General conditions of sale
and withdrawal rights

 Article 1 — Identification of the seller 

These general conditions of sale govern purchases made through the website www.6499milano.com (hereinafter, the “Website”), managed by:

6499 SRL (hereinafter, “6499” or the “Company”) 

• Address: Via del Torchio, 1 – 20123 Milan, Italy
• VAT number: 12095180969
• Register of Companies / REA: MI - 2639988
• Share capital: € 10,000.00 i.v.
• Phone: +39 0239218297
• Email: info@6499milano.com
• PEC: 6499@pec.it

6499 operates in the art sector and markets works of art, collectibles, editorial products and merchandise.

Article 2 — Scope of application 

These Terms and Conditions govern all sales made through the Site to individuals, businesses, organizations and professionals.

The mandatory provisions provided to protect consumers apply exclusively to purchasers who qualify as such under the current regulations.

The sending of an order presupposes the reading and acceptance of these Conditions, without prejudice to the unchangeable rights recognized by law.

The applicable conditions are those made available at the time of placing the order.

Any special conditions agreed individually shall prevail over these Conditions, to the extent expressly agreed upon.

Article 3 — Products and characteristics 

The Site offers products divided into the following categories:

Art: paintings, sculptures, photographs, drawings, graphics, multiples, numbered editions and other works of art.
Merchandising: objects, accessories and products marketed by 6499, also through collaborations with artists and other entities.
Editorial: books, catalogues, monographs, publications and other editorial products.

The essential characteristics of the products are listed in the relevant product sheets, which form part of the pre-contractual information provided to the buyer.

The images have a descriptive and representative purpose. Any differences in color perception, determined by screen settings, do not alter the actual characteristics of the product, while remaining in compliance with what is described and legitimately expected.

Article 4 — Prices and availability

All prices are expressed in euros, including applicable taxes and any fees included in the selling price.

For shipments to Italy and the European Union, the costs of ordinary delivery are borne by 6499, as specified in these Conditions.

6499 markets its products through various channels, including the physical store.

The availability indicated on the Site is updated periodically, but in exceptional circumstances, there may be a overlap between online purchases and sales concluded through other channels.

In the event of unavailability found before the order is accepted, 6499 will promptly inform the buyer and arrange for the release of any authorized amounts or the full refund of those collected.

The discipline applicable to contracts already concluded remains unchanged.

Article 5 — Mode of purchase and conclusion of the contract

Products priced below €10,000.00 can be purchased directly through the Website.

Products priced at €10,000.00 or more are not available for purchase directly online, but are marked with the “Privileged Negotiation” function, through which the interested party can request information and initiate an individual negotiation.

The transmission of a request for negotiation does not constitute an order nor does it entail any purchase obligations.

For direct purchases, the customer selects the products, checks the order summary, enters the requested data, and proceeds with the chosen payment method.

The sending of the order constitutes a purchase proposal with payment obligation. The automatic receipt notification only certifies the correct acquisition of the order in the system.

The contract is concluded upon 6499's sending a confirmation of acceptance of the order, which is sent to the email address provided by the customer.

6499 will verify in advance the actual availability of the products and the correctness of the transaction. Any failure to accept, based on objective and legitimate reasons, will be communicated promptly and will not entitle the customer to any compensation, refund or restitution of any kind resulting from the failure to complete the sale.

The customer can verify and correct the data entered before the final transmission of the order.

Article 6 — Payment methods

Payments can be made using the methods available at checkout, including:

• Credit and debit cards;
• PayPal;
• Bank transfer;
• Any installment payment services, when activated.

Electronic payments are processed through the respective payment service providers, in accordance with the conditions applied by them; any failure to accept the aforementioned electronic payment systems, for any reason whatsoever, shall not entitle the customer to any compensation, refund or restitution of any kind resulting from the failure to complete the sale.

Payment by bank transfer

The customer must arrange payment within two working days of receiving the bank instructions related to the order.

6499 may require evidence of the transfer of the funds having taken place.

In the absence of payment by the indicated deadline, 6499 may cancel the order that has not yet been executed, in compliance with applicable regulations. In this case, the customer will not be entitled to any compensation, refund, or restitution of any kind resulting from the failure to complete the sale.

The order will be prepared for shipment or pickup only after the actual credit of the amount due to the 6499 current account.

Payment in installments

The availability of installment payment tools depends on the services activated on the Site and the conditions of the respective providers. Any additional costs, requirements, or special conditions will be communicated before the purchase is finalized.

Article 7 — Billing

6499 is the contractual seller of the products purchased through the Website and issues the tax documentation related to the transactions in accordance with applicable regulations.

The customer is required to provide correct, complete and up-to-date billing information.

The operations are subject to the tax treatment provided for by the current legislation, depending on the type of product, the applicable regime and the destination.

Article 8 — Shipments and deliveries

6499 ships to Italy and the European Union countries without charging the customer the ordinary delivery costs.

Shipments are handled through logistics operators and carriers selected by the Company. For works of art, specific packaging, protective crates, and specialized carriers may be used.

The indicative and non-binding delivery times are:

• Italy: 5–10 working days;
• European Union: 7–15 working days.

The terms begin upon payment being made, unless otherwise agreed or specific indication communicated before the purchase.

The indicative time limits do not prejudice the consumer's right to receive the goods within the agreed deadline and, in the absence of a different agreement, within 30 days of the conclusion of the contract, in accordance with applicable regulations.

For works that require special packaging, handling, documentation or authorization procedures, specific delivery terms may be provided, communicated and agreed upon with the buyer.

In relations with consumers, the risk of loss or damage during transport remains the responsibility of 6499 until the moment when the customer, or a third party designated by them other than the carrier, acquires physical possession of the goods, subject to the exceptions provided by law.

From the moment of receipt, the customer is the custodian of the item subject to the contract, with all the ensuing obligations, and will remain solely responsible for any loss, destruction, or damage to the same, even if attributable to fortuitous events or force majeure; the buyer is expressly prohibited from definitively or temporarily transferring the items subject to the contract until their payment is completed in accordance with the terms agreed herein.

Article 9 — International shipments and circulation of works

Shipments to countries outside the EU are not available through direct purchase on the Website.

Interested customers should contact 6499 to obtain a personalized assessment of the logistics costs, any customs requirements, and delivery times.

For certain works of art, international circulation, even within the European Union, may be subject to the requirements of the Code of Cultural Property and applicable European legislation.

When necessary, 6499 provides for the management or coordination of the documentation procedures required, in accordance with the conditions specifically agreed upon with the buyer.

The execution of the shipment remains subject to compliance with legal requirements and the possible issuance of the necessary authorizations; any inability, refusal, or excessive cost will not entitle the customer to any compensation, refund, or restitution of any kind resulting from the failure to complete the sale.

Any specific delivery terms must be agreed upon with the customer in accordance with Article 8.

Article 10 — Withdrawal at the gallery

The customer can select, where available, free pickup at the 6499 address, Via del Torchio, 1 – 20123 Milan.

The selection of the pick-up at the office does not authorize the customer to show up immediately after the purchase.

The withdrawal can only take place after 6499 has sent a confirmation email of the actual availability of the order.

The methods and times of pick-up will be communicated or agreed upon with the customer.

For the withdrawal, confirmation of the order may be requested and, if necessary, a document suitable to verify the identity of the person responsible.

Article 11 — Specificity of works of art

Artworks may present material and conservative characteristics related to the technique used, their artisan nature, the period of creation, the history of the work, and any previous interventions.

The product sheet provides the available information about the artist, the title, the technique, the dimensions, and other relevant characteristics.

The documentation associated with the work may vary depending on its nature, provenance, and attribution history.

6499 can provide, upon request, additional information and detailed images regarding the conservative conditions.

The presence of conservative characteristics or signs of time specifically described and properly communicated before purchase is evaluated in relation to the nature and agreed characteristics of the work, without prejudice to the provisions of the regulations on the conformity of goods and on pre-contractual information.

Frames and bases

Unless otherwise indicated in the listing, the frames present and associated with two-dimensional works are included in the sale.

Sculpture includes any supporting elements that form an integral part of the work.

However, pedestals, display columns and other accessories used exclusively for photographic presentation or exhibition are not included, unless otherwise expressly indicated.

Article 12 — Authenticity, attribution and provenance

6499 accompanies the works of art sold with the available documentation and in accordance with what is required by Article 64 of Legislative Decree 42/2004.

Depending on the characteristics of the work, the documentation may include certificates of authenticity, attestations from the artist, statements from archives or foundations, appraisals, publications, and other relevant documents.

When no pre-existing documentation is available, 6499 issues a statement containing the available information regarding the authenticity or probable attribution and the provenance of the work, in accordance with the regulations in force.

The nature and content of such documents must be interpreted in the light of the information actually available and the qualifications explicitly stated.

The information about the author, any attribution, the dating and the provenance are those indicated in the card and in the documentation delivered.

The rights granted to the buyer remain unaffected in the event of inaccurate declarations, defects of conformity or other circumstances relevant under law.

Article 13 — Copyright and reproduction rights

The purchase of a work of art, a photograph, a publication or any other product does not automatically entail the transfer of the corresponding intellectual property rights.

Unless expressly authorized by the rights holder, the buyer does not acquire the right to reproduce, distribute, modify or economically exploit the work beyond the limits permitted by law.

The moral rights of the author and any economic exploitation rights remain governed by the applicable regulations.

The images, photographs, texts and other content published on the Site may not be used commercially without the necessary authorizations, subject to the uses permitted by law.

Article 14 — Right of withdrawal

The customer who qualifies as a consumer has the right to withdraw from contracts concluded at a distance within 14 days from the day on which he, or a third party designated by him other than the carrier, acquires physical possession of the goods, subject to the specific rules provided by law for multiple deliveries.

The withdrawal can be exercised without providing any justification.

