The definitions in this clause apply in the terms and conditions set out in this document:
a). “We, Us”, as the sellers: ART to EAT S.r.l. based in Via M. Camperio, 3, 20900 Monza, (MB) ITALY, VAT number and Fiscal Code 10361310963, tel. 0399416562
b). “You”, the person, the people or the company that is buying the goods from us.
c). “Parties” means the buyer and the seller together.
d). “Artworks” or “Goods” or the “Works of Art” are the works made by the Artists for ART to EAT S.r.l. then published for sale on our web site, or our stores, and that we are selling to you.
e). “Purchase Order” or “Order”, is your selection of Art works purchased in our website, or in our stores, or your order for the Goods as indicated in our Sales Invoice.
f). “Terms and Conditions” are the terms and conditions set out in this document.
g). “Site” is the web site and store online of ART to EAT S.r.l. managed and property by the same.
h). “Force Majeure Event” will have the meaning indicated in clause 11.
i). “Communications”, with the term communications or writing means correspondence via e-mail and fax between the parties.
Headings do not affect the interpretation of these terms.
The definitions are an integral part of this agreement.
2.1 The object is the purchase of ART to EAT goods on your part through site.
2.2. The Artworks published can be sell in original or in limited edition and can be made on paper, on canvas, on fabric and on other materials. Each good is specifically described on the site: title of the artwork, unit price, in original or in edition series, name of the artist, dimensions or sizes, how it was made, the materials and the techniques used. All the works are signed in original by the artist, on the back side, and with the addition of his fingerprint. All the works are verified, numbered, dated, stamped, certified and guarantee by ART to EAT s.r.l..
2.3. The artworks on paper are realized in standard A3 format (29.7x42cm).
2.4. The artworks on paper are protected by a transparent film that has the function of preserving the material, colors and drawing from oxidation, moisture and water.
3.1 The Terms, the Purchase Order and our published prices are an integral part of the agreement between you and us for the sale of the Goods.
3.2 When ordering Goods from us, please make sure you read and understand these terms before submitting your order.
3.3 ART to EAT has the right to revise and modify these Terms and Conditions according to changes in market conditions affecting our business, technological changes, changes to payment methods, changes to laws and relevant regulatory requirements and changes to the capabilities of our system.
3.4 You will be subject to the terms and conditions in force at the time you order your Products.
3.5 None of the Works is sold by us as an investment and none of our employees or representatives is authorized to give any indication of future value in the sale of such Goods. Therefore, any declaration made by or on our behalf at or before the sale must be confirmed by us in writing.
3.6 No claim can be imputed to us in relation to the potential investment, although many of our artists can be sold at higher prices than those originally charged.
3.7 Any image of product, design, work published and described in our site, in our catalogs or pamphlets, its exactly the Works realized by ART to EAT’s artists.
3.8 Only in case of Artwork on demand, see the TAYLORMADE section of the site, the originality and uniqueness of the works specifically studied and made under the request of the client is out of this standard Purchase Order and will follow a special contract subscribed by the two parties.
3.9 If any of these Terms is inconsistent with any term of the Purchase Order, the Order will prevail.
3.10 The Purchase Order is finalized with the payment of the works you have selected and placed in the cart of the site. Upon payment you will receive an e-mail to your e-mail address, (provided by you), with our order number that will follow the shipment.
3.11 After ART to EAT receives the successful payment from the banking systems, will delivery the purchased works in the manner described in point 5.
3.12 By accepting these terms of sale and payment, these terms and conditions will be fully accepted by you.
3.13 The Order together with the successful payment of the goods constitute, therefore, an integral part of the purchase contract on your part and supply from us.
3.14 The Order is a contract between the parties that we are free to accept or refuse at our absolute discretion.
4.1 We guarantee that the Artworks are compliant with what stated in item 2.2 on delivery.
4.2 We also guarantee that the quality of the Artworks is supervised by our Artistic Direction.
4.3 The goods, as Artworks, are the result of the free expression and interpretation of the Artists and are exempt, therefore, from defects attributable to the design and realization of the Artworks.
4.4 We guarantee that the Artworks comply with the legal and regulatory requirements applicable in Italy for their sale.
4.5 This warranty does not apply to any defect in the Artworks caused by usury, intentional damage, accidents, and negligence on your part or third parties. The warranty does not apply also if you use the Artworks in a non-compliant manner.
4.6 Failure to follow our instructions, or any modification or repair made without our prior written approval will immediately void the warranty.
4.7 We will take the necessary steps to properly package the Artworks and to ensure you will receive your Order in good condition.
4.8 These Terms apply to any Product of ART to EAT.
5.1 You can pick up the Goods at our office or, receive it at the address stated during the compilation of the order with the addition of the cost of the shipment that will be quantified and paid upon completion of the purchase order.
5.2 The delivery of the Order will be completed when our courier delivers the goods or we will make your goods available at our headquarters or points of sale.
5.3 Traceability of the Good. The order number issued by us upon successful completion of the purchase will allow you to track the goods during shipment.
