Conditions of Sale
Website publication and entry into force date 01/01/2019
These general terms and conditions of sale (hereafter also the "Conditions") shall apply to the purchase of “Ithaca, arte in terracotta” products (hereafter the “Products” or individually the "Product") via the e-commerce website (hereafter the “Site”). The Site is own by Paola Stella, with registered office in Ludwig-Thoma-Weg 18, 83224 Grassau, Germany, USt-IdNr: DE276585264.
The Parties involved in the purchase of Products via the Site shall be Paola Stella as Seller (hereafter the "Seller ") and the party purchasing one or more Products (hereinafter, the “Client” or “Buyer” and, jointly with the Seller, the “Parties”).
Any communication by the Client in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc. - shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address firstname.lastname@example.org.
All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Client.
Should one or more sales be made to a buyer who does not qualify as a Consumer, but as a Professional, these Conditions shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right shall not apply to the buyer;
b) the Product warranty shall not apply to the buyer;
c) the sales contract entered into by the Seller and the buyer shall be governed by German law.
On submitting the order, the Client agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
Clients must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Client declares compliance with such requirements.
The Client shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
Product features and availability in the various geographical areas.
The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Client is therefore advised to check the final prices before submitting the purchase order.
Product purchase procedure - Conclusion of each single purchase contract
The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Client to make a contractual offer to purchase and is not an offer to the public.
The purchase order submitted by the Client to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Client undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Clients will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Clients will also be asked to check and correct any errors in their personal data.
The Client's purchase order is accepted by the Seller by sending an e-mail to the Client confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Client has not registered on the Site; the order confirmation email which will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices and shipping costs along with a description of the product features. The Client’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Client may request a copy of the same by sending an e-mail to the Seller at email@example.com.
Any contract for the purchase of the Products shall be deemed concluded when the Client receives the order confirmation from the Seller by e-mail.
The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Client will be asked to (i) register with the Site, providing details as requested. If the details on the order are different from those provided during the Site registration phase, the Client will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Client can be contacted in relation to the purchase made. The Client will be shown a summary of the order to be processed, and change the contents: at this point, the Client, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller. The Client will also be asked to select a payment method from those available. When the Client selects immediate payment by credit card or Pay Pal, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Client for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Client when the Seller sends the actual order confirmation.
In the event that during the Product selection procedure on the Site, the Client should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Client is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address firstname.lastname@example.org.
Delivery and acceptance of goods
Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Client places the order. If the order cannot be processed by the Seller, as the Product ordered by the Client is not available, even temporarily, for delivery, the Seller shall notify the Client in writing and refund the amount already paid.
The Products ordered by the Client shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Client undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Client reaches its destination visibly damaged, the Client is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with reservations”.
Prices, shipping costs, customs duties and taxes
The price of the Products on sale is that indicated on the Site at the time the order is placed by the Client. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Client is confirmed, and which the Client agrees to pay to the Seller in addition to the price shown on the Site.
The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Client.
If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Client hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Client is invited to check with the relevant authorities in his country of residence or destination of Products.
All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Client.
The Client hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Client. The Client expressly agrees that processing of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
Payments for orders can be effected by credit card or via PayPal, at the conditions provided below. The Seller may allow additional payment methods, indicating them in the Website's payment section.
When payment is by credit card, the Client will be transferred to a secure site and the credit card information will be communicated directly to Cartloom, the operator designated by the Seller to handle all such transactions.
Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
The Seller, in accordance with European Directive 44/99/CE (hereinafter "Consumer Protection Code"), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
The Consumer is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, sending the relative form to the Seller's Customer Service by email to email@example.com, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty.
On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order. The Products that the Seller has authorised to be returned shall be sent by the Consumer to the following address: Paola Stella,
83224 Grassau, Germany
In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or other remedies.
If the Seller undertakes to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address firstname.lastname@example.org, the bank details for the bank transfer in his favor, and allow the Seller to to transfer the refund.
Right of withdrawal
Notwithstanding the exceptions under art. 59 of the Consumer Code, and without prejudice to the provisions of paragraphs 2bis.4 and 2bis.5 above, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general Conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.
To exercise a right of withdrawal, the Consumer shall send an explicit declaration to Paola Stella, using the Contact Form or email address email@example.com .
On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email containing, in the case where the ordered product has already been received, the RMA form to be included in the package, along with the instructions on how to return the product, to be sent within and no later than 14 days to:
83224 Grassau, Germany
If the Consumer has received the product, he is required to return it to the above indicated address without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if the Consumer returns the goods before the period of 14 days has expired. The Consumer shall be responsible for the direct risks and costs of returning the goods, and providing proof of the same. If the Consumer exercises his right of withdrawal via the Site and wishes to use the return service provided by the Site, before confirming the withdrawal request, the cost to return the goods will be indicated.
