MHF ART GALLERY – ONLINE ART GALLERY
1. Introduction and definitions
This document contains the conditions governing the sale and purchase of works of art published on this website (www.starnone.it, hereinafter the “Site”; hereinafter “Terms and Conditions of Sale”).
The term “Buyer” means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
The term “Seller” means MHF Art Gallery, that is the person who promotes and advertises the sale of works of art on this Site.
Before using this Site, the user is required to carefully consult the Terms and Conditions of use, as well as the information on the protection of personal data and the information on cookies.
Access to and use of this Site, as well as the transmission of an order through it, implies the unequivocal acceptance of the aforementioned Terms and Conditions of Sale, as well as the Terms and Conditions of Use and the Policies regarding the protection of personal data. . Consequently, if users do not agree with one or more provisions contained in the same documents, they are advised not to use this Site.
The publication of the works of art on the Site is managed by MHF Art Gallery, owned by MHF s.r.l.s. with registered office in Legnano, Via Giovanni da Legnano, 22, post code 20025, VAT number 11398300969, e-mail address firstname.lastname@example.org
The relevant contact details can be found in the appropriate “Contacts” section of the Home Page of this Site.
3. Terms and conditions of use of the Site
By using this Site, the user agrees to make use of it that is legitimate and compliant with the law.
In particular, you agree to:
1. use the Site only to carry out legally valid consultations or orders;
2. not to place false or fraudulent orders;
3. to provide us with your contact details (e-mail address, delivery address, etc.) in a truthful and correct manner;
4. to avoid any improper use of this Site as well as the introduction of viruses or other programs or materials that may cause technological damage.
By placing an order through this Site, you declare that you are of legal age (18 years and over) and that you have the legal powers to enter into binding contracts.
4. Procedures for completing the contract
4.1. The contract between the Seller and the Buyer is concluded exclusively through the Internet by accessing the Buyer at www.starnone.it, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of works of art advertised on the Site.
4.2. The information and details contained on this Site do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. There will be no contract with the user in relation to any works until the order has been explicitly accepted by us.
4.3. To place an order, you must follow the online purchase procedure which consists of an online purchase procedure with relative electronic payment of the indicated price.
4.3.1. Online purchase procedure. In the event that the price of the desired work is expressly indicated on the Site, the interested user can proceed with the purchase by clicking on the “add to cart” button. Subsequently, you will receive an e-mail confirming receipt of the order. It is understood that this will not result in the acceptance of the order as it constitutes an offer that you make to us for the purchase of one or more works. All orders will be subject to our approval of which you will be informed by sending an e-mail confirming the order with the contract containing the Terms and Conditions of Sale attached.
5. Conclusion and effectiveness of the contract
5.1. The agreement of the parties will be made by e-mail containing the details of the purchaser and the order, the price of the purchased work as agreed between the parties, the shipping costs (where applicable) and any additional accessory charges (where applicable. ), the methods and terms of payment as agreed between the parties, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal
5.2. In the absence of what is indicated in the previous point, the contract is not considered perfected and effective between the parties.
6. Refusal to process an order
6.1. We reserve the right to remove any work from this Site at any time and / or to delete or modify any material or content therein. Although we will always do our best to process all orders, there may be exceptional circumstances that force us to refuse to process orders after sending the Order Confirmation, and we reserve the right to do so at any time.
6.2. We decline any responsibility towards the user or towards third parties for the removal of any work from this Site, for the elimination or modification of any material or content of the Site, or for the failure to process the order after sending of the Order Confirmation.
7. Availability of works of art
7.1. All orders for works are subject to their availability. We ensure, through the electronic system used, the processing and fulfillment of orders without delay.
7.2. If an order is no longer available for sale or immediate shipment, we will notify, via e-mail, if the work of art is no longer bookable or what are the waiting times to obtain the chosen work, asking if intends to confirm the order or not.
7.3. If payment is made for a work that is no longer available and you do not want to replace it with another work exhibited in our online art gallery, all amounts already paid will be refunded.
