Terms and Conditions

ARTICLE 1 – GENERAL RULES..

1.1 – For commercial relations of any kind between Massimiliano Forleo Tax Code FRLMSM79R22F205E based in via Crocifisso, 2 Milan Italy and the Customer the following General Contract Conditions apply.

The sale of the products takes place privately and as such does not fall within the scope of VAT

Purchases of goods or services from private individuals do not fall within the scope of VAT due to lack of subjective prerequisite.

Examples of purchases from private individuals are:

The purchase of goods from a natural person who operates outside his professional or entrepreneurial activity; the acquisition under lease of a property from a non-commercial entity pursuant to art. 4 co. 4 of Presidential Decree 633/72 which carries out the operation as part of the institutional activity (C.M. 21.6.91 n. 31). Since, in these cases, there is no obligation to issue an invoice, the operation is usually documented by issuing a receipt (or receipt) which specifies the type of goods sold or service rendered, with the indication that this is a non-VAT transaction. Consequently, there is no obligation for the transferee or client to record the transaction for VAT purposes, but the document must be kept pursuant to art. 39 of Presidential Decree 633/72 and assumes relevance for the purposes of general accounting for direct taxes.

Customers can be both entrepreneurs and consumers indifferently.

By Consumer we mean “consumer or user: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out” (Article 3, letter a, Consumer Code).

Customers can be both entrepreneurs and consumers indifferently.

Entrepreneur means “the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or his intermediary” (Article 3, letter c, Consumer Code).

1.2 – The photographic representation of the products in the online shop does not constitute any legally binding offer, constituting nothing more than the representation of a non-binding online catalog of the product range.

By clicking on the “Buy” button, the Customer sends a binding Order of the goods contained in the cart to Massimiliano Forleo. Confirmation of receipt of the Order follows immediately after sending the Order. The sales contract is finalized only with the separate Order confirmation by Massimiliano Forleo pursuant to and for the purposes of Article 1326 of the Civil Code.

The text of the contract is saved and the Order data is sent to the Customer by e-mail together with the General Terms and Conditions (hereinafter, GTC).

1.3 – Massimiliano Forleo reserves the right not to carry out the service if, following the conclusion of the contract, the goods are not available, although a relative compulsory shop has been concluded.

In this case, the Customer is immediately informed of the unavailability of the product and any sums collected are immediately refunded. Further claims, actions and compensation/indemnity rights against Massimiliano Forleo and in favor of the ordering party are excluded if the product is found to be unavailable.

ARTICLE 2 – HOW TO ORDER.

In detail, during an Order in the online store, the Customer completes the following technical phases:

Click the article or articles of interest (read the description of the product qualities carefully; the image is the one resulting from the catalog and is not significant in terms of the state of the product or any updates to the article – with the same code – from part of Massimiliano Forleo);

Click “Add to Cart” (the item will be added to your cart);

Once the shop is finished, click “View Cart”; The cost of transport will also be indicated in the order summary.

Click “Proceed with the order”;

Enter the billing information and any indications for shipping to a different address (possibly enter a message to be delivered to Massimiliano Forleo in the appropriate window).

Method of payment (bank transfer).

Click “Place order”;

The Customer completes the Order procedure correctly if the site does not show any error messages (the system cannot detect errors with reference to the data entered by the Customer in the field dedicated to billing and shipping addresses). Massimiliano Forleo will acknowledge receipt of the Order by sending an Order confirmation e-mail to the e-mail address communicated by the Customer. This Confirmation will summarize the selected products and services, the relative prices (including delivery costs and additional costs relating to the additional services requested by the Customer), the delivery address, the Order number, the General Contract Conditions therein envisaged and any Special Conditions applicable to the individual Order and determined following specific requests from the Customer. Massimiliano Forleo reminds the Customer to check with the utmost attention and care the correctness of the data contained in the Order Confirmation and to communicate to Massimiliano Forleo the request for any changes within the following day; in some cases this may lead to the cancellation of the Order itself (by way of example but not limited to the insertion of the wrong zip code). There may be occasional unavailability of the Products offered on https://dezignart.it/

The Order number, generated by the system and communicated by Massimiliano Forleo, must be used in any communication with Massimiliano Forleo.

