Terms & Conditions

Seller & Regulations

Via Medaglie d’oro 17
62100 – Macerata

General business conditions of [ THE CIRCUS ART ] shop and instruction regarding the cession of rights.

1 General information

  • Private partnership [ THE CIRCUS ART ] conducts an online store on the address http://www.thecircusart.it, which offers paintings and portraits. The private partnership [ THE CIRCUS ART ], being the owner and administrator of the web site, is also a party to an agreement for all legal and natural persons wanting to purchase goods in this way.
  • All relations resulting from an agreement between [ THE CIRCUS ART ] and customers are subject to general business conditions of [ THE CIRCUS ART ]. Eventual deviations are considered exclusively in the case of having been previously confirmed by [ THE CIRCUS ART ] and the customer in a written form, or having been explicitly defined in these general business conditions. The verbal obligation of the supplier, its representatives or other authorized persons, to be considered credible need a written confirmation issued by [ THE CIRCUS ART ] . These general business conditions were translated to a few other languages due to international business contacts of the supplier. In case of any deviations from the original Italian text in the translation, the content of the Italian text is valid.
  • The customers undertakes to state full and true information in the order form (name, place of residence etc.). In case of supplying false data, the customer is responsible for the resulting damages.
  • If any clause of these general business conditions has lost or will loose its validity, the remaining clauses will be valid all the same.

2 Registration of users

  • Registration in the system is free of charge and takes place at the moment of purchasing a product. The customer is not entitled to request access to our system. Purchases can be made exclusively by persons capable of taking legal actions. The customer undertakes to present a copy of his ID if requested. In order to gain access, one should fill out the electronic application form placed on the web side, and remember about giving full and true data during registration.
  • Apart from the acceptance of these general business conditions, the registration is not subject to any other obligations. The record can be cancelled at any time.
  • In case of a change of personal details, their update should be conducted individually by the user. Any changes are possible only after registering online in the section “Customer area”.

3 Conclusion of the agreement

  • Paintings and any other products presented by [ THE CIRCUS ART ] in the Internet and other media do not constitute an offer, but only an invitation for the customer to present a purchase offer (invitatio ad offerendum). Purchase offers may be placed through online purchase forms prepared by [ THE CIRCUS ART ] .
  • Offered articles constitute only model themes. Thanks to this the customer does not receive the original painting, but only a copy consistent with its theme prepared on a chosen medium and according to selected technique. After the receipt of proof of payment the offered products are painted according to individual customer order and/or subject to adjustment if needed. In case of paintings, the customer receives a hand-made copy of the indicated theme consistent with the original. In case of prints on canvas the customer receives a print of the indicated theme on the canvas on the chosen background. Not all themes are available in the form of hand made paintings. Such themes have been marked in the system; therefore manual choice of hand made paintings is not possible.
  • Each article has to be configured according to the customer’s individual wishes. All the prices are incl. VAT and excl. Shipment.
  • Hand made paintings are usually done with acrylic paints.
  • Order is deemed to be accepted at the moment of direct delivery i.e. passing the product on to a forwarder / courier /post office.
  • The agreement is not separately stored by [ THE CIRCUS ART ]. The data regarding the order is made available to the customer in a confirmation received via email. Currently the general business conditions are available on the web page shop.thecircusart.it.
  • Orders placed by the customer are accepted with consideration for currently valid conditions and prices. The price valid at the moment of the delivery of the order by the customer is binding for issuing the invoice. All stated prices include the VAT (currently in Italy it amounts to 22%) and the costs of dispatch.
  • Together with the changes of the [ THE CIRCUS ART ] web pages all stated prices and other data relating to the goods become invalid.
  • The offer is available exclusively at a defined time and in defined quantity. In case of the limit of the offer or expiry date being exceeded, one cannot claim the right to the delivery.

4 Payment

  • Payments for goods can fundamentally be made in the form of a prepayment by credit card, in the form of a bank transfer or in the PayPal system.
  • Payment by cheque or cash is not possible.
  • Your bank account or credit card will be charged in the moment of placing an order.
  • [ THE CIRCUS ART ] reserves the right in individual cases to the acceptance or the refusal of accepting certain forms of payment.
  • We are not responsible for sending cash by mail.
  • [ THE CIRCUS ART ] reserves the right in individual cases to the acceptance or the refusal of accepting certain forms of payment.
  • In case of the customer is behind with payment, he undertakes to incur responsibility for negligence. The customer also incurs responsibility for the service when the damage occurred in case of timely rendering of the services.
  • In case of a delay, interest should be counted up to the price of purchase. The interest rate amounts to 5% above the basic interest rate. In case of orders without the consumer’s participation, the interest rate amounts to 8% above the basic interest rate.
  • Claims in case of more damage occurring are not excluded.

