GENERAL CONDITIONS OF SALE OF ALINARI SHOP PRODUCTS AND SERVICES.
- General conditions for purchasing products and services
Alinari Shop invites each user to carefully read the present general conditions of sale of ALINARI SHOP products and services (the “General Conditions”), before concluding any purchase and, once the transaction has taken place, to print or save a copy in digital format.
2. The General Conditions establish the online purchase of products and services promoted on the site http://shop.alinari.it (the “Site” or "Alinari Shop"), owned by FRATELLI ALINARI I.D.E.A. S.p.A. - tax number 00430850487 - Largo Fratelli Alinari, 50123 Florence (FI), Italy.
3. The products distributed by ALINARI SHOP through its own site mainly consist in books, photographs, prints, calendars, online memberships on varying supports and formats, both physical and digital (the “Products”). ALINARI SHOP also offers services relating to the sale of Products (the “Services”). All Products and Services at the disposal of users are illustrated on the homepage of the site and/or on various pages on the site itself.
4. Terms and methods to purchase Products and/or Services offered by ALINARI SHOP through its site are contained in the General Conditions, along with – where required by the characteristics of the chosen Product or Service – specific technical instructions or information listed on the site (the “Particular Conditions”). In the event of conflicting information between the General Conditions and Particular Conditions, the latter prevail.
5. The ALINARI SHOP Product and Service offer is aimed at users-consumers and other users. Users-consumers (“Consumers”) are intended as those who purchase the Products and/or Services presented on the site without any entrepreneurial or professional intent according to d.lgs. 6 September 2005 no. 206 (the “Consumer Code”). With regards to these General Conditions a Consumer is not considered a person who, upon purchasing a Product or Service, expressly indicates in the personal info field that he/she belongs to the category “business, company, work license holder.” Where no express mention to the Consumer category is made, the terms of the General Conditions and Particular Conditions are applied indistinctly to all users who purchase Products and/or Services through the site (the “Customers”).
6. ALINARI SHOP may modify, without any prior notice, the General Conditions. Such changes are implemented the day in which they are published on the site. Those purchase orders sent to ALINARI SHOP before such publication of updated/modified info will relate to the General Conditions at the time the sale was made.
7. The General Conditions are available in Italian.
II. Purchase Method – Sale Contract
8. The visual representation of Products on the site, where available, normally corresponds to the photo image of the products and is aimed at presentation for sale, without any guarantee or explicit/implicit assurance on the part of ALINARI SHOP, concerning the exact correspondence to the image portrayed on the site with the actual product, especially regarding the size and/or color on covers and/or packaging.
9. Publishing on the site Products and/or Services is an invitation aimed at users to create a purchase proposal with ALINARI SHOP. Each order sent in by the Customer integrates a contract proposal (the “Order”) and a specific acceptance of these General Conditions.
10. In the Order formulation phase the Customer may change the info inserted in the fields. If a specific Product and/or Service is presented on the site in an area different from the one intended for purchase transactions or, in any event, the icon “Proceed to Purchase” or “Reserve” icon cannot be selected (in the case of Products that can be booked), that item cannot be considered available for sale. Therefore, the Customer may modify and confirm the Order info and send to ALINARI SHOP by clicking on “Proceed to Purchase.” In order to conclude a sale the user must read and accept the General Conditions, as well as the Specific Conditions, where applicable.
11. After receiving the Order, ALINARI SHOP will automatically send to the Customer an e-mail of confirmation with all the info relating to the transaction, or rather, the kind of Product and/or Service required and relating costs, as well personal and contact info of the Customer. The Customer is obliged to verify all info is correct and quickly inform ALINARI SHOP if there are any changes. Receiving the email confirms that the Customer has read and accepted the General Conditions and Specific Conditions.
12. In the event of refusing to accept the conditions of sale, ALINARI SHOP has the right to accept or not the Orders received without having the Customer claim certain rights with regards to ALINARI SHOP. The sale contract is
considered final (i) once ALINARI SHOP accepts the Order, sent to the email address of the Customer or (ii) by tacit agreement after 48 hours upon receiving the Order (the “Sale Contract”).
