Terms and Conditions
Terms and Conditions
- Berista’s information, policy and transparency
1.1 Berista B.V. has its registered and business office in Amersfoort (3826GS - The Netherlands), Baak van Petten 42,
Number of registration at Chamber of Commerce in Amsterdam: 80208878
VAT number: NL861589014B01
1.2. Berista’s contacts, for any kind of assistance and Customer Care, are:
1.3. Berista is an online platform which provides an international marketplace for contemporary art and design (for simplicity, Products and/or Service) that you will find and can order through our website "berista.com <http://berista.com>.
1.4. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1.5. Your order, its acceptance, purchasing and delivery process apply to products on our Berista website http://berista.com and will be regulated both by the following General Terms and Conditions of sale and by the relevant documents contained in our website.
1.6. In order to use the Services, you must read carefully and agree to these Terms and Conditions and accept them by clicking the button for acceptance during the order checkout process. If you do not accept them you cannot use the Service and order Products.
1.7. Your submission of personal information and data through the store is governed by our Privacy and Cookies Policy and by the consent you may give by clicking the agreement button.
1.8. English is the applicable language to all relation arising from Berista’s website.
- Purchasing process.
2.1. You shall find on the website the online Order Form of each product and its price with fees and taxes, terms of payment, shipping and delivery terms and costs.
2.2. You shall register in it in a truthful and complete manner by providing all the required data in the relevant Order Form.
2.3. Orders are subject to availability of the chosen artworks and to Berista’s discretionary acceptance.
2.4. Take care that sending an order form, you unconditionally accept and undertake these General Terms and Conditions of Sale as well as further conditions contained on berista.com <http://berista.com> , even through links, including the General Terms and Conditions of Use and Privacy/Cookies Policy.
2.5. Should you not agree with all/certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on berista.com <http://berista.com.
2.6. Berista reserve the right to refuse service to anyone for any reason at any time.
2.7. Berista will verify the correctness of your order to be filed in Berista’s database for the time required to process it and reserve the right to ask you to complete or correct it.
2.8. Should the products not be available or be sent in a Country to which Berista cannot ship, Berista will inform you within 14 (fourteen) days about the non-acceptance of the order.
2.9. As acceptance of your order, Berista will send you a purchase order confirmation by email.
2.10. Check the final price of sale before sending the relevant order form.
2.11. Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Berista. Unless otherwise agreed by Berista, any discounts or promotions are not cumulative, and no more than one discount or promotion shall be used on the same order.
- Terms and conditions of payment, shipping and delivery of the Products
3.1. Berista accept all major credit cards (Visa, MasterCad, American Express, Maestro), iDEAL, Bancontact, Apple Pay, Google Pay, Shop Pay and PayPal. Berista reserve the right to obtain validation of your credit or debit card’s details before accepting your order.
3.2. Berista Prices are listed in EUR, USD, CAD, TRY and GBP. Please be warned that every reference to dollars is to US Dollars.
3.3. All prices are inclusive of any applicable sale taxes at the Country of origin of the Products.
3.4. You shall be responsible for any other taxes (including but not limited to any custom duties) applicable in the Country to which you are asking the Products have to be sent. You might be required by customs Authorities to provide personal information, such as EIN, IRN, SSN, for custom processing. So, please note that shipping delays due to customs processing are not uncommon and in any case responsibility of Berista.
If you have specific shipping questions or if you have special shipping needs, Berista team is always available at contact@berista.com .
3.5. Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the Order Form.
3.6. As contained in the Order Form, Berista will use Banks that are provinding remote electronic payment services, without third parties having any access thereto whatsoever. Your details will not be used by Berista except for performing your purchase’s procedure or issuing refunds in the case of returns in compliance with the exercise of your return right.
3.7. In case of payment by bank transfer, deliveries shall be sent once the transfer has been received on Berista bank’s account.
3.8. For each order, Berista shall invoice the purchased products by email or by post to you, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by you at the time of the order. No changes to the invoice are possible after the invoice has been issued.
3.9. Berista is shipping in more than 30 different countries around the world, including European Union, United Kingdom, United States and Canada. Purchased products shall be delivered to the address indicated by you at checkout of the order. All orders are shipped on working days from Italy, directly from the Artists and Designers’ workshop.
3.10. The products are safely and securely delivered to your home or office with primary carrier. Thus, you must be aware that the delivery service is offered and entirely managed by a third party and is subject to such third party’s terms and conditions and privacy policy.
3.11. The delivery is usually offered with a transport insurance policy that covers some part of the value of the Products.
3.12. Berista will endeavor to process and ship the purchase order within 7 working days of order confirmation. Any dates quoted for delivery of the Products are indicative only. Time for delivery will not be of the essence of the Contract.
3.13. At the time of delivery you must inspect and verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by you, you may not make any objection to the exterior characteristics of the delivered parcel.