If the Consumer withdraws from this contract, a refund of all payments received will be effected, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising the right of withdrawal. Such refunds shall be effected using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.
The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), the original packaging, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature and characteristics of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
Intellectual Property Rights
The Client acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Paola Stella, with no rights arising on the part of the Client in relation to the same as a result of access to the Site and/or purchase of the Products.
Unless prior specific consent is granted in writing by Paola Stella, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
Protection of Client Personal Data
In order to proceed with the registration process, place an order and conclude this contract under these Conditions of sale, the Client is required to provide certain personal details. The Client hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
The Client is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller.
While the Seller takes all necessary precautions to protect personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Client on the Site, even after the Client has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Cartloom which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
Welcome to the https://ithacagallery.com website, the official online shop of Ithaca, arte in terracotta (hereafter the “Site”). The Site is managed and maintained by Paola Stella, with registered office in Ludwig-Thoma-Weg 18, 83224 Grassau, Germany, USt-IdNr: DE276585264.
Access and use of the Site is regulated by the General Conditions of Use (hereafter the "General Conditions"). The access and use of this Site, as well as the purchase of products, imply the reading, knowledge and acceptance of these General Conditions of Use, and General Sales Conditions.
If you do not agree with any or all sections of the Site General Conditions, please refrain from using this Site.
Anyone accessing and using the Site, implicitly declares not to use the Site for illicit purposes or those contrary to the applicable laws in force.
Paola Stella can modify or simply update these General Conditions, in full or in part. The changes and updates of the General Conditions will be notified to the users in the Homepage of the Website as soon as they become applicable, and they will be binding once published on the Website, in this section.
If any clause of these General Conditions are deemed illegal, null and void or ineffective for whatever reason, such invalidity or inefficacy shall have no effect on the validity or efficacy of the remainder provisions.
Contents of the Site
The access and use of the Website, including the visualization of the web pages, communication with Paola Stella, possibility to download information on products and purchase of said products on the Website, constitute activities carried out by our users, exclusively for personal purposes and not related to any commercial, entrepreneurial and professional activity.
By accessing the site, you will be the only one liable for the use of the Site and its contents. In fact, Paola Stella cannot be deemed liable for the use of the Website and its contents which is not compliant with applicable laws, by any of its users, granted Paola Stella’s liability for misconduct or gross negligence. In particular, you will be the only one liable for the communication of wrong, false information and data or relative to third parties, without their explicit consent, and for the improper use of said data.
In conclusion, since all the material will be downloaded or otherwise obtained through the use of a selected service at the user's risk, any liability for possible damages to the computer systems or losses of data due to downloading operations, will be borne by the user and cannot be attributed to Paola Stella. Paola Stella declines all liability for possible damages due to the impossibility to access the services offered on the Website or possible damages caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of contents, problems related to the network, providers or telephone and/or telecommunication connections, non-authorized accesses, data alterations, lack and/or faulty operation of the user's electronic devices.
The user is liable for the preservation and use his/her personal information properly, including the login information that allows to access reserved services, and for any detrimental consequence or prejudice derived to Paola Stella or third parties due to improper use, loss, or stealing of said information.
Intellectual Property Rights
All the contents of the Website, in any format, published on the Website, including web pages, graphics, colors, schemes, tools, the characters and design of the Website, the diagrams, layouts, methods, processes, functions and software relative to the Website, are protected by copyright and any other intellectual property right boasted by Paola Stella and other rights of proprietors. The reproduction of the Website and its contents, whether in full or in part, is prohibited in any form, without the explicit written approval of Paola Stella and Paola Stella boasts the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any way or form, whether in full or in part, of the Website and its contents. With regards to the use of the Site, you are exclusively authorized to:
(i) view the Site and its contents;
(ii) perform any other temporary reproduction activity which is not related to any personal economic purpose, considered provisional or additional, and integral and essential activity for the visualization of the Website and its contents, and
(iii) any other navigation activity on the Website, performed exclusively in view of a licit use of the same site and its contents.
Any additional reproduction activity shall be authorized by Paola Stella from time to time or by the authors of the single works available on the Website, if needed. Said reproduction activities shall be anyhow performed for licit purposes and in compliance with copyrights and all the other intellectual property rights of Paola Stella. Paola Stella boasts the right to claim the legitimacy of their work at any time, and to oppose to any alteration, editing or any other change of the same works, including any act that may cause prejudice to the works, and be detrimental for their image and reputation. Moreover, the user is not authorized under any circumstance, to use the contents of the Site and any single work protected by copyright and any other intellectual property right, in any way or form. For example and not limitedly to, the user cannot alter or anyhow modify the protected contents and works without the consent of Paola Stella and of the single authors of the works published on the Website, if needed.
The General Conditions are regulated by the German law and interpreted pursuant to the same, including, by way of example and not limited to, any disputes concerning the existence, validity and efficacy of the General Conditions and any other provision it refers to.