The following General Conditions of Sale, together with the documents referred to below, including the Privacy Policy, govern the offer and sale of products on the fineaptitude.it website (hereinafter the “Site”).
The access, use and purchase of products on the Site are based on the assumption that these Terms and Conditions have been read, understood and accepted.
Owner of the Site is the company T&G Ltd. which will be referred to by the name of “fineaptitude”, a distinctive sign under which exercises the activity of online sales.
T&G Ltd (“T&G”) (hereinafter referred to as the “Seller”) has its registered office in Italy, 73100 Lecce, Via Romeo De Magistris, 39, P.I. 04231170756, REA Number: LE – 275546, Cap. Soc. Euro 10,000.00 of which 2,500.00 i.v.
For any information relating to the Site, please contact our Customer Service by e-mail: info@fineaptitude.it
1. Acceptance of the general conditions of sale
The user to whom the Site is addressed is a “Consumer”, i.e. a natural person who purchases goods for purposes not related to his professional, commercial or entrepreneurial activity, i.e. he does not make the purchase by indicating a VAT number on the order form.
If you are not a consumer we ask you not to buy on fineaptitude.
The Seller reserves the right not to process orders received from users who are not Consumers or orders that do not comply with the Seller’s commercial policy.
The contract between the Seller and the Consumer shall be deemed concluded with the acceptance, even partial, of the order by the Seller. The present General Conditions of Sale must be considered an integral and substantial part of the contract.
We therefore invite the Consumer, before sending the order, to carefully read the General Conditions of Sale and the information contained therein, printing or saving a copy and in any event keeping the present Conditions, in compliance with the provisions of Articles 50 and following of Legislative Decree 206/05.
Any right of the Consumer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, is excluded.
These General Terms and Conditions of Sale may be subject to amendments and updates, also in consideration of possible regulatory changes, and their validity will be from the date of publication on the Site. We therefore ask you to read these pages regularly.
2. Characteristics, prices and availability of products
The products offered for sale on the Site are exclusive and of first quality.
On the Site you can find for sale products owned by individuals for whom fineaptitude reserves a space in “Private Collections”.
For each product selected, it is possible to display a web space highlighting its essential characteristics: images of the product, unit price and main characteristics (colour, size, weight, etc…) if any.
We take measures to ensure the faithful reproduction of the original products through photographs, but variations are always possible due to the technical characteristics of the computer used. The images and colours may not correspond to the real ones due to the Internet browser or monitor used. The Site shall not be responsible for any inadequacy of the images if this is due to such technical reasons.
The prices of the products are expressed on the Site in € (Euro) and include all taxes and duties applied by law. Shipping costs are excluded and will be explained as specified in the section “Methods and costs of delivery” of these General Terms and Conditions of Sale.
The prices of the products may be subject to updates. The Consumer must always ascertain the final sale price before sending the order request.
All products are subject to availability at the time. Occasionally there may be inconveniences regarding the availability of some products. In this regard, the Customer will be promptly informed of the unavailability of the product.
Many of the products on sale are reproducible, therefore in the event of non-availability at the time of the order, the Customer will be informed of the possibility of having a product with the same characteristics as the one ordered, but with longer delivery times, depending on production requirements and therefore not attributable to the Seller.
If the Customer has already made the payment and the product is not available, the sums received will not be accepted by the Seller, returning them to the Customer’s availability. Nothing shall be due to the promissory purchaser.
Since the products are handmade, the Customer is informed that the reproduction of the same, involves the possibility of small differences with the one displayed. Nevertheless, the artist and / or artisan will take care to create a product that has the maximum correspondence with the one ordered.
3. Warranty and conformity
The objects offered on the Site are works of art and craftsmanship, therefore slight alterations in colour and/or irregularities are not to be considered as defects.
The Consumer (as defined in chapter 1 above) is entitled to the guarantees provided by law, including the guarantee that the products supplied conform to the contract concluded with the Seller. In particular, if a product sold by the Seller has manufacturing defects or in case of alleged lack of conformity of the same product, you must immediately contact our Customer Service by e-mail: info@fineaptitude.it.
