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If it could have been done better, it’s not a McMüller.

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Termini e condizioni di vendita

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ARS SACRA

Artworks by Italian artist

Andreas McMüller

This is the website of the Italian company of the artist, Shibusa s.a.s. which has VAT number and tax code 02720390351, REA RE-307385 and sells the works of sacred art made by him.

 

Read the Terms and Conditions of Sale for more info. 

Love will save the world.

 

...but we can all help, even you. 

 

The artist will use 10% of e-commerce revenues and your donations to donate his works to hospitals, retirement homes, churches, convents and diocesan operas.

 

General terms of sale 

 

1.    Scope of application

2.    Right of withdrawal

3.    Acceptance of the general conditions of sale.

4.    Obligations of the Client

5.    Request for a Quote

6.    Place an order on the site

7.    Payments.

8.    Availability and delivery of products.

9.    Warranty on Products and Materials.

10. Certificates

11. Return

12. Conditions of Return by Customer

13. Reimbursement

14. Privacy

15. Force majeure

16. Disputes

17. Legal notes

 

1. SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply to all purchases of products made at a distance through this website owned by the company SHIBUSA S.a.s. of Andrea Centrone & c. with head office in Via Pasolini, 8 - 42023 Cadelbosco di Sopra (RE) C.Fisc. e P.Iva IT02720390356-email:mcmuller@shibusa.art-tel.3460237906 Hereinafter referred to as "Supplier"

 

The following General Terms and Conditions of Sale

are an integral part of all our sales contracts.

 

The Supplier markets the products listed on its website to a professional clientele (gallery owners, entrepreneurs, professionals, dealers, retailers, etc.) and individual consumers (natural person acting for purposes not related to the professional activity carried out), hereinafter referred to as "Customer". In the case of direct sale to a "consumer" the relationship between the Producer and his Customer will be governed by the regulations for the protection of consumers, Legislative Decree of 22 May 1999, n.185.

 

2. right of withdrawal

The Customer, if qualified as "consumer", as indicated in point 1 and with reference to D.L. 22/05/1999 N.185, may exercise the right of withdrawal within 10 working days from receipt of the goods, returning at OWN EXPENSE the purchased material, IN COMPLETE PACKAGING, complete with original documentation and tax and transport documents received with the goods. Shipping costs are NOT REFUNDABLE.

Upon receipt of the aforementioned notice of withdrawal, the Supplier will proceed to enable the withdrawal by communicating via e-mail to the Customer the address to which he must return the product. The Supplier will reimburse the Customer, after verifying the integrity of the product, the amount paid, by bank transfer to the bank details that the Customer will provide, or at the choice of the Customer, to use the credit for a replacement or purchase of another item.

If the product is not intact, the item will be returned to the customer for collection, simultaneously canceling the withdrawal request.

For all other details on the right of withdrawal, please refer to D.L. 185 of 22 May 1999.

 

3. acceptance of the general conditions of sale

The Customer confirms the order unconditionally accepts and agrees to observe the general conditions of sale and payment indicated here, declaring that he has read and accepted all the information provided to him under the rules referred to above, Further noting that the Supplier is not bound by any other terms unless agreed in advance in writing.

 

4. obligations of the customer

The Customer, before confirming his purchases, is required to read carefully the General Terms and Conditions of sale that have been made available on the Site, in order to allow the storage and reproduction by the Customer himself pursuant to art.12 D.L. 9 aprile 2003, n.70.

By making the payment, the Customer declares that he has full knowledge of these General Conditions of Sale and their full acceptance.

The Customer is strictly forbidden to enter false and/or invented data in the registration process necessary to activate the procedure for the execution of this contract; personal data and e-mail address must be exclusively his real data. It is illegal and expressly forbidden to make double records corresponding to a single company/ consumer or insert data of third parties.

 

5.  request for a quote

Any request for a quote, sent by email, does not represent in any case "executive order of sale". Following such requests, the Supplier will act exclusively for the purpose of providing the information subject to the requests.

 

6. place an order on the site

A- The purchase of prints, pictures or any other product or service presented on this site is made by the customer of his own volition and is related to the products and services available as described in the relevant descriptive and technical sheets, whose details are however are indicative and not binding and may be varied by the supplier as a result of variations in available materials and techniques used by production laboratories, particularly but not exclusively with the intention of improving the Product or service itself.

SHIBUSA S.a.s. will do its best to ensure that the images of the Products and Services published on the Website, accompanying the Technical Data or Description of such Product or Service, represent as faithfully as possible the Products and Services offered for sale.

The colours of the Products may differ from the actual colours due to the settings of the computer systems or computers used by users for displaying them. The images of the Product or Service present in the Technical Sheet, moreover, could differ in dimensions or in relation to any accessory products.

For the purposes of the purchase agreement, the description of the Product or Service contained in the product description sheet and, if sent, in the subsequent order confirmation from the Supplier will be taken as valid, since the images are merely illustrative.

B- Important artistic and technical note concerning paintings and prints on any medium: being offered in multiple formats, the images published are indicative and the final products may for aesthetic reasons show slight variations in graphics or dimensions, particularly as regards the length of the shorter side, The average rate of change in the EU is around 15%.

C- The other services and products mentioned on the site such as coming soon, photography courses, personal photo services and corporate ones are not available through the site and are subject to other regulations.

D- All prices of the products are inclusive of VAT, for Italy and the EU countries for which VAT is due.

E- The additional costs of customs, packaging, transport and any cash on delivery are borne by the Customer, calculated according to the size and weight of the purchased goods and are communicated by the site during the purchase in e-shoptrade or in the order confirmation communication.

​F- In case of large sales with confirmation of the purchase, the Customer will be summarized the unit cost of each product chosen, the taxable amount, the amount of VAT, the transport costs, the total cost and the presumed delivery time. The confirmation of the purchase is made by the Customer through payment by bank transfer, PayPal or credit card of the order balance or the deposit by bank transfer of 50% and then pay before shipping.

G- As soon as the amount is received, the Supplier will send by e-mail the summary of the order and put into production the purchased work (or send it if it is already available); the Supplier’s subsequent communications will inform the Customer that its product has been made and is being prepared for shipment and the last delivery to the courier was made; this will include the tracking number and link to the courier’s site so that the customer can track the delivery of the work he has purchased.

H- The order is only validated after receipt of the balance.

I- The Supplier reserves the right to evaluate the acceptance of orders received, informing the Customer of the impossibility of accepting them within 72 hours from the working day following that in which the Customer has transmitted the order. In this case, the Supplier will reimburse any sums already paid by the Customer for payment of the supply.

L- It is emphasized that the goods ordered depends exclusively on the will of the Customer, therefore in no case should be refused the charge of the costs of transport and return and possible damages. The Supplier, in case the customer does not provide within 15 days to the compensation of transport costs, after notice by e-mail, will start legal proceedings at the expense of the customer. The order via internet is recognized as a normal commercial contract concluded by the buyer of his own hand.

 

7. payment

The payment of the products purchased and the related transport costs can be made by the customer both online (at the date of activation of this service) and offline.

The online payment is made using credit cards of VISA, MASTERCARD or through PAYPAL and Satispay, while off-line payment can be made by bank transfer.

 

Credit card

Credit cards of the VISA and MASTERCARD circuits, including VISA ELECTRON, POSTEPAY card of Poste Italiane and other cards accepted by PayPal are accepted.

The entire payment flow is made on secure WEB servers, directly on the bank or PayPal website. The data entered during the payment phase will be visible only to the bank/ PayPal, no other will have any way of knowing the credit card number. In case of payment by credit card, the delivery will not be made until the issuer of your credit card has authorized the use of the same for the payment of the ordered products. The Customer will be informed of any failure to receive the authorization described above. The Supplier reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.

