General terms and conditions of sale
online purchase on the website www.christianeperrochon.com
The offer and sale of the items through the website www.christianeperrochon.com “Showcase” are settled by these general terms and conditions of sale.
Before submitting the purchase order, the buyer is committed to carefully read these general terms and conditions of sale. By submitting the order’s form the buyer declares the complete acknowledge and express acceptance of these general terms and conditions of sale.
If the general terms and conditions of sale will be changed, the purchase order will be settled by the general terms and conditions of sale published on the website www.christianeperrochon.com at the moment of the submission of the order’s form by the buyer.
The buyer expressly declares that the purchase is unrelated to his commercial or professional activity.
1.1) Contract: the buy and selling contract concerning the seller’s movable tangible property entered into between the seller and the buyer as part of a distance selling system through telematic instruments, organized by the seller and settled by these general terms and conditions of sale.
1.2) Buyer: the consumer natural person who purchases the seller’s movable tangible property subject matter of this contract for purposes unrelated to his commercial or professional activity.
1.3) Seller: the individual stated at article 2.
1.4) Items: the movable tangible property stated at article 3.
1.5) Site: the internet website www.christianeperrochon.com
1.6) Atelier: the Seller’s artisan laboratory where Christiane Perrochon and her assistants work.
2.1) The items are sold by the Christiane Perrochon s.r.l., with registered office in Bucine, (AR), località Castiglion Alberti 53, registered to the Chamber of Commerce of Arezzo with number REA AR-150418, fiscal code e vat number 01938980511, telephone +390559910320, fax +390559910321, email email@example.com.
3) Contract subject matter
3.1) Through this contract the Seller sells and the Buyer purchases on distance through telematic instruments the items realized by the artist Christiane Perrochon and commercialized online by the Seller through the Site.
3.2) The items are described at page www.christianeperrochon.com/ADDE and in the general description www.christianeperrochon.com/ADDE, that, both, must be considered integral part of these General conditions and terms of sale.
3.4) All the items are handcrafted by Christiane Perrochon and her assistants with the techniques described in Section ADDE of the Site. Due to the totally handcrafted production, both in terms of shaping and glazing, there can be slight differences between one item and another and the measurements indicated in the site are only approximate; such slight difference do not represent flaws, but special characteristics of the item.
3.5) When the purchase concerns a batch of more item with the same shape and glaze, the possible differences within the objects will be pointed out in the relevant description. By filling in and submitting the order’s form the buyer declares the complete acknowledge and express acceptance of the differences between the items pointed out in the relevant description.
3.6) Possible minor aesthetic flaws, not affecting the item’s usability and the buyer’s safety and due to the handcrafting techniques described in the Site at page ADDE, are pointed out in the relevant description. By filling in and submitting the order’s form the buyer declares the complete acknowledge and express acceptance of the item’s aesthetic flaw pointed out in the relevant description.
4) Enter into force and effectiveness of the contract
4.1) The contract enters into force exclusively through access to the “Showcase” of the Site.
4.2) The contract will enter into force with the purchase approval expressed by submitting the order’s form, filled in all its sections, the approval of these general conditions and terms of sale and the submission by the seller’s of the order’s confirmation settled at point 4.3).
4.3) The seller will confirm the order receiving by sending a confirmation e-mail (order’s confirmation) to the address indicated by the buyer in the order’s form. In the e-mail the seller will summarize the items ordered, the price, the shipping fees (if not included in the price), the delivery address and the order’s number.
4.4) The buyer commits itself to verify the accuracy of the information included in the order’s confirmation and to inform the seller of possible inaccuracies at the e-mail address firstname.lastname@example.org within 24 (twenty-four) hours. Lacking a prompt notice, the information included in the order’s confirmation will be considered correct and the buyer will be subject to additional charges charged in case of later changes.
4.5) The contract does not come into force and has no effect between the parties in lack of what stated at points 4.1), 4.2) e 4.3) of this article.
5) Buyer’s commitments
5.1) The buyer commits itself to pay the item’s price with times and procedures stated at following article 6.
5.2) After concluding the online purchase procedure, the buyer commits itself to print and keep a copy of these general terms and conditions of sale together with a copy of the order’s confirmation.
6) Procedure for payment and invoicing
6.1) The payment by the buyer can be done only online, with a credit card and following the procedures indicated on the Site.
