General conditions of sale for Users
Welcome to the Pitteikon platform (hereinafter "Site" or "Pitteikon") of EIW s.r.l.s. ("EIW"), a company committed to promoting quality e-commerce in the field of art and artistic images.
The Site is a platform created and managed by EIW for the promotion and online sale of reproductions and artistic prints created by EIW (hereinafter collectively "Works").
The images of the Works are indicative and may undergo variations. For known technical reasons, the computer monitor could alter the tones and intensity of the images, as well as the ambient light and / or night vision alter the contrast.
Site Users who want EIW Works can purchase them online through this Site or contact EIW for more information.
These General Conditions of Sale for Users (hereinafter "Conditions") apply to the online sale of EIW Works. The purchase and sale of products by electronic means is governed by Legislative Decree 6 September 2005 n. 206 (Consumer Code) on distance selling with consumers and by Legislative Decree 9 April 2003 n. 70 in the field of electronic commerce.
The sales contract stipulated between the Purchasing User (hereinafter "Customer") and EIW is governed and interpreted in accordance with Italian law.
Acceptance of the general conditions of sale
By placing an order according to the various methods provided on the Site, the Customer declares to have read all the information provided during the purchase procedure and to fully accept these general conditions of sale and payment.
These Conditions, together with the conditions regarding the methods of delivery and payment of the Works, form an integral part of the sales contract between the Customer and EIW.
Therefore EIW invites you to carefully read these general conditions of sale, to print them or in any case to keep a copy.
EIW is committed to pursuing the offer of an easy, convenient and safe shopping service. When purchasing a Work, the User shall make payment within the terms indicated on the Site and provide his personal data to allow EIW to complete the sale.
Payment methods allowed
EIW is committed to offer methods of payment safe, appropriate and convenient, while it does not assume any responsibility for any problems or malfunctions of the payment systems used in the transaction concluded on the Site.
The EIW payment form is the only payment process allowed to Users to purchase the Works on Pitteikon, according to the payment methods better specified at the time of the order, including:
• Credit cards (including MasterCard, Visa, American Express) and debit cards and electronic payments,
• Bank transfers.
Payment methods not expressly provided for at the time of the order are not allowed.
The Customer can purchase the Works for sale on the Site as described in the relevant information sheets within the respective sections. The images of the Works are indicative and may undergo variations. For known technical reasons, the computer monitor could alter the tones and intensity of the colours of the images, as well as the ambient light and / or night vision alter the contrast.
The Works published on the Site can be:
• "available" and therefore can be ordered by the Customer;
• "not available". In this case, the Work cannot be ordered by the Customer and, if desired, he can contact EIW or leave his/her email address to be informed when the Work will become available again.
• "to order". In this case, the Work can be ordered by the Customer even if it is not available. The time required for receiving these works varies between 4 and 20 working days.
If the User wishes, he can register on the Site, but registration is not mandatory to make purchases.
When the purchase is made, the Customer has the possibility to choose the Delivery and Payment Method he prefers.
The acceptance of the order by EIW is communicated by sending a confirmation email to the email address provide by the Customer.
EIW reserves the right, at its sole discretion, not to accept the order.
The Customer undertakes to verify the correctness of the data in the order confirmation email and to promptly report any errors or omissions to EIW.
The order confirmation email contains the following data:
• Order number and date
• Work (s), quantity, price
• Type of payment chosen
• Cost of transport, if it is not included in the purchase price of the Work
• Total amount of the order.
Prices and shipping
The selling prices of the Works published on the Site include VAT.
The cost of shipping and / or delivery of the purchased work is not included in the price, unless otherwise specified in the information sheet of the work or in the order form.
EIW is committed to offering fast, safe and, where possible, personalized deliveries.
The Works will be delivered as quickly as possible, and in any case within a maximum period of 30 (thirty) days from the day following that of sending the order. In case of unavailability, even temporary, of the requested Work, EIW will inform the Client within the aforementioned term and arrange for the reimbursement of the price of the Work (less any discounts or promotions), unless the Client prefers to grant a deadline. for the delivery of the chosen Work or ask for the delivery of another Work of an equivalent price.
The shipment is entrusted to couriers operating nationally and internationally.
