GENERAL TERMS AND CONDITIONS OF AGREEMENT
The “Seller” is TREND AND TRADITION, with headquarters in Turin, Corso Re Umberto 42, VAT NO. 11167150017.
The “Client” is the entity (natural person or legal entity) who purchases on the website, accepting the general conditions of sale.
The “Parties” are the Client and the Seller considered jointly.
The “Website” is the Internet website www.first-drops.it dedicated to the sale of the Product. ‘First Drops – Distilled art pieces’ is a curatorial project dedicated to Italian artists and designers who work in the field of contemporary applied art and is a project by Trend and Tradition.
The “Agreement” is the agreement the scope of which is to sell the Product based on the General conditions of sale.
The “Product” or “Products” is/are the scope of the sale resulting from the Order.
The “Manufacturer” is the person who, in various capacities, supplies to the Seller the products that are the scope of the sale.
The “Order” is the Product order form filled in by the Client through the website.
The “Price” is the consideration agreed for the sale of the Product, not including shipping charges that shall be calculated and notified from time to time to the Client as the order is being placed.
“General conditions of sale” includes the set of provisions stated in this document that govern the terms and conditions applicable to the Agreement entered into between the Client and the Seller.
The scope of these General conditions of sale is the remote purchase of products by means of the Internet on the website www.first-drops.it, owned by Trend and Tradition.
The General conditions of sale may be changed at any time, without prejudice to the user’s right to withdrawal. Any changes and/or new conditions shall enter into force from the time of their publication on the website. The General conditions applicable are those that were in force at the time the purchase order was sent. These conditions do not govern the sale of products and/or the supply of services by entities other than Trend and Tradition that are present on the website as a link, banner or other hyperlink. Before completing trade transactions with the these entities, the user must verify their conditions of sale. Trend and Tradition shall be in no way liable for the supply of services and/or sale of products by these entities, nor for the contents present on their websites, including their errors and/or omissions and/or violations of the law.
Trend and Tradition reserves the right to refuse, at its sole discretion, the registration of a user and to not accept its order, whoever it may be, if it is considered in any way unusual, because, for example, but not limited to, of the amounts, frequency and modality.
- GUARANTEE OF CONFORMITY AND FAULTY GOODS
The Products sold on the website www.first-drops.it by TREND AND TRADITION are the result of an accurate selection striving to the achievement of quality in the reference field of activity, considering, for example, the specific CV of the artists/artisans/designers, their experience in research, the awards received, exhibitions organised etc…
The objects sold are made as unique pieces or limited editions; hence their limited and restricted availability in terms of the number of existing pieces and the time they are sold for on the website. Trend and Tradition cannot therefore guarantee that a piece can be replicated if a replacement is requested for the purchase of a faulty product.
The products are entirely hand made and present, as a consistent quality feature, imperfections, differences and general characteristics that are typical of hand made products, unrelated to industrial production, and resulting from the personal and individual creativity of artists/artisans/designers.
Trend and Tradition shall not be held liable for the violation of copyright rights by the artists/artisans/designers whose productions are sold on the website www.first-drops.it.
The Products for sale are photographed professionally and described in accordance with reality.
The images and the colours of the products published on the website may differ from the reality due to the local settings of the systems and/or tools used to view them.
In the event of non conformity of the products purchased compared to the publication on the website, i.e. presenting defects or malfunction or that in any case are not suitable for the use made of similar goods, the user shall be entitled to have the Product repaired or replaced, without any additional charges, if this is possible in reference to the number of products still available and as long as the replacement or repair is not excessively expensive for the seller in reference to the value of the good, if there is no lack of conformity. Alternatively, the user has the right to cancel the contract or to a discount on the price.
TREND AND TRADITION shall be informed of the fault within two months from the date in which it was discovered, after which the guarantees shall expire, by sending an e-mail to the following address: email@example.com.
