GENERAL CONDITIONS OF SALE

These General Conditions of Sale are drawn up in Italian and govern the offer and sale of products and / or services on the website www.caiafaarte.com (“Site”) as well as, for what is not provided herein, the provisions of the Consumption and of Legislative Decree no. 70/2003 and of the civil code.

The products purchased on the Site (“Products”) are sold directly by Caiafa Arte di Massimo Caiafa registered office in Italy, Via Chiatamone 6g – 80121 Naples, P.I. 07808791219 and C.F. CFAMSM65E23F839P; R.E.A. Naples n. 916129.

The detailed information about the details that allow you to contact the Caiafa Arte di Massimo Caiafa quickly and to communicate directly and effectively with it, also in order to request information, send communications, ask for assistance or submit complaints are indicated in the section of the Site: Contacts us on the website www.caiafaarte.com.

 

SCOPE OF APPLICATION AND NAVIGATION ON THE SITE

The offer and sale of the Products on the Site constitute a distance contract governed by Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (e-commerce) and articles 45 and ss. of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and following amendments.

The customer is required to carefully read these General Conditions of Sale, as well as all other information that Caiafa Arte di8 Massimo Caiafa provides on the Site, both before and during the purchase procedure.

The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They can be changed at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and / or updates to the General Conditions of Sale.

These General Conditions of Sale are applicable in all States. For Italy, a specific section of the site is associated, the section in English for all other countries.

The Site allows each customer to browse and, with registration, to make purchases in any Country (if any), regardless of the State in which he is physically located at the time he accesses the Site.

 

PURCHASES ON THE SITE

The purchase of the Products on the Site is only allowed to those who have reached the age of 18.

The purchase of Products on the Site is allowed both to customers who have the quality of consumers and to customers who do not have this quality. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, the consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. The inclusion of the VAT number during the purchase procedure is considered an indication of the purchase for purposes related to the entrepreneurial, commercial, craft or professional activity carried out.

The purchase of Products on the Site can also take place after registering on the Site.

Registration on the Site is free.

Registering on the Site allows customers to carry out the following activities:

Consult the status of your order online and check the “history” of the orders placed (in particular by clicking on the number of each order placed, you can check the complete details of the order, including the product details, the shipping address and the billing address;

Manage your delivery addresses by speeding up the insertion of new orders;

Furthermore, by accessing your personal area (“Account”), it is always possible:

• Manage the information relating to your personal profile (in particular, you can change the password for access to the private area) in the “Account Details” section;
• Change the data relating to the shipping or billing address and / or add new shipping addresses in the “addresses” section;

The customer guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold Caiafa Arte di Massimo Caiafa harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any a way connected to the violation by the customer of the registration rules on the Site or on the conservation of registration credentials.

In case of violation of the prohibitions contained in the current article, Caiafa Arte di Massimo Caiafa reserves the right to take all necessary actions to stop the irregularities, including the suspension of access to the Site, the cancellation of the registration or the non acceptance or cancellation of orders.

Caiafa Arte by Massimo Caiafa builds its own commercial offer on the goods present in its warehouses. The Site is constantly updated automatically in order to ensure maximum correspondence between the availability communicated by the suppliers and those indicated on the Site.

Caiafa Arte di Massimo Caiafa while making every effort to ensure that the products on the site are always available, does not guarantee that they are available at the time of receipt of the individual order. In this case, the Customer will be sent an e-mail of non-acceptance of the order and the price paid in advance for the product chosen and ordered will be returned, in accordance with the provisions of the Applicable Law, and in the manner provided or by bank transfer or credit. on the credit card used for the purchase.

For further information contact info@caiafaarte.it

 

INFORMATION FOR THE CONCLUSION OF THE CONTRACT

In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Caiafa Arte di Massimo Caiafa informs the customer that:

To purchase one or more Products on the Site, the customer must fill out an order form in electronic format and send it to Caiafa Arte for a maximum of 8 Caiafa electronically, following the instructions that will appear on the Site from time to time;

Before proceeding with the transmission of the order form, the customer will be able to identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the different stages of the purchase; must also accept the General Conditions of Sale;

The contract, except in the case of payment by bank transfer referred to below, is concluded when the Customer receives an “Order Registration Confirmation” e-mail containing: a summary of the General Conditions of Sale and the particular conditions applicable to the contract, the information relating to the essential characteristics of the purchased product, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs;

The order form will be filed in the database of Caiafa Arte by Massimo Caiafa for the time necessary to execute it and, in any case, in accordance with the law. To access your order form, the customer can follow the procedure defined in the “Purchase orders” paragraph.

