General terms and conditions of sale
online purchase on the website www.christianeperrochon.com
“Catalog”
Premises
The offer and sale of the items through the website www.christianeperrochon.com “Catalog” are settled by these general terms and conditions of sale.
Before submitting the purchase order, the buyer is committed to carefully read these general terms and conditions of sale. By submitting the order’s form the buyer declares the complete acknowledge and express acceptance of these general terms and conditions of sale.
If the general terms and conditions of sale will be changed, the purchase order will be settled by the general terms and conditions of sale published on the website www.christianeperrochon.com at the moment of the submission of the order’s form by the buyer.
1) Definitions
1.1) Contract: the buy and selling contract concerning the seller’s movable tangible property entered into between the seller and the buyer as part of a distance selling system through telematic instruments, organized by the seller and settled by these general terms and conditions of sale.
1.2) Buyer: the natural person who purchases the seller’s movable tangible property subject matter of this contract.
1.3) Seller: the individual stated at article 2.
1.4) Items: the movable tangible property stated at article 3.
1.5) Site: the internet website www.christianeperrochon.com
1.6) Atelier: the Seller’s artisan laboratory where Christiane Perrochon and her assistants work.
1.7) Catalog: the areas of the Site reserved to the registered users that can be used for order and purchase items realized with characteristics expressly required by the Buyer.
2) Seller
2.1) The items are sold by the Christiane Perrochon s.r.l., with registered office in Bucine, (AR), località Castiglion Alberti 53, registered to the Chamber of Commerce of Arezzo with number REA AR-150418, fiscal code e vat number 01938980511, telephone +390559910320, fax +390559910321, email info@christianeperrochon.com.
3) Contract subject matter
3.1) Through this contract the Seller sells and the Buyer purchases on distance through telematic instruments the items crafted by the artist Christiane Perrochon and commercialized online by the Seller through the Site.
3.2) All the items are handcrafted by Christiane Perrochon and her assistants with the techniques described in Section ADDE of the Site. Due to the totally handcrafted production, both in terms of shaping and glazing, there can be slight differences between one item and another and the measurements indicated in the Site are only approximate; such slight difference do not represent flaws, but special characteristics of the items.
3.3) Items purchased through the “Catalog” are exclusively realized on the buyer’s order, with the characteristics expressly required by the buyer.
3.4) Possible minor aesthetic flaws, not affecting the item’s usability and the buyer’s safety and due to the handcrafting techniques described in the Site at page ADDE can’t be considered items flaws under point 13 of these general terms and conditions of sale.
4) Items order procedure
4.1) The items order can be done exclusively through the order’s form included in the “Catalog” of the Site.
4.2)The submission of the order’s form and the concurrent acknowledgement of these general terms and conditions of sale represent an items purchase offer.
4.3) Within 5 (five) days from the submission of the order’s form the seller will send to the buyer a confirmation e-mail (order’s confirmation) to the address indicated by the buyer in the order’s form. In the e-mail the seller will indicate the estimated day of the items crafting and delivering to the shipping company, within the 3 (three) months deadline stated by article 8; in the same email the seller will confirm the shipping fees (if the shipping company is chosen by the seller) and the price of the ordered items.
4.4) The buyer commits itself to verify the accuracy of the information included in the order’s confirmation and to inform the seller of possible inaccuracies at the e-mail address info@christianeperrochon.com within 5 (five) days. Lacking a prompt notice, the information included in the order’s confirmation will be considered correct and the buyer will be subject to additional charges charged in case of later changes.
4.5) If, under his unquestionable decision, the seller considers impossible to craft the ordered items, within 5 (five) days he will send a notice of the order’s cancellation to the email address indicated by the buyer in the order’s form; in case such notice is dispatched the buyer’s purchase offer loses its effect.
5) Enter into force and effectiveness of the contract
5.1) The contract enters into force when the buyer receives the order’s confirmation sent by the seller to the email address indicated in the order’s form.
