Terms Of Service

TERMS AND CONDITIONS OF SALE AND USE

1. Introduction and Seller Identification

1.1 Site Owner

These Terms and Conditions govern the use of the website www.kosmosauvage.com by Pistore Lorenzo (and related .it/.eu domains) and the sale of the products marketed therein. The site is owned by Pistore Lorenzo Ditta Individuale (Owner: Pistore Lorenzo) with registered office in Via Dante Alighieri 3, Villanova di Camposampiero (PD), Italy, Tax Code/VAT No. and registration in the Padua Business Register 04967070287, REA: PD-432259 – Email address: info@kosmosauvage.com.

1.2 Nature of the Service and Roles

The activity carried out through the site is divided into two distinct modes:

· Direct Sale (Kosmosauvage branded products): For newly manufactured products under the Kosmosauvage brand, the seller and contractual counterparty is the Sole Proprietorship Pistore Lorenzo.

· Sales Intermediation (Vintage, Antiques, and Second Hand): For items identified as vintage, antique, or second-hand, Pistore Lorenzo acts as a business broker. In these cases, the supplier and owner of the goods is Pataviumart S.r.l. The sales contract is understood to be finalized between the User and the third-party supplier, while Pistore Lorenzo manages the selection, promotion, and customer assistance.

1.3 Acceptance By accessing or using the website www.kosmosauvage.com (and related .it/.eu domains) by Pistore Lorenzo, users agree to be bound by these Terms and Conditions.

2. Description of the Service

2.1 Characteristics

The site offers furnishing and decor products, both handcrafted and designer. Images and descriptions are curated to represent the products as accurately as possible.

2.2 Vintage and Antique Products

For second-hand or art items sold on behalf of third parties:

1. The accuracy of descriptions and authenticity are guaranteed by the owner of the asset (Pataviumart S.r.l.), who signs the relevant technical data sheets.

2. Any imperfections, signs of age, or patinas are to be considered intrinsic and valuable characteristics of a "lived-in" item and not lack of conformity.

3. Prices and Payments

All prices are expressed in euros and are intended to be exclusive of VAT (where applicable). Payment is made through the secure platforms indicated at checkout (e.g., Credit Cards, PayPal, Bank Transfer). The User acknowledges that, in the case of purchasing third-party goods (Vintage), the collection of funds may be technically managed by the Owner on behalf of the supplier, while the tax liability for the sale remains with the third-party supplier.

3.1 Credit Card

The website www.kosmosauvage.com accepts payments through major international circuits, including Visa and MasterCard. At the time of the online transaction, the relevant banking institution will authorize the commitment of the amount relating to the purchase. To ensure maximum data protection, Pistore Lorenzo Ditta Individuale relies on certified payment platforms that adopt the highest security standards and encrypted protocols (SSL/TLS).

3.2 Confidentiality of Financial Data

At no stage of the purchase procedure is Pistore Lorenzo Ditta Individuale able to view or store information relating to the Buyer's credit card. Such data is entered directly onto the secure servers of the payment service provider. Since there is no transmission or storage of sensitive data within the Kosmosauvage computer systems, the Owner does not maintain any archive of such information. Consequently, Pistore Lorenzo Ditta Individuale shall under no circumstances be held responsible for any fraudulent or improper use of credit cards by third parties at the time of payment.

3.3 PayPal

Should the Buyer choose the PayPal payment method, they will be redirected to the secure PayPal login page to complete the transaction. The amount will be charged according to the methods defined by the user's PayPal account. In this case as well, financial data will not be shared with Pistore Lorenzo Ditta Individuale but managed entirely by PayPal.

3.4 Bank Transfer

By choosing this method, you will receive via email the bank details necessary to make the payment. To speed up the procedure, we invite you to include the order number in the reason for the transfer (causale). The order will be officially processed and taken in charge only upon the actual crediting of the amount to the bank account of Pistore Lorenzo Ditta Individuale. As soon as the funds are received, you will receive a confirmation notification of payment receipt, and the order will move to the shipping or production phase.

