CONDITIONS OF PURCHASE

1. IN GENERAL

1.1
These terms and conditions (“Terms”) apply when a consumer (“Private User”) places an order via www.essentiarts.com and related pages (“Site”). The agreement is between you and EssentiArts, VAT No. XXXXXXXXX (“EssentiArts”). Detailed contact information and other information about EssentiArts can be found on the Site. The conditions only apply to the user as a private consumer placing an order via the site.

1.2
To order from the site, you must be 18 years of age. EssentiArts does not accept purchases from anyone under the age of 18. EssentiArts reserves the right in individual cases to refuse or change an order (e.g. if the user has given false personal data and/or has poor credit).

1.3
EssentiArts reserves the right against stock-outs and any image or typographical errors on the website, such as errors in product descriptions or technical specifications, incorrect prices and price adjustments (such as price changes by suppliers or currency fluctuations) or inaccurate information about whether goods are in stock. EssentiArts has the right to correct such errors and to change or update the information at any time. If an incorrect price has been quoted for an ordered product, EssentiArts will notify you and wait for your approval of the correct price before continuing with the order. All photos on the site should be considered as illustrations only. Such illustrations cannot guarantee the exact appearance of the product. EssentiArts is not responsible for information on the site from a third party.

1.4
The site and all its contents are the property of EssentiArts or its licensors. The information is protected by intellectual property laws and market laws. This means that trademarks, trade names, product names, images, graphics, designs, layouts and information about products, services and other content may not be copied or used without written permission from EssentiArts.

2. CONTRACT AND ORDER

2.1
To make a purchase via the site, you must accept the conditions of purchase. By accepting the conditions of purchase, you agree to follow the conditions of purchase in their entirety, and confirm that you have read the information on personal data and consent to the processing of personal data and cookies in accordance with EssentiArts’ privacy policy, see here.

2.2
A purchase contract only comes into effect when EssentiArts has confirmed the order and you have received the order confirmation from EssentiArts by e-mail. EssentiArts recommends that you save the order confirmation for possible contact with customer service. The user may revoke the order until it has been confirmed by EssentiArts. If the order is revoked, EssentiArts will refund all payments you or your credit card company has made regarding the order.

3. CUSTOMER DATA ETC.

3.1
When you register an account and/or place an order, you will be asked to provide certain personal information. The user confirms that the information he or she has provided is accurate and complete, and is responsible for incorrectly entered information. Information on how EssentiArts processes personal data can be found in the EssentiArts privacy policy.

3.2
You agree to ensure that no one else can use your login information. You may not disclose your user name and password to unauthorised persons and you must ensure that the document defining your user name and password is stored in such a way that no unauthorised person has access to the information. You must notify EssentiArts immediately if you suspect that an unauthorised person has access to your password. If such notification is not made, the user is liable for all purchases made with the access information.

3.3
If EssentiArts suspects that you are abusing your user account or login information, or otherwise violating the terms of purchase, EssentiArts has the right to exclude you. EssentiArts also has the right to assign new login information.

4. TERMS SPECIFIC TO WORKS OF ART
4.1
Description of the service: The content available on the EssentiArts platform is created through digital production mechanisms and may also include production through AI systems, without human involvement or traditional artistic methodology.

4.2
Uniqueness of content: The production aims for uniqueness in its creations. However, considering the vast volume of works of art in the world, we do not guarantee that similarities with pre-existing art will not occur.

4.3
Rights of Use: The intellectual property rights in all software and content made available to you on or through this website remain with us or our licensors and are protected by copyright laws and treaties throughout the world. All such rights are reserved by us and our licensors. Acquiring a work of art from EssentiArts gives you rights for personal use. For commercial applications or distribution, direct permission from EssentiArts is required.

4.4
Disclaimer: EssentiArts assumes no responsibility for any misunderstanding or dispute arising from the likeness, interpretation or perception of the content created. All transactions are final, with refunds considered solely at the discretion of EssentiArts.

4.5
Modifications and Notifications: EssentiArts retains the authority to revise or modify these terms at its discretion, without notice. Users are advised to review these terms periodically.

5. PRICES, CHARGES AND PAYMENT

5.1
When ordering through the site, the prices indicated on the site apply. Prices are in Euro and include VAT. Prices do not include payment and shipping costs, which are listed separately.