13. Once the Order has been received on the part of ALINARI SHOP, FRATELLI ALINARI I.D.E.A. S.p.A. will ship the selected products.
14. The status of each Order may be viewed by the Customer by contacting email@example.com.
15. Each Sale Contract will be archived by ALINARI SHOP through an electronic system that may be viewed, when necessary, by the staff of FRATELLI ALINARI I.D.E.A. S.p.A., Digital and Operations Sector, and possible third parties in order to fulfill the Sales Contract.
III. ALINARI SHOP Product and Service Costs – Product Availability
18. The prices found on the homepages or various sections on the site dedicated to each single Product and/or Service include taxes but not any possible added taxes or customs duties imposed by other countries apart from Italy. Such costs, which vary according to country, must be paid by the Customer who is expected to verify the total cost with his/her respective customs.
19. In addition to each Product and/or Service there is an additional cost for shipping, the amount of which varies according to method of payment/delivery and destination. The total cost for selected Products and/or Services will be clearly indicated and sent to the Customer, before the sale transaction is concluded.
21. The purchase of digital Products, which may be downloaded immediately from the site, such as memberships, entails no shipment costs.
22. The prices included on the site are subject to possible variations and/or modifications on the part of ALINARI SHOP without any prior notification to the Customer. Such rise in costs may depend, among other things, on rise in costs of ALINARI SHOP suppliers. With regards to Sale Contracts concluded before modifications have been published online, prices at the time of Order will be applied. In the event price increases are greater than 20% for purchases up to 30 euro or more than 10% for purchases over 30 euro ALINARI SHOP will inform the Customer, who may confirm or not the Order with the updated prices within 7 days after receiving the ALINARI SHOP email or may cancel the Order.
IV. Payment Method
23. Payment of Sale Contracts may be done by credit card, paypal, bank transfer, or cash on delivery of Products (COD only for books published in Italy). ALINARI SHOP reserves the right to offer other payment methods. During the Order phase, the Customer must indicate the selected payment method.
24. The purchase of Products that can be downloaded immediately from the site, such as memberships or digital products, may be done only with credit card, or other methods when expressly indicated.
25. If the Customer decides to proceed with the purchase of Products and/or Services by credit card, the total amount for each Sale Contract will be charged once merchandise is shipped or on the weekday before shipment.
26. ALINARI SHOP has the right to request from the Customer, at any moment, further information and/or documents that attest to the card holder in order to successfully conclude the Sale Contract. If the Customer declines these requests, ALINARI SHOP has the right to refuse the Order, or withdraw from the Sale Contract, by immediate email sent to the Customer.
27. Credit card payment will take place through GestPay, where the amount owed to ALINARI SHOP will be carried out. GestPay is a system of Banca Sella for online payments with credit cards. Information regarding the credit cards of Customers will be sent to Banca Sella (Help-desk ecommerce Tel. +39-015 2434640) through a secure/protected system that uses SSL3 protocol at 128 bit encryption, the highest safety standard aimed to protect personal info on the Internet. The SSL protocol is issued, certified, and guaranteed by Verisign. The system contemporaneously acts on two control levels SSL3 at 128bit: protects data transmission from the browser to the server of Banca Sella by making this info impossible to read by third parties.Verisign: certifies with a Secure Server ID that communicates only and exclusively with the server of Banca Sella. Info relating to credit cards is processed exclusively by Banca Sella for necessary checks and authorizations for online payments. Alinari Shop, therefore, will not have access to info regarding credit cards, but will only manage the Customer’s info (first and last name, address...) needed to ship the items.
28. Payment of Products and/or Services by COD must take place upon delivery. This type of payment is only for books, shipped in Italy. Payment, in this case, can be done with check made out to the couriers of ALINARI SHOP, or in cash, to be given to courier at time of delivery. We cannot accept, in any case, other means of payment. Nothing extra than what is indicated in the Sale Contract will be owed by the Customer to the courier.
