Terms and Conditions

ARTICLE 1. SCOPE

The general conditions of sale detailed below (hereafter designated “General Conditions”), govern the contractual relations between each user of the site cesura.it (hereafter designated the “User” or “You”) and the commercial brand Cesura belong to the Associazione Culturale Cesuralab, located at 6, Via Del Campo Sportivo, 29010 Pianello Val Tidone (PC), Italy, (hereafter designated “Cesura”).

These general conditions of sale are the only applicable and replace all other conditions, except preceeding derogation, explicit and written. Cesura can punctually modify certain of the dispositions of its general conditions, also it is necessary that these be reread before each visit to the site Cesura.it (hereafter designated” Site “). These modifications are opposable starting from the date of their instatement online (the date of their instatement online figuring at the end of the present conditions) and cannot be applied to contracts concluded anteriorly. Each purchase on the Site is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. In accessing the Site, you commit yourself to respect the present conditions. It is specified that the present conditions govern the sales of the books, the photographs and frames and any other product or service of Cesura (the “Products”) on sale on the Site. These conditions are applied, at the exclusion of all other conditions, notably those in vigor for the sales in Cesura (hereafter designated the ” Galleries “) or in the companies which distribute the Products of Cesura.

ARTICLE 2. UTILIZATION OF SITE

To use the Sit (the shop section), You must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Conditions. You guarantee the truth and exactitude of the information provided by Yourself, on this Site. Cesura reserves itself the right to annul or to refuse the order of a client with whom there would exist a litigation relative to the payment of an anterior order. The Site is available in the English language.

1) ESSENTIAL CHARACTERISTICS OF THE PRODUCTS

The products sold on the Site are books numbered and in limited edition, photos, posters, gadgets and Cesura gift certificates. Each product is accompanied by a text description. Gift vouchers can be used up to their full amount. The gift certificates are non exchangeable and non reimbursable.The prices are indicated excluding taxes and shipping fees. The currency in which the prices are indicate is Euro.

In the case of a delivery to a country other than the Eu, the customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded.

These duties and sums do not result from the jurisdiction of Cesura. They will be at your charge and result in your entire responsibility as much in terms of declarations as in the payments to the authorities and the competent organizations of your country. We advise you to inform yourself about this according to your local authorities.

Cesura reserves the right to modify its prices at all moments. The products /works will be billed on the basis of the price list in vigor at the moment of the registration of orders, under the reserve of availability. The works rest the property of Cesura until the complete payment of the indicated prices.

2) TO EFFECT AN ORDER

To effect an order, You should at list  pass through the following steps:

• Consultation of the information page presenting the products. The state of stock is indicated (e.g. in stock / available in a few days / in preorder available for 1 month / soldout). You must click on « Add to cart» in order to add this article to your shopping cart.

• Screen « Shopping cart» you have the possibility to delete an article or to modify the quantities ordered.

• Screens of identification or of the creation of a client account.

• Screen of the choice of the mode of delivery. On this screen a link is offered to you to modify the articles of your order.

• Screen of summary and choice of payment. This screen allows you to choose your mode of payment and to verify the different elements constituting your order (articles, quantity, mode of delivery, total price). You must insure that all these elements are in conformity with your order. Because of the links on this screen, You have the possibility to modify your order.

• You must afterward accept the general conditions of sale and of utilization of the Site in order to pass to the payment step. The conditions are available for reading and for printing from the link « general conditions of sale ». Their acceptation is effected in checking the box attached to the link to these conditions. The general conditions of sale and of utilization of the Site must be accepted at each order.

• You pay for your order by the method of payment chosen(paypal and all major credit cards)

• The contract is concluded upon the confirmation of the payment by the bank.

• The Site sends you a confirmation of your order by email in the minutes that follow.

3) METHODS OF PAYMENT

The modes of payment are offered to you to pay for your order on the Site are:

• All Major Credit Cards, Visa and Mastercard.

• Paypal

4) SECURITY OF PAYMENTS

For the payments by credit card, the transaction is effected by Cybermut, the system of payment of Banca Intesa San Paolo, on the site of Intesa San Paolo. The bank information of the User is encrypted (SSL technology, Secure Socket Layer). It does not circulate freely on the Internet and cannot be intercepted. Your bank information (number of card, expiration date….) is not communicated to Cesura.

5) PROOF

The information registered by the Site constitutes the proof of the entirety of transactions effected between the Site and its clients. The information registered by the system of payment Cybermut of Crédit Mutuel constitutes the proof of financial transactions.

6) DELIVERY

Processing of orders

The items are shipped in batches about once a week. From then, national deliveries take about 48 hours, and international ones take about 5-14 days.

