Terms and conditions of sale
GENERAL TERMS & CONDITIONS OF SALE
The following terms and conditions rule the sale of all goods – merchandise and artworks – through our website & online shop (www.lottiart.it), owned by Lotti ART s.r.l.s., with a registered office in 22100 Como, Via Tommaso Grossi 34, Iscr. Reg. Imp. P.IVA n. 03680300138.
The issuing of an order implies the acceptance of these General Terms & Conditions (GTC).
By placing an order with us, you are voluntarily purchasing one or more goods on sale on our online shop, implicitly stating that you are of legal age, specifically 18 years old or older – if you are under the age of 18 you must not purchase or attempt to purchase any of our goods or submit any personal data to us – and agreeing to accept a binding contract with us therefore declaring that all information you provide in connection with such order is true and accurate and that you are an authorized user of the payment method provided.
CONCLUSION OF THE AGREEMENT
All goods on this website are deemed to be an offer to you as a customer to purchase them pursuant to these conditions.
To purchase one or more, you will need to select each item individually, adding each to your online shopping cart or, if preferred, by creating your own personal account (order history will be stored and you will be able to proceed with further purchases without entering your personal data every time).
You may view your order summary, with product details, prices and delivery terms and costs by clicking on the online shopping cart.
To process your purchase order, you must click on the “Shop now” button, at the top of the page.
If you have no account, detailed personal data will need to be provided in order to complete the purchase order. You will also need to specify the place of delivery and the preferred shipping and payment methods.
The agreement is concluded once the payment of the due amount is settled.
As soon as you submit the order, we recommend that you download and save or print the Terms & Conditions prevailing at the time of submission.
Once the order is concluded, you will receive an order confirmation email with full order details.
Delivery costs can be checked on the purchase order summary page before proceeding with the payment.
Delivery costs can be determined only when the place of delivery and the preferred shipping method are specified.
Delivery costs depend on the place of delivery and the required delivery time.
You will receive a final confirmation email with shipment tracking details.
All offers are effective as long as the goods are on line and until stocks run out.
Should one or more of the purchased products become unavailable in the meantime, we will inform you within 20 days following your order submission – via the email address linked to the same.
In case you have purchased a product that is no longer available, we will refund the payment amount to your credit card account or original payment method.
Should one or more ordered products be unavailable, you have no right to cancel the whole order, nor any other rights different from the right to obtain the refund of the payment amount.
ORDER CANCELLATION/ CHANGE POLICY
You can cancel or modify an order within 24 hours following the submission of the same and in any case before shipment confirmation, by writing to firstname.lastname@example.org, specifying order number and any other useful information (business/company name, date of order, etc.). Following this you will receive a change-order or cancel-order confirmation and all information regarding payment refund, if already processed.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days following order delivery without stating any reasons but at the following conditions:
a) in order to exercise your right of withdrawal, you must inform Lotti Art within 14 business days after receipt of the ordered items;
b) Lotti Art will refund the payment amount within 30 days following the return of the purchased goods at the following address: Lotti Art – Via Tommaso Grossi 34, 22100 Como, Italy.
You will have to bear all return shipping costs yourself.
You can contact our Customer Service via email : email@example.com or by phone (opening times: from Monday to Friday, from 8.30 to 12.30 and from 14.00 to 18.00).
c) Lotti Art guarantees a full refund of the returned goods provided that all items are returned in the same condition they were in upon receipt.
The goods must not be damaged or soiled and must be returned in their original packaging ( i.e. the tube packaging for posters), in a re-saleable condition and with their original certificates.
If any item is damaged, destroyed or lost while in your custody, you will be considered liable for all consequences and no refund will be possible.
d) According to the Italian law, Legislative Decree (D.Lgs) 206/2005 and art. 55 of the Consumer Code, your right of withdrawal does not apply to customized or personalized goods or to items that, by their nature, cannot be returned or are liable to deteriorate rapidly.
INTELLECTUAL PROPERTY & COPYRIGHT
All goods and artworks on sale on our website (i.e. books, catalogues, posters, jewelry), are protected by copyright and all related financial rights belong to Lotti Art exclusively.