8.1. All the selling prices of the works of art are expressed in euros.
8.2. The sales prices, referred to in the previous point, do not include VAT. Shipping costs and any additional charges, if any, although not included in the purchase price, are clearly and unequivocally indicated, where applicable, in the approval and confirmation email of the order by MHF Art Gallery.
9. Methods of payment and reimbursement
9.1.1 The payment of the works whose price is expressly indicated on the Site can be made on the Site itself through the “Add to cart” and “Check out” buttons by means of electronic payment methods. All transactions are secure and encrypted.
9.2. Any reimbursement will be credited to you through one of the methods proposed by us and chosen by you, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 19 of this contract, no later than 14 (fourteen) days from the date on which we became aware of the withdrawal itself.
10. Delivery times and methods
10.1. We will deliver the selected and ordered products, in the manner chosen or otherwise indicated on the Site at the time the goods are offered.
10.2. Shipping times may vary from the day of the order to a maximum of 30 working days from the confirmation of the order. In the event that we will not be able to ship within this deadline but, in any case, within that indicated in the following point, we will promptly notify you by e-mail.
10.3. Shipping methods, times and costs are indicated and clearly highlighted in the order approval email.
10.4. For the purposes referred to in these Terms and Conditions of sale, the “delivery” will be deemed to have taken place or the order “delivered” through the acquisition, by the user or an indicated third party, of the material availability or in any case of control of the ‘work, which will be tested by signing the receipt of the order at the agreed shipping address.
11. Impossibility of delivery
If it is not possible for us to complete the delivery of the order, we will try to find a safe place to leave it. If this is not possible, the order will be sent to our warehouse. In this case, we will leave a notice in which the place where the order is located and how to agree on a new delivery will be specified.
12. Transfer of risk and ownership of the work
The risks related to the purchased work will be borne by the Buyer from the time of their delivery. The user will acquire ownership of the aforementioned work as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in the previous article 10), if this occurs in a second time.
13. Return of defective products
13.1. If, at the time of delivery of the work, the Purchaser believes that the latter does not comply with the provisions of the Contract, he must immediately contact us indicating the work’s details and damage suffered. You will have to return the product to the address indicated in the electronic document that you will receive together with the Shipping Confirmation. We will proceed to carefully examine the returned product and communicate by e-mail, within a reasonable time, whether or not we will proceed with the refund. It should be noted, however, that the nature of the products sold on this online platform, works of art made by hand and with natural products, implies that some characteristics of the same, such as colors or grain, may not be adequately represented by means of images. published on the Site. Therefore, a legitimate variation of the same will not be evaluated as an imperfection and / or defect.
13.2. The refund will be made as soon as possible or, in any case, within 14 days from the date of sending our e-mail with which we will communicate our decision regarding the refund. The amount paid for the works that will be returned due to damage or defect, if they really exist, will be refunded in full, including the delivery costs incurred for sending the work and for returning it. The refund will be made through the payment method used to make the purchase. All rights recognized by current legislation remain unaffected.
14. Limitation of Liability
14.1. We do not assume any responsibility for inefficiencies attributable to force majeure in the event that we are unable to execute the order within the time stipulated in the contract.
14.2. To the extent permitted by current legislation, and unless otherwise provided for in these Terms and Conditions of Sale, we will not accept any liability for indirect damages, such as:
1. loss of profit;
2. loss of business volume;
3. loss of profit or loss of contracts;
4. loss of anticipated savings;
5. data loss;
6. waste of office administration time.
14.3. Due to the open nature of this Site and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through the aforementioned Site, unless expressly stated otherwise. All descriptions of the works, information and materials that appear on the Site are provided “as is” and without explicit or implicit guarantees, except those of the law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that comply with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products comply with the Agreement if i) comply with the description provided by us and possess the qualities presented on this Site, ii) are suitable for the use for which the products are normally intended, iii) show qualities and characteristics that are normal in products of the same type and which can reasonably be expected.
14.4. Within the limits established by law, we exclude all guarantees, except for those that cannot be legitimately excluded from consumers and users. The works of art sold on our Site, especially because they are handmade, have the natural characteristics of the materials used in their creation. Natural characteristics such as grain, surface texture, or color variation should not be construed as imperfections or defects. On the contrary, the lack of uniformity due to hand-making must be anticipated and appreciated. Any variations in color or grain compared to the image shown on our Site must be accepted as a characteristic aspect of the works sold.
