- 1. Terms, Conditions and Definitions
- 2. Shipping and Packaging (terms, methods and time for product delivery)
- 3. Warranty, Inspection and Notification
- 4. Terms of Refund
- 5. Terms for Products return
- 6. Purchasing Procedure
- 7. Customer Contract
- 8. Complaints, Disputes, and Application of Law
- 9. GDPR Compliance
This document sets out the general terms and conditions governing all sales concluded by Visconti Fine Art (Galerija Mestni trg, Prodajno in razstavna galerija d.o.o.) registered with the Slovenian Trade and Company Register (Poslovni register Slovenije) under number 6767915000, located at Mestni trg 18, 1000, Ljubljana, Slovenia for professional and non-professional Customers wishing to purchase paintings offered for sale on its Internet site: www.viscontifineart.com. (hereinafter referred to as “the Merchant”). By approving the order and making payment, the Customer accepts without reservation these general terms and conditions of sale (GTC).
By visiting the online store the visitor becomes a user and acquires the right to purchase. By purchasing a product, the user becomes a customer/buyer.
All prices are NET in American dollars (USD). They can be modified without notice. Payment is accepted in USD only.
Packaging, handling and shipping costs are included in the price quoted on www.viscontifineart.com and will not be charged separately. This is only valid for artworks which have a price quoted on the website www.viscontifineart.com and for those which have “Price Upon Request” packaging, handling and shipping costs will be charged separately if an agreement of sale is made between the Customer and Visconti Fine Art (Galerija Mestni trg d.o.o.).
All international shipments are executed without charging duties and import taxes. Costs of charging duties and import taxes are additionally charged upon import from the Customer by the customs authorities of the country of destination.
The delivery takes place from Ljubljana, Slovenia to the Customer’s delivery address, unless otherwise agreed. The delivery times may vary depending on destination. Every product from the online store is available within a reasonable time. The Customer shall be notified, via e-mail, of when they can expect their artwork to arrive, within 48h of placing the order. The artworks are shipped with Eurosender SARL unless otherwise agreed with the Customer.
All items are sold without a frame, unless a specific understanding is made between Visconti Fine Art (Galerija Mestni trg d.o.o.) and the Customer.
It is assumed to be known that all works of art, especially works on paper and photographs, depending on the conditions of the environment, can see their appearance and colour change and fade. Visconti Fine Art (Galerija Mestni trg d.o.o.) gives no warranty for this immutable process of change.
In the case of a defect, the Customer has the choice to request a free repair, to make a respective value deduction from the price, to withdraw from the contract or to obtain a replacement. The Customer’s right for claim in case of damages remains reserved in all cases.
The Customer must undertake the condition examination of the artworks promptly upon receipt, and if there are defects, these have to be reported with photograph illustrations to Visconti Fine Art (Galerija Mestni trg d.o.o.) within 5 days from the receipt. Failing this, the works are deemed as accepted by the Customer.
All the items featured are guaranteed authentic and are sold with a certificate of authenticity by the gallery Visconti Fine Art (Galerija Mestni trg d.o.o.). The certificate provides a detailed description of the item. However, a certificate of authenticity is not provided for posters or items under 200 euros, unless expressly requested by the buyer.
Despite all due care taken, it is possible that the photos and descriptions posted on www.viscontifineart.com may contain errors and omissions, in which case they are non-binding. Feel free to ask for more details or further information. In addition, we will provide further photos upon request. Visconti Fine Art (Galerija Mestni trg d.o.o.) assumes no liability in the event of an error or omission in the description or concerning the photo of an item listed on the website www.viscontifineart.com. Only the invoice and the certificate of authenticity provided are binding.
Any request to invoke the cancellation right must be made by writing (email) to email@example.com within eight (8) days (14 days for EU Customers) upon receipt of the package.
Reimbursement: the item’s purchase price less the return postal or shipping charges, additional packaging, insurance and possible customs duty charges will be credited to the customer’s account within a period of seven (7) days upon receipt of the package.
No return shall be accepted without preliminary agreement.
After agreement (justified complaint or invoking the cancellation right), the Customer shall be requested to place the items, in their original packaging. In the event of loss or damage of the original packaging, the Customer shall be responsible for providing equivalent packaging. Soiled, damaged items or items tarnished due to negligence by the Customer shall not be accepted.
In the event of a delivery error, an apparent non-announced issue or issue of non-conformity with the certificate of authenticity, complaints shall be made by writing (email) within a period of eight (8) days (14 days in the case of EU buyers) on receipt of the package. In the event of a return request, payment of shipping or postal charges will be at the expense of the Customer.
During the purchase process, the following technical steps are available to the user (buyer):
- Searching for a particular product in an offer of products;
- Selection of product for purchase;
- Adding the selected product for purchase in the shopping cart;
- Reviewing the price of the selected product in the selected quantity, including the calculated tax, if it is charged;
- Choosing the payment method;
- Reviewing the order;
- Confirmation and completion of the purchase.
6.2 Technological means that enable identification and correction of errors prior to the final confirmation of the order (award of contract)
Prior to ordering, the user (customer) can, through the graphical user interface, with immediate effect, easily and without any problems:
- See and inspect what products they selected and added to the shopping cart;
- See and review the price of each product and the total cost of the entire selected quantity of each product;
- Change the selected quantities of each product and calculate the new price of the quantity so changed;
- Remove the selected products that they do not want to buy from the shopping cart
Before confirming the order, the user (customer) can, through the graphical user interface with immediate effect, easily
- change the selected payment method, and
- review and confirm individual changes.
After the submission of the order, the customer (buyer) receives from the Merchant by e-mail a notice that the order has been accepted. Within 1 hour of receipt of this notice, the user (buyer) has the option of canceling the order without any consequences. Apart from the cancellation option, the user (buyer) cannot change the content of the order after the award of the contract.
If the customer (buyer) does not cancel the order, the order will be processed. Upon receipt of the order, the Merchant checks the availability of the ordered products and confirms the order or rejects it for a reason. The Merchant can also contact the customer (buyer) on a contact telephone number to check the data or to ensure the accuracy of the delivery. Upon confirmation of the order, the Merchant informs by e-mail the user (buyer) of the planned delivery date. The purchase agreement for the purchase of ordered products between the user (buyer) and the Merchant is irrevocably concluded at this stage (see point 7).
The Merchant prepares and dispatches the ordered products within the agreed deadline and informs the customer (buyer) via e-mail. In the electronic message from the previous sentence, the Merchant instructs the customer (buyer) also about the product return policy and informs them about the contact persons for complaint or in case of delay in delivery.
The Merchant will issue an invoice to the user who buys a product from the online store with a breakdown of costs and an explanation of the right to withdraw from the purchase by returning the purchased product, if necessary and possible. The sales contract between the Merchant and the customer (buyer) is concluded at the moment when Merchant confirms the order (see point 6.2). From this moment on all prices and other terms of purchase are fixed and apply to both the Merchant and the customer (buyer).
The Merchant abides by the applicable consumer protection regulations. The complaint can be sent by the User (buyer) to the e-mail address firstname.lastname@example.org. The complaint procedure is confidential.
Within five working days, the Merchant will confirm the receipt of the complaint and inform the user (the buyer) about how long it will take to solve it and keep the user informed about the progress of the procedure. The Merchant will strive to get the best possible deal in any dispute by mutual consent. If an amicable settlement of the dispute is not reached, the dispute between the Merchant and the User (buyer) is of the exclusive jurisdiction of the court in Ljubljana. The Merchant and User (buyer), as a participant in electronic commerce, mutually recognize the validity of electronic messages in court.
These General Terms and Conditions and all disputes between the Merchant and the User (Buyer) are subject to Slovenian property and procedural law, whereby the rules of private international law do not apply which precludes the use of any other law.
For all relationships and for rights and obligations that are not governed by these General Terms and Conditions, the provisions of the Code of Obligations, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act shall apply.
The Merchant undertakes to protect the confidentiality of personal information and the privacy of online shop users. The Merchant will use the collected personal information exclusively for the provision of the services offered. The Merchant respects the confidentiality of personal information and the privacy of online shop users and he will take the necessary steps to protect them from any violations and abuses. Personal data of users are one of the areas to which the Merchant pays particular attention and care, as he is aware of the sensitive nature of this area.
For the purposes of providing the services it offers, the Merchant collects, manages, processes and stores the following user data:
- Name and surname;
- Delivery addresses;
- Company or the name of the legal entity (if the user is a legal person);
- The tax number of the legal entity (if the user is a legal entity);
- E-mail address (user name);
- Password in encrypted form;
- Contact telephone number;
- Country of residence;
- Other data that the user voluntarily enters into forms in the online store;
The Merchant is not responsible for the correctness, completeness and promptness of the data entered by users.
The Merchant assigns the user a cookie to identify, monitor the shopping cart, and ensure traceability (ie “cookie”) whenever a user starts each time he / she uses it, which is stored in the server’s memory for the duration of the online store visit and is deleted after one hour of inactivity. The Merchant can also store some permanent cookies on the user’s PC, such as, for example, the user identification number in the encrypted format for identifying the next visit to the online store or product rating, by which the user knows which items he has already evaluated, and indirectly also cookies of the external Google Analytics that serve to analyze site visits. The trader may use this data in an anonymous summarized form for statistical analysis purposes. For the purpose of providing online security, the Merchant also collects IP addresses of users accessing the online store.
In accordance with the regulations governing the protection of personal data, the Merchant is obliged to protect the personal data of users of his online store. Under no circumstances will the Merchant supply personal or other user data to a third party, without explicit authorization, nor will allow a third party to get these data, unless required by the national authorities, if such an obligation is specified by the law or if such action is necessary for proceedings before courts or other state authorities and for the protection and enforcement of the legitimate interests of the Merchant.
All personal and other information that the user will provide when registering in the online store, as well as when ordering the purchase of products, including the content of orders, will be protected in accordance with the regulations governing the protection of personal data. The Merchant will not use this information for any purpose that would in any way harm the user or other person involved. The data will not be used to send promotional emails or other unwanted promotional material, except for promotional notices to which the user will apply. The Merchant will only provide the necessary information for shipment services for items purchased online (information on the recipient and the address for delivery). The Merchant will contact the user by e-mail or per telephone only if necessary for the execution of the purchase in the online store or with problems with the registration process.
All Merchant’s regular or part-time employees who have access to personal and other user data are aware of the duty to protect personal and other data and are obliged to comply with these provisions for the protection of the confidentiality of personal data and the privacy of online shop users. The duty to protect personal and other information continues, even after the relationship with the Merchant has ceased.