Terms of Sale
For the purposes of this Agreement, the terms listed below have the meanings hereinafter indicated:
- Customer: the subject (natural or legal person) registered on Fp Art’s website, who accepts these conditions of sale. This subject can act as a consumer (in case he/she is a natural person acting for purposes which are outside his trade, business, craft or profession) or a trader (in case it is a natural or legal person acting for purposes relating to his trade, business, craft or profession);
- Seller or Fp Art: Fp Art S.r.l., VAT number IT01980390999 based in Via Ceccardi 3/5 16121 Genoa (GE) Italy;
- Work: the Work exhibited on the website, for which the Customer makes his purchase order to Fp Art and which is the object of the sale. The Work object of the sale consists only of the physical object: it does not include any copyright on the work, provided by copyright Law n. 633/1941 (moral and economic rights).
- Website: the website www.fpartonline.com on which the Works are exhibited.
II. Object of these general conditions
1. These general conditions of sale govern the terms and conditions under which the contract for the sale of the Work by the Customer is stipulated and regulated through Fp Art Website.
2. If the Customer is a consumer, in addition to the specific provisions of these terms and conditions provided for the consumer such as the withdrawal right, these general conditions are integrated by the mandatory provisions of the D.Lgs. 06.09.2005 n. 206, with particular reference to the provisions relating to distance contracts. Information concerning Le informazioni relative ai diritti dei consumatori sono fornite in conformità alle disposizioni di cui agli artt. 45 e seguenti del D. Lgs. 6 settembre 2005 n. 206.
III. Conclusion of the contract and Fp ART right of withdrawal
1. By sending the purchase request form on the Website, the Customer formulates a purchase proposal to Fp ART and pays the price, declaring that he has read and accepted this general terms and conditions of sales and all the information and notices provided in the Website during the procedure for submitting the purchase request.
2. When Fp Art receives the purchase request, it checks the availability of the Work. Even if Fp Art constantly updates the Website, it may happen that the Work is not available. In such a case, Fp Art shall inform within 5 days the Client and withdraw from the contract: Fp Art shall reimburse the price paid by the Client within the following 5 working days, without any further claim or damage for the Client.
IV. Object of the sale
1. The object of the sale is the Work purchased on the Website by the Customer. The Work is identified and described in the Work information sheet on the Website and identified in the purchase order, which is integral part of the sales contract. The state and conditions of the Work are indicated in the Work information sheet. The Customer accepts the Work in the state and in the conditions described in the Work information sheet. The Work shall include a certificate or a declaration attesting the authenticity or the possible attribution and origin, which will be delivered with the Work according to art. 64 of legislative decree n. 42 of January 22, 2004 (“Code of Cultural Heritage”).
2. The object of the sale is exclusively the Work as physical object, identified on the Website and delivered to the Customer. The Customer is aware that the Work is protected by copyright and that the physical ownership of the Work does not allow him to dispose and perform any activity on the same Work, since the copyright on the Work is reserved to the author and his successors. In particular, with the purchase of the Work, the Customer does not acquire the copyright, moral and economic rights, of the Work, in accordance with national and international provisions on copyright, in particular under the law n. 633/1941, save the right to temporarily exhibit the Work to the presence of the public (e.g. in exhibitions, museums). The author and his successors remain the exclusive owners of the copyright - moral and economic rights - on the Work. Therefore, for instance, the Customer undertakes not to alter, modify or cause any damage to the Work, in a way to harm the author’s reputation or honor. The Customer is not authorized to reproduce or duplicate the Work, market reproductions of any kind of the Work, reproduce and communicate it to the public via internet, in any format and any medium, analogic or digital, being these activities reserved to the author of the Work and his successors. To this purpose, according to the applicable laws on copyright, the Customer is aware that the author of the Work and/or his successors have the right to ask the Customer to make temporarily available the Work, in order to be able to exercise their copyrights, such as taking pictures to reproduce it. The author is required to carry out these activities in such a way to cause the minimum interference. In case the Work is sold by the Customer, the Customer undertakes clarify in writing to his assignee that the object of the sale is the physical Work and not the copyright and oblige his assignee to comply with the duties connected to the ownership of the Work.
3. The sale of the Work is made in compliance to legislative decree n. 42 of January 22, 2004 (“Code of Cultural Heritage”). In case the Work has to be delivered outside the Italian territory, the Customer shall comply at its own care and expenses with the possible fulfilments required by applicable laws, and in particular by the Italian Code of Cultural Heritage, with particular regard to the exportation of the Work outside Italy. In any case, Fp Art shall not responsible in case of denial or veto to the exportation of the Work.
