The General Terms and Conditions of Sales apply to the purchase of products carried out remotely via Internet on the website www.store.labiennale.org, which belongs to the Fondazione La Biennale di Venezia, registered REA n.136755.
Each purchase will be governed by the provisions of Leg. Decree 206/2005 and, in the matter of privacy protection, will be subject to the regulatory framework of Leg.Decree D.L. 196/03.
La Biennale di Venezia sells the products available on its website and does not produce them. The descriptions of the materials and composition of the fabrics are those indicated by the Manufacturer. La Biennale di Venezia is not responsible for any information incorrectly provided by the Manufacturing Company.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
By sending electronic confirmation of his purchase order, the Customer unconditionally accepts and pledges to abide, in his relations with store.labiennale.org, by the general terms and conditions of sale and payment transcribed below, declaring that he has read and accepted all the information provided, as required by the regulations mentioned above, and acknowledging that La Biennale di Venezia does not consider itself bound by any different conditions if they have not been agreed upon in advance in writing.
La Biennale di Venezia deems the contract to be definitively concluded at the moment the purchase order is accepted.
3. CUSTOMER OBLIGATIONS
These Terms and Conditions of Sale must be read in full online by the Customers of the La Biennale di Venezia website before confirming the purchase order. Transmission of the purchase order confirmation therefore implies full knowledge and acceptance of the Terms and Conditions of Sale. Upon completion of the online purchase procedure, the Customer undertakes to print and keep these Terms and Conditions of Sale, which he has already viewed and accepted during the purchase procedure, in compliance with Leg.Decree 206/2005.
4. HOW TO BUY
La Biennale di Venezia is an online book Site. The Customer purchases the products, available as illustrated and described online in the corresponding product details, at the indicated price, plus shipping costs if applicable, as specified below. The Products are accurately depicted and visualised on the Website as they are with their true characteristics.
La Biennale di Venezia is in any case unable to guarantee the exact correspondence to reality of the images and colours as they appear on the Customer’s monitor, if any discrepancies depend on the monitor. Before confirming the order, the Customer will be given a summary of the unit cost of each product he has selected, the total cost in case more than one item has been purchased, the shipping costs and if applicable the reversal of the VAT tax in the case of sales to non-European countries, or passive subjects in European countries.
By confirming the order, as the conclusion of the contract, the Customer will receive an email detailing the Number and Date of the order.
The prices of the articles indicated on the Website include the VAT tax. For purchases made from abroad, the VAT tax may be deducted from the total amount, depending on the legal status of the buyer and on current legislation. Prices may vary during promotions. The valid price for the purposes of the contract is the price indicated at the moment the purchase order is placed.
The purchase order is considered completed by “point and click” (pressing the confirm and/or accept key). If the order is filled out correctly, the Customer will receive a confirmation email containing the number of the Purchase Order. Otherwise, the purchase procedure must be repeated. By confirming the Purchase Order, La Biennale di Venezia undertakes to deliver the Products to the Customer, at the terms and conditions set out in these Terms and Conditions of Sale.
Once the order has been completed and paid by the Customer, the purchased merchandise is immediately processed, which means an invoice is emitted, the item is packaged and the courier arranged. The order can therefore not be revoked or cancelled and will be delivered to the Customer’s address.
If the Customer changes his mind, after receipt of the package, the merchandise in the order can be returned on condition the return is authorised (please read paragraphs 11 and 12).
Suggestions for purchases:
- Check that you have entered your Personal Information correctly: it is important that the address you have entered may easily be found by the Courier.
- The Express Courier makes deliveries in Italy Monday through Friday from 9 am to 7 pm circa. If the Customer has a preferred time slot for delivery, this preference must be specified in a note when completing the purchase order. The DHL courier will do his best to deliver at the specified time, but it is not compulsory.
- DHL does not take appointments for delivery and does not call to check whether the Customer is at home before delivering.
- In the event that the Customer is absent, the Courier will make another attempt at delivery, leaving notice each time he has come by.
- If you think you cannot be present for the delivery, please indicate your work address, or the address of relatives or friends.
- Hold storage is possible, but please contact us for further information before placing your order.
- Any deliveries to upper floors must be notified to La Biennale at the time of purchase, this is a supplementary service and must be paid extra.
- Check that you have provided the correct phone number and email address: should there be any problems with the fulfilment or delivery of your order, it is important that we be able to contact you to agree on any changes.
- In the days following the order, check your email: we may send you notices regarding the processing of your order.
Upon delivery of the merchandise, the Customer must check that the package is not damaged or the packing tape altered in any way. In the event of tampering and/or breakage, the Customer must immediately make a claim about the shipment and/or delivery by writing “Reserve to control goods” on the delivery document received from the Courier.
The Customer must then immediately report any damage by e-mail to the following address: firstname.lastname@example.org.