6) Buyer’s commitments
6.1) The buyer commits itself to pay the item’s price with times and procedures stated at following article 7.
6.2) After concluding the online purchase procedure, the buyer commits itself to print and keep a copy of these general terms and conditions of sale together with a copy of the order’s confirmation.
7) Procedure for payment and invoicing
7.1) The payment by the buyer can be done online, with a credit card or with a bank-transfer, in both cases following the procedures indicated on the Site.
7.2) Price must be completely paid within 14 (fourteen) days from the order’s confirmation receiving, unless different time limits are indicated in the order’s confirmation.
6.3) The seller will issue the invoice for the purchased item within 7 (seven) days from the payment. The invoice will be issued using the information indicated by the buyer in the order’s form. No change of the information will be possible after that the invoice has been issued.
8) Seller’s commitments
8.1) The seller commits itself to craft the items indicated in the order’s confirmation within 3 (three) months from the payment provided for article 7 and to deliver the items to shipping company within the deadlines stated by article 10.
9) Price
9.1) The selling price of the items displayed in the “Catalog” of the Site are indicated in Euro.
9.2) The selling price provided for the previous point is comprehensive of VAT, if due, and of any other possible tax or levy due according to the Italian Law.
9.3) Other possible obligation in case of trading in foreign countries other than Italy (for example, custom fees), if due, are not included in the selling price and they are at the buyer’s expense.
9.4) The selling price does not include the shipping fees provided for the following article 10.
10) Procedure, times and fees for shipping
10.1) In the order’s form the buyer will indicate if he will personally withdraw the items or if he will appoint a shipping company of his own trust; if the buyer doesn’t not have a shipping company of his own trust, in the order’s form he can ask to use the shipping company chosen by the seller. In any case, fees for collecting and shipping the items are at the buyer’s expense.
10.2) The seller commits itself to deliver the items to the shipping company within 5 (five) days from the deadline provided for article 8.1).
10.3) If the buyer uses the shipping company chosen by the seller, the shipping fees are pointed out at page ADDE of the Site and they will be highlighted in the order’s confirmation. The submission of the order’s form entails acknowledge and express acceptance of the shipping fees.
10.4) Items are packed by the seller using material that guarantees suitable stability and protection during transport, as displayed at page ADDE of the Site.
10.5) The seller will inform the buyer when the parcel is delivered to the shipping company by an e-mail sent to the address pointed out in the order’s form.
10.6) The seller is not responsible for possible additional shipping fees due to the wrong, inexact or incomplete pointing out of the delivery address in the order’s form or to the absence of the buyer (or other person suitable to collect the parcel) at the moment of the delivery by the shipping company. If one of these events occurs, the additional cost possibly applied by the shipping company is at the buyer’s expenses and it must be directly paid by the buyer to the shipping company; otherwise the additional fee will be charged by the seller on the buyer’s credit card indicated in the order’s form.
10.7) When the parcel containing the items is delivered by the shipping company, before signing the delivery receipt, the buyer is committed to verify the packaging integrity and the lack of any sign of damages. In case of signs of damages, the buyer is committed to accept the delivery with a “reservation”, pointing out and listing the damages identified. Accepting the delivery without a “reservation” entails express acknolewdge of the delivery regularity and of the lack of any damages to the items caused by the shipping.
10.8) However, within 24 (twenty-four) hours from the delivery, the buyer is committed to inform the seller of possible damages, by sending an email to the email address info@christianeperrochon.com. Lack of a prompt information represents express acknowledge of the absence of damages to the delivered items.
11) Insurance
11.1) In case the buyer uses the shipping company chosen by the seller, the shipping of the items purchased on the Site is covered by an insurance policy, undersigned by the seller in behalf of the buyer; the cost of this insurance is included in the price provided for article 9.
11.2) Terms and conditions of the insurance policy are indicated at page ADDE of the Site; by filling in and submitting the order’s form the buyer declares to completely understand and to expressly accept those terms and conditions.
