Terms and conditions of use
Terms and conditions of use
Access to and use of "Art Dealer" are regulated by these General Terms and Conditions of Use. Access to said sites and their use, like the purchase of products presented there, presuppose the reading, awareness and acceptance of these General Terms and Conditions of Use.
Modifications to the Terms and Conditions of Use
The Owner may modify or simply update, in whole or in part, these General Terms and Conditions of Use. The modifications and updates of the General Terms and Conditions of Use will be communicated to the Home Page users as soon as they have been made and will be binding from the moment of publishing on the website in the above-mentioned section. Access to and use of the site presuppose acceptance by the user of these Terms and Conditions of Use.
Responsibility for use of the site
Access to and use of "Art Dealer", including viewing the web pages, communication with the Owner, the possibility of downloading information regarding the products and the purchase of the same on the website, constitute activities undertaken by the user exclusively for personal use unconnected to any commercial, business or professional activity. The user is personally responsible for his use of "Art Dealer" and the relative contents. The Owner in fact cannot be held responsible for any unlawful use of the site and the contents by any of its users, notwithstanding responsibility for fraud and gross negligence. In particular, the user will be exclusively responsible for communicating incorrect or false information and data, or data regarding third parties who have not given their express consent, or incorrect use of the same.
All material downloaded or otherwise obtained through use of the service is at the user's choice and risk; moreover all responsibility for any damage to computer systems or loss of data resulting from downloading fall to the user and the Owner will be indemnified. The Owner declines all responsibility for any damage arising from inaccessibility of the services on the site or any damage caused by virus, damaged files, errors, omissions, service interruptions, cancellations of the contents, problems connected to the network, to the providers or telephonic and/or telematic connections, unauthorised access, alteration of data, lost and/or faulty functioning of the electronic equipment of the user himself.
The user is responsible for the safe-guarding and correct use of his own personal information, including those credentials that allow access to the restricted services, as well as any damaging consequence or detriment that may arise due to the Owner or third parties following incorrect use of or loss or removal of said information.
Intellectual property rights
The contents of "Art Dealer", for example all works, images, photos, dialogues, music, sounds and videos, documents, designs, figures, logos and all other material, in any format, published on "Art Dealer", including the menus, web pages, graphics, colours, patterns, tools, characters and design of the website, diagrams, layouts, methods, processes, functions and software that make up "Art Dealer", are protected by copyright and by all other intellectual property rights of the Owner and other owners of the rights. All reproduction, in whole or in part, in any form, of "Art Dealer" of its contents, without prior written permission by the Owner is forbidden. The Owner has the exclusive right to authorise or forbid direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of "Art Dealer" and its contents.
Regarding use of "Art Dealer", the user is solely authorised to view the website and its contents and to exclusively carry out any temporary reproduction, free of economic profit, that is considered transitory or accessory, or an integral and essential part of viewing "Art Dealer" and their contents and all other navigation operations on the website that may only be carried out for a legitimate use of the afore-mentioned sites and their contents.
The user is not authorised to reproduce, on any support form, in whole or in part, "Art Dealer" and their contents. Any reproduction must be, each time, authorised by the Owner or, if necessary, the authors of the individual works contained in the website. Said reproduction must in any case be carried out for lawful reasons and within respect of the copyright and the other intellectual property rights of the Owner and the authors of the individual works contained in the website. The authors of the individual works published on "Art Dealer" have the right, in any moment, to claim ownership of their works and to oppose any deformation, mutilation or other modification of the same works including any damage made to the works, which may prejudice their honour or reputation.
The user undertakes to respect the copyright of those who publish their works on "Art Dealer" or who collaborate in any way with "Art Dealer" in the creation of any expressive or artistic form destined for publication, even those not exclusively for the website or that do not form an integral part of it.
Furthermore, the user is not, in any case, authorised to use, in any way or form, the contents of the website or any individual work protected by copyright or any other intellectual property right.
