TERMS & CONDITIONS OF USE, GENERAL CONDITIONS OF SALE, PRIVACY AND COOKIE POLICIES
Welcome to the www.albertodamian.com website (the “Website”), an online Gallery owned by Alberto Damian, an Italian citizen and resident, having his registered office in Viale Cadorna 10, 31100 Treviso, Italy, registered with the Chamber of Commerce Industry Handicraft and Agriculture of Treviso, Taxpayer Identification Number and VAT number with the Companies’ Registry n. 04916820261 (“AD” or “Website Operator”).
The photographs and books and any other product displayed in the Website are sold and invoiced by AD. For any information on purchases and deliveries, please contact email@example.com.
Herebelow you can find, in separated but all linked sections, our:
A – TERMS AND CONDITIONS OF USE
B – TERMS AND CONDITIONS OF SALE
Please read them carefully and – should you have any inquiry – please write to firstname.lastname@example.org.
A – TERMS AND CONDITIONS OF USE
Access to and use of the Website (also through a re-direct function from the www.iconsofthe20thcentury.com URL) are conditional on your review, understanding and acceptance of these General Conditions of Use. If you do not agree with these General Conditions of Use or with part of them, please do not use and do not access the Website.
1. Intellectual property rights
1.1 The contents of the Website, such as, without limitation, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, pictures, logos and any other material, whatever their format, posted on the Website including, the menus, web pages, graphics, colours, patterns, tools, characters, and design of the Website, diagrams, layouts, methods, processes, functions and software that are part of the Website, are protected by copyright and by all other IP rights of AD or of the Artists published in its web pages or of the third parties, if any, that AD has engaged. It is forbidden to reproduce, in whole or in part, in whatever form, the Website and its contents without AD’s express written consent.
You are only permitted to view the Website and its contents benefiting from the services made available on it. You are also authorised to make any temporary reproductions, without economic significance per se, which are considered transitory or secondary, and an integral and essential part of the actual viewing of the Website and its contents, and any other browsing operations that are performed solely for the purpose of legitimately using the same. Under no circumstances may you be authorized to reproduce, on any medium, in whole or in part, the Website and its contents. Any reproduction must each time be authorized by AD or, where appropriate, by the authors of the individual works contained in the Website. Such reproductions must in any case be made for lawful purposes and in compliance with the copyright and the other IP rights of AD and of the authors of the individual works contained in the Website. The authors of the individual works published on the Website shall be entitled to claim, at any time, the authorship of their work and to oppose to any deformation, mutilation or other modification of the works including any damage caused to the works that is prejudicial to their honour or reputation. You undertake to comply with the copyright of the artists who have chosen to publish their works on the Website. You are also not authorized to use, under no circumstances, in any manner and form, the contents of the Website and the individual works protected by copyright and by any other IP right. You may not alter or modify the contents and the copyrighted works without AD’s consent and, where necessary, without the consent of the relevant authors.
2. Trademarks and domains
2.1 The exclusive owner of all trademarks and distinctive signs which are or will be present on the Website, also for the purposes of distinguishing the products, is AD who has also the exclusive right to use them. Any unauthorized use or use that is not compliant with the law is strictly forbidden and can have legal consequences. Under no circumstances will you be entitled to use said trademarks and the other distinctive signs present on the Website to obtain, also indirectly, an improper benefit from the distinctive character or from the popularity of the AD’s trademarks in a way that is prejudicial to the same or to their owner.
The www.albertodamian.com and the www.iconsofthe20thcentury.com domains, as well as any declination of the same and any sub-domain, are in the ownership of AD. It is not permitted, not even indirectly, to use them without the express written consent of AD.
3. Inbound and outbound links from the Website to third party sites
Conversely, it will be possible to activate on third party sites links redirecting to the Website, only if the Website Operator has given his prior consent. The application for obtaining such consent may be sent to the Website Operator at the abovementioned postal address or at the email address email@example.com. Any unauthorized activation of links shall result in the Website Operator be entitled to take any action to have the unlawful links immediately deactivated, and to have the wrongful business practice, the unfair competition or the action ruining the good name and popularity of the Website Operator and its products, acknowledged. Posting hypertext links (such as deep frames and deep links) to the Website or using unauthorised meta-tags is in any case forbidden.
