1. DEFINITION AND OBJECT OF THE CONTRACT
1.1 This Agreement is a distance contract pursuant to art. 45 ff. of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments) in the case of consumer customers pursuant to art. 3 of the Consumer Code, understood as “the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out”.
In particular, according to art. 45 of the Consumer Code, a distance contract means “any contract concluded between the professional and the consumer within the framework of an organized remote sales or service provision scheme without the physical and simultaneous presence of the professional and the consumer, through the exclusive use of one or more means of distance communication up to the conclusion of the contract, including the conclusion of the contract itself “.
If the Customer is not a consumer pursuant to the aforementioned article, this Agreement is a sales contract pursuant to art. 1470 ff. c.c.
1.2 The Contract concerns the sale of Japanese antiques between the company AM Group S.r.l. (CF E VAT IT08003780965) (hereinafter “AM Group”), with registered office in 20093 Cologno Monzese (MI), via Tintoretto 10, and operational headquarters in 20127 Milan, via Soperga 25 (tel. +39 02876550; firstname.lastname@example.org) and the Customer.
1.3 The Contract is concluded directly through the acceptance by AM Group of a purchase proposal made by the Customer by telephone or through the websites www.artecollezione.it and www.masterart.tv, following of the invitation to offer content in teleshopping or on the internet, in the manner described in art. 3.
2.1 The prices of the objects illustrated during the teleshopping broadcast on the website www.masterart.tv and for sale on the website www.artecollezione.it are indicated in Euros and include VAT and all other taxes.
2.2 Shipping, delivery, postal costs or any other cost may be charged to the Customer.
2.3 If an incorrect price has been communicated, AM Group will contact the Customer to check whether it intends to proceed with the purchase of the item at the correct price. If the Customer does not intend to proceed with the purchase, or AM Group cannot contact him, AM Group will cancel the order. AM Group is not obliged to sell the item at the wrong price if the error was known by the Customer according to ordinary diligence. Any information on prices is available by contacting AM Group at the telephone number +39 02876550 ; by writing to the e-mail address email@example.com; consulting the websites www.artecollezione.it and www. masterart.tv.
3. PURCHASE AND PAYMENT METHOD
3.1 Payment can be made by: (a) credit / debit cards; (b) bank transfer (c) check (d) financing (e) cash within the legal limits. AM Group will ship the purchased item only after receiving the payment authorization or only after the actual collection; failing that, it will not proceed with the shipment.
3.2 If the Customer intends to purchase items that are no longer available, AM Group will promptly inform the Customer and any order will be canceled.
3.3 Further information on payment methods are available by contacting AM Group at the addresses referred to in article 1.2.
4. METHOD OF DELIVERY
4.1.AM Group carries out deliveries throughout the Italian territory, including San Marino and Vatican City, in Europe and throughout the rest of the world. Further information is available by contacting AM Group at the telephone number +39 02876550 ; by writing to the e-mail address firstname.lastname@example.org or email@example.com ; by filling out the form on the sites www.artecollezione.it and www.masterart.tv in the “Contacts” section.
4.2 AM Group generally delivers within 2 working days in mainland Italy, 2/4 working days in Europe and 2/5 working days in the rest of the world from receipt of payment authorization or collection.
5. OBLIGATIONS OF THE CUSTOMER
5.1 The Customer declares and guarantees: (a) to be of age; (b) that the data provided by the same for the execution of the Contract are correct and truthful.
6. CONSUMER’S RIGHT OF WITHDRAWAL
6.1 Pursuant to art. 52-59 of the Consumer Code, the consumer has the right to withdraw from the contract without giving any reasons and at no cost other than those provided for by law (Article 56, paragraph 2 and Article 57); to exercise this right, you can send an explicit declaration (for example a letter sent by registered mail) to the seller AM Group srl – Via Soperga, 25 – 20127 Milan also using the pre-printed form to be requested from the seller to at the time of delivery or at a later time.
6.2 For the purpose of exercising the withdrawal, the consumer must send the communication referred to in the introduction no later than 14 days from the day on which the consumer or a third party designated by him acquires physical possession of the goods. The deadline for exercising the right of withdrawal is considered respected if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period.
6.3 The consumer is required to return the goods, intact, in the exact same state of conservation at the time of purchase, to AM Group , without undue delay and in any case within 14 days from the date on which communicated his decision to withdraw from the contract.
6.4 The return of the product through the exercise of the right of withdrawal involves the reimbursement by AM Group of the consideration for the purchased object as well as, where present, the delivery costs, while the direct costs of return are borne by the consumer. The refund will normally take place using the same payment method used by the consumer for the initial transaction. AM Group is not required to reimburse the consumer for any additional costs resulting from the choice of a different and more expensive shipping method than the one offered. Except in cases where AM Group has not offered to collect the goods itself, AM Group may withhold the refund until it has received the goods.
6.5 In the event that the object is not in the same condition it was in at the time of sale, the withdrawal lapses.
7. GENERAL CLAUSES
7.1 AM Group may assign to third parties all or part of the rights and obligations deriving from this Agreement.
7.2 AM Group reserves the right to modify these conditions of sale, without prior notice and without any prejudice to sales made prior to such modifications. Any changes will be effective from the date on which they will be communicated to the public and will apply to sales made after that date. The latest updated version is available on the sites www.artecollezione.it and www.masterart.tv .
9. APPLICABLE LAW AND JURISDICTION
9.1 This Agreement is subject to Italian law.
9.2 If the Customer is a consumer pursuant to art. 3 of the Consumer Code, for the resolution of any disputes concerning the interpretation, execution and resolution of the Contract, the judge of the place of residence or domicile of the consumer is competent, if located in Italy (Article 66bis of the Code of Consumption).