This site is owned by:
CHIARA GINI – Via Cerretana 53 – 50059 Vinci (Florence)
Legal representative Chiara Gini
Art. 1 – SCOPE OF APPLICATION
1. These General Conditions have as their object the online sale of author’s photographs, perfected through the website www.chiaragini.it and produced by Chiara Gini. 2. The same General Conditions of Sale do not regulate the supply of products by parties other than those indicated in art. 2, which are present on the aforementioned site, through links, banners or other hypertext links.
Art. 2 – PARTIES TO THE CONTRACT
The parties to the sales contract are:
– SELLER: CHIARA GINI
– CUSTOMER: the person (understood as a natural person) who, identified by registering on the website www.chiaragini.it for personal purposes and, in any case, not for professional purposes or in the exercise of their professional activity, has sent an order relating to produced by Chiara Gini.
Art. 3 – ACCEPTANCE OF THE GENERAL CONDITIONS AND THEIR POSSIBLE CONDITIONS
CHANGES
1. The CUSTOMER, by sending his purchase order electronically, unconditionally accepts and undertakes to observe in his relations with the SELLER the general and payment conditions transcribed below, declaring that he has read and accepted all the indications to he provided pursuant to the applicable rules, pursuant to art. 20, also acknowledging that the SELLER does not consider himself bound to different conditions, unless previously agreed in writing.
2. The SELLER is authorized to update or modify, at any time and without prior notice, these General Conditions of Sale, including those governing payment and the guarantee. However, any modification will be effective only after its publication on the site and will not have retroactive effect, unless otherwise provided by law and / or regulations.
3. These General Conditions of Sale must be examined online by CUSTOMERS by visiting the website www.chiaragini.it, before confirming their purchases. The forwarding of the order therefore implies full knowledge of them and their full acceptance.
Art. 4 – CONTRACTUAL DOCUMENTS
1. The purchase and sale of CHIARA GINI products is completed with the electronic sending, by the CUSTOMER, of the purchase order.
2. The contract is inseparably formed and documented by the final order and by these General Conditions of Sale in force on the date the order is sent.
3. The CUSTOMER undertakes and obliges, once the online purchase procedure has been completed, to keep on paper, or other durable medium, a copy of the documentation indicated in point 2, as written confirmation of the contractual information provided by the SELLER.
Art. 5 – REGISTRATION TO THE SITE AND PROCESSING OF PERSONAL DATA
1. In order to proceed with the purchase of CHIARA GINI products, the CUSTOMER is obliged to register on the website www.chiaragini.it in order to ensure maximum transparency and security of the transaction.
2. During registration, the CUSTOMER will be asked to enter a UserID (username) and a password, both of which are necessary to make subsequent purchases without having to proceed with a new registration.
3. The registration of CUSTOMER data takes place on the basis and in compliance with the GDPR 2016/679 containing the General Data Protection Regulation regarding the processing of personal data and privacy.
4. To this end it is specified that the CUSTOMER’s personal data, of which the SELLER guarantees the utmost confidentiality in compliance with the aforementioned legislation, will be processed, communicated and disseminated, in Italy and abroad, also with the aid of electronic means. or in any case automated, directly and / or through third parties who will process the data in the same way for the purposes related to the purchase of the products advertised on the website www.chiaragini.it, for statistical purposes and, only if the CUSTOMER requests it, for sending advertising material and marketing of products and services.
5. The CUSTOMER always has the right to exercise the rights recognized by art. 12-23 of the GDPR 2016/679.
6. By completing the registration form and accepting the purchase conditions, the CUSTOMER gives consent to the processing of their personal data for the purposes related to order management.
7. The use of data for commercial purposes is instead subject to the expression of an optional consent by the CUSTOMER.
8. It is the CLIENT’s responsibility:
a) communicate truthful, exact, current and complete personal data, as requested on the website www.chiaragini.it;
b) deal with the management of their data and update them immediately so that their accuracy, topicality and completeness is always ensured.
9. The CUSTOMER is also responsible for the security of the access password chosen by him.
10. The SELLER is not responsible for unauthorized use of the Passwords.
11. For anything not expressly regulated here, reference is made to the “Privacy policy” conditions indicated on the website www.chiaragini.it, which the CUSTOMER accepts, by registering their data.
