TERMS AND CONDITIONS OF SALE

1) Generalities.

The products on the e-commerce site www.michelangelo1960.com are offered by LA GALLERIA S.R.L a company registered with the Register of Companies of Florence with tax code 05429360489 and VAT number 05429360489. It is headquartered in Florence (FI) Piazza Santa Croce, 8 Italy (“La Galleria Michelangelo”).

The e-mail address is info@michelangelo1960.com; the telephone number is +39 055 241621. Purchases made through the Internet on the e-commerce site are governed by Italian law and by these contractual conditions indicated on the site at the time the order is placed (the “General Conditions”). Any dispute that may arise on the conclusion, interpretation, and execution of a sale stipulated through the e-commerce La Galleria Michelangelo will be devolved to the exclusive jurisdiction of the Italian judicial authority.

2) Users and Orders

Can use the e-commerce site La Galleria Michelangelo only final consumers, i.e. natural persons of age who are acting for purposes not related to the commercial, entrepreneurial, craft and / or professional activity possibly carried out, and who fall within the definition of “consumers” contained in D. Lgs. 206/2005 as amended (the “Consumer Code”). The Michelangelo Gallery will consider valid and effective and will take into consideration only purchase orders that have the following characteristics:

– orders may come only from the following countries – in relation to each of which the relevant price list will be specified: Italy, France, Spain, Germany, Great Britain, Austria, Belgium, Denmark, Sweden, the Netherlands, the Russian Federation, Finland, Luxembourg, the United States of America, Switzerland, Poland, Romania, Portugal, Ireland, Bulgaria, Croatia, and Sweden.

All orders that do not have the above characteristics will not be accepted, and if accepted may be deemed invalid and ineffective by The Michelangelo Gallery.

In fact, Michelangelo Gallery reserves the right not to execute orders that do not have the above characteristics.

It is also understood that La Galleria Michelangelo may not process the order and / or deem it ineffective when it is not possible to verify the correctness of the information relating to the shipping address and billing information, or the same has been made with the purpose of resale, in which case La Galleria Michelangelo reserves the right to terminate the contract with immediate effect and with simple written notice sent by email.

3) Prices

Purchase prices for La Galleria Michelangelo products will be specific to each country from which the order originates, and will include (gross) any taxes. The Michelangelo Gallery may apply special promotions to one or more products on the site that will change the price. The essential characteristics of the products and the prices are indicated in the product sheet on the site that the user must access before placing the order. Product images may not fully correspond to the actual products.

4) Shipments

Will be borne by the user of the e-commerce service the costs of transportation of the product that will be indicated explicitly during the purchase of the same. The Michelangelo Gallery undertakes, as the user’s agent, to enter into a shipping contract with a leading company taking into account the conditions practiced by the carrier itself.

User:

– may indicate that the purchase be shipped to a different address than the order and/or billing address (but still within the same country);

– must indicate a shipping address at which someone is always present to pick up the package. In the event that someone is not present at the given address for pickup, a different address than the address of residence must be given where the required condition is realized instead;

– Michelangelo Gallery will normally process your order within three weeks after receipt of payment confirmation. The estimated time for delivery depends on the carrier chosen. The Michelangelo Gallery will also, once the shipment has been made, automatically send an email containing all the information the user needs to track the order, including the direct link to the DHL portal or other chosen carrier for immediate verification of the delivery status. The Michelangelo Gallery is in any case not responsible for the non-delivery and / or delayed delivery of the package, if the methods of withdrawal described above are not respected, or there are otherwise incorrect indications by the customer;

– If the ordered items are not delivered within a period of 15 business days from the confirmation of shipment, you may contact La Galleria Michelangelo customer service directly. The order status and/or shipping status will be checked through the shipping company. However, the products will be delivered in the shortest time possible and in any case within the terms of the law (i.e under Article 61 of the Consumer Code 30 days from the Delivery Date). Under certain circumstances, such as, but not limited to, periods of sales or factory closures, delivery times may vary. The Michelangelo Gallery shall not be liable for delays in delivery that are not attributable to its fault or negligence. Therefore, The Michelangelo Gallery shall be exempt from liability for delays due to force majeure, strikes, natural disasters, pandemics, facts relating to customs clearance procedures, and any other facts relating to the provision of courier services or any other circumstances beyond its control and/or unforeseeable.

Notwithstanding the above, the user is requested to do everything in its power to facilitate the delivery of the order, making itself available for the reception or delegating it to a third party. Upon delivery, the user must verify the accuracy of the number of packages and the integrity of the outer packaging. In the event that the user encounters anomalies in the delivery, for example with reference to the number of packages or in the presence of damage to the outer packaging, he must sign the delivery document with reservation and contact the customer service of La Galleria Michelangelo. In the event that he fails to do so, the user may not subsequently oppose any dispute about the delivery, subject to the provisions of the following art. 13 on hidden defects and in compliance with the law placed to the mandatory protection of consumers.

