TERMS & CONDITIONS
GENERAL INFORMATIONS
These General Sale Conditions are for the purchase of works of art from MonticelliAntiques carried out remotely through internet at www.monticelliantiques.com website, belonging to Monticelli Michele Antiques, in Primaluna, Via Provinciale, 115/119. Each purchase transaction will be governed by the provisions of Legislative Decree n. 206/05 (Consumer Code); the information for the conclusion of the contract will also be subject to Art.12 of Legislative Decree. 70/03 and, as regards the protection of confidentiality, the regulations set by the D. lgs. 196/03.
PURCHASE AFTER VISION
The purchase of an artwork may also be made after viewing the work at the gallery. In that case, interested parties will have to purchase then send MonticelliAntiques the order by clicking on the box that appears on the website, stating "Payment on delivery, after seeing the work". Therefore, only at the end of the selection procedure of this method of purchase and after reading the information, those interested in buying a work of art will send the viewing request to MonticelliAntiques. MonticelliAntiques reserves the absolute right to accept this request. In case of acceptance of the request MonticelliAntiques will send, via the Internet, a "vision confirmation" indicating the date, place and other details. Following the vision, those who are interested in buying can decide:
1 - not to buy the work. In that case, the packaging and transport costs remain the sole responsibility of MonticelliAntiques. No cost will be incurred by the applicant;
2 – to buy the work. In this case the contract will be concluded for the sale of works of art with the conditions of this contract and the following special conditions.
PROCESSING OF PERSONAL DATA
Monticelli Antiques of Monticelli Giulio Michele protects the privacy of its customers and guarantees that your data is in accordance with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, n. 196.
For clients and suppliers Personal data collected directly and / or through third parties by Monticelli Antiques of Monticelli Giulio Michele, the data controller, is collected and processed in printed, computing, telematics, in relation to treatment modalities with the aim of registering the order and provide him the procedures for the execution of this contract and the necessary communications in addition to the fulfillment of any legal obligations, as well as to enable effective management of business relationships to the extent necessary to perform the best service required (art. 24 , paragraph 1, lett. b, Legislative Decree no. 196/2003).
Monticelli Antiques of Monticelli Giulio Michele undertakes to treat as confidential data and information submitted by the Buyer and not disclose to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data can be produced only at the request of court or other authority authorized by law.
Personal data will be disclosed after signing of a confidentiality agreement, only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.
The Purchaser has the rights under Article. 7 of Legislative Decree no. 196/2003, and that is the right to obtain:
- updating, rectification or, when interested, integration of data;
- the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
- certification that the operations in firt and second point have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except if this requirement It proves impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part: for legitimate reasons the processing of personal data, pertinent for collection purposes; the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it can not be given with a request by the Buyer himself.
In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected and subsequently processed. Their removal will still safely.
Owner of the collection and processing of personal data is Monticelli Antiques of Monticelli Giulio Michele, which the Buyer may direct at the corporate headquarters, every request.
Any communications sent to the mailing address (including electronic): requests, suggestions, ideas, information, materials etc., Will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harming the rights of others and true, in any case can not be attributed to the Supplier any responsibility for the contents of messages.
Under Article. 12 of Legislative Decree no. 70/2003, Monticelli Antiques of Monticelli Giulio Michele informs the Purchaser that each order sent is stored in both digital and hard copy form on the server and at the headquarters of the Supplier according to confidentiality and security policies.
CUSTOMER OBLIGATIONS
The customer is required, before submitting its purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order involves their full knowledge and acceptance. We advise clients, once the on-line purchase procedure is finally concluded, to print and keep these general conditions of sale, already examined and accepted during the conclusion of the contract.
DEFINITION OF THE ORDER
By placing an order online, the customer transmits to MonticelliAntiques a proposal to purchase the product and/or products in the shopping cart. When the customer places an order online for products added to their cart, the customer agrees to buy them at the price and terms stated in these Terms of Sale. MonticelliAntiques will inform the Customer of the acceptance and confirmation of the order.
In particular MonticelliAntiques does not accept orders if the product at the time of the order is no longer available. It is possible to complete an order or through the site www.monticelliantiques.com to see prices and conditions stated therein and at the gallery.
HOW TO PURCHASE
The customer buys the work, the characteristics of which are detailed on-line in the related pages, at the price specified therein to which are added the costs of delivery specified on the site (excluding any charges for cash on delivery).