Art. 6 – CHARACTERISTICS AND PRICES OF THE PRODUCTS
1. The products are offered for sale as described and at the price indicated on the website www.chiaragini.it on the day the order is sent. The images and colors of the products on sale may, however, not correspond to the real ones due to the Internet browser and monitor used.
2. The prices of the products may be subject to updates, so the CUSTOMER who submits the relative purchase order is first required to ascertain the final sale price: in any case, once the product order has been placed, this will not no price changes.
3. VAT is not applicable to the prices shown in the catalog.
4. The prices indicated in the catalog do not include shipping costs for Italy (including islands) and do not include transport or processing costs for countries outside Italy, which are in any case indicated to the CUSTOMER before sending the order. and specified in the confirmation of receipt of the order sent to him via e-mail by the SELLER, as provided for in the following art. 8.
5. Any promotional offers, discounts, prizes, gifts and the related access conditions indicated on the aforementioned site are valid only if confirmed by the SELLER in the confirmation of receipt of the order, as per art. 9.
Art. 7 – SENDING ORDERS
1. Following registration, the CUSTOMER can proceed to order the products of their interest.
2. Once the product has been selected, it must indicate the payment method chosen from those proposed on the website www.chiaragini.it and the data for shipping and billing.
3. For billing purposes, the SELLER will only accept orders indicating the Tax Code and the Foreign State of residence.
4. Orders from individuals who are not of legal age will not be accepted.
Art. 8 – PAYMENT METHODS ACCEPTED
1. The SELLER accepts payment only through the systems listed on the website www.chiaragini.it, when completing the order form and cannot be changed.
2. In case of payment by credit card or PayPal, the financial information will be forwarded through an encrypted protocol without third parties having access to it in any way. In fact, at no time during the purchase procedure, the SELLER is able to know the buyer’s credit card number, which is transmitted via a secure connection directly by the service manager chosen by the customer from those available and indicated by the SELLER. . Furthermore, the financial information will never be used by the SELLER except to complete the procedures relating to the purchase by the CUSTOMER, to issue the related refunds in the event of any product returns following exercise of the right of withdrawal, by of the same CUSTOMER, or if it is necessary to prevent or report to the forces of police the fraud commission on the website www.chiaragini.it. In any case, the amount due will be charged to the CUSTOMER only at the time of actual shipment of the order.
3. The dispatch of the order will take place only when the amount due is actually credited to the SELLER’s current account / PayPal account.
Art. 9 – CONFIRMATION OF RECEIPT OF THE DEFINITIVE ORDER
1. Upon receipt of an order, the SELLER will automatically send, through the website www.chiaragini.it, a confirmation of receipt in which all the details of the order will be summarized in order to allow the CUSTOMER to make any changes in the event of errors. The details of the order will be considered correct and therefore definitively confirmed if no changes are received by the CUSTOMER, exclusively by e-mail, at info@chiaragini.it, within 24 hours of receipt confirmation, thus constituting the order. definitive of the CUSTOMER.
2. Following the receipt of a final order, the SELLER will check the actual availability of the ordered product and, only upon completion of this verification, will he communicate that he has shipped it.
3. The SELLER will promptly notify, and in any case within 30 (thirty) days from the date of the final order, the unavailability, even temporary, of the product and in this case will refund any amount already paid by the CUSTOMER. Without prejudice to the CUSTOMER’s ability to explicitly accept, by e-mail communication at info@chiaragini.it, the product of no lesser quality and value proposed by the SELLER.
4. In this case, any amount paid by the CUSTOMER will be refunded.
5. The SELLER reserves the right to refuse the order, as well as in the cases provided for in art. 8, also in the following cases:
– supply of non-real personal data;
– previous non-fulfillment for any reason against the SELLER;
– registration in the list of protests;
– submission to bankruptcy proceedings;
- lack of availability of goods in warehouses.
Art. 10 – SHIPPING OF PRODUCTS
1. Unless otherwise agreed in writing, the SELLER will ship the purchased products exclusively to destination addresses included among those indicated by the CUSTOMER when registering on the website www.chiaragini.it.
