in excellent conditions. – shipping costs for the returned item to Artknit Studios will be borne by the CUSTOMER, that should send the PRODUCT in an adequate packing; the CUSTOMER should provide the parcel with a copy of delivery note.
7.5 If a CUSTOMER exercises the right of withdrawal in accordance with the present GSC, Artknit Studios should refund the amount borne by the CUSTOMER on the credit card with the Stripe payment gateway or PayPal account provided by the CUSTOMER at the time of the purchase. The refund should be free of charge and it should be concluded within 14 (fourteen) days after Artknit Studios discovers the exercise of such right by the CUSTOMER.
8. WEBPAGE UTILIZATION
8.1 PRODUCTS description and visualization:
All images and videos showing the PRODUCTS and provided together with the PRODUCT descriptions are published on the WEBPAGE only for a descriptive aim, being understood that the quality of the images (i.e. the exact visualization of colours) may vary by the software and IT devices used by the CUSTOMER at the time of the connection to the WEBPAGE. Precisely, the exact colour of the yarn balls may differ from the colour seen into the image on the WEBPAGE.
8.2 Malfunctions: Artknit Studios does not take any responsibility with regard to issues affecting the CUSTOMER depending on the usage of the WEBPAGE and IT technologies, as they do not depend on Artknit Studios’ willingness, such as: a) errors, delays or impossibility for the CUSTOMER to have access to the WEBPAGE during the sales procedure; b) errors, delays or impossibility for the CUSTOMER to receive communications made by Artknit Studios and related to the PRODUCT sales.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
9.1 Artknit Studios informs that its WEBPAGE, its presentation, as well as any other brand and distinctive sign used by Artknit Studios in relation with the sale of its PRODUCTS are protected by the intellectual and industrial property rights held by the respective owners; the CUSTOMER does not acquire any right after the conclusion of the CONTRACT on this purpose. For this reason, it is forbidden every form of reproduction, communication, distribution, alteration or transformation, in any way and for any aim they happen of the WEBPAGE contents, brands and distinctive signs that has been used by Artknit Studios (such as, artworks, images, pictures, drawings, dialogues, presentations, musics, sounds, videos, graphic, colours, functionalities and design of the WEBPAGE).
10. PERSONAL DATA PROTECTION
10.1 Artknit Studios is the holder of the personal data collected at the time of the registration to the WEBPAGE, as well as of those communicated after the purchase by the CUSTOMER.
10.2 Concerning details and information referring to the personal data treatment, including all rights expressed at art. 7 Decree Law NO 196/03, please see information provided while registering at the WEBPAGE and always available on it.
11.1 For any communication it is possible to contact Artknit Studios at the following addresses: ARTKNIT STUDIOS Via Caradosso 12 20123 Milan (MI) Italy Phone Numbers: +39 3914823659 E-mail: firstname.lastname@example.org
11.2 Note that, in any case, all communications send by the Customer should never integrate the CONTRACT, that will always be directed by the present GSC and, when available, by special Conditions to be applicable to specific sale campaigns.
12. APPLICABLE LAW
12.1 The applicable law to the PRODUCTS sales is the Italian law. To be more precise, Artknit Studios applies described at Section I, Heading III, Part III of Consumer Code (Legislative Decree NO 206/2005).
12.2 The possible invalidation of individual term of the CONTRACTS or of the GSC should not invalidate the whole CONTRACT or the GSC.