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TERMS OF SERVICE GENERAL CONDITIONS OF SALE AND OF UTILIZATION

Article 1. SCOPE

The general conditions of sale detailed below (hereafter designated "Terms of service - General Conditions"), govern the contractual relations between each user of the site GustoRobusto.com (hereafter designated the "User" or "You") and the commercial brand Gusto Robusto belong to the corporation Manifactory snc di Rado Anna, Francesco Sposato & C. with capital of 400 EURO, whose registered office is located at 30, via Don Minzoni  - 31022 Preganziol (TV) ITALY and registered at the register of commerce and corporations of Treviso under the number REA TV341454 P.IVA 04334800267 (hereafter designated "Manifactory snc").

These general conditions of sale are the only applicable and replace all other conditions, except preceeding derogation, explicit and written. Manifactory snc can punctually modify certain of the dispositions of its general conditions, also it is necessary that these be reread before each visit to the site GustoRobusto.com (hereafter designated "Site"). These modifications are opposable starting from the date of their instatement online (the date of their instatement online figuring at the end of the present conditions) and cannot be applied to contracts concluded anteriorly. Each purchase on the Site is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. In accessing the Site, you commit yourself to respect the present conditions.

It is specified that the present conditions govern the sales of the illustrations and frames of GustoRobusto on the Site. These conditions are applied, at the exclusion of all other conditions, notably those in vigor for the sales in GustoRobusto galleries or in the companies which distribute the illustrations of GustoRobusto.

 

Article 2. UTILIZATION OF SITE

To use the Site, You must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Conditions. You guarantee the truth and exactitude of the information provided by Yourself, on this Site.

GustoRobusto reserves itself the right to annul or to refuse the order of a client with whom there would exist a litigation relative to the payment of an anterior order.

The Site is available in the English, and Italian languages. The language of the Site is in function of the language of Your internet navigator. If the language of your internet navigator is not one of the 2 languages above, the language of the Site will be English. You can modify the choice of the language on the homepage of the Site.

1) Essential characteristics of the products

The products sold on the Site are art illustrations numbered and in limited edition, and frames and GustoRobusto gift certificates.

The illustrations are offered in one or several formats and mountings, according to the agreements made between the illustrator or his or her representatives and GustoRobusto. The illustrators are accompanied by a biography of the artist and a guarantee of authenticity in English or Italian.

Only one gift certificate is accepted per order. The gift certificate cannot serve for different orders: it must be used only once. Any remaining balance cannot be recovered. The gift certificates are non exchangeable and non reimbursable.

It includes Italian IVA 22% for Italians and european privates but excluding other kind of taxes and shipping fees.

The currency in which the prices are indicated is Euro.

In the case of a delivery to a country other than the Italy, you are the importer of the work or works concerned. For all the works expedited to destinations outside of the Italy, the customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded.

These duties and sums do not result from the jurisdiction of GustoRobusto or Manifactory snc. They will be at your charge and result in your entire responsibility as much in terms of declarations as in the payments to the authorities and the competent organizations of your country. We advise you to inform yourself about this according to your local authorities.

GustoRobusto reserves the right to modify its prices at all moments. The works will be billed on the basis of the price list in vigor at the moment of the registration of orders, under the reserve of availability.

The works rest the property of GustoRobusto until the complete payment of the indicated prices.

2) To effect an order

To effect an order, You should at the minimum pass through the following steps:

•    Consultation of the information page presenting the illustration. On this screen You can choose the format and the support among those offer for this illustration. The state of stock is indicated (in stock / available in a few days / in preorder available for 1 month / out of stock). You must click on «Add to cart» in order to add this article to your shopping cart.

•    Screen «Cart» you have the possibility to delete an article or to modify the quantities ordered;

•    identification or of the creation of a client account

•    choice of the mode of delivery

•    choice of payment. This screen allows you to choose your mode of payment 

•    Screen of summary  and to verify the different elements constituting your order (articles, quantity, mode of delivery, total price). You must insure that all these elements are in conformity with your order. Because of the links on this screen, You have the possibility to modify your order.

•    You must afterward accept the terms of service with general conditions of sale in order to pass to the payment step. The conditions are available for reading and for printing from the link «terms of service - general conditions of sale». Their acceptation is effected in checking the box attached to the link to these conditions. The terms of service and  general conditions of sale must be accepted at each order.

•    You pay for your order by the method of payment chosen.

•    The contract is concluded upon the confirmation of the payment by the bank or paypal.

•    The Site sends you a confirmation of your order by email in the minutes that follow.

3)    Methods of payment

•    Paypal with or without PayPal account (you can use your PayPal account or you can use your credit/debit cart -for example Visa, MasterCard or AmericanExpress- on PayPal even if you haven’t a PayPal account)

4)    Security of payments

For the payments by credit card, the transaction is effected by PayPal.

Your bank information (number of card, expiration date….) is not communicated to GustoRobusto.

5)    Proof

The information registered by the Site constitutes the proof of the entirety of transactions effected between the Site and its clients.

6) Delivery

Processing of orders

Orders of illustrations indicated «in stock» that are effected from Monday to Friday, outside of holidays, are expedited within 48 working hours. In other cases, the orders are expedited on the following workday.

The entirety of the works ordered is sent in one single order.

The works noted «available under X days» will be expedited in an average of X days.

The works noted «out of print» can no longer be ordered.

Shipping address

GustoRobusto delivers almost everywhere in the world.

The delivery will be effected to the billing address that you will validate at the moment of the order as being the «bill to address», but you can indicate a different address unchecking “Use for the shipto same as billto address”.

Change of shipping address after the effectuation of the order is not often possible for logical reasons. You can always contact us at info@gustorobusto.com, if you wish to change the shipping address, we will study the possibilities in function of your order.

If You are a Company you can indicate Company Name and your VAT Number (or Partita IVa for Italian companies) in order to receive the invoice that will be shipped as original with the pack.

If you are a Private Person you can indicate your tax code (or “Codice Fiscale” for Italian people) in order to receive the invoice.

Modes of deliver and transit times

The possible modes of delivery depend on the quantity, the size of the article(s) ordered and the destination country. If your order comports articles of different sizes, it is the size of the largest article that is taken into account. When it’s possible, GustoRobusto gives you more options to choose the transporter.

The delivery date depends on the state of the stock, the date of expedition of the order and the transit time for delivery established by the mode of delivery.

The delivery of items «in stock» will be effected in the indicative transit times mentioned, and at the latest 15 days following the ordering, except in the case of a force majeure.

The respect of the transit times depends on our transporter. In consequence, no request for indemnification, whatever nature it may be, will be able to be claimed by the client.

Shipping fees

The shipping fees vary according to the destination and the mode of delivery as well as the number and the format of the works ordered. The details of the shipping fees are available at the shipping page.

Reception of the delivery

Upon the reception of your order, it is your responsability to open the package to verify the state of the delivery.  

In the case of a problem, please give your package back to the deliverer stipulating the problem encountered and contact us using customer service’s page on the same day. 

The reception of the objects transported extinguishes all action against the transporter for damage or partial loss if within the three days, holidays not included, which follow that of this reception, the recipient has not notified the transporter, by an extrajudicial act or by registered letter, his delineated protestation. (art L 133.3 of the code of the Commerce).

7) Right of revocation

In conformity with the legislative Decree 21/2014 (June 2014 13rd) and article 68 of the code of consummation, You dispose of a right of revocation for the return of a work that does not suit you. This right is not applied to gift certificates or orders made by companies.

For all orders on the Site, you dispose of a period of 14 calendar days to notify us of your request for a return. For this, please contact us (info@gustorobusto.com) that will indicate to you the return address and then you will dispose of a period of 14 days to return to us your order.

No "shipment for reimbursement" will be accepted, for any reason.

Articles returned without their original packaging or incomplete, spoiled, damaged, or dirtied by the client are not reaccepted.

GustoRobusto will reimburse You the price of the illustrations as well as the original shipping fees (the return shipping fees resting your responsibility) in a period of 14 days following the reception of the order by GustoRobusto, by credit in the bank account having served for payment, by check or by gift certificate, according to the mode of payment used at the time of the order.

8) Right to return

In the case that the works received do not conform to the order, you dispose of a right to return. In this case, please contact us so will indicate to you the return address and the procedures of return.

GustoRobusto will effect the exchange of the damaged article, within the limitation that the stock is available. In the case that an article is no longer available, GustoRobusto will offer you another article of an equivalent sum.

In the case of the exercise of the right to return the shipping fees of the return and of the new shipment will be assumed by the client.

9) Customer service and claims

For any information or question, you can contact us at info@gustorobusto.com. We will be very happy to give all the information that you wish about our works and your order.

 

Article 3. FORCE MAJEURE

GustoRobusto will not be able to be responsible or considered as having committed misfeasance in the processing of your file, if any delay or inexecution result from a case of force majeure.

 

Article 4. PROTECTION OF PERSONAL INFORMATION - DATA PROTECTION

The Customer agrees to the reasonable processing of personal data (as defined in the Data Protection Act 1998) by GustoRobusto for the purposes of processing the Customer's Orders and delivering the Artwork to the Customer. In processing personal data, GustoRobusto will comply with all relevant legislation, including but not limited to the Data Protection Act 1998.

In function of your choices at the time of the creation or of the modification of your account, you will be susceptible to receive the offers of our company. If you no longer wish it, you can modify these choices in your Client account on the Site or in writing us at the address here below.

In application of the law #78-17 of January 6th 1978 relative to the information technology and civil liberties, You dispose of a right of access, of modification, of rectification, and of suppression of the information that concerns you. You can exercise this right in sending a letter to the following address :

Manifactory snc

Via Don Minzoni 30/9 

31022 San Trovaso di Preganziol (Treviso) 

ITALY

You can equally consult or modify your personal information in «My account» on gustorobusto.com.

 

Article 5. RESPONSIBILITIES AND GUARANTEES

The company Manifactory snc makes great efforts to assure to the best of its abilities, the exactitude and the updating of the information diffused on this site, of which it reserves the right to correct, at all moment and without advanced notice, the content. At all times, the company Manifactory snc can not guarantee the exactitude, the precision, and the exhaustively of the information put at disposition on this site.

In consequence, the company Manifactory snc declines all responsibility for all interruption of the site, all incidence of bugs, all inexactitude or omission concerning the information available on the site, all damages resulting from a fraudulent intrusion of a third party having brought about a modification of the information put at disposition on the site.

This site can contain links to other sites. The company Manifactory snc cannot be held responsible for the problems of access or for the contents of these sites.

Manifactory snc will not be responsible for damages resulting from the utilization or of the impossibility of the utilization of the Site.

Manifactory snc will not be in any case responsible for dysfunction imputable to software programs, which may or may not be incorporated into the Site or provided with it.

Manifactory snc commits itself to respect all the legal guarantees over which You could prevail. The works presented on our site being in conformity with the prescriptions of Italian law, we will not be held responsible for the violation of legislation proper to the country of delivery. In consequence, we invite You to consult the law in vigor in the country of delivery.

 

Article 6. INTELLECTUAL PROPERTY

1) Rights concerning the work

The artist, because of having taken the initiative of his creation, remains the bearer of the rights of author of his or her work, as defined by Italian law. The rights of representation and of reproduction of the works presented on the site gustorobusto.com belong to their authors and to Manifactory snc. Their conjoint authorization is necessary for all exploitation of these rights. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction.

2) Intellectual property right

All the elements present on the site and the site in itself are protected by the right of the author, right of trademarks, of designs, and models and/or all other intellectual property rights. By item, which we understand to be non-exhaustive: the photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs…These articles belong to the company Manifactory snc or are utilized with the permission of their owners.

Therefore, all reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorization of Manifactory snc, besides the exceptions endorsed in the law 633 of April 22nd 1941 relative to the intellectual property.

 

Article 7. JURISDICTION

 

The present conditions are governed by Italian law. In the hypothesis that litigation would be born out of the present contractual relation, the User and Manifactory snc commit before any judiciary action to search an amiable solution. In the case of litigation, the Italian  tribunal in Treviso will be main competent.