2. The SELLER will, upon verification of payment, process the orders from Monday to Friday, from 9.00 to 15.30.
3. Shipment will take place via Italian Post Courier
4. The order will be processed in full and in a single delivery, only when all the selected items are available.
5. In the event that, even by way of derogation from point 3 above, the SELLER executes the order with multiple deliveries, the incurable incurable impossibility to deliver one or more items ordered does not entail the invalidity of the entire contract which remains operative and effective between the parties for the deliveries made and for the delivery of those items to be made when they are available.
6. The SELLER will ship the products ordered by the CUSTOMER, approximately after 3 working days from the time of the order, and in any case no later than 10 days after receipt of the final order.
7. The transport costs for Italy will be borne by the CUSTOMER and amount to 9.00 euros. In case of shipments outside Italy, Venice or islands 25.00 euros
8. Any delays in deliveries can never be attributed to the SELLER, just as any damage caused by the Express Courier for delayed or non-delivery can in any way be attributed to the SELLER, meaning the purchase contract perfected with the delivery of the goods to the Courier itself.
9. The SELLER undertakes, however, to collect any reports of non-delivery or delayed delivery of the products by means of the specially dedicated Customer Service and, if necessary, to assist the CUSTOMER in protecting their rights towards the carrier as required by law.
10. In case of failure to collect the goods or failure to deliver due to an event not attributable to the SELLER, or to the Courier, the costs of shipping and return of the purchased products are charged to the CUSTOMER.
Art. 11 – ACCEPTANCE OF THE PRODUCT BY THE CUSTOMER
1. The CUSTOMER is required, at the time of delivery, to check the integrity of the packaging received and the correspondence of the contents to the order.
Any complaints in this regard must be received within 24 hours of receipt of the packaging under penalty of forfeiture. However, in case of breakages and / or tampering with the package, the CUSTOMER must absolutely refuse the goods. Once the Courier’s document has been signed, he will not be able to make any objection about the state of the packaging of what was delivered to him.
2. The CUSTOMER is also required to immediately verify the integrity and functionality of the products purchased and to report any flaws or defects within eight days following delivery.
3. After eight days from delivery without having received the report of defects or defects, the products will be considered controlled by the CUSTOMER – for acceptance upon delivery – as per contract and judged in good condition, suitable for normal use for products of that type or in any case for the agreed use, in accordance with the descriptions and / or models provided by the SELLER, with the qualities and performance that the CUSTOMER can reasonably expect from a product of that type, and complete with all accessories, components or other products or elements part of the product or packaged with them.
Art. 12 – RELEASE RECEIPT
In the event of a request, the CUSTOMER will be issued a regular payment receipt for the order placed
Art. 13 – RIGHT OF WITHDRAWAL AND RULES FOR RETURN
In the event that the CUSTOMER detects one or more defects, which will in any case be definitively ascertained by the SELLER, he can return the purchased product and obtain a refund. The CUSTOMER may exercise this right within 10 working days of receipt of the goods by sending a written communication by filling out the returns form in the RETURNS / EXCHANGES section on the website www.chiaragini.it.
The form, referred to in the previous point, must be printed and attached to the packaging containing the product to be returned. In any case, the returned products must be sent to the SELLER in a single shipment. The SELLER, in fact, reserves the right not to accept products of the same order returned and shipped at different times.
3. The return must take place within 10 working days from the date of receipt and will be accepted only if the product is intact in all its parts and not used.
4. The reimbursement of the price paid for the purchase of the product does not include the shipping costs for returning the goods, which are the sole responsibility of the CUSTOMER who intends to withdraw from the purchase.
5. The CUSTOMER bears the risk of loss or damage to the product during transport to the address indicated by the SELLER in the return form.
6. If the receipt that the CUSTOMER received with the goods has been requested, a copy must be attached to the package together with the returned product.
7. In the event that the CUSTOMER returns damaged or used products without a form number or does not return them within the aforementioned period or does not pack them regularly or pack them incomplete, or lacking some components, elements, accessories, boxes, documentation, or if these are damaged, the SELLER reserves the right to refuse a full refund of the goods purchased. In this case, the SELLER is authorized to withhold the related costs from the respective amount to be reimbursed, while the CUSTOMER can get back, at his own expense, the products in the state in which they were returned to the SELLER. Otherwise, the SELLER may keep the products, in addition to the sums already paid for their purchase.
