EXCERPT OF THE REGULATION:
TERMS OF PAYMENT
1. The client must communicate to Arteforma the possible cancellation of the order within 24 hours of the issuance of the order (proposal of purchase).
2. Payment can be performed via wire transfer or Paypal.
3. Upon delivery, the client must check the quantity and good condition of the products.
4. The client can withdraw from the contract within 10 (ten) days of the delivery of the product
5. Customized products cannot be reimbursed and do not benefit from the right of withdrawal. For example wheels and bicycles assembled upon request, saddles and customized apparel, etc…
6. The products benefit from the warranties provided by the Consumers’ Code.
7. Availabilities indicated on the web site are approximate and do not represent a contractual obligation. BEFORE BUYING, PLEASE CHECK THE AVAILABILITY
8. Delay caused by unavailability of materials at supplier’s/manufacturer’s premises can bring the delivery timing up to 10 – 50 working days.
9. If the carrier cannot deliver the goods for: absence of the addressee or wrong address, the client must bear the costs for the new delivery.
* Wire transfer on: IBAN: IT35U0617001000000001533684 to Arteforma Sas. Swift: CRIF IT 2F
Please, remind that orders will be processed following receipt of payment. In order to speed up the procedure, please forward the receipt of payment via fax (39 011 676323) or email (firstname.lastname@example.org).
* PAYPAL: payment may be performed on line via Paypal. For any information, please check the web site www.paypal.it.
TERMS AND CONDITIONS OF SALE
All orders forwarded via internet, mail or fax are regulated by this Terms and Conditions of Sale which comply with the applicable laws on contracts entered into outside commercial shops.
Rules protecting consumers
Please find below the terms and conditions regulating the sale of the products commercialized by Arteforma S.a.s. di Stefano Tarticchio, represented by its legal representative Mr Stefano Tarticchio, with legal office in Torino (Italy) - Via Pigafetta 48, registered at the Company’s Register of Turin (n. 909085 ), certified email email@example.com (hereinafter “Arteforma”) which comply with the Italian Constitution and with the Consumers’ Code in order to ensure a high level of information and consumers’ protection.
Arteforma reserve the right to vary the terms and conditions of sale being understood that the possible new rules will be effective once posted on the web site www.desgena.com and will regulate only orders issued from then onwards.
The consumer is asked to carefully read the terms and conditions of sale upon issuance of each order (proposal of purchase).
General terms of purchase
Arteforma is the owner of the web site www.desgena.com, it is the holder of the trademark “Desgena” and it is the exclusive supplier of the products listed on the web site.
The manufacturer of the products indicated on the web site/catalogue is indicated in the products’ description.
Availability of products
The client can only purchase the products currently indicated in Arteforma’s electronic catalogue available at
www.desgena.com. The availabilities (if any) indicated on the web site are indicative and in no event they represent a contractual undertaking.
In case a request forwarded via online order, via mail or by telephone exceeds the availability of a product, Arteforma will accept the order for the quantity actually available in its virtual warehouse.
Arteforma’s clients’ assistance will communicate to the client (by telephone or via email) whether the products ordered will be available in the future.
The products selected among the products indicated on the web site/catalogue can be purchase at the conditions indicated below.
Before issuing the order it would be advisable to check the availability.
All products ordered are generally available at our logistic warehouse and are usually processed in 3 – 10 working days.
Some products as bicycles, given the peculiarity and the high number of models, considering that some versions are assembled and varnished upon request, can be delivered between 10 and 50 working days, depending on the model and on the accessories.
Arteforma reserve the right to vary at any time the product without notice. In such a case the client will not be allowed to raise any claim and/or objection whatsoever.
In case of delays due to unavailability of the materials at the supplier’s/manufacture’s premises, cause of force majeure, etc… Arteforma will inform the client at the contact details provided to Arteforma.
Given the peculiarity of the bicycles, the accessories and the stickers might vary depending on the availability in the production phase.
