1. What do these general terms and conditions of sale govern?

These general terms and conditions of use and sale govern the use of the website www.artisaly.com (hereinafter “the Website”), operated by Artisaly di Marilia Scavone with registered office in Piazza Diocleziano 6, Milano – VAT no. 11358740964 (hereinafter “Artisaly”). The Website facilitates the conclusion of the contract for the sale of handicrafts between the person (hereinafter “Customer”) who buys the product and the artisan who sells the product on the Website.

2. How to buy the product.

The Customer who intends to buy the products on the Website:

1. Selects the products one at a time and adds them to the cart.
2. Accesses a summary page, including the selected products, their price, delivery times and costs, and pays the full amount indicated according to the proposed payment methods.
3. Places the order using the appropriate button.

The order placed by the Customer using the Website constitutes a contract proposal.

The contract of sale is deemed to be concluded when Artisaly sends an order confirmation e-mail to the Customer.

The e-mail contains the Customer’s data, the order number, the price of the goods purchased, the shipping costs, the delivery address to which the goods will be sent and the link through which you can print and keep a copy of these conditions.

The Customer must verify the correctness of the personal data contained in the order confirmation e-mail and agree to immediately notify Artisaly of any corrections.

The Customer is aware that Artisaly, through the Website, allows third party sellers to sell their products on the Website.
Therefore, Artisaly facilitates the transactions between the Customer and the third-party seller, but it is not part of the contract of sale for the goods sold by the third-party seller. The contract of sales is concluded only between the Customer and the third-party seller. Artisaly assumes no responsibility for the contract of sale and its correct execution and does not operate in any way as a representative or agent of the seller.
The seller is solely responsible for the correct execution of the sale of the products and for the management of disputes with the Customer.

3. Who can buy on the website.

Only individuals who are at least 18 years old and qualify as “Consumers” are allowed to purchase the products on the Website.

According to the art. 3 of the Italian Consumer Code (Legislative Decree no. 206/2005) a “consumer” is the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity performed.

When purchasing the products, the Customer is obliged to provide truthful, correct, and complete information.

The Customer is also obliged to immediately notify Artisaly of any change in the data provided.

The Customer agrees to indemnify and hold Artisaly harmless from any obligation for compensation and/or penalty in any way related to a failure to comply with these rules concerning the provision and communication of their own data, except in case of Artisaly’s fraud or gross negligence.

4. Products availability

The products on the Website are available in limited quantities.

Due to the simultaneous presence of multiple users on the Website, it is possible that the products are sold to other customers before the Customer receives confirmation of their order.

For this reason, once the order is received, Artisaly will notify the Customer via e-mail if some of the products ordered are not available.

5. Product features and information

Artisaly tries to describe and illustrate the items sold on the Website as accurately as possible.

However, it cannot guarantee that the details of the images on the Website correspond exactly (100%) to those of the real product. Sometimes small differences are also possible depending on the Internet browser and monitor used by the Customer and also on the artisan nature of the products sold: each product is a unique product, different from the other.

When purchasing the product, the Customer declares to be aware of the artisan nature of the products purchased.

In the event of a difference between the image and the written description of the product, the written description always prevails.

Artisaly invites you to carefully read the information pertinent to each product.

6. Product prices

All prices on the website include VAT.

It may happen that a different price from the real one is indicated by mistake for a product on the Website, despite the efforts made by Artisaly to avoid it.

When Artisaly checks the order received, it also checks whether the prices of the products are correct.

If the price indicated on the Website is lower than the correct sale price of a product, Artisaly shall contact the Customer to verify their intention of purchasing the product at the correct price. If the Customer does not intend to purchase it at the correct price, Artisaly will not be able to accept the order.

If the correct price of a product is lower than that indicated on the Website, Artisaly shall charge the Customer the correct lower price only and ship the product anyway.

7. Payment

Payment can be made by credit card or bank transfer.

If the Customer pays via credit card, the amount of the order will be charged at the time of order confirmation.

If the Customer pays by bank transfer, Artisaly will complete the order only after the actual crediting of the amount to Artisaly’s current account. Therefore, the delivery period of the Products will run from the date of credit.
This credit must be made within 3 working days from the date of acceptance of the order, after which the order is automatically considered cancelled.

8. Products delivery

The products will be delivered by express courier to the address indicated by the Customer at the time of the order, within the deadline specified in the order confirmation e-mail sent by Artisaly.

Shipping costs are charged to the Customer and are indicated before the Customer places the order and in the order confirmation e-mail.

9. Products guarantee.

The products sold through the Website are covered by the legal guarantee of conformity. 

If the Customer receives products that do not comply with the contract of sale, he/she has the right to request, at no cost, the replacement of the product within the limits and under the conditions provided by law.

The Customer is aware that the products on the Website have characteristics, performance limits, functional and structural defects due to their previous use.

If the Customer qualifies as a “Consumer”, the right to guarantee of conformity can be exercised if the lack of conformity occurs within 1 year from delivery of the goods and if the defect is reported within 2 months from its detection.

According to the art. 3 of the Italian Consumer Code (Legislative Decree no. 206/2005) a “consumer” is the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity performed.

10. Right of withdrawal

The Customer has the right to withdraw from the contract of sale concluded with Artisaly within 14 days of product receipt and without giving any reasons.

The Customer can exercise the right of withdrawal by sending the request for withdrawal to Artisaly at this e-mail address: info@artisaly.com

Once this decision has been communicated to Artisaly, the Customer must return the purchased product within 14 days to the address that Artisaly will indicate to the Customer after receiving the request for withdrawal.

The costs for returning the product are charged to the Customer.

Within 14 days from the day in which Artisaly became aware of the decision to withdraw, Artisaly will refund the amount paid by the Customer, including any shipping costs incurred by the Customer when purchasing the product and excluding the reimbursement of any additional costs of delivery.

Artisaly shall refund the amount using the same payment method chosen by the Customer during the purchase, unless otherwise requested by the Customer.

In any case, Artisaly can suspend the reimbursement until the moment in which it receives the product or until the Customer proves with suitable documentation that he/she has returned the goods to Artisaly.

11. Responsibility

In case Artisaly fails to execute the order within the time stipulated in the contract, it shall not be deemed liable for any kind of inefficiency due to force majeure or fortuitous event, even if this depended on malfunctions and Internet network inefficiencies.

Artisaly is not liable in the event of damage, of any nature, resulting from the improper use of the product by the Customer.

Artisaly, except in cases of wilful misconduct or gross negligence, is solely responsible for the damage that is a direct and immediate consequence of its non-fulfilment concerning what is established in these conditions of sale and that was foreseeable at the time of the conclusion of the contract of sale.

12. Applicable law and jurisdiction

These General terms and conditions of use and sale are governed by Italian law.

The Customer who qualifies as a consumer, based on art. 3 of the Italian Consumer Code (Legislative Decree no. 206/2005) may try to resolve any dispute concerning the purchase made on the Website through the ODR platform, created and managed by the European Union.

According to the art. 3 of the Italian Consumer Code (Legislative Decree no. 206/2005) a “consumer” is the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity performed.

The Customer can access the ODR platform from this link: http://ec.europa.eu/consumers/odr.

Any dispute regarding these General terms and conditions of use and sale, if not settled amicably, shall be submitted to the exclusive jurisdiction of the judge of the Customer (qualifiable as a “consumer”) place of residence or domicile.