Name & Registered Office:
Seestrasse 47, Horgen
The services are owned and controlled by Spagnuolo Consulting (“we”, “us”, “ARTEMPERATURE” or “Site Owner”).
The name ARTEMPERATURE and its logo are owned and controlled by Spagnuolo Consulting.
- These Terms and all disputes regarding the execution, interpretation and validity of the same are subject to Swiss law and the exclusive jurisdiction of the Court of Zurich, Switzerland (JURISDICTION AND APPLICABLE LAW).
- These Terms and Conditions of Use are valid and in force from November 25, 2020.
- These Terms and Conditions of Use (“Terms”) constitute a legally binding contract (“Agreement”) between the User and ARTEMPERATURE (as defined below).
- The Contract governs the access and use of the ARTEMPERATURE website, including all the related subdomains, and of any other website through which ARTEMPERATURE makes its Services available, and the SHOP (collectively, the “Website”) as well as all applications for mobile devices, tablets and other devices and application program interfaces (collectively, the “Application”) and all associated services (collectively, the “ARTEMPERATURE Services”).
- The Website, the Application and the ARTEMPERATURE Services are collectively referred to as the “ARTEMPERATURE Platform”.
- The ARTEMPERATURE Platform and its Contents are provided “as available” without warranty of any kind, either expressed or implied. If you choose to use the ARTEMPERATURE Platform you do it voluntarily and at your own risk.
You acknowledge that you have had every opportunity that you consider necessary to analyze the ARTEMPERATURE Services, laws, rules or regulations that may apply to the Services you receive and that you are not relying on any statement of fact or law made by ARTEMPERATURE in relation to the Products.
The above exclusions of liability apply to the maximum extent permitted by law. The user may be the holder of further rights provided by law. However, the duration of legally provided guarantees, if applicable, will be limited to the maximum extent permitted by law.
Article 1. GENERAL PROVISIONS AND DEFINITIONS
These Terms and Conditions of Use are valid exclusively between the company Spagnuolo Consulting, with registered office in Seestrasse, 47 Horgen CH-8810, registered under the number CHE-169.096.393, hereinafter referred to as “ARTEMPERATURE” and the person who log in and use the Services offered by SHOP, hereinafter referred to as “USER” or “YOU”.
- 1.1 – By using the services connected to the ARTEMPERATURE website, the User is bound to respect the terms and conditions of use set out below.
- 1.2 – The necessary condition for the use of the Platform and the services offered is acceptance that takes place through registration or access.
- 1.3 – By accessing and using the Services, you confirm that you have read, understood and accepted these terms and conditions of use and are legally bound by them.
Article 2. OBJECT OF THE CONTRACT AND DESCRIPTION OF THE SERVICE
- 2.1 – The ARTEMPERATURE, through its platform, showcases, in its SHOP (1) “small works of art”: unique pieces selected by ARTEMPERATURE and realized by artisans / artists listed on the market (“artworks”); (2) “handicraft products”: made ad hoc to order (“craft products”); (3) design and brand products selected by ARTEMPERATURE (“merchandising”) (hereinafter referred to collectively as the “Products”).
- 2.2 – The Products are selected by ARTEMPERATURE. The “artworks” and “handicraft” products remain in the disposition and property of their owners, while the design and brand products are managed, by way of sale and warehouse, directly by ARTEMPERATURE.
- 2.3 – ARTEMPERATURE does not own the “artworks” and/or “craft products”. These two categories of products are offered for sale through the Platform, but – ARTEMPERATURE – only performs the function of curator and sales intermediary, through the selection of the Products, promoting them and proposing them to the community, putting the owners of small works of art and handicraft products, the direct responsibility for shipments and returns; managing directly the selection of the objects and the sale in relation to the design.
- 2.3.1 – ARTEMPERATURE acts as a provider of the Platform. When the User makes or accepts a sale with the Host, he is entering into a contract directly with the latter through ARTEMPERATURE. ARTEMPERATURE is not and does not become a party or otherwise participates in any contractual relationship between Host and User. ARTEMPERATURE does not act as an agent in any way for any User and Host, except as specified in the Payment Terms.
