terms and conditions

Sales conditions

The offer and the sale of products in our website www.artistocratic.com are regulated by the following general sales conditions, which will be effective until the supplier changes them. Any changes made to the sales conditions will be effective from the time in which they are published in the website and will refer to sales made thereafter.
To conclude the purchase contract of one or more products with Artistocratic srl, the electronic order form must be filled out and sent to the Seller telematically according to the relevant instructions. The contract agreed upon Artistocratic srl and the Customer must be understood as concluded when the order form is received, however the correctness of the information in the order form will be verified beforehand.
By sending the order form according to the relevant procedures, the customer declares to have examined all the information provided during the purchasing procedure and fully accepts the general sales conditions and payment methods of this contract; the customer undertakes to abide by such conditions and by the law regarding the treatment of personal data stated in the Privacy Policy link (Italian Legislative Decree n. 196 of June 30th 2003).
If the Customer is the Consumer, once the online purchasing procedure is finished, he/she must print out a copy of these general sales conditions and preserve them according to the provisions of article 53 of the Italian Legislative Decree 206/2005, regarding internet sales.
If an order is not accepted, even partially, the Customer’s compensation rights will be waived as well as any other contractual or non-contractual liability of the Seller for direct or consequential damages to persons and/or things.
The general sales conditions do not regulate the supply of services or sales of products of parties other than the Seller whose links, banners or other hypertextual links are present in the website www.artistocratic.com.
This contract is regulated by Italian Law and more specifically by the Italian Legislative Decree 206/2005, (the so-called Consumer Code) and by the Italian Legislative Decree 2003/70 in some aspects regarding e-commerce.

Sales prices and purchasing procedures

All sales prices of products in the website include VAT and any other taxes (unless specified otherwise). A special page in the website specifies the shipment costs; the customer shall examine this page before confirming the purchase; for international shipments, the consumer will be liable for any additional costs related to taxes or duties applied by the regulations in force in the country of destination.
The prices of the products may be subject to revision; therefore, Customers shall ascertain the final sales price before sending the respective order form.
The prices for purchasing products and shipment costs, as indicated in the order form, will be charged to the customer’s current account once the purchased products are shipped.
Once the order is received correctly, Artistocratic will send a purchase order confirmation to the email address communicated by the Customer, confirming the information already listed in the order form. The order confirmation will indicate the order placement date and an Order Code to use for any further communication with Artistocratic srl. Customer shall make sure that the information in the order confirmation corresponds with the information provided by the customer and shall report any corrections promptly, according to the procedures described in this document.
If the order is not accepted or if the products are no longer available or no longer for sale when the order is placed, Artistocratic srl shall give a notice within thirty (30) days, effective from the date in which the order was placed.
If the order form is forwarded along with the payment, the seller shall refund such payment.
The Customer can only purchase products listed in Artistocratic’s electronic catalogue when placing an order; the products can be viewed on the website www.artistocratic.com, as described in the respective data sheets. It is understood that the image accompanying the description sheet of a product may not be completely representative of its characteristics.

