terms & CONDITIONS

 

Article 1

Definitions

1.1 Ohi di Filippo Imbrighi & C. sas Having its registered office in Rome, Italy, and registered at the Italian Chamber of Commerce (Ohi di Filippo Imbrighi & C. P. IVA - CF - Reg. imprese di Roma: 12569631000 - cap. soc.: Euro 2.000 i. v. - numero REA Roma 1384732)

1.2 Customer: a natural or legal person who enters into an agreement with Ohi di Filippo Imbrighi & C.

1.3 Consumer: a Customer as meant in article 1.2, who is not acting in the exercise of profession or company. 

1.4 Website of Filippo Imbrighi Artist of Ohi di Filippo Imbrighi & C.: the website Filippo Imbrighi Artist of Ohi di Filippo Imbrighi & C. among others to be reached through www.filippoimbrighi.com. 

1.5 Products: the most comprehensive definition of a product or case, definitely including, although not exclusively, to say: artwork, art prints, collection of prints, books, posters, other merchandise and other goods. 

1.6 Agreement: a distance contract, whereby Customer via a by Ohi di Filippo Imbrighi & C. organised system for distance sales of products at Ohi di Filippo Imbrighi & C. and whereby up until the closing of an agreement exclusively one or more techniques for distance communication are used.

1.7 Reflection time: a time during which a Consumer has the option to bring about the resolving of the purchase, via right of withdrawal. 

1.8 Right of withdrawal: the option for a Consumer to – after receipt of the ordered Product(s) to return these Products to Ohi di Filippo Imbrighi & C. within the reflection time and get their purchase price back.

Article 2

General provisions

2.1 These terms apply to all offers and to all agreements (distance contracts) of Ohi di Filippo Imbrighi & C. that extend to the sale of Products. 

2.2 The possible by Customer used purchase terms, are explicitly rejected and therefore not apply to agreements entered into with Ohi di Filippo Imbrighi & C.. 

2.3 In case one or more provisions in these general terms completely or partially are null and void or are allowed to be declared null and void, the other general terms will remain completely applicable. 

2.4 In these general terms, the word ‘ in writing’ can also be classified as documents produced in writing that will be sent via electronic ways, definitely including e-mail and faxed documents. 

2.5 The content of this website as well as the content of all other expressions of Ohi di Filippo Imbrighi & C. on the internet has been composed with the greatest care. However, Ohi di Filippo Imbrighi & C. cannot provide any guarantees concerning the nature, correctness or content of this information. Ohi di Filippo Imbrighi & C. is not liable for possible occurring errors or inaccuracies, or for the results of the use of the information concerned.

Article 3

Offers

3.1 Product specifications are mentioned as well as the price of the Product including VAT are mentioned with the Products offered on the Filippo Imbrighi website. Shipping costs are displayed before or after the realization of the agreement. 

3.2 Products offered on the Filippo Imbrighi - Ohi di Filippo Imbrighi & C. website contain an as accurately as possible and truthful description and/or image of the offered Product. 

3.3 In case the descriptions and/or images as described in article 3.2 turn out differently in reality, Ohi di Filippo Imbrighi & C. is not liable to compensation towards the Customer in any way. The Consumer at all times reserve their right on withdrawal as determined in article 6.1. 

3.4 Ohi di Filippo Imbrighi & C. provides the Customer with information about the expected delivery time of the Product; this term is only an indication. 

3.5 Possible import duties due are always for account of the Customer.

Article 4

Realization of an agreement

4.1 Agreements come about after the Customer has accepted an offer or quotation issued by Ohi di Filippo Imbrighi & C. and Ohi di Filippo Imbrighi & C. agreed to this acceptation. 

4.2 An agreement also comes about in case Ohi di Filippo Imbrighi & C. proceeds with the delivery of Products to the Customer, after a Customer placed an order via the Filippo Imbrighi - Ohi di Filippo Imbrighi & C. website. 

4.3 Ohi di Filippo Imbrighi & C. is always free to – without statement of reason – not agree upon an offer made by a Customer. In the event that the Customer already made payment to Ohi di Filippo Imbrighi & C., Ohi di Filippo Imbrighi & C. will reimburse this amount to the Customer immediately after the refusal.

Article 5

Delivery

5.1 After the realization of an agreement, Ohi di Filippo Imbrighi & C. will offer the ordered Products for transport. The costs of the transport are displayed during the realization of an agreement. 

5.2 Delivery of the order proceeds on the paved road in front of the first door on ground level, unless otherwise agreed upon (in writing) between Ohi di Filippo Imbrighi & C. and the Customer. 

5.3 After an agreement between Ohi di Filippo Imbrighi & C. and the Customer has come about, the Products ordered by the Customer will be delivered by Ohi di Filippo Imbrighi & C. as soon as possible. 

5.4 In case Ohi di Filippo Imbrighi & C. is not capable to deliver the Product(s) ordered by the Customer within thirty (30) days, a Consumer can resolve the agreement.

Article 6

Return of Products

6.1 After receipt of the ordered Product(s), Consumer has fourteen (14) days to – on grounds of their Right of withdrawal – return the ordered Product(s) to Ohi di Filippo Imbrighi & C., provided that they are unopened and undamaged, without statement of reasons.

