Terms and Conditions of Sale - Trade
Terms and Conditions of Sale - Trade
The following General Terms and Conditions govern the offer and sale of products on our web site ("artemest.com" or "Site"). Please read these terms and conditions carefully before ordering any products: indeed, by ordering any of our products, you agree to be bound by these terms and conditions. The products purchased on artemest.com are directly sold by ARTEMEST S.r.l. ("ARTEMEST") (hereinafter referred to as the "Vendor" or "We" or "Us"). ARTEMEST has its registered office in Milan (20144 –Italy), Via Savona 97, number of registration at Milan Register of Companies and VAT number 08791160966, share capital of Euro €433.631,40. The business office is in Milan (20144 – Italy), Via Savona n. 97.
If you need any assistance, go to the Client Care area, where you will find information on orders, shipping, complaint handling, refunds and returning products purchased on artemest.com, as well as other general information on the services provided by artemest.com. Remember that you can always contact our Client Care by e-mail: firstname.lastname@example.org
1. Our Business Policy
1.1 These General Terms and Conditions apply to all services offered by Vendor through the Site and the purchase of any of the products offered on the Site ("Products") to business clients ("You" or "Client").
1.2 If you are a consumer, please refer to our Terms and Conditions for consumers.
1.3 The offer and sale of the Products relates only to those countries listed in the List of Countries on the relevant page of the Site, which can be reached via the home page.
1.4 These General Terms and Conditions (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on artemest.com between the users of artemest.com and the Vendor ("Contract"). No other terms are implied by trade, custom, practice or course of dealing.
1.5 The Vendor reserves the right to amend General Terms and Conditions of Sale from time to time, although no such change will affect any order the Client has already placed with Artemest.
1.6 The applicable General Terms and Conditions of Sale are those in force and effect at the time Client places the order of a product.
1.7 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on artemest.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of artemest.com and third parties.
1.8 You should print a copy of these Terms or save them to your computer for future reference.
2.1 In order to benefit of services and purchase one or more Product it is necessary to register to the Site and create a "Trade Account". The non-acceptance of General Terms and Conditions or reservation of rights by Client entails the lack of possibility to register to the Site.
2.2 The registration to the Site is free. In order to register, the Client has to fill in the registration form, with name, surname, e-mail address and a password (hereinafter 'Registration Credentials'). The registration is confirmed by an e-mail sent to the address provided by the Client.Vendor hereby expressly disavows any extraneous terms and conditions set forth in any emails sent by Client to Vendor.
2.3 The Registration Credentials shall be used exclusively by the Client and cannot be assigned to third parties. The Client must inform Vendor without delay in case of suspected misused of the Registration Credentials. The Registration Credentials may be modified by the Client at any time accessing the Site at the area dedicated to the user profile.
2.4 The Client represents and warrants that the information provided by Client during the registration procedure of Client’s Registration Credentials are complete, correct and true. The Client accepts to hold Vendor harmless from any liability obligation, penalty arising and/or in any way connected to the violation by the Client of the rules regarding the registration to the Site. The Client is exclusively responsible for the access to the Site with the Registration Credentials and is liable for any damage or detriment caused to Vendor or to third parties by an inappropriate use, lack, misappropriation by third parties or failure to protect an adequate secrecy of his own Registration Credentials. All the operations carried out under the Registration Credentials are deemed made by the Client to whom the Registration Credentials refer.
2.5 Clients are allowed to have only one Trade Account. Multiple registrations will be deleted.
2.6 Vendor reserves the right to refuse the registration of any user and/or to block the account of any Client and/or not to accept orders coming from any Client who acts in violation of these General Terms and Conditions or the applicable law or for security reason.
2.7 Client can cancel user’s registration with immediate effect, by sending an e-mail to email@example.com
GENERAL CONDITIONS OF SALE
3. How to Execute a Contract with the Vendor
3.1 To place an order for the purchase of one or more products on artemest.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions. Each order is an offer by you to buy the Products specified in the order subject to these Terms and Conditions.
3.2 The order form contains information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs.
3.3 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.4 Our acceptance of your order takes place when we send the email to you to accept it (confirmation email), at which point the Contract between you and us will come into existence.