The languages ​​available to users for the conclusion of the contract are: Italian and English. Customer Service is able to communicate with customers in Italian and English.

 

AVAILABILITY OF PRODUCTS

Within the information sheet relating to each Product, Product Sheet, which can be accessed by clicking the individual product in the Online Showroom, there will be a special section next to the product photo containing information on the availability of the Product.

Due to simultaneous purchases on the Site, it is possible, for technical reasons, that the Product, even if accompanied by the wording “Immediate Availability”, is not immediately available after the order has been sent. In this case, the provisions of the paragraph “purchases on the site” apply.

 

INFORMATION ON PRODUCTS

Each product is accompanied by a Product Sheet and Details that illustrate its main characteristics. Cai8afa Arte by Massimo Caiafa reserves the right to modify the Product Sheets, without the need for any prior notice.

Caiafa Arte di Massimo Caiafa will do its best to ensure that the images of the Products published on the Site, accompanying the Brief Description and Details of a Product, represent the Products offered for sale as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. (the frames may be different) For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will prevail.

 

PRICES

All the prices published on the Site are the prices to the public consumer, expressed in Euros and are VAT included.

Caiafa Arte di Massimo Caiafa reserves the right to change the price of the Products, at any time and also, possibly, several times during the same day, it being understood that the price charged to the customer will be that indicated on the Site at the time of execution. of the order and that any changes (increase or decrease) subsequent to its transmission will not be taken into account.

Above the Product Sheet, you will find the sale price.

 

PURCHASE ORDERS

In the “Order registration confirmation” e-mail, in addition to conditions of sale, the customer will also find an indication of the ‘Customer Order Number’, which they must then use in any subsequent communication with Caiafa Arte di Massimo Caiafa, as well as a summary of all customer data entered in the order. The customer undertakes to verify its correctness and to promptly communicate any corrections to the email address info@caiafaarte.it

The customer who made the purchase with registration will be able to access their “Order Summary” and check its status via the My Account section.

Caiafa Arte di Massimo Caiafa reserves the right to refuse orders that come from:

by a client with whom it has an ongoing legal dispute;

by a customer who has previously violated the conditions and / or terms of the purchase contract with Caiafa Arte di Massimo Caiafa;

by a customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;

Caiafa Arte di Massimo Caiafa also reserves the right to refuse orders from customers who have released false, incomplete or otherwise inaccurate identification data.

 

TERMS OF PAYMENT

The payment of the Products purchased on the Site can be made using the payment methods described in the following paragraphs

Both in the case of unavailability of the product, or in the case of termination of the contract, or the exercise of the right of withdrawal by the customer with consequent cancellation of the order, the Total Amount Due will be simultaneously re-credited using the same methods used by the Customer for the payment.

The methods of re-credit on the payment instrument connected to the PayPal account depend exclusively on PayPal. Once the amount relating to the purchase made on the PayPal account has been credited, in no case can Caiafa Arte di Massimo Caiafa be held responsible for any direct or indirect damage caused by delays in the actual crediting attributable to PayPal or to the system banking.

PAYPAL

Payment for the Products purchased on the Site can be made through the PayPal payment solution, based on the terms and conditions of the contract agreed between the customer and PayPal. In the case of payment by PayPal, the amount relating to the purchase made will be charged by PayPal immediately, at the same time as the conclusion of the contract.

In order to guarantee the security of payments made on the Site and to prevent any fraud, Caiafa Arte di Massimo Caiafa reserves the right to ask the customer for additional information (for example landline telephone number, or a front / back copy of the card valid identity by e-mail or fax).

The deadline by which the document must be received will be specified in the e-mail request. This term will not, in any case, exceed 4 days.

Pending receipt of the requested document, the order will be suspended.

