General Sales Conditions

Art. 1 – Object of the agreement

1.1 These general sales conditions shall govern each sale between the company Arteni S.p.A., with registered office in 33010 Tavagnacco (UD), via Nazionale 135 REA [Administrative and Economic Index] UD- 255522 (hereinafter “Arteni”) and the party who proceeds to the purchase of one or more products (hereinafter the “Products”) marketed by Arteni on the site shop.arteni.it (hereinafter the “Site”). This is provided that such party does not purchase for purposes related to business, commercial, craft or professional activity (hereinafter the “Consumer”or “Customer”) that such party may possibly carry out. If the party that is proceeding to the purchase is not in possession of such requirements, the same should refrain from forwarding the purchase order.

1.2 The agreement will be exclusively concluded through the Internet, by the Customer’s access to the Site shop.arteni.it and the placement of a purchase order in accordance with the procedure indicated by the same Site. 

The Consumer agrees, before proceeding to place a purchase order for the Products, to examine these general sales conditions and the information on the right of withdrawal, and to accept them in an express manner. Each purchase of Products shall be regulated by these general sales conditions in the version that is published on the Site at the time that the order is transmitted by the Consumer to Arteni, as indicated under article 2 below.

1.3 In order to make a purchase on the Site shop.arteni.it it is necessary to be of age (18 years old), and the Consumer states that s/he is of age.   

Art. 2 – Conclusion of the agreement

2.1 The display of the Products on the Site represents a mere invitation addressed to the Consumer for the submission of a contractual proposal for the purchase.

2.2 The purchase order transmitted by the Consumer to Arteni through the Site has the value of a firm contractual offer for 72 (seventy-two) hours from Arteni receiving it and it is regulated by these general sales conditions, which are an integral part of the same order. The Consumer declares to entirely accept these conditions.

In order to be able to transmit a purchase order for the Products, through the procedure indicated on the Site, the Consumer will be required to carefully read these general sales conditions and the information on the right of withdrawal, and to expressly accept these general sales conditions. Before finally sending the purchase order, the Consumer will be required to verify the data entered in the same order, and s/he may change or amend them from any data entry error.

2.3 The agreement for the purchase of products will be considered to have been executed once the Consumer is sent an order confirmation e-mail, at the electronic mail address declared by the same to Arteni upon the registration to the Site. Such e-mail will contain the details of the same consumer and the order number, the information relevant to the features of the Products ordered, the selected methods of payment, the shipping costs, the method and address of delivery, as well as the text of these general sales conditions. The Consumer is advised to print a copy of these general sales conditions, and/or to store a copy thereof on a durable medium of his/her choice.

2.4 The Consumer accepts that the confirmation of the information relevant to the order placed, the data of the Consumer and the order number, the information relevant to the features of the Products ordered, the selected methods of payment, the shipping costs, the methods and the address of delivery, as well as the text of these general sales conditions, under par. 2.3 above, will only be sent him/her by via e-mail at the address declared by the same to Arteni upon his/her registration to the Site.

Art. 3 – Methods of purchase of the products

3.1 The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and adding them to the virtual shopping cart. 

3.2 The availability of the Products and the time of delivery indicated on the Site are however to be considered as merely indicative. There is a possibility that even after the transmission of the order confirmation e-mail by Arteni, cases of unavailability of the Products may occur, even temporarily. In such events, Arteni will send an e-mail notice to the consumer and will refund any amounts already paid by the Consumer in consideration for the Product, by the same method of payment – where possible – as used by the Consumer upon the purchase of the Product. If this is not possible, the refund will be made by bank transfer. The Consumer will be responsible for providing the necessary bank details to Arteni, by e-mail at the address [email protected], so that this latter can make the transfer in favor of the Consumer and is put in a condition to return the amount due. No other claims may be advanced by the Consumer at any title, either as indemnification and/or as compensation of damages, including non-pecuniary damages.

