Terms & conditions

INTRODUCTION

The owner of the site http://www.jacopolupi.com (hereinafter the “Site”) is Jacopo Elio Bruno Lupi (hereinafter also “owner”).

The Website is dedicated to the promotion and online sale of products marketed by the owner exclusively to retailers and final consumers.

Users who purchase products through the Website expressly declare to make the purchase for strictly personal purposes, unrelated to the commercial or professional activity they may carry out.

Purchases made on the Site are regulated by these General Conditions of Sale and by the applicable regulations on distance contracts, in particular Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), as well as by the regulations on electronic commerce as per Legislative Decree no. 70 of 9 April 2003. These General Conditions shall be considered an integral and substantial part of the contract.

The owner recommends users of the Site to carefully read the conditions below before placing a purchase order and to keep them printed or saved on a durable and accessible medium.

For the purposes of these General Conditions of Sale, the Buyer and Jacopo Elio Bruno Lupi are individually or jointly indicated as the Party or Parties respectively.

1. PRELIMINARY PROVISIONS

1.1. Identity of the seller

The seller is Jacopo Elio Bruno Lupi, independent artisan, with registered office in Via degli Arcimboldi 2, 20123, Milan, Italy, VAT number IT10290640969, Rea MI – 2519852.

1.2. Identity of the purchaser

For the purposes of this document, the term “Purchaser” means any natural person who purchases the products sold on the Site (hereinafter the “Products”), who meets the requirements set forth below.

The Purchaser:

– declares and guarantees, by accepting these Terms and Conditions of Sale, that the purchase of Products on the Site is not related to a professional activity and is limited to strictly personal use;

– declares to be capable of contracting;

– undertakes not to resell or distribute the Products purchased on the Site under its own responsibility.

1.3. General Conditions of Sale

The sales contract stipulated between the Seller and the Purchaser is governed by these General Conditions of Sale, which represent the conditions and methods by which the owner carries out the sale and delivery of the Products through the Site, to the exclusion of any other contractual document.

The Purchaser must read the General Conditions of Sale before completing the procedure for purchasing products and/or services through the Site.

By checking the corresponding box, the Purchaser acknowledges that he or she has consulted and expressly accepts these conditions, without the need to sign any further document.

The Purchaser may save or print these General Conditions of Sale, without modifying them.

No modification to the General Conditions can be considered accepted by the owner, if the acceptance does not result from a deed duly signed by the owner.

The owner reserves the right to modify the General Conditions of Sale at any time and without notice, specifying that those applicable to the sale are those that the Purchaser accepts at the time of order.

1.4. Information on Products

The Purchaser may, before placing his order, view the essential characteristics and price of the Products he wishes to order by clicking on it on the Site.

The owner reserves the right at any time to add new products, remove some of them or modify their presentation or price. The information on the Products and prices applicable to the order are those that appear on the Site when the Buyer validates the order.

1.5. Customer Service

For any information, questions or advice regarding your order or Products, please contact the site:

– through the “Contact” section of the Site;

– by e-mail at: jacopo@jacopolupi.com;

– by post by writing to the following address: Jacopo Lupi, via degli Arcimboldi 2, 20123, Milan, Italy.

2. ORDERS

2.1 Order through the Site:

The Buyer selects the selected Products and adds them to the “Your Shopping Cart” section. He can check the details of his draft order and modify it at any time before it becomes final.

The Purchaser must validate his details, billing address, place and method of delivery and payment chosen.

From the moment the Buyer confirms his order by clicking on the “Validate payment” icon, he is considered to have definitively accepted the contents and conditions of the order, the prices, characteristics, quantities and delivery times of the ordered Products. The order from that moment on becomes definitive.

After placing the order, the Buyer will receive a confirmation email with a summary of the order data.

2.2 Order confirmation:

The site sends the Buyer an email summarizing the terms and conditions of the order.

2.5. Unavailability of products.

In the event of unavailability of one or more Products after the order confirmation, the Purchaser will be informed by e-mail or telephone as soon as possible, in any case within the expected delivery date. In any case, the Purchaser will be charged only the costs of the Products actually delivered.