6.2) Contextually to the submission of the order’s confirmation, the amount of the price of the purchased items and of the shipping fees (if not included in the price) will be charged on the credit card indicated in order’s form.
6.3) The seller will issue the invoice for the purchased item within 7 (seven) days from the order’s confirmation. The invoice will be issued using the information indicated by the buyer in the order’s form. No change of the information will be possible after that the invoice has been issued.
7.1) The selling price of the items displayed in the “Showcase” of the Site are indicated in Euro and they must be consider an offer to the public under article 1336 of the Civil code.
7.2) The selling price provided for the previous point is comprehensive of VAT, if due, and of any other possible tax or levy due according to the Italian Law.
7.3) Other possible obligation in case of trading in foreign countries other than Italy (for example, custom fees), if due, are not included in the selling price and they are at the buyer’s expense.
7.4) The selling price of the item is periodically updated. To the purchase applies the price indicated by the seller on the Site at the moment the buyer submits the order’s form.
8) Procedure, times and fees for shipping
8.1) The items will be shipped to the address indicated in the order’s form using an international or national shipping company chosen by the seller.
8.2) The seller commits itself to deliver the items to the shipping company within 30 (thirty) days from the date of the order’s confirmation.
8.3) If the order’s form is filled in and submitted during the Atelier’s closing period, the order processing will resume on the first useful working day subsequent to the reopening. The buyer will be informed about the Atelier’s closure and the reopening day with the order’s confirmation and he will be able to cancel the order within the time limit provided for art. 4.4) without additional costs. The seller commits itself to deliver the items to the shipping company within 30 (thirty) days from the reopening day indicated in the order’s confirmation. The different shipping times of the items are considered expressly accepted if the buyer does not cancel the order within the time limit provided for art. 4.4).
8.4) The items delivery time by the shipping company varies according to the place of delivery, as pointed out at page ADDE of the Site.
8.5) Shipping fees are entirely at the buyer’s expenses and they are displayed at page ADDE of the Site and pointed out both in the order’s form and in the order’s confirmation. 8.6) The filling in and submission of the order’s form entails acknowledge and express acceptance of the shipping fees.
8.7) Items are packed by the seller using material that guarantees suitable stability and protection during transport, as displayed at page ADDE of the Site.
8.8) The seller will inform the buyer when the parcel is delivered to the shipping company by an e-mail sent to the address pointed out in the order’s form.
8.9) The seller is not responsible for possible additional shipping fees due to the wrong, inexact or incomplete pointing out of the delivery address in the order’s form or to the absence of the buyer (or other person suitable to collect the parcel) at the moment of the delivery by the shipping company. If one of these events occurs, the additional cost possibly applied by the shipping company is at the buyer’s expenses and it must be directly paid by the buyer to the shipping company; otherwise the additional fee will be charged by the seller on the buyer’s credit card indicated in the order’s form.
8.10) When the parcel containing the items is delivered by the shipping company, before signing the delivery receipt, the buyer is committed to verify the packaging integrity and the lack of any sign of damages. In case of signs of damages, the buyer is committed to accept the delivery with a “reservation”, pointing out and listing the damages identified. Accepting the delivery without a “reservation” entails express acknolewdge of the delivery regularity and of the lack of any damages to the items caused by the shipping.
8.11) However, within 24 (twenty-four) hours from the delivery, the buyer is committed to inform the seller of possible damages, by sending an email to the email address email@example.com. Lack of a prompt information represents express acknowledge of the absence of damages to the delivered items.
9.1) The shipping of the items purchased on the Site is covered by an insurance policy, undersigned by the seller in behalf of the buyer; the cost of this insurance is included in the price provided for article 7.
9.2) Terms and conditions of the insurance policy are indicated at page ADDE of the Site; by filling in and submitting the order’s form the buyer declares to completely understand and expressly accept those terms and conditions.
9.3) The buyer is committed to fulfill the terms and condition of the insurance policy and to give the insurance company all the necessary assistance for the positive outcome of the compensation procedure.
10) Right of withdrawal
10.1) In any case, the buyer is entitled to withdraw from the contract without detailing the reasons and without any penalty. Withdrawal right must be exercised within 14 (fourteen) working days accruing form the items delivery date.
10.2) Willpower to exercise the withdrawal right must be communicated to the seller by e-mail at the address firstname.lastname@example.org and confirmed by certified mail to the seller within the following 48 (forty-eight) hours. The respect of the time limit will be attested by the postmark on the receipt given by the post office to the buyer.