Payment for the purchased products and relative shipping costs must be made by the Customer before submitting the purchase order confirmation, using one of the accepted credit cards indicated online.
Accepted payment methods:
- Payment by credit card. Pay securely with your credit card/ATM card with Stripe, PayPal and Banco Sella.
8. SHIPPING COSTS:
- At checkout, the Customer may select the DHL courier for the shipments he desires.
- The cost of the shipment is 0.00 euro for every location in Italy, including the major islands, the Republic of San Marino and the Vatican. For the minor islands, difficult-to-reach locations and free-port areas (Livigno, Campione d’Italia, etc.), please contact us by email at email@example.com about additional shipping costs.
- If the shipped merchandise is not collected, the Customer will be required to reimburse La Biennale di Venezia, within 7 business days of the request, for the costs incurred for the unsuccessful shipment and relative holding costs.
- The merchandise travels at the Customer’s risk. The shipping costs do not include insurance fees.
- For packages that are held in the shipper’s warehouse because the Customer provided the wrong address, or there is important information missing which make it impossible for the shipper to make the delivery (no name on the doorbell, no street number on the building etc.), not mentioned and specified in the notes when completing the purchase order, the Customer will be required to reimburse La Biennale di Venezia for the storage and return delivery costs that DHL will bill to La Biennale.
- The shipping costs vary depending on the weight, the volume and the country of destination: shipping costs will be visualised before you confirm the purchase order.
- For shipments to certain foreign countries, a surcharge may be applied by the Courier that cannot be determined in advance; we will advise you before shipping if there will be any additional costs that must be added to the total of the order.
- All customs charges will be borne by the Customer
- Shipments are made through DHL for Europe.
- The costs of shipment varies for each country and is shown at the time of purchase. Shipments towards European countries are calculated on the basis of the weight, the volume of the package and the destination.
- To learn the costs for shipment to non-European countries, please request an estimate by email at firstname.lastname@example.org.
- All customs charges will be borne by the Customer.
- To learn how long delivery by DHL will take, please send an email to email@example.com, specifying the country of destination.
9. ORDER PROCESSING TIME
Purchase orders are processed (by processed we mean delivery of the goods to the Courier) after La Biennale di Venezia verifies that the Personal Information and contact details provided by the Customer are correct:
- Between 5-8 working days after receipt of payment.
No partial shipments will be made: if the purchase order includes multiple products, one or more of which is not available in the warehouse at that time, the order will be processed all at once, when all the articles in the order are available.
If the Customer wishes to receive available merchandise immediately and delay the delivery of the unavailable products, he must choose to place a double order. If a “Free Shipping” promotion is underway, the orders will qualify only if each individual order reaches the minimum amount required. The products presented on the Website are all understood to be available for immediate delivery. The Customer must however acknowledge that there is a remote possibility that, when he sends his purchase order, some products may not be available at that moment or will be sold out. In this case, before confirming the order, La Biennale will advise the Customer by email.
10. SHIPMENT METHODS AND TIMES
Shipments are handled by DHL for Italy and all European and non-European countries.
Destination Italy: DHL will deliver within 24/48 working hours except for Saturday and Sunday.
Delivery times for hard-to-reach and free-port locations may take longer (please send an email to firstname.lastname@example.org for further information). Delivery time must be calculated from the moment La Biennale di Venezia gives the merchandise to the Courier and the Customer receives an email that the order has been completed and shipped. Saturdays, Sundays and holidays, the Courier does not pick up or deliver and the merchandise in the orders does not travel.
Destination Foreign countries: Shipments abroad will be handled by DHL.
11. EXCHANGES AND RETURNS
The Customer may ask to exchange the product in the order with another product of equal or greater value (in that case, the price difference must be paid) by sending an email no more than 7 working days after receiving the merchandise, specifying the merchandise that he wishes to substitute.
The costs of shipping to exchange or return merchandise are always charged to the Customer. To learn the fees applied by the Courier, please contact us by email. The instructions for how to return the merchandise will be sent by email, which will also indicate the code number authorising the return.
The return must arrive at our headquarters no later that 10 days after receipt of the order. The returned products must not have been used, damaged, or stripped of brand stickers, labels or tags. Furthermore, they must be returned in the original boxes or packaging and undamaged (in all cases do not apply labels or tape directly on the original packaging of the product), or the return will not be accepted.
Free shipping: In the event the Customer decides to return the merchandise he purchased, exercising his right to withdrawal, the amount paid for the merchandise will be refunded, minus the shipping costs sustained by La Biennale for the free shipping. The cost for returning the merchandise to our headquarters will always be borne by the Customer: in the event that the Customer chooses to use our Courier, he will be informed via email of all the shipping costs and the conditions for picking up the return, and the cost will be charged to him against the value of the refund (in addition to the shipping cost sustained); if the customer does not wish to use our courier, he will have to send the merchandise to our headquarters at his own expense.
12. RIGHT TO WITHDRAWAL
Pursuant to and within the limits of Leg.Decree 206/2005, the Customer has the right to withdraw from the purchase if he is not satisfied by sending, no later than 14 days after receiving the merchandise, a registered letter with a return receipt, or an email subsequently confirmed by a certified letter sent within the next 48 hours, to our headquarters:
Ca’ Giustinian, San Marco 1364/A – 30124 Venezia – ITALY
The methods and time limits for the return are the same as those indicated in the preceding article.
The Leg.Decree also states that an essential condition for exercising the right to withdrawal is that the merchandise be returned undamaged, in its original packaging, accompanied by the receipt or invoice attached to the shipment, and that the costs of the shipping be borne by the Customer.
Pursuant to Leg. Decree 206/2005 it should be noted that the right to withdrawal is reserved exclusively to Customers who can be defined as “consumers” i.e. to natural persons who purchase the products for their own use and act for purposes that cannot be attributed to any professional activity, therefore excluding retailers and resellers.
The right to withdrawal is voided, due to violation of the essential condition that the goods be intact (packaging and/or content), in the case that La Biennale di Venezia ascertains: the outer package and/or the original internal packaging is missing; the absence of integrated elements of the product or anomalies in the product itself; damage to the product caused by something other than shipping.
Should the right to withdrawal be voided, La Biennale di Venezia will return the purchased product to the sender, charging him the shipping costs; to learn the fees applied by the Courier, please contact us by email. ANY RETURNS MUST BE AGREED UPON AND AUTHORISED. NO UNAUTHORISED PACKAGES WILL BE ACCEPTED.
Should the Customer, for any reason, wish to return the merchandise, he will have the right to a refund of the price he paid for the purchased product, under the terms and conditions of the Right to Withdrawal. The costs of shipping and any customs charges will be borne by the Customer and will not be refunded.
The refund will be paid on the 15th or the last day of the month following receipt of the returned merchandise.
14. LEGISLATION APPLICABLE TO THE CONTRACT
For everything not expressly stated and disciplined in these Terms and Conditions of Sale, the provisions of Italian law shall apply.
15. CLAIMS AND GUARANTEES
The products purchased on the Store La Biennale di Venezia website are subject to the discipline, as applicable, referred to in Leg.Decree 206/2005 on consumer protection and, for all that is not specifically contemplated, to the specific provisions of the Italian Civil Code. The warranty covers manufacturing defects and product non-conformity only. Except for the replacement of defective and non-conforming products, La Biennale di Venezia takes no responsibility for direct or indirect damages that might derive from the use, or improper use, of the product by the purchaser. La Biennale di Venezia guarantees that the photos were taken of the products that will be shipped in case of sale, therefore that the delivered products are the same as those on the website. The guarantee is personal and therefore applies only to the original purchase, given that it is reserved for direct customers and not to retailers, resellers, etc.
Any defect in the products must be reported in writing by the Customer within the legal deadline at the time the defective product is shipped back, a return that must be approved in advance by La Biennale di Venezia.
La Biennale di Venezia reserves the right to verify the actual defect claimed by the Customer and to exchange the product only after checking. The request will only be processed if the following documents are included in the returned package: purchase invoice, order number and date, detailed description of the defect.
The costs for returning the merchandise to the sender will be borne by the Customer.
For any explanations and claims La Biennale di Venezia may be contacted via email at: email@example.com.
Policy for customers interested in purchasing products from Store La Biennale di Venezia.
La Biennale di Venezia, as the “Data Controller” responsible for the processing, guarantees maximum protection of the Customer’s personal data and full respect of the obligations established by the Leg. Decree 196/03. Pursuant to Leg.Decree 196/03, “Code in the matter of personal data protection”, we inform you that the Customer’s personal data will be processed by IT systems and the help of third-parties connected to the company organisation, exclusively for purposes linked to the performance of the contract.
The purposes linked to the performance of the contract mean, in particular, all the functions connected to and instrumental to the execution of the purchase order, such as the management of the IT system, the control of payments, the management of shipments and of claims.
La Biennale di Venezia, as the Data Controller responsible for processing the Customer’s personal data, furthermore, states that, for more extensive information about processing personal data, the list of the Customer’s rights as per article 13 of Leg.Decree 196/03 and the list of Data Processors designated by La Biennale di Venezia who are responsible for the data processing, are available upon written request.
With reference to the personal data provided, the Customer may exercise the rights pursuant to art. 13 Leg.Decree 196/03 (access, rectification, integration, deletion, objection, etc.) by contacting the “Data Controller” or the “Data Processors”. By filling out the “Digital Purchase Order”, the Customer declares that he has read this policy and gives his consent to the communication of his personal data and its processing for the purposes and by the subjects indicated in the policy itself, and is aware that without consent and in the case of ascertained mendacity of the information, the order may not be fulfilled.