Bank transfer

Payment by bank transfer must be received within 5 working days of placing the order. Beyond this date the order will be considered void. The reason to be reported on the bank transfer must indicate the number and date of the order confirmation, the company name or the name of the buyer, the coordinates for the payment are given in the e-bookorder confirmation email sent automatically to the Customer. It is understood that, if you choose the bank transfer, the goods will be sent only after having verified the credit of the balance at our c/ c bank.

Mark

Available only for lithographs, slate works and/or in case of direct delivery by the Supplier, payment by cash on delivery requires that the customer pays a deposit to the Supplier equal to 50% of the value of the entire purchased work, by the aforementioned transfer method, upon receipt of which the Supplier will start producing the goods ordered which, once completed, will be sent by courier or its own staff who will deliver it only against the balance of the order.

In case of non-collection, the conditions mentioned below apply to the delivery. The courier’s handling of the payment involves a fee that is to be borne by the customer, forfeited in euro 15.00 (fifteen).

Cryptocurrencies

It is not yet possible to buy the works of Andreas McMüller by paying for them with cryptocurrencies in an automated way. If there is an interest of the Client in this regard, please communicate it by writing to: mcmuller@shibusa.art for the agreements.

 

 

8. availability and delivery of products

The immediate availability of the products visible on the site as a sale of the works presented in it in the media proposed is considered null and void, since these are works of art usually made on commission, indicative but not necessarily within 15 days from the date of acceptance of the order.

There are some stocks or particular series that are available as printed and made in bulk and that are specifically mentioned on the site, but which are still subject to exhaustion without notice.

Unless otherwise agreed directly between client and artist, the products purchased on this site are delivered, to the address indicated by the customer as destination, by courier.

In the case of repeated impossibility of delivery of the order for no availability of the customer and subsequent failure to collect within 5 working days of the stock at the warehouses of the courier, the order will be automatically cancelled and all costs related to transport, stock and return to sender will be charged and retained from the refund of the payment.

The goods travel at the risk of the buyer. Any claims for damage or tampering during transport must be disputed directly and in writing to the courier and the Supplier. At the time of delivery, the Customer must verify the integrity of the packages, the seals and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancies (missing packages from what stated on the DDT, open packages, damaged packages, etc.) it must be reported on the accompanying document and within 48 hours by email to the Supplier. to the following address: mcmuller@shibusa.art

Deliveries of products will be made during all working days. The delivery of products by the Supplier may be split, without this entailing any liability for the Supplier. In the event that the ordered products are not in stock (even if they appear available on the site), the customer will be contacted by e-mail to inform him of the time required for the new delivery.

At the time of delivery, a signature of an adult over 18 years old will be required. No deliveries to mailboxes will be made.

For each order placed on the site, the Supplier issues a receipt or invoice of the goods sent by e-mail to the person who made the order. For the issuance of the receipt or attura are given the information provided by the Customer at the time of order. No change in receipt or invoice will be possible after the issue of the same.

As an indication, without any obligation for the Supplier and subject to availability on the market of products in addition to possible causes of force majeure, the goods will be delivered with the time shown on the Site at the time of purchase.

The delivery times are indicative and in any case to be considered valid if there are no physical or structural impediments (for example incorrect addresses or events of force majeure). The contribution for transport (or impalement and transport), to be added to the price of the products purchased, is that specifically mentioned in the list or in particular cases other communicated to the Customer by way of a quote.

It is possible that the package does not arrive in the time set or proposed on the site. In this case, the customer can contact the customer service of the Supplier at the dedicated e-mail address and open a file to locate the package. The Supplier is not liable for any damage or loss, direct or indirect, resulting from delayed or non-delivery of the goods.

 

9. warranty on products and materials

All products on our site are covered by the guarantee related to our certificates and, with respect to the materials used, the guarantee of the manufacturer and/ or our supplier or guest artist, according to the procedures established by the latter. This warranty is limited to the material or object sold excluding any other service as well as any compensation or compensation.