The product may differ from the image of the description card for color, dimension, accessories showed in the image. All information supporting the purchase (technical cards, etc…) must be considered as generic informative material not referable to the actual characteristics of the product.
Acceptance of the orders
The purchase of the products will be formalized through the following phases:
With the issuance of an order online, via mail or by telephone the client forwards to Arteforma a proposal to purchase the product or the products selected.
The issuance of the purchase order entails the consent (pursuant to Legislative Decree 6 September 2005 n. 206 and pursuant to Legislative Decree 30 June 2003 n. 196) to receive from Arteforma the communications indicated below which are exclusively finalized at the conclusion and execution of the sale purchase agreement.
Arteforma confirm by email/verbal communication the reception of the order issued by the client, assigning to the order a “Number of Client Order” which must be indicated in any further communication with Arteforma.
The consumer is requested to print the email and keep it/the Number of Client Order. In case of no reception of such communication, the consumer shall contact Arteforma at +39011676323.
The client must communicate to Arteforma the possible cancellation of the order by telephone +39011676323 and via email at firstname.lastname@example.org, within 24 hours of the issuance of the order (proposal of purchase).
If no cancellation occurs, Arteforma will deliver the product/s ordered to the carrier in charge of the delivery to the indicated address. The client must pay in the way indicated in the order. The product/s will be shipped exclusively following authorization of payment.
In case of impossibility, even temporary, to process the order partially or totally, Arteforma will send immediately an email/contact by telephone the consumer in order to agree how to proceed, being understood that the consumer may ask cancellation, even partial, of the order.
Arteforma provide two means of payment to be selected upon issuance of the order (proposal of purchase):
Prices of products and of shipment.
Prices (including VAT and any other tax, excluding shipping prices) are indicated alongside of any product on the web site/catalogue.
Shipment is performed through carrier Bartolini in Italy with the exception of Calabria, Sicilia and Sardegna.
In Calabria, Sicilia and Sardegna the shipment will be performed by carrier Artoni and it will not be express (3/4 working days).
The shipment cost is the following:
The price to be paid is indicated alongside the product (with possible discounts) upon order conclusion, plus shipment costs, without considering possible further updates.
Arteforma reserve the right to vary without notice the prices and the shipment costs. The possible new amounts will be effective as of the date of the publication on the web site www.desgena.com and will be applied to the sales performed from then onwards.
Shipments in Italy are usually performed within 7 (seven) working days of the date of issuance of the order, in case of delay in the shipment, the customer will be timely informed.
The above shipment terms are indicated by the carrier, as a consequence Arteforma cannot assure that they are respected. Based on our experience, they are usually respected.
Shipment is performed from Monday to Friday (excluding Bank holidays) in the regular working time. In case the carrier cannot deliver the products due to the absence of the addressee, it will leave a notice indicating that it tried to deliver the shipment and indicating the contact details to schedule a new delivery.
Arteforma will do its best to have the products timely delivered to the consumer. The consumer is required to contact Arteforma in case of delay in the delivery and, in any case, to inform Arteforma about any disservice.
If the carrier cannot deliver the products for: absence of the addressee or wrong address, the client shall pay the shipment costs for the new shipment. Upon delivery, the client shall check the quantity and the good conditions of the products. In case of damages to the package or in case of receipt of wrong quantity of products, the client must inform the carrier and sign the certification of delivery with reserve. In such a case, Arteforma, after having checked the products, will possibly replace the missing or damaged goods, in compliance with the order. The fiscal receipt as proof of purchase and warranty on the products is shipped along with the goods.
UNCONDITIONAL RIGHT OF WTHDRAWAL
Being understood that the customized products do not allow the consumer to withdraw from the contract
, the consumer is entitled to withdraw with no penalty and no reason, within ten working days of receipt of the ordered product/s.
How to exercise the unconditional right of withdrawal
Within the above-mentioned term of 10 (ten) days, the consumer must send a return letter to Arteforma Sas di Stefano Tarticchio, Via Pigafetta, 48, 10129 Torino – Italy.