8. In no case will be accepted returns made by the Customer by means of shipments charged to the SELLER (in carriage forward).
9. Within 30 days from the return of the product, deemed regular according to the preceding articles, the SELLER will reimburse, with the aforementioned limitations, the amount actually paid by the CUSTOMER by crediting the bank account or credit card (or other form payment indicated by the CUSTOMER in the RETURN form).
If there is no correspondence between the recipient of the product indicated in the order form and the person who paid the amount due for their purchase, the refund of the sums paid, in case of exercise of the right of withdrawal, will be made by the SELLER. , in any case, towards the person who made the payment.
Art. 14 – GUARANTEE OF CONFORMITY
1. The guarantee of conformity to the contract, at the time of delivery of the product sold, due by law, is the responsibility of the SELLER, and the guarantee period starts from the date of delivery (indicated in the transport documentation) of the product.
2. A free service under the warranty is only possible upon presentation of a copy of the receipt proving the purchase and the transport documentation.
3. The SELLER is responsible for the lack of conformity to the contract of the product delivered to the CUSTOMER, when this defect occurs within two years following delivery.
4. Except in the case of explicit recognition by the SELLER, the CUSTOMER must, under penalty of forfeiture, report any defect to him within two months of its discovery.
5. In the case provided for in art. 11 point 3, the product is presumed, unless proven otherwise, to comply with the contract at the time of delivery, except in the event that the CUSTOMER, in the six months following the delivery itself, reports the presence of hidden defects, manifested after the expiry of the term provided by the same art. 11, point 3: in this case, the product will be presumed, unless proven otherwise by the SELLER, to be defective at the time of delivery.
Art. 15 – REPLACEMENT OF PRODUCTS WITH A MANUFACTURING DEFECT OR DAMAGED DURING TRANSPORT
1. If the Chiara Gini product purchased on the website www.chiaragini.it is found to have manufacturing defects and / or to have been damaged during transport, the CUSTOMER (renouncing the right of return referred to in the previous Art. 13 may request them – where in the SELLER’s opinion this is possible and not excessively burdensome – the restoration, or an adequate reduction of the price within the terms indicated in art.14, by writing to the email address info@chiaragini.it
2. The e-mail must contain a description of the defect or damage reported by the product. The CUSTOMER must provide the SELLER with all the documentation (including, for example, photographic …), which was requested, in order to allow him to ascertain the extent of the defect or damage.
3. Any restoration of the product, following repair or replacement of the same, will not involve the CUSTOMER costs for shipping, labor or materials.
4. In case of price reduction, the SELLER, who reserves the right to examine the defective product at his own expense, will refund the difference to the CUSTOMER.
5. In case of termination of the contract, the CUSTOMER must return the defective or damaged product in its original packaging, intact in all its parts.
6. If the defective product is returned (following the provisions of point 5), the SELLER will refund the price to the CUSTOMER, who has already paid for it, by making a credit of the same amount.
7. In case of replacement of the product, the shipping costs for the return are charged to the SELLER.
8.The SELLER will replace the product with an identical one or, in the event of stock runs out and after agreement with the CUSTOMER, with one of equivalent value.
Art. 17 – PROHIBITION OF RESALE OF PRODUCTS AND ACCESSORIES UNDER ANOTHER BRAND
1. The CUSTOMER is not allowed to resell the products or part thereof under another brand, of components or accessories that are part of the product packaging.
2. The SELLER is authorized to reject orders placed by the CUSTOMER, if he infringes this provision (with reference to any product) or if it has reasonable grounds to suspect that the CUSTOMER has infringed this provision in the past.
Art. 18 – CONTACTS
For any requests, contact Chiara Gini at the e-mail address info@chiaragini.it; by calling +393331328067 from Monday to Friday, from 10.00 to 13.00 and from 16.00 to 20.00 or possibly, by written communication to: Chiara Gini – Via Cerretana, 53 – 50059 Vinci (FI) – ITALY.