5 Delivery

  • The goods are delivered exclusively until the stock is out. In case of the delivery of a product or a group of products is not possible, [ THE CIRCUS ART ] undertakes to immediate notify its customers about this fact. If the customer has paid for goods, their value will be returned immediately.
  • A delivery takes place through dispatch of goods to the customer to the indicated address. The deadline of the realization of the order as a rule amounts to 48h-14 working days from the moment of confirmation of the receipt of the full sum. If different settlements were not made, this data is not binding.
  • The delivery takes place in accordance to costs of the order and costs of the dispatch stated in the internet order. If the customer requests a special kind of dispatch, which is connected to higher costs of dispatch, he undertakes to bear those additional costs. Costs of packaging and costs of dispatch are different in every country and are in force on mainland exclusively. In case of islands there are additional payments in force, which should be asked about in advance.
  • Packaging for the time of transportation and all other packaging are not subject to return, according to directives relating to packaging. A party to the contract undertakes to appropriately dispose of the packaging at its own cost.
  • The flat-rate costs of the dispatch are calculated for every ordered product regardless of the value and the quantity of the order.
  • In case of a foreign dispatch to a country which does not belong to the UE, the recipient undertakes to bear all customs duties valid in the given country, including customs control fees.
  • In case of a delivery of goods not fulfilling the provisions of the agreement caused by our fault, the customer undertakes to grant us an additional deadline of realization of the order amounting to 2 weeks. In other cases the customer does not have the right to renounce from the contract.
  • Personal collection of goods is not possible.

6 Damages formed during the transportation

  • Goods delivered to the customer possessing visible damages of packaging or content should be claimed to the forwarder / the courier. Acceptance of such goods should be refused contact by email, fax or post with [ THE CIRCUS ART ] should be established immediately.
  • [ THE CIRCUS ART ] should be informed immediately in case of finding hidden defects.
  • Shortening the legally valid deadlines relating to the prescription of claimed damages is not related with present regulations.

7 Limitation of responsibility

  • [ THE CIRCUS ART ] bears responsibility for all damages other than these resulting from injuries of the body, health damages and threat of life only in the case, when these damages resulted from acts caused purposely or resulting from gross negligence or infringement by [ THE CIRCUS ART ] or persons acting in the name of its considerable obligations. Responsibility for damages outside this scope are excluded. The provisions of the Italian Act on responsibility for the product remain intact.
  • Considering the present state of technique we cannot ensure faultless and permanently accessible communication via internet. We do not incur responsibility for the permanent access to our online system, neither for technical and electronic mistakes created in the process of making the purchase, which do not have any influence on, and in particular for delayed elaboration or acceptance of orders.

[ THE CIRCUS ART ] makes available on its web pages the links to other sites in the net. All these links are covered with the principle: [ THE CIRCUS ART ] firmly declares that it has no influence on the appearance and content of these sites. That is why the company also declares that it does not treat the sites were to which links were given on www.thecircusart.it as its property. This declaration relates to all showed links and their contents.

8 The right to renouncement from the conditions of the contract

Right of withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.To exercise the right of withdrawal, you must inform us:

Via Medaglie d’oro 17
62100 – Macerata

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us:

Via Medaglie d’oro 17
62100 – Macerata

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Withdrawal form

(complete and return this form only if you wish to withdraw from the contract)
Via Medaglie d’oro 17
62100 – Macerata

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate

9 Warranty

  • For all products in our store, there is a legal obligation to ensure conformity of the goods with the contract.
  • The warranty is in force for two years. In case of legal actions in which the consumer does not take part or in case of purchase of used items, the warranty amounts to one year.
  • [ THE CIRCUS ART ] does not bear responsibility for insignificant deviations of goods delivered from the ones offered. In case of hand made paintings the insignificant deviations of colours in comparison with standard motives, as well as deviations resulting from different format, quality of paper, material and surface are not technical and entirely possible to be avoided in the process of production. Such deviations do not authorize to file complaints.
  • Materials generally available in the sector are used for the realization of products offered by [ THE CIRCUS ART ]. In case of acrylic paints, prints, materials, resistance to light etc. the responsibility is in force exclusively in the range of the average durability of given products.
  • The customer undertakes to file complaints relating to incorrect deliveries and visible defects of goods within two weeks since the moment of delivery of goods via e-mail, fax or post.
  • The period of warranty amounts to one year and begins on the day of receipt of given goods by the customer.
  • If the purchase of goods is a trade transaction for both parties, the customer is obliged, whenever possible, to check the goods immediately after the receipt. In case of finding defects, the customer should show them immediately. If the customer did not show defects, the goods are considered to have been accepted, unless that defect was not visible during checking the goods. If the defect appears at a later time, it should be notify immediately after detection, otherwise goods are deemed to have been accepted. These settlements do not relate to the situation, when the defect was concealed on purpose, in order to obtain consumer rights it is enough to timely send information about the affirmed defect.
  • If [ THE CIRCUS ART ] delivers an item free from defects as a supplement of the realization of delivery, it can demand from the customer to return of defective goods according to guidelines.
  • Damages formed as a result of customer’s incorrect actions or actions inconsistent with the contract performed during connecting, operating or storing the goods, do not constitute the basis for filing claims against [ THE CIRCUS ART ]. Actions which are incorrect or inconsistent the contract are defined in information passed by the manufacturer of goods.

10 Reservation of ownership

  • Delivered goods remain the property of [ THE CIRCUS ART ] until the moment of paying the full amount.
  • As soon as the customer sells the goods which constitute the property of [ THE CIRCUS ART ], he undertakes to take over the responsibility for claims resulting from the reservation of ownership.
  • The customer undertakes to immediately report the effort to take over the goods which constitute the property of [ THE CIRCUS ART ] by third parties.
  • Pledge, transfer of property etc. towards goods constituting the property of the company is possible upon a prior consent of [ THE CIRCUS ART ].
  • If the customer, breaching the provisions of the contract, is behind with payment and has not made the payment after the receipt of reminders, he undertakes to hand out the goods to [ THE CIRCUS ART ]. The customer bears the costs connected with the return of goods.

11 Renouncement

  • [ THE CIRCUS ART ] has the right to the renouncement from the contract, if part of the delivery or service remained realized due to supplying untrue data relating to credit abilities of the customer or if objective reasons appeared resulting from the financial liquidity of the customer and the customer, despite the demands of [ THE CIRCUS ART ], did not execute a prepayment nor supplied appropriate securities, and also in the case when the customer declared insolvency or the application for opening insolvency proceedings was rejected due to lack of property cover.
  • Regardless of claims of [ THE CIRCUS ART ] for damages, in case of partial renouncement from the contract the services realized hitherto must be settled and paid according to actual status as of the day of the renouncement from the contract.

12 Protection of data

  • Personal details of the customer supplied to us (sex, surname and name, address, date of the birth, e-mail address, telephone number, fax number, number of bank account, number of credit card) are processed in accordance to the act on personal data protection.
  • If not necessary for explanations, change or changes in the content of the contract, personal details of the customer supplied to us will be used exclusively for the realization the undersigned purchase-sale contract, for example for the delivery of goods to the indicated address. Using customer’s data for advertising or marketing purposes or for preparation of offers by us requires the explicit consent of the customer, who has the possibility to grant consent prior to placing the order, such consent is granted voluntarily and such declaration can be found on our web sites, a renouncement from the granted consent is also possible at every moment.
  • Personal details of the customer supplied to us which are necessary for us to realize the orders placed will be used exclusively for the realization of purchase-sale contracts signed between us. User’s details are special features allowing to identify users, defining individual deadlines and the scope of the given use, and also describing telecommunication services used by the customer. User’s data will be processed by us for advertising purposes, for execution of market research, in order to improve our telecommunication services and for creation of profiles of users usually appearing under a pseudonym. The customer has the right to refuse his consent for the use of his data in this way.

13 Online dispute resolution for consumers

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link http://ec.europa.eu/consumers/odr/. The Owner is available for any questions via the email address posted under the Owner’s information in this document.

– See more at: http://www.dep-online.com/shop/en/content/1-conditions#sthash.lI5UPfUb.dpuf

14 Copyright

  • Products sold by[ THE CIRCUS ART ] are subject to copyrights worldwide. The customer or third parties are not authorized to produce, disseminate or publish [ THE CIRCUS ART ] products.
  • Data of the artist (author / authoress) should be supplied at each use of the work.
  • Each use of work and drawing income from it is possible after the prior written consent of [ THE CIRCUS ART ], which is granted exclusively for a definite time and for a defined purpose. The possession of the work or transfer of property – if not otherwise agreed – is not connected to any additional right of use or drawing income in the light of the act about copyright, this principle relates mainly to official exhibitions.
  • [ THE CIRCUS ART ] reserves the right to the demand appropriate fee for using and drawing the income from work.
  • If regardless of the provision in item 5.2 the consent was given for the organization of official exhibitions, then this consent is also granted for current information regarding the given work, this concerns also the right to duplicate the work on posters, invitations and in the Internet as well as in the catalogue prepared for the exhibition.
  • Documents left for use (pictures, slides, texts and others) can be published exclusively under a consent of [ THE CIRCUS ART ] together with stating the name of the firm shop.thecircusart.it