Terms of sale for users
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.
Content of the Site
The Site is a platform created and managed by EIW for the promotion and online sale of reproductions and artistic prints made by EIW and works created by Andrea Giuseppe Fadini (hereinafter collectively “Works”).
The images of the Works are indicative and may be subject to change. For known technical reasons, the computer monitor may alter the tones and intensity of the images, just as the ambient light and/or night vision alter the contrast.
Users of the Site who desire the Works may purchase them online through this Site or contact EIW to receive more information.
These General Conditions of Sale for Users (hereinafter “Conditions”) apply to the online sale of the Works. The sale of products via electronic means is governed by Legislative Decree no. 206 of 6 September 2005 (Consumer Code) regarding distance selling to consumers and by Legislative Decree no. 70 of 9 April 2003 regarding 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 that he has read all the information provided during the purchase procedure and fully accepts these general conditions of sale and payment transcribed below.
These Conditions, together with the conditions regarding the methods of delivery and payment of the Works, constitute an integral part of the sales contract concluded between the Customer and EIW.
Therefore, EIW invites you to read these general conditions of sale carefully, to print them or in any case to keep a copy.
Sales
EIW is committed to pursuing the offer of an easy, convenient and safe shopping service. When purchasing a Work, the User is obliged to make the payment within the terms indicated on the Site and to provide his/her personal data to allow EIW to complete the sale.
For privacy aspects, i.e. the processing of personal data, EIW invites you to read the Privacy Policy, published on the Site.
Permitted payment methods
EIW wants the payment methods offered to purchasing Users to be safe, appropriate and convenient, although it does not assume any responsibility for any problems or malfunctions of the payment systems used in the transaction concluded via the Site.
The EIW Payment Module is the only payment process permitted to purchasing Users of the Works published 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 ordering are not permitted.
The Customer may 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 be subject to change. For known technical reasons, the computer monitor may alter the tones and intensity of the images, just as the ambient light and/or night vision alter the contrast.
If the User wishes, he or she may register on the Site, but registration is not mandatory to make purchases.
At the time of purchase, the Customer may choose the Delivery and Payment Method of the Work he or she prefers.
Acceptance of the order by EIW is communicated by sending a confirmation email to the email address provided by the Customer.
EIW reserves the right, at its sole discretion, to not accept the order.
The Customer undertakes to verify the accuracy 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
• Payment type chosen
• Shipping cost, if not included in the purchase price of the Work
• Total amount of the order.
Prices and shipping
The sales 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 undertakes to offer fast, safe and, where possible, personalized deliveries.
The Works will be delivered in the shortest time possible, and in any case within a maximum period of 30 (thirty) days from the day following the day of sending the order.
The shipment is entrusted to couriers who operate nationally and internationally.
Delivery times are expressed in working days (from 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 does not deliver the Work due to incorrect instructions by the Customer or the Customer being unavailable, the additional cost requested by the courier for a new delivery will be borne by the Customer.
Pre- and post-sales customer assistance.
EIW is at the complete disposal of the User to assist him before and after the purchase by calling the telephone number shown on the Site, from Monday to Friday, from 10:00 to 12:00 and from 15:00 to 18:00.
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 email address of EIW, 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 total amount of his 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 phase, to ensure delivery in the shortest possible time.
If it is not possible to cancel or modify it, the Customer is invited to exercise the right of withdrawal once he has received the order confirmation.
Rights and guarantees
Legal Guarantee
Pursuant to Legislative Decree 206/2005 (“Consumer Code”) all the Works for sale (hereinafter also “Products”) on this Pitteikon Site are covered by the 2 (two) year legal guarantee.
Based on the two-year legal guarantee, EIW is liable to the consumer (the natural person who acts and purchases the Works for purposes unrelated to and not related to any entrepreneurial, commercial, artisanal or professional activity carried out, hereinafter also defined as the “Consumer”) for any lack of conformity not detectable at the time of purchase.
The lack of conformity exists when a product is not suitable for the use for which it is normally intended, does not conform to the description or does not possess the qualities presented by the seller, does not offer the usual qualities and performances of a good of the same type, is not 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. The variation of the images of the Works compared to those reproduced on the Site cannot be considered a lack of conformity. In fact, the images are indicative and may undergo variations. For known technical reasons, the computer monitor could alter the tones and intensity of the images, just as the ambient light and/or night vision alter the contrast.
The Legal Guarantee for lack of conformity has a duration of two years and this duration starts from the delivery of the Work.