If we are unable to supply you with the Products for any reason, we will inform you of this by email as soon as possible and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
3.5 The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Account.
3.6 The language used for executing contracts with the Vendor might be English, Italian, French, German or Spanish.
3.7 After your order form has been submitted, the Vendor will process your order.
3.8 The order confirmation e-mail will provide you with a summary of your order (the products' main characteristics, detailed information on the price, the payment method used, how to exercise the right of withdrawal, shipping costs and any additional costs, as well as reference to the Client care service. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium).
3.9 You have the right to cancel an order within 48 hours after you receive the order confirmation's email as per point 3.4 above. Should you wish to cancel your order you will be required to send an email to firstname.lastname@example.org or contact our Client service team within the above term. The Vendor will refund the total price paid within fourteen (14) days of receipt of your cancellation request. This right does not in any way affect your right of withdrawal as per art. 7.
4. Guarantees and Product Price Indication
4.1 On artemest.com, we only offer products from selected suppliers and artisans.
4.2 The main characteristics of products are shown on artemest.com on each product page. The products offered for sale on artemest.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
4.3 The Client will be charged the trade price of the Product indicated on the Site when the order is placed. Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
4.4 Orders made from a Country site different from the one you are shipping to, or to addresses to which the Vendor cannot ship, will be automatically cancelled.
4.5 The delivery cost is explicitly indicated. This amount will be highlighted separately on the order form prior to confirm the purchase and on the order confirmation email.
4.6 All Products sold by artemest.com will be delivered in their original packaging. When trying on the Products you should not damage the original packaging of the purchased Products should you wish to return the purchased Product.
4.7 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall:
- subject to clause 4.2, conform with their description; and
- be free from material defects in design, material and workmanship.
4.8 In particular, if a product sold by the Vendor has manufacturing defects or in any case of alleged lack of conformity of the products sold by the Vendor, you must immediately and in any case within 8 days of discovery, contact our Client Care by email: email@example.com
4.9 In the event that you are seeking the product to be repaired or replaced due to lack of conformity pursuant to this Section 4, delivery costs for returning the product to be repaired or replaced shall be borne by the Vendor, as well as any costs related to the delivery to you of the repaired or replacing product.
4.10 Procedure to be followed by you to return the product to be repaired or replaced is the same as set forth at clause 9, except for the different timing possibly provided in the present clause.
4.11 We will not be liable for breach of the warranty set out in clause 4.7 if:
- you make any further use of the Products after giving notice to us under clause 4.8;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the Products without our written consent;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
4.12 We will only be liable to you for the Products' failure to comply with the warranty set out in clause 4.7 to the extent set out in this clause 4.
5.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
5.2 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Braintree or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account at the order confirmation.
5.3 In case of payment by bank transfer, the order shall be confirmed once the transfer has been received in cleared funds by the Vendor.
6. Shipping and Delivery of the Products
6.1 Purchased products shall be delivered to the address indicated by you in the order.
6.2 For each order, the Vendor shall invoice the purchased products by email or by post to you, pursuant to the applicable laws and regulations. The receipt and/or invoice will be based upon the information provided by you at the time of the order. No alterations to the receipt/invoice are possible after the receipt/invoice has been issued.
6.3 Delivery charges shall be borne by you and are indicated separately on the order form and invoice, unless otherwise provided.
6.4 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 (Events outside our control) for our responsibilities when this happens.
6.5 Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and the Products will be at your risk from that time.
6.6 At the time of delivery of the purchased Products, you (or a nominated representative) are required to verify:
- that the number of Products being delivered corresponds to that indicated on the delivery note; and
- that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
6.7 Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the courier’s delivery note. Once the courier’s document has been signed and no objection has been raised by you, you may not make any objection to the exterior characteristics of the delivered parcel.
6.8 You shall verify as soon as possible if the products received are incorrect (i.e., all or part of the Products delivered does not correspond to what was ordered) and/or incomplete (i.e. the contents do not include part of the Products ordered e.g., a plate is missing or has broken in transit).
You shall report to us any discrepancies detected within 2 business days after receipt of your order.
Your failure to report this within 2 business days of receipt of the order shall be equivalent to its full acceptance.
Each report shall include evidence of such discrepancies.