This warranty will apply to the product that has defects of conformity and/ or malfunction not found at the time of purchase, provided that the product itself has been used correctly and with due care, that is to say, in accordance with its intended use and as provided for in any technical documentation, while respecting the various operating rules indicated therein.

In any case, the reference legislation and the way of application of the guarantee are those highlighted by the manufacturer/ supplier. Who buys a product or material through the site accepts with the purchase of the same, in full, the conditions of warranty of the manufacturer that may be independent from the will of the Supplier. No form of warranty will be applicable in case of negligence, carelessness or damage during use as well as in the cleaning or maintenance of the product. 

In particular for paintings with anti-reflective, museum and/or acrylic glass, the warranty is active only if the cleaning is carried out with isopropyl alcohol in moderate quantities by performing a gentle cleaning with a soft microfiber cloth.

 

10. certificates

All works (digital and non-digital) are registered in blockchain and stored in one or more art portals. All the works are listed in the portal and auction house Gigarte of Lucca (Italy).

All prints are numbered, autographed by the artist and made in limited edition.

For all the works the artist creates and signs his own hand the corresponding certificate of authenticity.

Depending on the value of the work, the certificate of authenticity is sent with the work or (in the case of works of significant value), it is sent by specific consignment rather than delivered personally by the Artist.

 

11. returns

The intention to make the return must be communicated by the Customer by email, to mcmuller@shibusa.art

Any complaints can be accepted only if notified by e-mail within 48 hours of the date of receipt of goods, after which any right of complaint will lapse. The returned goods must be sent to the Supplier’s premises after receiving the return notification (usually within 48 hours). Unless otherwise agreed with the Supplier, the shipment is free. The goods travel at the risk of the sender.

 

12. conditions returned by customer

The goods must be sent free of charge to the address communicated by the Supplier in the return authorization. General conditions for accepting returns:

·       Customer return document or document containing Supplier reference order no. and clear reason for the return;

·       Undamaged products;

·       Packaging and labels undamaged or in the same condition as supplied;

·       Products not purchased under promotion;

·       Products returned no later than 8 (eight) days from the date of receipt of the goods.

 

13. refund

The Supplier will proceed to the transmission of the credit order relating to the cost of the goods shipped within 30 working days after the shipment of the goods by the customer and in any case not before the receipt of the goods. The credit will be refunded by bank transfer.

 

14. PRIVACY

By submitting the order, the Customer, in accordance with the applicable law on privacy and processing of personal data, you declare that you understand and accept that the data provided by you are inserted in our database for the purpose of executing the order itself and that they can be used by the supplier for promotional, commercial and administrative purposes; also acknowledges that your data will not be communicated to third parties for any reason other than the order processing and administrative and bureaucratic practices related to it.

The data subject may request at any time the modification or deletion of such personal data by sending a written notice to be sent to the Supplier’s headquarters. Please read the full Privacy Policy of the Provider.

 

15. force majeure

The Supplier will make every effort to perform all obligations assumed under this contract, but shall be exempt from any liability in case of delays or damages caused by circumstances beyond its control. In the event of delay, the Supplier shall perform its obligations as soon as reasonably practicable.

 

16. dispute

This contract will be governed by Italian law and for any dispute relating to the validity, interpretation or execution of the same contract, the Customer accepts the jurisdiction of the Italian state and, in any case, the application of Italian law in force at the time of the dispute, regardless of its domicile or seat, before the Court of Reggio Emilia, Italy.

 

17. legal information

Supplier will make reasonable efforts to ensure the accuracy and completeness of the information and data available on this site.

Most of the technical information on our site and related to products and materials, are based on data published by the respective manufacturers that may be varied according to what will be communicated by the manufacturers themselves even without notice.

However, the Supplier does not guarantee and assumes no responsibility for the correctness, updating and completeness of the information provided on this site. The same applies to all links to other sites to which this site refers users.  The Provider shall not be responsible for the content of sites that are reached via external links.