Cesura delivers almost all over the world. The delivery will be effected to the shipping address that you will validate at the moment of the order as being the «shipping address», this address being able to be different from the «billing address».

Change of shipping address after the effectuation of the order is possible only if your items has not been yet shipped. You can contact us at at shop@cesura.it. 

Modes of deliver and transit times

The possible modes of delivery depend on the quantity, the size of the article(s) ordered and the destination country. If your order comports articles of different sizes, it is the size of the largest article that is taken into account. Cesura reserves for itself the right of the choice of the transporter.

The delivery date depends on the state of the stock, the date of expedition of the order and the transit time for delivery established by the mode of delivery.

The delivery of items « in stock » will be effected in the indicative transit times mentioned, and at the latest 14 days following the ordering, except in the case of a force majeure.

The respect of the transit times depends on our transporter. In consequence, no request for indemnification, whatever nature it may be, will be able to be claimed by the client.

Shipping fees

The shipping fees vary according to the destination and the mode of delivery as well as the number and the format of the works ordered.

Items for shipment to countries outside of the European Union may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is responsible for all Import Fees. With respect to each item for which Import Fees have been calculated, you authorize Cesura to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item. You further agree that the Designated Carriers may disclose to Cesura the amount of actual Import Fees levied on the item you have purchased from Cesura. In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order.

Reception of the delivery

At the time of reception of your order, it is your responsibility to: – Ensure that if the packaging is damaged you refuse the package or note your reservations on the delivery slip prior to signing it – Open the package to check the state of the products. In the event of a problem, please contact us at shop@cesura.it within 7 days, with photographic proof of the incident.

If you do not personally receive the package, ask the person in charge of receiving the package to verify it.

Order Form: When you receive your order, it is your responsibility to verify the state of the packaging as well as the item(s) and to note any reservations you may have on the delivery slip.

In the event of a problem, please contact us at shop@cesura.it

7) RIGHT OF REVOCATION

In conformity with the article L121-20 of the code of consummation, You dispose of a right of revocation for the return of a product that does not suit you. This right is not applied to gift certificates.

7) RIGHT OF REVOCATION AND RETURN

Return Policy

If you are unhappy with any product you purchase on this website for any reason, you may return it to us in its original condition within 14 working days and we will provide a full refund (excluding delivery costs). If the reason for the return is the result of our error, or if the item was damaged before it reached you, we will also refund delivery costs. To be eligible for this, please keep all original packaging material and send us an email at shop@cesura.it within 7 days of receipt, stating your name, address, e-mail address, the order number and a specification of which items that the return relates to. If the item is damaged, include description of the damage and photos. In this case, we will also refund the delivery costs.

To make a return please send your item back to the following address:

Cesura, Via del Campo Sportivo 6, 29010 Pianello Val Tidone (PC), Italy

The item should be securely wrapped along with your delivery note and a letter explaining the reason for the return. Please bear in mind that you are responsible for any damage incurred to items during the return shipment. We therefore strongly recommend that you send the products well packaged, in good condition and in their original box and/or packaging. We also recommend that you use a recorded delivery service and delivery confirmation. Should we not receive your return, we will not be able to issue a refund.

Refunds

Once your return is received, we will send you a confirmation email along with the approval or rejection of your refund. If approved, we will refund the amount on your original method of payment.

Late or missing refunds

If you haven’t received a refund yet, first double check your account. Then contact your credit card company, as it may take some time before your refund is processed.

If you have not received your refund, please double check with your card company first, then contact us at shop@cesura.it. Bear in mind that shipping costs are non-refundable, and the cost of return shipping will be deducted from your refund.

9) CUSTOMER SERVICE AND CLAIMS

For any information or question, you can contact Cesura at this email shop@cesura.it or read our Faqs. We will be very happy to give all the information that you wish about our works and your order.

ARTICLE 3. FORCE MAJEURE

In application with the article 1148 of the Code Civil, Cesura will not be able to be responsible or considered as having committed misfeasance in the processing of your file, if any delay or inexecution result from a case of force majeure.

ARTICLE 4. PROTECTION OF PERSONAL INFORMATION

Pursuant to the amended French act n° 78-17 of 6 January 1978, pertaining to information technology, data files and civil liberties, to the European regulations on protection 2016/679 pertaining to the protection of natural persons with respect to the treatment of data of a personal nature and the free circulation of said data, cesura.it informs the User of its commitment to compliance with the confidentiality, integrity, and security of the data that the user communicates to us through use of the Website.

Any data of a personal nature identifying you directly (notably your surname, first name, postal address, email address, telephone number) or indirectly (notably the computer records left by your navigation on the Website) will be considered confidential data and treated as such, subject to the evolution of the legal framework as to the qualification of data of a personal nature.

