Terms and Conditions of Sale

General Terms and Conditions

The following General Terms and Conditions govern the offer and sale of products on our web site ("artemest.com" or "Site"). Please read these terms and conditions carefully before ordering any products: indeed, by ordering any of our products, you agree to be bound by these terms and conditions. The products purchased on artemest.com are directly sold by ARTEMEST S.r.l. ("ARTEMEST") (hereinafter referred to as the "Vendor" or "We" or "Us"). ARTEMEST has its registered office in Milan (20144 –Italy), Via Savona 97, number of registration at Milan Register of Companies and VAT number 08791160966, share capital of Euro €433.631,40. The business office is in Milan (20144 – Italy), Via Savona n. 97.

If you need any assistance, go to the Customer Care area, where you will find information on orders, shipping, complaint handling, refunds and returning products purchased on artemest.com, as well as other general information on the services provided by artemest.com. Remember that you can always contact our Customer Care by e-mail: [email protected].

1. Our Business Policy

1.1 These General Terms and Conditions apply to all services offered by Vendor through the Site and the purchase of any of the products offered on the Site ("Products") to “consumers”, namely individuals acting with purposes that do not relate to any commercial, business, trade or professional activity they may perform (the “Customer”).

1.2 If you are not a consumer, please refer to our Terms and Conditions for business clients.

1.3 The offer and sale of the Products relates only to those countries listed in the List of Countries on the relevant page of the Site, which can be reached via the home page.

1.4 The Vendor reserves the right not to process any order which does not comply with the Vendor's business policy.

1.5 These General Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on artemest.com between the users of artemest.com and the Vendor.

1.6 The Vendor reserves the right to amend General Terms and Conditions of Sale from time to time, although no such change will affect any order the Customer has already placed with Artemest. Eventual amendments and/or new conditions will be in force since their publication on the Site. For this purpose, the Vendor kindly invites the Customers to access the Site regularly and verify the publication of updated General Terms and Conditions.

1.7 The applicable General Terms and Conditions of Sale are those in force and effect at the time Customer places the order of a product.

1.8 Customer acknowledges that the continued use of the services of the Site after the effective date of any notice provided pursuant to the previous paragraph shall demonstrate Customer’s willingness to accept and be bound by the General Terms and Conditions of Sale as updated from time-to-time.

1.9 If the Customer seeks to no longer be bound by the General Terms & Conditions, or any updated versions of the same, then Customer shall provide Vendor with written notice of Customer’s intent to no longer be bound by such General Terms and Conditions by either registered mail with acknowledgment of receipt or by e-mail.Notice will be effective 14 days' following the date affixed to the envelop if by mail or 14 days' following the date of email dispatch.

1.10 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on artemest.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of artemest.com and third parties.

2. Registration

2.1 In order to benefit of services and purchase one or more Product it is necessary to register to the Site and create an account. The non-acceptance of General Terms and Conditions or reservation of rights by Customer entails the lack of possibility to register to the Site.

2.2 The registration to the Site is free. In order to register, the Customer has to fill in the registration form, with name, surname, e-mail address and a password (hereinafter 'Registration Credentials'). The registration is confirmed by an e-mail sent to the address provided by the Customer.Vendor hereby expressly disavows any extraneous terms and conditions set forth in any emails sent by Customer to Vendor.

2.3 The Registration Credentials shall be used exclusively by the Customer and cannot be assigned to third parties. The Customer must inform Vendor without delay in case of suspected misused of the Registration Credentials. The Registration Credentials may be modified by the Customer at any time accessing the Site at the area dedicated to the user profile.

2.4 The Customer represents and warrants that the information provided by Customer during the registration procedure of Customer’s Registration Credentials are complete, correct and true. The Customer accepts to hold Vendor harmless from any liability obligation, penalty arising and/or in any way connected to the violation by the Customer of the rules regarding the registration to the Site. The Customer is exclusively responsible for the access to the Site with the Registration Credentials and is liable for any damage or detriment caused to Vendor or to third parties by an inappropriate use, lack, misappropriation by third parties or failure to protect an adequate secrecy of his own Registration Credentials. All the operations carried out under the Registration Credentials are deemed made by the Customer to whom the Registration Credentials refer.

