Terms and conditions for Utopian-Identity ©

1. Background and definitions

1.1 These general conditions govern the manner and terms in which the company Koverart L.T.D, with registered office in126 East Ferry Road, Canary Wharf, London, England, E14 9FP, company number 14192235, markets products through the e-portalcommerce www.utopian-identity.art and regulate the purchase, through telematics, of these products.

1.2 These general conditions are drawn up and prepared in compliance with and in accordance with the legal provisions on electronic commerce, and in particular D.Lgs. 9 April 2003, n. 70.

1.3 With reference to contracts concluded with consumers, they will benefit from the protections provided for in case of conclusion of distance contracts pursuant to Part III, Title III, Chapter I, Section II, of the Legislative Decree of 6 September 2005, n. 206 (Consumer Code), in addition to all other guarantees provided for consumers by the Consumer Code and any other applicable law.

1.4 These conditions of sale have general scope; they constitute an integral and essential part of the contract of purchase of any product and the submission of an order matters its full reading and acceptance by the customer.

1.5 For the purposes of a better understanding of the terms and conditions of sale,:

consumer: any natural person who places a purchase order for purposes unrelated to the business, commercial, craft or professional activity that may be carried out;
professional: any natural or legal person who places a purchase order in the exercise of his entrepreneurial, commercial, craft or professional activity;
Customer: the person (consumer or professional) making the purchase from sito www.utopian-identity.art ;
site: the set of web pages accessible via l’url www.utopian-identity.art ;
Seller: the company Koverart l.t.d, provider of the electronic commerce service via www.utopian-identity.art;
Purchase order: proposal concerning the purchase of one or more products, formulated by the customer towards the seller;
Online sales contract: any purchase and sale contract relating to the products presented on the website by the seller, concluded between the latter and the customer as part of a distance selling system organized through telematic tools, concluded according to the procedures provided for in the following articles, with specification pursuant to art. 12 D.Lgs. n.70/2003 of the various technical steps to be followed for the conclusion of the contract, of the way in which the concluded contract will be stored and of the related access procedures, the technical means made available to the customer to detect and correct data entry errors before placing the order, as well as other information required by the above mentioned provision.

2. Acceptance of the general conditions of sale

2.1 The general terms and conditions form an integral part of any sales contract.

2.2 The customer, by making a purchase, expressly declares to have read and accept the content of the general conditions, together with the information provided during the purchase process.

3. Conclusion of the sales contract

3.1 To make purchases on the website www.utopian-identity.art it is not necessary to register, therefore the customer can proceed with the purchase order without registering (which is free).

3.2 I products subject to these general conditions are described, pursuant to art. 6 D.Lgs. n. 206/2005, in the relevant section of the site (Section "details"). The presentation of products on the site is addressed to customers so that they formulate, towards the seller, a purchase proposal; this presentation does not have the nature of an offer to the public binding ex art. 1336 c.c., remaining at the sole discretion of the seller any decision regarding the acceptance of proposals made.

3.3 To proceed with the purchase, the customer can select one or more products by inserting them in a virtual "cart" (clicking on the icon "add to cart") of which it will always be able to view the content in the appropriate section "see cart", with specific indication of the total price and quantity, before proceeding with the order ("proceed to check out"). The total indicated is representative of the total cost of the products inserted in "cart", including VAT, and excluding shipping costs.

3.4 At any time before the order is placed, the customer may, returned to the "shopping cart" exclude the previously selected products by clicking on the "basket" present in correspondence of the same or add more.

3.5 Once selected and inserted in the cart the products he wants to buy, the customer can proceed by clicking on the icon "proceed to check out".

3.6 The customer, if not registered, will be requested the data for the header of the accounting document; the customer who wants to invoice must then select the "Company" button by entering the data related to the company and the address to carry out the shipment. The customer will then be asked to select the chosen shipping method (with specific indication, for each, of its cost).

3.7 After this stage, the customer can choose the payment method among those indicated. If the billing address is different from the shipping address, remove the flag from "Shipping and billing addresses coincide" and enter the delivery details.

3.8 Once the order has been placed in accordance with point 3.10 below, it will no longer be possible to modify it.

3.9 To proceed with the order, the customer must declare, by affixing a flag in the box provided "I have read and accept the privacy policy and I declare that I have read and accept the general conditions of sale", your acceptance of the general conditions of sale that are automatically displayed through a special window.

3.10 By clicking on the "place an order" button at the end of the process, the customer will proceed to submit the order. Any order submitted in this way shall be understood, for all purposes, as a contractual proposal by the customer. The submission of the order implies the assumption of the payment obligation.

3.11 When the order is submitted by the customer, an e-mail will follow (sent to the e-mail account indicated by the customer) with which the seller communicates the receipt of the purchase proposal.

3.12 Once the availability of the products ordered has been verified, the customer will receive an order confirmation e-mail, which constitutes acceptance of the contractual proposal. From this moment it will no longer be possible to modify the order, even with reference to the delivery address of the goods.

3.13 The contract will be considered concluded and therefore the order accepted at the moment when the customer will have notice of the acceptance of his purchase proposal by the seller and then with the receipt of the e-mail confirmation and acceptance of the order, as provided for in the previous point 3.12.

3.14 The seller will be able to accept or not the orders received without that, in case of non-acceptance, the customer can assert rights or claims, except in case of simultaneous payment, reimbursement of sums.

3.15 In case of non-simultaneous payment, if the payment of the products does not take place within the deadline (5 working days from the order submission), the sales contract shall be considered as terminated and without effect.

3.16 At the time of shipment, the customer will receive a further e-mail with the courier’s link for tracking the package.

4. Price and shipping costs

4.1 The prices of the products published in the different sections of the site do not include any taxes, duties and taxes applicable in the country of destination of the products, if this is different from Italy, which will be borne by the customer.

4.2 All prices, the amount of VAT, shipping costs and any additional charges, where applicable, are indicated in the purchase procedure and clearly specified in the summary form "Order summary", as well as in the following email confirmation of order receipt and acceptance thereof.

4.3 The seller reserves the right to change at any time the prices of the products that are listed on the site; however, any changes in prices will not be effective against customers who have already made an order.

5. Payment method

5.1. For each order, the customer will pay in full the price of the products ordered - shown in detail with distinction between price, VAT and shipping costs or accessories - choosing the payment method within the purchase process and more precisely in the section "Method of payment". It is understood that, in case of non-acceptance of the order by the seller, the latter will promptly reimburse to customers the amounts already paid.

5.2 Payment may be made by:

bank transfer advance to the following IBAN: BE90967324093332 (code Bic Swift TRWIBEB1XXX), indicating in the reason the order number. In this case, the credit of the transfer must be made within five working days from the submission of the order; otherwise, the sales contract shall be considered terminated and without effect;
by accepted credit cards (Visa, MasterCard, Maestro): The service allows you to avoid re-entering your credit card data each time you make a purchase; access to the service is done by selecting the item "save this card for use in future purchases”;
by payment system in three instalments.

5.3 The customer will be required to indicate, among those proposed, the method of payment he intends to use.

5.4 The invoice, if requested within the purchase procedure will be issued.

3.6), will be issued in electronic format PDF sent to the customer.

5.5 Any reimbursement to the customer (even in case of non-execution of the order due to the unavailability, even temporary, of the product requested), will be credited, in case of a contract concluded with the consumer, using the same means of payment used by the customer for payment, unless expressly agreed otherwise with the consumer and provided that the consumer does not have to bear any costs as a result of the refund.

5.6 In case of a contract concluded with a professional, the refund will be made through one of the methods proposed by the seller and accepted by the customer, in a timely manner.

5.7 In case of exercise of the right of withdrawal by the consumer, as regulated by art. 9 of these General Terms and Conditions, the seller will credit the refund, minus the delivery costs, according to the procedures provided for in paragraph 5.5, without undue delay and in any case within 14 days of the day on which it is informed of the consumer’s decision to withdraw from the contract.

5.8 In case of withdrawal, the seller will not be obliged to reimburse the additional costs, if the consumer has expressly chosen a different type of delivery and more expensive than the standard one proposed by the seller.

5.9 The seller reserves the right to withhold the refund until they have received the products in their original packaging and have verified their integrity.

6. Time and mode of delivery of products

6.1 The seller will deliver the products selected and ordered with the shipping method chosen in the purchase order, to the address indicated by the customer.

6.2 In the case of a contract concluded with a consumer, the products will be delivered at the latest within thirty days from the date of conclusion of the contract, unless otherwise agreed by the parties in the e-mail confirmation and acceptance of the order.

6.3 The delivery is subject to payment, by the customer, of the price of the products and services related to the shipment.

6.4 At the time of delivery of the products, the customer must check that the number of packages in the delivery corresponds to what is indicated on the accompanying invoice/ receipt and that the packaging of the products is intact, not damaged or altered. Once the courier’s transport document is signed, the customer will no longer be able to contest the quantity and packaging of what he received. The customer may sign the transport document "with reservation" if the package is damaged or there is no correspondence between the number of packages indicated in the consignment note and that subject to delivery.

7. Responsibility

7.1. The seller does not assume any responsibility for disservices or failure or delayed delivery, attributable to unforeseeable circumstances or force majeure, such as, but not limited to strikes, measures of the Public Authority, rationing or shortage of energy or raw materials, epidemics, fires, floods, flooding, damage to industrial machinery not dependent on the seller and any other event not provided for here that has to occur due to causes not attributable to the seller.

7.2 The seller may not be held responsible towards the customer for malfunctions or malfunctions related to the use of the internet outside its control.

7.3 The perishing of the thing for a cause not attributable to the seller does not release the professional from the obligation to perform the consideration, even if the thing has not been delivered to him.

7.4 In the case of a contract concluded with a consumer, the risk of loss or damage to the goods for reasons not attributable to the seller shall be transferred to the consumer only when the latter becomes physically in possession of the goods.

7.5 The seller assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment used by the customer to pay the price of the products purchased, transport costs and any additional charges.

7.6 The seller will not be responsible in case of delays in delivery of products due to periods of closure for holidays or by chance or force majeure.

8. Product safety and guarantee

8.1 To the purchases made by the consumer, the legal rules regarding warranty shall apply including, if applicable, the rules provided for in the Consumer Code.

8.2 The seller is obliged to deliver goods in accordance with the sales contract according to the parameters provided for by art. 129 paragraph 2 of the Consumer Code.

8.3 In the event of a lack of conformity, the consumer may contact the seller within two months from the discovery of the defect or the defect of the product and request the restoration, free of charge, of the conformity of the goods by repair or replacement of the product.

8.4 The choice between repair and replacement remains at the disposal of the consumer, unless the remedy chosen is objectively impossible or excessively expensive compared to the other.

8.5 The repair or replacement of the product will be carried out within a reasonable time from receipt of the request.

8.6 If the repair or replacement is impossible or excessively costly, has not been carried out within a reasonable period of time or has caused considerable inconvenience to the consumer, the latter may, at his option, request a reasonable reduction in the price or the termination of the contract.

8.7 The contract shall not be terminated for minor defects, in respect of which repair or replacement has not been possible or is excessively costly.

8.8 The seller is liable in accordance with art. 130 of the Consumer Code, when the lack of conformity is manifested within two years from the delivery of the good.

8.9 Pursuant to art. 114 of the Consumer Code, in case of damage caused by defects of the goods sold, the damaged must send to the seller a written request for communication of the name of the producer, as well as the indication of the product that caused the damage, place and date of purchase. Within three months of the request, the seller shall communicate the identity and address of the producer or the person who supplied him with the goods.

8.10 The preceding paragraphs shall not apply in case of defects found in products purchased by professional customers, with respect to which the company does not issue any additional warranty subject to the mandatory limits of law.

8.11 In any case, the product is not covered by warranty if it is used in a way that does not conform to the product’s own and the instructions and/or warnings provided by the seller and/or the manufacturer of the Product.

8.12 Any report of a product’s lack of conformity must be submitted together with proof that the seller has purchased the product (tax document or payment receipt).

8.13 The seller declares, in accordance with the provisions of Regulation n. 178/2002/EC, that it has at its disposal a system of traceability of the supply chain which allows to identify each product according to the production batch.

9. Consumer's right of withdrawal

9.1 The consumer may in any case withdraw from the sales contract, without giving any reason and without incurring additional costs, within a period of fourteen days from the delivery of the products.