Trademarks and dominion names
All other distinctive signs that countermark the products sold on "Art Dealer" and present on the website are registered trademarks of the respective owners and are used within "Art Dealer" with the sole aim to countermark, describe and advertise the products for sale.
Links to other websites
Anyone is interested in activating links to the Home page and other web pages of "Art Dealer" which can be accessed by the public, is required to contact the Owner at the following email address: firstname.lastname@example.org, asking permission for hypertext link.
The activation of links is allowed by the Owner to the applicant, free of charge and in a non-exclusive way, after inspecting the applicant's requirements.
The Owner has the right to refuse the activation of direct links on his site in the event in which the applicant, wishing to activate links to "Art Dealer", has, in the past, undertaken unfair commercial practices or practices that do not conform to the customs of the sector or rather unfair competition against the Owner, or should the Owner fear that such behaviour may be adopted in the future, or rather in the event that the applicant has adopted or may adopt in the future any action discrediting the Owner, his website or services. In any case, the activation of deep frames and deep links to "Art Dealer" is prohibited, as is the unauthorised use of meta-tags, without the Owner's permission.
The Owner has adopted all measures to prevent publication in the website of any contents that describe or represent scenes or situations of physical or psychological violence or anything that, according to the sensitivity of the users of "Art Dealer" may be considered harmful to civil convictions, human rights and dignity, in all its forms and expressions.
In any case the Owner does not guarantee that the websites contents are appropriate or lawful in other countries, outside of Italy. Moreover, should said contents be considered unlawful or illegal in some other countries, access to the "Art Dealer" websites is not advised and should the user decide to enter despite this, any use he makes of the supplied services will be his exclusive and personal responsibility.
Furthermore, the Owner has adopted every possible precaution in order to guarantee his customers that the contents of "Art Dealer" are accurate and do not contain incorrect or out of date information, with respect to their date of publication on the website and, as far as possible, also subsequently. Moreover the Owner does not accept any responsibility to the users for the accuracy and completeness of the contents published on "Art Dealer", notwithstanding the responsibility for fraud and gross negligence and notwithstanding that otherwise provided for by law.
The Owner, furthermore, cannot guarantee the users that the website works in continuation, without interruption and without error or malfunction caused by the Internet connection. For any problem found while using the website, please contact Customer Services or the following email address: email@example.com
A technician will be available to supply assistance and restore the function of access to the website, wherever possible. Likewise, we advise you contact the Internet service provider or that you verify the correct activation of all systems for Internet connection and access to web contents, including the Internet browser. Though the Owner will do everything possible to ensure continual access to his website, the dynamic nature of the Internet and its contents may cause suspension, interruption or discontinuity in "Art Dealer" caused by the necessity to update the website. The Owner has adopted technical and organisational measures aimed at safeguarding the security of the services on "Art Dealer", the integrity of the data regarding traffic and electronic communications in regards to unauthorised forms of use or knowledge as well as to avoid the risk of leaking, destruction and loss of data and information, both private and public, relating to their users, present on the "Art Dealer" websites or rather of unauthorised or unlawful access, or of the data and information itself.
Applicable law and settling disputes
These General Terms and Conditions of Use are controlled by Italian law. In the event of dispute arising from the General Terms and Conditions of Use between the Owner and any of his final users
The offer and sale of products on “Art Dealer” are regulated by the following General Conditions of Sale. The products purchased on “Art Dealer” are sold directly by Artdealer
Enforceability of these conditions of sale
These General Conditions of Sale exclusively control the offer, dispatch and acceptance of purchase orders of products on “Art Dealer” between users of the above-mentioned site and the Vendor.
The General Conditions of Sale do not control the supply of services or the sale of products by parties other than the Vendor present on “Art Dealer” via links, banners or other hypertext connection. It is the user’s responsibility to check the sales conditions before making orders and purchasing products and services from parties other than the Vendor. Diana is not responsible for the supply of services from third parties other than the Vendor or for the conclusion of electronic commerce operations between the users of “Art Dealer” and third parties.