2.5 Customers are allowed to have only one registration. Multiple registrations will be deleted.

2.6 Vendor reserves the right to refuse the registration of any user and/or to block the account of any Customer and/or not to accept orders coming from any Customer who acts in violation of these General Terms and Conditions or the applicable law or for security reason.

2.7 Subject to Paragraphs 1.9 and 1.10 above, Customer can cancel user’s registration with immediate effect, by sending an e-mail to [email protected]

GENERAL CONDITIONS OF SALE

3. How to Execute a Contract with the Vendor

3.1 To place an order for the purchase of one or more products on artemest.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.

3.2 The order form contains information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs.

3.3 Before submitting the order form, you will be asked to identify and correct possible input errors. 

3.4 Please carefully read these General Terms and Conditions of Sale before proceeding with your order. To submit an order form, you shall agree and accept these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on artemest.com.

3.5 An order shall be deemed to have been submitted and concluded when the Vendor, after having received your order form electronically and having verified as correct the order information, send you a confirmation email.

3.6 The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Account.

3.7 The language used for executing contracts with the Vendor might be English, Italian, French, German or Spanish.

3.8 After your order form has been submitted, the Vendor will process your order.

3.9 Upon submission of an order form and acceptance of the same by the Vendor, the Vendor shall send you a purchase order confirmation by e-mail, containing a summary of the information related to the order form (the products' main characteristics, detailed information on the price, the payment method used, how to exercise the right of withdrawal, shipping costs and any additional costs, as well as reference to the customer care service and how to contact ARTEMEST. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium).

3.10 The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, the Vendor shall inform you that the contract has not been concludedspecifying the reasons thereof.

The Vendor shall inform you of the unavailability of the ordered products as soon as possible and in any case within fourteen (14) days from the day after Vendor has received your order. If the price has been paid for Productsthat are no longer available, the Vendor will refund the amount paid for those items without undue delay.

The Vendor is also entitled to reject an order proposal in case of obvious price's error, or in case the Vendor suspects illegal or fraudulent activity or in case of noncompliance with these General Terms and Conditions of Sale.

3.11 You have the right to cancel an order within 48 hours after you receive the order confirmation's email. Should you wish to cancel your order you will be required to send an email to [email protected] or contact our customer service team within the above term. The Vendor will refund the total price paid within fourteen (14) days of receipt of your cancellation request. This right does not in any way affect your right of withdrawal as per art. 8.

4. Guarantees and Product Price Indication

4.1 On artemest.com, we only offer products from selected suppliers and artisans.

4.2 The main characteristics of products are shown on artemest.com on each product page. The products offered for sale on artemest.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.

4.3 The Customer will be charged the price of the Product indicated on the Site when the order is placed. Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.

4.4 Orders made from a Country site different from the one you are shipping to, or to addresses to which the Vendor cannot ship, will be automatically cancelled.

4.5 The delivery cost is explicitly indicated. This amount will be highlighted separately on the order form and on the order confirmation email.

4.6 All Products sold by artemest.com will be delivered in their original packaging. When trying on the products you should not damage the original packaging of the purchased products should you wish to return the purchased product.

4.7 As a Consumer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us. In particular, if a product sold by the Vendor has manufacturing defects or in any case of alleged lack of conformity of the products sold by the Vendor, you must immediately contact our Customer Care by email [email protected] or via our contact page.

4.8 All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by the applicable law (24 months in Europe). You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Customer Care. You have the right to have the products brought into conformity, free of charge, by repair or replacement (provided that you are entitled to select whether having the product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above (according to applicable law), to have an appropriate reduction in the price of the products, or the contract cancelled. In any event, actions intended to assert a lack of conformity not maliciously concealed by the Vendor shall automatically lapse 26 (twenty-six) months after the delivery of the products.

4.9 In the event that you are seeking the product to be repaired or replaced due to lack of conformity pursuant to this Section 3, delivery costs for returning the product to be repaired or replaced shall be borne by the Vendor, as well as any costs related to the delivery to you of the repaired or replacing product.

4.10 Procedure to be followed by you to return the product to be repaired or replaced is the same as set forth at clause 7, except for the different timing possibly provided in the present clause.

5. Payments

5.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.