- 2.4 The products consisting of the Products offered for sale through the ARTEMPERATURE Platform are those listed and displayed on the SHOP page.
- 2.5 If you choose to use the ARTEMPERATURE Platform as a User, you acknowledge and accept that your relationship with ARTEMPERATURE is solely that of an independent third party contractor and not that of employee, agent, joint-venturer or ARTEMPERATURE partner for any reason and acknowledge and accept furthermore, that you act exclusively on your behalf and for your benefit and not on behalf of or for the benefit of ARTEMPERATURE.
Article 3. TERMS AND MODIFICATIONS
- 3.1 – ARTEMPERATURE reserves the right to modify, add or eliminate in whole or in part the present conditions of use and terms of service. Users will know the changes that will be published on the site. Each User is required to periodically check these conditions. The site is not responsible for any changes or modifications that the User has not been aware of for not verifying them with due diligence.
- 3.2 – The User may cancel his account at any time, provided that the continuation of the use of the services implies acceptance of the new conditions.
- 3.3 – ARTEMPERATURE also reserves the right to modify, suspend, interrupt even partially the services, including accessibility to the database or content or by introducing access or service limitations, in whole or in part, without prior notice and without take responsibility for this limitation.
Article 4. ACCESS TO SERVICES
The User, through access and possible registration to the site, can use the services offered by ARTEMPERATURE through the SHOP. You may not make a derivative use of the Services or their contents, make any kind of download or copy of account information for the benefit of another retailer or use data mining, robots or similar data acquisition and extraction devices. All rights not expressly conferred by these General Conditions of Use or the Terms of Service remain with ARTEMPERATURE or its licensors, suppliers, or other service providers.
Article 5. REGISTRATION AND SAFETY
- 5.1 – As part of the process of access and registration, the User is required to provide specific information that must be corrected and updated.
- 5.2 – The User can not choose the user ID of another person with the intent of using his identity. Furthermore it can not use the user ID of another person without his express authorization. It is also forbidden to use user ID that the owner of the site, at its discretion, will consider infringing the rights of third parties, or otherwise offensive or scurrilous.
- 5.3 – Any password chosen by the User at the time of registration to the services and inserted in the relevant registration form or form is personal and can not be transferred. The User is obliged to guard with the utmost diligence and to keep the password confidential in order to prevent the use of the service by unauthorized third parties. They will therefore be responsible for any use, made by authorized or unauthorized third parties, of the aforementioned identifiers as well as any damage caused to the owner of the site, depending on the non-observance of the above.
- 5.4 – Failure to comply with these rules will result in violation of these general terms and conditions of use and may result in immediate cancellation of the account of the infringing subject. In the event of actual or potential unauthorized use of your account, the User is invited to report it providing any detailed information regarding the violation, and giving notice to ARTEMPERATURE by mail, of loss, unauthorized subtraction, theft, of their password and of your personal information.
- 5.5 – The User is aware that he must be 18 years of age to register for the service. Children under 18 must be assisted and authorized by parental authorities.
- 5.6 – The right to use is PERSONAL and NOT TRANSFERABLE TO OTHER USERS.
Article 6. DURATION OF THE ACCOUNT
- 6.1 – The User can cancel his account at any time. The User will receive a communication confirming the receipt of the request and subsequent cancellation of the account. It is understood that the User is responsible for all activities carried out with the account until the moment of actual deactivation.
- 6.2 – ARTEMPERATURE may terminate this Agreement with immediate effect and without notice (i) in case of substantial violation by the User of your obligations under these Terms, payment terms, (ii) in case of violation of laws, applicable laws or third-party rights, or (iii) if ARTEMPERATURE believes in good faith that such action is reasonably necessary to protect the personal safety or property of ARTEMPERATURE.
