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DEFINITION AND OBJECT OF THE CONTRACT
1.1. This contract (“Contract”) is a distance contract within the meaning of Articles 45 et seq. of Leg. September 6, 2005, no. 206 (“Consumer Code”) in the case of consumer customers under Article 3 of the Consumer Code or, otherwise, a contract of sale under Articles 1470 et seq. of the Civil Code.
The subject matter of the Contract is the sale of movable property between TELEARTE S.r.l. (hereinafter “TELEARTE”), with registered office in Rome, Via Sebastiano Ziani 54, C.F. no. 06062321002, registered with the Companies Register of Rome and the client (the “Client”). The Contract is concluded directly through TELEARTE’s acceptance of a reservation issued by the Customer by telephone or through the website www.teleartetv.it, following the invitation to bid contained in the television broadcasts, or on the website.
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PRICES
2.1. Prices of products shown during TELEARTE television broadcasts and on the website www.teleartetv.it are given in euros and include VAT and all other taxes. Delivery charges are indicated during television broadcasts, by telephone, and on the website www.teleartetv.it, Shipping section. The price payable by the Customer is the price applicable at the conclusion of the Contract.
2.2. If an incorrect price has been advertised, TELEARTE will contact the Customer to verify whether they still intend to proceed with the purchase of the product at the correct price. If the Customer does not wish to proceed with the purchase, or TELEARTE is unable to contact the Customer, TELEARTE will cancel the order. TELEARTE is not obligated to sell the product at the wrong price if the error was cognizable to the Customer by ordinary diligence. Any pricing information is available on the website www.teleartetv.it or by contacting TELEARTE.
2.3. TELEARTE as far as taxes are concerned works in the “margin” vat regime i.e., the margin regime is a special VAT regime aimed at regulating the sales of used goods by traders, who have purchased the same goods from private parties.
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MODE OF PURCHASE AND PAYMENT
3.1. TELEARTE may, in its sole discretion and without any liability to the Customer, reject the reservation received from the Customer. If the Customer intends to purchase products that are no longer available, TELEARTE will notify the Customer.
3.2. The customer will be able to pay by (a) main credit/debit cards upon notice by the customer to TELEARTE Customer Service (06.87911980) or otherwise to the telephone switchboard of TV broadcasts (06.39744494) or offices (06.81157093); (b) marking; (c) cash up to the maximum threshold allowed by law; (d) bank check payable to: TELEARTE Ltd; (e) bank transfer to:
TELEARTE Ltd:
Bank: Banca Popolare di Novara
Account number: 00216/0000006584
Branch Code: ROME AG. 19
IBAN: IT96F0503403223000000006584
BIC: BAPPIT21216
In case of payment by credit/debit card or bank transfer, TELEARTE will ship the products only after receiving authorization of payment and, failing that, will not proceed with shipment. In case of payment by cash on delivery, TELEARTE will normally ship the products within 2-3 working days from the agreement made with the offices of TELEARTE.
3.3. Further information on payment methods is available by contacting TELEARTE or on the website www.teleartetv.it, Payments section. TELEARTE may retain and use the Customer’s credit/debit card information for any subsequent future purchases and to process any refunds, as provided in the Data Processing Notice available on the website www.teleartetv.it, Privacy-policy section.
3.4. On certain products and/or for limited periods, TELEARTE offers the option of requesting payment in monthly installments (“Financing” – see Payments section). For products for which “Financing” is available, notice will be given during TV broadcasts in overlay or verbally by presenters, switchboard operator, and on the website. With “Financing,” financing practice fees are due with the first installment while shipping fees will be separate. In case of “Financing”, the Customer shall inform TELEARTE in case of change or expiration of the credit card or in case it is no longer valid. TELEARTE will have the right not to grant payment in the Financing mode in which case it will inform the Customer.
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DELIVERY OF PRODUCTS
4.1. TELEARTE delivers products throughout Italy, including San Marino and Vatican City. More information is available by contacting TELEARTE or on the website www.teleartetv.it Shipping section.
TELEARTE cooperates with shipping partner Mail Boxes Etc. for deliveries on reservations below the amount of € 1,000.00, which will be monitored by TELEARTE Customer Service (tel. 06.87911980) and handled within 3/5 working days (excluding Sundays). These terms run from the authorization of payment (in the case of payment by credit/debit card), or from the date of conclusion of the Contract (in the case of payment by cash on delivery).
TELEARTE generally delivers by appointment with the Client, for bookings over the amount of € 1,000.00.
4.2. Unless otherwise agreed, TELEARTE delivers to the address provided by the Customer at the time of registration. In the case of multiple orders placed on the same day, where possible TELEARTE will deliver all available products ordered on the same day by charging a single shipping charge.
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OBLIGATIONS OF THE CLIENT
5.1. The Customer represents and warrants: (i) to be of legal age; (ii) that the data provided by it for the performance of the Contract are correct and true.
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CONSUMER’S RIGHT OF WITHDRAWAL
6.1. The Customer, if he/she is a consumer within the meaning of Art. 3 of the Consumer Code, has the right to withdraw from the Contract, without penalty and without specifying a reason, within 14 days from the day on which the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the goods. The Customer may exercise the right of withdrawal by contacting Customer Service at 06.87911980 or e-mail servizioclienti@teleartetv.it. For this purpose, the Customer may use, but is not obliged to do so, the withdrawal form that can be downloaded at www.teleartetv.it in the Right of Withdrawal section (“Withdrawal Form”). The period within which the right of withdrawal may be exercised will be deemed to be met if the notice regarding the exercise of this right is sent before the expiration of the withdrawal period. The Customer has the right to withdraw from the Contract provided the product is returned substantially intact. The Customer who intends to avail himself of the right of withdrawal must ship the products without undue delay and in any case within 14 days from the day on which he communicated to TELEARTE the decision to withdraw from the Contract by registered letter A/R to be sent to TELEARTE S.r.l. Piazzale Ammiraglio Bergamini 10 – 00136 Rome.
6.2. The return of the product through the exercise of the right of withdrawal in the aforementioned ways involves the refund of the consideration for the product purchased as well as, in the case of full return of the order, the shipping and cash on delivery costs, if any, while the direct costs of returning the product will be borne by the Customer. TELEARTE is not obligated to reimburse the Customer for any additional costs resulting from the Customer’s choice of a different and more expensive mode of shipment than the mode of delivery offered by TELEARTE. The refund will normally be made using the same payment method used by the Customer.
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GENERAL CLAUSES
7.1. TELEARTE may assign all, or part, of its rights and obligations under this Contract to third parties.
7.2. TELEARTE reserves the right to change these General Terms and Conditions without notice and without prejudice to sales made prior to such changes. Any changes will be effective as of the date they are announced to the public and will apply to sales made on or after that date. The latest updated version of the General Conditions can be found on the website www.teleartetv.it.
7.3. The Customer’s personal data are processed by TELEARTE in accordance with the Data Processing Policy, available on the website www.teleartetv.it, Privacy-Policy section.
7.4. This Contract is subject to Italian law. If the Customer is a consumer within the meaning of Art. 3 of the Consumer Code, jurisdiction for the resolution of any disputes arising from the interpretation, execution and termination of the Contract shall be vested in the courts of the place of residence or domicile of the consumer himself, if located in Italy.
7.5. Customer Service is available from 9:00 a.m. to 3:00 p.m., Saturdays from 9:00 a.m. to 1:00 p.m., 6 days a week (except December 24-25, December 31, January 1, Epiphany, Holy Easter Day and Angel Monday, May 1, August 15 and November 1) at 06.87911980 or e-mail servizioclienti@teleartetv.it. You can also contact TELEARTE by mail at:
TELEARTE Ltd.
Admiral Bergamini Square 10
00136 Rome.