The Vendor uses the “Art Dealer” websites to offer products for sale and carry out its electronic commerce activities exclusively with their own final users as “consumers”, or rather any physical person not acting for their own commercial, entrepreneurial or professional ends.
Moreover, the Vendor reserves the right to not carry out any orders coming from any parties other than the “consumer” or any orders that do not conform to their commercial policies.
Conclusion of the contract between consumer and Vendor
The available language for concluding the contract with the Vendor is Italian.
No purchase requests from countries other than those indicated can be accepted.
Those consumers who intend to place a purchase order of one or more products on “Art Dealer” must fill in the electronic order form and send it telematically to the Vendor following the relative instructions, in order to complete the purchase contract.
The order form contains a cross-reference to these General Conditions of Sale and the Right to Return Information Report, as well as a summary of the basic characteristics of each product ordered and the relative price (including all taxes applicable), of the accepted methods of payment and the delivery methods of the purchased products, of dispatch and delivery costs, of the conditions for the right to return and the terms for return of the purchased products.
Before proceeding with the purchase by transmitting the order form, the consumer is required to read the General Conditions of Sale and Right to Return Information Report carefully; the user can also print, save or reproduce a copy for personal use.
Before transmitting the order form, the consumer can identify and correct any errors in the data entered.
The prices of the products may be subject to revision. The consumer is obliged to check the final price of each product before sending the relative order form.
The contract is concluded when the Vendor receives, telematically, the order form, and has checked that the data relating to the order is correct.
Once the contract has been concluded, the Vendor will process the purchase order.
The order form will be archived at the Vendor’s data base for the period of time necessary for carrying out the orders and in any case within the terms provided for by law. The consumer may view the orders carried out by accessing his profile and consulting the appropriate section.
The Vendor reserves the right to ignore any purchase orders that are incomplete or incorrect, whose solvability is not sufficiently guaranteed or if the products are not available. In these cases, the Vendor will send the consumer an email informing him that the contract is not concluded and that the Vendor has not carried out the purchase order, explaining the reasons.
Should the products presented on “Art Dealer” no longer be available or on sale at the moment of the most recent access to the site or when the order form is sent, it is down to the Vendor to communicate said unavailability of the products ordered to the consumer, in a timely fashion and in any case within 14 days from the day after the order was sent to the Vendor. Should the order have been sent and payment made, the Vendor will undertake to refund the relative amount, without obligation for any kind of compensation.
Once the contract is concluded, the Vendor will send the consumer a receipt for the purchase order via email, including the information already contained in the order form (cross-reference to the General Conditions of Sale and Right to Return Information Report, the information relating to the product’s basic characteristics and the detailed price, payment methods, right to return and delivery costs).
Characteristics of the goods on sale
The basic characteristics of the products presented on “Art Dealer” are available in the detailed summary of each product. However, the images and colours of the products on sale may vary to the real ones due to the Internet browser and monitor used.
All products come with an identity tag attached with a single-use seal. To make use of the right to return said tag and seal must be completely attached.
The Vendor, in the case of return, has the right to refuse the return of those products that no longer have the tag or which have been changed in their basic and qualitative characteristics or which have been damaged.
Payment methods for the products purchased and the relative dispatch and delivery fees are indicated in the order form and make up an integral part of these Conditions of Sale.
Should payment be made by credit card, the financial information (for example, the credit/debit card number or expiry date) will be cryptographically forwarded to Stripe who supply the relative remote electronic payment services, without third parties being able to access said information in any way. Furthermore, said information will not be used by the Vendor except for completing the procedures relating to the purchase for which they have been given and to issue the relative refund should the products be returned – following the execution of the right to return – or should it be necessary to prevent or inform the police of fraud on “Art Dealer”. The amount for the purchase of the products and the delivery fees, as indicated in the order form, will be debited at the moment of purchase.
Dispatch and delivery of the products
Products ordered on “Art Dealer” will be dispatched with express courier: the consumer can decide which at the checkout.
The consumer must choose his preferred method while filling in the order form.
Delivery times are calculated based on working days and do not include Bank holidays.
Select your delivery country from the "Shipping" menu.
You can complete the order process only if it will be shipped in one of the countries listed in the delivery country menu.
If your delivery country is not listed, you can not complete the order process because we don’t ship to your country.
If you change the shipping country during the order process your shopping cart is automatically emptied.
Only for Italy, this web site is not allowed to sell and ship to Livigno, Campione d’Italia, S. Marino and Vatican City.
Right to return
The consumer has the right to withdraw from the contract concluded with the Vendor, without penalty and without giving a reason, within 14 working days from the day of receiving the products purchased on “Art Dealer”.
An item cannot be exchanged for another one; to change an item you must fill out a new order.
To withdraw from the contract the consumer must proceed as follows:
via the “Art Dealer” site, access the section relating to completed orders and fill out the Return Form, sending it telematically to the Vendor, ensuring that all conditions provided for in point 6.6 have been respected;
return the products to the Vendor giving them to the courier for delivery, according to the methods indicated in the following paragraphs, within 14 working days from receiving the goods;
wait for the Vendor to confirm acceptance of the return and send the subsequent refund.
The fees for returning purchased goods are at the purchaser’s expense.
The Right to Return, - as well as respect of the terms and methods described in the previous points – is considered correctly followed when the following conditions are also completely met:
the Return Form must be completely filled out and sent to the Vendor within 14 working days of receiving the products;
the products must not have been used, worn, washed or damaged;
the identity tag must still be attached to the products with the single-use seal that is an integral part of the product;
the products must be returned in their original packaging;
the returned products must be handed over to the carrier within 14 working days from receiving the products.
If the Right to Return is carried out following the indicated methods and terms, the Vendor will undertake to refund any payments already received for the purchase of the products according to the methods and terms expected.
The amounts will be refunded as soon as possible; in any case, within thirty (30) days from the date in which the Vendor receives the goods in his warehouses, he will undertake to activate the refund procedure, once he has checked the return procedure has been correctly carried out.
Should the methods and terms for the right to return not be respected, as specified in this paragraph, the Consumer will have no right to refund of any amount already paid to the Vendor; he can, however and at his own expense, request the return of the products in the state in which they have been returned to the Vendor. Otherwise, the Vendor may keep the products, as well as the amounts already paid for the purchase of the same.
Refund times and methods
After returning the products, the Vendor will undertake all inspections necessary to verify that the said products conform to the terms and conditions indicated in paragraph 6. Should these inspections have a positive result, the Vendor will undertake to send the Consumer an email confirming acceptance of the returned products.
Whatever payment method the Consumer used, the refund is activated by the Vendor, in the shortest time possible and in any case within thirty (30) days from the date in which the Vendor receives the goods in his storehouses, following inspection that the relative procedure has been carried out correctly and acceptance of the returned goods.
Should the person receiving the products indicated in the order form be different to that who paid for the purchase of said products, the refund of the amount paid, in the event of the right to return, will be made by the Vendor to he who made the payment.
The value date of the credit is the same as that of debit; therefore no loss will be suffered in terms of bank interests.
The General Conditions of Use, furthermore, contain important information on the processing of personal data of the users and on the security measures adopted.
Applicable law and settling disputes
The General Conditions of Sale are controlled by the Italian Law and in particular by Legislative Decree nr. 206 of 6th September 2005, on the Consumers’ Code, with specific reference made to the regulation in the matter of remote contracts and by Legislative Decree nr. 70 of 9th April 2003 regarding certain aspects concerning electronic commerce.
In the case of dispute between the Vendor and each final user, arising from the General Conditions of Sale
Modification and updating
The General Conditions of Sale may be modified, also in consideration of any changes in the law. The new General Conditions of Sale will have effect from the date of publication on the site.
The Consumer can request any information from our assistance services: please contact Customer Services.