14.5. We will not be held responsible, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of our control or that of our subcontractors.
14.6. We are also not responsible for damages, losses and costs incurred as a result of the failure to execute the contract for reasons not attributable to us, as the Buyer is only entitled to a full refund of the price paid and any ancillary charges incurred.
14.7. We assume no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the works of art purchased, if we demonstrate that we have adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
14.8. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment within the time and in the manner indicated by us.
14.9. These provisions do not in any way limit the rights recognized to consumers by current legislation or the rights to terminate the Contract.
15. Force majeure
15.1. We will not be liable in any way for breaches or delays in the performance of any of the obligations under the Agreement caused by events which are beyond our reasonable control (“Force Majeure Events”). Force Majeure Events means any act, event, non-occurrence, omission or accident beyond any reasonable control. By way of example but not limited to, this includes:
1. Strikes, lockouts or other trade union unrest.
2. Riots, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster or maritime, postal or other relevant means of transport accident.
15.2. It is understood that the execution of the obligations under the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, despite pending Force Majeure Events, we will strive to find a solution by which to comply with our contractual obligations.
16. Obligations of the Seller
16.1. Pursuant to art. 114 and ss. of the Consumer Code, the Seller is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. .
16.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase. It must also contain the offer in view of the product, if it still exists.
16.3. Without prejudice to the provisions of the previous articles 12 and 13, the Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the moment in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
16.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
16.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
16.6. The Injured Party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the Injured Party.
16.7. Damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of € 387 (three hundred and eighty-seven euros).
17. Guarantees and methods of assistance
17.1. The Seller is liable for any lack of conformity that occurs within 2 years of delivery of the work of art.
17.2. For the purposes of this contract it is assumed that the works of art comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, by the ‘Artist or his agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller by the latter at the time of the conclusion of the contract and which the Seller has also accepted for conclusive facts.
17.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
17.4. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the work of art already existed on that date, unless this hypothesis is incompatible with the nature of the asset or with the nature of the lack of conformity.
17.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased work of art, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
17.6. The request must be sent in writing, by registered letter with return receipt. to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the method of shipping or returning the work of art as well as the deadline for the return or replacement of the defective work.
17.7. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the work within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the ‘Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Purchaser must send his request to the Seller, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 working days of receipt.
17.8. In the same communication, where the Seller has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods of returning the defective work of art. In such cases it will be the Buyer’s responsibility to indicate how to re-credit the amounts previously paid to the Seller.
18. Obligations of the Buyer
18.1. The Buyer agrees to pay the price of the purchased artwork within the times and methods indicated in the contract, as agreed in the email referred to in point 4.4.
18.2. The Buyer undertakes, once the purchase procedure has been completed, to print and keep this sales contract, which will be sent as an attachment to the e-mail approving the purchase request referred to in point 4.4.
18.3. The Buyer acknowledges that the information contained in this contract has already been viewed and accepted by the same, since this step is mandatory before the purchase confirmation.
19. Right of withdrawal
19.1. The Buyer – who is proceeding with the purchase of a work as a consumer – has in any case the right to withdraw from the stipulated contract, without any penalty and without having to provide any reasons, within the term of 14 (fourteen) days, starting from the day of receipt of the purchased artwork.
19.2. In the event that the professional has not met the information obligations on the existence, methods and times for returning or withdrawing the asset in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months, starting from the end of the initial withdrawal period.
19.3. If the Purchaser decides to make use of the right of withdrawal, he must promptly notify the Seller by e-mail to the e-mail address email@example.com, by filling in the appropriate form attached to this contract (hereinafter the “withdrawal form “).
19.4. The return of the work of art must in any case take place within 14 (fourteen) days from the date on which the Buyer communicated to the Seller his decision to withdraw from the contract. In any case, to be entitled to a full refund of the price paid, the work must be returned intact and, in any case, in a normal state of conservation.