5) Filling Orders

The user in order to conclude the purchase contract must complete the order procedure on the site in all its parts and confirm the payment of the order itself on the site of the selected payment entity. It is understood that orders from countries other than those indicated and with different characteristics than those provided above (by quantity and place of shipment) will not be accepted under any circumstances.

6) Procedures for compilation and information

Before proceeding to the completion of the order, the user must access the FAQ section where the identity and address, including e-mail address, of La Galleria Michelangelo, delivery costs, any other information relating to the execution of the contract, the existence of the right of withdrawal, and the manner and timing of the return of the product in the case of exercise of the same, as well as all other information relating to the General Conditions are indicated. The General Conditions may be stored and/or printed by the user.

7) Order and Information

During the order process, a series of summary information is provided on product features, price, shipping costs, delivery and payment methods for the product.

8) Order filling and responsibilities

To finalize the purchase contract, the order process and payment must be completed on the site of the selected institution. Both operations must be carried out following the instructions on the site. In the event that due to a typing error or whatever, orders have been filled that due to characteristics, quantities and/or prices the user does not wish to place, the user will not have to complete the procedure itself. The user is responsible for the correctness of the information provided during the order and payment procedure, and The Michelangelo Gallery assumes no responsibility for “unwanted” orders, sent by mistake and/or by minors, and will execute them in accordance with the information provided by the user and may demand payment of the agreed consideration.

If, during the process of completing the order and concluding the contract, the user detects that the price of one or more of the products he intends to select for subsequent purchase is manifestly lower than the price normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem occurred on the site, please do not complete your purchase order and report the above technical error to La Galleria Michelangelo, by sending an e-mail to the e-mail address info@michelangelo1960.com.

In cases where the user has completed his or her purchase order and a product is included in it whose price is manifestly lower than the price normally charged, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem that has occurred on the site:

A) if the user himself has not yet received the product, La Galleria Michelangelo will cancel the order, the delivery of which will therefore not be made, simultaneously sending a notice to that effect by e-mail, to the e-mail address provided by the user when completing and transmitting the order, and to reimburse the user for any payments made by him in relation to the cancelled order, including delivery costs, without undue delay and, in any event, no later than 14 days after the cancellation of the order, using the same means of payment used by the user for the initial transaction;

B) if the user has received the product, La Galleria Michelangelo will promptly inform the user by e-mail of the error occurred in the process of completing your order, offering the same, alternatively, to pay in favor of La Galleria Michelangelo, no later than the next 5 (five) days, by one of the available methods of payment, the amount corresponding to the difference between the correct price of the product and the incorrect price resulting from the purchase order, or cancel your order by following the instructions contained in the same communication and returning the product to La Galleria Michelangelo, at the latter’s expense, no later than the next 14 (fourteen) days, sending it to La Galleria Michelangelo, free of damage, complete with all its elements and accessories (including labels and tags unaltered and attached to the product), accompanied by the attached instructions/notes/manuals, the original packaging and packaging and the warranty certificate and accompanied by the return form, properly completed, which you will find attached to the e-mail sent by La Galleria Michelangelo.

In the event that the user has chosen the option referred to in paragraph (B) above The Michelangelo Gallery will refund to the user the payments made by the user in relation to the cancelled order, including delivery costs, without undue delay and, in any event, no later than 14 (fourteen) days after the cancellation of the order, using the same means of payment used by the user for the initial transaction.

9) Order Filing

The order confirmation and related data will be stored in the computerized database of La Galleria Michelangelo for the period necessary to process the order, and in any case for the period of the law.

An order confirmation will be sent to the user via email with all the order reference data. This data will also be visible, for registered users, in the My Account section.

10) Conclusion of contract

The contract is concluded in the last between the moment in which La Galleria Michelangelo receives electronically the order confirmation and the moment in which La Galleria Michelangelo receives the confirmation of payment from the selected entity, after verification of the correctness of the data that are entered therein. It is the right of La Galleria Michelangelo to refuse the order by giving notice by email within 2 (two) days of receipt thereof, in the event of incorrect data or forwarding a credit card code to the selected entity invalid and / or incorrect.

11) Product unavailability

In the event that the products presented on the e-commerce site of La Galleria Michelangelo are no longer available it will be the responsibility of La Galleria Michelangelo to communicate within 30 days of receipt of the order the possible unavailability of products in stock. In the event that the price of the product has already been paid will be care of La Galleria Michelangelo return the amount paid. In this case nothing will be due from La Galleria Michelangelo as compensation for damages or any other title.

12) Legal guarantee

Notwithstanding the provisions of Article 4 above, The Michelangelo Gallery assumes responsibility for any lack of conformity of the products that exists at the time of delivery of the products and that becomes apparent within a period of two years after delivery.