11.3) The buyer is committed to fulfill the terms and condition of the insurance policy and to give the insurance company all the necessary assistance for the positive outcome of the compensation procedure.
12) Right of withdrawal
12.1) Items purchased through the “Catalog” of the Site are handcrafted under the specific instructions given by the buyer with the order’s form. Therefore, the right of withdrawal is excluded.
13) Responsibility from flaws: damage’s proof and reimbursable damages.
13.1) Regulation provided for this article will apply to the contract only if the buyer can be described as a consumer according to the d.lgs. 206/2005.
13.2) Under articles 114 and following of the Consumption code, the seller is responsible for damages caused by flaws of the sold item.
13.3) In the event of damages suffered as a consequence of the sold items flaws, the buyer must give written notice to the seller, indicating the item that caused the damage and the date of purchase; furthermore, he must give the seller the possibility to inspect the item, if still existing.
13.4) The seller can’t be found responsible for damages caused by a flawed item if the flaw is due to the compliance of the item to an imperative legal rule or to a binding provision or if at the moment the items was offered for sale the current scientific and technical knowledge didn’t permit to consider the item flawed.
13.5) No reimbursement will be given if the injured party was aware of the item’s flaw and of the risk that originated from it and nevertheless he voluntary subjected himself to it.
13.6) In any case the injured party must prove the flaw, the damage and the causal connection between the flawn and the damage.
13.7) However, damages to objects stated by article 123 of the Consume code will be reimbursable only if exceeding the amount of 387 (three hundred and thirty-seven) euros.
14) Responsibility restrictions
14.1) In the event that the seller is not able to execute the order within the contract’s time limits, he can’t be found responsible if the breach is consequence of inefficiencies due to a cause of force majeure.
14.2) In the event of an internet disruption or malfunctioning out of the seller’s control, the seller it is not responsable, except in case of malice or severe negligence.
14.3) Furthermore, in the event of non execution of contract due to causes non attributed to the seller, the seller itself won’t be responsible for damages, loss and expenses suffered by the buyer; in such an event, the buyer will be entitled only to the return of the entire price paid and of the possible additional taxes paid.
14.4) The seller is not responsible for contingent fraudulent or illicit use by third parties of the credit card, cheque or other payment methods used for the purchase if he proves he has used all the possible cares given by the best science and experience and according to the ordinary diligence.
14.5) In no case, the buyer will be considered responsible for delays or mistakes in the payment if he proves he has followed the terms and payment times indicated by the seller.
15) Warranties and assistance
15.1) Regulation provided for this article will apply to the contract only if the buyer can be described as a consumer according to the d.lgs. 206/2005.
The seller is responsible for any conformity flaw of the item that turns out within two years from the item’s purchase.
15.2) It is made clear that can’t be consider conformity flaws the item’s characteristics described at points 3.4), 3.5) and 3.6) of this contract.
15.3) The buyer decays from any rigth if he doesn’t notice to the seller the conformity flaws within the time limit of 2 (two) months accruing from the date of the flaws discovery.
15.4) In the event of conformity flaws the buyer will be entitled to ask for the termination of the contract.
15.5) The request must be noticed by e-mail at the address info@christianeperrochon.com and confirmed by certified mail at the address indicated at article 2.
15.6) Within 30 (thirty) days from the reception of the certified mail, the seller will notice to the buyer the acceptance or the refuse of the request by sending a dedicated notice at the address indicated in the certified mail mentioned on purpose ad point 14.5). If the seller accepted the request, the notice will indicate the items shipping or return procedures.
15.7) The reimbursement will take place according to what stated in article 11 of these general terms and conditions of sale.
16) Contract annulment
16.1) The buyer’s duties provided for article 5) and the guarantee of the successful conclusion of the payment that the buyer makes with the method provided for article 7), as well as the exact fulfillment to the seller’s duties provide for art. 9), have an essential character; therefore the parties expressly agree that the breach even to one only of those duties will entail the contract annulment under article 1456 of the civil code, without a previous judicial decision, except for the event that the breach is due to fortuitous chance or force majeure.
