FUTURARTSHOP is particularly attentive to the needs and expectations of the users of its e-commerce website and hopes that they will always be happy with purchases made through their portal.
For this reason, it provides the same, through these General Conditions of Sale (CGV), with a suitable information regarding all aspects that govern the purchase, via telematic means, of the products presented on the Site, in accordance with the provisions of D.Lgs. 6/9/2005, n. 206 ("Consumption Code"), as amended by Legislative Decree 21/2/2014, no. 21, implementing the European Directive 2011/83 / EU, which in turn amended the previous European Directives 93/13 / EEC and 1999/44 / EC, repealing European Directives 85/577 / EEC and 97/7 /THERE IS.
These GCs therefore constitute an integral and essential part of the Purchase Agreement of any Good made through the www.futurartshop.com website, and the Customer's submission of an Order will result in acceptance.
Therefore, when submitting a purchase order for a Good through the Site, the Customer adheres to these GTCs and declares to be legally bound by the terms and conditions set out below.
Wonder srl: means the company with registered offices in Via Cervantes 55/27 80133 Naples, Italy. Registration Companies Register No. 923896
of Naples and is aimed at selling online. Tax Code and VAT ID: IT07994391212
The owner of the domain name www.futurartshop.com and the e-commerce platform manager operating on the Site and accessible through the same.
Site: means the website www.futurartshop.com on which the Platform operates.
Platform: means the e-commerce platform operating on the Site and accessible through it, through which the Seller is technically enabled to sell the Good.
Access to the Platform is free for Customers and in general for any user.
Customer: means a natural person or a legal entity registered on the Site who, by submitting the Order, proposes to the Seller to purchase the Good and to pay the price through the Platform accessible through the Website www.futurartshop.com
If the customer is a consumer as per art. 3, co. 1 of the Consumption Code (Cons. Code), it is subject to all the provisions of greater protection provided for therein.
Order: This is a proposal to purchase a Good Seller from the Seller through the Site and the Platform, which the Seller can accept by giving the Customer a specific communication.
Contract: means a sales contract relating to a Good that the Customer concludes directly with the Seller as a result of the Order's forwarding, its acceptance of the Seller and the payment of the relevant price.
Consumption Code (Cons. Code): means the D.Lgs.6 / 9/2005, no. 206.
General Terms and Conditions of Sale (GTC): these terms and conditions are published on the Website www.futurartshop.com, which the Customer may at any time view and print copies, for the purpose of selling the Good by Seller to Customer.
Any purchase of Goods through the Website www.futurartshop.com and the E-commerce platform managed by Wonder Srl is governed by this document, and is constituted as a distance sale within the meaning of art. 51 and ss. of the Consumption Code.
Buying a Buyer or Coupon: means a legitimate document that can be purchased by the Customer on the Site via the Platform and downloaded and saved in electronic form and / or printed in hard copy, with a unique identification code which attributes to the Customer , for a maximum of 90 (ninety) days from the purchase.
2. PROCEDURE TO PURCHASE THE PURCHASE
The procedure for purchasing a Bene is made up of the following steps:
2.1. Customer Identification: The user must register at www.futurartshop.com. by entering their own personal details (personal identification data, physical and telephone addresses and any other information as may be required) and to give Wonder Srl a valid consent to their processing and communication to the Seller, the carrier (courier) and any third parties for the purposes of under these general conditions of sale.
After the registration, the customer must enter his / her login credentials (username and password) freely chosen by him at registration and complete the order form for the chosen good.
2.2. Compilation of the Order Form: The Customer will need to read carefully and complete the Order Form in electronic format on www.futurartshop.com.
The Order Form will indicate in detail, in a clear and easily understandable way, before its confirmation by the Customer:
(a) the essential features of the Good sold by the Seller through the Platform;
(b) the Seller's identification data and physical contact details (in the case of an individual company, a firm, a company, a reason or a corporate name, the physical address of the head office and / or any secondary offices, telephone and facsimile addresses, e-mail, any specific address to which complaints may be addressed, names of potential reference persons);
c) the amount of the good object of the Order;
d) the total price of the Benefit (including all taxes and duties applicable);
e) the delivery costs of the Bene (with any additional costs). In the case of Extralarge, the details of the delivery costs may be communicated to the Customer later, subject to the procedure described in paragraph 2.8.
f) the modalities, the address and the expected date for the delivery of the Benefit, however no more than 30 (thirty) days from the date of termination of the Contract;
g) the request for acceptance and acceptance of the General Terms of Sale by the Customer;
h) the request for acceptance and acceptance of the conditions set forth for the exercise of the right of withdrawal by the Customer, as well as the manner, cost and time for the refund of the Bene and the related reimbursement of the Price already paid (where applicable) ;
(i) any request for the issue of the commercial invoice;
l) the total price of the Order (including taxes, taxes and shipping charges);
m) the payment method chosen by the Customer between those expressly indicated on the Site and provided by the Platform;
(n) any information on any intended service or trade warranties, including the legal warranty of Good Compliance, where applicable;
(o) information on the existence of any right of withdrawal, including the terms, conditions and procedures for exercising this right.
Upon completion of the Order Form, the Customer may, before sending the Order, print or save it in electronic format.
2.3. Forwarding the Order Form and Payment of the Price: The Client will submit the Order Form with point and click mode, ie by selecting on the Website of a virtual button that clearly and legibly displays the words "order and pay" or other similar action involving the explicit recognition by the Customer of the fact that the ordering of the Order implies the obligation to pay the price at its own expense.
Payment of the total price of the Order is essential for the Contract to be concluded and order to be processed.
Upon delivery of the order and payment of the Price, the Customer will receive, by the strictly technical time, by email, a confirmation message of the Seller's acceptance of the Order and the payment of the price containing the summary of the contents of the Order itself.
Together with this communication, Customer will receive a copy of the information regarding the processing of personal data (of which the Customer still has access to www.futurartshop.com), information on how to exercise the right withdrawal, if provided, and the tracking code needed to monitor delivery of the Bene through the carrier.
2.4. Conclusion of the Contract: the contract between the Customer and the Seller shall be deemed to have been concluded by the Client's receipt of the Seller's acceptance of the Order and payment of the relevant price.
2.5. Order Filing: The Order Form will be filed in the Platform's database for the period of time it is required to execute, and in any case within the terms of the law.
2.6. Waiver of Order Execution and Refund of Price: The Seller may refrain from executing the Order forwarded by Customer if the Customer's identifying data in the Order Form is incomplete or incorrect. If this happens, Customer will be informed, by e-mail, in the technically timely manner, of the reasons for not completing the Contract and will receive the full refund of the Price already paid according to the times and the procedures provided in the following art. 8.
2.7. Unavailability of Good: If, for any reason, the Bene is no longer available from the Seller, the Seller may temporarily suspend the execution of the Order by contacting the Customer by e-mail. The Seller will provide the Customer with all information regarding the times for the reassignment and delivery of the Bene and may also propose to him a Bene with equivalent features and value in lieu of the unavailable Bene.
The Customer is entitled, in this case, to terminate the contract and to cancel the Order, refusing any alternative proposal received from the Seller. If the payment of the Price has already been executed, Customer will receive the full refund of the sums paid according to the times and the procedures provided in the following art. 8.
3. SHIPPING AND DELIVERY OF BENE
3.1. Unless otherwise agreed between Customer and Seller, the Customer is obliged to deliver the Goods to the Customer without unjustified delay, and in any event not later than 30 (thirty) calendar days from the date of termination of the Contract, as provided for in 'art. 61 of the Consumption Code.
Benefit Delivery Costs, if present, are fully incurred by the Customer, and vary according to the weight and volume of the Bene, the Delivery Location and the Optional Accessories and the number of Purchased Items for each Seller.
If, in exceptional cases, it is not possible to calculate the delivery costs in advance, the Customer will receive clear evidence before the order is forwarded and the Contract is concluded.
3.2. The Shipment of the Good will be effected by carrier (courier) or in any case through a third party shipping company to Wonder Srl and the Seller, which will be indicated on the Site and Platform upon completion of the Order and before its forwarding, together with transport conditions applied, unless otherwise indicated that will be communicated to the Customer in the Order Confirmation.
By forwarding the Order, the Customer declares to have read and accepted the same.
3.3. Together with the order confirmation, Customer will receive the details for the delivery of the Bene and the times, along with the tracking code that will allow you to monitor the status of the shipment.
Customer will be able to check the transfer phase of the Bene:
- By joining the Reserved Area My Orders;
2. Directly on the carrier's site.
3.4. The Bene can be delivered throughout the Italian territory at the address indicated by the Customer on the Order Form and abroad in accordance with paragraph 3.8.
Shipment can not be sent to mailboxes and post mail.
Good deliveries will take place from Monday to Friday (excluding Saturdays, Sundays and Public Holidays) from 9am to 7pm.
The courier will make up to 03 (three) delivery attempts. If the Customer is not present at the first attempt to deliver, the carrier will leave a notice indicating the instructions for reprogramming with the carrier, delivery of the Bene. If delivery attempts (at max 03) will all fail, the parcel will be returned to the Seller. In that case, the Customer will have 30 (thirty) days to withdraw the Bene at his own expense from the Seller. After this period, the Seller may retain the Bene and the Customer will lose the right to refund the amounts paid.
At the same time, the Customer must verify the integrity of the Goods and, in case of defects, report it to Wonder Srl and the Seller within 24 hours of receipt of the parcel.
3.5. The delivery obligation is deemed to be fulfilled by the transfer of material availability or otherwise of the control of the Bene to the Customer.
If the delivery obligation of the Bene is not fulfilled within the time limit specified in paragraph 3.1, the Customer will be entitled to request that delivery be made within an additional time appropriate to the circumstances. If this additional time period has expired without the Bene being delivered, the Customer will have the right to terminate the Contract.
3.6. However, the Customer is not burdened with the burden of granting the above additional term if:
(a) Seller has expressly refused to deliver the Bene, or;
(b) compliance with the terms agreed by the parties for the delivery of the Bene should be considered essential, taking into account all the circumstances surrounding the conclusion of the contract;
c) Customer has informed the Seller in writing before the conclusion of the contract that the delivery within or at a given date is considered essential.
3.7. The Customer is entitled, if he or she does not receive the Goods within the agreed deadline or within the time limit specified in Section 3.1, to terminate the contract, except for the right to compensation. In that case, the same is entitled to the repayment of all sums paid in execution of the contract.
3.8. In all cases where the Customer chooses to deliver the Bene at Foreign Countries, he accepts from now on that he will be responsible for any costs of going to Customs, which will be in his sole discretion. If these have not been quantified in the price, it will be the responsibility of the Customer to inquire, at his own expense, on the amount of duty to be paid in Customs
- 4.SELLER GUARANTEES
4.1. The Seller is solely responsible for the execution of the contract of sale of the Goods concluded with the Customer.
4.2. The Seller is the holder of the Right for Sale, which guarantees the authenticity, legitimate origin and compliance of the information published on the Platform.
However, the images and colors of the Good may not fully correspond to the actual ones; the images are in fact purely indicative.
4.3. The Seller is responsible for the legitimacy and compliance of the good being sold with respect to the Italian and European regulations in force.
4.4. The Seller declares that he or she is in possession of all the requirements set forth in the applicable regulations, both in relation to the marketing authorization, even in electronic form, and in the case of distance sales.
4.5. The Seller, in the event of a Default Confirmation of Good, within the time limits provided by the applicable law, will be required to restore its compliance at no additional cost to the Customer.
5. PRICE AND PAYMENT MODE
5.1. The price of the Bene is expressed in Euros and may be subject to change and update over time.
The sales price is as indicated in the Order form and is inclusive of all taxes and applicable taxes.
The total price of the Order also includes the costs of delivery and any expenses for optional services selected by the Customer, suitably distinct and detailed.
