ÆMERGENT is the best option to show and sell your art
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Terms & Conditions
FOREWORD
ÆMERGENT is a digital platform for selling and promoting art, founded by Francesco Di Pardo in 2023.
E-mail: info@aemergent.com VAT number: IT16970491003.
ÆMERGENT works on www.aemergent.com, a Site that allows artists to sell their works, promote their art and join a network of international emerging artists. The GTC apply to all sales made through the ÆMERGENT platform.
ÆMERGENT acts as a platform and conduit between Artists and Buyers, and is not the owner or reseller of the works it publishes on the www.aemergent.com platform. Maintenance of the Site is the sole responsibility of Francesco Di Pardo and any contributors.
ÆMERGENT runs on WINDOWS, MACINTOSH, LINUX operating systems. Operation on other operating environments is not guaranteed. Its uninterrupted operation cannot be guaranteed. AEMERGENT relieves itself from any liability that may result from data deletion, power outages, and any other failure that does not result directly from AEMERGENT.
SALE
1.1 THE ORDER - To place an order, the Buyer may select one or more works and add them to their cart. Availability, price, and features are indicated on the Site, in the description tab of each work. When the order is completed, the Buyer can access his or her cart by clicking the CONCLUDE PURCHASE AND PAY button, or other similar wording.
1.2 VALIDATION OF THE ORDER BY THE BUYER - By consulting his shopping cart, the Buyer will be able to check the number and nature of the Works he has chosen and will be able to check the unit price as well as the total price. He will be able to remove one or more works from the cart.
If the order matches his requirements, the Buyer may close it. In doing so, the Buyer acknowledges and accepts these Terms and Conditions.
1.3 PAYMENT - Once the Buyer proceeds with the purchase on the platform, ÆMERGENT will contact the Artist within five (5) business days to arrange day and time available for collection by the courier. The moment the item is sent and received by the Buyer, the Artist will be duly paid, past the 14-day period (right of return).
Shipping costs within the Italian territory will be made free of charge for the Buyer and will be borne by the Artist for the maximum amount of €50.00. This cost will be deducted from the Artist's percentage. Should the shipping cost exceed €100.00 the excess cost will be borne by the Buyer.
For international shipments, shipping costs will be agreed upon between the Firm and the Buyer and will be borne by the Buyer.
At this point the Artist may pack the order and ship by courier on the previously agreed upon day and time. The Artist will print all documents necessary for proper shipping. If the Artist fails to meet the agreed upon time and/or is unreachable either by email or telephone, ÆMERGENT shall have the right to cancel the order and refund the Buyer. In the event that such an event happens more than once, ÆMERGENT may close the tab dedicated to the Artist indefinitely.
As a medium, ÆMERGENT does not manage stock: original works are stored and packaged directly by the Artists. The works on the platform, unless they have already been sold or withdrawn by the exclusive will of the Artist, are available for sale.
The Artist undertakes to respect towards the Buyer the legal warranty of conformity of goods according to the Consumer Code (articles 128 et seq.) the legal warranty against defects (art. 1490 of the Civil Code).
1.4 CUSTOMS AND IMPORT PROCEDURES - The price of the work and the transport of the work do not include any import or customs taxes. When importing an artwork from another country, customs duties may be required upon arrival in the destination country. Customs fees are calculated by the local authorities and invoiced by the carrier, regardless of the order and transport of the work. The carrier may also charge a filing fee to handle the customs clearance process.
The costs relating to the importation of a work are the responsibility of the Purchaser and are not refundable in the event of a request to return the work.
1.5 ORDER TRACKING AND RECEIPT - The package is shipped using a courier with an online tracking service, with insurance, with the shortest possible delivery time (about 3 to 7 working days); the maximum delivery time must in no case exceed thirty (30) days, except in exceptional conditions (parcel held at customs, blockage due to health procedures, etc.).
The package containing the work will be considered received as well as the words DELIVERED, or other similar wording, will be indicated on the courier's online service. The Purchaser may notify via email to info@aemergent.com any discrepancies or problems related to the receipt of the order or the order itself.
If the Buyer claims that they have not received the artwork, there is no proof of delivery, the tracking status provided by the carrier shows no progress for more than thirty (30) days, the package will be considered lost and the Buyer will be refunded except for shipping costs.
