Sales Conditions

Introduction

The following general terms of sale govern the contract of sale for products purchased on the website http://www.lartdevivre.it in accordance with the current regulations on electronic commerce and distance contracts.
By placing an order, the customer declares to have read and automatically, unconditionally, and entirely accepted all the information and general terms of sale and payment.
The buyer may contact the seller directly if they require any clarification on these matters.

No other general or specific terms of sale communicated by the buyer can be added to or deviate from these general terms

The customer selects and purchases the products offered online by viewing the technical, informational, functional, and descriptive specifications of each item. Consequently, the customer is solely responsible for the choice and suitability of the ordered product based on their own needs.

The product information sheets are provided by the manufacturing companies, and therefore, the seller is not responsible for any errors attributable to inaccuracies found in printed catalogs or on the manufacturers' websites.

Photographs and videos of the products are for reference and not binding; any discrepancies may be due to the customer's computer tools used at the time of website consultation.

Products are not delivered for trial purposes.

Seller company Information

• L’Art de Vivre S.n.c. di A. Barosio D. Tagliabue & C.

• Via Briantina angolo Via della Boschina

• 20831 - Seregno (MB)

• VAT: 03804390965

• Phone and fax: +39 0362 241176

• E-mail: onlinestore@lartdevivre.it

Prices

The seller reserves the right to change the prices of products displayed on the website at any time. However, the price of the product indicated in the order cannot be altered.
The price established at the time of purchase is fixed and final.

The prices of the products listed on the website are in Euros and are to be understood as retail prices, inclusive of VAT.

As for purchases made by individuals within European Union countries, the prices are inclusive of VAT.
For VAT-registered entities located in another EU member state (or identified there), an exempt VAT invoice will be issued after verifying the validity of the provided VAT number.
For customers outside the EU, in the case of a confirmed export supported by appropriate customs documents, a VAT-exempt invoice will be issued.
Customs duties, VAT, and other import taxes must be paid by the customer in the country where the delivery takes place, or the customs clearance costs can be paid directly to the carrier.
The customer is responsible for verifying the possibility of importing the ordered products in accordance with the laws of the delivery country.
Therefore, all import-related formalities are the customer's responsibility.

For the United Kingdom and Ireland only:
UK regulations regarding the fire resistance of introduced goods require upholstered products to meet more stringent standards than those in force in the rest of the European Union. Most of the upholstered products available on lartdevivre.it do not meet these standards. However, some manufacturers offer the possibility to create products compliant with these regulations. Therefore, we recommend customers to contact our customer service in advance to obtain additional information on the availability of such products, any additional costs, and the options available.

For the United States and Canada only:
It is our right to cancel orders that contain items potentially not meeting the requirements established by CARB2 regulations for the presence of formaldehyde in wood-based products or the CTB 117 2013 regulations for upholstered products.

Purchase and payment procedure

1. Register on the website https://www.lartdevivre.it
2. Fill out the electronic order form in its entirety. The total of the estimate is summarized in the order form, which the customer must confirm to conclude the contract. In the event of incorrect name and/or address, all costs related to recovery and reshipment of the purchased product are the responsibility of the customer.
   
   For every order, whether the cart has been compiled with the assistance of an operator or entirely by the operator without the customer's intervention, the responsibility for verifying the order details lies with the customer. The customer is required to carefully check the cart before submission (and is also obliged to verify the related order confirmation in cases where the entry is carried out by the operator at the customer's request). These customer checks are intended to ensure the correspondence between the configuration details of the ordered items and the customer's housing needs.
3. Submit the order form. By sending the order form, the customer commits to adhere to all the general terms of sale.
4. Make the payment.

Payment can be made in one of the following ways:

1.  by credit card
   the order is considered effective only after approval from the banking payment centers.
2. by advanced bank transfer 
   50% at the time of the order, balance before delivery. The order enters production only after confirmation of the initial advance payment by bank transfer, while order fulfillment occurs after confirmation of the final balance transfer.
   The customer can send the proof of the transfer to: amministrazione@lartdevivre.it.
3. by installment financing provided by Agos 
   The customer can view, upon request, the financing tables and the corresponding interest rates and choose the installment plan.
   Personal information is required to complete the contract. The order enters production only after Agos has approved the financing.

The contract is concluded when lartdevivre - online furniture receives the order form and the corresponding payment or deposit. 
Order validation constitutes an electronic signature, which holds the same value between the parties as a handwritten signature.
The online sales contract is deemed concluded in Italy and governed by Italian law.
In the event of any dispute or disagreement, and in the absence of an amicable agreement between the parties, the Monza Court has sole and exclusive jurisdiction.

Order changes and cancellation

The customer can make changes to the submitted order until the production of the purchased products begins (which occurs immediately after payment or deposit). However, the customer service is available to provide information on the order's progress and the possibility of making any subsequent changes.

In the event that an item requested is not available, it is the responsibility of the seller to promptly notify the customer.
The customer can then decide to cancel or modify the order. If the order is canceled, the amount paid will be refunded.
In the case of supplies consisting of multiple products, the non-availability of an item presupposes a refund of the amount paid for the portion related to the unavailable item.

