The goods covered by these general conditions are offered for sale by Decaseo di Magni Federico with headquarters/branch in Via Geromina 10, Treviglio (BG), registered with the Chamber of Commerce, VAT number IT03808600161 hereinafter referred to as the “Seller”.
1.1. The expression “online sales contract” means the sales contract relating to the Seller’s tangible movable property, entered into between the Seller and the Buyer as part of a distance selling system using telematic tools, organized by the Seller .
1.2. The term “Buyer” means the natural person consumer who makes the purchase, referred to in this contract.
1.3. The term “Seller” means the subject indicated in the epigraph or the subject providing the information services.
Object of the contract
2.1. With this contract, respectively, the Seller sells and the Buyer purchases remotely via telematic means the intangible digital pictures indicated and offered for sale on the website www.marcopaintings.com.
2.2. The products referred to in the previous point are illustrated on the web page: www.marcopaintings.com.
2.3 Licensing: you are free to print on demand or make any commercial use of these pictures, without attribution. You are NOT the copyright owner but you legally have a non-exclusive license to use these pictures in your projects, even for commercial purposes.
Contract stipulation method
3.1. The contract between the Seller and the Purchaser is concluded exclusively through the Internet through the Purchaser’s access to the address www.marcopaintings.com, where, following the procedures indicated, the Purchaser will arrive at formalizing the proposal for the purchase of goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by correctly filling out the request form and consenting to the purchase expressed through the subscription sent online or by filling in the form/module attached to the online electronic catalog at the address www.milanolaserworks. it and the subsequent sending of the form/module itself, always after viewing a printable order summary web page, which shows the details of the orderer and of the order, the price of the goods purchased, the shipping costs and any additional ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Seller receives the order from the Purchaser, he sends a confirmation e-mail or displays a web page confirming and summarizing the order, printable, which also contains the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Methods of payment and reimbursement
5.1. Each payment by the Buyer can only be made by means of one of the methods indicated on the specific web page by the Seller.
5.2. Any reimbursement to the Purchaser will be credited through one of the methods proposed by the Seller and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Seller became aware of the withdrawal.
5.3. All communications relating to payments take place on a special line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Delivery times and methods
6.1. The Seller will deliver the selected and ordered products, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in the point.
7.1. All sales prices of the products displayed and indicated on the website www.marcopaintings.com are denominated in dollars or euros and constitute an offer to the public pursuant to art. 1336 of the civil code
7.2. The sales prices, referred to in the previous point, are exempt from VAT and any other tax because our yearly volume is below 10,000$.
7.3. The prices indicated for each of the goods offered to the public are valid until modification. We can change prices without notice.
8.1. The Seller ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as the shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Seller will notify the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The Seller’s computer system confirms the order registration as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
Limitation of Liability
9.1. The Seller assumes no responsibility for third party requests about our sold pictures. We create them using artificial intelligence, so we are not copyright owners, but we can use them for commercial purposes as well, with a non-exclusive license.
9.2. The Seller cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
9.3. Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred .
9.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the products purchased, if it demonstrates that it has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Seller.
Liability for defects, proof of damage and recoverable damages: the Seller’s obligations
10.1. Pursuant to articles 114 et seq. of the Consumer Code, the Seller is liable for damage caused by defects in the goods sold if he fails to inform the Injured Party, within 3 months of the request, of the identity and domicile of the manufacturer or of the person who supplied him with the goods .
10.2. The aforementioned request, by the Damaged party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
10.3. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
10.4. No compensation will be due if the injured person was aware of the defect in the product and of the danger deriving from it and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
Warranties and assistance methods
11.1. The Seller is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.2. For the purposes of this contract,It is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, especially in advertising or on labelling; d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller at the time of conclusion of the contract and which the Seller has accepted also for conclusive facts.
11.3. The Purchaser loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Seller has accepted the Buyer’s request, he must indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, the latter may request, at his choice, an appropriate reduction of the price or the termination of the contract. In this case, the Purchaser must send his request to the Seller, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Seller has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Purchaser’s responsibility to indicate the methods for re-crediting the sums previously paid to the Seller.
Obligations of the Buyer
12.1. The Purchaser undertakes to pay the price of the purchased goods in the times and ways indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Right of withdrawal
13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2. In the event that the professional has not fulfilled the information obligations on the existence, methods and times for returning or collecting the goods in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter with return receipt. at the address Via Geromina 10, Treviglio, Bergamo. He will trust between theLeave the stamp affixed by the post office on the receipt issued. For the purposes of exercising the right of withdrawal, sending the communication can validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the shipper will be authentic between the Parties.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
13.5. The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of products that are clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly and in any other case envisaged by art. 55 of the Consumer Code.
13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller.
13.7. The Seller will refund the entire amount paid by the Purchaser free of charge within 30 (thirty) days of receipt of the notice of withdrawal on the same payment method used by the Purchaser during the purchase.
13.8. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, except as provided in the previous points of this article.
Causes for termination
14.1. The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Seller in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
Protection of confidentiality and processing of the Buyer’s data
15.1. The Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 196 and GDPR according to our extended information.
15.2. The personal and fiscal personal data acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods with the aim of registering the order and activating in its compare the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b, Legislative Decree 196/2003) .
15.3. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be disclosed only upon request by the Judicial Authority or other authorities authorized by law.
15.4. Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material ordirect sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way.
15.8. The owner of the collection and processing of personal data is the Seller, to whom the Purchaser can address any request at the company headquarters.
15.9. Anything sent to the Center’s postal address (even electronically) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case the Center cannot be held responsible for the content of the messages themselves.
How to store the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Purchaser that each order sent is stored in digital / paper form on the server / at the Seller’s headquarters according to confidentiality and security criteria.
Communications and complaints
17.1. Written communications addressed to the Seller and any complaints will be considered valid only if sent to the following address: Via Geromina 10, Treviglio (BG). In the registration form, the Purchaser indicates his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Seller to be sent.
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Bergamo and resolved according to the Conciliation Rules adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases set forth in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
20.1 We reserve the right to refuse any order received. At our sole discretion we may limit or cancel quantities purchased per person, per household or per order.
These restrictions may concern orders placed from the same customer account, with the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you via the email address, billing address or telephone number you provided when placing your order.
We reserve the right to limit or prohibit orders in our sole discretion.
Third party links
21.1 Some content, products and services available through our Service may include materials from third parties.
Third party links on this site may direct you to external websites, which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any such websites. And we make no warranties or have any liability for any third party materials or websites or any other third party materials, products or services.
We will not be liable for any damages connected with the purchase or use of goods, services, resources, content or any other transaction made through third-party websites. Carefully review third-party policies and procedures and make sure you understand them before engaging in any transaction. Complaints, requests, doubts and questions about third-party products should be directed to the interested third parties.
Inapplicability of the clauses
22.1 If any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms and Conditions.of the service, without prejudice to the validity and enforceability of the remaining provisions.
24.1 There are promotional codes or coupons that are disseminated based on special occasions, reaching a certain volume of purchases or other reasons. The Buyer can use this promotional code by entering it on the checkout page and will receive an immediate discount on the order amount, excluding shipping.
24.2 Promotional codes cannot be combined with each other.
24.3 The validity of the coupons varies according to each. There may or may not be deadlines.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.