In the case of a request, the customer is required to send the requested documents within the specified deadline. In the event that Caiafa Arte di Massimo Caiafa does not receive these documents within the deadline specified in the e-mail request or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Civil Code, and the order consequently canceled. The termination of the contract, of which the customer will be notified by e-mail, no later than 4 days after the deadline for sending the required documents, will result in the cancellation of the order and the refund of the amount.

The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared.Caiafa Arte di Massimo Caiafa is therefore not able to know and does not store in any way the data of the credit card connected to the customer’s PayPal account or the data of any other payment instrument connected with that account.

ADVANCE BANK TRANSFER

Payment for the Products purchased on the Site can be made by the Customer, using the bank details indicated on the site in the “Methods of payment,” by advance bank transfer of which the Customer must provide proof to be attached to the purchase order.

In the case of payment by bank transfer in advance, the contract will be concluded only from the date of crediting the sums to the current account in the name of Caiafa Arte di Massimo Caiafa and not from the date of receipt of the “order confirmation” email as happens in the event that the customer chooses other payment methods.

To facilitate the connection between the payment received by bank transfer and the order placed, the customer is asked to indicate in the reason for the bank transfer:

the order reference number;

the date the order was placed;

the name and surname of the order holder, if different from that of the holder of the current account from which the transfer comes.

 

METHOD, EXPENSES AND TERMS OF DELIVERY

The delivery of the Products is carried out in all the states indicated in the premises of these General Conditions of Sale to the shipping address indicated by the customer in the order form. The delivery, however, can only be made within the borders of the State associated with the Nation in which the customer is browsing when the purchase process begins by adding a Product to the cart.

The customer is therefore obliged to enter a shipping address in the order form that is within the borders of the state associated with the country of purchase. Orders that contain the indication of a shipping address outside these borders will be canceled pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the total amount due will be refunded, if already paid.

Unless otherwise agreed, the supply of goods is understood to be Ex Works (EX Works – INCOTERMS currently valid).

The delivery terms indicated in the Order Confirmation are not essential terms, unless otherwise agreed in writing.

Force majeure (any circumstances beyond the seller’s control such as, fires, floods, strikes, breakdowns and breakdowns in manufacturing plants, roadblocks, delays or defects in subcontractor deliveries due to any circumstance referring to this clause) o other exceptional or unforeseeable circumstances that occur towards the Company or its suppliers (such as, by way of example, production delays, non-conformity of the product with respect to the technical data sheet detected following specific analyzes at accredited laboratories etc.) the terms for delivery, without any responsibility for the Company.

In the event of a customer as a Consumer, if there is a delay in the delivery of the goods exceeding 30 (thirty) days, which does not depend on force majeure or other unforeseeable events, the Purchaser is obliged to contest this delay in writing. to the Company, which will have a further 30 (thirty) days to make the delivery.

No right to compensation for damage will be due to the buyer for delay in delivery that does not depend on causes attributable to Caiafa Arte di Massimo Caiafa.

The risk of deterioration or damage to the goods passes to the buyer from the moment the goods leave the Company’s premises, or on delivery to the shipper / carrier or to the same buyer who collects the goods supplied.

Following the passage of risks, the Company is not liable for the loss or any other damage that may arise to the goods.

Shipping times:

Considering the nature of the Product and the meticulous care required for its correct packaging, the company can take up to 10 days to dispatch the products. In all cases, the various indications communicated personally to the customer through the corporate communication channels are authentic.

Shipping costs:

Shipping is always charged to the customer both in cases of single / multiple orders, even in the case of withdrawal or termination.

However, the company has a calculation system in order to make shipping costs on individual orders fairer. In this regard, the customer can request confirmation if the shipping costs paid by him are in line with the program.

All shipments are handled by third party couriers

Delivery can also be made in the so-called “Free zones”, including, by way of example, the towns of Livigno, Campione d’Italia, Ahvenanmaan lääni (FI), Açores, Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (ES), Isole Channel (UK) but not at post office boxes or post offices. In the event that the shipping address is at a PO box or post office, Caiafa Arte di Massimo Caiafa will terminate the contract pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the refund of the total amount due, if already paid. In case of doubts about the destination, the customer is invited to ask for information by means of a report to be made by accessing the section of the Site: Contacts or email to info@caiafaarte.it.