29. In the event of no payment – for various reasons – of the cost indicated in the Sale Contract, ALINARI SHOP will invite the Customer to pay the balance. Until the Customer has not done so, ALINARI SHOP has the right to immediately cancel any Sale Contracts in existence as well as block all purchase functions on the site, in writing to the Customer. ALINARI SHOP has the right to oblige the Customer to compensate any damage.
V. Item Delivery
30. On the site overall delivery dates are indicated by ALINARI SHOP, ready for delivery and the Customer. For item delivery to the Customer or third parties, the delivery times must be considered. The availability and delivery times may be subject to variation with respect to what is found on the site, due to contemporaneous access of Customers and suppliers not dependent upon ALINARI SHOP. The site cannot, therefore, guarantee unconditional respect of delivery times indicated on the pages and/or on the Order, and cannot be held responsible for delays.
31. In the event delivery times are delayed with respect to what is indicated as an approximate date on the site, ALINARI SHOP, within 30 days from receiving the Order, will send the Customer an email as soon as more information has been gathered and, in any case, no later than 5 days after the expected delivery date has expired.
32. ALINARI SHOP can in no way be held responsible by the Customer for any delays in Product delivery.
33. All shipments of Products will be at the risk of ALINARI SHOP. The risk is then handed over to the Customer once the items have been delivered.
34. For each Sale Contract through the site, ALINARI SHOP will issue a delivery note for the Customers who have included a tax number when the Order was placed for the Products and/or Services purchased. This document will be sent to the Customer’s email. No modifications can be made once the document has been issued, nor can any document be issued if a tax code has not been indicated. All Products in digital format are considered “Services” and, thus, must be accompanied by an invoice. Invoices will be sent as pdfs to the Customer’s email.
35. In order to correctly deliver the Products ordered, the Customer or a third party must be present. If no one is available at time of delivery, the courier will leave a notice at time of second attempt for the following workday and a phone number to make different arrangements. The completion of the Order will remain suspended at the courier branch. If delivery has not taken place and 5 days have passed, the Product will return to the ALINARI SHOP warehouse. Upon returning to ALINARI SHOP, the Customer will be contacted by the Customer Assistance staff and may decide on a second delivery or be reimbursed for the entire Order (excluding CODs). In the event a second delivery fails, the Order will be reimbursed. The relating Sale Contract is considered automatically and definitively concluded.
36. In the event of force majeure, unavailability of transportation, unexpected events ALINARI SHOP claims the right to cancel the Sale Contract or divide, postpone or cancel, wholly or partially, the scheduled delivery, when certain events my cause a delay or make delivery difficult or impossible thus creating additional costs/damage for ALINARI SHOP. In this case, it is the task of ALINARI SHOP to quickly inform the Customer via email of this decision. The Customer will thus have the right to be reimbursed, excluding any further compensation, with regards to ALINARI SHOP.
VI. Customer Cancellation Rights – ALINARI SHOP
37. According to art. 64 and ff of the Consumer’s Code, the Consumer has the right to withdraw from any purchase without any penalty and without any reason whatsoever. The Customer must inform the ALINARI SHOP Customer Assistance via email at firstname.lastname@example.org – or by fax or registered letter with return receipt, within 14 workdays upon receiving the Products and/or Services.
38. The Customer cannot cancel the Sale Contract for Products that can be downloaded from the site, like memberships.
39. Product returns must be done at the expense of the Customer, by courier, to FRATELLI ALINARI I.D.E.A. S.p.A. - Largo Fratelli Alinari no. 15, 50123 Florence (FI), Italy.
40. For proper return policy, the Customer must respect the following terms and conditions: a. returns can also concern only single Products part of a single Sale Contract, it being understood that the Customer cannot partially return a single Product; b. all Products for which the Customer claims the right to return must be intact, like the moment it arrived to the Customer, in its original packaging, with all its parts including wrapping, seals, and accessory documents; c. if the Product that has been returned is damaged when it arrives at ALINARI SHOP, the Customer will be informed so that he/she can, where possible, be properly reimbursed with their chosen courier for Product returns; d. ALINARI SHOP cannot be held responsible for any possible damage, theft, or loss of returned Products. Any risk will be exclusive to the Customer.