If the Products chosen by the Customer are not, in whole or in part, available, Massimiliano Forleo will communicate it without delay. In these cases, where the Customer has already sent and paid for the Order, Massimiliano Forleo will immediately refund the price of the unavailable goods and the relative Order will be considered cancelled, except for any portion of the Order relating to additional goods purchased and available. The Customer accesses each of the phases of the Order described above through the common functions of his Internet browser.

ARTICLE 3 – PAYMENT.

Payment for the Order must be made when the Order is forwarded to Massimiliano Forleo. Payment must be made by bank transfer. In case of payment by bank transfer, the order will be processed upon effective crediting of the amount remitted. For anything not regulated therein, please refer to the provisions of article 8 of these GTC.

ARTICLE 4 – DELIVERY.

4.1 – In the event of delivery to the Customer’s home, the provisions of article 1510, paragraph 2, of the Civil Code apply. Delivery is made to the delivery address indicated by the Customer.

In the event that the Customer does not collect the goods sold and the same returns to the sender’s headquarters for complete storage, unless otherwise agreed in writing, the delivery will take place strictly at the Massimiliano Forleo headquarters (at full additional costs of non-delivery and/or or storage at the expense of the Customer).

Any further shipment, if requested by the Customer, will take place exclusively with the increase in transport costs to be paid by the Customer and to be paid in advance of the second shipment. The amount due will be communicated to the Customer by Massimiliano Forleo and, upon crediting, the latter will proceed with the second delivery attempt.

4.2 – All prices are intended for cash payment, VAT included, plus any packing and transport costs.

4.3 – In the case of shipments with delivery outside the territory of the European Union, any customs duties and taxes are the full responsibility of the Customer.

4.4 – Delivery costs are applied on the basis of the criteria and specifications set out in the Shipping costs and methods annex which forms an integral part of these General Conditions of Sale.

ARTICLE 5 – RIGHT OF WITHDRAWAL.

Exclusively for certain products, where it is explicitly indicated in the description NOT to be the goods listed by art. 59 of the Consumer Code (
1. when the supply concerns made-to-measure or personalized goods;
2. in the case of supply of goods which risk deteriorating or expiring rapidly; 2. for the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or that have been opened after delivery), if the Customer is a “Consumer”, as defined in article 3 of the Consumer Code, the the rights referred to in Articles 52 et seq. of the Consumer Code, as amended by Legislative Decree no. 21 of 21/02/2014, and therefore the right to withdraw from the Purchase Agreement (hereinafter the “Right of Withdrawal”) for any reason, without explanation and without any penalty, in the manner specified below. Except as provided for in the first paragraph, the Withdrawal may concern all (Total Withdrawal) or only a part (Partial Withdrawal) of the Massimiliano Forleo Products and/or Services purchased by the Consumer.

In the case of Products, the Withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the Products (hereinafter “Withdrawal Period”) .

In the case of Services, the Withdrawal period expires after 14 days from the day of conclusion of the contract (hereinafter “Withdrawal Period”), without prejudice to the provisions of art. 59 of the Consumer Code regarding the exclusion of the right of withdrawal in the event of complete provision of the Service if the execution of the same is started with the express agreement of the Consumer.

The right of Withdrawal is exercised by sending – before the expiry of the Withdrawal Period as indicated above – a communication of withdrawal (hereinafter “Communication of Withdrawal”), which can be sent in one of the following ways:

By paper mail to Massimiliano Forleo, current via Crocifisso, 2 Milan Italy.

The Return of the Product(s) must take place within 14 days from the date on which the Consumer communicated his/her decision to withdraw pursuant to art. 52 of the aforementioned Consumer Code. This aforementioned term will be respected if the Consumer sends back or returns the Products/Products subject to Withdrawal before the expiry of 14 days. The Consumer may return the Product/s by shipping Massimiliano Forleo via Crocifisso, 2 Milan. To make the Return of Products easier. For any information relating to the costs and methods of transport for the Return of the Products, you can contact us through the channels listed on the page https://maxforleo.com/. Massimiliano Forleo reminds his Consumers that the transport costs relating to the return of the Product/s subject to Withdrawal are borne by the Consumer and that the Return is under the complete responsibility of the Consumer himself. Massimiliano Forleo reminds his Consumer Customers, before the Return, to check that the Product/s subject to Withdrawal is/are intact and in a normal state of conservation, inserted in the original packaging, complete in all its parts (including packaging and accessory documentation).