5.2
Payment can be made in the manner indicated on the website. Further information on payment methods on the site can be found here. EssentiArts has the right to be paid already at the time of the order, if the user has not chosen to pay on invoice or another similar payment method approved by EssentiArts. In case of payment on invoice or payment in instalments, EssentiArts or its partners may do a credit check. In this case, you will be informed. EssentiArts reserves the right not to offer all payment methods at all times, or to change the payment method you have chosen if for some reason it does not work at the time of purchase. Please note that any restrictions on payment options are listed on the site.

5.3

For delivery to all countries outside the EU prices do not include any VAT. The cost of shipping must be added to the price. For deliveries to other countries, the VAT rate is adjusted according to applicable legislation when entering the delivery address in the checkout, and the sales price is adjusted accordingly.
For orders outside the EU local customs taxes and fees for customs clearance may apply and be charged by the shipping company upon arrival. Such taxes and fees must be paid by the customer. Local taxes and fees are NOT included in the price shown in our order basket. EsserntiArts has no information on local customs tax amounts to be paid upon arrival. Many countries allow packages of smaller amounts to pass customs clearance without any cost/taxes/fees. Please check the legal regulations in your country for further information.

6. PROMOTIONS AND OFFERS

EssentiArts may from time to time offer promotions on the site that may have more favourable terms than set out in these terms of purchase, for example regarding payment or an extension of the right of withdrawal. These favourable terms are valid as long as the promotion is active and for the specific goods listed by EssentiArts in relation to the promotion. EssentiArts reserves the right to withdraw these promotions at any time. After the promotion ends, these terms and conditions of purchase apply without modification. Offers on specific products on the site are valid for a limited time and while stocks last.

7. GIFT VOUCHER

EssentiArts gift vouchers are valid for two (2) years from the date of issue and can be used for purchases on the EssentiArts website. After expiry, the voucher is no longer usable as a payment method, cannot be reactivated and the remaining value is non-refundable. Your gift voucher is a valuable document that must be stored safely and cannot be redeemed for cash. Lost or stolen vouchers cannot be replaced. Gift cards cannot be combined with discount codes.

8. DELIVERY AND TRANSPORT

8.1
Available products are normally delivered within the number of working days indicated on the website. Unless otherwise agreed (e.g. in connection with the booking of unavailable products), delivery will be made no later than 30 working days after EssentiArts has confirmed your order in writing through the order confirmation. If you have not received your order within the advertised delivery time, please contact our Customer Service no later than 30 working days after the order has been placed.

8.2
The expected delivery time of the goods is indicated in the order confirmation, at the checkout and/or on the relevant product page on the website. Unless otherwise agreed, if delivery takes longer than 30 days and this is not due to you, you have the right to cancel the purchase.

8.3
The parcel must be collected within the time specified in the notification. Packages must normally be collected in person with a valid identity document and the order number. The user always receives a notification indicating where and when to collect the parcel. Notification can be by e-mail, regular mail, and if the user has provided a phone number, also by phone call or SMS. If the parcel is not collected, EssentiArts has the right to charge a surcharge for non-collection, for more information see here. In case of home delivery there must be a person available to collect the parcel.

9. RIGHT OF WITHDRAWAL

9.1
When purchasing products, you have the right of withdrawal, without stating reasons, within 14 days from the time of order confirmation. In order to comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires. All products must be returned in the same condition in which they were received. If the products have been visibly used, we may apply a deduction directly from the refund.

9.2
The right of revocation does not apply to customised posters, as these are made to order according to customer specifications or are clearly tailored to the customer’s personal needs and for the delivery of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.

9.3
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g. letter sent by post, fax or e-mail), sent by letter or by e-mail (ESSENTIARTS c/o Viale dei Mille 56, Florence, Italy e-mail: [email protected]) regarding your decision to withdraw from this contract. If the Customer exercises the right of withdrawal, the Customer shall pay for the shipping cost and shall be responsible for the condition of the product after the Customer has received the product and during the return shipment.

9.4
When exercising the right of withdrawal, you will pay a return shipping fee and will be responsible for the condition of the product from receipt of the goods and during the return transport. The product may be returned within 14 days from the date the notice of exercise of the right of withdrawal was sent to EssentiArts. The product must be sent well packaged, in good condition and in its original box. Any returns must be sent to EssentiArts according to the procedures and instructions that will be provided by e-mail.

9.5
When the user withdraws from the purchase, EssentiArts will refund the amount paid for the product, including the shipping costs paid for the initial receipt. Except for any additional shipping costs if you have chosen a delivery method other than those EssentiArts offers as standard, without undue delay and in any event no later than 14 days from the day you inform EssentiArts of your decision to withdraw from this contract. If only part of the order is returned, the shipping costs will not be refunded.