19.5. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller, unless the Seller agrees to pay them.
19.6. The Seller will refund the full amount paid by the Buyer free of charge within 14 (fourteen) days of receipt of the notice of withdrawal.
19.7. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
20. Causes for Termination
The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 9.1, and also the exact fulfillment of the obligations assumed by the Seller in point 16, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.
21. Protection of the treatment of personal data
The protection of personal data is of utmost importance to MHF Art Gallery. For this reason, we want to ensure total transparency regarding the processing of the user’s personal data. To this end, we invite you to carefully read the Policies regarding the protection of personal data, contained in the MHF Art Gallery web page.
22. Intellectual property
The user acknowledges and accepts that all copyrights, registered trademarks and any intellectual property rights on the materials or contents presented as an integral part of the Site are our property and / or those who have granted us a license for their legitimate use. . You may use such material only in the manner for which you will receive express authorization from us or from those who have granted us a license for their use. This will not prevent you from using this Site to the extent necessary to copy information about your order or contact details.
23. Communications and complaints
Under the Applicable Law, part of the information or communications we send will be in writing. By using this Site, the User accepts that most of the communications exchanged with us are in electronic format. Therefore, we will contact the user by e-mail or by providing information through specific notices on this Site. For contractual purposes, the User consents to this electronic means of communication acknowledging that all contracts, notices, information and other communications that we will provide electronically will comply with the legal requirement that such communications be in written form. This provision does not in any way limit the rights recognized by current legislation. The Purchaser indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Seller’s communications to be sent.
24. Transfer of rights and obligations
The stipulated Contract is binding for both parties, as well as for their respective successors and assigns in title. It is forbidden to transfer or assign in any way the Agreement, or any of the rights or obligations deriving from it, without our prior written consent. We will have the right to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract, or of any right or obligation deriving from it. Any transfer, assignment, subcontracting or other provision of the Contract will not have any impact on the rights you are entitled to as a consumer nor will it invalidate, reduce and / or limit in any way any of the guarantees or responsibilities we offer, explicitly or implicitly.
If we fail, during the execution of the Contract, to demand the exact fulfillment of any of the obligations, or any of the obligations provided for by these Terms and Conditions of Sale, or if we fail to exercise any of the rights or actions to which we are entitled under the Agreement or these Terms and Conditions of Sale, this will not constitute a waiver of such rights or actions and will not release you from the fulfillment of the related obligations. Likewise, it should be noted that our possible tolerance in the face of your non-fulfillment will not constitute any waiver to react in the face of a subsequent non-fulfillment. No waiver on your part with respect to any of your obligations under the Agreement or these Terms and Conditions of Sale will be valid unless communicated in writing, in accordance with the provisions of Article 16 above.
26. Partial nullity
If any article of the Terms and Conditions of Sale, or part of it, or any of the provisions of the Agreement, should be judged invalid, unlawful or unenforceable by the competent authority, such article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
27. Right of modification
We reserve the right to revise and modify these Terms and Conditions of Sale at any time. In this case, these changes will not be notified to the user. It will therefore be the user’s responsibility to constantly visit the Terms and Conditions of Sale every time he accesses or visits this Site, if interested in making a purchase. The user will be subject to the Terms and Conditions of Sale in force at the time of the order, unless a modification of the same or of the Policies regarding the protection of personal data must be made in accordance with the law or at the request of a government authority. In this case, the same will also apply to orders already sent to us.
28. Settlement of disputes
28.1. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer’s place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
29. Applicable law and jurisdiction
29.1. This contract is regulated by the Italian law.
29.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
29.3. For any dispute arising from or relating to the use of the Site or such contracts, the Judge of the place of residence or domicile of the consumer will have jurisdiction (where the same is entering into the Contract as a consumer).
29.4. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
30. Termination of the contract
These Terms and Conditions of Sale are valid and effective until their termination. MHF Art Gallery reserves the right to terminate the aforementioned Terms and Conditions of Sale at any time and without any notification where the user is in default of any of the provisions constituting the aforementioned Terms and Conditions of Sale.
31. Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject of this contract.