Methods of payment

The Customer can pay for the ordered goods using solely the methods of payment indicated online when making the purchase.
1.    Credit cards
If the goods are paid with a Credit Card, when the online transaction is concluded the reference banking institution will authorize the exact payment of the amount of the purchase. The amount for the goods dispatched, even partially, will be actually charged to the credit card only upon shipment of the purchased products.
If the Customer cancels the order, or if Artistocratic srl does not accept the order, the latter shall cancel the transaction and reverse the charges on the credit card. The time required to reverse the charges depends exclusively on the banking system and may take up to their natural expiration for some types of credit cards (24 days after the authorization).  Under no circumstance shall Artistocratic be held liable for any damages due to delays from banking systems in reversing such charges, whether direct or indirect.
Information related to credit card payments (i.e. credit/debit card number or the expiration date) will be forwarded using a cryptographed protocol and passed-on to PayPal or to other banks that provide internet electronic payment services, without allowing third parties to access such information. Furthermore, the Seller will only use such information for completing the purchase process or if necessary it will be used to report the Police Forces a fraud committed to the website www.artistocratic.com.
Therefore, Artistocratic srl will not be held liable in any way for any fraudulent or illicit use of credit cards by third parties when paying for purchased products in Artistocratic’s website.
2.    Cash on delivery
Cash on delivery payments shall be made exclusively with cash, bank drafts or by cheque made out to Artistocratic srl or to the courier who delivers the goods. The Customer will be informed about the courier in charged of the delivery according to the procedures provided in the website.  No additional charges will be debited to the customer other than the ones indicated when placing the order.
3.    Bank Transfer
This method of payment cannot be used for all the products in the catalogue. Any restrictions will be clearly indicated in the shopping basket. For Bank Transfer payments, the customer’s ordered products will be preserved until receiving the Operation Reference Code that proves the payment of the bank transfer, which must be sent to Artistocratic (by fax to the number 39 051 2960748 or by email to info@artistocratic.com) by no later than 3 working days after the order confirmation date.  The purchased products will be shipped only when the amount due is actually credited to Artistocratic srl’s bank current account, which shall take place within 7 working days after receiving the order confirmation. After this deadline, the order will be automatically cancelled. The description of the bank transfer shall include the following information:
a) the order reference number;
b) the order placement date;
c) name and surname of the person who placed the order.

Delivery terms and costs

In accordance with article 14 of the Italian Presidential Decree 445/2003, Artistocratic srl will issue an invoice related to the products shipped for every order placed through the website www.artistocratic.com; the invoice will be sent by email or by regular post to the person who placed the order.  Moreover, the invoice will be issued according to the information provided by the Customer when placing the order. The invoice cannot be modified once is issued.
Delivery costs are charged to the Customer as expressed clearly, when the order is being placed.
Artistocratic srl will not be liable for any delays in delivering the ordered products.
Unless specified by our Customer Service, the goods will be delivered at ground floor level by a forwarding agent chosen by the Seller. When the forwarding agent delivers the goods, the Customer must check the following information:
a) the number of items being delivered shall correspond with the transportation document sent by email beforehand;
b) the package shall be intact, undamaged and no parts shall be wet or altered, including sealing materials (adhesive tape or metal bands).
Any damages to the packaging and or products or if the number of items or indications do not correspond as explained above, the customer must report immediately and write “conditional acceptance” on the forwarding agent’s delivery note. Once the forwarding agent’s note is signed, the Customer cannot make any claims regarding the external condition of the goods.
If the goods are not collected within 5 working days after being held in the forwarding agent’s warehouse due to repeated delivery attempts to the address indicated by the Customer in the order, the order will be automatically cancelled.

Liability

Artistocratic srl will not be liable in any way for poor service due to force majeure events such as: accidents, explosions, fires, strikes and/or lockouts, theft, earthquakes, flood or any similar events that prevent the execution of the contract within the terms indicated therein, either entirely or partially. Moreover, Artistocratic srl will not be liable for any damages, losses or suffered costs caused by non-execution of contract because of the above-mentioned causes; the Consumer will only be entitled to a refund of the price paid.

Obligations of the buyer

It is strictly prohibited for the Customer to provide information that is false, fictitious and/or imaginary, during the registration process required to set up the procedures and required for the execution of this contract and for relevant further notifications; personal data and email address must be real data and not imaginary information or data that belongs to third parties.