Posters are printed in limited editions, certified with blind stamps and equipped with detailed descriptions of the original artworks and edited by Lotti Art, in the persons of Daniele Lotti and Lauretta Scicchitano, grandchildren of artist Betto Lotti.
Any duplication, reproduction, adaptation – partial or total – of the goods and artworks, their association with other art objects or artworks or any marketing and consequent distribution, by any means whatsoever without the prior express and written consent of Lotti Art is strictly prohibited and may be considered as an IP infringement and counterfeiting in accordance with the Code of Intellectual Property and Copyright.
All prices listed are in Euros and are inclusive of VAT when applicable by law.
Catalogues and books are VAT free.
We do our utmost to ensure that all prices and descriptions of the products on our website are accurate and up to date, but errors may occur. Should a pricing or other error occur, you will be promptly notified and you will be given the choice to proceed with your order at the correct price/specification or to cancel your order and obtain a full refund.
The binding prices are those indicated in the shipment confirmation and also include delivery costs.
FOR CUSTOMERS OUTSIDE THE EU:
As customs policies vary widely by country, Lotti Art cannot anticipate what these charges might be and is in no way responsible for any taxes, import fees or customs fees levied once the goods reach your country. Please contact your local government or post office for more information. Any additional costs for customs clearance will be borne by the recipient. Please note that goods may be subject to inspection by customs authorities upon delivery.
SHIPPING & DELIVERY
We use only qualified carriers.
The delivery of all ordered items is intended at street level.
Please note that delivery dates are only approximate and may vary from 5 to 10 business days, unless otherwise agreed in writing on the product sheet or shipment confirmation.
Lotti Art agrees to use all commercially reasonable efforts to meet the acknowledged delivery dates on the condition that you provide all necessary order and delivery information. Lotti Art will not be liable for any delivery failure or delay due to inaccurate, incomplete or mistaken information given by you. All purchased items will be sent in one shipment. Should you prefer to receive only one part of the order, you must contact Lotti Art and make a specific request thereof.
The link to track the order delivery will be indicated in the shipment confirmation.
Lotti Art will not be liable for any failure or delay in performance if this is caused by “Force Majeure”, meaning and including any circumstances or occurrences beyond its reasonable control ( whether or not foreseeable at the time of the Offer, Confirmation or Agreement) as a result of which Lotti Art cannot reasonably be required to execute its obligations. Such circumstances or occurrences include but are not restricted to: acts of God, war, terrorism, strikes, fires, floods, earthquakes, epidemics, freight embargoes, etc.
TRANSFER OF LIABILITY TO THE CLIENT
The transfer of the ownership of all ordered goods to the customer occurs as soon as Lotti Art has completed its delivery obligations with the carrier.
Therefore Lotti Art will not be deemed responsible for any damage occurring to the goods once these have been delivered to the carrier nor for any delay attributed to the latter.
The delivery note released from the carrier, signed and dated by the customer at the time of delivery, will constitute proof of proper and correct delivery of the goods.
You are therefore requested to carefully check all contents, their compliance and the status of the goods at the time of delivery.
Lotti Art will not be deemed responsible in case of any delay, partial or total loss of the goods or any other problem occurring once the goods have been dropped off with the carrier.
You must verify the absence of defects and flaws, the completeness of the consignment and the uniformity of the goods before signing the delivery note.
Should you find any damages, defects, or missing items, you must refuse the delivery or write down a detailed complaint dating it correctly. Such complaint must be sent to Lotti Art by Registered Post with Acknowledgment Due within 3 business days following delivery date.
You may use PayPal or make a bank transfer
We warrant that all personal data given by you on our website are protected by an upgraded security system, based on encryption and will not be recorded for future transactions, unless you have created your own personal account. All registered data are anyways always protected by our security systems.
Following payment, we will send you an invoice with regard to the goods purchased through our e-invoicing system. A copy of the same invoice will be sent to you by email or inside the package.
Therefore, when you complete the order you must specify all invoice details.
You undertake to provide complete, accurate and truthful data.
WARRANTIES AND LIMITATIONS OF LIABILITY
Lotti Art warrants that all goods are compliant with the specifications regarding the same as to the Consumer’s Legal Warranty Directive 1999/44/CE concerning the conformity of goods.
