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Terms and Conditions of Service
GENERAL TERMS AND CONDITIONS OF SALE
1.1 These general terms and conditions govern the contractual relationships between Afnakafna di Antonella Caraceni and its end customers, provided they are individuals acting for purposes other than any entrepreneurial, commercial, artisanal, or professional activities they may carry out. 1.2 This version of the General Conditions refers to sales made to individuals residing either in Italy or abroad. Definitions For the purposes of these General Conditions, the following definitions will apply: (a) “Buyer”: the end customer, who is an individual acting for purposes other than any entrepreneurial, commercial, artisanal, or professional activities they may carry out; (b) “Catalog”: the list of works offered for sale on the website www.afnakafna.com; (c) “Consumer Code”: Legislative Decree no. 206/2005; (d) “General Conditions”: these general sales conditions, as listed on the Website, applicable to the contractual relationship between the Seller and the Buyer; (e) “Distance Contract”: the contract for the sale of Works entered into between the Seller and the Buyer within the framework of a distance selling system that, for that contract, uses exclusively one or more distance communication techniques up to the conclusion of the contract, including the conclusion of the contract itself (e.g. telephone, fax, internet, or email); (f) “E-commerce Regulations”: Legislative Decree no. 70/2003; (g) “Order”: a purchase order for the Works by the Buyer, consisting of the order form and the General Conditions; (h) “Works”: the goods marketed by the Seller and listed in the Catalog; i) “Order Confirmation”: the confirmation of the Order issued by the Seller, containing a summary of some of the information already contained in the order form (i.e. the General Conditions, the essential characteristics of the Work, a detailed indication of the price, payment methods, any delivery costs, the address for filing complaints, information on the right of withdrawal); (l) “Operational Headquarters”: the operational headquarters of the Seller also designated for filing complaints by the Buyer, located at via della Fontana 19 – 00198 Rome (RM) Italy (m) “Website”: the institutional website of the Seller www.afnakafna.com; (n) “Seller”: Afnakafna di Antonella Caraceni, registered with the Rome Chamber of Commerce REA no. RM1545449 - VAT No. IT14782751003 with headquarters at via della Fontana 19 _ 00198 Rome (RM) Italy Conclusion of the contract and acceptance of the general sales conditions 3.1 The distance selling contracts of Works published in the Catalog are considered concluded atmoment when the Order placed by the Buyer reaches the Seller, and the latter accepts it, sending the Order Confirmation. 3.2 The Order can be transmitted to the Seller through the appropriate section of the Site. 3.3 When the Buyer places an order online, they agree to purchase the Works included in the cart at the price and under the terms indicated in these General Conditions. 3.4 The Seller will promptly inform the Buyer of the acceptance of the Order by sending the Order Confirmation. 3.5 The Seller, in particular, may not accept the Order if the chosen Work is no longer available or for any other impediment related to the execution of the Order. 3.6 The offers on the Site are valid until the Works remain published online. The Seller reserves the right to inform the Buyer within 7 (seven) calendar days of the purchase, at the email address associated with their profile, of any unavailability of one or more Works purchased. In the case of purchasing Works no longer available, the Seller will refund the purchase price, using the same payment method used by the Buyer. 3.7 By placing the Order, the Buyer declares to have read and accepted these General Conditions. 3.8 Before placing the Order, the Buyer is required to carefully read these General Conditions. Sending the Order implies their full knowledge and complete acceptance. Purchase method 4.1 The Buyer purchases the Works at the price listed in the catalog or otherwise communicated in writing by email, plus delivery charges. 4.2 Before submitting the Order, the unit cost of each chosen Work, the total cost in case of purchasing multiple Works, and the respective delivery charges are summarized. 4.3 Once the Order is submitted, the Buyer will receive an email notification from the Seller confirming the Order with all the elements of the contract (information concerning the main characteristics of the purchased Work, detailed indication of the price, delivery charges, payment methods) and containing a reference to the General Conditions and information about the right of withdrawal and its exercise, displayed on the Site. 4.4 The obligation to communicate the list of customers and suppliers in case of issuing an invoice, as provided by the applicable laws, requires requesting customers to enter the VAT number (and tax code) in the appropriate fields on the Site. Price of the Works 5.1 The Price of the Work will be published by the Seller in the Catalog, while in some cases it will be communicated upon specific request. Delivery charges will be indicated on the Site as separate items at the time of the order summary.5.2 Prices are in Euro and inclusive of legal VAT. 5.3 The price guaranteed to the Buyer will be the one published on the Website at the time of sending the Order. 