17) Privacy protection and buyer’s personal information process
17.1) The seller protects the privacy of his clients and guarantees to process the personal information according to the privacy’s rules provided for D.Lgs. 30th of June 2003, n. 196.
17.2) Personal registry and fiscal records obtained by the seller directly and or through third parties are collected and processed in hardcopy or with computer or electronic devices according to the process methods with the purpose of recording the order and initiate the procedures for the execution of this contract and the relevant notices, in addition to the fulfillment of the possible legal commitments, and in order to permit an efficient management of commercial relationships necessary to permit the complete of the service as better as possible (article 24, paragraph 1, letter b), D.Lgs. 196/2003).
17.3) The seller commits itself to process the information given by the buyer with confidentiality and not to disclose them to an-authorized person, nor to use them for purposes different from those according to which they were collected nor to transmit them to third parties. Such information can be displayed only under the request of a judicial authority or of other authorities entitled by the Law.
17.4) Subject to a previous non disclosure agreement, personal information will be transmitted only to persons appointed to the activities necessary for the contract’s execution and only for the accomplishment of that purpose.
17.5) The buyer is entitled to the rigths provided for article 7 of the D.L.vo 196/03 , that is the right to obtain:
a) the information updated or rectified or, if he has a specific interest, completed;
b) the information cancelled or transformed in an anonymous form or, in the event of information processed in breach of the law, blocked, even with regard to those information whose preservation is not necessary for the purposes according to which they were collected or later processed;
c) a statement that the operation mentioned at letters a) and b), comprehensive of it’s subject matter, have been noticed to those whom the information were transmitted or displayed, except in the event that such fulfillment is impossible or requires the use of means manifestly excessive with regard to the protected right.
Furthermore, the person interested is entitled to refuse:
i) for lawful reasons the process of information that concern himself, even if relevant to the purpose of the collection
ii) the process of personal information that concern himself for sending advertisement material or commercial messages or for accomplishing with researches about the marketplace.
17.6) The transmission of its personal information by the buyer is a necessary condition for the correct and prompt execution of this contract. Failing, it won’t be possible to carry out the buyer’s request.
17.7) In any case, the information will be stored for a period of time non superior to the one necessary for the purpose according to which they were collected or later processed. Their removal will be done with safely procedures.
17.8) Appointed to the collection and process of the personal information is the seller, to whom the buyer can send any request at the registered office address.
18) Contract’s filing procedures
18.1) Under article 12 of the D.L.vo 70/03, the seller informs the buyer that any order will be conserved in hardcopy at the seller’s registered office following privacy and security criteria.
19) Notices and complaints
19.1) Written notices to the seller and possible complaints will be evaluated only if they are delivered to the following e-mail address info@christianeperrochon.com.
19.2) The buyer indicates in the order’s form his residence or domicile, telephone number or e-mail address where he prefer to receive notices from the seller.
20) Disputes settlement and competent court
20.1) All disputes arising from this contract will be referred to the Florence conciliation board (Organismo di Conciliazione di Firenze - O.C.F.) and will be settled according to its rules.
20.2) If the parties want institute the ordinary judicial authority, the competent court for the possible disputes relevant to the interpretation or execution of this contract is the First instance court of Arezzo (Tribunale di Arezzo), reserved the enforcement of the binding provisions of D.Lgs. n. 206/2005 concerning the competent court for the buyer’s residence or elective domicile.
21) Enforcable law
21.1) The contract is ruled by the Italian Law.
21.2) According to article 60 of the D.L.vo 206/05, it expressly recalled the provisions of Part I, Headline III, Chapter I of the D.L.vo 206/05.
The buyer
Under and for the effect of article 1341-1342 of the civil code the buyer expressly declares to acknowledge and specifically approves articles 3, 4, 10, 12, 13, 14, 15, 16, 20 e 21.
The buyer