4.1 The access, use and browsing of the Website are for your personal use only, and must always be unrelated to your commercial, entrepreneurial and professional activities. Using and browsing the Website are activities performed by you and, as such, no liability can be attributed to the Website Operator for the incorrect use of the Website. The Website Operator shall therefore not be liable if during your downloading activities your device is damaged or if your data are lost, unless any such damage and loss are attributable to the gross negligence and wilful misconduct of the same Website Operator.
4.2 The Website Operator accepts no responsibility for damages deriving from the inaccessibility to the services present on the Website, disruption of the service, content cancellation, problems related to the networks, providers or telephone and/or internet connections, unauthorized accesses, data alteration, failure and/or malfunction of your electronic equipment.
It will be your responsibility to protect and correctly use your personal data, including the credentials allowing you to access the restricted services. You will also be responsible for any damaging consequence or prejudice that may derive to the Website Operator or third party from the incorrect use, loss or theft of your data.
4.3 The Website Operator has adopted all reasonable measures aimed at preventing the posting on the Website of contents and images that are likely to infringe a person’s human rights and dignity, in all possible forms and expressions. Should you deem however that such contents are offensive to your religious or ethical sensibility, or your dignity, please report it to the Website Operator (by sending the relevant notice to the following mailbox firstname.lastname@example.org. The Website Operator however warns you that the access, if any, to the contents deemed infringing or offensive is a deliberate act of yours and you are therefore the only person responsible for that.
4.4 The Website Operator has also adopted any useful precautions to ensure that all information present on the Website are correct, complete and updated. The Website Operator accepts however no responsibility for the accuracy and completeness of the contents posted on the Website, unless otherwise envisaged by the law. Should you find any error in the information present on the Website or realize that such information is not duly updated, please report it to the Website Operator sending the relevant notice to the following mailbox email@example.com.
5. Applicable law and dispute resolution
5.1 These General Conditions of Use are governed by the Italian law. Any dispute arising out of these General Conditions of Use between the Website Operator and you, may be resolved through the Alternative Dispute Resolution tool made available by the Chambers of Commerce of Treviso or Milan, Italy.
These General Conditions of Use may be updated or modified from time to time by the Website Operator. Any such modification shall become effective when posted on the Website. We therefore suggest that you review this document regularly.
B – GENERAL CONDITIONS OF SALE
1. Acceptance of the general conditions of sale
1.1 AD offers for sale on the Website photographs and books to end consumers, namely, to persons who buy them for reasons unrelated to the activities, if any, carried by said persons for business, entrepreneurial or professional purposes (“Customer”). AD reserves therefore the right not to process orders placed by persons other than the “consumer” or, in any case, orders that are not consistent with his business policy.
1.2 The agreement executed between AD (hereinafter also the “Seller”) and the Customer shall be deemed binding upon acceptance of the order. AD’s acceptance of the Customer’s order will take place when AD emails the Customer to accept it, at which point a contract will come into existence between the Customer and AD. If AD is unable to accept the Customer’s order, AD will inform you of this in writing and will not charge you for the product. For more detail regarding rejection of a Customer’s order see clause 2.3.
1.3 By placing and confirming an order (hereinafter, the “Order”), Customer declares that it has read and understood all of the indications given during the purchase procedure, and that it accepts, in full, these general conditions (hereinafter, the “Conditions”).
1.4 These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force.
2. How to buy the products
2.1 The products offered for sale by AD are only and exclusively the ones displayed on the Website, and as described in the relevant product information sent to the Customer by e-mail in reply to its request, made by filling the “Wish List” form contained in the Website.