5.4 The Seller will have the right, among other things, to modify the prices in force at any time. The prices thus modified will apply to Orders sent by the Buyer after their publication on the Website. 5.5 The Buyer who wishes to proceed with the purchase of the Works must express this intention through the Website, in the section specifically dedicated, where, following the procedures indicated there, will send their Order and make the related payment. 5.6 Payment for the Work is due at the time of the Order. The Buyer undertakes to settle the price of the Work (price of the Work and shipping costs) using the available payment methods. 5.7 In case of non-receipt of payment, the Seller will have the right to cancel the Order. Payment for the Works 6.1 Payment for the Work can be made by one of the following methods: a) credit card b) PayPal® c) bank transfer 6.2 If payment is made by bank transfer, the Work will be shipped in accordance with art. 9 - "Delivery of Works", to the address indicated by the Buyer, once the credit is received. In this case, payment must be made within 5 (five) calendar days from the receipt of the Order Confirmation. Characteristics of the Works 7.1 The characteristics of the Works will be described in the descriptive sheets associated with them in the Catalogue. 7.2 Although it is the Seller's care and interest to provide a photographic representation of the Works as faithful as possible to the Works themselves, this representation may in some cases not fully, accurately or faithfully reproduce the Works (e.g. color definition, visual appearance of the materials used, etc.). Conformity of the Work and certificates 8.1 The Seller will deliver to the Buyer Works conforming to the characteristics illustrated online in the respective descriptive sheets and the sales contract, in accordance with art. 129 of the Consumer Code. 8.2 Each Work will be delivered with its respective certificate of authenticity and certificate of origin. If payment for the Work is not made in a single installment, the Work and the related certificates will be delivered upon payment of the entire purchase price. Delivery of the Works 9.1 Delivery of the Work will be made by the courier appointed by the Seller to the address indicated by the Buyer in the Order, or, if this is not possible, to the nearest point reachable by the courier. Any specific requirements regarding the place of delivery must be communicated to the Seller at the time of the Order. Delivery is considered to be at street level. 9.2 The WorksThey will be insured against the risk of damage and loss during transport operations if the Buyer, at the time of the order, selects the insured delivery option. The Seller shall not be held responsible for delivery errors due to inaccuracies or incompleteness in the completion of the Order by the Buyer.Delivery times of the Artwork within the national territory are approximately between 5 (five) and 15 (fifteen) working days starting from the next working day after the Seller has received payment. From 15 to 30 days if the artwork is on display to the public at the gallery premises for the "Current Exhibition" at the time of purchase. Up to 40 (forty) working days abroad (European Union), depending on the Artwork and the destination. The Seller, following industry standard practices, will do everything reasonably possible to meet the estimated delivery times mentioned above.In the event of non-delivery due to the recipient's absence at the address indicated in the Order, the courier will leave a notice and make a second attempt; if the recipient is still absent, the Artwork will be returned to the Seller, who reserves the right to refund the price of the Artwork, with shipping costs borne by the Buyer.In accordance with article 61 of the Consumer Code, the Seller will fulfill the Order within 30 (thirty) days from the day following the conclusion of the contract.Right of withdrawal: The Buyer shall have the right to withdraw from the sales contract with the Seller, without any penalty and without specifying the reason, within 14 (fourteen) calendar days from the day they received the Artwork. The Buyer may exercise the right of withdrawal by sending a clear statement to the Operational Headquarters: (i) in an analog or digital format (such as a registered letter or an email message); The communication concerning the exercise of the right of withdrawal must indicate (a) the Buyer's details, (b) the Order number and Artwork to which the right of withdrawal is exercised, and (c) the date of receiving the Artwork. If the Buyer chooses to send the communication regarding the