Before sending the purchase order, the unit cost of each product chosen then the total cost when more than one product is purchased and delivery costs are summarized. After submitting the purchase order, the customer will receive from MonticelliAntiques an e-mail stating confirmation of receipt of the purchase order containing the information regarding the main characteristics of the goods purchased, the details of the price, delivery costs, applicable taxes, the means of payment and a reference to the general conditions of the contract and information about the existence of the right of withdrawal, the conditions and standards displayed on the site.
Please note that, following the approval of Law Decree 4 July 2006. 223 "budget measure" Art. 37 paragraphs 8 and 9, converted into Law 248 of August 4, 2006, entered into force August 12, 2006, which restored the obligation to communicate the list of customers and suppliers in the event of invoice issuing, and the Decree Law 78 of 31 May 2010, converted into Law 122 of July 30, 2010, has imposed the need to require customers to communicate VAT and TAX CODE in the appropriate fields on the site.
PAYMENT
With PayPal account: If you do not already have an account, you can still proceed with the payment by credit card, and then decide whether to register for free and manage payments with different systems, including Credit Cards, Prepaid Cards and bank transfers. With PayPal save time, pay safely and without giving third parties your financial information.
With bank transfer: the buying process reserves a product, with the words "sold" for the customer who ordered the furniture. The client, in two (2) working days, makes the payment (including any shipping costs) in favour of MonticelliAntiques, on C/C IBAN IT80G0558401795000000067920. The code for international transfers is as follows: Swift-Bic: BPMIITMMXXX.
By check or cash: To the extent permitted by the Italian legal regulations in force at the time of payment, the purchasing process is the same as above, i.e. the work is reserved and awaits delivery. MonticelliAntiques contacts the customer to arrange a meeting at the gallery or at home. Payment must be made simultaneously on the delivery of the work. For home deliveries, in some parts of Italy and abroad there is no direct interaction by the company's consultants and delivery can only be made in cash by courier.
By deferred payments: For deferred payments the purchase process is still the same and the work is only reserved (always with the words "sold"), untl the formalisation of the purchase contract. MonticelliAntiques will contact directly the customer to agree on the deferral system and the terms of delivery of the works. The established rate can then be paid through a Continuous Bank transfer or RID form. When the purchase is made through the reservation (transfer, check or cash, deferred), the customer can request the option of viewing the work directly before payment; the work can be viewed at the gallery or at the customer’s location, except in areas of Italy and abroad which are not yet covered by MonticelliAntiques consultants. We also accept bookings by telephone or email, provided they are accompanied by personal data and the customer's address (including telephone), and will be promptly contacted by the staff of MonticelliAntiques to define the terms of payment and delivery. In the event that payment is made by bank transfer, the goods purchased will be delivered in the manner described in paragraph "Product Delivery", at the address specified by the customer receiving the accreditation, then on average within two/five days after the transfer takes place (the timing will vary depending on the Institute of Credit used).
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF TERMS OF SALE
The contracts of sale of the products on the website www.monticelliantiques.com are considered concluded at the time of the receipt of the purchase order placed by the customer to MonticelliAntiques and the latter accepts it. MonticelliAntiques will send within 48 (forty eight) hours to the customer the purchase order received by the customer. The customer, by the electronic sending of the purchase order, declares to have read and to have accepted these terms and conditions of contract and undertakes to observe and respect in its relations with MonticelliAntiques.
QUOTATION OF THE ARTISTS AND WORKS
Given that the MonticelliAntiques gallery offers the online sale of works and paintings of which it determines the selling price in complete autonomy and according to the rules of the free market of supply and demand, it should be noted that to protect the buyer the gallery constantly performs a check of market quotations. This is to completely guarantee the customer to buy at the right price. The listing of pictures is defined in accordance with specific publications, where they exist, and by referring to public sales. The prices of furniture and objects of art is defined according to market trends, except in rare pieces that can come out of basic prices of the market, according to the following specifications. In order to determine a correct listing, the gallery considers, in addition to the market value, the following elements:
The quality: the key to evaluate the listing of each individual work. It is said that the works of an artist are all of the same level; there is no doubt that some are better managed than others. The same applies to the furniture and objects in general.
The dimensions: in the paintings often the value of the work increases in proportion to the perimeter, not the area of the same; in furniture often the value increases in relation to the small size, easy adaptability and environment.
The technique: usually works on canvas are more valuable than works on paper and the same goes for works in oil or acrylic compared to mixed media; however there is not a general rule and sometimes these considerations can be subverted by the "beauty" of each piece. The same applies to furniture and applied art objects (sculptures, ornaments, candlesticks, etc.)