5.4 We will take reasonable steps to meet the estimated delivery or collection date specified in the Order or otherwise agreed by us in writing. However, occasionally, this date could be influenced by factors beyond our control and, therefore, cannot be guaranteed. We will let you know if we are aware of an unexpected delay and we will arrange a new shipment or collection with you.
5.5 If you do not take delivery of the Goods within 7 (seven) calendar days from the date we inform you that the Goods are ready then, except where this inconvenience was caused by our failure to comply with these Conditions or an event beyond your control:
a). We will retain the Goods until the next delivery and reserve the right to charge you a reasonable amount (currently € 10 per day), to cover the costs of deposit, such as expenses and insurance, and we will have no liability towards you for delivery late.
b). If no withdrawal occurs within 14 (fourteen) calendar days from our notification that the works are ready for collection, we may, after giving reasonable written notice, resell or otherwise dispose of part or all of the Goods and, after deducting costs storage and sales, debit your account for the costs incurred for failure to collect.
c). If we are unable to deliver the entire order at once for operational or inventory reasons, we can deliver the order in installments. We will not charge you additional shipping costs for this. If you ask us to deliver the order in installments, we may charge you additional shipping costs. Each installment will constitute a separate contract. If we are late in delivering an installment or an installment is defective, this will not authorize the buyer to cancel any other installment.
6.1 In the event that the Works are damaged or defective, send an email to Art to Eat within 48 hours (forty eight hours) from the collection or delivery of the goods to the following address: email@example.com, with the order number and three images attesting the damage or defect.
6.2 After 48 hours (forty eight hours) from delivery or collection of the goods without any written notification of the defect or damage, the return can no longer be accepted.
6.3 Once the written return procedure has been completed, the damaged or defective Goods must be returned to ART to EAT which, once verified that the Goods are actually damaged or defective, will replace the Good with an art work of equal value. Shipping costs are at your expense.
6.4 Goods will not be accepted for return unless we are reasonably satisfied that they are damaged or defective.
6.5 The goods to be returned to us must always indicate the number of the order placed on the package.
6.6 No claim will be accepted in relation to any changes in the color of the works of art that have occurred through natural processes or related to the free artistic interpretations of the authors of the Art Work.
6.7 The right to cancel the order is not applicable because the commissioned goods are tailored to your request and are made by the artist at the time of your specific order.
7.1 The Good ordered and fully paid is your responsibility from the time of delivery or from the moment you will be notified that it is available for collection.
7.2 Ownership of the goods will pass to you upon completion of delivery or collection of the goods.
8.1 The price of the Goods is clearly indicated on the site under each work and in force at the time of confirmation of your Order. Prices may be subject to change at any time, but price changes will not affect orders placed and successful.
8.2 Prices include VAT. However, if the VAT rate changes between the date of the Order and the delivery date, it will not affect the Orders already executed and completed.
8.3 Prices exclude delivery costs, which will be added to the total amount due.
8.4 Orders can be paid with credit cards, debit cards or prepaid cards, PAY PALL, or by bank transfer. The ordered works will be put into production by the Artists only when the payment of the order has obtained the good result from the banking systems. Deliveries will be made under the conditions set out in point 5.
8.5 We are not responsible for the collection, remittance and/or payment of any taxes, charges, levies, assessments or other fees of any kind imposed by any governmental or other authority in respect of the purchase, importation, sale or distribution of the Goods and these are and will remain your responsibility.
9.1 All the Artworks sold by ART to EAT, are signed, guaranteed and protected by our copyright then, no rights to exploit any intellectual property rights, whether by copying such work or licensing such work for reproduction or publishing such work in any format, including, but not limited to, sculpture, limited edition print, illustration or other form of artwork or advertising, is granted to you, nor should any such grant be implied or inferred.
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
10.2 Provided that we have taken all reasonable steps to establish the provenance of an original work, in the event of it being established that such work is not attributable to the relevant artist, our liability shall be limited to refunding the original cost of the artwork to you and we shall not be responsible for any loss of anticipated investment value.
10.3 You acknowledge that in entering into this contract you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement or otherwise confirmed by us in writing.
10.4 We do not exclude or limit in any way our liability for:
a). death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
b). fraud or fraudulent misrepresentation; or
c). any other liability which we are unable to exclude by law.
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
a). strikes, lock-outs or other industrial action; or
b). civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
c). fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
d). impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
e). impossibility of the use of public or private telecommunications networks.
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms and Sales Condition to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.
13.1 All communications to us must be sent to:
ART to EAT S.r.l. Via M. Camperio, n.3, 20900 Monza, (MB) ITALY, and sent to firstname.lastname@example.org
13.2 All our communications will be sent to your e-mail address that you have insert into Purchase Order.
13.3 The communication for both will be considered correctly received 24 hours after sending the e-mail even without confirmation from the parts.
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
14.3 A person who is not a party to these Terms shall have no rights under or in connection with them under the law in force in Italy.
14.4 These Terms shall be governed by Italian law and we both agree to the non-exclusive jurisdiction of the Italian courts. The seat of the Court is in Monza.