You can also contact the Vendor via email at the following email address: firstname.lastname@example.org
Information notice as per Art. 13 Law Decree 196/2003
Data holders & Collection of users'personal details
The retrieval of personal details from the user within the "Art Dealer" website might be necessary in order to achieve the purposes specified in the proper information notice or it might be optional. The compulsory or optional nature of the detail is specified from time to time – with reference to the single information requests – with the act of the single collection of data. In the event that information is not given within the compulsory fields, it makes it impossible to achieve the principal scope of the specific collection and it might also prevent the company from completing the purchase or using additional services such as sending newsletters.
The retrieval of further data, different from those marked as compulsory, does not imply any consequences
According to article 7 of law decree 196/2003, the user is entitled to obtain a confirmation from Art Dealer that his/her personal details have been processed, even if they are not yet recorded, as well as to receive their update.
Furthermore, the user is entitled to obtain information from Art Dealer concerning the origin of his/her personal details, the purposes for which they are collected the methods they are processed as well as which information technology means are used to process his/her data, the details of the holders of his/her data and of the persons responsible for processing the information; information relevant to the subjects or categories of subjects that may obtain the data, or which may know the data because they are, for example, the persons in charge of processing.
the update, correction and integration of personal details;
cancellation, transformation into anonymous form of his/her personal data as well as to stop the processing of his/her data if it breaches the law, including data that don't need to be kept for the purposes they are collected for and later processed;
the proof that the operations and contents described within items a) and b) have also been communicated to third parties provided that this communication does not imply the use of means that are of proportion to the protected right.
For legitimate reasons, the user can oppose himself/herself partially or totally to:
the processing of his/her personal details, despite bring relevant to the purposes they are collected for;
the processing of his/her personal data with the purpose of sending advertising or marketing materials or for the completion of marketing research.
To exert the above-mentioned rights, the user may send a proper request to Diana, as the society in charge of the validation of the concerned person's rights by means of:
fax: 049 810970.
To process personal data only for the purposes and with the methods described within the information notice shown at the moment the data is collected;
To use data for further purposes in addition to those purposes that the data was collected for only if the user provides his/her specific consent;
To provide third parties with the data only to carry out the required service and only if a person responsible for processing the data has been appointed. Not communicating, assigning or transferring data to third parties without informing the user prior and having obtained his/her consent;
To fulfill the requests for any cancellation, modification and integration of the provided data as well as not to use personal data to send any type of advertising without the user's consent;
To ensure a correct and legal management of data protecting the users' privacy as well as to apply the proper safety measures to protect confidentiality, integrity and availability of retrieved data.
Scopes of the processing
Personal details are processed to provide the services available after entering the "Art Dealer" website. The services are as follows:
logging-in to the website to use the relevant services;
using further specific services, such as the creation of your Wish List;
executing orders and relevant activities;
managing the user's requests, such as technical and commercial questions, status of the order and any inquiries;
contacting Customer Service;
For marketing purposes (receiving newsletters, new products, promotions).
The specific purposes for which the data is processed are summarized within the information notice as per art. 13, law decree 196/2003, which is displayed to the user when his/her personal details are retrieved.
In some cases, as clearly stated in the Information Report, the data may be subjected – following express prior permission – to processing aimed at creating profiles based on the user's preferences and purchases, in order to send him information regarding his needs and interests.
Notwithstanding that provided for in article 130, comma 4, Legislative Decree 196/2003, which allows the owner to use the data for sending publicity emails regarding their products and services, similar to that already purchased, unless said use has been specifically forbidden.
The user's data will be communicated to third parties only following his express permission, except in cases in which said communication is obliged by law or is necessary for purposes required by law for which direct permission of the interested party is not required; in these cases, the data may be made available to third parties who will process them independently and solely for the above-mentioned purposes (for example, in the case of request made by the police or tribunal or other competent organisations or for carrying out obligations deriving from the closed contract, as is the case in communication to Globalcollect for the payments of the purchased products).
Any purpose other than the specific one for which the personal data has been supplied will be highlighted in the information report and pursued by Art Dealer only after permission has been acquired from the user.
