General selling condition
ART. 1) SUBJECT
The present general selling conditions deal with the purchase, made via internet, of products sold in the sitewww.rosinasculture.it, from now on brevitercalled "The Site".
ART. 2) OWNER
The Owner of this site is the firmROSINA SCULTURE di Rosina Giancarlo, located in Sedriano (MI), Via San Bernardino n. 5/A, P.I. 08709320967, from now on breviter called ROSINA SCULTURE.
The contacts to be used as reference by Customers are the following:
- Cellular telephone: +39 393 33 23 294
- E-mail address:
ART. 3) APPLICABLE LAWS
All purchases mentioned in art. 1 are regulated by present General Selling Conditions, by legislation dealing with Electronic Commerce (L. 70/2003) and by Consumer Code (L. 206/2005) if made by a Consumer.
ART. 4) ACCEPTANCE OF PRESENT CONDITIONS
The User shall carefully read, before making any purchase operation, these General Selling Conditions, and, when eventually performing the purchase procedure foreseen by this Site, it is suggested to print them and keep them stored.
ROSINA SCULTURE can modify in whatever moment and without notice, the content of General Selling Conditions.
The General Selling Conditions published on the Site when the User sends an order are the reference for the Purchase Contract.
ART. 5) PRODUCTS
is an internet site selling3D Models, Sculptures and Reliefs, from now on breviter called "The Products".
All offered products are described in detail in the Site, with an image and a product description.
The visual representation of each product on the Site, corresponds to the photographic image of the item itself and has the only scope to present it for the sale, without any warranty or binding conditions about the exact correspondence between the image reported in the Site and the real product.
In case of unmatching between the image and the product description, the product description must be considered as the main reference.
ART. 6) PURCHASE PROCEDURE
The Products publication in the Site is an invitation to the User to formulate a contractual purchase proposal.
Users willing to purchase a Product listed in the Site, shall send an order to ROSINA SCULTURE filling a suitable form, where also personal data shall be included.
ROSINA SCULTURE will send,to the address reported in the filled Form, the confirmation about the real possibility to fullfill the order, the exact delivery time, the shipping costs and the details for payment and any other detail might be required but that kind of purchase.
When receiving the payment, ROSINA SCULTUREwill send the goods.
ROSINA SCULTURE keeps the right to accept or refuse the purchase order sent by the User, and the User cannot make claims or issue compensation requests in case of missing acceptance of the purchase order.
In particular, ROSINA SCULTURE keeps the right to refuse purchase orders without proper solvency guarantee.
ART. 7) PRICES
All Products prices are clearly indicated in the Site.
The detailed shipping costs, born by the Customer, are clearly communicated by ROSINA SCULTURE after receiving the order, so that the User can have a full picture before issuing the payment.
ART. 8) PROCEDURES AND COSTS FOR SHIPPING
User cannot issue any claim towards ROSINA SCULTURE in case of delays of the order processing or shipping of the goods referred by the Purchase Contract.
The ordered products will be sent to the postal address mentioned by the User.
When receiving the goods from the mail carrier, the User shall control carefully the following items:
a) the number of delivered pieces corresponds to the one indicated in the relevant transport documentation.
b) the goods is delivered without any damage.
Cases of force majeure, unavailability of transport means, unpredictable or inevitable events causing shipping delays, will enable ROSINA SCULTURE to cancel, fully or partially, the foreseen delivery, and even to cancel the Purchase Contract.
In such cases ROSINA SCULTURE will provide timely and suitable communication about own decisions to the mail address indicated by the User and will refund the purchase price, excluding any additional compensation for the missing delivery.
ART. 9) RIGHT OF WITHDRAWAL
According to art. 64 ands.s.of D. Lgs. 206/2005 (Consumer Code), the Consumer User can withdraw from purchase contract for any reason and without providing explanations, provided that the following conditions are fullfilled.
To exercise such right, the User shall send a proper communication, through registered mail (with reception notice), within 14 (fourteen) days starting from the date of goods reception.
Goods integrity is essential condition to exercise withdrawal right.
Once verified product integrity of returned goods,ROSINA SCULTUREwill repay back to the User the full amount reported in the Purchase Contract, within 14 (fourteen) days after receiving back the product itself.
ROSINA SCULTURE will refund to the Consumer the price of the Product, while the costs of shipping back the product will be payed by the User.
ART. 10) NON CONFORMITY OF THE PRODUCTS
The Products offered on the Site are conformant to national and UE legislation in force in Italy.
Colors and images of Products published on the Site may differ from the real ones due to effect of local settings of systems and instrumentation used for visualisation.
In case of conformity defect of purchased Products in respect to the description published on the Site and in case of faulty or defective product, the User has the right to be refunded or to get a substitution of the faulty product.
ART 11 ) MANAGEMENT OF PERSONAL DATA
Customer data are managed byROSINA SCULTUREin conformity to current laws about personal data protection(Dlgs 196/2003), as specified in"Informations on Privacy Management" in the relevant section.
ART. 12) INTELLECTUAL PROPERTY RIGHTS
The authorship of the work is protected by the Author Right law (L. 633/1941)
All brands (registered and not), allintellectual work, hallmark or naming, image, photo, written text or graphical text and more in general any other intangible asset protected by national laws and international conventions about intellectual property right remain exclusive property of ROSINA SCULTURE, excluding that with accessing to the Site and/or establishing purchase contracts, any right is passed to the Customers.
Any usage, even partial, of these intellectual property rights, is strictly forbidden without prior written authorisation by ROSINA SCULTURE, who owns all rights in an exclusive way.
ART. 13) JURISDICTION
Eventual disputes about interpretation and execution of Purchase Contracts established within these General Selling Conditions will be managed by competent Judicial Authorities according to applicable laws in the case of "Consumers", while for "Professional Consumers" the competent jurisdiction will be in Milan.
Date of last update: 06 september 2014
NOTE: In case there is some interpretation problem about this "GENERAL SELLING CONDITIONS"document, the reference is the equivalent text, written in italian language, and also reported in The Site.