General Terms and Conditions
1.- Ownership of the portal
The owner of the website www.gigliaacquaviva.com is Giglia Mabel Acquaviva, who is the author and creator of the works. The telephone and WhatsApp customer service number is +39 348 2367282. The e-mail address is: «email@example.com and the postal address is: Via Giulio Rinaldi 71/A -Cave- 00033 (RM) Italy. VAT 15388711002.
The General Terms and Conditions described below define the rights and obligations of the parties. By making a purchase or placing an order for the execution of a work, the parties accept these terms and conditions.
Giglia Mabel Acquaviva, hereinafter referred to as «the author», is the provider of the artistic services. Her paintings are entirely handmade and she is the exclusive recipient and creator of the commissions of the interested party or buyer, hereinafter «the client» or «the collector».
2.- How to place an order
Orders are placed through the website www.gigliaacquaviva.com.
By clicking on the «Validate and pay» button during the process of placing an order, the collector declares that he/she fully and unreservedly accepts all of these General Terms and Conditions.
The prices of the works are expressed in euros. Shipping costs are included in the established price, provided that the destination is a member country of the EU, USA and Canada. For other destinations it will be necessary to quote in each specific case.
When there are specific customs duties, they will be at the exclusive charge of the client.
Payment of the requirements is made by: payment card (credit or debit), PayPal, direct bank transfer (BACS). The payment cards accepted are those of the Visa or Mastercard circuit. The debit period will depend on the rules applied to the method of payment (immediate debit, deferred debit, etc.). In the case of payment by PayPal, the amount of the purchases will be debited from the PayPal account immediately. In the event of a refusal by the bank, the order will be automatically cancelled and the purchaser will be informed by e-mail.
In case of payment by direct bank transfer, the transaction will be completed with the actual crediting of the transferred amount to the author’s bank account.
By accepting these General Terms and Conditions, customers agree to receive the corresponding invoice.
– Methods and place of delivery
The paintings will be sent to the address indicated by the customer during the order process.
All our deliveries are notified to the collector by e-mail and will be made by the delivery means of the carrier.
The delivery time for immediately available works is set at a maximum of ten (10) calendar days from the confirmation of the order, for European Union countries.
The delivery time for non-EU countries where the expatriation documentation for Contemporary Works of Art issued by the Italian Ministry of Cultural Heritage is required, will start from the effective availability of the expatriation documentation by the author, to which 5 working days may be added to those already established.
The deadline for the execution of new works will be determined on a case-by-case basis and will be stated in the information relating to the description of the work, or in the specific agreement between the author and the client.
The works in the catalogue can be produced in other sizes or colours, and other designs proposed by the client can be tackled. Although a work may be recreated, it maintains its unique and exclusive character, since it is made by hand, and is never a faithful copy of the reference model. It will always depend on the express approval of the client, who will previously receive photographs of the finished work, for its acceptance, modification or rejection.
The request for a new work will be made by prior agreement where measures, design, colours, or indication of a reference work from the catalogue are specified, after which the client will pay the total value of the work. If the client does not approve of the new work, the payment will be refunded in full, without the author retaining any cost whatsoever.
– Precautions to be taken by the client at the time of delivery.
The transported works are insured until the moment of delivery, and their packaging meets all the security guarantees for the transport of works of art. However, it is up to the addressee to check that the package is in good condition on receipt and to notice any signs of damage that may have damaged the painting and to inform the carrier immediately. He may even refuse the package if it shows signs of having been opened or if it shows clear signs of deterioration. It must also inform the author of this immediately.
If the products delivered do not conform in nature or quality to those indicated in the order dispatch email, the customer may return the works. He/she may also return the work without justification, within 14 days of receipt.
6.- Legislation and Jurisdiction
These General Terms and Conditions shall be executed and interpreted in accordance with Italian law, to which the parties expressly submit. Any dispute that may arise from their validity, interpretation or execution shall be submitted to the Courts of the author’s place of residence, to which exclusive and express jurisdiction is expressly conferred.
7. RETURN AND WITHDRAWAL
The collector has the right to withdraw from the contract within 14 consecutive days without giving any reason.
The withdrawal period shall expire 14 consecutive days after the customer or a third party designated by the customer, other than the carrier, acquires physical possession of the goods.
To exercise the right of withdrawal, the customer must notify Giglia Acquaviva of his decision to withdraw from the contract by means of an unequivocal declaration, which may be made by registered letter to his address, or by e-mail to: firstname.lastname@example.org. You may use the model withdrawal form below, although its use is not compulsory, and communicate it via the website www.gigliaacquaviva.com.In the event of withdrawal by the customer, all payments made will be refunded. The refund will be made using the same means of payment used in the initial transaction, unless the customer has made other arrangements; in any case, no costs will be incurred as a result of the refund, except those involved in the return transport and packaging costs, if any.
The reimbursement will be made upon receipt of the works at the address indicated by the author.
Return transport and packaging costs shall be borne by the customer.
The customer is obliged to return the goods to GIGLIA ACQUAVIVA at via Giulio Rinaldi 71/A -Cave- Provincia di Roma- Italy, CAP 00033, without undue delay and, in any case, no later than 10 days from the date of communication of the withdrawal from the contract.
The customer shall be responsible for maintaining the quality of the work in a perfect state of conservation, and shall also be responsible for any diminished value resulting from incorrect handling, or handling other than that necessary to preserve its good condition, structure, characteristics and presentation.
In the event that the customer has disposed of the original packaging, or that it cannot be reused in the same conditions, the customer shall be responsible for the purchase of the packaging materials to ship the artwork safely for its return. Once the piece arrives safely at the author’s address, the amount paid will be refunded, and returned to the customer in the original form of payment, in the same currency and using the same exchange rate as your initial order, within 10 working days of its return
Model withdrawal form
[only complete and send this form if you wish to withdraw from the contract].
For the attention of Giglia Acquaviva
Tel: 0039 3482367282
I hereby inform you that I withdraw from the procurement contract no.
The works involved are those listed with codes:
Order placed on:
Received on date: