Terms and Conditions of Sale
These General Terms and Conditions of Sale govern the use of the WHITE KING ART platform (the “Site” https://whitekingart.it) and regulate online purchases made through it. The sale of products and services on the site is managed by Cristian Epifani Impresa Individuale, mail: info@whitekingart.it, VAT number 15773621006.
© Copyright holder 2019 – 2024
All rights reserved. No part of this publication can be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher.
1. DEFINITIONS
Online Sales Contract – refers to the contract of sale relating to the Seller’s and/or its Supplier’s products and services, concluded between the Seller and the consumer Buyer within the framework of a distance selling system through the Site;
User Account or Account – indicates the User’s account created at the time of registration on the Site; the created account contains personal information;
Consumer Buyer – indicates any individual User who purchases or wishes to purchase one or more products and services through the Site;
General Conditions – these General Conditions and all additional rules and conditions published within the Site, defining the conditions under which Alessio Donatoni Impresa Individuale offers Users and Visitors access and acquisition of products and/or services;
Chat – indicates the messaging system through which Users can communicate privately on a specific topic or even without a specific topic directly with the Seller.
Privacy Policy – indicates the document defining how the Seller collects, uses, stores, and retains the personal data of a Visitor or User;
User – indicates any individual who has created an account on the Site and has accepted these General Conditions.
Visitor – indicates any person not registered on the Site who can use the Site without registering, in accordance with the General Conditions.
2. PURPOSE
2.1 These General Conditions define the relationship between the Seller and Users or Visitors, particularly the rules applicable to:
The registration and use of the Site by the User;
Transactions for products and services available on the Site. By using or accessing the Site, it is agreed to be legally bound by these General Conditions.
2.2 Users can proceed with the online purchase of products and/or services only after accepting these General Conditions.
2.3 The Seller can be contacted using the “Contacts” section on the Site.
2.4 Upon registration on the Site, the User must provide their username (alias) and/or email address and a password to allow the Site to identify the User each time they access it. The Seller (or on its behalf, the system administrator) may request the User to verify the Account at any time for security reasons. This may occur, for example, by verifying the User’s phone number or confirming that the User matches the cardholder of the payment card, or any other confirmation that the Seller (or on its behalf, the system administrator) may introduce at its sole discretion.
2.5 For the purposes of executing these General Conditions as a contract with the User and for other legal purposes, the Seller will process the User’s personal data as described in the Privacy Policy on the Site.
2.6 The Seller reserves the right, at its absolute discretion, to modify these General Conditions, particularly for:
1. adapting the General Conditions to legislative or regulatory provisions in force or being adopted;
2. adapting the General Conditions to any decision issued by a judicial authority, a consumer protection authority, or any other competent authority, affecting the content of the Site or the products and services offered by it;
3. reflecting changes and developments in how the Seller manages its business;
4. reflecting changes in market conditions or industry standard practices;
5. changing sales prices.
If any of the above changes are implemented, the User will be informed through a notice on the Site:
1. fifteen (15) days before the day on which the changes become effective; oppure
2. In case of substantial changes (e.g., changes that increase the obligations on Users or have an impact on the main features of the Site), four (4) weeks before the day on which the changes become effective. If the User does not accept the changes made, they can choose to close the Account by sending a specific communication to the email address info@whitekingart.it. Any changes to the General Conditions published on the Site will automatically apply to Visitors and to those Users who complete the online registration process after the publication of such changes on the Site.
3. CONTRACT FORMATION AND CONCLUSIONS
The purchase contract is concluded upon receipt of a confirmation email containing the order number.
4. PAYMENT METHODS
4.1 The Seller is authorized to collect payments by applying the prices indicated next to each specific product and/or service.
4.2 All prices are in euros and include applicable taxes, constituting a public offer under article 1336 of the Civil Code.
4.3 Buyer’s payment will be made by credit card, debit card, virtual card, or any other payment method approved for the Integrated Payment Service on the Site at the time of concluding the relevant sales contract.
4.3 Buyer’s payment will be made by credit card, debit card, virtual card, or any other payment method approved for the Integrated Payment Service on the Site at the time of concluding the relevant sales contract.
4.4 After the transaction is completed, the total amount will be debited from the Buyer’s account (product price, shipping costs), and the Buyer will receive a confirmation email containing the order number and details regarding the price and estimated delivery times.
5. INTEGRATED PAYMENT SERVICE
5.1 The Seller uses integrated payment services (Stripe; Apple Pay; Google Pay) for managing purchases. The Buyer declares to have read and accepted the General Conditions of these providers. The Buyer will be solely responsible for transmitting information associated with the credit or debit card, and the Seller disclaims any liability to the extent permitted by applicable law.
5.2 Under Article 1456 of the Civil Code, if the Seller becomes aware at any time that the information provided by the User regarding payment services is incorrect or has been changed without any communication in this regard, the supply of Products and/or Services may be interrupted/terminated with immediate effect.
5.3 In case of suspicion of any fraudulent behavior by a User, the Seller will immediately suspend the account of the User in question and transactions in progress pending the results of the investigation.
5.4. If the provider responsible for the Integrated Payment Service informs the Seller of any problem, it may immediately suspend the account of the User in question and transactions in progress pending the results of the investigation.
6. DELIVERY METHODS AND TIMES
The Seller will deliver the selected and ordered products with the methods chosen by the Buyer or indicated on the website at the time of offering the goods. Delivery times are indicated on the website or in the regulations of the integrated shipping service provider.
7. INTEGRATED SHIPPING SERVICE
The Integrated Shipping Service is provided by specialized third parties in the transport and delivery of goods. The Seller may at any time use other third-party providers such as these companies. The Buyer declares to have read and accepted the general conditions of these providers.
8. INTERACTION AND MESSAGES ON THE SITE
The exchange of Private Messages with Users is solely for the purpose of exchanging useful information regarding the goods and services sold.
The User must not send messages:
– Containing spam or content that spreads viruses or worms;
– Messages containing texts contrary to morality and public order, inappropriate, offensive, or defamatory messages, or otherwise incompatible with these General Conditions;
– Unlawful messages or sent to cause harm to the Site;
– Messages that could be considered harassment of any kind.
9. LIABILITY
9.1The Seller is not responsible for any tax liabilities or reporting obligations that may arise for Users from activities carried out on the Site. For Transactions made on the Site, Users themselves are solely responsible for any tax reporting obligations that may arise from applicable regulations.
9.2 The Seller cannot be held responsible for unforeseeable events or the lack of performance guarantees regarding data transmission volume and speed. In these conditions, it is the responsibility of Users to take all appropriate measures to protect their data and software, especially from any viruses circulating on the Internet.
10. USER OBLIGATIONS
10.1 The User agrees:
• At the time of registration on the Site, to provide truthful information about themselves, especially their username and email address;
• To register on the Site only once and not to create more than one Account;
• Not to use the Site and/or Services for the purpose of engaging in illicit actions or fraudulent transactions;
10.2 Users and Visitors agree to abide by the following rules when using the Site:
• Not to use (especially share and/or publish) misleading or incorrect information and/or data;
• Not to violate applicable laws and/or regulations;
• Not to act against public order and/or moral standards;
10.3 To the extent permitted by applicable laws, the Seller is not responsible for the behavior of a User when using the Site.
10.4 The User agrees to keep their login credentials and password confidential from third parties, except for individuals authorized by the User to use their login credentials.
10.5 The User agrees to promptly update information on the Site that is no longer relevant due to changes in their data (especially information provided during Site registration).
10.6 In using the Site, the User or Visitor declares:
• (i) to be an individual aged 18 or older (otherwise the parent(s) or legal guardian must register on their behalf), (ii) to use all Site Services for their personal interests not associated with any professional activity, and (iii) to have full capacity and all rights to carry out Transactions on the Site;
• to be aware of being fully responsible for the Transactions made;
11. SELLER’S RIGHTS AND OBLIGATIONS
11.1 The Seller (and on its behalf, the system administrator) may prohibit Users or Visitors from using the Site (stating the reasons for the prohibition or limitation), closing the User’s Account and preventing the User from re-registering on the Site or preventing the Visitor from accessing the Site, upon sending an official communication to the concerned Users or Visitors, if they:
1. provide incorrect, misleading, and/or incomplete information according to the General Conditions at the time of registration on the Site or use of the Site;
2. use another User’s identity on the Site or act unlawfully in another way;
3. log in from the same IP address or the same computer that has been blocked due to violations.
11.2 The Seller may, at any time, reorganize the catalog and offers of products and services, advertising spaces, or other information about products, to make the Site more user-friendly.
11.3 The Seller may, at any time, publish news or other communications regarding short and long-term offers on the Site. Information regarding offers and/or promotions compliant with applicable national regulations will be provided on the Site.
11.4 The Seller may, at any time, terminate or suspend or transfer to third parties the management of the Site, notifying Users of the Site, respecting a notice period of thirty (30) days.
12. WARRANTIES
12.1 The Seller is liable for any lack of conformity that occurs within 2 years from the delivery of the product. To this end, the Buyer is required to report the existence of the defect to the Seller; this report is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
12.2 For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they comply with the description given by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) they have the usual quality and performance of goods of the same type, which the Consumer can reasonably expect, given the nature of the goods and, if applicable, the public statements on the specific characteristics of the goods made by the Seller, the manufacturer, or its agent or representative, particularly in advertising or labeling; d) they are also suitable for the particular use intended by the Consumer and communicated to the Seller at the time of the conclusion of the contract, and that the Seller has accepted also by conclusive conduct.
12.3 In case of lack of conformity, the Buyer may request, alternatively and without charges, under the conditions indicated below, the repair or replacement of the purchased product, a reduction in the purchase price, or the resolution of this contract, unless the request proves objectively impossible to satisfy or excessively burdensome for the Seller.
12.4 The request must be sent in writing to the Seller, who will indicate their willingness to comply with the request, or the reasons preventing them from doing so, within 7 working days of receiving it. In the same communication, if the Seller has accepted the Buyer’s request, they must indicate the methods of shipment or return of the product, as well as the expected deadline for the return or replacement of the defective product.
12.5 If repair and replacement are impossible or excessively burdensome, or if the Seller has not carried out the repair or replacement of the goods within the term referred to in the previous point, or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, they may request, at their choice, a reasonable price reduction or the resolution of the contract. The Buyer must in this case send their request to the Seller, who will indicate their willingness to comply with it, or the reasons preventing them from doing so, within 7 working days of receiving it. The warranty does not apply to perishable goods.
13. RIGHT OF WITHDRAWAL
13.1 The Buyer has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within the period of 14 (fourteen) working days, starting from the day of receipt of the purchased product.
13.2 This right applies only with reference to contracts entered into by the individual buyer.
14. PERSONAL DATA
14.1 The Privacy Policy, available at the link https://whitekingart.it/privacy-policy/, describes the User’s Personal Data collected by the Seller and the purposes for which the Seller processes such data. The Privacy Policy and each part thereof do not constitute contractual clauses and are not integrated into these General Conditions. 14.2 The User is generally required to provide the Seller with only accurate data. When the User’s data changes (e.g., address or surname), they must notify such changes without undue delay by modifying the account information. Damage and failures resulting from the User’s failure to communicate data are the sole responsibility of the User unless data protection and privacy legislation provide otherwise.
15. APPLICABLE LAW, DISPUTE RESOLUTION, AND MISCELLANEOUS
15.1 These General Conditions are governed by Italian law. 15.2 In the event of a disagreement between the Seller and the User, the latter can submit a specific written request through the “Contacts” section on the Site; 15.3 The Seller holds all rights, especially intellectual property rights related to the Site, particularly its system, layout, and design of the Site, the software used for and by the Site, trademarks, and domain names used for the Site. 15.4 All notifications, requests, and other information exchanged between the User and the Seller will be sent as indicated in the General Conditions through the contact form appearing on the Site, and/or from/to the User via email, to the email address provided at the time of registration on the Site. 15.5 The User can raise objections regarding access, use, or the functioning of the Site or services by submitting a report at any time. Reports must be sent using the dedicated “contacts” section on the Site. Please contact us at this address for all legal requests: info@whitekingart.it 15.6 Under articles 1341 and 1342 of the Italian Civil Code, Users declare to have read and understood the following provisions of these General Conditions: 4 (Payment methods); 5 (Integrated payment service); 6 (Delivery methods and times); 7 (Integrated shipping service); 9 (Liability); 10 (User obligations); 11 (Seller’s rights and obligations); 15 (Applicable law, dispute resolution, and miscellaneous); 16 (Final provisions).
16. FINAL PROVISIONS
16.1 If a clause or a part of the clauses contained in these General Conditions is judged by any competent Authority to be invalid, illegal, or unenforceable to any extent, that clause will be separated to that extent from the remaining clauses, which will continue to be valid and enforceable to the maximum extent permitted by law.
16.2 These General Conditions govern the entire relationship between the Seller and the User and replace and revoke any prior agreement, promise, assurance, warranty, statement, and understanding between the parties, whether written or verbal, regarding its subject matter.