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. The Consumer may ask, at his choice, the seller to repair the goods or replace them, without charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other. One of the two remedies is to be considered excessively expensive if it imposes unreasonable costs on the seller compared to the other, taking into account:
a) the value that the goods would have if there were 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 for the Consumer.
Repairs or replacements must be carried out within a reasonable time from the Consumer's request. If EIW is unable to return the repaired Work within the maximum term of 60 (sixty) days, the Consumer may request one of the alternative remedies (termination of the contract, reduction of the price). A minor lack of conformity for which it was not possible or it is excessively onerous to carry out the remedies of repair or replacement, does not give the right to terminate the Contract.
Times and methods of exercising 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 shipping by carefully packaging it and enclosing everything originally contained in the Work's packaging;
3. the carrier will contact the Consumer to arrange collection of the Work (the Customer's unavailability by telephone will delay collection of the Work).
EIW will repair or replace the Work, at its discretion.
Right of withdrawal
The sales of products via the Internet are regulated in Articles 49 to 68 ("distance contracts") of Legislative Decree 206/2005 (Consumer Code). This legislation provides the Consumer with the right to withdraw from contracts or contractual proposals, guaranteeing the right to return the purchased product and to obtain reimbursement of the expense incurred.
The right of withdrawal cannot be exercised if the Work is not intact, that is:
• 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 to the Consumer as defined above, therefore 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 borne by the Consumer. EIW does not accept packages sent at the recipient's expense.
The possibility of withdrawal is excluded for certain contracts, in particular, contracts for the sale of personalized or "tailor-made" goods and service contracts after the complete provision of the service.
The right of withdrawal does not apply to modest contracts negotiated outside commercial premises on the basis of which the consideration to be paid by the Consumer is less than 50 euros (art. 47 Consumer Code).
Methods and times for exercising the right of withdrawal
The Consumer has the right to withdraw from the purchase contract of 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 acknowledgement of receipt to the EIW address indicated in the Legal Information, published on the Site;
– email to the email address indicated in the Legal Notes, published on the Site.
To this end, the Consumer may use the standard withdrawal form shown below, but it is not mandatory:
Recipient (EIW s.r.l.s.)
– I hereby notify the withdrawal from my contract of sale of the following good(s) (description of the Work):
– Ordered on (*)/received on (*)
– Name and surname of the consumer
– Full address of the consumer
– details of the Bank/Agency supporting the credit by bank transfer (Bank name, IBAN code of the current account in the name of the Consumer)
– Signature of the Consumer (only if the form is notified in paper version)
– Date
(*) Delete the unnecessary wording.
To comply with the withdrawal deadline, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
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 respected if the Consumer sends the Work back before the expiry of the 14-day period.
For the purposes of the expiry of the deadline, the Work is considered returned when it is delivered to the accepting post office or to the forwarder. If the Consumer does not demonstrate that he has actually delivered the Work to the accepting post office or to the forwarder, 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 equal to a maximum of approximately 15 euros.
Methods and times for refunding 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 refund, EIW will refund all payments made to him, including delivery costs (with the exception of additional costs resulting from the Consumer's choice 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 refund will be suspended until the Work is received and its condition is verified. The Consumer is only liable for the decrease in value of the Work resulting from handling of the goods other than that necessary to establish the nature and characteristics of the same.
The refund of 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
– bank transfer
EIW will refund via bank transfer.
Applicable law and competent court
These general conditions of sale are governed by Italian law. Any dispute with EIW is under the exclusive jurisdiction of the Court of Milan.
For all civil disputes with a Consumer (i.e. a natural person who purchases the products for purposes not related to his/her professional activity) the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the Consumer, if located in Italy (Art. 66 bis Legislative Decree 205/2006).
Miscellaneous
If a clause of these Conditions is found 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 have a mere indicative purpose and in no way limit or describe the meaning and content of the relevant chapter. Failure by EIW to exercise any of its rights does not in any way imply a waiver of the right to act for the violation of these Conditions. EIW does not guarantee in any way to exercise its rights to act for any violation of these Conditions.
EIW reserves the right to make, with or without prior notice, changes or improvements to the services, content and any other information relating to the Site, including these Conditions.
It is therefore advisable to regularly check the Site and these Conditions.
Explicit approval of unfair clauses.
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 competent court’ and ‘Miscellaneous – Modification of the Conditions’.
Version August 12, 2024