Terms of Sale General Terms and Conditions of Sale (GTCS) for purchases made online on this website

The offer and sale of products on the website saintpetermosaicgallery.com (hereinafter Site) are governed by these General Terms and Conditions of Sale. The Customer is required, before placing their purchase order, to carefully read these general terms and conditions of sale. The submission of the purchase order implies the complete knowledge and express acceptance, by the Customer, of the aforementioned general terms and conditions of sale, and once the online purchase procedure is concluded, the Customer is required to print and retain these general terms and conditions of sale, already viewed and accepted.

Supplier Identification The goods covered by these general terms and conditions are sold by “Galleria San Pietro” located at Largo del Colonnato, 5, 00193, Rome, VAT number 13465561002 hereinafter referred to as the “Seller”.

1 – DEFINITIONS

1.1 – The term “online sales contract” means the sales contract relating to movable material goods of the Supplier, concluded between the Supplier and the Buyer within the framework of a distance selling system through telematic tools, organized by the Seller.
1.2 – By the term “Buyer” we mean the natural or legal person who makes the purchase, as per this contract, for purposes not attributable to any commercial or professional activity.
1.3 – By the term “Seller” we mean the subject indicated in the heading.

2 – SUBJECT OF THE CONTRACT

2.1 – With this contract, respectively, the Seller sells and the Buyer purchases at a distance through telematic tools the movable material goods indicated and offered for sale on the website saintpetermosaicgallery.com
2.2 – The products referred to in the preceding point are illustrated on the web page: saintpetermosaicgallery.com

3 – CONTRACT CONCLUSION METHODS 

The contract between the Seller and the Buyer is concluded exclusively through the internet by the Buyer’s access to the address saintpetermosaicgallery.com, where, following the indicated procedures, the Buyer will proceed to formalize the proposal for the purchase of the goods, the contract for the purchase of the goods referred to in point 1) of the previous article.

4 – CONTRACT CONCLUSION AND EFFECTIVENESS

4.1 The contract is concluded when the Buyer expresses consent to the purchase by clicking “Buy now,” through which the Buyer places a binding order for the items contained in the virtual shopping cart. Purchase orders will be processed as soon as the Seller receives the full payment of the purchase price and any shipping costs according to the methods and terms set forth in the following point 5).
4.2 If the products subject to the order are not available due to reasons beyond the Seller’s control, the latter must promptly notify the Buyer, and in such case, the Seller will have no obligation to deliver the ordered goods, unless the Seller has assumed the procurement risk for the products contained in the purchase order.
4.3 In any case, if the ordered products are not available, the Seller will promptly refund any amount already paid by the Buyer.
4.4 The contract is not considered perfected and effective between the parties in the absence of what is indicated in the preceding points.

5 – PAYMENT AND REFUND METHODS

5.1 – Every payment by the Buyer can be made only by one of the methods indicated on the appropriate web page by the Seller among which, for indicative purposes, credit card, bank transfer, PayPal. The Seller reserves the right to refuse certain payment methods, as well as to request different payment methods for certain orders.
5.2 – Any refund to the Buyer will be credited by one of the methods proposed by the Seller and chosen by the Buyer, promptly and, in case of exercising the right of withdrawal, as regulated in the following point 13) and subsequent of this contract, no later than 30 days from the date on which the Supplier became aware of the withdrawal itself.
5.3 – The Buyer is required to pay the price of the products purchased and published on the website saintpetermosaicgallery.com at the time of sending the order.

6 – DELIVERY TIMES AND METHODS

6.1 – The Seller will deliver the selected and ordered products, using the methods chosen by the Buyer or indicated on the website at the time of offering the goods.
6.2 – The shipping times may vary from the same day of the order to a maximum of 15 working days from the confirmation of the same. Working days are understood to mean all those included between Monday and Friday, excluding any public holidays.
6.3 – The Seller assumes no responsibility and assumes no obligation to search for and find products not available from other sources. This provision also applies to fungible goods, for which only the type and characteristics of the products are described.
6.4 – The shipping methods, times, and costs are clearly indicated and highlighted on the Site.

7 – PRICES

7.1 – All selling prices of the products displayed and indicated within the website saintpetermosaicgallery.com are expressed in euros and constitute a public offer pursuant to art. 1336 c.c.
7.2 – The selling prices, as referred to in the previous section, are inclusive of VAT and any other applicable taxes. Shipping costs and any additional charges (e.g., customs clearance), if applicable, although not included in the purchase price, are the responsibility of the Buyer, unless otherwise indicated on the website saintpetermosaicgallery.com.

8 – PRODUCT AVAILABILITY

8.1 – The Seller ensures through the telematic system used the prompt processing and fulfillment of orders. For this purpose, the Seller indicates in real-time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
8.2 – If an order exceeds the quantity available in stock, the Seller will notify the Buyer via email whether the item is no longer available for reservation or what the waiting times are to obtain the chosen item, asking whether the Buyer wishes to confirm the order or not.

9 – LIMITATION OF LIABILITY

9.1 – The Seller assumes no responsibility for services attributable to force majeure, in case it fails to execute the order within the times specified by the contract.
9.2 – The Seller cannot be held liable to the Buyer, except in cases of fraud or gross negligence, for disruptions or malfunctions connected to the use of the internet network beyond its control or that of its sub-suppliers.
9.3 – Furthermore, the Seller will not be liable for damages, losses, and costs incurred by the Buyer as a result of the non-performance of the contract for reasons not attributable to the Seller, with the Buyer being entitled only to the full refund of the amount paid.
9.4 – The Seller assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards, checks, and other means of payment at the time of payment for the purchased products, provided that it demonstrates having taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 – Under no circumstances can the Buyer be held responsible for delays or mishaps in payment if it demonstrates having made the payment within the times and methods indicated by the Seller.

10 – LIABILITY FOR DEFECTS, PROOF OF DAMAGE, AND COMPENSABLE DAMAGES: SUPPLIER OBLIGATIONS

10.1 – Pursuant to articles 114 and following of the Consumer Code, the Seller is liable for damage caused by defects in the goods sold if it fails to communicate to the injured party, within three months from the request, the identity and domicile of the manufacturer or the person who supplied the goods.
10.2 – The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if still available.
10.3 – The Seller cannot be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to an imperative legal provision or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer circulated the product did not yet allow the product to be considered defective.
10.4 – No compensation will be due if the injured party was aware of the defect in the product and the danger it posed and nonetheless voluntarily exposed itself to it.
10.5 – In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.

11 – WARRANTIES AND ASSISTANCE TERMS

11.1 – For the purposes of this contract, the goods offered for sale are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:

• a) they are fit for the purpose for which goods of the same type are normally used;
• b) they conform to the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
• c) they have the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, public statements on the specific characteristics of the goods made by the seller, the manufacturer, or their agent or representative, in particular in advertising or labeling;
• d) they are also suitable for the particular use desired by the consumer and of which the consumer has informed the seller at the time of conclusion of the contract and which the seller has accepted, also by conclusive conduct.

11.2 – The Buyer loses any right if they do not report the lack of conformity to the seller within the period of two months from the date on which the defect was discovered. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.3 – In any case, unless proven otherwise, it is presumed that conformity defects that occur within six months from the delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the good or with the nature of the conformity defect.
11.4 – In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the resolution of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier according to art. 130, paragraph 4, of the Consumer Code.
11.5 – The request must be made in writing, by Registered Mail with Return Receipt, to the Seller, who will indicate their willingness to comply with the request or the reasons preventing them from doing so, within seven working days from receipt. In the same communication, if the Seller has accepted the Buyer’s request, they must indicate the shipping or return methods of the defective goods as well as the expected deadline for the return or replacement of the defective goods.
11.6 – 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 period indicated in the previous point or, finally, if 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. In this case, the Buyer must send their request to the Seller, who will indicate their willingness to comply with it or the reasons preventing them from doing so, within seven working days from receipt.
11.7 – In the same communication, if the Seller has accepted the Buyer’s request, they must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the Buyer’s responsibility to indicate the methods for the reimbursement of the sums previously paid to the Seller.

12 – BUYER’S OBLIGATIONS

12.1 – The Buyer undertakes to pay the price of the purchased goods within the times and in the manner indicated by the Contract.
12.2 – Once the online purchase procedure is completed, the Buyer undertakes to print and keep this contract.
12.3 – The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.

13 – RIGHT OF WITHDRAWAL

13.1 – The Buyer has the right to withdraw from the concluded contract, 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 goods.
13.2 – In the event that the Seller has not fulfilled the obligations regarding information on the existence, methods, and timing of return or withdrawal of the goods in case of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day the goods are received by the consumer.
13.3 – If the Buyer decides to exercise the right of withdrawal, they must notify the seller by registered mail with return receipt requested to the address: Largo del Colonnato, 5, 00193, or by phone at +39 066865450 or by email at info@galleriasanpietro.com, provided that such communications are confirmed by sending registered mail with return receipt requested to the address: Largo del Colonnato, 5, 00193, within 48 (forty-eight) hours thereafter. The stamp affixed by the post office on the receipt issued will be considered valid between the parties. For the purpose of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased item, provided it is within the same terms. The date of delivery to the post office or carrier will be considered valid between the parties.
13.4 – The return of the item must in any case take place no later than 30 (thirty) days from the date of receipt of the item itself. In any case, in order to be entitled to a full refund of the price paid, the item must be returned intact and, in any case, in normal condition of preservation.
13.5 – Refunds will be credited by the Seller directly to the account or payment instrument used at the time of purchase. For payments made by bank transfer, the refund will be made to the current account used for payment. For payments made by PayPal and credit card, the refund will be made to the PayPal account or credit card.
13.6 – The only expenses due by the consumer for exercising the right of withdrawal in accordance with this article are the direct costs of returning the goods to the Seller, unless the Seller agrees to bear them.
13.7 – The Seller will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days from the receipt of the withdrawal notice, according to the methods set out in the previous point 13.5).
13.8 – With the receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, without prejudice to what is provided for in the previous points of this article.