4. Shipping and Delivery

Pistore Lorenzo manages logistics and shipping using professional packaging suitable for the nature of the goods.

4.1 Inspection upon delivery

Upon receipt, the User is required to check the integrity of the packaging. In the event of visible damage, it is mandatory to sign with a "Reserve of Control" specifying the reason, otherwise the right to insurance compensation will be forfeited.

4.2 Transport Costs

Unless otherwise expressly indicated (e.g., "free shipping" promotions), the costs of transport, special packaging, and insurance are excluded from the product price and are quoted separately.

4.3 Transport Terms

Responsibilities and transport costs are regulated according to the terms established by the International Chamber of Commerce with Incoterms® 2020. Specifically, sales within the Customs Territory of the European Union are to be understood as EXW (Ex Works) terms, while sales outside the Customs Territory of the European Union are to be understood as FCA (Free Carrier) terms. In both cases, the goods are made available at the warehouses of Pistore Lorenzo Ditta Individuale or Pataviumart S.r.l. In the event that the buyer requests transport services, these will be agreed upon between Pistore Lorenzo Ditta Individuale and the buyer, who must accept the proposal in writing.

5. Right of Withdrawal and Returns

5.1 Exercise of the Right

Pursuant to Art. 52 et seq. of Legislative Decree 206/2005 (Consumer Code), if the Buyer acts as a "Consumer" (a natural person who purchases for purposes unrelated to professional activity, indicating their Tax Code), they have the right to withdraw from the purchase contract for any reason, without the need to provide explanations, within 14 days from the date of receipt of the goods.

5.2 Return

To exercise the right of withdrawal, the Buyer must inform the Owner of their decision through an explicit statement. To this end, a communication can be sent via email to info@kosmosauvage.com. Once the communication is received, Pistore Lorenzo will open the return file and provide specific instructions for the return.

5.3 Exclusion of the Right of Withdrawal (Custom-made and Personalized Products)

Pursuant to Art. 59, lett. c) of the Codice del Consumo, the right of withdrawal is expressly excluded for the supply of goods made to measure or clearly personalized. This category includes:

1. Furnishings and accessories made to specific dimensions requested by the Buyer.

2. Products made with finishes, colors, or materials not present in the standard catalog and expressly chosen by the user.

3. Works of art or furnishing objects commissioned based on the Buyer's technical design.

5.4 Product Representation and Tolerances

The images, photographs, and videos of the products published on the site are for purely illustrative and descriptive purposes. Therefore, product photographs do not constitute a contractual element. The User therefore acknowledges and accepts that:

· Nature of Materials: being handcrafted, unique, or vintage pieces, slight differences in grain, finish, or color compared to the photos do not constitute a defect, but are proof of the value and uniqueness of the natural material.

· Customizations: for custom-made products, exact correspondence between digital samples and the final product is not guaranteed due to the reactivity of materials.

· Contestability: discrepancies between the site and the delivered product can only be contested if they are substantial and such as to compromise the nature or use of the asset.

5.5 Conditions of Integrity for Returns The right of withdrawal is subject to the following mandatory conditions:

1. The product must be returned intact, unused, and undamaged.

2. The asset must be returned in its complete original packaging (including protective packaging, documentation, and certificates of authenticity). The Buyer is required to take care of the transport packaging with the utmost professional diligence.

3. The right of withdrawal applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product.

5.6 Return of Goods and Costs

The return of goods must take place within 14 days of the communication sent to info@kosmosauvage.it. The shipping address will be indicated by Kosmosauvage during the confirmation phase and will correspond, depending on the product, to the headquarters of Pistore Lorenzo Ditta Individuale or the warehouses of Pataviumart S.r.l. The shipping costs for the return are entirely borne by the Buyer, who is required to insure the shipment. In case of damage or loss during the return transport, the value of the damage will be deducted from the refund amount. For returns from non-EU countries, the Buyer is responsible for the payment of all customs duties and import charges. Should such costs be advanced by Kosmosauvage to receive the goods, the relevant amount will be automatically deducted from the final refund.

