These are our
TERMS AND CONDITIONS
The website www.yourhomeiswhereyourehappy.net is a platform for visual artworks made by independent musicians. It includes an online store which offers for sale a selection of original works and limited editions by the platform’s artists.
1. Legal Notices
The website www.yourhomeiswhereyourehappy.net (hereinafter referred to as the “Website”) is
– operated by: Davide Rufini Mastropasqua
– located at: Strassmannstrasse 6, 10249 Berlin, Germany
– tax number (Steuer Nummer): 14/500/02215
– intra-community VAT number: DE300654726
– contact: firstname.lastname@example.org / +49(0)15739455288
(hereinafter referred to as the “Company“).
The Company act on behalf of the artist or his/her publisher or representative (hereinafter referred to as the “Owner”) for sole purpose of the sale of their original artworks or editions (hereinafter referred to as the “Product/s”).
The purpose of these general conditions of sale is to define the terms of mail order between the Owner of the Product/s (represented by the Company) and any natural person, the Customer, purchasing via the Website (hereinafter referred to as the “Customer”).
Any order made on the Website establishes the creation of a contract remotely concluded.
Any order made on the Website builds up the formation of a contract concluded remotely between the Product/s’ Owner (represented by the Company) and the Customer. It necessarily implies the Customer’s acceptance of the general terms and conditions here presented, without restriction or reserve.
The Customer declared that he/she is at least 18 years old and has the legal capacity or has parental authorisation to make an order on the Website.
2. Origin, availability and conformity of items on sale
In most cases, the Products offered for sale on the Website come directly from either the Owner or the Company collection and are considered to be as new unless otherwise stated in the description.
The Products are offered for sale within the limits of available stocks. If a Product ordered comes to be unavailable, the Company informs the customer by email as soon as possible. The customer will have the possibility to have the Product replaced by another one of equivalent quality and price, or to cancel the order and to be refunded within 7 days following the cancellation.
The Products offered for sale are described and presented as accurately as possible. The photographs and the texts illustrating the Products have only an indicative value and do not enter the contractual field.
3. Prices and invoices
The prices mentioned on the Website are in euros and include all taxes (excluding shipping costs and possible import taxes). The price of each Product is set directly by the Owner. For each sale, the Company will issue an invoice on behalf of the Owner.
4. Shipping costs
Most of the Products will be shipped from Berlin, Germany, even if in few cases, the Owner could ship the Product/s directly from the country of his/her residency. The Customer undertakes to pay all taxes due on the import of Products (customs duties and other taxes due under the laws of the country receiving the order).
A single flat rate is added to the amount of the order whatever the number of items ordered:
– Germany : 9,50 euros
– Europe : 18 euros
– Rest of the world : 25 euros
In few cases, depending on special conditions, weight, value and destination, shipping cost of the item could change.
5. Payment methods
Payments can be made by credit card via the secure payment platform Paypal or by bank transfer.
The Website uses the Paypal security service for payments by credit card, the confidential data relating to this means of payment are not accessible by the Company, but managed directly by the security service.
The Company has not access to the Customer’s banking information.
As regards payment by bank transfer, it must be issued in euros to:
Account: Davide Rufini Mastropasqua
In case of payment by bank transfer, the order will only be processed upon receipt of the payment.
Any order implies express and irrevocable acceptance, by the Customer, of the prices and descriptions of the Products available for sale, as well as of the present conditions. After validation of the order, the Company sends to the Customer an email of confirmation to the address indicated during the order. The Company reserves the right to cancel any order from a Customer with whom there is a dispute relating to a previous order.
When registering her/his personal information, the Customer must ensure the accuracy of the mandatory data provided. In the event of error in the wording of the coordinates of the recipient, the Company could not be held responsible for possible errors or delays in delivery.
Reception and confirmation of the order’s payment:
– the order will be prepared as soon as possible (usually 3 to 4 working days after reception of your payment);
– entrusted to one of these service providers (if the Product is located in Berlin): Deutsche Post, DHL, Hermes, UPS;
– in case of unusual delay in the preparation of your order our customer service will contact you by email or phone;
– proofs of shipment and tracking numbers for parcels will be communicated to the Customer by email;
– the Company is not responsible for the delay of the parcels once they have been entrusted to the courier.
– the condition of the parcel should always be checked on arrival.
The Customer has 48 hours to make any reservations to the courier in case of damage.
8. Withdrawal and return
The Customer has a period of 14 clear days from receipt of the order to exercise her/his right of withdrawal without having to justify her/his reasons, nor to pay penalties, except for the cost of return. If the 14-day period expires on a Saturday, Sunday, public holiday or day off, it is extended until the first following working day. In the event of exercise of the right of withdrawal, the Company refunds the Customer of the totality of the sums paid as soon as possible once the returned Product is received, and at the latest within 30 days following the date on which this right was exercised.
As from the date of reception of her/his order, the Customer has 18 days to return a Product (the 14 days of the right of withdrawal included). After this period, the delivered Products will be deemed to be in conformity and accepted by the Customer, and the Company reserves the right to refuse the exchange, the credit note or the refund.
The article must be returned in the state and in its original packaging by registered mail with acknowledgement of receipt.
9. Responsibility and guarantee
The Company is responsible for any defects of conformity existing at the time of delivery of the Product. The Company is also responsible for defects of conformity resulting from the packaging. In the event of delivery of a nonconforming Product or in the event of delivery of a Product revealing a hidden defect, the Company is committed either to refund the Customer of the price of the Product, or to exchange the Product for another identical Product of equivalent quality and price according to the available stocks. Returning cost of the Product is at the Company expenses. These provisions are not exclusive of the right of withdrawal defined in article 8 hereof. Are excluded from guarantee the Products modified, repaired, integrated or added by the Customer or any other person. The guarantee will not apply to apparent defects. The warranty will not cover Products or services damaged during transport or misuse. The responsibility of the Company could not be retained in case of breach of contractual obligations due to a fortuitous event or a case of force majeure, as defined by the jurisprudence.
10. Intellectual property
All elements of the Website are protected by copyright, trademarks or patents. They are the exclusive property of the Company, the artists and publishers presented. Copyright of the Artworks remains the property of the Artist. Any reproduction, integral or partial is prohibited, even after the sale, except written authorization of the Company.
Some hypertext links can refer to external websites. The Company declines any responsibility in the case where the contents of these sites would contravene the legal and regulatory provisions in force.
11. Applicable law and jurisdiction
These general terms and conditions of sale are executed and interpreted in accordance with German law. In case of dispute, the Customer undertakes to contact the Company as a matter of priority in order to attempt to resolve amicably any dispute that may arise between the parties. In the absence of conciliation, the Berlin courts shall have sole jurisdiction.
12. Modification of general terms and conditions
The Company reserves the possibility of adapting or modifying at any time the present general terms and conditions. In case of modification, it will be applied to each order the general terms and conditions in force at the day of the order.