In addition, the scope of the Legal Guarantees shall not include any fault, malfunction or defect of any other kind resulting from accidents or caused by the user or from the use of the product non compliant to its intended use and/or to the use stated in the technical documents sent with the product, if available, or in its instructions for use. The conventional guarantees associated to the products sold are those supplied by the manufacturer.
In case of replacement or repair of goods by TREND AND TRADITION the shipping charges shall be borne by the seller.
- COMPLETION OF THE AGREEMENT
Before completing a sales agreement it is necessary to register on the website by providing your name, surname, e-mail address and a password. The registration on the website is free and is confirmed by an e-mail sent to the address supplied by the user. The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user has sole responsibility for access to the website using the Registration credentials and is directly liable for any harm and prejudice caused to Trend and Tradition or third parties arising from the improper use, loss, illegal use by others or the failure to provide suitable protection to the secrecy of the Registration credentials.
The Product is sold based on these General conditions of agreement published on the website at the time of the Order.
The agreement shall be understood to be completed and effective for the parties at the end of the order process on the website, whereby the Seller receives the confirmation of the order.
The Seller shall send the Client a notice, by e-mail or to a different addressed stated in the Order, including a summary of the Order (for example, but not limited to: date of the order, final price, estimated date of delivery, how to exercise the right to withdraw, shipping charges and any additional charges, etc.). In any case, no agreement shall be considered completed until the client has accepted the general conditions of sale during the purchase process on line. By sending its on-line purchase order, the client declares that it has read and accepted these General conditions of agreement and is committed to observe and respect them in its relations with TREND AND TRADITION.
The available number of Products refers to the number of products actually available at the time in which the order was placed. This availability must nevertheless be considered a pure estimate as, because several users are present on the website at the same time, the Products might be sold to others before the order is confirmed. The products in the shopping cart are reserved and available to the client for one hour, after which they may be reserved and purchased by another client.
Even after the order confirmation e-mail has been sent by TREND AND TRADITION part of or the entire order may become unavailable. In this case, the order shall be automatically changed and the non available product eliminated from the order list and the Client shall be informed immediately by e-mail.
- WITHDRAWAL AND CANCELLATION OF THE CONTRACT
The Client’s right to raise exceptions for the purpose of avoiding or delaying the performance of the contract is explicitly excluded.
If the Client that signs the agreement is a Consumer (pursuant to Art. 3, section 1, lett. a of Leg. Decree. no. 206 of 6 September 2005, i.e. is a “natural person acting for purposes unrelated to the entrepreneurial or professional activity performed, if any”) has the right to withdraw from the agreement entered into with TREND AND TRADITION, without any penalties and without stating the reason, within fourteen (14) days from the date of receiving the products purchased on the website.
The right to withdraw is subject to the following conditions:
- the returned Products must be returned in full and not in parts;
- the returned Products shall not have been used and shall not be damaged;
- the returned Products must be returned in their original packaging;
- the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right to not accept Products of a same Order that were returned and shipped at different times;
- the returned Products must be delivered to the courier within fourteen (14) days from the date of receiving the products; in the circumstance in which the Seller offers, for the purchase of a specific set of Products, the chance to buy them at a price lower than that normally applied when purchasing each piece individually (e.g. 5×4, 3×2 etc), the right to withdraw may be exercised by returning only part of the products purchased: in this case, the price will be recalculated to consider the price normally applied for the purchase of each single product. In all other circumstances (e.g. combined sales, prize giving competitions etc.) the right to withdraw may be exercised only by returning all the Products covered by the sale, excluding the return of only part thereof.
To exercise the right to withdraw the Client must:
- Inform the seller that is has resolved to withdraw from this agreement by means of a written declaration (e.g. a letter sent by post, fax or e-mail to the e-mail address firstname.lastname@example.org). For this purpose, the standard withdrawal form attached to the order confirmation can be used, although it is not obligatory.