The Consumer, in accordance with current legislation, will only be responsible for the decrease in the value of the Product(s) resulting from a manipulation of the same(s) other than that necessary to establish the nature and characteristics of the Product(s). If the right of withdrawal has been correctly exercised in accordance with the provisions of articles 52 and following, Massimiliano Forleo will reimburse the Consumer for the full amount already paid for the purchase of the Products and/or Services, including the Delivery Costs and any additional costs incurred, within 14 (fourteen) days from the day on which it was informed of the Consumer’s decision to withdraw from the Purchase Agreement. The amount will be refunded using the same means of payment used by the Consumer for the initial transaction, unless expressly requested otherwise by the Consumer and on condition that the Consumer does not incur any costs as a result of the refund. Massimiliano Forleo, pursuant to and for the purposes of art. 56 of the Consumer Code as amended by Legislative Decree n. 21/2014, reserves the right to withhold the refund until it has received the Products/o or until the Consumer has demonstrated that he/she has sent the Products/o, depending on which situation occurs first.Exclusion of the right of withdrawal.

Without prejudice to the provisions above, the right of withdrawal cannot be exercised: if the product is not intact, or: in the absence of the original packaging; in the absence of integral elements of the product; for damage to the product; in the case of delivery of unfinished products and for the production of which an individual choice or arrangement on the part of the consumer is decisive or products that are clearly tailored to the personal needs of the consumer; delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if the seal has been removed after delivery.

ARTICLE 6 – LEGAL GUARANTEE OF CONFORMITY.

If the purchased product has faults or defects, For Consumers, i.e. those who purchase for purposes unrelated to their professional or business activity, Legislative Decree No. 206 of 6 September 2005 (24 months under the conditions of law) applies. . For all other buyers, who purchase with a VAT number, the legal guarantee pursuant to articles 1490 and following of the civil code is valid. (12 months under the legal conditions).

It should be noted that entrepreneurs (commercial operators / non-consumers pursuant to the Consumer Code):

a non-substantial defect does not allow you to exercise your warranty rights for defects;

the Customer must demonstrate the existence of the defect which makes the purchased product unusable for the original purpose and must also prove that this defect existed even before receiving the goods; – the Customer must demonstrate that he complied, in checking the purchased product , to the criteria that he himself as a company is obliged to respect;

the Customer must inform Massimiliano Forleo in writing of the defect, under penalty of forfeiture, within 8 (eight) days of discovery, with a deadline for taking any action aimed at resolving the contract within and no later than one year from discovery of the same. For consumers, the limitation period for warranty claims is two years from delivery of the goods to the customer. The Customer must inform Massimiliano Forleo in writing of the defect, under penalty of forfeiture, within 8 (eight) days of discovery, with a deadline for taking any action aimed at resolving the contract within and no later than one year from discovery of the same. Although not provided for herein, please refer to the articles 128-135 of the Consumer Code, where applicable to food products.

ARTICLE 8 – DEADLINE AND CONDITIONS OF PAYMENT.

8.1 – Advance payment (by bank transfer), Orders are processed upon receipt of payment (credit of the sums to the Massimiliano Forleo current account).

8.2 – Massimiliano Forleo reserves the right to refuse checks and other non-cash means of payment. Acceptance always takes place only for payment purposes. Foreign currency payments are credited to your bank statement. Banking fees are charged to the customer.

8.3 – In the event that the Customer is in arrears with the payment of the purchase price, interest will be calculated on the amount of the purchase price at the base rate increased by five percentage points during this period. If a greater damage deriving to Massimiliano Forleo from the delay is demonstrable, Massimiliano Forleo is authorized to assert it.

ARTICLE 9 – LIABILITY.

Massimiliano Forleo is liable to the Customer for all contractual, non-contractual and legal claims, as required by law and in particular pursuant to and for the purposes of the Consumer Code.

ARTICLE 10 – PRIVACY INFORMATION.

Pursuant to art. 13 of EU Regulation 2016/679 online and in-store purchases. Massimiliano Forleo protects the personal data acquired in accordance with current data protection legislation, in particular EU Regulation 2016/679 (hereinafter also: “GDPR”).

10.1 – Data controller and DPO is Massimiliano Forleo Tax Code FRLMSM79R22F205E with headquarters in via Crocifisso, 2 Milan

10.2 – The categories of data that are processed The data processed by the Data Controller are exclusively “personal data” (pursuant to Article 4.1 of the GDPR). In particular, the categories of pertinent personal data may be, by way of example but certainly not exhaustive: Personal data and identification data (name, date of birth, place of birth, nationality, tax code, VAT number, occupation/trade, etc. ); Contact data (address, e-mail address, IP address, telephone number and similar data).

10.3 – Lawfulness and purpose of the processing The processing of personal data takes place in compliance with the provisions of the General Data Protection Regulation (GDPR) and any other applicable data protection legislation. The details are provided below:

10.3.1 Purposes aimed at fulfilling a legal obligation (Article 6, paragraph 1 (c) of the GDPR) a. Fulfillment of obligations established by Laws, Regulations and Community Legislation, or by provisions issued by Authorities or by Supervisory and Control Bodies in relation to or in any case connected to the existing and/or future legal relationship. The retention period of personal data, in relation to the purposes referred to in this section is: For the purpose: a, 10 years, from the end of the contractual or commercial relationship. These times may be extended in the event of litigation or specific legal provisions.

10.3.2 Purposes aimed at the execution of a contract or pre-contractual measures (Article 6, section 1 (b) of the GDPR) a) Execution of pre-contractual activities, also with reference to the first contact; b) Fulfillment of contractual obligations and legal transactions and in particular of the stipulated contract (for example execution of the order, including the sending of functional communications by e-mail and/or SMS, as well as the execution of transport and assistance services after-sales service to customers); c) Management of administrative, accounting, tax and financial processes connected to the provision of the product or service provided; d) Protection of contractual rights or in any case deriving from the relationships between the parties. The retention period of personal data, in relation to the purposes referred to in this section, is: For the purpose: a) until the end of the pre-contractual activity; For the purposes: b), c), d), 10 years from the purchase or from the end of the contractual or commercial relationship. These times may be extended in the event of a dispute or due to special contractual provisions.

10.3.3 Purposes for the pursuit of a legitimate interest (pursuant to Article 6 (1f) of the GDPR) Please note that the data provided may be processed for the protection of the legitimate interests of the owner and in particular for: a) Limited to online sales -line, carrying out checks aimed at preventing fraudulent activities through the use of credit cards; b) Intercompany reporting and internal controls; c) Carrying out checks and surveys relating to purchases made and services used, with particular reference to customer satisfaction, to improve the quality of the services offered. The retention period of personal data, in relation to the purposes referred to in this section is: For the purpose: a) within 24 months from the purchase or from the signing of the stipulated contract. For the purpose: b) up to 10 years from the purchase or from the end of the contractual or commercial relationship. For the purpose: c) within 72 hours of the purchase or signing of the stipulated contract.

10.3.4 Recipients or categories of recipients of personal data (pursuant to Article 13 paragraph 1 (e) of the GDPR) Within the scope of the aforementioned purposes, the Data Controller may communicate your data to: – offices and internal functions of the Data Controller himself ; – third-party companies specifically appointed to carry out checks relating to credit card data; – suppliers that provide services, such as in particular, companies that provide IT services, including hosting services; – companies that perform commercial services in favor of Massimiliano Forleo with particular reference to the management of “data entry”, transport and delivery.

10.3.5 Rights of the interested party (ex. Art. 13 paragraph 2 (b) of the GDPR) The interested party can assert the following rights: right of access of the interested party [art. 15 of the EU Regulation] (the possibility of being informed about the processing carried out on one’s Personal Data and possibly receiving a copy); right to rectification of your Personal Data [art. 16 of the EU Regulation] (the interested party has the right to rectification of inaccurate personal data concerning him); right to the cancellation of one’s Personal Data without unjustified delay (“right to be forgotten”) [art. 17 of the EU Regulation] (the interested party has, as well as will have, the right to have their data deleted); right to limit the processing of your Personal Data in the cases provided for by art. 18 of the EU Regulation, including in the case of unlawful processing or contestation of the accuracy of Personal Data by the interested party [art. 18 of the EU Regulation]; right to data portability [art. 20 of the EU Regulation], the interested party may request their Personal Data in a structured format in order to transmit them to another holder, in the cases provided for by the same article; right to object to the processing of your Personal Data [art. 21 of the EU Regulation] (the interested party has, as well as will have, the right to object to the processing of their personal data); right not to be subjected to automated decision-making processes, [art. 22 of the EU Regulation] (the interested party has, as well as will have, the right not to be subjected to a decision based solely on automated processing).

Further information about the rights of the interested party can be obtained on the website https://maxforleo.com/ or by requesting the Owner an integral extract of the articles referred to above. With regard to the purposes, for which consent is required, the interested party can revoke his consent at any time and the effects will start from the moment of revocation, without prejudice to the terms established by law. In general terms, the withdrawal of consent has effect only for the future. The aforementioned rights can be exercised according to the provisions of the Regulation by also sending an email to the following address info@dezignart.it. In compliance with art. 19 of the EU Regulation, the Data Controller proceeds to inform the recipients to whom the personal data have been communicated, of any corrections, cancellations or limitations of the processing requested, where this is possible. To allow for a more rapid response to your requests formulated in the exercise of the aforementioned rights, the same may be addressed to the Data Controller by addressing the same to the addresses indicated in point 1.

10.3.6 Right to lodge a complaint (art. 13 paragraph 2 (d) of the GDPR) The interested party, if he believes that his rights have been compromised, has the right to lodge a complaint with the Guarantor Authority for the protection of personal data, according to the methods indicated by the same Authority at the following internet address: http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524 or by sending a written communication to the Guarantor Authority for the protection of Personal Data, Piazza Monte Citorio n.121, 00186 Rome.

10.3.7.1 In case of fulfillment of legal or contractual obligations We inform you that if the processing purposes have a legal or contractual (or even pre-contractual) obligation as their legal basis, the interested party must necessarily provide the requested data. Otherwise, it will be impossible for the Data Controller to proceed with the pursuit of the specific processing purposes.

10.3.7.2 In case of pursuit of legitimate interest Likewise, with regard to the purposes based on a legitimate interest and which do not require consent, the opposition of the interested party involves or will involve the impossibility of proceeding with the realization of the respective purposes and any services connected, for which respectively the interested party has opposed, except for prevailing binding legitimate reasons or aimed at the protection of rights in court. When the data are no longer necessary to pursue the purposes indicated above, these are regularly deleted, if their cancellation proves impossible or possible only in the face of a disproportionate effort due to a particular storage method, the data cannot be processed and must be stored in inaccessible areas.

10.3.8 Existence of an automated decision-making process (including profiling) The use of purely automated decision-making processes as detailed by Article 22 of the GDPR is currently excluded. If in the future it is decided to establish such processes for individual cases, the interested party will receive a separate notification if this is required by law or an update of this information.

10.3.9 Processing methods Personal data will be processed in paper, computerized and telematic form and inserted in the relevant databases (customers, users, etc.) which can be accessed, and therefore become aware of them, by the employees expressly designated by the Data Controller as Managers and Authorized for the processing of personal data, who will be able to carry out consultation, use, processing, comparison and any other appropriate operation, even automated, in compliance with the provisions of the law necessary to guarantee, among other things, the confidentiality and security of the data as well as the accuracy, updating and relevance of the data with respect to the stated purposes.

ARTICLE 11 – APPLICABLE LAW, JURISDICTION.

11.1 – If the Customer acts as a consumer pursuant to Article 1, the law of the country in which the Customer has his habitual residence shall apply to all legal relations between the parties, excluding the United Nations Convention on Contracts of international sale of movable goods. The exclusive jurisdiction for all disputes arising from this contract is the place of the registered office of Massimiliano Forleo.

11.2 – If the Customer acts as a professional pursuant to Article 1, the law of the country in which Massimiliano Forleo has its registered office shall apply to all legal relations between the parties, with the exclusion of the United Nations Convention on Contracts of international sale of movable goods. The exclusive jurisdiction for all disputes arising from this contract is the place of the registered office of Massimiliano Forleo.

ARTICLE 12 – FINAL CLAUSE.

Should individual clauses of this contract not apply, regardless of the reason, this will have no effect on the effectiveness of the remaining clauses.