It remains in any case understood that the images of the photographs and the books on the Website are for illustrative purposes only. Although AD has made every effort to display the photographs and the books accurately, AD cannot guarantee that a device’s display of the colours accurately reflects the real tones and colours. The tones and colours of the product delivered to the Customer may vary slightly from those images. Customer can place an order by writing an e-mail to firstname.lastname@example.org or to email@example.com, after having carefully reviewed these Conditions and the product specifications, and having received by AD the relevant price (inclusive of the VAT, if applicabile, but not inclusive of any eventual custom duty or other whatsoever charge), the estimated shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen).
2.2 AD will confirm the Order by sending an email message to the Customer. The email will contain these Conditions of Sale and the summary document on the Right of Withdrawal and therefore, all of the information that is already contained in the summary of commercial and contractual conditions viewed prior to making the purchase (the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
2.3 AD may not process purchases when there are not sufficient guarantees of solvency, when orders are populated incomplete or incorrect, or the products are no longer available. In the above cases, AD will inform you by email that the contract has not been executed and that AD has not carried out your purchase order specifying the reasons thereof.
3. Price and Terms of payment
3.1 The prices and shipping costs will not be indicated on the Website but they will be sent with a private e-mail to the Visitor/Customer. Prices will be inclusive of the VAT – if applicable – but they will not be inclusive of any eventual custom duty or other whatsoever charge). The estimated shipping costs will include the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen by the Customer. AD will use its utmost care to make precise estimates of the shipping costs and of the additional charges (including custom duties), however AD assumes no responsibility whatsoever for wrong estimates.
3.2 Payment of the product prices and relevant costs for shipping and delivery must be made in advance, by using one of the procedures indicated in the e-mail sent to the Customer (such as wire transfer, Credit or Debit Card, PayPal or other specific payment procedures).
3.3 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the Bank which provides remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by AD except for performing the procedure relevant to the purchase or issuing refunds in the case of returns in compliance with the exercise of return rights or for reporting cases of fraud to the police.
3.4 The price for the purchase of products and the corresponding costs for shipping and delivery will be charged to your current account when the purchase has been confirmed and in any case before the shipment.
4. Delivery of the products and relevant expenses
4.1 A product will be under the Customer’s responsibility from the time AD, through its logistics services provider, delivers the product to the address the Customer gave to AD for delivery purposes. The Customer owns a product once AD has received payment in full.
4.2 AD, its eventual suppliers and its logistics service providers shall deliver the products purchased by Customer at the address indicated by the latter in the e-mail of Order confirmation, at the cost specifically indicated in the e-mail before the Order is confirmed.
4.3 To receive the delivery of the products, the Customer shall sign the relevant receipt provided to him, having checked that:
(a) the number of items delivered corresponds to the number indicated in the bill of parcels; and
(b) the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material (sellotape or metal strapping seals).
4.4 Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, shall be immediately reported in the bill of parcel to be returned to the courier.
4.5 Any problem concerning the integrity of the products received, their number and completeness should be reported within 7 days from the relevant delivery.
5.1 Customer is entitled to withdraw from the purchase agreement for any reason, without penalty and without the need to give any explanation, within 14 (fourteen) days after the date of delivery of the products.
5.2 Customer may exercise the right of withdrawal set forth in art. 5.1 above by sending an unequivocal written communication to the mailbox firstname.lastname@example.org. AD will confirm that the e-mail has been properly received by sending an email message to the address notified by the Customer.
5.3 In the event of withdrawal, Customer shall dispatch the goods back at his/her own cost to AD within 14 (fourteen) days from the date on which the above notice was submitted, sending the product/s to be returned to the business address of AD, which is:
Viale Cadorna 10
31100 Treviso – ITALY
by means of a courier chosen by the Customer.
Should it be less expensive for the Customer, Customer could be eventually asked by AD to dispatch the goods at one of its suppliers’ addresses.
5.4 The photograph(s) or the book(s) to be returned must be given back along with the original packaging (including the packaging materials and the documents, if any) and must be carefully stored. It had to be used only for the time strictly necessary to verify its nature and specifications and size, and must show no signs of damage, wear or dirt, as indicated below.
5.5 The right of withdrawal may be exercised only with respect to the entire purchased product, partial withdrawals (accessories, complements, etc.) are not allowed.
5.6 The transit of the product/s, until the Customer receives confirmation that the product has been properly returned and delivered to AD ot to its suppliers, shall be at the Customer’s exclusive responsibility. Therefore, if the product has been damaged during transit, AD shall inform Customer thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund. The product will be made available to Customer and the withdrawal notice will be cancelled
5.7 AD accepts no responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to their shipping back to AD.
5.8 AD shall refund to the Customer the whole amount already paid by the latter, within 14 (fourteen) days from the date of the withdrawal. AD may withhold the refund until the returned product is properly received by AD or until Customer demonstrates that the product has been correctly returned, whichever is earlier.
5.9 Unless otherwise agreed by the parties, the amount initially charged to Customer will be re-funded using the same means of payment used by Customer in the initial transaction. In any case, no amount shall be charged to Customer in relation to the refund.
5.10 Once the products are received back, AD will check them in order to verify that they are consistent with the terms and conditions set forth in this clause and, should the results of such verification be negative, it shall inform Customer by email that the value of the returned products is reduced due to Customer’s failure to comply with the conditions mentioned above. AD will also notify the amount that it will deduct from the amount to be refunded, unless Customer elects to have, at its own expense, the products sent back to him/her in the same conditions in which they were returned to AD.
5.11 In the event that the right of withdrawal is forfeited (for example when the product is returned damaged when the same has been sent through a courier chosen by the Customer), AD shall send back to Customer the purchased product, charging the latter with the relevant shipping costs and, if already refunded, the price of the product.
6.1 All products sold by AD are covered by a 24 (twenty-four) month guarantee for lack of conformity, as provided by the law. To benefit from the guarantee, Customer must keep the relevant invoice, or receipt of payment, together with the bill of parcels.
6.2 The warranty for lack of conformity will be applicable only if the product has been used correctly, in compliance with its intended purpose and in accordance with the use instructions furnished with the product.
7. Claims and queries
7.1 Any claim or query can be sent to AD at the following address:
Viale Cadorna 10
31100 Treviso – ITALY
or writing to email@example.com.
9. Applicable Law
9.1 The sale agreement under these Conditions and its performance are governed by Italian Law, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. Any dispute that may arise out of or in relation to the agreement shall be submitted to the competent court of the place where Customer resides.
9.2 Any dispute that may arise out of these Conditions, may also be settled through the Alternative Dispute Resolution scheme of the Chamber of Commerce of Treviso or of the Chamber of Commerce of Milan.
9.3 Please note that also the European Commission manages an Online Dispute Resolution website http://ec.europa.eu/odr dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.
10. Amendments and updates
10.1 The General Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Conditions of Sale shall be effective as of the date of publication on the Site.
1. Personal Data Controller
1.1 Alberto Damian, with registered office in Viale Cadorna 10, 31100 Treviso, Italy (hereinafter “AD”) is the data controller for the data processing related to the Website, including therein navigation data as well as all the data related to sales.
To contact the data controller and to exercise your rights, you may write to firstname.lastname@example.org or send a request to Alberto Damian to the address of the registered office noted above.
2. Type and purpose of processing performed on the Website – Legal basis for Processing
2.1 Through the Website, different types of personal data are collected and processed, for different purposes and with different methods. More precisely:
(a) personal data related to browsing, which are processed for the sole purpose of allowing the Website to function properly;
(b) personal data provided voluntarily by the user (such as, for example, e-mail address, personal information), or otherwise lawfully acquired during the user’s visit to the website, to respond to the user’s requests and to offer the requested services, assistance and information regarding products;
(c) personal data provided by the user as part of the processes of sending purchase orders for products for the conclusion of transactions and of interacting with users for activities that are operational and essential to the sale, as well as for any necessary pre- and after-sales assistance.
3. Personal data processing methods carried out by AD
However, these measures, due to the nature of the online transmission method, cannot limit or absolutely exclude the risk of access without consent, or of dissemination of data. AD recommends that you periodically verify that your computer is equipped with the appropriate software devices to protect from the transmission of incoming and outgoing data on the network (such as up-to-date antivirus systems) and that the Internet service provider has adopted suitable measures to ensure the security of data transmission on the network (such as, for example, firewalls and antispam filters).
4. Storage Period
4.1 Personal data linked to the purchase will be stored for at least 10 years to comply with tax and civil law.
5. User’s rights recognized by the privacy law
5.1 A user always has the right to obtain from AD confirmation of whether or not personal data concerning him/her exists, even if it is not yet recorded, and to have it communicated to him/her in an intelligible form. A user also has the right to obtain information about the source of personal data; the purposes and methods of processing it, the logic applied in the event of processing that is performed with the aid of electronic instruments; the identification details of the controller and data processors; and indication of the persons or categories of persons whose personal data may be communicated, or who could end up being known by, for example, data processors or agents as data supervisors or data processors. A user also has the right to request an update, correction or, when she/he has an interest in doing so, an inclusion of personal data, deletion, conversion to an anonymous form or the blocking of personal data, that has been processed in violation of the law, including data which it is not necessary to keep in relation to the purposes for which it was collected or subsequently processed; a statement that the above operations were disclosed, including in terms of their content, to those parties to whom the data was communicated, except in the case in which such performance proves impossible or entails the use of methods that are clearly disproportionate to the right protected. The user can also ask for the portability of her/his data.
5.2 A user nevertheless has the right to object, in part or in full, for legitimate reasons, the processing of personal data concerning him/her, even if it is pertinent to the scope of the collection, the processing of personal data concerning her/him for the purposes of sending advertising or direct marketing materials, or to conduct market research or commercial communications and he has the right to ask restriction of processing concerning itself. The right to object may also be exercised specifically with regard to one or more methods of sending marketing communications. The user also has the right to lodge a complaint with a supervisory authority as well as the right to withdraw the consent previously given.
5.3 The above rights may be exercised by writing to Alberto Damian at the address email@example.com.
2. Methods of acceptance
3. Definition of “Cookie”
A cookie is a small file that is sent to the browser in use and saved on your device when you visit a website like www.albertodamian.com.
Cookies allow a website to function efficiently and improve its services, in addition to providing information to the website’s owner for statistical purposes.
4. Which cookies do we use and for which purpose
Our Website uses various types of cookies, each of which has a specific function. We do not use profiling cookies. Below you can find a short explanation of the functions of the cookies we use.
a) Navigation Cookies
From the first access these cookies allow the Website to function correctly. Navigation cookies are technical cookies and are needed for the functioning of the Website.
b) Analytical Cookies
These cookies are used to prepare statistical analyses on the navigation methods of our website’s users. AD treats the results of these analyses anonymously and exclusively for statistical purposes, and only if the service provider uses the cookies in connection with the browser used, or on other devices that are used to navigate on the ebsite. Our Website uses certain third party services which, entirely independently, install their own cookies.
c) Social Network Cookies
These cookies are necessary to allow your social account to interact with our Website. For example, they are used to express your appreciation and to share it with your social networking friends. The social network cookies are not needed for navigation. For more information on the policies regarding the use of social network cookies, it is possible to consult the respective privacy and cookies policies:
- Facebook: http://www.facebook.com/about/privacy/
- Google+: http://google.com/intl/gb/policies/privacy/
- Twitter: http://twitter.com/privacy
- Instagram: https://instagram.com/legal/cookies/
- YouTube: https://www.youtube.com/static?template=privacy_guidelines
The majority of browsers are configured to accept, control or potentially disable cookies through the settings. We nevertheless remind you that disabling navigation or functional cookies may affect the functioning of the website and/or limit the service we offer.
6. Access to data and customer care
You may freely and at any time exercise all of your rights pursuant to Art. 7 of the Privacy Code, or receive assistance and explanations on how to provide your consent or selective refusal, or on how to delete cookies from your browser, by sending an email to firstname.lastname@example.org.