IMPORTANT NOTICE, READ IT CAREFULLY
This is a literal and non-committal translation of the Terms and conditions of use and sale of AVALON Comic Art Srls.
The wording in English is a free and non-committal translation. In case of dispute regarding the interpretation of the wording, the Italian version prevails.
Terms and conditions of use and sale of AVALON Comic Art Srls
This electronic document details the terms and conditions (hereinafter the “the Site Regulation”) on the basis of which AVALON Comic Art Srls (hereinafter “the Company”), in name and on behalf of the comic artists indicated in the site, acting as their agent pursuant to the articles 1703 and 1704 of the Italian Civil Code, provides the site users with the possibility of purchasing drawings, illustrations and original drawings of comic books, or to commission drawings to the comic artists, through its website.
We urge you to read carefully the Site Regulations before purchasing, booking or formulating any offer in respect of any goods traded on this platform, since the concerned transactions fall under the discipline of these Regulations. Placing Orders via the Site (now or in the future) constitutes acceptance of the Site Rules.
The Company reserves the right to modify the Site Regulations over time.
For the sake of completeness, it should be noted that any reference to the “Site” included in these Regulations comprehend all current or future versions of the Web page www.avaloncomicart.com, as well as any mobile application through which you have access to the site or to the Company’s services, and this independently by the fact that, in either cases, the access takes place through an existing platform or device or via a future platform or device.
The Preamble is an integral and substantial part of these contractual Regulations.
1.1. Information: the goods covered by these general conditions are offered for sale, in the name and on behalf of the comic authors and sellers, pursuant to the articles 1703 and 1704 and subsequent provisions of the Civil Code, by the company AVALON Comic Art Srls, having its registered office in Savona, Piazza Mameli 4/2 (VAT number 01808460099), registered in the Savona’s Company Register, having REA number: SV – 219661. Email: [email protected] hereinafter referred to as “the Company”.
The sales must be considered to have taken place between the seller and the buyer, it follows that the company AVALON Comic Art Srls does not assume any other responsibilities towards the buyers or third parties in general other than those deriving from its capacity as agent.
COMPANY: the entity indicated above, which is the entity providing the e-commerce service.
SELLER / S: the comic artists and / or the owners of the intellectual property offered for sale on the site.
USER / I: the person who use the Site to purchase the goods traded on it.
GOOD / I: drawings, illustrations, and original drawings of comic books.
SERVICE / I: the set of functions made available to the User through the Site.
SITE: the website www.avaloncomicart.com.
SYSTEM: integrated booking / purchasing system.
FEEDBACK: expression of opinion by the User regarding the service offered.
ORDER / I: the purchase or booking by Site Users through the System.
GENERAL CONDITONS OF USE AND SALE
2.1 Subject matter of the contract: The Company provides the users with an integrated system for the purchase or booking of original drawings, illustrations and original drawings of comic books, which are bought and sold in the state in which they are found, unless otherwise indicated. The original drawings, illustrations and original drawings of comic books offered for sale are the property of the comic artists and sellers indicated on the website pages or in the individual advertisements.
2.2. Navigation on the Site: Navigation in any area of the Site implies acceptance of these Regulations.
2.3 Amendment to the Regulations: the Company has the right to modify these Regulations at any time. It is recommended to periodically check the specific section of the Site as the rules contained therein must be considered binding for all Users. The latter are required to comply with the policies and regulations in force at the time they make a purchase or book for the products sold through the Web platform www.avaloncomicart.com
LEGAL STATUS OF THE USER OF THE SITE
3.1 Legal capacity and age: By placing an Order through the Site, the User declares:
- to have the legal capacity to act, necessary to conclude legally binding contracts.
- to be 18 years old.
3.2 Refusal of Orders: without prejudice to the above, Orders from, or made on behalf of, persons under the age of 18 will not be accepted. The age of the purchaser will be checked at the time of the purchase by requiring the personal tax code.
PRICE AND PAYMENT
4.1 VAT and delivery costs: The prices indicated in the Site do not include the VAT and the shipping costs are charged to the User.
4.2.Payment method: Any payment by the buyer can only be made by bank transfer or credit / debit card. At the time of purchase, the User will be asked to enter their tax code as proof of identity and age.
The Company is not responsible for any delays in processing payments and transactions by card or bank transfer. In accordance with provision 62 of the Consumer Code, the Company cannot charge costs the consumer for the use of certain payment means or charge fees that are higher than those that are charged to the professionals.
4.3 Rejected orders: Based on the ordinary banking procedures, once an Order has been placed, for which the User pay by credit card, the bank or the company that issued the credit card reserve the entire amount relating to the Order so-called “ring-fence”, guaranteeing that funds allocated for the Order will not be spent on anything else. If the Order is subsequently rejected or cancelled for whatever reasons, the bank or the company that issued the credit card will proceed to make the relative amount available again in the user’s account. This process may take several days (depending on the bank or company that issued the credit card). The User knowingly accept that the Company is not responsible for any delay by the bank or the company that issued the credit card in returning the funds to the User’s bank account.