3.14. If you wrongfully fail to take delivery of the Products, Berista shall be under no obligation to refund the Price.
3.15. Purchased Products may not be returned to Berista except as provided in Return and Refund Chapter 5.
- Guarantees
4.1. Berista only offer products for sale from selected artists and designers. Each art piece will be provided with its certificate of authenticity released by the artist/Designer.
4.2. If you are a Consumer, you have the right to a guarantee of conformity for Products and Services you bought within 24 (twentyfour) months of your purchase, provided that notice is given of the defects found within 2 (two) months of their discovery by sending Berista an email to the email address contact@berista.com.
4.3. Berista Products/Services may be available exclusively online through Berista website.
4.4. Berista make every effort to display as accurately as possible the colors and images of their products that appear at their Gallery. Berista cannot guarantee that your computer monitor's display of any color will be accurate.
4.5. Berista reserve the right, but are not obligated, to limit the sales of their products to any person, geographic region or jurisdiction. Berista may exercise this right on a case-by-case basis.
4.6. All Products sold by Berista <http://berista.com> will be delivered in their original packaging. You must not damage the original packaging of the purchased products should you wish to return the purchased product.
5. Return and refund. Consumer's right of withdrawal.
5.1. Should you be a Consumer (i.e. not a business and not purchasing products for purposes in connection with any business), you have the right:
(i) to withdraw from the contract for any reason and at any time without penalties and without attaching any reason, by sending Berista an email to the email address contact@berista.com clearly stating that you want to withdraw from the contract.
(ii) the withdrawal period starts when Berista send you the confirmation of dispatch of the Products and ends 14 (fourteen) calendar days the day which the goods are delivered to you;
(iii) to return the products within 14 (fourteen) calendar days from the date you communicate the cancellation to Berista, to the address of the Artist/Designer’s workshop indicated by Berista, in the same condition and in their original packaging in which you received them, at your own risk and costs, including shipping and import duties back to Italy (if any) using your return number, as provided in the online Withdrawal Form;
(iv) please note that if you withdraw from the contract, you have to pay the costs of returning the relevant Products;
(v) to receive a full refund of the price of the products within 7 (seven) days from the receipt of the returned Products to the Artist/Designer workshop and after inspection and approval that confirm that the Product is in the same state it was initially shipped; such reimbursement will be made using the same means of your payment and in any case Berista shall incur any additional costs; in any case you must remember that it can take some time for your bank or credit card company to process and post the refund;
(vii) Berista therefore strongly recommend using a secure or trackable method of delivery or a primary courier;
5.2. Consumer does not have the right to return Customized products;
5.3. In case of dispute, the competent Court will be the domicile of the Consumer.
- Berista liability’s limitation. Customer’s duties and responsability
6.1. For information about the use of your personal data, you must refer to Berista Privacy Policy which is considered to be part of these Terms.
6.2. By agreeing to these General Terms and Condition of Sale, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
6.3. Berista reserve the right to update and modify at any time any part of these Terms/Forms and Policies, to add or remove functionalities or suspend or discontinue the Service, informing you by publishing a notice on the website; if you continue to use Berista website after the publication of the changes, you accept the new Terms in their entirety.
6.4. All communication relating to Berista must be sent using the contacts stated in this document.
6.5. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
6.6. You must not transmit any worms or viruses or any code of a destructive nature, nor act against cyber security of Berista website, applications and social programs; We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
6.7. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet (l) to defame, abuse, harass, threaten or violate the legal rights of others in any other ways.
6.8. A breach or violation of any of the above and connected Terms will result in an immediate termination of our contract with any compensation and indemnity for damage at your expense.
6.9. Consequently, you agree to indemnify and hold Berista and its subsidiaries, officers, directors, partners and employees harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of yours content, use or connection to the Service, violation of these Terms, or violation of any third-party rights.
- Copyright
7.1. All trademarks, images, logos that appear on Berista website concerning Berista are Berista’s property and protected by the laws in force in trademarks and by related international treaties.
7.2. All trademarks, images, logos that appear on Berista website concerning the Artists and Designers are Artists and Designers’s property and protected by the laws in force in trademarks and by related international treaties. Berista do not own any of such intellectual property rights and are allowed to use them within the limits of the selling through their Berista website.
- Governing law and jurisdiction. Online dispute resolution for Consumer.
8.1. These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the Courts where Berista have their registered offices.
8.2. An exception to this rule applies in case, where the law provides a sole place of jurisdiction for consumer as set in chapter 5.3. above.
8.3. 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 contract. So, if you are a European Consumer, you can use such platform for resolving any dispute arising from the online contract entered into with Berista and/or other third parties, i.e. Artist/Designers. The platform is available at the following link.
8.4. Berista is available for any questions via the email address contact@berista.com .
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Submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on berista.com <http://berista.com> , even through links, including Privacy and Cookies Policy, Cookies banner.
Should you not agree with all/certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products/services on berista.com <http://berista.com.
Latest update: April 26, 2021