14 – CAUSES OF TERMINATION

14.1 – The obligations under point 12.1), undertaken by the Buyer, as well as the guarantee of the successful payment made by the Buyer using the means referred to in art. 5.1, and also the exact fulfillment of the obligations undertaken by the Seller under point 6), are essential, so that by express agreement, the non-fulfillment of only one of said obligations, if not determined by force majeure, will result in the automatic termination of the contract pursuant to art.1456 of the Italian Civil Code, without the need for a judicial decision.

15 – PROTECTION OF PRIVACY AND TREATMENT OF BUYER’S DATA

15.1 – The Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy regulations as per Legislative Decree of June 30, 2003, no. 196*.
15.2 – The personal, identification, and tax data acquired directly and/or through third parties by the Seller “Galleria San Pietro”, data controller, are collected and processed in paper, electronic, and telematic form, in relation to the processing methods for the purpose of recording the order and activating the procedures for the execution of this contract and the necessary communications, in addition to fulfilling any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003).* General provision of the Guarantor for the protection of personal data “Simplifications of certain obligations in the public and private sectors with respect to processing for administrative and accounting purposes” of June 19, 2008, published in the Official Gazette on July 1, 2008, no. 152.
15.3 – The Seller undertakes to treat with confidentiality the data and information transmitted by the Buyer and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be produced upon request of the judicial authority or other authorities authorized by law.
15.4 – Personal data will be communicated, subject to the signing of a confidentiality commitment for the data itself, only to subjects delegated to perform the activities necessary for the execution of the contract entered into and communicated exclusively for that purpose.
15.5 – The Buyer enjoys the rights provided for in art. 7 of Legislative Decree no. 196/03, namely: the right to obtain:

• a) updating, rectification, or, when interested, integration of data;
• b) the cancellation, transformation into anonymous form, or blocking of data processed unlawfully, including data that does not need to be stored in relation to the purposes for which the data was collected or subsequently processed;
• c) certification that the operations as per letters a) and b) have been notified, also regarding their content, to those to whom the data was communicated or disclosed, except where this proves impossible or involves a disproportionate effort compared to the right being protected.

The data subject also has the right to object, in whole or in part:

• i) for legitimate reasons, to the processing of personal data concerning him/her, even if pertinent to the purpose of the collection;
• ii) to the processing of personal data concerning him/her for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.

15.6 – The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failure to do so will result in the Buyer’s request not being processed.
15.7 – In any case, the acquired data will be stored for a period not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will take place securely.
15.8 – The data controller for the collection and processing of personal data is the Seller, to whom the buyer can address any request at the company’s headquarters.
15.9 – Anything sent to the address (including electronic) of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others, and must contain valid, non-infringing, and truthful information; in any case, the Center shall not be held responsible for the content of such messages.

16 – CONTRACT ARCHIVING PROCEDURES

16.1 – Pursuant to art. 12 of Legislative Decree no. 70/03, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Seller’s headquarters according to criteria of confidentiality and security.

17 – COMMUNICATIONS AND COMPLAINTS

17.1 – Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address: Largo del Colonnato, 5, 00193, or sent via e-mail to the following address info@galleriasanpietro.com. The Buyer indicates in the registration form their residence or domicile, telephone number, or email address to which communications from the Seller should be sent. For any other information, the Buyer may contact the seller at the following telephone number +39 066865450.

18 – DISPUTE RESOLUTION

18.1 – For all disputes arising from this sales contract, the Buyer may activate an out-of-court dispute resolution procedure in accordance with the requirements of Articles 141 et seq. of the Consumer Code. In the event that the Buyer activates the aforementioned procedure, the Seller will consider the opportunity to participate in an amicable settlement attempt of the dispute.
18.2 – If the Parties intend to resort to the ordinary Judicial Authority, the competent Court is that of the place of residence or elective domicile of the consumer, which is non-derogable pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree no. 206/2005.

19 – APPLICABLE LAW AND REFERENCE

19.1 – This contract is governed by Italian law. 19.2 – For matters not expressly provided for herein, the applicable legal provisions shall apply to the relationships and circumstances envisaged in this contract, and in particular Article 5 of the Rome Convention of 1980. 19.3 – Pursuant to art. 60 of Legislative Decree no. 206/05, reference is expressly made to the discipline contained in Part III, Title III, Chapter I of Legislative Decree no. 206/05.