5.1. General Provisions: in the event of technical issues or other problems that prevent or make booking or purchasing operations difficult, the User can contact the Customer Service by sending an email to [email protected]
5.2. Complaints and Feedback from Users: In the event that the User is not satisfied with the quality of any article or the Service provided, he / she can make his / her opinion known through the Website, in the form of ratings, comments and reviews (jointly referred to as “Feedback”) that reflect their experience. Written communications directed to the Company and any complaints will be considered valid only if sent by email to the following email address: [email protected] The User indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Company’s communications to be sent and has the right to modify the relevant data at any time.
5.3. Compensation: In the event that the User are not satisfied with the quality of any item or service provided and wish to request a refund, a proportional reduction of the price or any other form of compensation, they are required to contact the Company directly, in order to submit their complaint, in the manner described above, within 48 hours of delivery. The Company, as the agent of the authors / sellers of the works, will communicate the complaint to their Principals when they are their responsibility. The User is aware that the Company has no control over couriers and is unable to provide, nor does it assume any responsibility or commitment to provide compensation for facts attributable to the carrier except as provided for in art. X par. 10.4 of these contractual Regulations.
6.2. Restricted use: no part of the www.avaloncomicart.com website can be used, reproduced or stored in another website. It is not possible to incorporate any reproductions of the Site in any system or service, public or private, for the electronic retrieval of information without the prior written authorization of the Company.
6.3. Reservation of Rights: The rights not explicitly granted by the www.avaloncomicart.com website are reserved.
ACCESS TO THE SERVICE
7.1. Site Availability: Although the Company endeavors to ensure that access to the Site can take place round the clock (24h / 24), it does not assume any obligation in this regard and cannot be held responsible towards the User in the event in which the Site, at any time or for periods of any duration, is not available for access.
7.2. Access suspension: Access to the www.avaloncomicart.com domain can be temporarily suspended at any time, even without notice. It will be the concern of the owner of the web page to send the User, within a reasonable time, any communication concerning the suspension.
7.3. Cyber security: The User is aware that the transmission of information via the Internet is never completely secure. Although the Company undertakes to take all the measures prescribed by law for the protection of the information entered, it is unable to guarantee the security of the data transmitted to the Website; the transmission is therefore carried out at the user’s risk.
8.1. Use of Reviews: The Feedback left by Users on third parties’ sites (e.g. social networks such as Facebook and Instagram, used by the Company to encourage the development of its business) are for information purposes only and do not represent a suggestion by AVALON Comic Art SRLs. The reviews reflect the opinions of customers who have ordered through the Site or other third parties and any statement, advice or opinion provided by these subjects belongs exclusively to them. Except as provided by applicable law, the Company does not assume any responsibility or liability for compensation to any person in relation to reviews with defamatory content or containing obscenities, omissions or falsehoods.
8.2. Responsibility: The User undertake to indemnify the Company and / or the comic artists / sellers for any loss (and for all related costs) incurred, even by the latter, or asserted against them by another third party and which is derived from, or connected with, the ability to enter Feedbacks.
8.3. Communications to the administrative or judicial authority: the Company offers full cooperation to any competent authority that requests or requires to reveal the identity or position of anyone who publishes or transmits reviews that promote violence or discrimination, contain defamatory, obscene or offensive material, violating the intellectual property rights of third parties, lead to illegal activities, violate the privacy of third parties or give the impression of coming directly from the Company.
REDIRECT FROM AND TO OTHER SITES
9.1. Third party sites: Any redirects to third party sites on the web page www.avaloncomicart.com in the form of social plug-ins are provided exclusively for the convenience of users. The Company has no control over the sites other than the one through which it carries out and promotes its commercial activity or on the related content or accessibility and, consequently, assumes no responsibility in this regard. The Company does not approve or issue any guarantee in relation to the aforementioned sites, the material present in them or the results deriving from the use of the same. Anyone who decides to access a third party site whose link is present on the Site does so exclusively at their own risk.
10.1. Information provided on the Site: in consideration of the quantity of goods processed and offered to the public through the Site, the Company does not guarantee that the description or information contained in the individual announcements is updated and / or complete. AVALON Comic Art Srls is entitled to make at any time (however before the conclusion of the contract) and without notice, any modification to the material published on the Site or to the Services provided (think of the shipping methods) as well as the prices shown therein, with the only obligation to communicate the changes to the Users. Any event detrimental to the customer’s health caused by improper use of the products purchased on the Site or as a consequence of their materials or deriving from other circumstances of any nature, does not imply any liability on the part of the Company.
10.2. Disclaimer: in consideration of the type of items sold (drawings, illustrations and original comic strips), the Company is not required to guarantee that the goods have qualities suitable to the expectations of the Users nor that the goods themselves are free from defects or defects deriving from them from their normal use over time. By accepting this clause, the User renounces to take any action against the Company aimed at obtaining the reimbursement of the amount paid, the reduction of the price or the compensation for the damage for the hypotheses described except where provided , without exception, in the Consumer Code.