The sale of products by the Seller is subject to the legal guarantees established by the Consumer Code (Articles 129, 130, 132), according to which, the consumer has the right to have the products made compliant, free of charge, by repair or replacement (the consumer choosing whether to have the product repaired or replaced within the limits of the law), or (pursuant to art. 130, paragraph 7) to have an appropriate reduction in the price of the products, or termination of the contract.
It is possible to exercise the aforementioned rights only if the Seller is notified of the lack of conformity within 2 (two) months from the date on which it was detected. In any case, the action aimed at asserting a conformity defect that has not been fraudulently concealed by the Seller shall be extinguished within 26 (twenty-six) months from delivery of the product.
The costs of shipping the product to be repaired or replaced shall be borne by the Seller, as well as any costs of returning the repaired or replaced product to the Consumer.
4. How to purchase
Arts and crafts section
To place an order for the purchase of one or more products on fineaptitude, you must fill out the electronic order form and send it electronically to the Seller, following the instructions.
By sending the order form, the consumer declares to know and accept these General Conditions of Sale and the Privacy Policy of the Site. If the consumer does not agree with some of the terms reported is requested not to submit purchase orders for products on fineaptitude.
The order form contains a reference to the General Terms and Conditions of Sale and a summary of information on the main features of each product ordered and its price (including all applicable taxes and duties) – for non-European countries please refer to chapter 8 “Methods and costs of delivery” – the type of payment that can be used for the purchase, the costs and times of shipping and delivery.
Before proceeding to the purchase of the products, with the transmission of the order form, the Consumer shall be required to carefully read the General Conditions of Sale and Privacy Policy.
The contract shall be considered concluded when the Seller electronically receives the order form and the information contained therein, upon verification of the correct compilation. The Consumer shall receive a confirmation of the forwarding of the order with a summary of the order itself.
The order shall be filed in the data bank of the Website for the time necessary to process the order and in any case within the terms of the law. The Consumer may access his order at any time by consulting the “my account” section.
At the conclusion of the contract, the Seller shall take charge of the purchase order and shall transmit to the Consumer, by e-mail, a communication of acceptance, with a summary of the information already contained in the order.
The Seller shall inform the Consumer of the delivery of the goods to the forwarding agent.
The Seller may not process the purchase order when there are not sufficient guarantees of solvency or when the order is incomplete or incorrect or in the event of unavailability of the products. In these cases, the Seller shall inform the Consumer by e-mail of the non-execution of the contract and the execution of the purchase order, specifying the reason. The Seller shall provide to reimburse what has already been paid promptly and in any case within thirty (30) days from the day following that in which the Consumer has transmitted his order.
Architecture Section
The user of the Website interested in a property, may contact our Customer Service by e-mail: info@fineaptitude.it specifying “Architecture” as the “type of request”.
5. Customisation
Some articles, expressly indicated in the catalogue, can be specially made or customised, for example in terms of colours and/or size.
If not expressly indicated that the customization is included in the price, the cost of the article may be subject to price increases that will be communicated to the Consumer with a cost estimate, which if accepted will be considered to all intents and purposes an order.
The average time required to process the order varies according to various factors, therefore the Consumer, with the express acceptance of the estimate, consents that the Seller accepts the order with the production and delivery times indicated therein.
For specially made and/or customised articles, it is not possible to exercise the right of withdrawal.
6. Methods of payment
Art and Crafts Section
The order is considered confirmed only after receiving the credit of the amount indicated in the order, including shipping and delivery costs, on the Seller’s account.
Payment of the amount indicated in the order shall be made using one of the methods indicated in the order form.
In the event of payment by credit card, all data relating to the same (card number, expiry date) shall be forwarded by encrypted protocol to the Bank providing remote electronic payment service, without third parties having any access thereto whatsoever. Moreover, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the relative refunds in the event of any returns of products, following the exercise of your right to withdraw, or if it is necessary to prevent or report to the police the commission of fraud on the Site. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be debited from your current account at the time you order the purchased products.
Prices are subject to updates. Therefore, please check the sale price before placing your order.
The prices on fineaptitude are in Euro.
7. Delivery methods and costs
Art and Crafts Section
Shipping costs vary according to the characteristics of the product to be shipped and the destination area.