5.7 Refund Methods and Timing

Following the return of the asset and verification of its integrity, Pistore Lorenzo Ditta Individuale will refund the Buyer the amount paid within 14 working days of receiving the goods. The refund will be made using the same means of payment used for the initial transaction, unless otherwise agreed. The Owner reserves the right to withhold the refund until the goods have been received.

6. Personal Data and Privacy

6.1 Data Controller

The Data Controller is Pistore Lorenzo. The data collected (name, address, email, age, and gender to offer more relevant products and personalize the dialogue between user/Company) are necessary for the execution of the contract.

6.2 Purpose and Sharing

Data will be processed for order management, shipping, and assistance. The User is informed that, limited to purchases of goods owned by third parties (e.g., Pataviumart S.r.l.), data strictly necessary for invoicing and tax compliance will be communicated to the third-party supplier, who will act as an independent data controller or processor for such purposes.

6.3 Use of Personal Data

The website www.kosmosauvage.com (and related .it/.eu domains) of Pistore Lorenzo collects and processes personal data based on the following legal grounds:

1. Consent: Obtained from the user for the collection and use of personal data.

2. Provision of services: Processing of data necessary for the provision of e-commerce services. Our adherence to these principles underscores our commitment to protecting personal privacy and aligning with data protection laws, including the General Data Protection Regulation (GDPR).

6.4 Cross-border Data Transfer

If personal data is transferred outside the European Economic Area (EEA), the website www.kosmosauvage.com (and related .it/.eu domains) of Pistore Lorenzo guarantees:

1. Strict compliance with GDPR-compliant transfer mechanisms.

2. Implementation of robust security measures and data protection safeguards.

3. Transparency in data processing and transfer procedures. These measures ensure the constant protection and confidentiality of user data.

6.5 User Rights and Data Control

Under the GDPR, users have rights regarding their personal data:

1. Access: Right to obtain a copy of the personal data held.

2. Rectification: Right to correct inaccurate or incomplete data.

3. Erasure: Right to request the deletion of personal data.

4. Restriction: Right to restrict the processing of personal data.

5. Data Portability: Right to receive personal data in a structured format. Parents or legal guardians may exercise these rights on behalf of their children.

6.6 Data Protection and Security

We implement strict security measures to protect personal data, including:

1. Secure storage and encryption.

2. Regular security audits.

3. Data access restricted to authorized personnel only. Our commitment to data security is constant and ensures the integrity and confidentiality of user data.

6.7 Data Retention Period

Personal data is kept for as long as strictly necessary for the provision of services. Criteria for determining the retention period include:

1. Legal and regulatory obligations.

2. Security and operational needs. Upon expiry of the retention period or upon request, data is securely deleted.

6.8 Data Breach Response Policy

In the event of a data breach:

1. Immediate measures to mitigate the breach.

2. Notification to affected users and regulatory authorities, as required.

3. Full investigation and corrective measures. Our proactive stance ensures rapid and transparent management of such incidents.

6.9 Information on the Data Controller

The data controller for the website is Pistore Lorenzo. Contact details:

· Email: info@kosmosauvage.com

· Address: Via Dante Alighieri 3, Villanova di Camposampiero (PD), Italy. For any requests or concerns regarding data protection, please contact us through the indicated channels.

7. Intellectual Property

All site content (texts, storytelling, photographs, Kosmosauvage logo, layout) is the exclusive property of Pistore Lorenzo or granted under license. Any reproduction, modification, or unauthorized use for commercial purposes is prohibited. The technical data sheet for vintage products is prepared under the responsibility of the supplier, but the creative processing (lifestyle photography, emotional descriptions) remains the intellectual property of Pistore Lorenzo. Users may not reproduce, distribute, or modify images derived from any content provided by the website without the express written authorization of Pistore Lorenzo.