1.6 RECEIPT OF A DAMAGED PACKAGE - Upon receipt of the package, the Purchaser must: Possibly notify the courier and include the wording "damaged" in the transport document; Carefully unpack the package and inspect it. The Buyer undertakes to report any damage to Æ MERGENT, within twelve (12) hours of receipt, and to provide photos to show the condition of the package and the work by email info@aemergent.com
In particular, the Purchaser must provide the following elements, which are necessary for the compensation procedure with the carrier:
● photos of the packaging (each side);
● photos of shipping labels;
● photos showing the damaged parts of the work.
Upon receipt of the report, Æ MERGENT will make every effort to find a solution with the Buyer and will offer an exchange or refund. The return policy does not cover damaged items that have not been notified within the specified time.
PRICE AND PAYMENT
2.1 PRICE - The applicable prices are those displayed on the Site on the day of the order. The prices shown on the Site are in the currency indicated, the prices of the works take into account the costs of packaging and other costs that are exclusively the Artist's. VAT, if applicable, will be included in the price, and will be that as established in DPR 633/72.
The Italian Buyer validating the order is aware that shipping costs are included in the price quoted.
The foreign Buyer who validates his order is aware that the price indicated does not include shipping costs, which will be subsequently agreed upon.
2.2 TERMS OF PAYMENT - The Customer may make payment by choosing a payment method from those indicated in the shopping cart at the time of ordering. Credit card payments are made using secure transactions provided by Unicredit or Paypal payment service providers.
In accordance with the regulations, in the context of credit card payments, ÆMERGENT does not have access to any data, nor does it record or store any data relating to Customer's means of payment.
2.3 INVOICING - ÆMERGENT shall send Buyer an electronic invoice after each payment. Buyer expressly agrees to receive invoices in electronic format via email.
2.4 FAILURE TO PAY - Agreed payment terms may not be delayed for any reason, not even in case of dispute.
Should the Buyer decide to abandon the order after having paid, he/she must write an email to info@aemergent.com no later than six (6) hours to cancel the delivery procedure.
In the subject line must write ORDER CANCELLATION "No. xxx"
2.5 RESERVATION OF OWNERSHIP - The Products sold remain the sole property of the Artist until their price is paid in full. The Artist retains intellectual property in the work.
2.6 ARTIST'S RESPONSIBILITY ON SHIPPING - The Artist agrees to honor arrangements with ÆMERGENT for courier pickup. The Artist agrees to pack the works ordered in a proper, safe, and serious manner so that the products are not damaged in transit. Therefore, the works travel at the expense and risk of the Artist. As soon as the Buyer takes physical possession of the work, the risk of loss or damage to the products is transferred to him.
2.7 RESTRICTIONS DUE TO SANCTIONS AND AREAS UNDER EMBARGO - In certain special, geopolitical, sanctions or embargo situations, AEMERGENT may temporarily or permanently cease to provide its services to certain geographical areas or countries. These countries currently include: Crimea, Donetsk and Luhansk regions, Cuba, Iran, North Korea Russia, Ukraine, and Syria.
2.8 BLOCKED PACKAGES FOR FAILURE TO PAY CUSTOMS - Imports of works may result in customs charges which will be calculated upon arrival and billed separately by the carrier. These costs are the sole responsibility of the Buyer.
The Buyer will be informed by the carrier or customs of the costs to clear the package through customs.
2.9 RETURN POLICIES - ÆMERGENT offers a fourteen (14) day return guarantee from the date of delivery of the work.
Buyer may request to return the work for any reason in accordance with Section I DL No. 21/2014 of the Consumer Code. The Buyer will be refunded once the Artist has received the work in perfect condition. Return costs are the responsibility of the Buyer. The Buyer will be reimbursed for the cost of the order excluding shipping and return costs. In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or several parts whose delivery is staggered over a definite period, the period shall run from the receipt of the last good or lot or piece. When the fourteen (14) day period expires on a Saturday, Sunday, or on a holiday or non-business day, it shall be extended until the next business day. The decision to withdraw must be communicated to ÆMERGENT by certified e-mail, at aemergent@pec.it ÆMERGENT will send Buyer confirmation of receipt of the withdrawal by e-mail as soon as possible.