exercise of the right of withdrawal by email, the Seller will immediately send a confirmation of its receipt. To meet the withdrawal deadline, it is sufficient for the Buyer to send the communication regarding the right of withdrawal before the withdrawal period expires. The burden of proof regarding the exercise of the right of withdrawal lies with the Buyer. The Buyer who has validly exercised the right of withdrawal will be required to return the Artwork.Seller (at the Operating Headquarters), at their own risk, expense, and care, within 14 solar days from the date on which the Buyer has communicated the exercise of the right of withdrawal (for the purposes of the deadline, the goods will be considered returned when they are delivered to the accepting post office or to the carrier). The Buyer who exercises the right of withdrawal will be required to return the Artwork intact and in its original packaging, including the related documentation. The Order references for which the right of withdrawal is exercised must be indicated on the packaging and on the return documents. The Seller reserves the right to verify the integrity of the returned Artwork and to withhold from the refund any depreciation, also due to damage to the Artwork for reasons other than transport. The only expenses due from the Buyer for exercising the right of withdrawal will be those for returning the goods to the Seller. Alternatively, if the Buyer expressly requests it at the time of communicating the withdrawal, the Seller may arrange for the collection of the Artworks using their own couriers: in this case, the Buyer will make the Artwork available for collection at the place where it was delivered (within the following 14 solar days from the date of the communication regarding the right of withdrawal) and the Seller will be authorized to charge the Buyer for the cost of the related transport. If the right of withdrawal has been exercised by the Buyer in accordance with the provisions of this article, the Seller will refund the amounts paid by the Buyer, except as provided in the preceding articles 10.5 and 10.6. Refund management After the return of the Artwork, the Seller will carry out the necessary checks on the conformity of the same to the conditions and terms indicated in these General Conditions. In case the checks are completed positively, the Seller will send the Buyer (by email) the confirmation of acceptance of the Artwork thus returned. The Seller will have the right not to accept the return of Artworks that have been altered and/or damaged. The refund will be paid by the Seller within 14 days from the date on which the Seller becomes aware of the exercise of the right of withdrawal. The Seller may withhold the refund until the Artworks have been received or until the Buyer has proven to have returned them, depending on which situation occurs first, in accordance with article 56 of the Consumer Code. The amounts will be deemed refunded within the terms if they are actually returned, shipped, or credited with a value not later than the date of expiry of the respective deadline. Resolutive clause In case of non-pPayment, total or partial, of the purchase price of the Work, in the ways and terms agreed upon, the Seller reserves the right to declare the sales contract resolved, pursuant to and for the purposes of Art. 1456 of the Italian Civil Code, by sending a written communication to the Buyer's address. Update of the General Conditions The General Conditions may be updated and/or modified by the Seller at any time, with effect from the date of their publication. Customer service and contract archiving methods 14.1 It will be possible to request any information from the Seller through Customer Service, at the number 0039 351 9772944 or at the email address info@afnakafna.com. 14.2 The Seller will take care to keep a copy of the General Conditions in force at the time of sending the Order and the Order Confirmation. If the Buyer should find errors or inaccuracies in the data provided to the Seller, they must promptly inform Customer Service. Personal data processing The Buyer is invited to consult the information on the processing of personal data, available on the Website. Applicable law and competent court 16.1 These General Conditions are governed by Italian law and, in particular, in relation to Consumers by Legislative Decree no. 206 of September 6, 2005, the Consumer Code, with specific reference to the regulations on distance contracts and Legislative Decree no. 70 of April 9, 2003 on certain aspects concerning electronic commerce. 16.2 Any disputes related to these General Conditions and/or the relationship arising between the Seller and the Buyer, are under the jurisdiction of the court of the place of residence or domicile of the Buyer, if located in Italian territory.
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Afnakafna Gallery by Antonella Caraceni
email: afnakafna@gmail.com
phone: 3519772944
address: via della Fontana 19, 00198 Rome
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