7. International delivery and import charges
7.1 If you order Products from our site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.
7.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
7.4 Artemest pre-pays duties for all orders shipping to the United States, Canada and UK. In addition, according to local regulations we are currently collecting Sales Tax in certain states. In such case, import charges will be calculated and added or included in the final price when you place the order.
Orders shipped outside EU, UK, USA or Canada may be subject to import taxes.
As soon as the items arrive at the destination, sales tax on imports as well as customs duties and handling costs will be determined by the respective customs office.
In such cases you will be fully responsible for paying all applicable import charges directly to the relevant authority (and for reclaiming them in the event of a cancellation or a return of Products, to the extent permitted in these General Terms and Conditions) as determined by the authorities of the delivery destination, and neither Artemest nor the logistic partner shall have any responsibility or liability in connection with the foregoing.
7.5 The Vendor's shipment partners may contract with a local licensed customs broker in the destination. Agreement to these General Terms and Conditions serve as an authorization for the applicable customs broker to act as your agent to: (i) conduct transactions with the local applicable authority, (ii) complete, submit and execute related documents on your behalf in connection with the import of Products in your order, (iii) facilitate the payment of applicable import charges; and (iv) if applicable, return such Product to us (subject to these General Terms and Conditions). However, you acknowledge that, in the case of a return of Product, you (and not the Vendor, the logistic partners or anyone on their behalf) will be fully responsible for claiming back such import charges from the applicable tax authority to the extent possible, and neither the logistic partner nor the Vendor shall have responsibility or liability in connection with such claim.
7.6 Moreover, if you fail to pay import charges without reasonable reason causing the liability to fall on Artemest, our logistic partners or the carrier, you shall refund us and/or any third parties involved. We reserve the right to offset the liability amount of import charges with any refund or other amounts you may claim towards us.
If you failed to pay Import Charges or refused to accept Products otherwise than in accordance with the return procedure under these General Terms and Conditions (including not providing the documentation required by Customs), in each case resulting with the Products being returned or needing to be returned, then you will be liable for the return delivery costs.
In case the return delivery costs are clearly not proportionate to the value of the Product being returned, the Vendor reserves the right not to return the Product and to destroy it. No refund of the purchase price will be granted in such a case.
We also reserve the right to charge you with additional direct or indirect charges resulting from said failure or refusal.
For more information on customs duties and taxes in your destination country or if you have any questions, please contact our Client Care team at: firstname.lastname@example.org
8. Client Care
8.1 Please contact our Client Care for further information by email: email@example.com
9. Return and refund
9.1 You may cancel your Contract with the Vendor in relation to products purchased from artemest.com, without any penalty and without specifying the reason, by notifying the Vendor in writing within fourteen (14) calendar days, beginning on the day you receive the products. In this case you will receive a full refund of the price of the products in accordance with this Clause 9.
9.2 You should return the products to the Vendor within fourteen (14) calendar days from the date you notify the Vendor of the return intention, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.3 To return the products you should:
- notify us in writing within fourteen (14) calendar days, beginning on the day you receive the products (or for purchases of multiple products, the day on which you received the last product) by contacting our Client Care. E-Mail: firstname.lastname@example.org
- the products shall not have been used or damaged;
- the products shall be returned in their original packaging, which is an integral part of the products. You shall return the Products using a carrier of your choice and at your own expense, within 14 days from the date of communication of the cancellation. The costs and risks associated with returning the Products are borne by the Client;
- products shall be returned to the Vendor within fourteen (14) calendar days of the date you notify us of your decision to cancel.
9.4 In case of exercise of the right of withdrawal, Vendor shall refund the Client the full amount paid for the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of cancellation was received. The Vendor reserves the right to withhold the reimbursement until he has received the good back and upon verification of its integrity. The Vendor will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.5 The Vendor will refund the price of the product in full. You will be responsible for the cost of returning the products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
9.6 You can return the products to the Vendor by packaging the relevant products securely and sending them, at your own risk and cost, to the Vendor using your return number (as provided via the online Return Form). You are required to share the tracking number of the shipment with us.
Alternatively, Artemest might help you in returning the Products with a pre-paid mechanism and approved courier (a fixed commission for such service is applicable). Please contact us at email@example.com
9.7 The right of cancellation is subject to the following conditions:
- The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.
- In addition the right of withdrawal is excluded in the following cases:
- orders of tailored or clearly personalized Products (e.g. wallpaper);
- orders of sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
9.8 Many of the items sold on www.artemest.com are made especially for you after you place your order. No returns or exchanges will be accepted on the following items, exceptions are indicated on each product page. For example, sales of the following items are considered final:
- Customized items
- Made to Order items
Specific policies will be indicated on each product page.
10. Our liability: your attention is particularly drawn to this clause
10.1 Nothing in these General Terms and Conditions limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be limited or excluded by law.
10.2 Subject to clause 10.1, our total liability to you for all losses arising under or in connection with the Contract with you will in no circumstances exceed the price of the Products.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13. Suspension Of Service
13.1 Vendor reserves the right to suspend temporarily, without any preventive notice, the provision of the Site and the services for the strictly necessary period for technical interventions deemed necessary and suitable in order to improve services quality.
13.2 Vendor may interrupt the provision of the service at any time, in case motivated security reasons or confidentiality violations occur, giving in this case communication to the Client.
14. Site Contents and Intellectual Property Rights
14.1 Any contents of the Site, including, as a way of example, works, sounds and videos, images, pictures, dialogues, music, documents, drawings, figures, logos and any other material, in any format, are protected by copyright and by any other intellectual property right owned by Vendor and the other rights' owners. Reproduction, modification, duplication, copy, distribution, sale or any exploitation of images and of the Site contents is strictly forbidden, if not authorized in writing in advance by Vendor.
14.2 This Site is for personal non-commercial use only. The Client may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, software, products, or services contained within this Site. The Client may not use this Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity.
14.3 All distinctive signs that characterise the products/services published on the Site are registered trademarks of the respective owners and are used by Vendor being owner and/or authorized licensee, only in order to distinguish, describe and advertise the products/services published/on sale on the Site.
14.4 Any usage of the abovementioned distinctive signs that does not comply with the law and that is unauthorized is prohibited. It is not allowed to use any distinctive sign available on the Site in order to take undue advantage by the distinctive signs themselves or by their reputation or in any way that may be detrimental for them or their owners.
14.5 Under no circumstances can the Client alter, change, modify or adapt the Site, nor the material provided by Vendor. The Client cannot bypass the technical limitations present in the software, translate, decrypt, decompile or disassemble the software, nor try to gain access to the source code of the software or to create derivative works based on the software, publish the software in order to consent to others to duplicate it, to rent, sub-license, financial lease or loan the software.
15. Errors and Limitation of Liability
15.1 Vendor cannot guarantee that the Site will operate continuously, without interruptions or without errors or malfunctioning linked to Internet connection. Although Vendor will try to do everything possible to ensure regular access to its Site, the dynamic nature of the Internet and its content may not allow the Site to operate without any suspensions, interruptions or discontinuity linked to updating the website.
15.2 Vendor does not make any representations, warranties or guarantee beyond what is granted with these General Terms and Conditions: it is understood that the Client will use the Site under his full and exclusive responsibility and that the use of the Site must comply with all the instructions provided by Vendor.
15.3 Vendor does not grant in any way the accuracy and/or newsworthiness of the contents of the Site.
Information relating to the Products provided through the Site are constantly updated. However, it is not possible to guarantee the complete absence of errors.
15.4 Vendor reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice.
16. Governing Law and Competent Jurisdiction
16.1 The General Terms and Conditions and each Contract is governed by Italian law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Milan courts.
16.2 The United Nations Convention on Contracts for the International Sale of Products is expressly and entirely excluded.
17. Amendments and updates
The General Terms and Conditions may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Sale shall be effective as of the date of publication on artemest.com and shall therefore apply to orders submitted after that date.
Pursuant to Article 1341 and 1342 of the Italian Civil Code, the Client expressly accepts the provisions under Sections 2 (Registration);4 (Guarantees and Product Price Indication; 6 (Shipping and delivery of the Products); 7 (International delivery and import charges);9 (Return and refund), 10 (Our liability), 11 (Events outside our control), 13 (Suspension Of Service), 14 (Site Contents and Intellectual Property Rights), 15 (Errors and Limitation of Liability); 16 (Jurisdiction).