Michelangelo Gallery warrants to the user that the products sold are not defective and that they conform to the order and, therefore, in particular, that the products:

– meet the description provided on the website and possess the qualities of the products that La Galleria Michelangelo presented;

– are appropriate for the purpose for which goods of the same type are normally used;

– possess the usual quality and performance of a good of the same type, which the user can reasonably expect, taking into account the nature of the good.

For technological reasons The Michelangelo Gallery cannot guarantee that the display of colors on the screen of the devices used to access its site will always be accurate, complete and up-to-date. Marginal differences between the description of the product on the site and the actual characteristics of the product itself will not be considered as a cause of non-compliance of the product for the purposes of the order. The warranty of conformity of products sold on the site lasts for a period of 2 (two) years from the date of receipt of the products by the user. The rules set forth in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the products of La Galleria Michelangelo. In the event that a nonconforming Product is delivered, the user may request the restoration, without charge, of the conformity of the products by repair or replacement. Where this is not possible under applicable law, you will be entitled to a corresponding reduction in the purchase price or a refund of the purchase price and (if applicable) shipping costs.

The user will notify La Galleria Michelangelo of any lack of conformity of the products within the period of 2 (two) years from delivery through customer service. After receiving said notification from the user, La Galleria Michelangelo will contact the user to agree directly with the user on how to collect the products. The mere receipt of the products by La Galleria Michelangelo after the activation of the above procedure does not imply, in any way, the recognition by La Galleria Michelangelo of a lack of conformity of the products, being necessary a careful verification by La Galleria Michelangelo. The action aimed at asserting hidden defects is prescribed, in any case, in the term of 26 (twenty-six months) from the delivery of the product. Notwithstanding the foregoing, the warranty does not cover damage caused by mistreatment of the products, misuse, accidents, water, solvents, wear and tear, damage caused by carriers and, in any case, damage resulting from third party factors and not attributable to defects in conformity of the products.

13) Payments

Payment for online purchases made on the La Galleria Michelangelo website can be made only and exclusively by Visa – American Express – Mastercard credit card through the Paypal system or Bank Transfer.

The payment of orders takes place externally with respect to the La Galleria Michelangelo systems (within the servers of Paypal), which therefore is in no way the owner or responsible for the processing of the bank data or the data relating to the credit card with which the payment itself is made.

14) Withdrawal

The buyer has the right to withdraw from the contract entered into with La Galleria Michelangelo within 14 (fourteen) working days from the delivery of the products without any penalty and/or reason. To exercise the right of withdrawal, the purchaser must send within 14 (fourteen) days from the date of receipt of the goods by registered mail A.R. a notice expressly stating that he wants to proceed with the return of what was ordered. The communication may be sent by e-mail provided that it is confirmed by registered letter A.R. within the following 48 hours. The right of withdrawal may be exercised in the case of the purchase of a plurality of products even for only some of them. In the case of exercising the right of withdrawal, the user must provide at his own expense the return to La Galleria Michelangelo of the goods purchased, sending it to La Galleria Michelangelo within 14 (fourteen) days from the date of exercise of the right of withdrawal. The sending must be made to the address of La Galleria Michelangelo for all goods. In order to make the return of the products, the purchased products must arrive at the above address in perfect condition. The product must be returned with the original product packaging and product tag. If the withdrawal is not exercised in the manner indicated above, La Galleria Michelangelo will not accept the returned products and will return products to the user/customer without additional shipping charges.

14a) Exclusion of the right of withdrawal for customized products

Pursuant to and for the purposes of Article 59(c) of the Consumer Code, the right of withdrawal, cancellation or return is excluded in the case of orders for custom-made or clearly customized products based on the choices made by the buyer.

15) Returns

Packaging of returned products (which is the responsibility of the buyer) must be done with the original box in order to prevent the goods from reaching their destination deteriorated. Only in the event that the original packaging is unusable, an equivalent box in size and strength may be used. Shipments of returns made by methods other than those indicated above, which are the only ones authorized, will not be accepted. It is not possible to make returns of products as a result of withdrawal at the recipient’s expense. Once the return has reached its destination Michelangelo Gallery will check the legitimacy of the return and, having verified the correctness of the operations, will send the user a confirmation email. The amounts paid will be re-credited through the system with which the payment was made. The re-credit will normally take place within 14 (fourteen) days from the latest between the time La Galleria Michelangelo has received notice of the withdrawal and the time La Galleria Michelangelo has received the product returned by the buyer.

16) Disputes

Any contract of sale concluded between La Galleria Michelangelo and the buyer under these General Conditions shall be governed by and construed in accordance with the laws of Italy and in particular the Consumer Code. In any event, the rights that may be attributed to purchasers by mandatory provisions of law in force in the state of the latter will be without prejudice.

The buyer has the option to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute with La Galleria Michelangelo. For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure related to a contract with La Galleria Michelangelo, the buyer should access the following link: http://ec.europa.eu/odr.

The email address of La Galleria Michelangelo to be provided in the European ODR Platform is: info@michelangelo1960.com