Terms of Sale and Conditions
The Cultural Association Museo Laboratorio della Civiltà Contadina ODV-ETS, with registered offices at Via San Giovanni Vecchio 60, 75100 Matera, Italy and tax code 93022450774, (hereafter the “Association”) offers users the possibility to purchase products (the “Products”) sold by said Association, on the Internet from within the online shop (the “Virtual Showcase”) published on the website museolaboratorio.it/shop (the “Site”), for which the Association shall be an exclusive user as far as the sale of products is concerned.
These products, made by members of the Association within the scope of its purposes, are sold in order to self-finance the Association itself and its activities.
Prices reported for museum visit, workshops and shop are to be considered as indicative of the base contribution through possible donations to the Association for self-financing purpose.
Table of Contents
- Vendor identification
- Restrictions on use of Digital Products
- Order process and finalisation of the purchase agreement
- Import taxes and customs duties
- Payment methods
- Delivery methods
- Right of withdrawal
- Support services
- Handling personal information
- Law and jurisdiction
These Terms of Sale and Conditions for Online Purchases (the “Terms and Conditions”) apply exclusively between the Association and any person who, as defined in Article 3 of the Consumer Code of Italy, (hereafter the “Customer”) makes online purchases exclusively in the capacity as a consumer, on the Site within the Virtual Showcase, in accordance with the procedures described herein.
These Terms and Conditions shall exclusively govern the offer, transmission, methods of purchase, acceptance, delivery of Products purchased and the Customer’s right to withdraw from the purchase of the Products, between users of the Site and the Association, whilst it does not regulate the supply of services or the sale of products from other third parties which can be reached from the Site through hyperlinks, links or banners.
The agreement for the sale and purchase of Products shall be made between the Association and the Customer and shall be finalised exclusively via the Internet, as a result of the Customer accessing the Virtual Showcase published on the Site and subsequently creating a purchase order in accordance with the procedures established inside the Virtual Showcase. Agreements made between the Association and the Customer shall be governed by Directive 2011/83/UE of the European Parliament and the Council of 25/10/2011, and by Directive 1999/44/CE of the European Parliament and the Council of 25/05/199.
These Terms and Conditions may be subject to changes and updates. Each change or update will be published in the Virtual Showcase and the date of the online publication update will be the effective date of the same.
In the event of a variation in the Terms and Conditions, the purchase order shall be subject to the Terms and Conditions published in the Virtual Showcase at the time the order was placed by the customer.
Pursuant to Directive 2011/83/UE, the Virtual Showcase user is invited to carefully read these Terms and Conditions: for this purpose, the Terms and Conditions are available in the Virtual Showcase for all visitors of the Virtual Showcase.
The Customer is invited to print or save the Terms and Conditions in whichever manner they prefer.
The vendor is the Cultural Association Museo Laboratorio della Civiltà Contadina ODV-ETS, with registered offices at Via San Giovanni Vecchio 60, 75100 Matera, Italy and tax code 93022450774.
Information relative to Products available for online purchase through the Virtual Showcase is indicated in the Product Catalogue available in the Virtual Showcase.
Products in the product detail pages are represented in the best way possible. However there may be some errors, inaccuracies or differences between the graphic image / photo of the product shown in the Virtual Showcase and the actual Product sold. The photos of the Products presented in the Virtual Showcase therefore do not constitute a contractual element; they are merely symbolic and representative of the Product sold and purchased.
The availability of Products indicated at the time the order is placed is purely indicative, since, due to the simultaneous presence of multiple users within the Virtual Showcase, Products may be sold to other users prior to the confirmation of the order.
Types of products sold through the Virtual Showcase are the following:
Products hand-made by the members of the Association in its Artistic Workshops are unique pieces, realized with techniques and materials typical of the ancient trades, consistently with the Association purposes (“Handcrafted Products”).
The publications produced by the members of the Association and concerning themes related to its purposes are made available in electronic format (“Digital Products”).
The Digital Products (ebook) sold through the Virtual Showcase are provided in “ePub” format. The use of an adequate device (personal computer, smartphone, ebook reader, etc.) equiped with “ePub” (DRM-free) compatible software is needed for the use of the Digital Products.
More information on “ePub” format can be found on: http://idpf.org/.
Restrictions on use of Digital Products
The Association sells Digital Products (licenses to literary works) to end user Customers only. All Digital Products on the Virtual Showcase are the exclusive property of the Association and/or its members and are protected by copyright and other intellectual property laws. The download of, and access to Digital Products is available only to Customers and is intended only for your personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Virtual Showcase is strictly prohibited. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Product, in whole or in part. By downloading or otherwise accessing Digital Products from the Virtual Showcase, you hereby acknowledge and agree to these terms.
Order process and finalisation of the purchase agreement
In order to purchase Products, the Customer must complete the electronic order form and submit it to the Association, in accordance with the instructions provided in the Virtual Showcase.
The order form contains a summary of the main commercial terms and conditions, including price, methods of payment and delivery methods, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions.
Prior to the transmission of the purchase order:
The Customer may correct any errors in the inserted data using the tools available in the Virtual Showcase. Please note that the Customer has the option of changing the quantity and type of Products to be purchased by adding or deleting one or more Products from the “Shopping Cart”.
The Association reserves the right to assess the acceptance of orders received, and may reject or choose not to process purchase orders that are incomplete or incorrect, or in the event of the unavailability of Products, or in the event orders require the delivery of Products in particular geographical areas.
The Association shall notify the Customer of its impossibility to accept any orders received within 48 hours from the working day following the day on which the Customer sent the order, and shall refund any amounts already paid by the Customer for the supply.
The sale and purchase agreement for the Products listed on the order form will be finalised once an email with the order confirmation (the “Order Confirmation”) has been sent by the Association to the Customer’s email address. This confirmation will summarise the Products selected by the Customer, their price, transport and delivery costs, the delivery address, order number (the “Order Number”), Terms and Conditions and specific information regarding the Order.
The Customer undertakes to check the accuracy of the information contained in the Order Confirmation and to notify the Association of any eventual corrections within 24 (twenty-four) hours of the receipt of the Order Confirmation. Any eventual additional costs incurred by data input errors that are not promptly reported to the Association, shall be borne by the Customer.
The Order Number generated by the system and communicated by the Association shall be used by the Customer for all subsequent correspondence with the Association.
All prices for Products sold by the Association in the Virtual Showcase are exempt from VAT or other taxes (Presidential Decree 633/1972, art. 1-5 and art.2 sub.2 Legislative Decree n.460/97).
Delivery costs (the “Delivery Costs”) shall be borne by the Customer and are appropriately highlighted in the order and in the Order Confirmation. In particular, the order form, the order confirmation and the customer receipt / invoice shall report the following details:
- Product Price;
- Delivery Costs.
The prices published in the Virtual Showcase and offers may vary; the Association reserves the right to make changes without prior notice.
Products shall be sold at the price shown in the Virtual Showcase at the time the order form was sent, without taking into consideration any previous offers or subsequent changes in price.
In the event a price has been incorrectly published by mistake, the Association reserves the right not to confirm the order received, renouncing the sale.
Import taxes and customs duties
Depending on the place where the purchased goods have been produced, or the location where they must be delivered, purchased Products may be subject to import taxes and / or customs duties for a value that may vary depending on the type of Product sold and the country of destination.
It is therefore not possible to predict in any way which costs, if any, will be incurred for the customs clearance of purchased goods.
Consequently, any costs relating to import taxes and / or customs duties shall be solely borne by the Customer.
For more information, please contact the customs office in your country.
The payment methods are those indicated in the order form.
Payments can be made online through PayPal, using the payment methods provided by this platform (including credit cards) and in accordance with other methods specified in the Virtual Showcase and in the “Shopping Cart”.