8. Limitation of Liability

8.1 Disclaimer of Warranty

The website is provided "as is" without any warranty, express or implied, including the warranty of merchantability or fitness for a particular purpose. Pistore Lorenzo does not guarantee that the service will be uninterrupted or free of technical errors.

8.2 Lack of Conformity

For products sold in the capacity of a business broker (Vintage), Pistore Lorenzo is not responsible for hidden defects of the goods, for which liability falls upon the actual seller (Pataviumart S.r.l.), except in cases of willful misconduct or gross negligence in managing the intermediation and shipping service.

8.3 Limitation of Liability

Pistore Lorenzo shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or connected to the use of the website.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms and Conditions are governed by and interpreted in accordance with the laws of the Italian Republic. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

9.2 Amicable Resolution

In the event of disputes arising from or connected to these Terms, the parties agree to attempt in good faith a resolution through direct negotiation or mediation before proceeding with legal action.

9.3 Jurisdiction and Competent Court

If an amicable resolution cannot be reached, territorial jurisdiction is determined as follows:

1. Consumers (B2C): If the Buyer is a "Consumer" residing or domiciled in the European Union, the competent court is that provided for by current EU legislation (usually the court of the place of residence or domicile of the consumer).

2. Professionals (B2B): Should the Buyer act for purposes related to their professional activity (purchase with VAT number), the exclusive jurisdiction of the Court of Padua is established.

10. Legal Warranty of Conformity

10.1 Warranty for Consumers (B2C)

If the Buyer acts as a "Consumer", they benefit from the Legal Warranty of conformity provided by the Consumer Code (Articles 128 et seq.).

· New Products (Kosmosauvage): The Owner is liable for conformity defects that manifest within 2 years from delivery. The defect must be reported within 2 months of discovery.

· Vintage and Antique Products (Pataviumart): Being used or period goods, the parties agree that the liability period for conformity defects is limited to 1 year from delivery. The warranty does not cover signs of age, wear consistent with the object's age, or defects explicitly indicated in the product sheet or visible in the published images.

10.2 Warranty for Professionals (B2B)

If the purchase is made with a VAT number, the warranty provided by the Civil Code applies: the liability term is 1 year from delivery and the defect must be reported, under penalty of forfeiture, within 8 days of discovery.

10.3 Limitations of Liability

· Non-substantial differences: Being artisanal and/or antique products, slight differences in color shades, wood grains, or finishes compared to the images on the site are not considered conformity defects, but proof of the item's uniqueness.

· Indirect Damages: Except in cases of willful misconduct or gross negligence, the Owner is responsible only for direct and foreseeable damages at the time of sale. No responsibility is assumed for loss of profit, loss of earnings, or damages resulting from delivery delays due to third parties or force majeure.

10.4 Procedure

To request warranty service, the Buyer must send an email to info@kosmosauvage.com providing proof of purchase and a detailed description (with photos) of the defect found.

11. Age Limits

11.1 User Age Limitation

The use of the website is not intended for children or minors, except under the supervision of a parent or legal guardian or an adult authorized by them.

11.2 Ensuring Age Appropriateness Measures have been taken to ensure that the content and features of the application are suitable and safe.

12. Changes to Terms

12.1 Right to Modify Terms

Pistore Lorenzo reserves the right to modify these Terms and Conditions at any time. Changes will take effect immediately upon their publication.

12.2 Continued User Acceptance

Continued use of the website after such changes will constitute the user's consent to such modifications.

13. Contact Information

13.1 Assistance and Inquiries

For any questions or concerns regarding these Terms and Conditions, or for assistance regarding the use of the website, users can contact Pistore Lorenzo: