Terms and Conditions of Sale

Scope of application and identity of the seller

These general terms and conditions exclusively govern the sales contracts entered into by consumers, meaning as such the persons so qualified by article 3, par. 1, lett. A) of the Italian Legislative Decree No. 206 of 6 September 2005, namely any natural person who is acting for purposes which are outside his/her trade, business or profession.

If the customer is a person who buys from this site as part of his/her trade, business or profession, the legislation governing the sales contract between business entities under Italian jurisdiction will be applied, with the application of Italian law regardless of the customer’s nationality.

The site www.esperienzedicuoio.com is owned by “ValMan.Art creazioni in cuoio di Valerio Manieri” (hereinafter, ValMan.Art, otherwise referred to as the “Seller”), based in Crespellano, 40056, Valsamoggia (BO), Via Caduti Libertà 4 – Company Register of Bologna no. BO 561592, Tax ID MNRVLR73T04A944C and V.A.T. No. 03998031201.

General conditions of Sale

When placing an order on the online shop www.esperienzedicuoio.it, the customer declares to have read all the information provided during the purchase procedure and to fully accept these general conditions of sale and payment, which the customer has to read carefully beforehand; the customer also declares to be of legal age and in any case to have the legal capacity and the capacity to stipulate a valid and effective sales contract.

During the completion of the online purchase procedure, the customer undertakes to print and preserve these general conditions which, moreover, the customer shall have already read and accepted as a mandatory step to purchase, as well as the specifications of the product purchased, pursuant to articles 3 and 4 of the Italian Legislative Decree No. 185 of 22 May 1999.

Any changes to these general conditions of sale will be valid from the moment of their publication on the site and will be in force for all orders placed from that moment on.

The sales contract is binding and is considered effective only from the moment in which the Seller sends an order confirmation by e-mail.

The price applied will be that indicated on the website on the date of the order.

Any right of the customer to compensation for damages or indemnification, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order is excluded.

Purchase method

The customer purchases the product, the characteristics of which are illustrated online in the relevant descriptive sheets, at the price indicated therein to which must be added the shipping and packaging costs specified on the site.

The images of the products are purely illustrative; depending on the software or other IT tools used by the customer when connecting to the site, the color tones of the product may not be displayed correctly. The Seller does not assume any responsibility for problems caused to the customer by the use of the site and the technologies employed.

Each order placed through this site constitutes a contractual proposal formulated by the customer, which binds the customer to the stipulation of a sales contract with “ValMan.Art” if the proposal is accepted by the Seller by confirming the order.

The Seller expressly reserves the right not to accept the order, and therefore not to complete the sales contract, if there are insufficient guarantees of payment solvency, if the orders are incomplete or incorrect, or if the products are no longer available.

In the aforementioned cases, the Seller will promptly inform via e-mail that the order has not been confirmed, and that therefore the contract has not been concluded, specifying the reasons.

Please note that the products sold on this site consist of artistic products and unique pieces, therefore the colors, shapes, fabrics textures, etc. of the products supplied may not be perfectly identical to the samples on the site: this feature guarantees the artisan quality and uniqueness of the creations of “ValMan.Art”, which does not mass-produce but realizes tailor-made products. Therefore, the presence of any product on this site does not confirm or guarantee that such good will be available when the customer places the order.

If the customer has ordered a plurality of products, the unavailability of one of them will not give the customer the right to cancel the entire order.

Terms of payment

In order to guarantee the security of payments, “ValMan.Art” makes the payment solution available to the customers through the PayPal telematic service.

The confirmation of the successful outcome of the transaction and, therefore, of the payment of the order, will be sent directly online and/or via email by the PayPal service.

If the customer does not receive this confirmation, it is possible that the transaction was not successful and that, to make the payment, the same must be repeated. In these cases, if after 48 hours from the date of payment, the customer does not receive any e-mail, even from “ValMan.Art”, the customer, before making a new payment, must check with the Seller about the success or failure of the payment.

“Customized products” or “made-to-order products”

In the case of “customized products”, namely products which are made upon customer specifications other than those proposed on this site, the times of realization are those that the Seller will have indicated by e-mail following the confirmation of the order.

In the case of “made-to-order products”, the production times are those indicated on the product description sheet. As the products are entirely handmade and not mass-produced, the production times are the technical times for the realization of the requested product according to the specifications listed when completing the order.

In both of the aforementioned cases, the times indicated are to be considered entirely indicative and dependent on the workload and the period in which the order is placed and, in any way, they can not represent a valid reason for withdrawing from the order.