The consumer must indicate:
- order number and holder;
- in case of partial withdrawal, description and quantity of the products to be returned;
- bank details for the payment of the refund (CAB CODE- ABI CODE – BANK ACCOUNT – SWIFT CODE);
Along with the letter of withdrawal the consumer must return to Arteforma, bearing the related shipment costs, the products ordered and already received, undamaged and in the original package. Arteforma will not accept return of products in case of shipment with costs borne by the addressee.
Arteforma will return to the consumer the price possibly already paid and, in case of total withdrawal, the shipment costs. In case the holder of the bank account is not the person asking for reimbursement, please indicate it. If required, reimbursement can be performed through bank check.
The client shall be responsible for the returned goods until the delivery to Arteforma. The customers are kindly requested not to apply scotch-tape or stickers on the package and to pack the products in order to protect them from damages.
International customers are kindly requested to write on the package of the returned goods the following words “Merce di Ritorno, Vendita Fallita”, in order to avoid custom clearance costs. In case of failure to do so, Arteforma reserve the right to refuse the goods and to send them back to the sender.
Returned bicycles will be accepted only if unused and in good conditions.
Apparel must be returned in the original conditions and must include all parts and accessories.
Before returning the products (and in particular, bicycles), please contact Arteforma in order to assess the best solution for the restitution.
Warranty on the products
In case of defects, the consumer benefits from the warranties provided by Part IV, Title III, Section I, of the Legislative Decree 6 September 2005 n. 206.
PERSONAL DATA PROTECTION
Information upon processing of personal data pursuant to “Personal data protection Code” (article 13 of Legislative Decree 196/2003).
The Personal data protection Code (Legislative Decree 30.06.2003 n. 196) shall ensure that personal data are processed by respecting data subjects’ rights, fundamental freedoms and dignity, particularly with regard to confidentiality, personal identity and the right to personal data protection. We inform you that the data provided to our company, or in any case acquired in the performance of our activity, will be processed pursuant to the safety and confidentiality measures provided by the law. We also stress that:
1. personal data will be processed in relation to the contractual needs, the fulfillment of the obligations provided by law and regulations and by European laws, and in order to allow an effective administrative management of the relationship with our clients. Personal data are processed manually and/or through computers, on magnetic, electronic or computer support.
2. personal data are processed for purposes connected to the following activities: recording, activation and supply of the required service, market analysis, historical researches and statistic analysis, marketing activity and commercial promotion, administrative and accountancy activities, contracts management, client management, fulfillment of fiscal and legal obligations.
3. in addition to the communication and diffusion of the personal data required by law, your personal data can be communicated to our franchisees, to banks, to credit recovery firms and to professionals, consultants or counterparties involved in the execution of the agreement, with the sole purpose of credit protection and of the better management of our rights related to the commercial relationship.
4. the processing of the personal data provided by point 1 above is compulsory and essential for the fulfillment of the contractual relationship between you and Arteforma. Failure to provide such data and/or to authorize the processing could cause the impossibility to fulfill the contractual relationship. Failure to communicate data non expressly required by law and/or by the contract will be assessed time by time by Arteforma and will cause consequences which will depend on the importance of the required data for the management of the contractual relationship.
5. Personal data are processed for the duration of the contractual relationship and following termination of the contractual relationship in order to comply with the law and/or for commercial purposes.
6. pursuant to article 7 Legislative Decree 196/2003 you have at any time the right to check, integrate, amend and cancel the personal data or object the processing by writing to the EDP Responsible, as data processor, in the person of its legal representative, at Arteforma S.a.s. - Via Pigafetta, 48 - 10129 Torino, Italy.
Applicable law – Subject matter jurisdiction
- This contract can be translated into other languages but only the Italian text will be binding for its interpretation.
- This contract, its validity, effectiveness, fulfillment and interpretation are regulated by Italian law.
- The Court of Turin shall have exclusive jurisdiction upon any dispute related to the interpretation and/or execution of this contract.