Sales Conditions - Infinite Statue

These General Sales Conditions cover the distance sale of all the products marketed by www.infinitestatue.com. Please refer to the provisions illustrated in L.D. 185/99 and the applicable Italian Civil Code articles for all what not specifically referred to in these conditions. .

DEFINITION:
In addition to the other terms defined in these General Sales Conditions, the words listed below, where indicated in capital letters, have the following specific meanings:

Supplier: indicates the company Infinite Statue S.r.l., registered with the Registry of Companies in Savona with registration n. and fiscal code: AER. number 146424 and Tax Code 01440280095 – Corso Ferrari 119/1 - 17011 Albisola Superiore (Savona), Italy

Customer: indicates the buyer generally intending both a physical person that concludes the contract for purposes which are not related to entrepreneurial or professional activities, and physical or juridical persons who conduct their own professional or entrepreneurial business

Products: indicate the goods sold by the Supplier to the Customer through the internet website owned by the Supplier, and more precisely the URL: www.infinitestatue.com

Article 1
ACCEPTANCE OF THE GENERAL SALES CONDITIONS

The contract stipulated between the Supplier and the Customer is intended as concluded with the acceptance, also only partial, of the order by the same Supplier, who reserves the right, at his own discretion, to accept the order. Acceptance is considered to be tacit if the Customer is not notified otherwise. The latter, on effecting the order according to requested procedures, declares to acknowledge all the information provided during the purchase process and to accept the general conditions and payment terms indicated therein.

1.2. it is forbidden to enter false and/or invented personal data on the data forms which are needed to process the order. It is also prohibited to enter data belonging to a third party. The Supplier reserves the right to take legal actions against those committing any violations or abusive action in order to protect the interests of all customers.

Article 2
PURCHASING PROCEDURES
2.1 The Customer can only purchase the Products listed on the electronic catalogue, described in the relative information sheets and visible on the website at the moment he places the order. The image illustrated on the product information sheets is accurate and corresponds to the actual characteristics of the product. In the cases where the words  “awaiting approval” are indicated, this means that the final product could differ in colour and/or shape from the one illustrated.

2.2. All the sales prices on the website constitute an offer to the public pursuant to art  1336 of the Italian Civil Code, including VAT and all other taxes. The delivery expenses are always charged to the Customer and will be notified during the purchase procedure.

2.3. The parts mutually acknowledge that the products seen on the website may no longer be available or no longer on sale when the Customer accesses the website and that the prices can be subject to modifications, where it remains understood that, once the Customer has placed the order, the prices will not be amended.

Article 3
PAYMENT TERMS AND CONDITIONS
3.1. The payment of the price of the Products and the relative delivery expenses must be effected by the Customer using one of the methods foreseen on the website: by credit card world-wide or by bank transfer.

3.2 in a payment is made by credit card, contextually upon concluding the online transaction, all the financial information (card number, due date, etc…) will automatically be forwarded, using encrypted protocol, to the referent Banking Institute that will debit the current account of the Customer with the payment of the amount related to the online purchase, to which Infinite Statue S.r.l. or any other third have no access.
No Infinite Statue S.r.l. computer data base stores this data. Under no circumstances therefore can the Supplier be retained responsible for any fraudulent and deceitful use of credit cards by third parties following the payment of the purchased Products.

3.3 the Supplier reserves the right to request a  copy of the Customer’s identity documents which prove he owns the credit card used for the payment. If these documents are not provided, the Supplier is entitled not to accept the order.

3.4 In the case of payment in advance by bank transfer for the amount ordered by the Customer, the Supplier will maintain the order on hold until it received notification from the bank. The order will only be dispatched when the amount has been received on the Supplier’s current account , which must be concluded within 7 working days from the date of acceptance of the order. The bank transfer reference must indicated the order number, the name and surname of the Customer, or the company if a physical person. If this term expires, the order will automatically be cancelled.

3.6 in the case that the order is cancelled by the Customer or not accepted by the Supplier, the same will request the cancellation of the transaction and the release of the relative amount. Cancellation is only permitted before notification of consignment of the ordered Products is sent by e-mail. Once the cancellation operation has been completed, Infinite Statue s.r.l. can under no circumstances be retained responsible for possible damages, direct or indirect, caused by the delay of the same operation and the relative consequences.

3.7 Credit Card directly to Infinite Statue
You can directly pay with Credit card to Infinite Statue with the simple communication of your number of credit card by fax or through two separate e-mail (dividing the number of card in two e-mails plus the expiration date).
Credit card will be charged ONLY before the consignment of your purchase.

Article 4
DELIVERY RATES AND METHODS
4.1 The Supplier will deliver the products to the Customer at the address indicated on the order form, that once sent cannot be modified or changed, using trusted couriers and/or shipping companies.

4.2  Delivery times, however, will never exceed those foreseen by Art. 6 of L.D. 185/99–30 days from the order date and/or receipt of due payment - if the Products are in stock.
The Supplier is under no circumstance responsible for any delays in delivery by the courier, nor for any damages that such delays may cause the Customer.

4.3 Upon delivery of the goods, the Customer must check that the number of the packages corresponds to what indicated on the transport documents; that the packaging is closed and complete, it is not damaged or wet and the closure is still intact.
Any damages or anomalies must be reported to the courier making the delivery and acceptance must be made with reservations. On the contrary, once the delivery document has been signed, the Customer is no longer entitled to make claims on the  external characteristics of the delivery.

Also in the case that the packaging is intact, should there be any anomalies in the goods inside, a claim must be made within two days from receiving the goods to the e-mail address: indicating: the order number, order date and the defects found on the goods. Infinite Statue S.r.l. will handle the handle the replacement of the objects only after receiving the same at its headquarters by courier at the expense of the Supplier.
No claims made after this term will be taken into consideration.