Cash on delivery returns will not be accepted for any reason.
2.10 EXCEPTIONS TO RETURNS POLICY - In some cases, returns are deemed not possible for several, non-exhaustive reasons, for example: regulatory constraints, excessive costs, temporary or permanent impossibility of transportation, war, pandemic, geopolitical evolution. Such cases are reported before the Buyer makes his purchase.
2.11 EFFECTS OF RIGHT OF WITHDRAWAL - The Purchaser must arrange, within one day after his or her notice of intention to no longer wish to keep the work, for the work to be shipped to the Artist. There shall be no more than one (1) business day from the Buyer's expressed desire to return the work. The return must be made in its original condition, complete with packaging identical to that used for shipment. The Buyer, where applicable, must also attach a copy of the invoice or delivery note to the packaging.
In the event that Buyer exercises its right of withdrawal, ÆMERGENT, as a trusted third party, will refund Buyer the price of the order and not the shipping and return costs, which will remain the responsibility of Buyer. ÆMERGENT may defer the refund until the Artist retrieves the package and until ÆMERGENT receives the return of payment from the Artist. ÆMERGENT shall reimburse Buyer by means of payment suitable for tracking the same.
WARRANTIES
3.1 GUARANTEES AGAINST APPARENT DEFECTS - It is the Buyer's responsibility to verify that the Products are in good condition at the time of delivery. Such verification shall relate in particular to the quality, quantities and references of the Products as well as their conformity with the order. No claim will be considered after a period of twelve (12) hours from delivery.
3.2 GUARANTEES AGAINST DEFECTS AND OCCULTRY - The Buyer enjoys in particular the legal guarantee of conformity of goods according to the Consumer Code (Articles 128 et seq.) and the legal guarantee against defects (Article 1490 of the Civil Code).
Buyers are consumers and enjoy the rules of the Consumer Code.
3.3 COMPLAINTS AND DISPUTE MANAGEMENT - These General Conditions of Sale are subject to the application of Italian law.
Buyer may contact us at info@aemergent.com with questions or complaints regarding the work ordered. ÆMERGENT agrees to comply with the legal guarantee of conformity with respect to consumer Buyers (Part IV, Title III, Chapter I, at Articles 128 to 135; Consumer Code).
AEMERGENT agrees to respond to Buyer's inquiries within a maximum period of forty-eight (48) business hours by email or telephone.
These General Terms and Conditions of Sale may be amended at any time by ÆMERGENT.
The general terms and conditions applicable to Buyers shall be those in effect on the day of their order or connection to www.aemergent.com.
The place of jurisdiction is Velletri (RM).
3.4 PERSONAL DATA - Any data collected will be processed in accordance with Article 13 of Legislative Decree 196/2003 and Article 13 of the EU Regulation 2016/679 for the protection of natural and legal persons with regard to the processing of personal data and Article 13 of the GDPR (EU Regulation 2016/679).
3.5 FINAL PROVISIONS - These GTC are subject to the application of Italian law.
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code on unfair terms in contracts concluded between a professional and a consumer.
APPENDIX 1
ORDER CANCELLATION PROCEDURE
Within fourteen days, including holidays, from the date of the order or the commitment to purchase, the Customer has the right to waive it by email to the certified mail address aemergent@pec.it specifying in the subject: "ORDER CANCELLATION". If this deadline expires on a Saturday, Sunday or holiday or non-working day, it is extended until the first following working day.
This procedure complies with the Consumer Code art. 52 et seq. Of D. Lsg 206 of 2005.
Conditions:
∗ fill in, print and sign;
∗ send it by e-mail;
∗ use the address aemergent@aemergent.com with the subject "ORDER CANCELLATION"
∗ send it no later than the fourteenth day from the date of the order or, if that deadline expires on a Saturday, Sunday or holiday or non-working day, the first working day thereafter.
The undersigned declares that he/she is cancelling the following order:
Nature of good or service ordered:(specify first and last name of Artist, work, year of work, material of work, and size of work)
Order date:(specify the day and time the payment was submitted)
Customer's Name: (specify first and last name of the person or person who is requesting the return)
Customer Signature: