general conditions of sale
3.1 To make and complete the artworks purchase through the Website the Buyer must comply with the electronic procedure therein provided. The Buyer must (i) access to the E-SHOP section of the Website and select the artwork of his/her interest; (ii) fill in the order form by entering personal data and all the necessary information for shipping; (iii) once viewed the order summary, having also the possibility of modify it, prior acceptance of these Conditions and selection of the desired payment method, arrange the payment and submit the order to the Seller.
3.2 The contract between the Seller and the Buyer is considered concluded after the approval of the purchase order by the Seller and the reception by the Buyer of the order confirmation to the e-mail address provided during the purchase procedure.
3.3 The order confirmation contains the summary of the data provided by the Buyer at the time of the submission of the order, the number of the order, the detail of the purchased artwork and its price, the amount of shipping costs, the delivery address and the link to these Conditions in order to allow to the Buyer to read and print them.
3.4 Without prejudice to the right of withdrawal referred to in the following article 8 whether applicable, the Buyer shall verify that the data reported in the order confirmation correspond to those supplied during the purchase procedure and communicate to the Seller any discrepancies within 24 hours from the reception of the order confirmation. In case of failure to comply with the aforementioned term, the Seller will proceed with the shipment according to the data reported in the order confirmation.
3.5 If the artwork selected by the Buyer is not available for sale anymore, the Seller shall inform the Buyer who will have the right to request the cancellation of the order and obtain the refund of the amount paid to the Seller. The refund timing may vary according to the payment method chosen by the Buyer during the purchase procedure. Alternatively to refund, the Buyer may replace the unavailable artwork with another one on stock obtaining by the Seller the compensation for any potential difference of price if due.
3.6 At the time of purchasing, the Buyer declares to be of age and guarantees the truthfulness of the data provided exempting the Seller from any liability arising from the impossibility of fulfilling the obligations arising from the contract of sale. Inaccuracy or incompleteness of the data provided by the Buyer will not entail the obligation for the Seller to execute the received purchase order until the rectification is made.
3.7 The Seller has the right to refuse or delete the orders submitted by Buyers with whom a legal dispute is pending and/or who had previously violated these Conditions and/or who are involved in various types of fraud (i.e. credit cards cloning).
5.1 The purchased artworks, accompanied by the documentation certifying their authenticity, will be delivered in Italy and abroad to the address indicated by the Buyer during the purchase procedure within 10 - 30 days from the date in which the Buyer received the order confirmation, without prejudice to any further agreement between the Seller and the Buyer or differently established by the order of an authority aimed to obtain the sale or the delivery of the goods and that requires a longer period of time or the case of force majeure referred to in article 10.
5.2 Shipping costs are additional to the price of the purchased artwork and are entirely on charge of the Buyer. Shipping costs are indicated at the time the submission of the order and also in the order confirmation.
5.3 At the time of shipment, the Buyer will receive an email containing the indication of the courier in charge of the delivery and of the tracking number that the Buyer can use to check the shipping status.
5.4 In the event of withdrawal or termination of the contract, the Buyer will be totally refunded of shipping costs as well as of the purchase price.
5.5 At the time of delivery, the Buyer or the person appointed by him/her is required to check if the delivered artwork is intact or damaged.
5.6 If pursuant to article 5.5 any damage is detected, the Buyer or the person appointed by him/her must provide to the Seller the photographic recognition of the conditions and state of conservation of the artwork and of its packaging. The photographic documentation giving evidence of damages must be sent by email to the Seller at the address eshop@galleriaforni.com within 24 hours from the delivery. Proof of the delivery date is given by the date indicated on the delivery note.
6.1 In compliance with the provisions of national and European legislation about consumers rights, the Seller guarantees that the artworks match with the descriptions available on the Website.
6.2 Based on the knowledge available at the time of order confirmation, the Seller guarantees the accuracy of what reported in the information sheet of each artwork available for sale on the Website in relation to the artwork paternity (indication of the name of the author), the date or time of realization, its origin, the techniques and materials used for its making.
6.3 According to article 129 of the Consumer Code, the Seller is liable for any lack of conformity of the artworks at the time of the delivery and/or which becomes manifest within 2 (two) years from delivery. The lack of conformity must be reported by the Buyer to the Seller, under penalty of forfeiture of the guarantee, within 2 (two) months from the date on which it was discovered.
6.4 The report to the Seller must be sent to the e-mail address eshop@galleriaforni.com
6.5 The Buyer can assert his/her rights in the field of legal guarantee contacting the Seller and following the procedure that will be indicated. The Buyer must provide evidence of the purchase date, of the artwork delivery, of the existence of the defect and the relative date of verification. To this aim, for the whole period of guarantee validity the Buyer must keep the order confirmation, the purchase receipt, the document proving the date of artwork delivery and, if required, must send to the Seller the photographic documentation proving the existence of the claimed defect.
6.6 A lack of conformity exists if the purchased artwork (i) is not suitable for the use for which goods of the same type are usually used and/or (ii) does not comply with the description on the Site, without prejudice to the provisions of article 2.2.
6.7 In the event of a lack of conformity duly reported in terms indicated above, the Buyer has the right:
The remedy requested by the Buyer shall be provided within 60 (sixty) days from the date of receipt of the complaint.
6.8 However, the remedy of contract termination does not apply if the lack of conformity is minor and it was not possible or, if possible, it was excessively onerous, to carry out the remedies referred to in this article 6.7 a).
6.9 The Seller, after checking the photographic documentation referred to in article 5.6, may request the restitution of the artwork in order to ascertain, at its own discretion, the existence of the claimed defect. In the event the defect is confirmed by the Seller, the Buyer consumer is entitled to the remedies provided by the previous article 6.7.