The amount (including VAT) of these expenses will be expressly and separately indicated before the customer sends the purchase order. This amount will finally be reported in the “Order registration confirmation” and “Shipping confirmation” e-mails.

Where applicable, the customer is responsible for the duties and customs duties, which will not be reimbursed in the event of termination, for any reason, of the purchase contract.

In the order summary and, therefore, before the customer proceeds with the transmission of the same, the total price of the order will be indicated, with separate indication of the costs of delivery and any other additional expense. This total, which will also be indicated to the customer in the “Order Registration Confirmation” e-mail, will constitute the total amount due by the customer in relation to the order

The company will never reimburse shipping costs or other charges except at its discretion.

The customer is recommended to check at the time of delivery:

that the number of packages delivered corresponds to what is indicated in the transport document sent in advance via e-mail;

that the packaging is intact, not damaged, wet or otherwise altered;

that the sealing materials (adhesive tape or plasticized straps) have not been tampered with in any way.

Furthermore, the customer in his interest, is invited to report any damage to the packaging or the mismatch in the number of packages by affixing “WRITTEN CHECK RESERVE” and specifying the reason for the reservation (eg “laundry package”, “crushed packaging “, Etc.) on the courier’s proof of delivery.

The customer is required to report any particular characteristics relating to the place of delivery of the Product and / or its location. In the event that he does not provide such information or provides incorrect information, any additional costs that will become necessary to complete the delivery of the Product will be at his expense.

In the event of failure to indicate the delivery term, it will in any case take place within thirty days from the date of conclusion of the contract.

To resolve some logistical or other problems that may arise in relation to delivery, it may be necessary to contact the customer.

In any case, when Caiafa Arte di Massimo Caiafa entrusts the shipment to the courier, the customer is notified by an “Order completed” e-mail. This e-mail contains all the details in relation to the delivery: list of Products shipped, Tracking number of the shipment linked to the courier’s website (if available).

 

RIGHT OF WITHDRAWAL

Without prejudice to the exclusion of the right of withdrawal in relation to the hypotheses referred to in art. 59, Legislative Decree 206/2005, Pursuant to articles 52 and ss. of the Consumer Code, only the customer who holds the quality of consumer has the right to withdraw from the purchase contract of the Product without incurring costs other than the direct ones for returning the goods, as provided for in this section and without giving any reasons, within the deadline of fourteen working days (“Withdrawal Period”). :

Without prejudice to Article 53, the withdrawal period referred to in paragraph 1, for the part concerned here, ends after fourteen days from:

From the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods or:

1. In the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;
2. in the case of delivery of goods consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;

To exercise the right of withdrawal, the customer must inform Caiafa Arte di Massimo Caiafa., Before the expiry of the Withdrawal Period, of his decision to withdraw. To this end, the customer can submit an explicit declaration of his decision to withdraw from the contract (“Declaration of Withdrawal”). The Withdrawal Statement must be sent to the following addresses: by certified mail to caiafaarte@pec.it, or by registered mail to the address Caiafa Arte di Massimo Caiafa, Vioa Chiatamone 6g, 80121 Naples. In the event that the customer makes use of the Declaration of Withdrawal, he is invited to indicate in the Declaration of Withdrawal the order number, the Product (s) for which he / she intends to exercise the right of withdrawal and its address.

The customer has exercised his right of withdrawal within the Withdrawal Period if the Declaration of Withdrawal is sent by the consumer before the expiry of the Withdrawal Period. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the customer, it is in the customer’s interest to use a durable medium when communicating Caiafa Arte di Massimo Caiafa. your withdrawal.

The Product, properly packaged and protected and complete in all its parts (labels, pendants, envelopes, photographs …), must be sent to Caiafa Arte di Massimo Caiafa without undue delay and in any case within the term of 14 calendar days from date on which the customer communicated his decision to withdraw. The deadline is met if the customer sends the Product before the expiry of the 14 day period.

The product must be cust scanned with normal diligence and returned intact, perfectly suitable for its intended use and free from signs of wear or dirt, complete in all its parts, complete with all accessories, where present, still attached to the Product and intact and not tampered with .

Furthermore, the withdrawal applies to the Product in its entirety. It cannot be exercised in relation to parts and / or accessories of the Product.

The customer must return the Product to Caiafa Arte di Massimo Caiafa using a carrier of his choice. The direct costs of returning the Product are charged to the customer.

If the customer withdraws from the contract, Caiafa Arte di Massimo Caiafa will reimburse the sums paid by the customer for the Product, excluding the amount paid for any purchase of “Additional Services” other than delivery, without undue delay and in any case not more than 14 calendar days from the day on which it was informed of the customer’s decision to withdraw from the contract. Customs duties and taxes are charged to the customer, which will not be refunded in case of exercise of the right of withdrawal. According to the provisions of art. 56, paragraph III of the Consumer Code Caiafa Arte by Massimo Caiafa may suspend the refund until the Products are received.

In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and, in particular, in the event that the Product is not intact in all its parts and / or accompanied by its accessories and / or elements that constitute it integral part, it will not result in the termination of the contract and, consequently, will not give the right to a refund of the amount paid by the customer for the Product. Caiafa Arte di Massimo Caiafa will notify the customer by e-mail within 5 working days of receipt of the Product, rejecting the request for withdrawal

In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced. of an amount equal to this decrease in value.

 

LEGAL GUARANTEE OF CONFORMITY

All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Legislative Decree n. 206/2005 (“Consumer Code”) (“Legal Guarantee”).

WHO IT APPLIES TO

The Legal Guarantee of Conformity is reserved exclusively for consumers. Therefore, it applies only to Customers who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

WHEN IT APPLIES

The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

Our products are always checked through the QC (Quality Control) before each shipment. If imperfections are found, the customer will always be notified.

In order to take advantage of the Legal Guarantee, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that the Customer, for the purposes of this proof, keep the purchase invoice, which Caiafa Arte di Massimo Caiafa sends him via e-mail in PDF format as well as the DDT or any other document that can certify the date of execution purchase (e.g. credit card statement or bank statement).

Any failures or malfunctions caused by accidental events or by the Customer’s responsibility or by use of the product not in accordance with its intended use are excluded from the scope of the Legal Guarantee.

Also to be taken into account are those that can be defined by the customer as slight imperfections. Considering the nature of the product, many can actually be an integral part of the artistic product itself, of its past and of how the artist has deliberately decided to portray it. The lack of conformity is such if the product has serious deficiencies as requested by the customer.

Please note that the pieces are sold as they appear on the site and all imperfections are to be re to be an integral part of the artistic product.

The company is in no way responsible for alterations to the work during shipment, transport and assembly of the same.

 

REMEDIES AVAILABLE TO THE CONSUMER CUSTOMER

In case of lack of conformity duly reported within the terms, the Customer has the right:

primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;

secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of price or termination of the contract, at your choice.

The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to the alternative remedies that can be tried, taking into account:

of the value that the asset would have if there was no lack of conformity;

the extent of the lack of conformity;

of the eventuality that the alternative remedy can be carried out without significant inconvenience to the consumer.

 

CUSTOMER SERVICE AND COMPLAINTS

It is possible to request information, send communications, request assistance or submit complaints through the Site by accessing the Contacts section, Caiafa Arte di Massimo Caiafa will respond to complaints by e-mail within a maximum of 5 working days.

 

APPLICABLE LAW AND JURISDICTION

The purchase contract concluded on the Site is governed by Italian law.

This is without prejudice to the application to consumer customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right. of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the customer resides or has elected domicile is competent, if the latter is a consumer, as defined by the Consumer Code.

The customer who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims disputes. , by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. The text of the regulation is available on the website eur-lex.europa.eu.

In the case of Buyers not falling within the “Consumer” category pursuant to and for the purposes of Legislative Decree 206/2005, the Court of Naples is exclusively competent.

Privacy legislation and personal data processing

The Buyer’s personal data will be processed in accordance with the provisions of the law on the processing of personal data (Legislative Decree 196/2003, Regulation (EU) 2016/679). The company informs the Buyer that the Company is the data controller and that the Buyer’s personal data are collected and processed exclusively for the execution of this agreement.

Final Provisions.

The invalidity in whole or in part of individual provisions of these General Conditions of Sale does not affect the validity of the remaining provisions.