- Send the goods to be returned to TREND AND TRADITION, Corso Re Umberto 42, 10128 Torino (To);
If the right to withdraw is exercised by the Client compliant to the above conditions, the Seller shall reimburse the amounts paid by the Client within 3 working days from the Seller actually receiving the returned goods. The reimbursement shall be performed using the same payment method used for the initial transaction, unless otherwise explicitly agreed.
It is understood that if the returned Products are the result of a dedicated agreement with a Product Manufacturer whereby TREND AND TRADITION is merely the intermediary, in the general sense of the term, the reimbursement shall be performed through and directly by the Manufacturer with the associated extension of the terms stated above, if applicable.
For the goods returned, the charges borne by the Client shall be restricted to those associated with the return and return delivery. The client is legally obliged to take care of the objects during the period in which they are in its possession. Returned Products must not be used or damaged. The Client ships the returned Products at its own risks and shall be liable for the loss of Value of the goods arising from handling the goods in a way other than that needed to establish the nature, characteristics and operations of the goods.
TREND AND TRADITION is committed to bearing also the return delivery costs of the Products solely if the duly documented damage is ascribable to transport or shipping errors made by the Seller, without prejudice to the provisions of Art. 4 below. In the case of damaged Products, the Seller shall send an express courier to collect the Product at the address provided by the Client. If the right to withdraw is exercised non compliant to the above rules, the Seller shall send back to the Client the Products purchased and the Client shall bear the further shipping charges incurred.
If the products are bespoke products, the Client’s right to withdraw from the Agreement is explicitly excluded.
The partial impossibility of execution does not affect the effectiveness of the contract, without prejudice to the option of changing the Order. In any case, the Seller may withdraw from the agreement if it does not have an appreciable interest in the partial execution thereof.
- DELIVERY TIMES AND METHODS
The delivery time for the Product stated in the Order or on the website is a provided as an indication and is subject to changes due to facts and natural events that cannot be reasonably controlled or foreseen by the Seller.
The delivery of the Product to the shipping address stated by the client in the Order is performed by express courier service. Delivery times are calculated from the time in which the transaction was concluded and the Seller shall inform the Client as soon as possible of the delivery times for the goods, taking into account the necessary administrative and bureaucratic procedures.
Delivery times are nevertheless stated as a pure indication and are not strictly binding, as they depend on customs clearance, control and restrictions in quantity implemented by individual countries, in addition to administrative and regulatory rules that are generally subject to frequent changes.
In the event of so-called “sale events” each order is subject to a suspensory condition namely that the Seller reaches by the publication date of the specific “sale event” a minimum predetermined order. As a result, should the Seller fail to reach said aim, the order shall not be effective and shall not lead to any duties on part of the Seller.
Each sale is understood to be out of the Seller’s storage depot and it is understood that the Seller fulfils it duty to deliver the products as soon as the goods are made available to the Client or to the chosen carrier.
As a result, the Seller shall not be held liable in reference to the transport, the means used, the itinerary chosen and any additional costs that may be applied by the carrier, it being explicitly understood that the shipping agreement is entered into by the Seller on behalf and in the name of the Client.
The Seller shall not be held liable for any additional duties, tariffs or customs duties levied by individual states.
Delivery shall be to the destination address stated in the Order. The user is solely liable for providing the address for the shipment. Any specific requirements shall be explained to TREND AND TRADITION by the Client. Changes to the shipping address are allowed until the shipment being handed over to the Courier and if in line with the shipment charges quoted in the order.
In any case, the Seller shall not be held liable for the non compliance or delays during delivery due to Acts of God or Force Majeure, including, but not limited to, provisions of Public Authorities, strikes of its own employees or of its suppliers and any other circumstance that cannot be controlled by the Seller.
Should the courier fail to deliver to the addressee at its first attempt, the courier is required to contact the client to agree a second delivery attempt or to agree for the package to be collected at the courier’s headquarters nearest to the client’s address. If the courier is unable to deliver the package at its second attempt, the package shall remain available for collection at the courier’s headquarters for 10 days. During this period, the courier will request the payment of a flat-rate daily fee in addition to the charges incurred to register the temporary deposit. If the user does not provide for the collection of the package during the temporary deposit period, the product shall be sent back to Trend and Tradition and the agreement shall be understood to have been cancelled. Trend and Tradition shall proceed to reimburse the amounts due minus the product delivery charges for the unsuccessful delivery, the temporary deposit charges and the return delivery to the sender and any other charges.