10.3) The items must be returned by the buyer within 30 (thirty) days accruing from the items delivery date. The buyer is committed to inform the seller about the date of the parcel delivery to the shipping company by an e-mail at the address email@example.com. Delivery to the seller must take place at the address indicated at article 2 during the Atelier’s opening hours pointed out at page ADDE of the Site.
10.4) The contract will be terminated when the seller receives the certified mail confirming the buyer’s willower to exercise the withdrawal right. The parties will be relieved from their mutual duties, except from what provided under the following point of this article.
10.5) To be entitled to the price reimbursement, it is necessary that the items are returned whole and in perfect conditions to the seller. If, for any reasons, the items turn out to be damaged and/or show sign of use, the buyer will not be entitled to the price reimbursement.
10.6) The buyer is committed to pack the parcel with the same criteria and materials used by the seller and described at page ADDE of Site. The seller reserves his own right to refuse the parcel that do not respect the above mentioned packing conditions.
10.8) Returning shipping fees are at the buyer’s expense.
10.9) In the event of purchasing different items belonging to a single lot (having an unitary code), withdrawal right can be exercised only for all the items.
11.1) Any possible reimbursement will be done by a credit entry on the credit card used for the purchase of the amount of price paid by the buyer, deducted the shipping fees.
11.2) Reimbursement will take place within 10 (ten) days from the return of the items to the seller.
12) Responsibility from flaws: damage’s proof and reimbursable damages.
12.1) Under articles 114 and following of the Consumption code, the seller is responsible for damages caused by flaws of the sold item.
12.2) In the event of damages suffered as a consequence of the sold items flaws, the buyer must give written notice to the seller, indicating the item that caused the damage and the date of purchase; furthermore, he must give the seller the possibility to inspect the item, if still existing.
12.3) The seller can’t be found responsible for damages caused by a flawed item if the flaw is due to the compliance of the item to an imperative legal rule or to a binding provision or if at the moment the items was offered for sale the current scientific and technical knowledge didn’t permit to consider the item flawed.
12.4) No reimbursement will be given if the injured party was aware of the item’s flaw and of the risk that originated from it and nevertheless he voluntary subjected himself to it.
12.5) In any case the injured party must prove the flaw, the damage and the causal connection between the flawn and the damage.
12.6) The injured party can request the reimbursement for the damaged caused by death or personal injuries or from the destruction or deterioration of an object other than the flawed object, proved that the object is normally used or consumed for private purposes and principally used by the injured party.
12.7) However, damages to objects stated by article 123 of the Consume code will be reimbursable only if exceeding the amount of 387 (three hundred and thirty-seven) euros.
13) Responsibility restrictions
13.1) In the event that the seller is not able to execute the order within the contract’s time limits, he can’t be found responsible if the breach is consequence of inefficiencies due to a cause of force majeure.
13.2) In the event of an internet disruption or malfunctioning out of the seller’s control, the seller it is not responsable, except in case of malice or severe negligence.
13.3) Furthermore, in the event of non execution of contract due to causes non attributed to the seller, the seller itself won’t be responsible for damages, loss and expenses suffered by the buyer; in such an event, the buyer will be entitled only to the return of the entire price paid and of the possible additional taxes paid.
13.4) The seller is not responsible for contingent fraudulent or illicit use by third parties of the credit card, cheque or other payment methods used for the purchase if he proves he has used all the possible cares given by the best science and experience and according to the ordinary diligence.
13.5) In no case, the buyer will be considered responsible for delays or mistakes in the payment if he proves he has followed the terms and payment times indicated by the seller.
14) Warranties and assistance
14.1) The seller is responsible for any conformity flaw of the item that turns out within two years from the item’s purchase.
14.2) It is made clear that can’t be consider conformity flaws the item’s characteristics described at points 3.4), 3.5) and 3.6) of this contract.
14.3) The buyer decays from any rigth if he doesn’t notice to the seller the conformity flaws within the time limit of 2 (two) months accruing from the date of the flaws discovery.
14.4) In the event of conformity flaws the buyer will be entitled to ask for the termination of the contract.
14.5) The request must be noticed by e-mail at the address firstname.lastname@example.org and confirmed by certified mail at the address indicated at article 2.
14.6) Within 30 (thirty) days from the reception of the certified mail, the seller will notice to the buyer the acceptance or the refuse of the request by sending a dedicated notice at the address indicated in the certified mail mentioned on purpose ad point 14.5). If the seller accepted the request, the notice will indicate the items shipping or return procedures.