The amount relating to shipping will be indicated in the Seller’s order summary.
For each order placed on the Site, an invoice will be issued accompanying the material shipped. For the issuance of the invoice, the information provided by the Consumer at the time of the order shall serve as proof. After the invoice has been issued, it shall not be possible to make changes to the same.
The delivery costs, if any, are at the expense of the Consumer and are clearly stated when the order is placed. Nothing is due from the consumer more than the total order.
fineaptitude will use a carrier of its choice for deliveries. Orders shall be processed and delivered on business days (i.e. excluding Saturdays, Sundays and local or national holidays).
No responsibility can be attributed to fineaptitude in the event of delay in delivery by the carrier of the goods ordered.
The delivery of products is intended to the street level unless otherwise agreed with the Consumer.
Upon delivery of the goods by the courier, the consumer (or person delegated by him) must check:
o that the number of packages delivered corresponds to that indicated on the accompanying invoice;
o that the packaging is intact, not damaged, not wet or in any case altered, including the closing materials (adhesive tape, straps, seals).
Any damage to the packaging and/or to the product or the mismatch in the number of packages or indications must be immediately contested by placing a written control reservation (specifying the reason for the reservation, e.g. “punctured packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery. Once the courier’s document has been signed, the Consumer may not raise any objection regarding the external characteristics of the goods delivered.
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, in accordance with the procedures provided for in this document.
The risk of accidental loss of the article is borne by the Consumer during transport, except in the case of insured shipment, in which case the responsibility shall lie with the carrier.
In the event of failure to collect within 5 working days of the material in storage at the warehouses of the carrier due to the repeated inability to deliver to the address specified by the consumer when ordering, the order will be returned to the warehouses of fineaptitude
For non-standard items (bulky items and dimensions that exceed the threshold weight / volume of the package usually accepted by shippers and therefore require exceptional transport, specific, personal), may be provided for additional shipping costs, because of the exceptional transport, which will be communicated to the consumer in the budget phase. The Seller reserves the right to block the order and contact the Consumer if it concerns one or more articles having the aforementioned characteristics that, due to their nature, do not permit ordinary transport with the common means of transport or that entail onerous shipping costs. For this reason, the Seller undertakes to issue an estimate, including shipping costs, which, if accepted by the Consumer, shall be considered an order to all intents and purposes.
For destinations outside the European Union, any import duties, customs clearance taxes or brokerage fees, including any additional costs, shall be borne by the recipients. Consumers are advised to check with their local customs authorities in order to determine an all-inclusive price before completing the purchase: we operate on a DDU (Delivered Duty Unpaid) basis.
8. Right of withdrawal and refund
Art and Crafts Section
It is not possible to change the product received with another one: in this case it will be necessary to provide for a return and a new order.
The consumer may exercise the right to withdraw without having to provide any explanation or bear any cost; only the cost of returning the product shall be borne by the consumer. In order to exercise the right to withdraw, the Consumer must send a communication to that effect, within 14 working days from the date of receipt of the goods, to the e-mail address customerservice@fineaptitude.it (specifying “Withdrawal” as the “type of request”). Once the aforementioned withdrawal notice has been received, the Seller shall promptly inform the Customer of the address to which the goods must be returned. The return, at the expense of the Consumer, must take place within the following 14 days. The Seller shall provide to return the price paid within 14 days from the communication of the will to withdraw.
The Consumer must keep a record of the withdrawal request.
The right to withdraw is however subject to the following conditions:
o it is not possible to exercise the right of withdrawal for customised products, that is, in whole or in part different from the products present on the Site at the time of the order;
o the right applies to the purchased product in its entirety;
o it is not possible to exercise withdrawal only on part of the product purchased;
o several products that are part of the same order must be returned in a single shipment;
o the purchased goods must be intact, must not have been used, washed, damaged or in any case modified in their characteristics. They must be returned in their original packaging, complete in all its parts (including packaging);
o in accordance with the law, the shipping costs relating to the return of the goods shall be borne by the Consumer;
o the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Consumer;
o in the event of damage to the goods during transport, the Seller shall inform the Consumer of the event (within 5 working days from the receipt of the goods in its warehouses), in order to allow the Consumer to file a timely complaint against the carrier chosen by him and to obtain the reimbursement of the value of the goods (if insured); in this eventuality, the product shall be made available to the Consumer for its return, at the same time cancelling the request for withdrawal.