9.2 If the consumer chooses to use the right of withdrawal, he will promptly inform the seller of his decision by e-mail to redazione@koverart.art.

9.3 In case of communication by e-mail of the withdrawal, the seller will send without delay to the consumer a confirmation of receipt of the withdrawal exercised.

9.4 The deadline for exercising the right of withdrawal shall be deemed to have been met if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period.

9.5 The consumer is obliged to return the products to the seller, without undue delay and in any case within fourteen days from the date on which he communicated his decision to withdraw from the contract.

9.6 The deadline is met if the consumer returns the goods (delivery to the post office or courier) before the expiry of the fourteen-day period.

9.7 The products must be in the same condition as they were delivered and retain their original packaging and label. The right of withdrawal applies only to goods in their entirety at the time of return and may not be exercised for custom-made or clearly personalized products, for opening goods that are likely to deteriorate or expire quickly.

9.8 The seller, verify the recourse of the conditions referred to in point 9.7 above will reimburse the amount paid, withholding the shipping costs.

9.9 The cost of returning the product is borne by the consumer.

9.10 Regarding the methods of reimbursement of payments received by the consumer refers to what is provided for in art. 5 of these general conditions of sale.

9.11 With reference to the hypothesis of exclusion from the exercise of the right of withdrawal, art. 59 D. Lgs. n. 206/2005, in particular with reference to d) and e).

10. Processing of personal data

10.1 The seller (as data controller) informs the buyer (as data subject), pursuant to art. 13 of Regulation (EU) 2016/679, that the personal data provided by the buyer or otherwise acquired as part of the seller’s activity may be processed in compliance with the aforementioned legislation.

10.2 The personal data will be processed by the seller electronically in compliance with the strictest confidentiality and will only be used for the execution of the contract and for the management of the purchase order of the products.

10.3 The communication of personal data is mandatory for the purpose of the supply of goods and their failure to communicate will prevent the conclusion and execution of the contract.

10.4 No processing of data other than that necessary for the execution of the supply may be carried out without the express consent of the buyer.

10.5 In accordance with artt. 15-21 of Regulation (EU) 2016/679, the buyer, interested in the confidentiality and protection of his personal data, has the following rights:

access to data, that is the right to see or view your personal data with an indication of the purpose and manner of processing, as well as to request copies of the data;
rectification of data if the data subject considers that such personal data is not up-to-date, accurate or inaccurate, and subsequent updating, or when it is in his interest, the integration of data, the transformation into anonymous form or the blocking of data processed in violation of law, including those for which it is not necessary to store them in relation to the purposes for which they were collected or subsequently processed;
Cancellation or right to be forgotten;
Limitation of processing or the possibility to object to a decision based on automated processing;
portability of personal data which gives the data subject the possibility to request the transfer of his or her personal data
opposition to the processing, in whole or in part, for legitimate reasons to the processing of personal data concerning him, even if relevant to the purpose of the collection, to the processing of personal data concerning it for the purposes of sending advertising or direct sales material or for the performance of market research or commercial communication.

10.6 Furthermore, pursuant to art. 19 of Regulation (EU) 2016/679, the controller shall inform each of the recipients to whom personal data have been transmitted of any corrections or deletions or limitations on processing made pursuant to dell'articolo 16 of Article 17, paragraph 1, and art. 18, unless this proves impossible or involves a disproportionate effort. The controller shall inform the data subject of these recipients if the data subject so requests.

11. Communications and complaints

11.1 Pursuant to the provisions of art. 7 paragraph 1 letter. c) D. Lgs. n. 70/2003, for any problem, complaint or information on the purchase of products or on the order submitted the customer can contact the seller writing to redazione@koverart.art

11.2 If the customer decides not to use the support mail, remain in any case safe and without prejudice to all rights and faculties recognized by law.

12. Dispute settlement

12.1 For all disputes arising from this contract, which cannot be resolved out of court, the exclusive and mandatory jurisdiction is that of London.

12.2 In the case of a contract concluded with a consumer, the place of jurisdiction is the place of residence or domicile chosen by the consumer.

KOVERART LTD
126 East Ferry Road, Canary Wharf

London, England, E14 9FP

Numero di registrazione della società:

14192235