Legal Warranty becomes effective in case of a lack of conformity of the goods purchased.
Notwithstanding the foregoing, Legal Warranty will not apply in case of improper handling and use, neglect or in case of any damage occurring by act of the customer and in case of improper transportation or storage by act of the carrier.
During the Warranty period, you have the right to have any non-compliant purchased item either repaired or replaced. Any item that needs to be repaired or replaced must be returned at your own expense. Should any such options not be feasible you have the right to request a price reduction or the termination of the contract.
Lotti Art is liable for a lack of conformity only when this is determined within 2 years following the date of delivery.
The lack of conformity must be reported within 2 months from the discovery of the defect.
Notification of the defect must be made by Registered Post to the address specified above.
Any difference between the goods purchased and their pictures or descriptions published on our website does not constitute a lack of conformity.
Lotti Art warrants the compliance of the goods through the Italian legislation applicable to the related field and is not liable – to the extent permitted by law – if the product delivered does not comply with the legislation of the country of delivery, if different from Italy.
Except for gross negligence or willful misconduct, Lotti Art is only liable for direct damages, which were foreseeable at the time of the closing of the purchase agreement and is not liable for any damage that is not directly connected to its breach of the contract and its obligations.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
Lotti Art has the right to change these general terms and conditions at any time, in order to offer new goods or in order to be compliant with new laws or regulations.
You will be bound to the general terms and conditions agreed upon at the time of the purchase order.
The ineffectiveness or invalidity of individual provisions of these conditions will not affect the validity of all other provisions nor the existence of the contract.
PERSONAL DATA PROCESSING
Lotti Art, with a registered office in 22100 Como, Via Tommaso Grossi 34, tel. +39 338 7276041, mail: firstname.lastname@example.org states to be the Data Controller of all personal information collected through the purchase order.
The purpose of Data Processing is that of ensuring the correct execution of the purchase order on our website.
The legal basis of the processing are: a) execution of a contract binding both parties b) compliance with civil or tax law requirements.
Data collection is necessary to complete the purchase order: without your data it is not possible to proceed with the said order.
Data processing will concern only ordinary data (name and surname, address, mail, telephone number, payment details) and will be performed in paper and electronic form.
Personal Data will be retained for 5 years following the purchase order, in accordance with the applicable laws.
Your personal data will be communicated to the carrier and to the e-invoicing system, as well as to subjects supporting the Data Controller as Data Processor, by processing data in accordance with the law ( accountants or lawyers in case of litigation).
We will not disclose any personal data for any marketing or profiling purpose, nor process any extra EU data transfers, unless specifically required to execute the order outside the European Economic Area (EEA).
The Data Controller acknowledges and guarantees the rights referred to in Articles 15 and ff the GDPR Regulation and therefore the rights of information and access, amendment, update, integration, cancellation, opposition, limitation and portability. In order to exercise these rights you must send an email message at the following email address: email@example.com.
Data Subject is entitled to file a complaint with the Italian Control Authority, (www.garanteprivacy.it), with a registered office in Rome, should there be any concern about a violation of the subject’s rights.
GOVERNING LAW AND JURISDICTION
These General Terms and Conditions and the contract are subject exclusively to the laws of the country – Italy – where Lotti Art has its registered office, in accordance with the Legislative Decree (D. Lgs.) 206/2005, the “Consumer Code” (D. Lgs.) 185/1999 concerning the regulation of distance contracts and to the Legislative Decree (D. Lgs.) 70/2003 concerning the e-commerce directive.
The application of the United Nations Convention on the International Sale of Goods (Vienna 1980) is expressly excluded.
The European Union General Data Protection Regulation (GDPR) n. 675/2016 and the “Privacy Code” Legislative Decree (D. Lgs.) 196/2003, as amended to the Legislative Decree (D. Lgs.) 101/2018 are applicable as data protection laws.
Any dispute, controversy, or claim between the Parties concerning, an order, an order confirmation, a contract, or any issue pertaining these General Terms & Conditions, including the validity, invalidity, breach, or termination thereof, will be subject to the Court of Como or the Court of the Customer’s Home State.
OUR CONTACT INFORMATION
WhatsApp: +39 3387276041