General terms and conditions of sale
We suggest to the Customer to print or save, as he prefers the following General Terms and Conditions. In case of changes to the General Conditions, the purchase order will adopt the Terms and Conditions posted on the website at the time of the order by the Customer. Besides, the information contained in these Terms and Condition of Sale have been already examined and accepted by the Buyer, who acknowledges them, as this step is mandatory before purchase confirmation.
The goods referred to in these Terms and Conditions are offered for sale by Arte Africana di Alessandro Gasparin, based in Carrè, Via Monte Summano n. 23, 36010, Vicenza, registered with the Chamber of Commerce of Vicenza, no. VI-376197 of the Companies Register, tax code GSPLSN76T28H829X, VAT number 04064190244.
The contract between the customer and Arte Africana ends only through the Internet by the Customer accessing to the website www.african-art-artmorello.com where, following the outlined steps, he will formalize the offer for the purchase of the goods indicated and offered for sale on the same website. The Customer conclude the purchase contract by filling in correctly the application form and by the purchase agreement, expressed by the membership sent online, or by filling out the form attached to the e-catalog on-line on the website www.african-art-artmorello.com and then sending the said form (always after viewing the order summary web page, in which are summarized the details of the payer and the order, the price of the purchased goods, the modality and payment terms, the address where the goods will be delivered). When Arte Africana receives the Customer’s order, it will send an e-mail confirmation, in which there will be reported the details of the payer and the order, the price of the purchased goods, the modality and terms of payment, the address where the goods will be delivered. The contract does not constitute a public offer but an offer invitation. We reserve the right to accept not the customer’s offer. The contract is not perfected and enforceable between the parties in the absence of what written above.
All the selling prices of the products displayed and indicated on the website www.african-art-artmorello.com are in Euro; they constitute an offer to the public pursuant to art. 1336 C.C.
Sale prices include VAT. The prices shown on the website at the time of the order apply to the products, without any consideration of previous offers or price changes occurred after. Arte Africana reserves the right to change product prices at any time without prior notice.
Products features are indicated on the online catalogue and they are visible at the moment of the order compilation; Arte Africana shows its products in the most accurate and sincere way. Colors and other aesthetic features of the displayed product may undergo variations because of customer’s computer monitor. Therefore, the vendor does not guarantee that colors and other aesthetic features are reproduced on screen in a truthful way.
Every article is unique and refined as a piece of art. Whichever imperfection is not a defect but the proof that every single article comes from artisanship.
Slight imperfections and signs of wear and tear should be intended as an artisanal production’s value, which enhance and embellish all the ancient articles present in Arte Africana collection. Arte Africana states that, when a product page shows the dating, this one is intended as a rough estimate and not proven with scientific techniques.
The products offered by Arte Africana are made with natural materials, as wood, and they may be subject to aesthetic alterations or deformations, if they are located outdoors and exposed to climatic agents, or in indoors too humid. Also prolonged exposure to sunlight or extreme temperature changes may cause shape or color alterations of the wood. Arte Africana recommend positioning the purchased objects in closed, dry places, not exposed to direct sunlight. For cleaning, Arte Africana recommends not to use aggressive products; it is sufficient a microfiber cloth to remove dust. All products Arte Africana are classified as furnishings, so they are only expositive.
Disclaimer of liability
The purpose of Arte Africana is to work in the most precise way; however, it may inadvertently succumb to imprecisions or technical mistakes or typos. Arte Africana reserves the right to make changes and modifications to the website whenever it may be necessary without any prior notice.
Moreover, Arte Africana does not guarantee that information contained in its website complies with every country’s jurisdictions or that the products displayed on the website are allowed for the sale in all jurisdictions.
To the extent permitted by law, Arte Africana disclaims any liability in the event that the delivered product do not comply with the legislation of the country of delivery other than Italy.
Limitation of Liability
Arte Africana is not responsible for disruptions caused by force majeure, if it is unable to execute the order within the time stipulated in the contract. Arte Africana will not be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its subcontractors. Arte Africana will not be liable for any damages, losses and costs incurred by Buyer because of breach of contract for reasons not attributable to him, as the Buyer shall only be entitled to a refund of the price paid and any additional charges incurred. Arte Africana assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, and other means of payment, for the payment of the products purchased, if it proves that it took all possible precautions based on the best science and experience of the moment and according to ordinary diligence.
Warranties and support options
Arte Africana is liable for any lack of conformity, which becomes apparent within a period of 2 years from the delivery of the goods.
The Buyer loses all rights to Arte Africana if he does not denounce the lack of conformity within two (2) months from the date when the defect was discovered.