Article 7. OBLIGATIONS, GUARANTEES AND EXEMPTIONS LIABILITY OF THE HOLDER
- 7.1 – ARTEMPERATURE undertakes to provide the User with the online accessibility of the website and the services offered for it, as well as the related communication tools.
- 7.2 – Without prejudice to the previous point, ARTEMPERATURE assumes no responsibility for any interruption and / or suspension of the service provided and / or other limitation of the usability of the service in all its parts, due to technical problems of its own and / or third parties generated from factors or circumstances beyond one’s control.
- 7.3 – ARTEMPERATURE has the right to use alternative communication and / or publication tools and / or accessories to the Site, to make the services offered to the User usable, also using, by way of non-exhaustive example, linking or mirroring techniques.
- 7.5 – ARTEMPERATURE offers no guarantee regarding the updating of information entered on the site.
- 7.6 – ARTEMPERATURE shall not be liable for any damages and / or losses and / or malfunctions and / or prejudices of any kind that may result to the User’s computer from the use of the service provided, nor to any contamination of the computer system deriving from access, from the interconnection, from the downloading of material and computer programs from the site; the related repair / restoration costs remain the responsibility of the User.
- 7.7 – ARTEMPERATURE is not responsible for any loss or damage caused by the User’s failure to comply with these terms and conditions.
- 7.8 – ARTEMPERATURE does not guarantee and has no responsibility for the quality of the exhibited and proposed works of art, shipping and / or return management; to the truthfulness of the contents if supplied directly by the Host; the ability of Buyers / Users to pay the price of works of art; the ability of the Host to sell and that of the Users to purchase. ARTEMPERATURE cannot ensure that a buyer or seller is actually able to complete the transaction, dealing only with the management, selection and sale of the works, the contact between users and hosts included in the site.
Article 8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
- 8.1 – It is permitted to publish reviews, comments and other content, send e-postcards and other communications and submit suggestions, ideas, comments, questions or other information, provided the content is not illicit (ie obscene, abusive, intimidating, defamatory, does not violate the privacy, intellectual property rights or otherwise is not offensive ARTEMPERATURE and / or third party or deplorable and is not or does not contain viruses, political propaganda, commercial solicitation, chain of St. Anthony, mass e-mail or any other form of spamming).
- 8.2 – ARTEMPERATURE reserves the right (but has no obligation to act) to remove or modify this content. ARTEMPERATURE will promptly ensure that there is content on the site or used in connection with the Services offered by the site, which contains a defamatory declaration or an intellectual property right has been violated by information on the site or used in the Site Services.
- 8.3 – Except in cases where any responsibility is due to the non-removal of illegal content as a result of communication, the User undertakes to hold ARTEMPERATURE undamaged from all legal actions taken by third parties against ARTEMPERATURE, deriving from or in any case connected with the data or any material provided by the User.
Article 9. PAYMENT TERMS
- 9.1 – The data you enter on ARTEMPERATURE are protected by an encrypted server. All payment processing services through or in connection with the use by the User of the ARTEMPERATURE Platform (“Payment Services”) are provided by an ARTEMPERATURE (individually and collectively, as appropriate, “ARTEMPERATURE Payments”).
- 9.2 – ARTEMPERATURE may charge costs to the Host and / or User (“User Costs”) (collectively, “Service Costs”) as consideration for the use of the ARTEMPERATURE Platform.
- 9.3 – Any applicable service fee (including all applicable taxes) will be presented to the Host or to the User prior to the conclusion of the purchase. ARTEMPERATURE reserves the right to modify the costs of the service at any time by providing adequate notice of all changes before they become effective.
- 9.3 – The User / Purchaser will be responsible for paying all the costs of the service due to ARTEMPERATURE. The costs of the service due and payable are collected by ARTEMPERATURE Payments. Except as otherwise provided in the ARTEMPERATURE Platform, the Service costs are non-refundable.
Article 10. PAYMENT and PAYMENT METHODS
- 10.1 – When the User places an order, he can select the payment method he prefers during the order process.