Product delivery

The delivery of the purchased products can only take place to the postal address specified by the user in the order form, by courier or postal service. Please visit the “FAQ” page under “Shipping” for further details.

The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompetence in the completion of the purchase order by the customer.

Delivery costs are charged to the customer and may vary depending on the delivery address and the type of product ordered.

However, they are always clearly indicated in the shopping cart during the purchase procedure.

Upon delivery, the customer must check the content, the compliance and the status of the products. If the package is seriously damaged in such a way that its contents have also suffered damages, the customer can refuse the delivery of the goods by indicating the clause “I refuse the goods for damaged packaging” on the courier’s transport document. Within 48 hours of receipt of the goods, the customer must notify the Seller of the fact by email at the address: valmanart@esperienzedicuoio.com. In the absence of such communication, the Seller reserves the right not to accept any complaints.

In the event of damaged goods, the Seller reserves the right to request the return of the product after sending a photograph with a description of the damage by email.

The purchased products will become the property of the customer upon receipt. As soon as they are delivered to the customer, the customer will become responsible for them even in the event of any loss or damage suffered by it starting from that moment, and also in the event that he/she validly exercises the right of withdrawal.

The transfer of risks from the Seller to the customer takes place at the time of delivery of the product by “ValMan.Art” to the courier. Therefore, in cases of delays, breakdowns, total or partial losses or other problems related to transport, the customer may claim against the courier, without the Seller being held liable for the incident.

Guarantees

The products purchased through the site www.esperienzedicuoio.com are subject to the discipline, as far as applicable, of the Italian Legislative Decree No. 24 of 2 February 2002 (Official Gazette No. 57, 8 March 2002) on sales contracts and guarantees concerning consumer goods and, to the extent not contemplated therein, to the specific relevant provisions of the Italian Civil Code. This guarantee will apply to the product that has conformity defects and/or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence, that is, in compliance with its destination and as provided in any technical documentation, in compliance with the various operating rules indicated therein. The aforementioned guarantee will not be applicable in the event of negligence, carelessness in the use and maintenance of the product.

Right of reconsideration

The order can be canceled by the customer via e-mail communication no later than 24 hours later. If the customer does not take any action within the foreseen times and methods, the contract is to be considered concluded. If the price has already been paid, ValMan.Art will arrange the refund within 7 working days of the cancellation confirmation and, in any case, not before receiving the confirmation of payment.

Right of withdrawal and methods

The customer who is not satisfied with the purchase made can exercise the right of withdrawal within 7 working days of receipt of the goods, pursuant to and within the limits of the Italian Legislative Decree No. 185 of 22 May 1999.

To exercise the right of withdrawal, the customer must send a written communication by registered letter with acknowledgement of receipt to the following address:

ValMan.Art

Via Caduti Libertà, 4

40056 – Crespellano (BO)

Italy

and in copy by email to valmanart@esperienzedicuoio.com

In this communication, the customer must also indicate his/her IBAN code, correct and complete with every detail necessary for crediting of the amount to be refunded.

The right of withdrawal is subject to the following mandatory conditions:

– the right applies to the product purchased in its entirety and totality;

– the right of withdrawal does NOT apply to “customized products” or “made-to-order products”;

– the purchased good must be intact and returned in the original packaging, complete in all its parts; it must not have functional defects that may be attributable to willful misconduct and gross negligence of the customer, such as scratches, breakages and signs of wear;

– the shipping costs relating to the return of the goods are completely at customer’s own expenses;

– the shipment is under the sole responsibility of the customer, until the certificate of receipt in our office is received;

– in case of damage to the goods during transport, “ValMan.Art” will notify the customer of the incident (within 5 working days of receipt of the goods), to allow the customer to promptly file a complaint against the courier chosen by the same and in any case act in the courier regards; in this case the product will be made available to the customer for its return, and the withdrawal exercised by the customer remains invalid and ineffective;

– the goods subject to exercise of the right of withdrawal must be returned to “ValMan.Art” within 15 calendar days from the date of authorization for return, after this deadline the return and withdrawal will be invalid and ineffective.

If the Seller finds that even only one of the aforementioned conditions has not been respected, or in any case that the withdrawal has been exercised after 7 working days from receipt of the goods, the right of withdrawal cannot be exercised, the Seller will not refund the purchase price and will make the product available to the customer, who can take it back at its own expenses and care.

If all the conditions for valid withdrawal are met, the Seller will refund the price to the customer within 15 working days of receipt of the goods, upon customer written request and by bank transfer. Alternatively, the customer can use the sum for the purchase of another item present and available on the virtual shop.

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