In any case, unless proved otherwise, it is assumed that any lack of conformity, which becomes apparent within six (6) months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect compliance. In case of lack of conformity, Buyer may ask, alternatively and without costs under the conditions set out below, the repair or replacement of the goods purchased, a reduction of the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or it is prohibitively expensive for the Supplier, pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be received in writing by mail to Arte Africana, which will indicate their willingness to act on your request, or will indicate the reasons that prevent it from doing so, within seven (7) working days of receipt.
In the same communication, if Arte Africana has accepted the request of the Purchaser, it must indicate the method of delivery or return of the property, as well as the deadline for the return or replacement of defective goods. If repair and replacement are impossible or excessively expensive, or if Arte Africana has not taken steps to repair or replace the goods within the period referred to in the preceding paragraph, or if the replacement or repair previously made have caused significant inconvenience to Buyer, he may request, at his option, an appropriate price reduction or the contract termination. In such case, the Buyer shall send his request to Arte Africana, which will indicate its willingness to act on the same, or the reasons that prevent it from doing so, within seven (7) working days of receipt. In the same communication, if Arte Africana has accepted the request of the Purchaser, there will be indicated the price reduction offer, or how to return the defective goods. In such cases, it will be Buyer’s responsibility to indicate the crediting modalities of the amounts previously paid to Arte Africana. The warranty will be invalidated in case of improper use, of carelessness, of willful damage, or of any problem arising from an incorrect maintenance and from failure to follow the instructions specified in the “Maintenance” section in this contract.
Right of withdrawal
The Purchaser has in any case the right to terminate the contract without any penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the goods purchased. If the Buyer decides to exercise the right of withdrawal, should notify by email to Arte Africana at email@example.com. The return of the property will still take place no later than 30 (thirty) days from the date of receipt of the asset. In any case, for there to be entitled to full refund of the price paid, the goods must be returned intact and, in any case, in normal condition. To exercise the right of withdrawal pursuant to this article, the only expense payable by the Buyer is the direct cost of returning the goods to Arte Africana, unless Arte Africana do not agree to bear the cost. Arte Africana will refund gratis the entire amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal. With the receipt of notice in which the Purchaser shall notify the exercise of the right of withdrawal, the Parties to this agreement are dissolved by mutual obligations, except as provided in the previous paragraphs.
Storage modality of the contract
Under Article. 12 of Legislative Decree no. 70/2003, Arte Africana informs the Buyer that any order sent is stored in digital / paper form at the headquarters of the Supplier, in accordance with criteria of confidentiality and security.
Communications and complaints
Written communications to Arte Africana and any complaint will be considered valid only if sent to the following address: Via Monte Summano n. 23, Carrè, 36010, Vicenza; or, if sent by email to the following address: firstname.lastname@example.org. The Buyer indicates in the registration form his residence or domicile, his telephone number and the email address at which he wishes to receive Arte Africana’s communications.
Settlement of disputes
All disputes arising from this contract will be referred to the Chamber of Commerce of Vicenza and resolved according to the Conciliation Rules adopted by it. If either party appeal to the ordinary judicial authority, the jurisdiction is that of Vicenza, mandatory pursuant to art. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
Applicable law and court
Italian law governs this contract. To what is not here expressly provided, we apply the rules of law applicable to the relations and circumstances provided for in this contract, and in particular art. 5 of the Rome Convention of 1980. Pursuant to art. 60 of Legislative Decree no. 206/2005, we expressly invoke the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.
Payment methods and refunds
Payments can be made online by credit card, with bank transfer and with PayPal, following the instructions on the website. Any refund will be credited with one of the procedures proposed by Arte Africana and chosen by the customer, in a timely manner; in the event of the right of withdrawal, as regulated in the “Return Policy” of this contract, they will be made no later than 30 days from the date in which Arte Africana became aware of the termination.
The order will be processed within 3 working days. After the expedition, we will provide all the related details, in order to monitor the shipping status. Delivery will be by express courier, approximately within 3 or 5 working days.
Delivery is free in the European Community.
For the countries outside the European Community, the customs fees are not included and therefore at your charge.
Arte Africana delivers only within the areas and countries specified on the website.
Personal data processing
Client’s data are processed in accordance with legislation on personal data protection, as specified in the information provided by the dedicated section: “Privacy”
All the images, videos, texts and documents on the website www.african-art-artmorello.com are protected by copyright. Every action, given by national and international laws to the owner of copyright, if carried out without the authorization of the company Arte Africana, will be prosecuted in civil and criminal matters. Digital, analog and printed reproduction, and each use of the economic rights, as well as the author’s moral rights, are reserved by Arte Africana and they are prohibited, unless required written permission of being allowed only temporary for viewing video pages. It is not allowed to send, to communicate or to disseminate online the content on the website; Arte Africana do not allow any amendments thereto.