Hypothetical exclusion of permission
In compliance with Legislative Decree 196/2003, Art Dealer can process the user's personal data without asking his permission when this is necessary to carry out an obligation of the law or when it is necessary for carrying out those obligations taken on by the contract.
Personal data of third parties
Should Art Dealer have to process the personal data of third parties communicated directly by one of their users (for example, in the event that the user purchase a product to deliver to a different person or when the personal paying for the purchase of the product is different to the person receiving the product, or even when the user intends to recommend the "Art Dealer" website to a friend), they will supply said third party with the information report provided for by article 13 of Legislative Decree 196/2003 at the moment in which his data is registered in their archives; it is the user's responsibility however, to get permission to use said third party's information before giving it. All responsibility for the communication of information and data of third parties without said parties' permission or for any incorrect or unlawful use of the same is solely of the user. Permission is not necessary only when said data is communicated to Art Dealer in order to conclude a contract in favour of third parties.
Our websites uses automated systems of collecting data that hasn't been directly released by the user.
The cookie is a device transmitted to the user's hard disk; it does not include comprehensible information but it allows to associate the user's personal information released from him on the website. The cookies are located on our server and nobody can access the information inside it.
The site handles the information collected through the cookies only in anonymous and aggregated form to optimize its services in relation to the specific needs and preferences of its users. For example, we've arranged the cookies in relation to the browsing functions of the catalog, the online purchase of the products and the supply of services on your account.
The browser allows to delete the cookies after every session. The browser holds the instructions on how to operate these deleting procedures that you have to consult.
Moreover, Art Dealer cannot guarantee their users that the measures adopted for the security of the site and the transmission of data and information on the site limit or exclude any risk of unpermitted access or the distribution of data by devices pertinent to the user. It is always a good idea for the user's computer to be equipped with software that protects the transmission of data on the web, both entering and exiting and that his Internet provider adopts suitable measures for internet data transmission security.
Links to other websites
The "Art Dealer" website contains links to other sites that may have no connection to Art Dealer and/or ; the owners do not control or monitor said websites and their contents. The owners cannot be held responsible for the contents of these sites and the regulations adopted by them, also in regards to privacy and processing of the user's personal data during navigation.
For all further information regarding personal data processing, we recommend you visit the website of the Guarantor for the Protection of Personal Data at http://www.garanteprivacy.it.
For further information on the data processing carried out by Art Dealer. please e-mail the costumer care or according to Art. 7 of legislative decree 196/2003, the user may send a proper request to Diana as the society in charge of the validation of the concerned person's rights by means of:
email: email@example.com ;
The Code guarantees that personal data processing is carried out in respect of the fundamental rights and liberties, as well as the dignity of the interested party, with particular reference to the confidentiality, personal identity and right to the protection of personal data.
Information note as per ART. 13 law decree 196/2003 relevant to the user recordin on the web site
Data holders & Collection of users’personal details
The retrieval of personal details from the user within the “Art Dealer” website might be necessary in order to achieve the purposes specified in the proper information notice or it might be optional. The compulsory or optional nature of the detail is specified from time to time – with reference to the single information requests – with the act of the single collection of data. In the event that information is not given within the compulsory fields, it makes it impossible to achieve the principal scope of the specific collection and it might also prevent the company from completing the purchase or using additional services.
The retrieval of further data, different from those marked as compulsory, does not imply any consequences.
Persons in charge of processing personal details
In order to achieve the targets of the “Art Dealer” website, Art Dealer has the right to appoint the persons in charge of processing personal details. To obtain the complete list of those persons in charge of processing personal details, please contact Customer Service.
For the same scope, Art Dealer and Diana authorizes the following categories to process personal details: persons in charge of the execution of orders, the administration department, customer service, IT and marketing (if consent was provided), IT and management systems of the website and persons in charge of providing services reserved to logged in users.
According to Art. 7 of legislative decree 196/2003, you are entitled, at any moment, to obtain the update, correction and cancellation of your personal details as well as to refuse your personal details are used to send advertising materials, commercial communications or opinion polls by sending an e-mail to firstname.lastname@example.org