Right of Withdrawal

In accordance with article 64 of the Italian Legislative Decree 206/2005, if the Customer is a Consumer, he/she is entitled to withdraw from the purchase contract for any reason, without the need to provide any explanations and without the application of any penalty fees. In order to exercise such right, the customer must send a notification regarding such matter to Artistocratic srl within 10 working days after receiving the goods. Such notification must be sent with a recorded delivery letter with return receipt, addressed to:
Artistocratic S.r.l.
Via San Vitale, 27
40125 Bologna (Bo) - Italy
or it could also be sent by telegram or email within the same period of 10 days and must be followed with a recorded delivery letter with return receipt, which must be sent STRICTLY within 48 hours thereafter.
If the Customer withdraws from the contract, the products must be returned to Artistocratic srl’s head offices stated above using a forwarding agent chosen by the Buyer at its own expense; the products shall be returned within thirty (30) working days after they are received.  
The right of withdrawal is however subject to the following conditions:
a) The right shall apply to the whole product purchased;
b) the right of withdrawal may not be exercised only to part of the purchased product (i.e. accessories, part of artwork, frames, etc…);
c) the purchased product shall be returned intact and in its original packaging (including all its parts);
d) under any circumstance, no labels or adhesive tape shall be applied directly to the artwork;
e) in accordance with Italian law, the customer bears shipping costs of returned products;
f) delivery costs and other additional expenses incurred when placing the order will not be refunded to the customer;
g) the Customer is completely liable for the shipment until the delivery of the goods are confirmed in the warehouse;
if the goods are damaged during transportation, Artistocratic srl shall notify the Customer (within 5 working days after receipt of goods in the warehouse) to allow him/her to timely report the accident against the courier that was chosen by him/her and to obtain reimbursement for the value of the product (if insured);
in this case, the product will be made available to the Customer so that it can be returned and the request of withdrawal will be cancelled.
Artistocratic srl will not be held liable in any way for damages or theft/loss of goods that are returned with uninsured shipments; upon arrival to the warehouse, the product will be inspected to determine if there are damages or tampering not caused by transportation.
If the packaging and/or original packaging are damaged, Artistocratic srl will keep a percentage of the owed refund for repair expenses, however they will not exceed 10% of the refund value.
Once the above-stated terms and conditions are followed, Artistocratic srl shall refund the amount paid by the Customer for the purchased products, expect for any repair expenses for ascertained damages caused to the original packaging; Artistocratic shall reverse the charges on the Credit Card or refund the amount through a Bank Transfer, within thirty (30) days after finding out that the customer exercised its right of withdrawal. In the latter case, in order to proceed with the refund, the Customer shall provide the necessary bank details (ABI code, CAB, Current Account number and IBAN code of the person to whom the invoice is addressed).
In case of contract withdrawal, if the name on the delivery address indicated in the order form differs from the name of the person who paid for the purchase, the Seller will refund the amount to the person who made the payment.
In addition to refunding the sums paid for the products, Artistocratic srl shall also refund delivery expenses, however only if the products are returned for causes that are attributed to the Seller, as for instance, manufacturing defects, errors in delivery or if the products do not comply with the characteristics and requirements mentioned.
The value date of the new credit is equal to the debit date; therefore, the Customer will not suffer any losses in terms of bank interests.
Failure to comply with the essential conditions for preserving the goods integrity (packaging and/or its content), will result in complete invalidity of the right of withdrawal, if Artistocratic can ascertain the following:
a) if the external packaging and/or the internal original packaging is missing;
b) if the integral elements of the products are missing (parts, frame, etc.);
c) if the product is damaged due to reasons other than transportation.
If the right of withdrawal is invalidated, Artistocratic srl shall return the purchased products to sender and charge the sender for shipment costs.

Complaints

Any complaints shall be reported to the following business office:
Artistocratic S.r.l.
Via S. Vitale, 27
40125 Bologna (Bo) – Italy
e-mail: info@artistocratic.com

Jurisdiction and competent court

For any disputes that may arise between the Seller and the Customer with regard to the General Sales Conditions, the Seller gives its full acceptance to use the settlement service provider RisolviOnline. RisolviOnline is an independent institutional service, provided by the Arbitration Board of the Chamber of Commerce of Milan and allows the parties to reach a satisfactory agreement in an amicable safe manner over the internet and with the help of an impartial competent peacemaker. For more information on regulations related to RisolviOnline or to send a settlement request, visit the website www.risolvionline.com.

In accordance with article 63 of Legislative Decree 206/2005, to settle disputes arising from conclusion of this internet sales contract, if the Customer is the Consumer, the territorial jurisdiction is the reference court of his/her Town of residence.
In all other cases, the territorial jurisdiction falls exclusively under the court of Bologna.