5.2 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Braintree and Stripe or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the authorities. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account at the order confirmation.

5.3 In case of payment by bank transfer, the order shall be confirmed once the transfer has been received in cleared funds by the Vendor.

6. Shipping and Delivery of the Products

6.1 Purchased products shall be delivered to the address indicated by you in the order.

6.2 For each order, the Vendor shall invoice the purchased products by email or by post to you, pursuant to the applicable laws and regulations. The receipt and/or invoice will be based upon the information provided by you at the time of the order. No alterations to the receipt/invoice are possible after the receipt/invoice has been issued.

6.3 Delivery charges shall be borne by you and are indicated separately on the order form and invoice, unless otherwise provided.

6.4 INTERNATIONAL SHIPPING and IMPORT CHARGES: Orders shipped outside of the European Union may be subject to import duties. Artemest pre-pays duties for all orders shipping to the United States, Canada and UK. In addition, according to local regulations we are currently collecting Sales Tax in certain states. In such case, import charges will be calculated and added or included in the final price when you place the order.

Orders shipped outside EU, UK, USA or Canada may be subject to import taxes.

As soon as the items arrive at the destination, sales tax on imports as well as customs duties and handling costs will be determined by the respective customs office.

In such cases you will be fully responsible for paying all applicable import charges directly to the relevant authority (and for reclaiming them in the event of a cancellation or a return of Products, to the extent permitted in these General Terms and Conditions) as determined by the authorities of the delivery destination, and neither Artemest nor the logistic partner shall have any responsibility or liability in connection with the foregoing.

The Vendor's shipment partners may contract with a local licensed customs broker in the destination. Agreement to these General Terms and Conditions serve as an authorization for the applicable customs broker to act as your agent to: (i) conduct transactions with the local applicable authority, (ii) complete, submit and execute related documents on your behalf in connection with the import of Products in your order, (iii) facilitate the payment of applicable import charges; and (iv) if applicable, return such Product to us (subject to these General Terms and Conditions). However, you acknowledge that, in the case of a return of Product, you (and not the Vendor, the logistic partners or anyone on their behalf) will be fully responsible for claiming back such import charges from the applicable tax authority to the extent possible, and neither the logistic partner nor the Vendor shall have responsibility or liability in connection with such claim.

Moreover, if you fail to pay import charges without reasonable reason causing the liability to fall on Artemest, our logistic partners or the carrier, the liability amount of import charges may be deducted from any refund or other amounts you may claim, to the extent permitted under applicable law.

If you failed to pay Import Charges or refused to accept Products otherwise than in accordance with the return procedure under these General Terms and Conditions (including not providing the documentation required by Customs), in each case resulting with the Products being returned or needing to be returned, then you may be liable for the return delivery costs and may not be reimbursed or refunded for delivery costs paid by you for making the delivery to you. We may also charge you with additional direct or indirect charges resulting from said failure or refusal, to the extent permitted under applicable law.

For more information on customs duties and taxes in your destination country or if you have any questions, please contact our Customer Care team at: [email protected] or via phone or contact page, as set in the premise of these General Terms and Conditions.

6.5 The purchased product shall be delivered by a courier service selected by the Vendor (hereinafter, “Courier”); the purchased products will be delivered on working days (thus excluding Saturdays, Sundays and local or national holidays) within the term indicated during the check out process. In case of failure to indicate a specific delivery term, it will take place within thirty (30)days from the day after the day in which the order has been placed.

6.6 Delivery is deemed completed when the Product is made available to the Customer at the address specified in the order form.

6.7 At the time of delivery of the purchased products by the Courier, you (or a nominated representative) is required to verify:

- that the number of items being delivered corresponds to that indicated on the delivery note; and

- that the packaging and its seals are intact, undamaged, not wet or altered in any manner.

6.8 Any damages to the packaging and/or the product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by you, you may not make any objection to the exterior characteristics of the delivered parcel.

You shall verify as soon as possible if the products received are incorrect (i.e., all or part of the goods delivered does not correspond to what was ordered) and/or incomplete (i.e. the contents do not include part of the goods ordered e.g., a plate is missing or has broken in transit). Without prejudice to the provisions of Article 4 above, we kindly ask you to report to us any discrepancies detected within 2 business days after receipt of your order.