2.6. Cancellation of the order.

The owner reserves the right to suspend or cancel, at its own discretion and at any time, the execution of an order and/or the shipment of the Products ordered in case of:

– orders repeated abnormally;

– in cases where the information provided by the Purchaser is incomplete or inaccurate;

– in case of non-payment or partial payment of the amounts due by the Purchaser;

– in case of fraud or attempted fraud through the use of the Site, also in relation to orders previously placed by the same person.

The Purchaser may cancel his or her order by exercising the right of withdrawal under the conditions set out in article “6. RIGHT OF WITHDRAWAL”.

3. PRICE

The prices that appear on the Site are indicated in Euro.

Prices are inclusive of all applicable taxes, including VAT, and are subject to change during the year, it being understood that the Products ordered will be invoiced at the prices in force at the time of order registration. VAT shall be deemed to be included to the extent applicable on the day the order is placed and any change in the applicable rate shall automatically apply to the price of the Products sold from the day the order is placed.

Shipping costs are not included, calculated in addition to the price of the Products purchased based on the amount of the order. Shipping costs will be indicated before the Purchaser registers the order.

Any bank charges for payment will be charged to the Purchaser.

4. CONDITIONS OF PAYMENT

4.1. Payment by credit card

Orders can be paid by credit card through PayPal or PayPal account. The PayPal Terms of Use will apply.

The owner reserves the right to verify the reliability of the information entered by the Purchaser by requesting appropriate documentation, such as a copy of the ID card by e-mail or mail; in this case the order will be considered suspended. In the absence of transmission or non-compliance of the requested documents, the owner reserves the right to cancel the order without the Buyer having the right to claim any compensation of any kind.

As part of the fight against fraud on the Internet, the holder will be required to transmit information on the Buyer’s order to any competent authority that so requests.

4.2 Other payment methods

We do not accept payments by cheque or other means not expressly indicated herein.

4.3 Authorizations and successful payment The Purchaser guarantees the owner in any case to have the necessary authorizations to use the payment method chosen at the time of placing the purchase order.

The owner reserves the right to suspend or cancel any order and / or delivery, regardless of the nature and at any time, in case of non-payment of any amount that would be due by the Purchaser or if the payment is not successful.

5. DELIVERY

5.1. Place of delivery

The Products ordered by the Purchaser according to these General Conditions of Sale will be delivered to the address indicated by the Purchaser.

The holder will ship exclusively to countries belonging to the European Union.

5.2. Delivery time

The Products will be delivered to the Purchaser as soon as possible, in any case within thirty (30) days from the order confirmation, except in the case of force majeure In the event that the Products are returned to the owner because the Purchaser has not taken possession of the package containing the products, the Purchaser will be refunded the amount of the order, less shipping costs.

5.3. Verification of the order upon receipt The Purchaser must verify the conditions of the package at the time of collection in order to be able to make any reservations directly to the courier upon delivery of the package, in case of non-conformity, declaring to accept it with reservation. No further complaints regarding the conditions of the package can be submitted to the owner or to the site.

The Purchaser must verify the correspondence of the goods delivered with his order and immediately inform the owner of any anomalies or non-conformities found.

6. RIGHT OF WITHDRAWAL

6.1. Right of withdrawal

The Buyer, pursuant to art. 52 of the Consumer Code, has the right to withdraw from the order even without reason within fourteen (14) calendar days from the date of receipt of the order. When the period of fourteen (14) days expires on a Saturday, Sunday or public holiday, this period is extended until the next business day.

In order to exercise this right, the Buyer must, within the expiration of the withdrawal period, inform the owner of its intention to withdraw, by means of an unequivocal statement:

– the form available on the Site in the “Contact” section;

– or by sending a communication by post or e-mail addressed to the jacopolupi.com Site and including at least the following information: name and surname, postal address and, if available, telephone number, order number and e-mail address.

6.2 The right of withdrawal may be exercised only in relation to Products that are intact, returned in their original sealed and unopened packaging.

The Products returned as a result of the exercise of the withdrawal must be returned within a maximum period of fourteen (14) calendar days from the withdrawal request, together with all other items delivered at the time of purchase, to Jacopo E.B. Lupi – Via degli Arcimboldi 2, 20123, Milan, Italy.

6.3 Upon receipt of the goods, the owner will return the price of the returned Products and the standard shipping costs. The refund will be made within fourteen (14) days from the quantitative and qualitative verification of the returned Products by the owner. The owner shall bear only the standard delivery costs (any surcharges corresponding to express or special shipments chosen by the Purchaser will not be refunded).

The return costs are to be borne by the Purchaser: parcels sent by cash on delivery will not be accepted. Products not accepted will be returned with costs to be borne by the Buyer.

7. LEGAL GUARANTEE OF CONFORMITY

The products offered for sale are artistic creations and handcrafted. They are all handmade, one by one, so slight differences in shape or colour are naturally related to the nature of the work and the way it is made.

Without prejudice to the foregoing, in the event of receipt of a good other than that purchased, the Purchaser may request without charge, under the conditions indicated below, the replacement of the purchased good, unless the request is objectively impossible to satisfy or is excessively onerous for the owner pursuant to art. 130, paragraph 4, of the Consumer Code. Any other remedies provided for by the aforementioned regulation remain unaffected.

The report of physical, apparent non-conformity of the product received with what has been ordered must be made within seven days of delivery, except for the longer period applicable.

For any complaint and request the Purchaser must contact the site through the “Contact” section.

The provisions of art. 117 of the Consumer Code are expressly referred to.

8. LIMITATION OF LIABILITY

8.1 The owner assumes no responsibility for inefficiencies attributable to force majeure or fortuitous circumstances, even if they are due to malfunctioning and disruption of the Internet network, if he is unable to execute the order within the time limits set out in the General Conditions of Sale.

8.2 The owner will also not be liable for any damages, losses and costs incurred by the Purchaser as a result of failure to execute the sale for reasons not attributable to the same, and unless they are due to fact or omission of the owner. In this case, the Purchaser will only be entitled to a full refund of the price paid.

8.3 Furthermore, the holder cannot be held liable for any fraudulent or illegal use that may be made by third parties of the Purchaser’s credit cards and other means of payment, if he can prove that he has taken all possible precautions based on ordinary diligence.

8.4 The Cardholder declines all responsibility for the eventuality in which the information made available on the Site has been illegally modified or inserted by unauthorised third parties fraudulently introduced into the Site.

8.5 In the event that the liability of the owner is established for any damage suffered by the Purchaser due to failure to provide or improper provision of services through the Site, the compensation will be limited to the amount paid by the Purchaser to the owner for the order.

9. GENERAL

9.1. Any failure by the owner to apply these General Conditions of Sale to the Purchaser can never be understood as a waiver of the same.

9.2. If any provision of the General Conditions of Sale is declared invalid in whole or in part, the other provisions and other rights and obligations deriving from the General Conditions of Sale will remain valid and effective.

9.3. In general, the owner and the Purchaser expressly agree that the e-mails will be valid between the parties, as well as the automatic registration systems used on the Site, in particular with regard to the content and date of the order.

10. PERSONAL DAMAGES

The personal information collected at the time of order will be processed for the management and tracking of orders (including taking orders, billing, shipping, refund, complaint, after-sales service), managing consumer opinions on products, services, content purchased.

The recipient of this data is the owner and its service providers for the execution of the order. The data may be transmitted to selected partners of the holder for the purpose of managing consumer accounts. This data will be stored for a period of time to meet the legal obligations of the owner or for a maximum of five years since the last purchase / contact.

In accordance with the regulations on the protection of personal data (including Regulation (EU) 2016/679 of 27 April 2016), the Buyer has the right of access, rectification, cancellation, portability of data, limitation or opposition to processing, which he may exercise by sending an email under “Contact” or a letter, accompanied by a photocopy of his identity document, to the following address: jacopo@jacopolupi.com. The Buyer also has the right to submit a complaint to the Data Protection Supervisor or other competent supervisory authority.

11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Site and all elements accessible on the Site are the exclusive property of the owner. It is strictly prohibited to distribute, modify, transmit or reproduce the Site, in whole or in part, in any form.

12. APPLICABLE LAW AND PLACE OF JURISDICTION

12.1. These General Conditions of Sale are subject to Italian law.

12.2. Any dispute concerning the Purchaser and these General Conditions of Sale or an order will be judged by the competent court according to the place of residence or domicile of the Purchaser. The Purchaser may also make use of consumer mediation, an extra-judicial dispute resolution mechanism, in accordance with the provisions of articles 141 and 141 decies of the Consumer Code.

The European Commission offers consumers and professionals who wish to use mediation a one-stop shop accessible at the following address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=IT#