Delivery times are expressed in working days (Monday to Friday), therefore excluding Saturdays, Sundays and any public holidays in Italy and in the country of delivery of the Work.
If the courier fails to deliver the Work due to incorrect information from the Customer or due to unavailability of the Customer, the additional cost required by the courier for a new delivery will be charged to the Customer.
Pre and post sales assistance to customers
EIW is at the complete disposal of the User to assist him/her before and after the purchase by calling the telephone number set forth on the Site, from Monday to Friday, from 10:00 to 12:00 (CET) and from 15:00 to 18:00 (CET).
Communications, complaints or reports.
Unless otherwise specified, legal communications directed to EIW and any complaints or reports must be sent to the registered office or to the EIW e-mail address, both indicated in the Legal Notes, published on the Site.
Cancellation or modification of an order
Before placing an order, the Customer is invited to pay attention and check the contents and the total amount of their cart.
Once the order has been confirmed, it may not be possible to cancel or modify it as the Works may already be in the preparation stage, to ensure delivery in the shortest possible time.
If it is not possible to cancel or modify it, the Customer is invited to assert the right of withdrawal once he has received the order confirmation.
Rights and guarantees
Pursuant to Legislative Decree 206/2005 ("Consumer Code") all the Works for sale (hereinafter also "Products") on this Pitteikon Site are covered by the legal guarantee of 2 (two) years.
Based on the two-year legal guarantee, EIW is liable to the consumer (the natural person who acts and buys the Works for purposes unrelated to and not related to any entrepreneurial, commercial, craft or professional activity carried out, also defined hereinafter " Consumer ") for lack of conformity not found at the time of purchase.
The lack of conformity exists when a product is not suitable for the use to which it must habitually serve, does not conform to the description or does not possess the qualities presented by the seller, does not offer the usual qualities and performance of a good of the same type, does not it is suitable for the particular use desired by the Consumer if brought to the attention of the seller at the time of purchase and accepted by the seller (Article 129 of the Italian Consumer Code). The variation of the images of the Works with respect to those reproduced on the Site cannot be considered a lack of conformity. The images are in fact indicative and may undergo variations. For known technical reasons, the computer monitor could alter the tones and intensity of the colours of the images, as well as the ambient light and / or night vision alter the contrast.
The lack of conformity that occurs within 2 (two) years from the delivery date of the Work must be reported within 2 (two) months of the discovery of the defect (Article 130 of the Italian Consumer Code).
In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement (Article 130 of the Consumer Code). The Consumer may ask the seller, at his choice, to repair the good or replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome compared to the other. One of the two remedies should be considered excessively burdensome if it imposes unreasonable costs on the seller compared to the other, taking into account:
a) the value that the asset would have if there was no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be carried out without significant inconvenience to the Consumer.
Repairs or replacements must be made within a reasonable time from the consumer's request. If within the maximum period of 60 (sixty) days EIW is unable to return the repaired Work, the Consumer may request one of the alternative remedies (replacement, termination of the contract, price reduction). A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the Contract.
Times and methods of exercise of the Legal Guarantee
The Consumer must:
1. send a written communication to EIW, indicating the lack of conformity of the Work;
2. prepare the Work for shipment by carefully packing it and enclosing everything originally contained in the packaging of the Work;
3. the carrier will contact the Consumer to arrange the collection of the Work (the Customer's unavailability by telephone will delay the collection of the Work).
EIW will repair or replace the Work, at its discretion.
Right of withdrawal
Sales of products via the Internet are governed by articles 49 to 68 ("distance contracts") of Legislative Decree 206/2005 (Italian Consumer Code). This legislation provides in favour of the Consumer the right to withdraw from contracts or contractual proposals, guaranteeing him the right to return the purchased product and to obtain reimbursement of the expenses incurred.
The right of withdrawal cannot be exercised if the Work is not intact, namely:
• in the absence of the original packaging;
• in the absence of integral elements of the Work (parts of the Work, etc.);
• for damage to the Work.
The right of withdrawal is reserved exclusively for the Consumer as defined above, so it cannot be exercised by legal persons and natural persons acting for purposes related to the activity carried out.
The costs of returning the Work are charged to the Consumer. EIW does not accept packages sent at the expense of the recipient.