5.2. In the event of material error in the price indication, which is manifestly irrelevant to the value of the Good, Seller will have the right to rectify it before the delivery of the Good. If the Customer informs you that you do not agree to pay the corrected price, the sales contract will be resolved and the price, if already paid, will be returned to the Customer.
5.3. In order to pay the total price of the Order, the Client may select, at the time of the Order's completion, one of the following systems: bank transfer (IBAN code indicated in the order form); credit or prepaid card (Visa, Mastercard, Master); PayPal.
5.4. If you choose to pay by credit or prepay, Customer will be redirected to Stripe's telematic payment systems, including the necessary financial information (holder, number and expiration date and security codes) required in order to perfect the payment at a distance. Such information will never be stored, even temporarily, on the Wonder Srl Platform and will be used exclusively to complete the purchase transaction or to report to the Order Forces of any fraud committed on the Platform.
5.5. If PayPal is selected, the Customer will be redirected to the PayPal payment platform located on www.paypal.com and from here you will need to enter the data required to complete the transaction.
Such information will never be stored, even temporarily, on the Wonder Srl Platform and will be used exclusively to complete the purchase transaction or to report to the Order Forces of any fraud committed on the Platform.
5.6. With respect to the payment system chosen by the Customer, no liability can be attributed either to Wonder Srl or to the Seller in the event of disruption or temporary non-functioning of the payment platforms referred to in paragraphs 5.4. and 5.5. which precede.
6. RIGHT OF WITHDRAWAL AND CONDITIONS OF BUY-BUON PURCHASES OR COUPON
6.1. If the Customer is a consumer, he or she has the right to terminate the Contract within 14 (fourteen) calendar days from the date of receipt of the Benefit and to obtain the refund of the incurred costs without incurring any costs or penalties, and without the need to specify the reason for the withdrawal.
6.2. In the case of Multiple Goods, for such purposes, those which have been ordered by the Customer by a single order but delivered separately, the term referred to in paragraph 6.1. will take effect from the day on which the Customer (or a third party other than the carrier or courier possibly appointed by the Customer) will receive the last Bene.
6.3. The right of withdrawal is excluded in the following cases:
- audio-visual products, sealed computer software, once opened after delivery (including those attached to hardware);
- tailor-made or clearly customized products;
- Sealed products that are not liable for being returned for hygienic or health-related reasons, once opened after delivery (such as cosmetics, fragrances, beauty creams, herbal products, etc.) .
- in general, in all other cases contemplated by Art. 59 of the Consumption Code, or exempt from the scope of the Consolidation Act pursuant to art. 47 of the Consumption Code.
Any restrictions on the right of withdrawal may be highlighted in the Order Form being compiled by the Customer.
6.4. In order to properly manage the return related to the exercise of the right of withdrawal, the Customer shall, within the time limit specified in paragraph 6.1, perform the following procedure:
1) authenticate to the Platform with its login credentials (username and password);
2) access, from its own reserved area, to the order management page and select the one related to the Good object of the withdrawal request;
3) click on the entry: "Request withdrawal" for the right of withdrawal;
4) fill in all parts of the electronic withdrawal form and send it via the Platform to the Seller;
5) Select the "Good Returns" service (where the Customer does not wish to provide directly with their own carrier, carrier or forwarder) and accept the charge at the expense of returning the Bene.
6) to view and accept the present conditions of return related to the exercise of the right of withdrawal;
7) Prepare the delivery of the goods to the courier, taking care that the product is returned intact, complete with all accessories (including certificates of authenticity and warranty, user manuals, cables, etc ...) and its packaging and packaging original, without damage, including unaltered labels and security seals, where provided; the products should not have been used, worn, washed or damaged.
If the Customer has chosen to use the "Deliverance of the Good" service, he will receive by e-mail the delivery instructions together with the car letter that will be printed and attached to the shipment.
8) Indicate the redemption mode between the following:
a) re-credited to the credit or prepay card used for payment;
b) re-credited to the PayPal account used for payment;
c) bank transfer (in this case you will need to indicate the IBAN code and the account holder who will necessarily have to pay the payer).
6.5. As an alternative to the standard procedure provided for in paragraph 6.4., The Customer in respect of consumer quality may exercise his right of withdrawal also in the following manner:
a) by sending to the Seller and, for information, to Wonder Srl, by means of separate letters with acknowledgment of receipt, within the time limit specified in paragraph 6.1., of the form of withdrawal, duly completed, downloadable from the website www.futurartshop .com and complying with the provisions of Annex I, Part B of the Consumption Code, as recalled by art. 54, same Code.
b) by sending to the Seller and, for information, to Wonder Srl, by means of separate letters with acknowledgment of receipt, within a time limit specified in paragraph 6.1., an express written statement containing the declaration to terminate the Contract.
6.6. The Seller will notify the Customer within 5 (five) working days of receipt of the Right of Withdrawal, by email, acceptance of the Return of the Good or the occurrence of any anomalies in relation to these general conditions of sale.
6.7. The Seller, where the right of withdrawal has been exercised in compliance with these terms and conditions, will repay the terms and conditions set forth in paragraph 8.
6.8. In the event of non-compliance with the terms and conditions for withdrawal, the Customer will not be entitled to any refund.
6.9. If you have purchased a Buyer or Coupon, the Customer is entitled to exercise the right of withdrawal within 14 (fourteen) calendar days from the day of receipt of the order confirmation email.
6.10. Unless the Seller has offered to collect the goods himself, the Customer is required to return the Goods without undue delay, and in any case within 14 (fourteen) calendar days from the date on which he has informed the Seller of the decision to receder
7. REFUND MODE
7.1. Seller will reimburse all payments received by the Customer (including any delivery charges) In the shortest possible time and in any case not later than 14 (fourteen) calendar days from the date on which the Seller has been aware of the exercise of the right of withdrawal by the Customer using the same means of payment used by the Customer for the initial transaction.
If the Customer has explicitly chosen a different and more expensive delivery type than the less expensive type offered by the Seller and / or the Platform as a standard delivery method, there will be no refund of the additional costs due to the different delivery type.
7.2. In case of failure to execute the order by the Seller, the latter will refund all payments received by the Customer within the shortest time possible, and in any case not later than 14 (fourteen) calendar days from the date on which the Seller has expressed to the Customer the non-availability of the Bene or received the Customer's refusal to supply a Bene with features and equivalent value in lieu of the unavailable one.
7.3. According to art. 56, co. 3 of the Consumer Code, the Seller may refrain from repaying this Article until it has received the Return of the Good, or until the Customer has demonstrated that he has returned the Good to the Seller, depending on which situation occurs first.
8. APPLICABLE LAW AND COMPETENT HOLD
8.1. The Agreement and these General Sales Conditions are fully governed by Italian law. For all disputes relating to the interpretation, termination and execution of the Contract and of these General Sales Conditions in which at least one Consumer is at stake, the territorial jurisdiction of the Consignee belongs to the Judge of the place of residence or domicile of the consumer if they are located in the territory of State.
8.2. The other disputes will be the sole responsibility of the Naples Forum.
9. MODIFICATION OF GENERAL CONDITIONS
9.1. These General Sales Conditions are subject to change over time and subject to any changes in the regulations.
9.2. The new conditions will be effective from the date of publication on www.futurartshop.com.
10. EFFECTIVENESS OF THESE CONDITIONS
10.1. Wonder Srl does not warrant that the contents of the Site are appropriate or legitimate in other countries.
10.2. Any invalidity, invalidity or ineffectiveness of one or more of these General Conditions of Sale, if accepted, will not result in invalid, ineffective or nullity of the remaining valid and effective clauses.
11.1. These General Terms and Conditions of Sale are expressed in Italian and translated into English, Spanish, French, German, Swedish, Russian, Polish and Japanese.
11.2. In case of dispute or disagreement between the two texts, the Italian version will be authentic.