Each product is insured for its full value. To claim the reimbursement from the insurance in the event of damage to the product during transport, at the time of delivery the client must accept the package under reserve of inspection; once the package has been opened and the damage identified, it is necessary to take a photograph of the packaging and the damaged goods and write to email@example.com to notify the damage within three days from receiving the package, and sending the images as an attachment. The package and the packing must be conserved until the insurance claims process has been completed. Trend and Tradition shall provide, if possible, for the replacement of the damaged product or to fully reimburse the costs borne to purchase the product.
- THE CLIENT’S OBLIGATIONS
Before sending its purchase order, the Client is obliged to accurately read these general conditions of sale. By sending the purchase order it is implicit that they have been fully understood and accepted. The Client is committed to providing correct, truthful and full data in reference to: personal details, contacts, other information useful to process the Order also pursuant to the anti money laundering laws. The Client is committed to pay the price of the Product purchased at the set deadlines and as agreed and shall conserve a copy of the order confirmation sent by the Seller to the e-mail address (which is understood to be the preferred means of communication between the Parties) stated by the client at the time of its registration in the website or to a different address listed.
The Client is committed to avoid trading or distributing the product as part of its professional and main activity independently or by means of third parties.
- PRICE, PURCHASE AND PAYMENT METHODS
The products shall be owned by TREND AND TRADITION until the payment of the purchase price and the charges has been made by the Client. The Seller shall follow up the purchase order only after receiving confirmation that the payment of the total amount stated in the order has been authorised. The Client purchases the product, the characteristics of which are illustrated in the descriptive and technical forms at the price stated in the same, in addition to the delivery charges stated in the website. Before sending the purchase order, an overview is provided stating the unit price of each product chosen, the total cost if several products have been purchased and their associated delivery charges.
Once the purchase order has been sent, TREND AND TRADITION shall send the Client an e-mail confirming that it has received the purchase order and providing information of the main characteristics of the Product purchased, the detailed indication of its price, the delivery charges, taxes applicable and the payment methods, and recalling the General conditions of agreement and the information on the right to withdraw, the conditions and methods of execution available on the website.
The Price is shown in Euros (€) and includes the VAT applicable for the type of product and in force at the time of the completion of the Agreement.
The Price stated at the end of the Order includes shipping charges. If the shipping address is not included in the distribution network covered by TREND AND TRADITION or if it is part of areas considered remote or difficult to reach by the couriers used, the Seller shall inform the Client as soon as possible of the variations, if any, in price and delivery times. Compared to the price stated on the website and in the order, the Price may be subject to changes due to Acts of God, Force Majeure or other circumstances not ascribable to the Seller (including, but not limited to, the following: natural events, events ascribable to Public Authorities, the entry into force of laws, regulations, orders or rules, developments in the fees applied by suppliers, promotions, etc.). In the event of orders that have already been confirmed, the Client shall be informed as soon as possible of the price variation. The price variation shall not justify the cancellation of the contract and shall in any case not exceed 10% of the Value of the Order.
The Price stated is subject to manifestly incorrect entries.
Payments shall be made by bank transfer within three (3) working days of placing the order.
The payment may be made by “PayPal” or bank transfer.
- FORCE MAJEURE AND ACTS OF GOD
Considering the very special nature and limited fungibility of the goods traded, in the event of Acts of God or Force Majeure that made it difficult to execute the Agreement, the Seller shall have the right to extend the terms of execution.