41. Once Product integrity is assessed, ALINARI SHOP will reimburse the Customer for the entire amount paid for Products and/or Services as indicated in the cancelled Sale Contract, within 30 days from receiving Products. Reimbursement will take place with the credit card info the Customer included at time of Order, or by bank transfer.
42. In the event the Customer violates, wholly or partially, the return terms in these General Conditions, the Sale Contract will be valid and ALINARI SHOP will return the Products, and Customers will pay the relating delivery charges.
43. ALINARI SHOP has the right to withdraw from any Sale Contract with the Customer or Consumer, via email or registered letter, just as it may not accept any Order on the part of users or Customers who have behaved irregularly, or accepted Procts COD, or are suspected of acted against the law.
VII. Guarantee - Returns
44. In the event Products or Services have a guarantee recognized by the manufacturer, any flaws, defects, or deformities must be stated directly to the manufacturer as indicated on the packaging of the Product or in the instructions guide. With the exception of binding laws, ALINARI SHOP declares it has no responsibility with regards to flaws, defects, or deformities of Products. The Consumer guarantee as according to D.Lgs. 206/2005 is nonetheless valid.
45. The Consumer must inform ALINARI SHOP of any defects on Products, which will also be inspected by the Customer Assistance staff at ALINARI SHOP within 2 (two) months time from the discovery.
46. ALINARI SHOP will make all reasonable attempts to replace, at their own expense and within an acceptable time, the defective Product. If this is not possible, or is excessively costly for ALINARI SHOP, the Consumer has the right to cancel the Sale Contract and, consequentially, be reimbursed for the Product and delivery charges, without any further responsibility of ALINARI SHOP, for any reason.
47. If the Customer notices any possible deformity between the Product order and the one received, and in particular, finds any problem whatsoever, he/she must immediately inform Customer Assistance at ALINARI SHOP. Customer Assistance will provide all necessary information to the Customer in an attempt to resolve the problem and, where possible, will ship any missing parts, replace defective material, or order reimbursement. In no event will the Customer be asked to return defective or wrong items at own expense.
VIII. Notifications and Complaints
48. All notifications and complaints concerning ALINARI SHOP must be sent to Customer Assistance at ALINARI SHOP, at email@example.com.
49. Otherwise, the Customer may send a letter to “Alinari Shop - Servizio Assistenza Clienti - FRATELLI ALINARI I.D.E.A. S.p.A.” - Largo Fratelli Alinari no. 15, 50123 Florence (FI), Italy.
50. The Customer declares and acknowledges that all brands, drawings, models, distinctive marks, software, and data bases, that is, any other intellectual property and industrial copyright accessible from and/or reproduced on the Site, in any way and/or form, including the brands ALINARI SHOP belong exclusively to ALINARI SHOP or rather ALINARI SHOP is the legitimate license holder (the “Copyrights”). See “Site Use Terms”
51. As regards handling personal data on the part of ALINARI SHOP, see the relating section on the site, and which can be viewed upon purchase and confirmation of order.
XII) Reference Normative – Competent Court
52. These General Conditions are sustained by Italian law just as each Sale Contract is subject to Italian jurisdiction.
53. Ant dispute concerning the General Conditions or rather the Sale Contracts is exclusively of the Court in Florence, it being understood the relevance of binding norms safeguarding the Consumer.
54. According to art. 1341 and 1342 cc. the Customer declares he/she has read, understood, and accepted the following clauses: Approval of General Conditions, Particular Conditions, Modification of General Conditions, Exclusion of Guarantees, Orders, Sale Contract, Order Modification and Cancellation, Prices, Price Changes, Charges, Lack of Order Acceptance, Order Modifications, Overdue Interests, Shipment and Delivery, Shipment Risks, Force Majeure, Consumer Returns Right, ALINARI SHOP Cancellation Right, Guarantees-Returns, Copyright, Applicable Law, Competent Court.