4.1. TREATMENT OF DATA CONCERNING THE SERVICES —> non c’è già con privacy?

4.1.1 TREATMENT

The subscription, access and/or use of certain Services involve the processing of personal data, which you hereby accept. The director for the processing of users’ personal data is contained in section 1.1 of these general terms and conditions of use.

In charge of this treatment, Cesura, whose head office is located at 

Via Del Campo Sportivo 6, 29010 Pianello Val Tidone,PC, Italy

is aware of the trust that you have accorded us by confiding your personal information for the use of its services. Cesura believes the confidentiality and security of your personal information to be of the utmost importance.

Cesura thus agrees to respect the present confidentiality policy that you tacitly accept by using its services.

4.1.2 DECLARATION OF THE TREATMENT OF NOMINATIVE INFORMATION

The automatic treatment of nominative informative was declared to the Commission Nationale de l’Informatique et des Libertés under number 1280165.

Pursuant to the Loi Informatique et Libertés [Information Technology, Data Files And Civil Liberties Act] of 6 January 1978, you have a right of access, modification, rectification, and deletion of your personal data. You may exercise this right by writing to us at the following address

CESURA, Via Del Campo Sportivo 6, 29010 Pianello Val Tidone (PC), Italy

You may also consult or modify your personal data in your customer account on cesura.it

4.1.3 NATURE AND PURPOSE OF THE PERSONAL DATA

By using our site or our services, the User communicates to Cesura information or data, some of which are of a nature to directly or indirectly identify the User.

The data collected comes from the voluntary supply of their information by users wishing to access or use a Service requiring such processing, from the digital traces left by their navigation on the Website, or from the transmission by one of the partners to the other partner of the data thus collected.

This data may be used for the purposes of managing operations performed on the Website and commercial actions by cesura.it

This data is also used:

– For the creation and management of users’ accounts;

-For the provision of Cesura services; ;

– For follow-up with users;

-To communicate requests for information emitted by the User to the freight carriers;

The User’s personal data collected by Cesura may be their:

-First and last names

– Email address

– Telephone number

– Postal address

– Internet Protocol (IP) address

– Username and password

-A copy of the exchanges between Cesura and the User

– Information relative to the User’s navigation and activity

– Information relative to the User’s geolocation

MONITORING TOOLS AND APPLICATIONS

Cesura uses the following tools:

Google Analytics: (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) monitoring and quantitative and qualitative analysis of traffic;

-Stripe (510 Townsend Street, San Francisco, CA 94103, USA) for managing payments via Credit Cards;

– Sending Blue (55, rue d’Amsterdam, 75008 Paris – France) tool for sending out newsletters;

-Paypal (PayPal (Europe) S.a.r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349), L-2449 Luxembourg): tool for managing Paypal payments

You accept that these be used and/or communicated according to the terms and conditions herein specified.

If you contact us by telephone, the conversations may be heard and recorded for the purposes of security and training. These recordings will be conserved for a 6-month period.

4.1.4 LEGAL BASIS OF THE PROCESSING

Pursuant to section 6.1 of the Règlement Général sur la Protection des Données et des CGU that the User has accepted, s/he is informed that the various data processing operations are required for the performance and fulfilment of the contractual obligations arising from the services offered by the company.

4.1.5 DURATION OF THE CONSERVATION OF DATA

Personal data is deleted or archived five years after your last use of our portal or our services.

This data may also be conserved for an additional 10-year period in the archival database, with restricted access, in order to respect the legal and statutory obligations incumbent on Cesura.

ARTICLE 6. INTELLECTUAL PROPERTY

1) RIGHTS CONCERNING THE WORK

The artist, because of having taken the initiative of his creation, remains the bearer of the rights of author of his or her work, as defined by French law. The rights of representation and of reproduction of the works presented on the site cesura.it belong to their authors and to Cesura. Their conjoint authorization is necessary for all exploitation of these rights. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction.

2) INTELLECTUAL PROPERTY RIGHT

All the elements present on the site and the site in itself are protected by the right of the author, right of trademarks, of designs, and models and/or all other intellectual property rights. By item, which we understand to be non-exhaustive: the photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs…These articles belong to Cesura or are utilized with the permission of their owners. Therefore, all reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorization of Cesura, besides the exceptions endorsed in the article L 122.5 of the Code de Propriété Intellectuelle, under the pain of constituting a breach in the copyrights of the author and/or of designs and models and/or of trademark, punished by two years of imprisonment and a 152 449,02€ fine

ARTICLE 7. JURISDICTION

The present conditions are governed by Italian law. They are available in the language of the consultation of the Site (English). In the hypothesis that litigation would be born out of the present contractual relation, the User and Cesura commit before any judiciary action to search an amiable solution. In the case of litigation, only Italian tribunals will be competent.