10.3. Exceptions: An exception is made to the clause referred to in the previous point, when the aliud pro alio (i.e. something for something else) rule set by the Italian civil Code applies and the provisions regarding serious defects (i.e. such as to render the good unusable with respect to its intended use). The goods traded, unless otherwise indicated, are offered for sale by AVALON Comic Art Srls in the name and on behalf of the authors and / or owners indicated in the individual advertisements on the site.
10.4. Transport service: In the event of damage caused by the carrier, the User can contact the AVALON Comic Art Srls reception via mail at [email protected], so that the compensation procedures can be activated according to the applicable laws in force. For this purpose it is recommended, if a damaged object is delivered, to sign the waybill exhibited by the courier with reservations. Otherwise, it will not be possible to make a claim for damages. Since it is in the buyer’s full right to check the goods before collection, if the courier does not allow such operations, the User has the right to sign with reservations specifying that the performance of the integrity checks of the goods has been prevented. For orders placed online, shipments can only take place following payment. The standard mode used is as follows: – Vector shipping – (a refund of 1 euro per kg is provided, as established by law 450/85 on vector transport).
10.6. Delivery times: the estimated delivery and collection times (7 working days for national shipments) are indicative only. There is no guarantee that the purchased goods will be delivered within the estimated times.
11.1. General provisions: Nothing in these Regulations affects the mandatory rights that the law grants to the users of the Site such as, by way of example and not exhaustively, the rights recognized to consumers pursuant to the Consumer Code.
11.2. Disclaimer: Without prejudice to the provisions of provisions 7 (par. 7.1), 9 (par. 9.1.) and 10, the overall responsibility of the Company and/or of the authors and/or sellers towards the Users in relation to any loss deriving from, or in connection with, the Service or the Site, be it on a contractual, extra-contractual basis, for breach of obligations arising under the law or for any other title, cannot, in any case, exceed the value of the goods that had been paid upon the purchase.
12.1. Termination causes: the Company has the right to terminate, pursuant to art. 1456 of the Civil Code, or suspend (at its discretion) the user’s right to use the Site or the Service, by communication via e-mail, in the following cases: – the User has used the Site in violation of provision 6 (License of use); – the User has published on the Site Reviews that violate the provisions of provision 7 (Feedback); – the User has violated any other essential provision of these Regulations.
RIGHT OF WITHDRAWAL
13.1. Right of withdrawal: the buyer has the right to withdraw from the contract, without penalty and without giving any explanation, within a period of 14 (fourteen) working days following the day on which the goods are delivered.
13.2. Modality of withdrawal: The withdrawal must be made by registered letter with return receipt sent to the operational offices of AVALON Comic Art Srls (Address: Largo delle Coffe 5/1 17100 SAVONA). Within the same term of 14 (fourteen) working days, the goods must be returned intact and packed with the same packaging used for delivery. The shipment is paid by the sender and is carried out under his own responsibility. The refund will be made, by bank transfer, no later than 14 (fourteen) days from receipt of the goods. This right cannot be exercised if the goods have been picked up in person or by own courier at the Company’s offices.
14.1. Communications: the current legislation requires that some information and notices must be communicated in writing. By using the Site or by booking or purchasing for any of the items offered for sale on the www.avaloncomicart.com platform, the user accepts that communications with the Company take place electronically. For contractual purposes, the User accepts these electronic communication methods and recognizes that all contracts, notices, information and other communications provided electronically by the Company comply with the legal requirement of the written form.
MISCELLANEOUS AND ADDITIONAL CLAUSES
15.2. Severability of clauses: If one or more terms or conditions of these Regulations are declared invalid, illegitimate or ineffective, in whole or in part, any other term, condition or provision, even if connected to those declared invalid or ineffective must be considered valid to the extent permitted by law.
15.3. Uniqueness of the agreement: These Regulations and any other document explicitly referred to therein constitute the whole agreement between AVALON Comic Art Srls and the User and replaces any previous negotiations, agreements, understandings or contracts between the parties in relation to the subject of the Regulation itself.
15.4. Waivers: Any failure or late implementation (in whole or in part) of any provision of these Regulations cannot be interpreted as a waiver by either party to assert their rights or remedies.
15.5. Assignment: the user of the Site cannot assign any rights or obligations provided for in these Regulations without the prior written consent of the Company. AVALON Comic Art Srls may assign any right or obligation provided for in this document to a company affiliated with it or to any company with which it associates to carry out the business activity, which it acquires or to which it is sold.
15.6. Referral: anything not expressly governed by these contractual regulations must be considered subject to the Italian Civil Code`s rules or the rules contained in the Legislative Decree. 205/2006, where applicable.
DISPUTES AND JURISDICTION;
16.1. Applicable law and Jurisdiction: these contractual Regulations are governed by the laws of the Italian Republic. For any controversy inherent in (or deriving from) this Contract or from its execution, the Court of SAVONA or that of GENOA will be competent at the discretion of the User.
In the case of a contract stipulated by a Consumer, the Court of the domicile or residence of the User will be competent in accordance with the provisions of the Legislative Decree. 206/2005. The User is informed that as an alternative to the judicial resolution of the dispute, both the User himself and the Company will be able to recur to the alternative dispute resolution procedures regulated by Italian Law and European legislation.