3.3 If the Consumer has chosen the bank transfer as the method of payment, the time of delivery will start to run from the date on which the transfer has been credited to the Arteni company.

3.4 Once the selection of the Products is completed, in order to carry out the purchase of the Products added to the cart, the Consumer will be invited to register to the Site, by providing the necessary data, or to log in, if the Consumer is already registered. The Consumer will view a summary of his/her order and may modify the relevant contents. The Consumer will then carefully read these general sales conditions and must expressly approve them by ticking the relevant checkboxes that are present on the Site.

3.4 Lastly, through the button “order with obligation to pay”, the Consumer will be requested to confirm his/her order, which will thus be finally sent to Arteni and will produce the effects described above, in art. 2 of these general sales conditions. 

Art. 4 – Methods of payment 

4.1 The Consumer may select the methods of payment among those available on the Site.

4.2 In case of payment by credit card, upon the transmission of the order the bank will proceed to commit the amount relevant to the order made from the funds available in the credit card. The amount relevant to the purchase of the Products will be charged once the order is completed and ready for shipment.

4.3 The notices relevant to the payment and the data communicated by the Consumer at the time that this is made will be provided through a protected connection directly onto the site of the party that manages the electronic payment (Bank). Accordingly, Arteni does not store the data relevant to payments in any way. In no event, therefore, Arteni may be held liable for any fraudulent and/or unauthorized use by third parties of the data of the credit card used for the payment.

4.4 If the payment is made by bank transfer in favor of Arteni, the Consumer shall report, in the description of the reason of the bank transfer, the order number and the date indicated in the order confirmation, as well as the first name and surname of the person who has placed the order. 

4.5 If the method of payment selected is cash on delivery, the Consumer may pay the amount due (including the cost for the cash-on-delivery service as specifically indicated in the order summary) directly to the courier in cash or by bank draft. 

Art. 5 – Method of delivery of the goods and acceptance of the Products

5.1. The time of delivery of the Products is to be considered as merely indicative and not binding for Arteni.

5.2 Arteni undertakes to take all possible measures to comply with the time of delivery indicated on the Site and, in any event, to carry out the delivery within 30 (thirty) days maximum after the date of transmission of the order confirmation to the Consumer. 

5.3. The Products ordered by the Consumer will be shipped in accordance with the procedure selected by the Consumer, among those available and indicated on the Site at the time of the transmission of the order. The Consumer agrees to check the products purchased in a timely manner, and however within and not later than 8 (eight) days of the relevant delivery, in order to verify that the same includes all Products ordered and only such Products. The Consumer also agrees to promptly notify Arteni in the event that the Products are defective or do not correspond to those indicated in the order placed, always within the time limit and in accordance with the procedures indicated below, in art. 8 of these general sales conditions: if no such notice is given, the Products will be intended to have been accepted at the date of delivery.

5.4 If the packaging or wrapping of the products ordered by the Consumer are apparently damaged when they arrive at destination, the Consumer will have an obligation to refuse the relevant delivery by the carrier/shipping agent or to accept the delivery but affix the words “subject to checking” on the delivery document signed to the carrier/shipping agent. The application of the provisions in favor of the Consumer regarding the legal warranty of conformity and right of withdrawal are in any event unprejudiced.

Art. 6 – Prices, shipping costs, taxes and duties.

6.1. The price of the Products is as indicated on the Site at the time of the transmission of the order by the Consumer. Prices are expressed in Euros, inclusive of VAT and of any indirect taxes (where applicable).

Shipping costs are not included in the purchase price but are calculated in a final manner in the order, depending on the type of delivery chosen by the Consumer among those that are available. Such shipping costs will be due by the Consumer to Arteni in addition to the price of the Products indicated on the Site.

6.2. The Consumer will have to pay Arteni the total amount, as reported in the order and in the order confirmation sent by Arteni to the Consumer via email.

6.3. If the Products are to be delivered in a Country that is not a member of the European Union, the total amount indicated in the order and reported in the order confirmation, due by the Consumer to Arteni, will include the price of the Products and the shipping costs, as indicated in par. 6.1 above, before any customs duties and other local taxes on sales. The Consumer agrees, now for then, to pay such taxes, where due, in addition to the amount indicated in the order and in the order confirmation, in accordance with the legal provisions of the Country in which the Products are to be delivered. Before forwarding a purchase order, the Consumer is advised to seek the necessary information from the competent bodies of his/her country of residence or the country of destination of the products, in order to obtain information on any local duties or taxes charged on the relevant Products.

6.4. The Parties agree that any additional costs, charges, taxes and/or duties which a certain country may apply, for any reason whatsoever, on the Products ordered by the Consumer pursuant to these general sales conditions shall be exclusively borne by the Consumer.

6.5. The Consumer expressly declares that any lack of knowledge regarding possible costs, charges, customs duties, taxes and/or other duties as mentioned in par. 6.3. and 6.4. above, at the time of placing an order with Arteni, will not be a cause for termination of the agreement and that s/he may not, in any event, charge such costs, charges, customs duties, taxes and/or other duties on the Arteni company.

Art. 7 – Right of withdrawal 

7.1 The Consumer will be entitled to withdraw from any agreement concluded under these general sales conditions, without any penalty, within a period of 14 (fourteen) days after the Product has been delivered or, in case more than one Products, purchased separately, are included in the same order, after the last Product of such order has been delivered. 

7.2 The Consumer may exercise the right of withdrawal by sending an express statement as contained in the sample withdrawal form (annexed hereto), within the time limit set in item 7.1, or any other express statement declaring his/her decision to withdraw, possibly through the following e-mail address: [email protected] The Consumer will receive from Arteni an email confirming the receipt of his/her request of withdrawal, containing a Product return form and a return code.

7.3 As an alternative, the Consumer may exercise his/her right of withdrawal through the following  computer procedure included in his/her personal page of the Site:

- Access your personal account;

- Enter the Order History section;

- Click on the Details of the order that includes the product you intend to return;

- Select the checkbox corresponding to the product;

- enter the reason of the return in the relevant space below (optional);

- Send the request by clicking on the Submit a return note button.

7.4. If the Products have already been delivered or shipped to the Consumer, within and not later than 14 (fourteen) days respectively running from the date on which s/he has notified Arteni of his/her decision to withdraw from the agreement or after the date on which the Products have been delivered to him/her, the Consumer will have to report the return code on the return form under par. 7.3 above and return the Products to Arteni, together with such return form, at:

Arteni S.p.A. with registered office in 33010 Tavagnacco (UD), via Nazionale 135.

The costs for the restitution of the products further to the exercise of the right of withdrawal will be borne by the customer.

7.5 The deadline under article 7.4 above for the restitution of the Products to Arteni will be complied with if the reshipping occurs before the expiration of the period of 14 days, regardless of the subsequent date, on which the Products are actually redelivered at the offices of Arteni. 

7.6 The risks relevant to the restitution of the Products, in consequence of the exercise of the right of withdrawal shall be exclusively borne by the Consumer.

7.7 The Consumer will be liable for any decrease in value of the Products resulting from handling them in any way, other than what is necessary to establish the nature, features and functioning of the same Products. Therefore, if the Products returned appear to be damaged (for instance, with signs of wear and tear, dent, scratch, deformation, etc.), not complete with all their elements and accessories (including labels and tags, unaltered and attached to the Products), not accompanied by the annexed instructions and/or manuals, by the original packaging and wrapping and by the certificate of warranty, if any, the Consumer will answer for the reduction in value of the Products. S/he then will be only entitled to the refund of the amount equal to the residual value of the Products. In view of the above, the Consumer is advised not to handle the Products beyond what is strictly necessary to establish the nature, the features and the functioning of the same and, in case of restitution, to cover the original wrapping of the Products with another protective package so as to preserve its integrity and protect it during transportation.

7.8 Arteni reserves the right to verify the condition in which the Products are returned in consequence of the exercise of the right of withdrawal and to notify the Consumer, via electronic mail, of any reduction in value of the products resulting from handling other than what is necessary to establish the nature, features and functioning of the same Products. It also reserves the right to proceed to the refund under par. 10.6 keeping such reduction in value into account.

7.9 Without prejudice to the right of verification under art. 7.8 , Arteni shall refund the amount paid by the Consumer for the order in question without unjustified delay and, in any event, not later than 14 (fourteen) days of receiving the notice of the Consumer regarding the exercise of the right of withdrawal. Pursuant to the law, Arteni may suspend the refund until it receives the goods or until the Consumer proves that s/he has reshipped the Products to Arteni. 

Arteni will make the refund by using the same means of payment used by the Consumer or, if this is not possible due to technical reasons, onto another means of payment previously communicated by the Consumer, without any charge or cost being debited to this latter.

Art. 8 – Legal warranty of conformity

8.1. To the effects and purposes of the European Directive 44/99/EC and of arts. 128 and ff. of the Italian Legislative Decree no. 206/2005 (Consumer Code), the Products purchased by the Consumer are covered by a legal warranty of conformity that extends to the defects of conformity of the Products  for a maximum period of 24 (twenty-four) months after the delivery of the Products to the Consumer. The legal warranty of conformity allows the Consumer, in case of defects of conformity of the Product, to obtain the repair or replacement of the product (if and insofar as it is possible), by addressing Arteni directly, within a reasonable time, keeping the nature of the Product into consideration. As an alternative, the Consumer may request the reduction of the price or the termination of the agreement.

8.2. The consumer has a duty to report any defects of conformity within and not later than 2 (two) months of the relevant discovery, under penalty of forfeiture of this legal warranty of conformity. In particular, the Consumer will transmit this form (annexed hereto) to Arteni, via e-mail at the address [email protected], with the indication of the non-conformity and/or defect found, as well as the relevant documentation as indicated in the return form. 

Alternatively, the Consumer may report any defects of conformity through the following computer procedure from his/her personal page of the Site:

- Access your personal account;

- Enter the Order History section;

- Click on the Details of the order that includes the product you intend to return;

- Select the checkbox corresponding to the product;

- Enter the reason of the return in the relevant space below;

- Send the request by clicking on the Submit a return note button. 

8.3. After receiving the report under art. 8.2 above, and the relevant documentation, Arteni will assess the defects and non-conformities reported by the Consumer and will decide whether to authorize the return of the Products. In this case, it will send the Consumer a reply containing the Return Code and the instructions to reship the Product, via electronic mail at the address provided by this latter during the process of registration to the Site. The authorization to return the Products will not imply in any way an admission of the defects or non-conformities. Their existence will have to be verified after the return. The Products for which Arteni has authorized the return will be delivered by the Consumer at his/her own cost, together with a copy of the notice of authorization of return that contains the Return Code. The delivery will have to be made within 30 (thirty) days of the non-conformity report, at the following address: Arteni S.p.A. with registered office in 33010 Tavagnacco (UD), via Nazionale 135 - Italy.

8.4. Arteni will carry out the quality controls to verify the non-conformity of the Product, by sending the Products purchased directly to the Manufacturer of the same. Arteni will send a reply to the Consumer via electronic mail at the address of the Consumer as provided upon registration to the Site. If the non-conformity of the Product is confirmed, Arteni will proceed to refund the Consumer for the shipping costs incurred for the redelivery of the non-conforming Product and, at no additional cost to the Consumer, to repair the product or replace it with a new Product at the discretion of Arteni. In this latter case, the non-conforming Product replaced will remain the property of the same Arteni. If the product cannot be replaced or repaired, Arteni will refund the Consumer for the price paid for the Product. Such refund will be made, where possible, by the same method of payment as used by the Consumer upon the purchase of the Product, or otherwise by bank transfer. The Consumer will be responsible for providing the necessary bank details to Arteni, by e-mail at the address [email protected], so that this latter can make the transfer in favor of the Consumer and is put in a condition to return the amount due.