The year: the date of works is often very important because there are golden periods in which the artists have given the best of themselves; also the date can characterize the history of some pieces, making them especially valuable.
The style: often the works that require an intense activity of the artist are the most valuable, because the time dedicated and difficulty of implementation affect the value.
The reviews: the success of a work often is measured according to the obtained reviews (publications in catalogues, magazines, and newspapers) and participation in major exhibitions in museums and prestigious galleries and therefore it is possible that the value of a work is higher than that of a similar work which has been less reviewed. It is also important to understand if the piece belongs to a particular "artist" cycle and therefore could also be valuable if it has not been published, for example because it belongs to a historical "cycle". The importance of the publication is also to be noted and especially as a further guarantee of authenticity over time, which enhances the work itself.
Any restoration work: the different degree of restoration of a piece of furniture or a painting influences the lowering of the value. If there is no original integrity, the value decreases. If the furniture requires restoration, the restored part must be declared by the gallery, which rendered the product suitable for use and to preserve its condition.
GUARANTEE OF AUTHENTICITY
MonticelliAntiques contractually guarantees the authenticity of all works sold, assuming immediately the legal responsibility. Each work is accompanied by a Certificate of Authenticity issued by the gallery and simultaneously delivered work of art.
DELIVERY AND TRANSPORT
Following the payment or reservation, MonticelliAntiques will appropriately package the works and arrange transportation to the customer's home, except in cases where the customer has chosen to personally make the collection at the gallery (Primaluna - LC, via Provincial 115/119). Usually the works are delivered in Italy within a week from the total payment and abroad in 2-4 (two to four) weeks: these timelines should be verified at the time of shipment, since delivery maybe subject to changes by the shipping company. Transport costs are variable depending on the size of works and delivery zones. During the process of buying these costs are clearly indicated before confirming the order. In particular you can choose secured transport, paying a higher cost given by the carrier for the service. About the conditions of insurance, to the limits and deductibles applied by the carrier, please refer to the conditions published on the gallery site.
RIGHT OF WITHDRAWAL
The consumer is entitled to exercise the right of withdrawal. In particular, the consumer has the right to terminate any contract with MonticelliAntiques, without penalty and without giving any reason, within 10 (ten) ten working days from receipt of goods. The right of withdrawal is recognized in the consumer in relation to any property purchased on the website www.monticelliantiques.com.
PROCEDURES FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within that period, a written communication to MonticelliAntiques by registered letter with acknowledgment of receipt. The withdrawal notice may also be sent, within the same period, by email, on condition that it is confirmed by registered mail with return receipt within 48 hours. In case of exercising the right of withdrawal, the notification must be sent to the following address:
Via Provinciale 115/119 MonticelliAntiques Primaluna (23819) - LC
Email info@monticelliantiques.com.
If the goods have been delivered, the customer is required to return it MonticelliAntiques within fifteen (15) working days from the date of delivery of the goods. Good should be returned to MonticelliAntiques complete with all accessories, well packed in its original packaging. The product should be returned together with a copy of the electronic order receipt. The costs of returning the goods to MonticelliAntiques are charged to the customer. If the withdrawal right is exercised by the client in accordance with the provisions of this clause, MonticelliAntiques is obliged to reimburse the costs paid by the customer. In particular, MonticelliAntiques will not charge for charge back on the cost of shipping costs within 30 (thirty) days from the date it became aware of the right of withdrawal by the customer. This operation will be carried out by the issuing bank of the credit card used for payment or crediting the sum to the bank account specified by the customer. MonticelliAntiques has the right to reject any product returned with conditions other than those specified above, as well as products for which have not been fully paid for by the customer, the cost of returning if methods and times for communication of have not been observed as per the condition of exercising the right of withdrawal.
TERMINATION CLAUSE
In case of failure to pay all or part of the purchase price of MonticelliAntiques reserves the right to rescind the contract of sale by sending a written communication to the customer electronically, pursuant to and by effect of art.1456 of the Civil Code.
COMPLAINTS
For any claim or explanation, the customer must contact the number +39 3497714176 or e-mail address info@MonticelliAntiques.com. The customer will be contacted for clarification within 3 (three) working days of the request.
LAW AND JURISDICTION
This contract is governed by Italian law and jurisdiction is determined according to the regulations in force at the time of purchase.
POSTPONEMENT
Even if not expressly stated in this agreement, current Italian law shall apply.