4.4 in the case where the courier, on delivering the goods, finds no-one to accept the same, he will make a second attempt leaving a special message, in the case where neither the second attempt is successful the object will be returned to the Supplier. The Customer will be charged in advance for the next delivery expenses.

4.5 The shipping and delivery expenses are charged to the Customer and they are expressly indicated during the order procedure, as a separate amount from the price of the Products.

4.6 Infinite Statue S.r.l. will issue an invoice for every order which lists all the shipped products. The information provided by the Customer during the order procedure will be used to issue such invoices

Article 5
WITHDRAWAL RIGHTS
5.1 Pursuant to Art. 5 of L.D 185/99 the Customer is entitled to withdraw from the purchase contract, without any penalty and without justified reason, within 10 working days from the delivery of the goods.
This condition is applicable only to the consumers, as defined by article 1 of the aforesaid Decree, that is to the physical persons who purchase the goods for purposes other than for their professional activity. The withdrawal right is not foreseen for  business customers, physical or juridical persons, whose purchase contract refers to their business

5.2 the withdrawal right must be exercised, within the aforesaid term, by registered letter with advice of receipt addressed to : Infinite Statue S.r.l. “Order Cancellation”
Corso Ferrari 119/1–17011 Albisola Superiore (Savona) and clearly state the decision to withdraw from the contract or be e-mail to the address: indicating in the message object “ Cancellation of Order n. ---.

5.3 the withdrawal right is also subordinate to the followings conditions:

the withdrawal must refer to the total order of the Products and not only a part of the same;

• the Products must be intact and returned in their original packaging, which must also be complete (including packing and any documents and accessories);

• the Products must be shipped in one single consignment, within and no later than 10 working days from the receiving the same by UPS Courier System.

5.4 The shipping expenses relative to the return of goods are charged to the Customer. The goods are the responsibility of the same Customer until they are received by the Supplier.

5.5 if the withdrawal right is exercised in compliance with these conditions herein, the Supplier will refund the Customer with the full amount already paid, net of any shipping costs, within 15 days from receiving the goods, and in any case no later than  30 days from the notification of withdrawal.

5.6 if the conditions foreseen in Art. 5.3 are not complied with, the Customer is not entitled to the refund of the amounts already paid; he can, however, at his own expense, request the Products sent to the Supplier be returned to him.  On the contrary, Infinite Statue S.r.l. is entitled to retain the Products and the monies received.

Article 6
GUARANTEES
6.1 All Products sold by the Supplier are guaranteed against  flaws and defects which are not visible upon purchase, provided that the product has been correctly used with due diligence taking into account as follows:
The Products marketed by Infinite Statue S.r.l. are, as indicated on the packaging; ‘THESE ARE NOT TOYS’ and are articles pursuant to Law n. 428/90 art. 54 and EC Directive EEC 88/378 (annex 1) that is “small models, built to scale for adult collectors” and are not suitable for children under 14 years of age.

6.2. The guarantee is valid for 24 months for the Consumer Customer; 12 months for purchases made by subjects other than Consumers.

6.3 The guarantee will be valid upon presentation by the Customer of the invoice he receives upon delivery of the goods.

Article 7
CONTRACT RESOLUTION
7.1. The Supplier is entitled to resolve the stipulated contract giving notice to the  Customer which indicates the reasons for the same; in this case the Customer will be only be entitled to the refund of amounts already paid.
The Customer can cancel the contract within 24 hours from the order, giving timely notification by e-mail to the e-mail address.

7.2 The obligations undertaken by the Customer with this contract are of an essential nature, therefore breach from even one clause will determine the automatic resolution of the contract pursuant to ex Art. 1456 of the Italian Civil Code, where the Supplier maintains the right to reimbursement for further damages.

Article 8
JURISDICTION AND COMPETENT COURT
8.1 the sales contract stipulated between the Supplier and the Customer is intended as finalised in Italy and regulated by the Italian Law.
In the event it is necessary to resolve any civil or penal disputes deriving from this distant sales contract here in , if the Customer is a Consumer, the Competent Court will be that in the district of the Customer’s domicile address, if situated in Italy; otherwise it will be the competence of the Court of Savona.

PROCESSING OF PERSONAL DATA
Informative note pursuant to Art. 13 of L.D. n. 196/2003

Infinite Statue S.r.l. would like to inform its customers that:

• Personal data  is required to process orders and, upon express consent granted during the registration phase, the same may be used for promotional and/or sales purposes, and for statistic procedures which aim to monitor the levels of Customer Satisfaction regarding the quality of the services provided and the activities conducted to improve services which respond the Customer Requirements;

If consent is not granted to process the personal data for marketing and promotional purposes, this will in no way compromise the activities required to complete the online order process.

1. The Data Controller is Infinite Statue S.r.l., C.so F. Ferrari 119/1, Albisola Superiore, 17011 SAVONA

2. Personal data will be not be communicated to any third parties

3. The data will be processed using manual, data processing and telematic systems, by the Supplier and/or persons appointed by them to do the same. Specific security measures are implemented to prevent the loss of data, illicit or incorrect use of the same or unauthorised access.

4. The Customer is entitled at any moment in time to request confirmation as to whether or not his personal data exits, and to be informed on the content and origin, check the accuracy or request integration, updating or rectification of the same pursuant to Art. 7 of L.D, 196/2003.  Pursuant to this Article, the interested party is entitled to request the erasure, anonymisation or blocking of data which have been processed unlawfully, and oppose in any case, on legitimate grounds, the processing of the same.

All requests shall be forwarded to Infinite Statue S.r.l.