Contingent on the transaction’s completion online, PayPal will immediately charge the amount relative to the effectuated purchase.
In the case of order cancellation, either by the Customer or in the event of non-acceptance of the same by the Association, the latter will contingently request the cancellation of the transaction and that the sum relative to the cancelled merchandise be re-credited to the Customer’s Paypal account. The time necessary for re-crediting the method of payment preselected in the Paypal account depends exclusively on Paypal and the banking system. Once the amount has been re-credited to the Paypal account, the Association will not, under any circumstances, be liable for any damages, direct or indirect, caused by Paypal or the banking system’s delays In the effective re-crediting.
The Association reserves the right to request supplementary information from the Customer (eg. home phone number) in order to verify ownership of the Paypal account in question. In the absence of the documentation requested, the Association reserves the right to not accept the order.
At no time during the purchase process the Association is able to view information regarding the Customer’s credit card or other methods of payment selected from PayPal’s wallet. Therefore, regarding payments for products purchased through the Virtual Showcase, in no event the Association can be held responsible for any fraudulent or improper use of credit cards by third parties.
The Association will issue a Product purchase receipt and will email it to the Customer within 48 hours from the Order Confirmation. For the issuance of the receipt, the information provided by the Customer will be considered valid. It will not be possible to make changes to the information after the receipt has been issued.
The Association is exempted from the obligation to issue invoices (Presidential Decree 633/1972, art. 1-5).
Purchased Products shall be delivered to the address specified by the Customer in the order form.
Delivery Costs shall be borne by the Customer and are clearly indicated on the order form and in the Order Confirmation.
Products will only be delivered after full payment for the order (including the cost of purchased products and Delivery Costs) has been made by the Customer.
The Association will deliver the purchased Products using specialised carriers (Poste Italiane). Terms, conditions and characteristics of service offered by the carrier are shown on its website (delivery in Italy: Pacco Ordinario, delivery abroad: Pacco Ordinario Internazionale)
For local Customers, option of local pickup of the Product at the Association address is available.
The pickup shall be agreed between the Association and the Customer, who shall provide the Order Confirmation and the Receipt.
No other shipping methods are available except specific agreement with the Association.
In the event of visible non-conformities, such as incorrect quantities and / or an incorrect product and the non-integrity of packaging, the Customer or their trusted person must immediately indicate such non-conformity on the transport document and must also contact the Association at the email address [email protected], within and no later than 8 days from Delivery. In any case, guarantees specified by Directive 1999/44/CE and subsequent modifications and integrations shall remain valid.
The Digital Products purchased can be downloaded by the Client through the link received by email after the payment. The link will be valid for 24 hours, within which the Customer can download the purchased Digital Product. At the end of the link validity period, the Digital Product will no longer be downloadable.
Right of withdrawal
According to the specifications of Directive 2011/83/UE, the Customer, insofar as a consumer (as defined in Article 3 of the Italian Consumer Code), has the right to withdraw from the purchase of the Products without any penalty and without specifying the reason, within 14 days from the date the Products are received.
If the Customer decides to exercise this right, they must submit an explicit declaration relative to their decision to withdraw from the agreement and send said declaration to the Association via registered letter with advice of delivery or equivalent.
Once this notification has been sent, the Customer must wait for a response from the Association authorising the return and indicating the steps to return the Product/s.
Once this response has been received, the Customer must return the Products for which they have exercised their right of withdrawal to the indicated address, according to the specified terms and in any case within 14 days from the date on which the Customer notified the Association of their decision to withdraw.
In accordance with the law, consignment costs for the return of goods shall be borne by the Customer.
The goods must be returned in their integral state, in their original packaging, complete in all their parts (including packaging and accessory equipment), complete with the attached tax documentation. The Customer is completely responsible for the return of the goods.
Without prejudice to the right to verify compliance with the above, and provided the right of withdrawal is exercised within the aforementioned terms, the Association shall refund the value of the Products that are the object of the withdrawal as soon as possible and within a maximum period of 14 days from the date notification of the Customer’s intention to exercise their right of withdrawal is received. The Association nonetheless has the right to retain the refund until such time as they receive the Products that are the object of the withdrawal, or until such time as the Customer demonstrates that they have returned the Products that are the object of the withdrawal, depending on which circumstance is verified first.
In accordance with the provisions of Directive 2011/83/UE, the right of withdrawal described above does not apply to products that have been customised or clearly personalised, or which, by their nature, cannot be returned or they will risk deterioration or rapid alteration, or which cannot be returned for hygienic reasons or reasons connected with health protection, and which have been opened after their delivery; or which, after their delivery, prove to be inseparably mixed with other goods.
The right of withdrawal shall be waived if, after the Association receives the returned product, it is verified that the same is damaged and / or not integral. In this case, the Association shall promptly notify the Customer and return the Product to the Customer, charging the cost of consignment to the Customer.
The Directive 2011/83 / EU extends the right of withdrawal also to the purchase of digital content or of those purchases that are not provided on a physical medium (such as, for example, e-books). However, in case of purchase of digital content, the consumer can exercise the right of withdrawal only if the execution has not already started.
Consequently, by accessing or downloading the purchased Digital Product, the Customer agrees to waive the right to withdraw from the purchase of the Digital Product.
The Products created in the Artistic Workshops of the Association are unique pieces, made with artisanal and non-industrial procedures.
Imperfections such as dimples and ripples of the surface are deliberately present. These imperfections constitute a specific feature of the product and its handicraft manufacture, and are therefore cannot be considered as defects.”
Exception made for the aforementioned characteristic imperfections, in the event Products are received that do not comply with orders or which are defective, the Customer must notify the Association via email within 2 months of the discovery of the non-conformity. The Customer must also specify whether they want the Product replaced/repaired or whether they want a price reduction. Beyond such timeframe, the Association will therefore no longer be liable for non-conformities identified by the consumer.
In the event the Product is replaced or repaired, the warranty terms relative to the replacement or repaired product shall be the same as those for the original product. Therefore, the total duration of the two-year legal warranty shall commence from the Delivery of the original product.
In the event the Product is replaced or repaired, the Association shall contact the carrier, who will retrieve the goods according to their availability.
In any case, the Association reserves the right to verify the disputed non-conformity, and if confirmed will either send the replacement goods or refund the amounts paid.
In order to use the warranty, it is necessary to present the purchase documents.
If repair or replacement is impossible or excessively burdensome, the Customer may select whether to request a price reduction or dissolve the agreement. It is implied that when determining the value of the reduction or the value to be refunded, the use of the Products shall be taken into account, as well as the fact that a minor defect, for which it was not possible or for which it was too burdensome to offer a replacement or perform repairs, shall not grant the right to dissolve the agreement.
In any case, for rules governing the legal warranty, reference is made to the standards of Directive 1999/44/EC of the European Parliament and of the Council of 25/05/1999.
The Customer may receive information relative to after-sales support services by writing to [email protected].
Handling personal information
All communications may be addressed to the Association via email at the address [email protected].
Law and jurisdiction
This agreement is governed by and must be interpreted in light of:
- Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011,
- Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999.
For matters not covered in the aforementioned directives and in the aforementioned Legislative Decree, Italian law shall be applied.
For all disputes concerning the interpretation, execution, dissolution, validity and effectiveness of this agreement, Italian jurisdiction shall be applied and the standards of the following directives shall be applied:
- Directive 2011/83/EU,
- Directive 1999/44/EC,
and for all that not specified herein, the substantive and procedural law in force in the territory of Italy shall be applied.
All disputes concerning the interpretation or execution of these Terms and Conditions shall be resolved exclusively by the Court of Jurisdiction of the Customer’s area of residence, if the Customer is a citizen of a Member State of the European Union or the Court of Jurisdiction of Matera in Italy, if the Customer is a citizen of a State that is not a member of the European Union.
Last modified: 19 May 2018