Refund and Returns Policy
Terms and conditions
This document contains the general terms and conditions of use of the cristieboff.com website which offers the sale of works of art certified by the artist provided by the owner of the Application
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
- Owner: Cristie Merlin Boff, Via del Bobolino 3 50125 Florence, C.F. MRLCST76S58Z602U, certified email address crisite @ cristieboff @ com
- Application: the cristieboff.com website
- Products: tangible products sold by the Owner
- User: any person who accesses and uses the Application
- Consumer User: the physical person of legal age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity that may be carried out
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.
Scope of the Conditions
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other notes, legal notices, information published or referred to therein, he will not be able to use the Application or the related services.
The Conditions can be changed at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference.
The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User , where necessary, the relative instructions.
Purchase through the Application
All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are allowed to Consumer Users.
Purchases are allowed for natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by parents or parental responsibility operators.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User’s order without the latter being able to object or complain for any reason and / or title.
The contract for the sale of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which will contain the date of the order, the User’s data, characteristics and availability. of the Product, the price or the method of calculating the price, any additional charges and accessory taxes, the delivery address, the delivery times and any costs, the methods for exercising the right of withdrawal or its possible exclusion and guarantee. The contract for the sale of the Products is not considered effective between the parties in default of what is indicated in the previous point.
In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, its confirmation and the Conditions.
Prices and payments
For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary in relation to the destination, the delivery method chosen and / or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all necessary data that may be requested.
The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).
Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be held responsible in any way.
The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing the Holder every full indemnity in this regard.
Methods of delivery of material Products
The tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the deadline chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment of taking charge of the courier.
In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.
If the User does not intend to accept the new deadline or the delivery has become impossible, he / she may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase no later than 14 days from the date on which the Holder became aware of the refund request.
Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and / or the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection about the external characteristics of the Products delivered.
The Owner 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 due to force majeure.
Right of withdrawal of Users from the purchase of material Products
The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address firstname.lastname@example.org, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14-day deadline for exercising the right of withdrawal starts from the day the last Product was received.
In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract.
The User will only bear the direct cost of returning the Product, unless the Owner has declared to be responsible for it.
In case of withdrawal exercised correctly, the Holder will reimburse the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he / she wishes to withdraw from the contract.
The Owner is not required to reimburse the delivery costs, if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, , etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.
Cases of exclusion of the User’s right of withdrawal
The right of withdrawal from the contract of sale or supply of the Products by the User is excluded in relation to:
to the supply of Products whose price is linked to fluctuations in the financial market that the Owner is unable to control and which may occur during the withdrawal period
- to the supply of tailor-made or clearly personalized products
- to the supply of Products that risk deteriorating or expiring rapidly.
This category includes all food products (including beverages) whose characteristics are subject to alteration also as a result of inappropriate storage.
- to the supply of sealed Products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery
- to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
- to contracts in which the User has specifically requested a visit by the Owner or a professional appointed for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of this visit, the Owner or a professional in charge provides services in addition to those specifically requested by the User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or additional goods
- to the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery
- to the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
- to contracts concluded at a public auction
- to the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of execution
For more information, contact the Data Controller at the e-mail address email@example.com.
Optional form to exercise the right of withdrawal
The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address firstname.lastname@example.org before the withdrawal period expires:
I hereby communicate my withdrawal from the sales or supply contract relating to the following product __________
Ordered on: _______
Name and surname: _______
E-mail associated with the account from which the order was placed: ____________________
Guarantee of conformity of material Products for Consumer Users
Consumer Users are granted the guarantee of conformity, provided for by Articles. 129 and following of the Consumer Code, for all tangible Products sold through the Application, except for the cases of exclusion provided for in Article 128 of the Consumer Code.
The Owner is responsible to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery as it is assumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature the lack of conformity.
If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail address email@example.com.
The Owner will promptly reply and indicate to the Consumer User the procedure to follow.
For anything not provided for in this clause, articles 128 to 135-septies of the Consumer Code and the articles of the civil code regarding the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damage.
Creative Commons license
The Contents and / or materials available on the Application are made available on the basis of the terms of this license “Creative Commons Public License CC BY-NC 4.0 IT” (hereinafter “License”). The Contents and / or materials available on the Application are protected by copyright, by other rights attributed by copyright law (related rights, database rights, etc.) and / or by other applicable laws. Any use of the contents and / or materials available on the Application that is not authorized under the License and / or other applicable laws is prohibited.
The Owner grants the User the rights listed below on condition that he agrees to abide by the terms and conditions of the License.
The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, act, transform the contents and / or materials available on the Application by any means and format, but not for commercial purposes, provided that it is recognized. authorship and the User provides a link to the license and indicates if any changes have been made. The full license can be consulted at this address: https://creativecommons.org/licenses/by-nc/4.0/legalcode.it
The Application is provided “as is” and “as it is available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never break or it will be error free or it will be virus or bug free.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
Limitation of Liability
The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges. incurred.
The Data Controller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, cardholder name, password, etc.)
The Owner will not be responsible for:
- any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
- the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry
In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. .
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
Link to third party sites
The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.
Applicable law and competent court
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User. Consumer to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19 and 20 of the civil procedural code.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
Online dispute resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/