The Seller shall not be liable in any way for damage or theft/loss of goods returned by uninsured shipments; upon its arrival in the warehouse, the product shall be examined to assess any damage or tampering not resulting from transport. The Seller shall provide to reimburse the Consumer the amount already paid, in the shortest time possible and in any case within 14 days from the withdrawal request, through the same method chosen by the Consumer at the time of payment. It shall be the responsibility of the Consumer to promptly provide the data for the reimbursement.
In the case of forfeiture of the right to withdraw, the goods shall remain at the Seller’s disposal for the withdrawal at the Consumer’s expense.
In the case of autonomous shipment of the goods by the Consumer, the reimbursement shall be suspended until the date of receipt of the same at the Seller’s warehouses.
9. Replacement of defective or incorrect products
Arts and crafts section
fineaptitude.it agrees to reimburse shipping costs related to the return of defective or incorrect items (the amount reimbursed will be equal to the shipping costs indicated in the order), however, will not accept responsibility with respect to an item until that item has been returned and confirmed as defective or incorrect.
Products must be returned in the same condition in which they were received. The Customer is obliged to take reasonable care of the products while in his possession; failure to do so will result in the Customer forfeiting any right to a refund or replacement.
In order to proceed with the return of defective or incorrect products, a “return” request must be made to the e-mail address customerservice@fineaptitude.it (specifying “Return” as the “type of request”) within 10 (ten) days from receipt of the products.
The consumer must keep a record of the return request.
The right of return is however subject to the following conditions:
o the products must be returned intact, they must not have been used, washed, damaged or in any case modified in their characteristics;
o the products must be returned in their original packaging as provided by fineaptitude;
o several products that are part of the same order must be returned in a single shipment;
o the products must be returned within 10 (ten) working days from the date of receipt, specifying in the transport documents the order number.
o the return of goods must be insured and be made by courier at the headquarters of fineaptitude, which assumes no responsibility for goods not received or damaged during shipment. The signature on the delivery note is the proof of receipt;
o all costs for the return of goods shall be borne by the customer.
fineaptitude will examine the returned products and in the shortest possible time will respond to the return:
Return accepted:
fineaptitude will send e-mail confirmation of acceptance of the return; within 10 (ten) working days from that confirmation will be sent the replacement products to those returned. In the event that one or more products are no longer available, you will be notified by e-mail and we will proceed to refund their value as soon as possible and in any case within 30 (thirty) days from the communication, without further charge or liability on the part of T & G. We will credit the shipping costs in the same way.
Return not accepted:
In the event that fineaptitude does not detect defects in the products returned, or its own responsibility in the problem highlighted, will notify by e-mail the rejection of the return and that the products are available to the customer for collection. After 30 (thirty) days from the e-mail notification, fineaptitude may retain the products in addition to the amounts already paid for their purchase and request any refunds for expenses incurred.
10. Privacy
The personal information requested when placing the order is collected and processed in order to meet the expressed requirements of the customer. fineaptitude guarantees its customers the respect of the legislation on the processing of personal data, governed by the privacy code under Legislative Decree 196 of 30.06.2003. Here the customer can read the full privacy policy
11. Cookies
The site, in order to offer an adequate service, makes use of cookies, more information in the page dedicated to them.
12. Disputes
The Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree 206 of 06.09.2005 on the consumer code, with specific reference to the regulations on distance contracts and by Legislative Decree 70 of 09.04.2003 on certain aspects concerning electronic commerce.
For the solution of civil and criminal disputes arising from the conclusion of this Contract, the territorial jurisdiction is exclusively that of the Court of Lecce.
13. Modification and updating
fineaptitude reserves the right to make changes at any time to these Conditions of Sale and the Privacy section. The changes will be effective for all purchase orders placed after the date of publication of such amendment.
Customer Service: for any need relating to the Site, including information regarding these General Conditions of Sale and our Privacy Policy, you can contact our Customer Service at customerserviceineaptitude.com