8.5. The application of any warranty is excluded in case of use or washing of the Products that are unsuitable in view of the nature of the Products or not in line with those indicated in the Instructions/warnings provided in this regard by Arteni and/or by the Manufacturer of the Products  purchased, or reported in the tags or labels attached to the same Products.

Art. 9 - Privacy

9.1 In order to be able to proceed to the registration, to the forwarding of the order and therefore to the conclusion of this agreement, a few personal data are requested of the Consumer through the Site. The Consumer acknowledges that the personal data provided will be registered and used by Arteni, in accordance with and pursuant to the provisions contained in the Italian Law, D.Lgs. [Legislative Decree] no. 196/2003 and subsequent amendments (Privacy Code) in order to carry out each purchase made through the Site. They may also be used, with the Consumer's consent, for those additional activities that may have been indicated in the privacy information provided to the Consumer through the Site upon his/her registration or upon the placement of an order.

9.2 The Consumer represents and warrants that the data provided to Arteni during the registration and purchase process are accurate and true.

9.3 A Consumer registered to the Site may at any time update and/or modify the personal data provided to Arteni though the relevant section of the Site, “My Account”, which can be accessed after successful authentication.

9.4 For all further information on the methods of processing of personal data, please refer to the mentioned information and the privacy and cookies sections of the Site.

Art. 10 - Security

Arteni adopts measures to protect personal data against loss, falsification, tampering and improper use by third parties. However, by reason of the characteristics and the technical limitations relevant to the protection of electronic communications through the Internet, Arteni cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer's login, may not be accessed or viewed by unauthorized third parties.

Art. 11 – Validity of the terms

11.1 If a term or part of a term of these general conditions is deemed to be invalid because it does not comply or is in contrast with a legal provision, all other terms of this agreement or all other parts of the same term will remain perfectly valid and enforceable.

Art. 12 – Governing law and place of jurisdiction

12.1 These general sales conditions and all contracts referable thereto are governed by the Italian substantive law (in particular, by legislative decree no. 70 of 9 April 2003 on certain aspects relevant to electronic commerce and, for “consumers”, legislative decree no. 206 of 6 September 2005, “Consumer Code) shall apply.

The Consumer residents in one of the states of the European Union is informed that, Pursuant to Art Effects - 14 of EU Regulation no. 524/2013, for the resolution of disputes relating to this Agreement Name and on-line services and facilities by this site, there is a possibility of using the online dispute resolution process ( ODR ), Expected From the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/. In compliance with the provisions in the above Regulations, it will also communicate that Arteni e-mail address is: [email protected]

12.2 The Courts having jurisdiction over all and any disputes as may arise between the parties with regard to the validity, enforceability, interpretation and/or performance of this agreement, or connected therewith, shall be those of the place or residence or domicile of the Consumer, provided they are within the Italian territory. Consumers having their residence or domicile outside the Italian territory will have a choice between i) the Courts of the place of residence or domicile of the Consumer; or ii) the Court of Udine, Italy;

12.3 The legal provisions in force in the Italian territory will apply for all what is not expressly regulated herein.

12.4 The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this agreement is expressly excluded (Vienna Convention of 1980).

Art. 13 – Final provisions

13.1 The agreement replaces all contracts, agreements and understandings previously occurred between the Parties and, together with the order, the order confirmation and the general conditions relevant to the use of the Site, it embodies the entire agreement between the Parties with regard to the object hereof.

13.2 Any change or amendment of this agreement will have to be accepted by both Parties in writing.


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