General Conditions

Preamble and Effectiveness of the General Conditions

These general terms and conditions of sale (“General Conditions”) govern the distance

Selling of Works of Art (Works of Art) published on the website https://www.guidogalimberti.com/ (Site). The seller of the  Works of Art and owner of the Site is the company Basis s.r.l. a socio unico – Piazzale Giulio Cesare n. 14 – 20145 Milano (Italy) – VAT number 12289550159 – Tel: +39 +39 335 242 105 – email guido@guidogalimberti.com, certified email basis_srl@legalmail.it (Owner).

Provision of Personal Data

For the purchase of the Works of Art published on the Site, Users may be required to provide their personal data, which will be processed as indicated in the Privacy Policy available on this Site.

Sales Proceeds of the Works of Art

The Works of Art published on this Site are for sale. The sales rates, duration, and conditions applicable to the sale of such Works of Art are described below and in the respective sections of this Site.

Description of the Works of Art

Information and main characteristics relating to the Works of Art are available on the Site and include the artist’s name, title, description of the technique, edition and year of creation, as well as formats, printing media, and available finishing types. The visual/photographic representation of the Works of Art on the Site is a digital reproduction of the image of the Work of Artand does not represent a guarantee or a statement of conformity of the Works of Art to the digital image reproduced on the Site. It is understood that the image of the Works of Art is intended solely to present them for sale in an indicative manner and may not be perfectly representative of their characteristics and quality but may differ in color tones and shades and dimensions, also considering that the reproduction of the image and its quality also depend on the device used by the User to consult the Site. Where available and indicated on the Site, the Owner will deliver along with the sold Work of Art the documentation by hand, relating to the authenticity and archiving of the same. Prices, descriptions, and availability of the Works of Art are subject to change without notice.

Purchase Procedure

Each phase, from the selection of the Work of Art to the submission of the order, is part of the purchase procedure. Before proceeding with the purchase procedure, the User is required to carefully read these General Conditions made available on the Site.

The purchase procedure includes the following steps:

After checking the information visible on the page related to the Work of Art, Users can contact the Owner by filling out the form on the Site or by email to guido@guidogalimberti.com or by phone at +39 335 242 105 in order to obtain confirmation of the availability of the Product, know the price, and receive any useful and necessary information to proceed with the purchase. Following the expression of interest in the purchase by the User, however expressed, the Owner will send to the email address provided by the latter an email containing the description of the Work of Art, the price (including taxes), the methods and terms of payment, the methods and terms of delivery as well as the shipping cost, with indication of the different shipping options available to the User (“proposal”). The User must forward the order by email in response to the email referred to in point 2), indicating the chosen shipping method and the delivery address; such submission (“order”) will entail the acceptance of the general conditions of sale and will determine the conclusion of the contract, giving rise to the User’s obligation to pay the price, taxes, and any additional charges and expenses specified in the email referred to in point 2). Once the order has been forwarded, Users will receive an order confirmation by email containing the summary of the general and particular conditions applicable to the contract (“order confirmation”).

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase procedure and before submitting the order, Users will be duly informed of the price, expressed in Euros, of the Work of Art sold, to be understood as inclusive of all taxes and duties at the rates in force from time to time, as well as of any additional costs (including shipping costs) that will be charged to them. Orders with delivery to countries outside the European Union may be subject to the application of customs duties and taxes in the destination Country. Any additional costs for managing customs clearance, customs duties, and taxes are not included in the price or shipping cost and will be charged separately to the User. In case the User refuses to pay such charges and this prevents the delivery of the Work of Art,  the purchase price will not be refunded and all expenses incurred for shipping, customs clearance, duties, taxes, and return of the Work of Artwill be borne by the User.

Means of Payment

Payment must be made in advance by bank transfer within 3 days from the order confirmation.

Retention of titleUntil the full payment of the purchase price is received by the Owner, the User does not acquire ownership of the ordered Products.

Shipping and Delivery

At the time of sending the Proposal, the Owner will indicate to the User the types of shipping available (by ordinary, express or insured mail, or by express courier and/or insured courier) and their respective times and costs. The Owner will arrange delivery within 7 days from the Order Confirmation. Any subsequent delays in delivery will not be attributable to the Owner in any way. Deliveries are made to the address indicated by the User at the time of the Order. Shipping costs are always borne by the User. The User must check the Work of Art upon delivery, in particular by checking that the number of parcels actually delivered corresponds to that indicated on the transport document and that the packaging of the parcels is intact in every part, not damaged, nor compromised by weather events or otherwise altered. Upon delivery, the User is also required to check the packaging by specifying any anomalies in the delivery form. Once the delivery note is signed, the User cannot raise any objections regarding the external characteristics of what has been delivered.

Failed Delivery

The Owner is in no way responsible for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order. In case the goods are not delivered or collected at the time or within the established period, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures. The costs related to subsequent delivery attempts will also be borne by the User.

User Rights

Right of Withdrawal

Unless one of the exceptions provided for in art. 59 of Legislative Decree 6 September 2005, n. 206 (Consumer Code) applies, Users acting as Consumers, or who, pursuant to art. 3 lett. a), Consumer Code, act for purposes unrelated to any entrepreneurial or professional activity they may carry out, have the right to withdraw from the contract within the period of 14 days, as specified below, for any reason and without the need for justification. Users who do not act as consumers do not have the right of withdrawal. The Consumer User will be liable to the Owner only for the decrease in the value of the goods resulting from handling the goods other than that necessary to establish the nature, characteristics, and functioning of the goods.

Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the Consumer User must send the Owner an unequivocal communication of their intention to withdraw from the contract. For this purpose, the Consumer User can use the withdrawal form type available in the definitions section of this document. However, the Consumer User is free to express their intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the Consumer User must send the withdrawal declaration before the withdrawal period expires. The withdrawal period expires: In the case of the purchase of goods, after 14 days from the day on which the Consumer User or a third party – other than the carrier – designated by the Consumer User, takes possession of the goods. In the case of the purchase of multiple goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of multiple lots or pieces delivered separately, after 14 days from the day on which the Consumer User or a third party – other than the carrier – designated by the Consumer User, takes possession of the last of the goods, lots, or pieces.

Effects of Withdrawal

The Owner refunds all payments received, excluding those relating to delivery costs, to Consumer Users who have correctly exercised the right of withdrawal. The refund will be made without undue delay and in any case within 14 days from the day on which the Owner is informed of the Consumer User’s decision to withdraw from the contract, and, in any case, subject to the timely return of the goods. Unless otherwise agreed with the Consumer User, the refund will be made using the same payment method used for the initial transaction. The Consumer User is required to return the goods to the Owner or to another person authorized by the Owner to receive them without undue delay and in any case within 14 days from the day on which they communicated their intention to withdraw from the contract. The deadline is met if the goods are returned to the carrier or to another authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the Consumer User provides evidence of having returned them, and it may be refused if the goods are not returned promptly, or if they are returned damaged, incomplete, or in conditions different from those in which they were delivered. The Consumer User is liable for any decrease in the value of the goods resulting from handling of the goods other than that necessary to establish their nature, characteristics, and functioning. The return shipping costs are borne by the User.

Warranties

Legal Warranty of Conformity of the Product under EU Law

In case of lack of conformity of the Products sold by the Owner:

if the Customer is a consumer, the sale of the Products is subject to the legal warranties provided for by articles 135-bis, 135-ter, and 135-quater of the Consumer Code. In this case, the Customer has the right, at their choice and provided that the type of Work of Art allows it, to restore, at no cost, the conformity of the Work of Art by repair or replacement, or to an adequate reduction of the price or to the termination of the contract; if the Customer is not a consumer and/or requests an invoice with VAT number, they forfeit the warranty for defects if they do not report the lack of conformity to the owner within 8 (eight) days from the date on which they discovered the defect and in any case not later than 14 (fourteen) days from delivery by registered letter with acknowledgment of receipt or certified email addressed to the owner at the addresses indicated above. in any case, the lack of conformity must be reported by sending photos of the alleged defect and/or any damage to the package.

Limitation of Liability

The Owner declines all liability for direct or indirect damages of any kind, in any form they may manifest, resulting from the use of the Site and/or the information, photos, and information contained therein, and for events subsequent to the delivery of the Products to the carrier, as well as resulting from improper use and/or storage of the works. Except in case of fraud or gross negligence, the Owner’s liability for each sale governed by these Terms shall in no case exceed the price paid by the Customer. No liability and/or obligation to indemnify may arise from the failure to accept and process, even partially, an order.

Indemnity

The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand owners, partners, and employees to the extent permitted by law for any claim or demand – including, without limitation, legal fees and expenses – brought by third parties due to or in connection with breaches of these Terms, third-party rights, or law, committed in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, brand owners, partners, and employees, as negligence.

Common Provisions

No Implicit Waiver

The failure to exercise legal rights or claims arising from these Terms by the Owner does not constitute a waiver of such rights. No waiver can be considered final with respect to a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or for any other modification, giving appropriate notice to Users. To the extent permitted by law, the Owner reserves the right to suspend or completely cease the activity of the Service. In case of cessation of the activity of the Service, the Owner will ensure that Users can extract their Personal Data and information and will respect Users’ rights regarding the continued use of the product and/or compensation, according to legal provisions. Additionally, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure events (e.g., infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Site in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy Policy

Information about the processing of Personal Data is contained in the privacy policy of this Application.

Intellectual Property

Without prejudice to any more specific provision contained in these Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents, and designs related to this Site are exclusively owned by the Owner or its licensors and the respective authors of the Works of Art and are protected under the applicable laws and international treaties on intellectual property.

Amendments

These Terms may be subject to amendments over time, due to regulatory changes or changes in the offered services. Users are responsible for regularly reviewing these Terms to stay informed of any changes. The latest updated version of these Terms will be the one published on this Site. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract individuals or any rights and obligations under these Terms, having regard for the legitimate interests of Users.

The provisions relating to the amendment of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

For any further information about these Terms or for any other request, Users can contact the Owner using the contact details provided in the preamble.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Applicable law

The contract of sale between the User and the Owner is considered concluded in Italy and is governed by Italian law.

Venue of jurisdiction

For the resolution of any dispute relating to the interpretation, execution or termination of these Terms or individual sales, if the User is a consumer within the meaning of the Consumer Code the Court of his municipality of residence or domicile will be exclusively competent if located in the Italian territory, while in all other cases the territorial competence is exclusively that of the Court of Milan, Italy.

Definitions and legal references

Site

The website https://www.guidogalimberti.com