9.6
EssentiArts will refund using the same means of payment as was used in the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a consequence of such a refund. The refund may be suspended until receipt of the goods or until the consumer proves that he has returned the goods, whichever is earlier.

10. WARRANTY AND CLAIMS

10.1
EssentiArts’ products are covered by a warranty. The guarantee only covers original manufacturing defects, and therefore not faults that occur during or after an alteration of the function and appearance of the product, such as rebuilding, upgrading or other configuration of the product. The order confirmation shall serve as a guarantee certificate.

10.2
The warranty covers products that are defective according to applicable consumer protection legislation. Customers who wish to claim defects in an ordered product are requested to contact EssentiArts as soon as possible after discovering the defect, following the contact information on the Site. You have a 2-year warranty on products purchased from the Site. If a defect becomes apparent within 1 year after delivery, there is no need to prove its existence at the time of delivery.

10.3
EssentiArts pays the return shipping for approved defective products.

10.4
When the defective product has been returned and the claim has been approved, EssentiArts will refund you in accordance with applicable consumer protection legislation. EssentiArts tries to do this within 14 days of receipt of the complaint, but it may take longer depending on the type of product. EssentiArts reserves the right to reject a complaint if the product is not defective as defined by applicable consumer protection legislation.

10.5

This guarantee covers manufacturing defects in terms of dimensional compatibility, stitching and adhesives of the products. Please note that EssentiArts’ guarantee does not cover defects and damage resulting from:
– external circumstances, e.g. loss, theft, fire and damage caused by water and other liquids,
– misuse or negligence, e.g. tears, dents, breakage, dropping of the product, etc,
– cosmetic changes due to normal wear and tear, e.g. scratches, material wear, flaking of paint, etc,
– unjustified accidents or repairs or changes to the product not carried out by EssentiArts.
Please note that if the instructions for use and storage are not followed, this guarantee will be invalidated. This guarantee does not affect or replace more favourable conditions under the law.

11. LINKS

EssentiArts may link to other sites that are outside of EssentiArts’ control, and sites outside of EssentiArts’ control may link to the Site. Although EssentiArts tries to ensure that it links only to sites that share EssentiArts’s provisions regarding personal information and security as described in the Privacy Policy, EssentiArts is not responsible for the security or privacy of any information or personal data you provide on other websites. We recommend that you use caution and read the privacy policy of the current site.

12. FORCE MAJEURE

EssentiArts shall not be liable for delays caused by circumstances over which EssentiArts has no control such as general strikes, extreme weather conditions, war, fire, lightning, terrorist attacks, changes in legislation, technical problems, failures in telephone/electrical/data communications or other communications, and errors or delays in supplier services due to circumstances stated herein. These circumstances constitute grounds for acquittal from claims and other penalties. Should such a situation arise, EssentiArts will inform the user both at the beginning and end of the current situation. If the situation persists for more than two months, both EssentiArts and the user have the right to withdraw from the purchase with immediate effect.

13. CHANGES TO PURCHASE CONDITIONS

EssentiArts reserves the right to change these conditions at any time. Any changes to these conditions will be posted on the site. Changes are effective when you have accepted the terms and conditions (whether in connection with a purchase or when visiting the site), or 30 days after EssentiArts has informed you of the changes. EssentiArts recommends that you keep up to date with the site to be aware of any changes to the terms and conditions.

14. INVALIDITY

If a competent judicial, administrative or arbitral tribunal finds any provision of these conditions to be invalid or unenforceable, that provision and other provisions shall be valid and enforceable to the extent permitted by applicable law. Provisions declared invalid or unenforceable shall be replaced by relevant legal advice.

15. APPLICABLE LAW AND DISPUTES

15.1
Disputes shall first be settled by agreement after discussion with EssentiArts customer service.

15.2
If the dispute cannot be resolved in agreement with EssentiArts customer service, you can file a complaint directly online via the European Commission’s platform for mediation in disputes, which can be found at the following link http://ec.europa.eu/consumers/odr. If you file a complaint via this platform, your case will automatically be forwarded to the appropriate national conciliation body. The conciliation body then contacts us and tries to resolve the dispute without involving the courts. EssentiArts follows the decision taken by the appropriate conciliation body.

________________________________________
These conditions of purchase were set by EssentiArts on 26/02/2024