6.2 After receipt of the Product, Ohi di Filippo Imbrighi & C. will reimburse the invoice value of the Product to the Consumer, within thirty (30) days.

6.3 In case a Consumer uses their Right of withdrawal, the risk of the shipment and the shipping costs will be for account of the Consumer.

6.4 From the moment of receipt of the Product(s), Consumer needs to take all appropriate measures to prevent damage to the Product and/or packages.

6.5 Damaged products will never be taken back by Ohi di Filippo Imbrighi & C..

6.6 The Consumer cannot make their Right of withdrawal valid in case the ordered Product: has been manufactured to personal preference and specifications of the Customer or is clearly personalized; by reason of its nature, cannot be returned; or declines or expires rapidly; of audio or video recordings or computer software if the buyer has broken their sealing; of newspapers and illustrated magazines.

Article 7

Guarantee

7.1 The Customer needs to check the delivered Products immediately after receipt. Possible defective Products need to be reported to Ohi di Filippo Imbrighi & C., within a term of seven (7) days at the latest.

7.2 In case Ohi di Filippo Imbrighi & C. declares the complaints as justified, the Customer will be offered repair, a replacing Product or reimbursement of the invoice value of the Product.

7.3 The Customer has no right on Guarantee as described in this article in case conclusion is made that the defect to the Product is caused by the Customer.

Article 8

Price & Payment

8.1 Product specifications as well as the price of the Product including VAT are mentioned on the Filippo Imbrighi website. Shipping costs are displayed before or during the realization of the agreement.

8.2 Payment needs to be settled during the realization of an Agreement.

8.3 Customer needs to report possible inaccuracies in the invoicing to Ohi di Filippo Imbrighi & C. immediately, after which Ohi di Filippo Imbrighi & C. will correct the amount.

8.4 Inaccuracies in the invoicing do not relieve the Customer from any payment obligations or any other obligations reported in these terms.

Article 9

Retention of title & Intellectual property

9.1 The Products delivered by Ohi di Filippo Imbrighi & C. will remain property of Ohi di Filippo Imbrighi & C. until the moment Customer has well-followed up on all the obligations from the agreement closed with Ohi di Filippo Imbrighi & C.. 

9.2 In case Ohi di Filippo Imbrighi & C. appeals to retention of title, the relevant closed agreement will be considered resolved, without prejudice to the right of Ohi di Filippo Imbrighi & C. to claim compensation of damage, lost interest and interest. 

9.3 The content of the Ohi di Filippo Imbrighi & C. website, including, but not limited to: the texts, images, design, brands and domain names, are property of Ohi di Filippo Imbrighi & C. and are protected by copyright and intellectual or industrial property right that exists under the applicable law. Users of the website are not allowed to duplicate or place the website or any part of it at someone’s disposal, without permission of Ohi di Filippo Imbrighi & C..

Article 10

Force Majeure

10.1 Ohi di Filippo Imbrighi & C. is not held to follow up on any obligations towards the Customer if they are restricted in that as a result of circumstances for which they cannot be blamed by law, nor by virtue of the law, an act in law or traffic notions. 

10.2 During the period the force majeure lasts, Ohi di Filippo Imbrighi & C. can hold the obligations from the agreement in abeyance. In case the force majeure lasts longer than a period of thirty (30) days, the Customer as well as Ohi di Filippo Imbrighi & C. are entitled to resolve the agreement, without any obligation to reimburse damage suffered by the other party.

Article 11

Liability

11.1 In the event that Ohi di Filippo Imbrighi & C. is held liable, every liability is limited to – maximum- the invoice value of the agreement, at least to that part of the agreement the liability relates to. 

11.2 Ohi di Filippo Imbrighi & C. is only liable for immediate damage. With immediate damage is exclusively meant:

– The reasonable costs, to determine the cause and the size of the damage, for as far as the determining relates to damage in the sense of these terms.

– The possible reasonable costs made to have the deficient performance of Ohi di Filippo Imbrighi & C. answered to the agreement, for as much as they can be imputed to Ohi di Filippo Imbrighi & C.

– Reasonable costs, made to prevent or limit damage, for as far as Customer demonstrates that these costs have lead to limit immediate damage as meant in this article. 

11.3 Ohi di Filippo Imbrighi & C. excludes every liability for indirect damage suffered by the use of products supplied by Ohi di Filippo Imbrighi & C., with the exception of situations in which the damage can be directly blamed to wilful intent or gross negligence on the side of Ohi di Filippo Imbrighi & C., its management and/or managing staff. 

11.4 Ohi di Filippo Imbrighi & C. in any case is never liable for the following loss items: Consequential damage, loss profit, lost savings and damage by business interruption.

Article 12

Applicable law and litigations

12.1 Italian law exclusively applies to all legal relations Ohi di Filippo Imbrighi & C. is a party in. The applicableness of the CISG is excluded. 

12.2 The Customer and Ohi di Filippo Imbrighi & C. will not appeal to a Judge until after they have done the utmost to settle a dispute in mutual consultation. 

12.3 Unless otherwise determined by rules of mandatory law, firstly the Judge in Rome, Italy, is entitled to be informed of differences between Ohi di Filippo Imbrighi & C. and the Customer.