14.8) The reimbursement will take place according to what stated in article 11 of these general terms and conditions of sale.
15) Contract annulment
15.1) The buyer’s duties provided for article 5) and the guarantee of the successful conclusion of the payment that the buyer makes with the method provided for article 6), as well as the exact fulfillment to the seller’s duties provide for art. 8), have an essential character; therefore the parties expressly agree that the breach even to one only of those duties will entail the contract annulment under article 1456 of the civil code, without a previous judicial decision, except for the event that the breach is due to fortuitous chance or force majeure.
16) Privacy protection and buyer’s personal information process
16.1) The seller protects the privacy of his clients and guarantees to process the personal information according to the privacy’s rules provided for D.Lgs. 30th of June 2003, n. 196.
16.2) Personal registry and fiscal records obtained by the seller directly and or through third parties are collected and processed in hardcopy or with computer or electronic devices according to the process methods with the purpose of recording the order and initiate the procedures for the execution of this contract and the relevant notices, in addition to the fulfillment of the possible legal commitments, and in order to permit an efficient management of commercial relationships necessary to permit the complete of the service as better as possible (article 24, paragraph 1, letter b), D.Lgs. 196/2003).
16.3) The seller commits itself to process the information given by the buyer with confidentiality and not to disclose them to an-authorized person, nor to use them for purposes different from those according to which they were collected nor to transmit them to third parties. Such information can be displayed only under the request of a judicial authority or of other authorities entitled by the Law.
16.4) Subject to a previous non disclosure agreement, personal information will be transmitted only to persons appointed to the activities necessary for the contract’s execution and only for the accomplishment of that purpose.
16.5) The buyer is entitled to the rigths provided for article 7 of the D.L.vo 196/03 , that is the right to obtain:
a) the information updated or rectified or, if he has a specific interest, completed;
b) the information cancelled or transformed in an anonymous form or, in the event of information processed in breach of the law, blocked, even with regard to those information whose preservation is not necessary for the purposes according to which they were collected or later processed;
c) a statement that the operation mentioned at letters a) and b), comprehensive of it’s subject matter, have been noticed to those whom the information were transmitted or displayed, except in the event that such fulfillment is impossible or requires the use of means manifestly excessive with regard to the protected right.
Furthermore, the person interested is entitled to refuse:
i) for lawful reasons the process of information that concern himself, even if relevant to the purpose of the collection
ii) the process of personal information that concern himself for sending advertisement material or commercial messages or for accomplishing with researches about the marketplace.
16.6) The transmission of its personal information by the buyer is a necessary condition for the correct and prompt execution of this contract. Failing, it won’t be possible to carry out the buyer’s request.
16.7) In any case, the information will be stored for a period of time non superior to the one necessary for the purpose according to which they were collected or later processed. Their removal will be done with safely procedures.
16.8) Appointed to the collection and process of the personal information is the seller, to whom the buyer can send any request at the registered office address.
17) Contract’s filing procedures
17.1) Under article 12 of the D.L.vo 70/03, the seller informs the buyer that any order will be conserved in hardcopy at the seller’s registered office following privacy and security criteria.
18) Notices and complaints
18.1) Written notices to the seller and possible complaints will be evaluated only if they are delivered to the following e-mail address email@example.com.
18.2) The buyer indicates in the order’s form his residence or domicile, telephone number or e-mail address where he prefer to receive notices from the seller.
19) Disputes settlement and competent court
19.1) All disputes arising from this contract will be referred to the Florence conciliation board (Organismo di Conciliazione di Firenze - O.C.F.) and will be settled according to its rules.
19.2) If the parties want institute the ordinary judicial authority, the competent court for the possible disputes relevant to the interpretation or execution of this contract is the First instance court of Arezzo (Tribunale di Arezzo), reserved the enforcement of the binding provisions of D.Lgs. n. 206/2005 concerning the competent court for the buyer’s residence or elective domicile.
20) Enforcable law
20.1) The contract is ruled by the Italian Law.
20.2) According to article 60 of the D.L.vo 206/05, it expressly recalled the provisions of Part I, Headline III, Chapter I of the D.L.vo 206/05.
Under and for the effect of article 1341-1342 of the civil code the buyer expressly declares to acknowledge and specifically approves articles 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19 e 20.