Your failure to report this within 2 business day days of receipt of the order shall be equivalent to its full acceptance.

Each report shall include evidence of such discrepancies.

7. Customer Care

Please contact our Customer Care for further information by email: [email protected] or via phone or contact page, as set in the premise of these General Terms and Conditions.

8. Consumer Rights and the Cooling-Off Period- Right of withdrawal

8.1 If you are a Consumer, you may cancel your contract with the Vendor in relation to products purchased from artemest.com, without any penalty and without specifying the reason, by notifying the Vendor in writing within fourteen (14) calendar days, beginning on the day you receive the products. In this case you will receive a full refund of the price of the products in accordance with this Clause 8.

8.2 You should return the products to the Vendor within fourteen (14) calendar days from the date you notify the Vendor of the return intention, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession.

8.3 To return the products:

- you should notify us in writing within fourteen (14) calendar days, beginning on the day you receive the products (or for purchases of multiple products, the day on which you received the last product) by contacting our Customer Care. Alternatively, you can fill in the withdrawal form as per the following example and send it to us:

E-Mail: [email protected]

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),

_________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________

Name of consumer(s)

________________________________________________________

Address of consumer(s)

________________________________________________________

Signature of consumer(s) (only if this form is notified on paper)

_________________________

Date

(*) Delete as appropriate

- you should keep a record of your cancellation notice;

- the products shall not have been used or damaged;

- the products shall be returned in their original packaging, which is an integral part of the products. You shall return the Products using a carrier of your choice and at your own expense, within 14 days from the date of communication of the cancellation. The costs and risks associated with returning the Products are borne by the Customer;

- products shall be returned to the Vendor within fourteen (14) calendar days of the date you notify us of your decision to cancel.

8.4 In case of exercise of the right of withdrawal, Vendor shall refund the Customer the full amount paid for the returned Products, including shipping expenses, if any, within 14 days from the date in which the notice of cancellation was received. The Vendor reserves the right to withhold the reimbursement until he has received the good backand upon verification of its integrity. The Vendor will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8.5 The Vendor will refund the price of the product in full. You will be responsible for the cost of returning the products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.

8.6 You can return the products to the Vendor by packaging the relevant products securely and sending them, at your own risk and cost, to the Vendor using your return number (as provided via the online Return Form). You are required to share the tracking number of the shipment with us.

Alternatively Artemest might help you in returning the Products with a pre-paid mechanism and approved courier (a fixed commission for such service is applicable). Please contact us at [email protected].

8.7 The right of cancellation is subject to the following conditions:

- The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased Product.

- In addition the right of withdrawal is excluded in the following cases (and in all other cases provided for under article 59 of the Consumer Code):

- orders of tailored or clearly personalized Products (e.g. wallpaper);

- orders of sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

8.8 Many of the items sold on www.arteme​st.com are made especially for you after you place your order. No returns or exchanges will be accepted on the following items, exceptions are indicated on each product page. For example, sales of the following items are considered final:

- Customized items

- Made to Order items

Specific policies will be indicated on each product page.

9. Ranking of displayed Products and Reviews

9.1 When you enter a search query or you browse product categories on the Site, search results display product listing according to a specific ranking defined beforehand by the Vendor.
Such rankings are built in the following way:

- "Sort by curated" (default): this listing is reviewed with the ultimate goal of showing the best product selection to our users.

The criteria in use, in order of relevance, are:

• Premium artisans’ products. Premium artisans pay a subscription to Artemest: higher visibility of their products is one on the benefits of the program;
• Availability or Quickest lead time: products which are immediately available to be shipped or with shorter production time are displayed first;
• New arrivals.

- "Sort by fast shipping": Products are shown according to their availability/ lead time, with Products immediately available for shipping or having shorter lead time being privileged and shown first;

- "Sort by Price": the Products are shown according to their price (low to high or high to low depending on your selection);

- "Sort by New Arrivals": the Products are shown according to uploading date on the website.

You may at any time decide to switch your sorting preferences via selecting a different ranking criterion via the dropdown menu.

9.2 Each Product's web page allows you to access our customer reviews. These reviews are hosted on a third-party website and handled by the same, Trustpilot Inc.. Trustpilot Inc. operates as described in the report available at the following link: https://www.trustpilot.com/trust/how-reviews-work.