- 10.2 – ARTEMPERATURE Payments processes payments and normal billing information, including name, billing address and information on the financial instrument.
- 10.3 – At the time of payment, the User must provide accurate, updated and complete information.
- 10.4 – The User can use different payment methods to make purchases on ARTEMPERATURE / SHOP: card, gift certificates or codes to top up the account.
- 10.5 – Payment methods are listed and described in the Payment page.
- 10.6 – The Payment Method or the Shipping Method used by the User may be subject to additional terms and conditions imposed by the relevant third party payment service providers.
- 10.7 – The User authorizes ARTEMPERATURE Payments to store information related to his payment method.
- 10.8 – The User is solely responsible for the accuracy and completeness of the information related to the Payment Method and to the sending of payments.
- 10.9 – ARTEMPERATURE Payments is not responsible for any loss suffered by the User due to incorrect information on the Payment Method or on the sending of payments.
Article 11. ECONOMIC CONDITIONS
In general, ARTEMPERATURE Payments will collect the Total Price from the User at the time when the User’s purchase request is accepted by ARTEMPERATURE or at any other time agreed between the User and ARTEMPERATURE Payments.
Article 12. ORDERS FOR ITEMS SOLD AND SHIPPED BY ARTEMPERATURE
- 12.1 – When you purchase a Product sold and shipped from ARTEMPERATURE (merchandising), you are purchasing from a company based in Switzerland, which charges VAT, if required by applicable law, on all goods sold to non-eligible natural persons. tax residing in the State.
- 12.2 – Items purchased on ARTEMPERATURE can be sent from distribution centers in Italy or other EU countries. The sales system of ARTEMPERATURE, as an online seller, does not require the issuance of the invoice (or receipt or tax receipt) to a consumer (not a VAT holder), according to the art. 22 of the Decree of the President of the Republic of 26/10/1972 n. 633 and the article 2, letter oo) of the DPR December 21st 1996, n. 696 (as confirmed by Resolution No. 274 / E of November 5, 2009).
- 12.3 – Generally, a consumer does not need an invoice. To request assistance and warranty the User can contact ARTEMPERATURE directly. If you would like a copy of the purchase receipt for a Product sold and shipped by ARTEMPERATURE, you will receive the copy by e-mail.
- 12.4 – If the User still wishes to request the issuance of the invoice, immediately after the shipment of the order, communicating your tax code. The invoice will be payable to the address associated with the payment method and it will be possible to fill the invoice with a different name or address.
Article 13. LINK TO THIRD PARTY SITES
The Platform may contain links to third party websites. The Owner does not exercise any control over them and, therefore, is not in any way responsible for the contents of third parties.
Article 14. INTELLECTUAL PROPERTY
- 14.1 The User is prohibited to copy or publish, disseminate, transmit or otherwise make available, even partially and / or as a result of modifications, as published on the Platform, except in cases where this is expressly provided for.
- 14.2 – Copyright & Trademarks. Trademarks, names and logos (generally referred to as “trademarks”) displayed on the Platform are registered and unregistered trademarks. Nothing contained in the Platform must be interpreted as granting any license or right to use any of these trademarks without the prior written consent of the owner of the site owner.
Article 15. INDEMNITY
You agree to raise, defend (at the discretion of ARTEMPERATURE), indemnify and hold harmless ARTEMPERATURE and its affiliates and subsidiaries and their respective managers, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including, without limitation, the reasonable legal and accounting expenses arising from or in any way connected with (i) the violation of the user of these Terms, (ii) its misuse of the ARTEMPERATURE Platform or any ARTEMPERATURE service
Article 16. FINAL PROVISIONS
- 16.1 – ARTEMPERATURE reserves the unilateral right to modify, suspend or interrupt the website and the services offered for it, as well as the modification, suspension or interruption of the account and related communication tools of the individual User.
- 16.2 – Invalidity in whole or in part of individual provisions does not affect the validity of the remaining provisions.