The possibility of withdrawing is excluded for certain contracts, in particular, contracts for the sale of personalized or "made-to-measure" goods and service contracts after the complete provision of the service.
The right of withdrawal does not apply to small-scale contracts negotiated away from business premises on the basis of which the consideration that the Consumer must pay is less than 50 euros.
Procedures and times for exercising the right of withdrawal
The Consumer has the right to withdraw from the purchase contract for a Work, without indicating the reasons, within 14 (fourteen) days.
The withdrawal period expires after 14 days from the day on which the Consumer or a third party designated by the Consumer, other than the carrier, acquires physical possession of the Work.
To exercise the right of withdrawal, the Consumer is required to inform EIW of his decision to withdraw from the purchase contract by means of an explicit declaration to be sent in one of the following ways:
- registered letter with acknowledgment of receipt to the EIW address indicated in the Legal Information, published on the Site;
- email to the electronic address indicated in the Legal Notes, published on the Site.
To this end, the Consumer can use the model withdrawal form below, but it is not mandatory:
Recipient (EIW s.r.l.s.)
- I hereby notify the withdrawal from my contract for the sale of the following asset (s) (description of the Work):
- Ordered on (*) / received on (*)
- Name and surname of the consumer
- Full address of the consumer
- details of the supporting bank / agency for credit by bank transfer (bank name, IBAN code of the current account in the name of the consumer)
- Consumer's signature (only if the form is notified in paper version)
(*) Delete where inapplicable.
To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
The Consumer is required to return the Work carefully packaged to avoid any problems during the return phase, without undue delay and in any case within 14 days from the day on which he communicated his withdrawal from the contract. The deadline is met if the Consumer returns the Work before the expiry of the 14-day period.
For the purposes of the expiry of the term, the Work is intended to be returned when it is delivered to the accepting post office or to the forwarder. If the Consumer does not prove that he has actually delivered the Work to the accepting post office or to the forwarding agent, all risks associated with the return of the Work are borne by the Consumer.
The direct cost of returning the Work is borne by the Consumer. The estimated average cost is a maximum of about € 15.
Methods and times for reimbursement to the Customer of the cost of the Work and shipping costs
If the Consumer has exercised his right of withdrawal in accordance with the above and has provided all the data necessary for the reimbursement, EIW will reimburse all payments made to him, including delivery costs (with the exception of additional costs arising from any choice by the Consumer of a type of delivery other than the least expensive type of standard delivery offered by EIW), without undue delay and in any case no later than 14 days from the day on which EIW was informed of the Consumer's decision to withdraw from the purchase.
In the event that the Work has already been delivered, the reimbursement will be suspended until receipt of the Work and verification of its conditions. The Consumer is only responsible for the decrease in the value of the Work resulting from the manipulation of the goods other than that necessary to establish the nature and characteristics of the same.
The reimbursement of the Works purchased with a discount will amount to the price of the Works less the discount applied.
For purchases made with one of the following payment methods:
- credit or debit card
- wire transfer
EIW will proceed with the refund by bank transfer.
Applicable law and competent court
These general conditions of sale are governed by Italian law. Any dispute against EIW is the exclusive competence of the Court of Milan.
For all civil disputes with a Consumer (i.e. a natural person who purchases products not for purposes related to his professional activity) the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the Consumer himself, if located in Italy ( Art. 66 bis of Legislative Decree 205/2006).
If a clause of these Conditions turns out to be null or ineffective, any nullity or ineffectiveness will not extend to the remaining clauses of these Conditions. The titles of the various chapters are for indicative purposes only and in no way limit or describe the meaning and content of the relevant chapter. Failure by EIW to exercise its right does not in any way imply a waiver of action for the violation of these Conditions. EIW does not guarantee in any way that it will exercise its rights to take action for any violation of these Terms.
EIW reserves the right to make, with or without prior notice, changes or improvements to the services, contents and any other information referring to the Site, including these Conditions.
It is therefore advisable to regularly check the Site and these Conditions.
Explicit approval of unfair terms
Pursuant to and for the purposes of art. 1341 and 1342 of the Civil Code, the User declares to have read and expressly accept the clauses of these Conditions regarding 'Rights and Guarantees', 'Applicable Law and Jurisdiction' and 'Miscellaneous - Modification of the Conditions'.
Version 12 July 2020