- COPYRIGHT RIGHTS, BRAND AND DISTINCTIVE MARKS
Brands, logos and other distinctive marks of various nature present on the website and also associated, but not limited to, the methods for trading, selling and making the Products, belong to their respective owners. The use of brands, logos and other distinctive marks – including the reproduction thereof on other websites – by unauthorised third parties is prohibited, without prejudice to the provisions of the website or dedicated notifications.
The contents of the website (texts, graphic contents, images and animation) are covered by copyright.
It is prohibited to produce, modify, duplicate, copy, distribute, sell or in any way exploit the images and contents of the website unless prior authorisation has been granted by TREND AND TRADITION. The use of the contents of the website for trade and/or advertising purposes is also prohibited.
All the other distinctive products that distinguish the products sold on the website are brands registered by their respective owners and are used by TREND AND TRADITION by virtue of a licence, for the sole purpose of distinguishing, describing or advertising the products available on the website. Any use of the aforementioned distinctive marks that does not comply with the law, because it is unauthorised, is prohibited. The use of any distinctive mark present on the website to achieve an advantage from said distinctive mark or their reputation, or used in such a manner as to damage the same or their owners, is prohibited. The user may in no way alter, change, modify or adapt the website or the materials made available by TREND AND TRADITION .
The data supplied by the Client are needed to execute the Agreement and are processed by the Seller pursuant to the provisions of Leg. Decree. 2003 no. 196 on the “Protection of Personal Data”.
The Seller, pursuant to Article 13 of Leg. Decree. 2003 no. 196, declares that its Clients’ data are used to allow purchases to be made from the website and to suggest personalised products and services, to register the Clients for access to the services offered through the website, including purchasing and receiving advertising material, and shall be processed pursuant to the laws in force. Unless these data are provided, the Client shall not be able to resort to the services offered by the Seller.
The processing of personal details is guaranteed in reference of the execution of contractual and legal duties, including the supply of goods and services, invoicing, accounting entries and mandatory notifications to entities, in addition to the notifications to banking institutes and similar. The Client’s details may also be notified to administrative and fiscal consultants, or other public law entities that may request such details, or, in addition, in compliance with the provisions of law.
The e-mail of the registered Client may be used to send notices, newsletters, trade information and offers on products and services.
User profiling operations may be conducted in order to personalise the trade offers suggested, however they shall solely be conducted on general, non confidential, data. To this end, the Seller uses “cookies” to recognise the Clients when they access the website and to personalise navigation. The “cookies” can be cancelled at all times by means of the browser used.
The users registered on the website can assert the rights envisaged by Article 7 of Leg. Decree. 2003 no. 196, including the right to consult, change or cancel its data, directly on the website or by contacting us at the following e-mail address: firstname.lastname@example.org.
The Owner of the data processing is the association Trend & Tradition, with legal headquarters in Turin (TO) in C.so Re Umberto 42, e-mail: email@example.com.
All the notifications between the Parties must be made in writing and sent to the address stated by the other Party in the Order. The notifications sent to the e-mail address, including the certified e-mail address, listed by the Client at the time of sending the Order and by the Seller on its website shall also be understood to have been sent in writing. The e-mail address is understood to be the preferred address used between the Parties for all Notifications, unless otherwise stated explicitly by the two Parties and unless otherwise stated in these General conditions of agreement.
The notifications relating to the validity, effectiveness or existence of the Agreement or of the Order shall be exclusively sent by registered mail with notification of receipt, or by certified e-mail.
- APPLICABLE LAW AND COMPETENT COURT
The General conditions of agreement, the Agreement and the Order are governed and interpreted pursuant to the Laws of Italy and the prevailing language is the Italian language.
The Parties agree that this Agreement is explicitly excluded from the application of the UN Convention on Contracts for the International Sale of Goods.
All controversies arising on the General conditions of agreement, the Agreement or the Order are under the exclusive competence of the Courts of Turin (Italy).
If Leg. Decree. 206/2005 is applied, the competent Court shall be the court of the place of residence or elected domicile of the consumer at the time of the Order, if it is located in Italy.
Turin, 15th October 2015