Please note that Artemest does not verify the authenticity of the reviews it receives. Therefore, we cannot guarantee that the reviews are from a customer who has purchased or used the reviewed product.

10. Contact

For further information and assistance on the methods of purchase online, You may contact the Vendor at the Customer Care by email: [email protected] as well as via phone or contact page, as set in the premise of these General Terms and Conditions.

11. Privacy

11.1 You will find information on how we process your personal data by clicking on Privacy Policy.

11.2 For further information on our Privacy Policy you can contact us at the Customer Care by email: [email protected]

12.Suspension Of Service

12.1 Vendor reserves the right to suspend temporarily, without any preventive notice, the provision of the Site and the services for the strictly necessary period for technical interventions deemed necessary and suitable in order to improve services quality.

12.2 Vendor may interrupt the provision of the service at any time, in case motivated security reasons or confidentiality violations occur, giving in this case communication to the Customer.

13. Site Contents And Intellectual Property Rights

13.1 Any contents of the Site, including, as a way of example, works, sounds and videos, images, pictures, dialogues, music, documents, drawings, figures, logos and any other material, in any format, are protected by copyright and by any other intellectual property right owned by Vendor and the other rights' owners. Reproduction, modification, duplication, copy, distribution, sale or any exploitation of images and of the Site contents is strictly forbidden, if not authorized in writing in advance by Vendor.

13.2 This Site is for personal non-commercial use only. The Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, software, products, or services contained within this Site. The Customer may not use this Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity.

13.3 All distinctive signs that characterise the products/services published on the Site are registered trademarks of the respective owners and are used by Vendor being owner and/or authorized licensee, only in order to distinguish, describe and advertise the products/services published/on sale on the Site.

13.4 Any usage of the abovementioned distinctive signs that does not comply with the law and that is unauthorized is prohibited. It is not allowed to use any distinctive sign available on the Site in order to take undue advantage by the distinctive signs themselves or by their reputation or in any way that may be detrimental for them or their owners.

13.5 Under no circumstances can the Customer alter, change, modify or adapt the Site, nor the material provided by Vendor. The Customer cannot bypass the technical limitations present in the software, translate, decrypt, decompile or disassemble the software, nor try to gain access to the source code of the software or to create derivative works based on the software, publish the software in order to consent to others to duplicate it, to rent, sub-license, financial lease or loan the software.

14. Errors and Limitation of Liability

14.1 Vendor cannot guarantee that the Site will operate continuously, without interruptions or without errors or malfunctioning linked to Internet connection. Although Vendor will try to do everything possible to ensure regular access to its Site, the dynamic nature of the Internet and its content may not allow the Site to operate without any suspensions, interruptions or discontinuity linked to updating the website.

14.2 Site does not make any representations, warranties or guarantee beyond what is granted with these General Terms and Conditions: it is understood that the Customer will use the Site under his full and exclusive responsibility and that the use of the Site must comply with all the instructions provided by Vendor.

14.3 Vendor does not grant in any way the accuracy and/or newsworthiness of the contents of the Site. Information relating to the Products provided through the Site are constantly updated. However, it is not possible to guarantee the complete absence of errors.

14.4 Vendor reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the customer under these General Terms and Conditions and the Consumer Code.

15. Governing Law and Competent Jurisdiction

15.1 These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts (Consumer Code) - and specifically “Capo I, Titolo III of Part III - and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.

The foregoing choice of governing law shall not have the result of depriving the Customer of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law of the country where the customer has their habitual residence.

15.2 The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded.

15.3 Any disputes arising from the interpretation, validity and/or execution of these General Terms and Conditions of Sales shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Consumer.

15.4 For customers’ who are not domiciled in a Member State of the European Union or the UK, the territorial jurisdiction is exclusively that of the Court of Milan (Italy), excluding any other competent court.

15.5 If there’s a dispute that the Vendor has been unable to resolve with you directly, EU resident customers can find more information about alternative dispute resolution via the European Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr). For more information, please contact our Customer Care team.

16. Amendments and updates

The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on artemest.com and shall therefore apply to orders submitted after that date.