These general conditions have as their object the purchase of products remotely by means of an electronic network through the website www.kronosgallery.com owned by:
Kronos Gallery with registered office in Via San Marco, 21 – 38122 Trento (TN), registered in the Business Register of Trento (n.235087 of 25/02/2020), VAT number 02581220221.
The purchase operations will be governed by the provisions of Legislative Decree 206/05, while the protection of confidentiality (privacy) will be subject to the discipline of Legislative Decree 196/03.
These general conditions are valid from 04/10/2020. They may be updated or modified by Kronos Gallery at any time, without notice, and will be valid from the date of publication on the website www.kronosgallery.com
The consumer undertakes and obliges, whenever there is a modification of these general conditions, to read them and if he deems it appropriate to provide for their printing and storage.
“Online sales contract” means the distance contract stipulated between a supplier, www.kronosgallery.com, owned by Kronos Gallery with registered office in Via San Marco, 21 – 38122 Trento (TN), and a consumer customer , in the context of a distance selling system organized by the supplier, that is the legal transaction having as object movable goods and / or services, which for this contract uses only the distance communication technology known as the Internet.
By consumer we mean the natural person who purchases goods and services for purposes not directly related to any professional activity carried out.
Art. 1: ACCEPTANCE OF THE TERMS OF SALE
1.1 The conditions set out in the introduction are an integral and essential part of this contract.
1.2 All contracts will be concluded directly through access by the customer (businesses and individuals) to the website corresponding to the address www.kronosgallery.com. At this point, the customer can conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
1.3 These general conditions of sale must be examined online by the customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance.
1.4 The customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with www.kronosgallery.com, the general and payment conditions illustrated below.
Art. 2: SALE PRICES AND PURCHASE METHOD
2.1 All sales prices of the products displayed and indicated on the website www.kronosgallery.com for which they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are inclusive of I.V.A. and any other taxes, except for any taxes due to the export of works and / or objects outside of Italy, or any taxes applied by countries other than Italy.
2.2 The total cost of shipping to the customer’s home is charged to the customer, unless otherwise specified. This cost will, in any case, be disclosed to the customer before confirming the purchase.
2.3 The purchase contract is finalized through the exact compilation of the registration form and the subsequent consent to purchase expressed through online membership.
2.4 The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
2.5 The prices of the different types of transport refer to the weight, encumbrance, size and destination of delivery. Any insurance coverage will be at the discretion (and at the expense) of the customer.
2.6 Some works are subject to resale rights, based on Legislative Decree no. 118 of 13/2/2006 “Implementation of Directive 2001/84 / EC, relating to the right of the author of a work of art on subsequent sales of the original” published in the Official Gazette general series n. 71 of 25/3/2006 and in force since 9/4/2006, therefore the customer for these works must pay the price of the resale right to Kronos Gallery. The amounts to be paid will be indicated and paid at the time of purchase.
Art. 3: METHOD OF DELIVERY
3.1 The customer has the right to choose the preferred method for coming into physical possession of the goods; he will be able to collect the goods himself or choose the method of delivery by shipment.
In the latter case www.kronosgallery.com, which does not carry out transport, but limits itself to estimate shipping services with first-rate companies with proven experience and / or to take care of the professional packaging of the goods and deliver them. to specialized firms. It will then deliver, to the address indicated to the customers, who will bear the cost of transport, the relative and where necessary insurance, as well as the risk, the products selected and ordered, in the manner provided for in the previous article, by couriers. of own selection;
3.2 The purchased goods will be delivered within the terms set out in art. 6 Legislative Decree 206/05. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
The normal delivery times for the Italian territory, after shipment, provide for the shipment of the goods within three days from the date of the order (weekends and holidays are not considered). In special cases, and for shipments to islands or in a peripheral area, delivery times may be extended.
You will receive an email upon shipment. From that moment on, we invite you to make yourself available at the delivery address in the following 24/48 hours.
For abroad, delivery times vary depending on the destination area and are generally prolonged.
3.3 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and obviously except for the right of withdrawal provided for in the specific section, the customer must sign the delivery documents.
3.4 At the time of delivery of the goods, the customer must check the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancy, the same must be reported on the same accompanying document and confirmed, within seven days by E-Mail or registered letter with return receipt, to Kronos Gallery. Even if the packaging is intact, the goods must be checked within seven days of receipt. Any hidden anomalies must be reported by E-Mail or registered letter with return receipt. Any report beyond the aforementioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared.
3.5 Home delivery, unless otherwise agreed in writing between the parties, will take place on the ground floor and during office hours: from 8.00 to 13.00 and from 14.00 to 18.00, every day, except holidays, from Monday to Friday. It will be the customer’s responsibility to eventually identify another person authorized to receive the work.
3.6 The customer is required to make himself available at the times described in point 3.4, in order to avoid any additional charges for non-deliveries by the express courier, charges that otherwise will affect the customer himself.
3.7 Kronos Gallery is not responsible for damage caused by the carrier to the products purchased.
3.8 In the purchase of paintings, according to the type of transport / delivery chosen by the customer, Kronos Gallery at its sole discretion will evaluate whether to proceed with the delivery of the works with the relative frames and cover glasses, not making them in any way part of the works or object of purchase.
Art. 4: AVAILABILITY OF PRODUCTS
4.1 The customer can only purchase the works currently present in the electronic catalog of Kronos Gallery visible online at the address (URL) www.kronosgallery.com. Kronos Gallery will accept the purchase limited to what is actually available in its virtual warehouse.
Art. 5: LIABILITY
5.1 Kronos Gallery assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from carrying out the times agreed in the contract.
5.2 Kronos Gallery will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.
5.3 Kronos Gallery assumes no responsibility for any fact related to transport, for which the buyer must contact the carrier directly.
5.4 Kronos Gallery is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products.
At no time during the purchase procedure made by pay-pal or credit cards, Kronos Gallery is able to know the buyer’s credit card number which, via a secure connection, is transmitted directly to the banking service manager.
Art. 6: GUARANTEES AND METHOD OF ASSISTANCE
6.1 Kronos Gallery acts as an agent of the sellers and declines all responsibility for the description of the works contained in the catalogs, on the site and in any other illustrative material; the above descriptions, as well as any other indication or illustration, are purely indicative and cannot generate any kind of trust in the successful bidders.
6.2 Kronos Gallery is not responsible for the authenticity of the works offered for sale. Therefore, the buyer is not provided with any implicit or explicit guarantee regarding the defects mentioned above. The works are sold with the authentications of the accredited subjects at the time of purchase. Kronos Gallery, therefore, will not respond in any way and for any reason in the event that changes occur in the subjects accredited and appointed to issue the authentications relating to the various works. After the sale, Kronos Gallery cannot be held responsible for defects relating to the state of conservation, for the incorrect attribution, authenticity and origin of the works and / or objects sold.
6.3 In the event of disputes founded and accepted by Kronos Gallery for artfully falsified objects, provided that the related written communication is received by Kronos Gallery within one year of purchase, Kronos Gallery may, at its discretion, cancel the sale.
6.4 Kronos Gallery, in the event that it becomes aware of any claim or right of third parties relating to the ownership, possession or possession of the work, it may, at its discretion, retain the work pending settlement of the dispute.
6.5 Buyers are required to comply with all laws or regulations in force relating to lots declared of particularly important interest and for which the declaration process has begun pursuant to art. 6 ex. of Legislative Decree 29 October 1999, n. 490, with particular regard to arts. 54 and ss. of the same decree. The export of works by resident and non-resident buyers in Italy is governed by the aforementioned legislation as well as by the customs, currency and tax laws in force. Kronos Gallery assumes no responsibility towards the purchaser in relation to any restrictions on the export of the works and / or objects sold or in relation to any licenses or certificates that the purchaser of a work must obtain under Italian law. The delay or failure to issue any license or authorization does not constitute a cause for termination or cancellation of the sale, nor does it justify the delay in the purchaser’s payment of the amount due.
6.6 If the works offered for sale are the subject of a declaration of cultural interest by the State pursuant to Legislative Decree no. 42 of 22 January 2004 and, therefore, subject to the exercise of the pre-emption right to purchase by the State itself, Kronos Gallery will notify the relevant Buyer. The Principal will report the aforementioned sale to the competent Ministry pursuant to art. 59 of Legislative Decree 42/2004. The case of non-exercise of pre-emption by the aforementioned Ministry, within 60 days of receiving the complaint, the sale will be legitimized. During the aforementioned period, the lots cannot be delivered to the buyer according to art. 61 of the same Legislative Decree 42/2004. In case of exercise of the aforementioned pre-emption, Kronos Gallery will return the price paid to the buyer.
Art. 7: BUYER’S OBLIGATIONS
7.1 The consumer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, that is, in order to fully satisfy the condition referred to in art. 3 and 4 of Legislative Decree 206/05.
7.2 These general conditions can be updated or modified at any time by Kronos Gallery which will communicate it through its website. The consumer undertakes and obliges, whenever there is a modification of these general conditions, to provide for their printing and storage.
7.3 It is strictly forbidden for the buyer to enter false, and / or invented, and / or fictional data, to provide identity documents of false or people other than those who make the purchase in the registration procedure necessary to activate in his compare the procedure for the execution of this contract and the related further communications; the personal data and the e-mail must only be their real personal data and not those of third parties, or invented.
7.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Kronos Gallery reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
7.5 The Customer relieves Kronos Gallery from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the customer, as the customer himself is solely responsible for the correct entry.
Art. 8: AUTHORIZATIONS
8.1 By filling in the appropriate space on the website, the Customer authorizes the Institute of his Credit Card, or other card issued in place of the same or pay-pal, to debit his current account in favor of Kronos Gallery total amount shown as the cost of the purchase made “on-line”. The whole procedure is done through a secure connection; directly connected to the bank owner and manager of the online payment service, which Kronos Gallery cannot access.
8.2 Should the consumer exercise the right of withdrawal, as articulated in the specific section, the amount to be refunded will be credited to the same credit card.
Art. 9: CONTRACTUAL TERMINATION AND DECLARED TERMINATION CLAUSE
9.1 Kronos Gallery has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid.
9.2 The obligations assumed by the customer referred to in art. 7 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, have an essential character, so that by express agreement, the non-fulfillment by the Customer of only one of these obligations will determine at the sole discretion of the Kronos Gallery the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right of Kronos Gallery to take legal action for compensation for further damage.