For the allocation of Outlet products available as single units, in the case of simultaneous orders for the same item, priority is assigned based on the time of payment (not the order placement).

Orders for custom or bespoke products cannot be canceled at any time.

Billing information or the delivery address can be modified by sending an email notification before the shipping date.

Right of withdrawal

The customer has the right to withdraw from the contract and return the ordered products within 14 (fourteen) days from the date of delivery, without any penalty and without specifying a reason.

This right must be exercised, under penalty of forfeiture, by sending a registered letter to the address of the selling company, or by sending a written email communication, provided it is confirmed by registered letter within 48 (forty-eight) hours.

The consumer cannot exercise the right of withdrawal in the case of having purchased "goods made to measure or clearly personalized" (Article 59, 1st paragraph, letters c, d, and e of the Consumer Code) and "goods that are not prefabricated and are produced based on an individual choice or decision of the consumer" (Directive 2011/83/EU of the European Parliament).

The products visible on the website www.lartdevivre.it are made and customized in the finishes and materials requested by the buyer.

The right of withdrawal can only be exercised by the buyer with prior authorization from lartdevivreonline. All products intended for return must be in a resalable condition, perfectly intact, without signs of wear, and returned in the original packaging.

They must not have suffered any damage and must be perfectly clean. They must also be accompanied by all possible accessories, including instructions for use and maintenance, documentation, and attachments.

The return costs are entirely the responsibility of the customer.

The seller undertakes to refund the amount paid within 30 days from the receipt of the withdrawal notice.

In the case of a purchase through financing, the customer must promptly inform Agos of their decision to exercise the right of withdrawal in order to cancel the financing arrangement. It is the responsibility of the seller to refund the amount paid directly to Agos.

Warranty and technical support

The seller ensures the best possible care in the interest of the client and in accordance with the applicable norms concerning Warranty Rights (Consumer Code).

All products come with a 24-month warranty against conformity defects from the date of sale indicated on the invoice, whereas for products invoiced to companies or individuals with a VAT number, the warranty is for 12 months.

Outlet products originating from trade fairs, photo sets, and the manufacturer's showrooms do not have a 24-month warranty because they are considered "used goods" by law, and they come with a 12-month warranty.

Products must be used correctly and require proper maintenance.

It is the customer's responsibility to request from the seller the usage and maintenance procedures for the products if those provided in the information sheet accompanying the product are not sufficiently explanatory and comprehensive.

In the event of a warranty-covered product breakage, it is the customer's responsibility to properly package the product or any defective or damaged parts in the original packaging and bear the transportation costs.

Replacement times are typically the same as production times since these are products made to order.

However, the costs of repair and reshipment are the responsibility of the seller.

Regarding the purchase of appliances, warranty assistance is provided by the manufacturer through its own customer service, both in Italy and abroad.

It is possible to avail of the warranty on our products if they have:

- manufacturing defects that do not allow normal use of the product, such as breakages or malfunctions;
- non-compliance issues, meaning the product is different from what was agreed upon, lacks the characteristics viewed and described on our website.

It is not possible to avail of the warranty on our products if they have:

- defects resulting from use not consistent with the product type;
- defects resulting from reckless use of the products, including but not limited to, tampering, alterations, cleaning with unsuitable agents, etc.;
- defects resulting from normal wear and tear.
- defects resulting from incorrect assembly (if not performed by our assemblers).

Personal data handling

The selling company guarantees the protection of privacy. The seller is the data controller of the personal information collected at the time of registration on the website, as well as all information subsequently provided, which is necessary for order processing and management.

The personal data of the buyer, provided during the contractual relationship, is entered into a database owned by the selling company and is used solely for administrative purposes and legal compliance. Data collected for payment processing is managed directly by banks or financial institutions.

No collected data is communicated or disclosed to third parties unless required by legal obligations or necessary to fulfill the requested service or performance.

Electronic invoicing

Starting from January 1, 2019, it is mandatory to issue electronic invoices. After issuance, the invoice will be automatically sent to the Revenue Agency through the Exchange System (SDI).

During the order creation phase, it is necessary to provide the mandatory data for generating the invoice, including the tax code for individuals, VAT number, the recipient code, or PEC for companies.

The billing details entered during the order phase can only be modified until the actual issuance of the invoice, which occurs upon verification of the first payment.

Immediately after issuance, the invoice is transmitted to the SDI, which performs formal checks on the contained data and then sends the document in electronic format to the customer.

In the event the invoice is rejected or discarded, new data must be provided within 5 days of the notification. A rejected invoice is considered as "not issued," and lartdevivre.it is then required to request the customer to correct the data.

In case of no response or absence of new data, lartdevivre.it will proceed with the issuance of a fiscal receipt to record the received payment. In these cases, it will no longer be possible to issue the invoice.

Online dispute resolution platform (ODR) 

Customers are informed that, in accordance with Article 14 of EU Regulation No. 524/2013 and the resolution on ODR as set out in Statutory Instrument No. 500/2015 in force since February 15, 2016, an online platform for the resolution of ODR disputes arising from the online purchase of goods is available:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

More information about the platform can be found at the following link:

https://webgate.ec.europa.eu/odr/main/?event=main.about.show