V. Price of the Work and methods of payment
1. The price of the Work, net of any applicable VAT, is indicated in the information sheet of the Work and it is also indicated during the procedure for submitting the request for purchase, before the payment of the price. The total price of the sale will include the resale right – if applicable - according to the Italian Copyright Law 633/1941. The resale right is due by the seller, who will make the deductions and payments to the SIAE, if applicable. Under the Law n. 633/1941, art. 150, the resale right is due only if the sale’s price is more than or equal to 3.000,00 Euros. In any case, the resale right cannot exceed 12.500,00 Euros for each Work.
2. The amount of the resale right is:
- 4% on the price of the sale up to 5.000,00 Euros;
- 3% on the price of the sale between 50.000,00 and 200.000,00 Euros;
- 1% on the price of the sale between 200.000,01 and 350.000,00 Euros;
- 0,5% on the price of the sale between 350.000,01 and 500.000,00 Euros;
- 0,25% on the price of the sale over 500.000,00 Euros.
4. The price of the Work indicated on the Website is subject to change in relation to market quotations. For the purchase of the Work, the Customer has to pay the price indicated at the time of sending the purchase request form. By sending the purchase request to the Seller, the Customer is obliged to pay the Work’s price indicated on the purchase request.
5. In the order confirmation e-mail it will be indicated the Work’s price, the shipping price and any taxes that the Customer has to pay for the purchase of the Work.
6. The payment of the price must be made according to the payment methods indicated in the purchase order procedure. The payment methods that can be used are the following:
Credit Card: the Customer can pay with his credit card after the sending of his purchase order. The payment and the transfer of credit card data takes place via a secure payment service, that uses an encrypted protocol.
Paypal: in this case, it will be necessary that the e-mail address of the Customer’s paypal account is identical to the e-mail address indicated at the time of his registration on the Website.
Bank Transfer: the payment takes place via a secure payment service, that uses an encrypted protocol (https).
VI. Shipping and Delivery of the Work – Delivery time
1. At the Customer’s choice, the Work can be collected at Fp Art’s headquarters or delivered to the address indicated by the Customer in the purchase order, upon payment of the price including the shipping costs, indicated in the order procedure.
2. Unless the Customer intends to collect the Work at the Fp Art headquarter, in the purchase order Fp Art indicates the shipping costs and includes them in the price. Fp Art will arrange for the shipment of the Work. Any taxes or customs duties for shipments outside Italy may very from country to country and they have to be paid by the Customer directly to the responsible authorities.
3. In the event that the Customer requests the delivery of the Work to the address indicated, Fp Art will pack the Work and deliver it to a carrier chosen by Fp Art.
4. It is Customer’s responsibility who requests the delivery of the Work outside the Italian country to get the necessary information regarding the costs and formalities required for delivery (e.g. the customs clearance or any declaration concerning the Work) and take care of it. The Customer shall contact Fp Art to provide any information that may be necessary for customs clearance and delivery of the Work. Fp Art is available to issue the declarations necessary for the delivery of the Work, if the Customer requests them. In the event that Fp Art pay any costs related to the shipment, customs clearance or delivery of the Work, the Customer, upon presentation by Fp Art of suitable documentation, will refund them to Fp Art.
5. Delivery time of the Work may vary depending on the place where the Work is at the moment of conclusion of the contract or on the delivery address. Unless otherwise indicated by Fp Art in the order confirmation, the Work will be delivered:
- within 30 working days from the acceptance of the order, if the delivery address is in Italy;
- within 45 working days from the acceptance of the order, if the delivery address is in the European Union country;
- within 60 working days from the acceptance of the order, if the delivery address is outside the European Union territory.
6. If Fp Art does not deliver the Work within the agreed term, the Customer invites Fp Art to make the delivery within an additional term, not less than 15 working days following the expiry of the first term. If Fp Art does not deliver the Work within this additional term, the Customer can request the resolution of the contract and refund of the price, without any further claim or damage.
VII. Reception of the Work – limited guarantee and Fp Art limitation of liability
1. At the time of delivery, before accepting the delivery the Customer must is required to check the integrity of the packaging and the absence of damage or humidity, which could have damaged the integrity of the Work. If the Customer verifies the existence of damaged or wet packaging of the Work, he/she has to refuse delivery.
2. Once the delivery has been accepted, the Customer is required to check the integrity of the Work and verify the correspondence of the Work to the characteristics indicated in the identification sheet. The Customer must also verify the existence of all documentation related to the Work, in particular the certificate of authenticity or origin.
3. Fp Art only undertaking and warranty are to deliver the Work in the state of fact in which it is, with the characteristics indicated in the information sheet at the agreed sale price. Save mandatory legal provisions, in the event of breach of the contract, the liability of Fp Art will be limited to the price of the Work paid by the Customer. 4. In the event of any defect or damage to the Work or discrepancy between the information form and the Work or lack of documentation, the Customer is required to immediately notify Fp Art at the addresses indicated in Article IX of this agreement, within 24 hours from delivery of the Work, in order to allow Fp Art to file a complaint to the insurance. The Customer will be responsible for delays that prejudice the right of Fp Art to activate the insurance. 5. Save the warranty provided by legislative decree n. 206/2005 (“Italian Consumers Code”) in case the Customer is a “consumer”, Fp Art excludes any other warranty on the Work, and in particular warranty for defects according to art. 1490 of Italian Civil Code.
6. In case the Customer is a ”consumer” according to legislative decree n. 206/2005. Italian Consumers Code, the consumer shall enjoy the legal guarantee of conformity and on defects of conformity according to artt. 128 and following of Italian Consumers Code. Such guarantees provide that the seller delivers goods conforming to the sales contract and that the seller shall be liable for any defect of conformity existing at the moment of the delivery of the good, provided that such defect appears within the term of two years from delivery and it is communicated to the seller within two months from the discovery.
7. Fp Art does not undertake any commitment, promise or guarantee on the current or future market value of the Work, its marketability or the possibility of being resold to third parties.
VIII. Customer’s right of withdrawal
1. The Customer operating as a “trader” has no right of withdrawal. The right of withdrawal is applicable exclusively to the Customer acting as a “consumer”.
2. This right of withdrawal is granted pursuant to article 52 of Italian Consumers Code (legislative decree n. 206/2005).
3. Except the case when the Work is created at Customer’s specifications or clearly personalized, the Customer has the right to withdraw from the contract without giving any reason by sending a written communication to Fp Art within and no later than 14 (fourteen) days from which the Customer has acquired physical possession of the Work, at the following terms.
4. In case of withdrawal, the Customer must borne the costs to return the Work to Fp Art. The Work must be returned in the same conditions as it has been delivered to the Customer, with the same packaging it has been delivered.
5. In order to exercise the right of withdrawal and obtain the refund of the price:
- i) the Customer has to send the notice of withdrawal to Fp Art to the e-mail address firstname.lastname@example.org or by letter no later than 14 days from which the Customer has acquired physical possession of the Work; the withdrawal notice can be drafted using the withdrawal form available at the bottom, or making any other unequivocal statement setting out his decision to withdraw from the contract;
- ii) the Customer has to return the Work to Fp Art, at the Customer expense, making it available to Fp Art or its subject in charge without delay and in any case within and no later than 14 (fourteen) days from the day on which he has communicated his decision to withdraw from the contract;
- iii) the Work must not have been used or damaged by the Customer. Therefore, the Work must be returned to Fp Art in the same conditions in which the Customer had received it; by way of example, if the Work sold is a carpet, this carpet must not have been walked on or otherwise used.
7. Fp Art refunds the price using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly indicated another refund method.
8. Reimbursement include the cost of delivery of the Work to the Customer. Fp Art shall not reimburse any additional costs if the Customer has chosen a type of delivery other than the least expensive type of delivery offered by Fp Art.
9. The Customer does not have the right of withdrawal if the Work has been created or customized at his request.
1. All communications relating to the contract will be sent in writing by e-mail or mail to the addresses indicated at the time of registration on the Website, where the Customer elects domicile with reference to this agreement.
2. The communications addressed to Fp Art must be sent to the certified e-mail address (posta elettronica certificata) email@example.com (in case of delivery from a certified e-mail box) or to the e-mail box firstname.lastname@example.org (in case of delivery from an ordinary e-mail box), or to the address Via 5 Maggio, 81 16147 Genoa (GE) Italy (in case of delivery via mail), where the Customer elects his domicile with reference to this agreement.
X. Applicable Law
1. This agreement is governed by Italian law.
XI. Exclusive Jurisdiction
1. If the Customer is a consumer, any dispute between the Parties concerning this agreement shall be devolved to the exclusive jurisdiction of the Judge of the place established by the rules of Italian Consumer Code (D. Lgs. 206/2005).
2. In any other cases, any dispute concerning this agreement shall be devolved to the unique and exclusive jurisdiction of the Court of Genoa.