6.10 The Buyer who is not qualified as “consumer” is subject to the provisions concerning the warranty for defects, the warranty for lack of the promised and essential qualities and any other warranty provided by Italian Civil Code.
7.1 As far as possible, the Seller guarantees the availability of the artworks offered for sale on the Site. The Seller is not responsible for any inefficiencies and/or any breach of contract due to force majeure or unforeseeable circumstances referred to in article 10, also due to malfunctions and interruptions of the internet connection, in the event that it would not be possible to execute the purchase order within the time specified in these Conditions.
Persistence of force majeure beyond a period of 90 (ninety) days will allow the Buyer to withdraw from these Conditions and/or from any contracts for the sale of artworks in execution. In the case of withdrawal the Seller shall reimburse all payments received from the Buyer using the same means of payment as the Buyer used for the artwork purchase. Any compensation or further indemnity shall not be due by the Seller to the Buyer.
7.2 The Seller guarantees that the artworks, according to their type and characteristics, comply with the safety standards established by national and European legislation. The Seller shall be not considered liable for damages, even indirect, to people and/or things caused by the artworks and/or resulting from the use which is improper or different from their normal intended use.
7.3 Also the Seller is not liable for any damage to people and/or things caused by artworks delivery services.
8.1 Pursuant to article 52 of the Consumer Code, the Buyer qualified as “consumer” has the right to withdraw from the contract, without giving any reason and without incurring any costs, within 14 (fourteen) days from the date of delivery of the purchased artwork. Full proof of receipt is the date shown on the delivery note.
8.2 The Buyer may exercise the right of withdrawal informing the Seller of his/her decision to withdraw from the contract sending a written communication to the e-mail address eshop@galleriaforni.com within the withdrawal period indicated above.
8.3 In the event of withdrawal from the contract:
The refund will be made by the Seller using the same means of payment as the Buyer used for the artwork purchase, unless the Seller and the Buyer had expressly agreed otherwise.
8.4 If the Buyer exercises the right of withdrawal after the period of 14 (fourteen) days provided by law, the contract cannot be considered terminated and the Buyer will not have any right to obtain the refund of the sums paid to the Seller.
8.5 The exercise of the right of withdrawal in accordance to law provisions shall terminate the obligations of the Seller and the Buyer to perform the contract.
8.6 Pursuant to Article 59.c of the Consumer Code, the right of withdrawal is excluded for artworks that have been customized on the request of the Buyer.
According to art. 59 of Consumer Code, the right of withdrawal is excluded in case of provision of custom-made goods or clearly personalized, sealed goods which are not suitable for return for reasons of hygiene or health protection and have been opened after delivery, of goods which are liable to deteriorate or expire rapidly, or sealed audio or video recordings (for example a DVD or a music CD) or computer software which were unsealed after delivery. Audio or video recordings from which the SIAE stamp has been removed are considered unsealed.
Unless otherwise provided for by these Conditions, if the Seller is unable to perform any contractual obligation, including guarantee the Website functioning of and/or the purchase of artworks, due to fires, wars, strikes, embargoes, government regulations or other order of civil or military authorities, omissions and negligence of couriers or suppliers (including, but not limited to, third parties managing the Website), vandals or hackers, breakdowns or malfunctioning of third parties’ networks, of telecommunications equipment, websites, software and hardware or other Users’ technologies, epidemics, pandemics and any measures suspending commercial and transport activities, issued by competent authorities, and any other circumstance or event beyond the reasonable control of the Seller, the period for the performance of contracts governed by these Conditions will be extended for the correspondent period of delay or inability caused by Force Majeure.
11.1 These Conditions are governed by Italian law. Any reference to any different national or international legislation is excluded.
11.2 Any dispute arising in relation to these Conditions and/or to the sale and services contracts, including their performance, interpretation and/or termination for any reason, shall be exclusively referred to the Court of the Buyer’s residence or domicile.
11.3 Without prejudice to the provision of article 11.2, according to article 14 of the EU Regulation no 524/2013, and without any constraint, the Buyer can find all the information about the access to online dispute resolution methods (ODR) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
11.4 In the event of disputes in relation to these Conditions and/or the sales and services contracts, including their execution, interpretation and/or termination for any reason between the Seller and the Buyer who is not a “consumer”, the competent Court shall be determined according to the provisions of the Italian Civil Procedure Code.
12.1 For any information or assistance request, as well as for the submission of any complaint, the Buyer may send an email to the address eshop@galleriaforni.com or a paper communication by post to the address ------.
13.1 Personal data provided by the Buyer during the purchase procedure, including payment data, are processed for the purposes and in the manner indicated in the Seller’s Privacy Policy available for consultation in the relevant section of the Website.
14.1 At any time the Seller may modify these Conditions in accordance with relevant law and regulation. Any change and new conditions will be in force from the moment of their publication on the Website in the relevant section where the date of the last update is indicated in footnote.
14.2 In any case, the relationship between the Seller and the Buyer is governed by the conditions in force on the date of completion of the contract or rather by those indicated in the order confirmation sent by the Seller to the Buyer.
14.3 These Conditions are constituted by the totality of the clauses that compose them. If one or more provisions of these Conditions are considered invalid or declared as such pursuant to the law or following a decision by a court having jurisdiction, the other provisions will continue to have full force and efficacy.
14.4 Whatever is not expressly indicated in these Conditions, please refer to the Consumer Code and the Italian Civil Code.
Last update: February 24, 2021