The law also applies to original and unique works of art, unless a specific exception is expressly provided for by law.

The consumer may communicate the withdrawal by:

• Explicit declaration sent to info@6499milano.com;

• Use of the dedicated withdrawal function available on the Website;

• Withdrawal form available on the Website;

• Further unequivocal communication addressed to 6499.

To meet the deadline, it is sufficient that the communication is sent before the expiry of the withdrawal period.

6499 confirms receipt of the communication in accordance with the applicable procedures and terms.

The exceptions strictly provided for in Article 59 of the Consumer Code remain in effect, where they are actually applicable to the goods sold.

Article 15 — Return of products

In the event of withdrawal, the consumer must return the goods without undue delay and in any case within 14 days of the notification of the decision to withdraw, unless 6499 has offered to return them directly.

The direct costs of the return are borne by the consumer, provided that this is permitted by law and that they have been properly communicated before the purchase; without prejudice to what will be said below for individual product types, in any case the customer is required to use the necessary tools and diligence to preserve and ensure the integrity of the goods during the return process.

Editorial products and merchandising

The return can be made through a shipping service suitable for the nature and characteristics of the product, in accordance with the instructions communicated by 6499.

Artworks

Given the particular nature of the goods, 6499 provides a collection service organized through a specialized logistics operator, with direct costs borne by the consumer within the limits of the law.

The buyer is invited to agree with 6499 on the methods of packaging, handling and collection, to ensure a transport that is appropriate to the characteristics of the work.

The consumer's right to make the return by other lawful and appropriate means remains unaffected, subject to applicable obligations.

For goods that cannot normally be returned by postal services, the relevant costs or their reasonable estimate are communicated to the consumer before the purchase, in accordance with regulatory requirements.

The consumer is liable for any decrease in the value of the good resulting from manipulations other than those necessary to determine its nature, characteristics and functioning, within the limits provided by law.

Article 16 — Refunds

In the event of a valid exercise of the right of withdrawal, 6499 will refund the payments received for the goods subject to the withdrawal within 14 days from the date on which it was informed of the consumer’s decision to withdraw without any interest or additional amount of any kind.

Unless 6499 has offered to collect the goods directly, the Company may withhold the refund until it has received the goods or until the consumer has shown that they have been returned, whichever situation occurs first.

The refund is made using the same means of payment used for the purchase, unless otherwise agreed and without additional charges for the consumer.

Any decrease in value attributable to manipulations exceeding those permitted is evaluated in accordance with current regulations.

Article 17 — Legal guarantee of conformity

Customers who qualify as consumers are subject to the legal warranty of conformity provided for in Articles 128 et seq. of the Consumer Code.

6499 is liable for any defects in conformity that exist at the time of delivery in accordance with the terms and conditions provided by law.

For works of art, the assessment of conformity takes into account the nature of the object, the declared characteristics, the era, and the specific conservation conditions communicated.

The unique, ancient or non-replicable nature of a work does not, per se, constitute the exclusion of legal warranty.

In the event of a defect of conformity, the consumer may exercise the remedies provided by applicable law, taking into account, given the intangibility of the good, the possible objective impossibility of repairing or replacing the work.

Article 18 — Damage during transport and claims

Upon delivery, the customer is asked to check the integrity of the packaging and, as soon as possible, the condition of the contents.

In the event of visibly damaged packaging, it is advisable to document the anomalies through photographs and report them to the carrier and to 6499.

Any damages, inconsistencies or problems related to the order can be reported to the address info@6499milano.com, indicating the order number and, if available, photographs or other useful elements.

The failure to report the matter immediately does not automatically entail the loss of the buyer's non-derogable rights.

6499 examines the reports and takes action to handle the complaint in accordance with the applicable regulations.

Article 19 — Rights and obligations related to the art market

The sale of works of art may be subject to the discipline of the right set forth in Articles 144 et seq. of Law No. 633 of April 22, 1941.

6499 manages the declaration and payment obligations within its competence in accordance with current regulations.

The potential relevance of the right in question is assessed in function of the nature of the work and the characteristics of the transaction.

Article 20 — Limitations of liability

6499 is not liable for any inconvenience resulting from behavior attributable solely to the customer, from circumstances of force majeure or from events that are objectively beyond its control, within the limits permitted by applicable regulations.

Such provisions do not exclude or limit the liability of 6499 in cases where the law does not allow for exclusions or limitations, including consumers’ unwaivable rights.

Article 21 — Processing of personal data

The personal data provided during the purchase are processed in accordance with the applicable regulations regarding the protection of personal data.

The purposes, the legal bases, the methods of processing and the rights of the data subjects are described in the Privacy Policy available on the Website.

The parties, in the performance of their respective duties, must comply with the confidentiality and security obligations imposed by Legislative Decree 196/2003 as well as the specific instructions given. In particular, all parties are required to: process only the data necessary for the fulfillment of the purposes of the sale and purchase transaction, not to disseminate or disclose the data obtained outside of the cases permitted by law or provided for by contractual regulations, and to maintain the necessary confidentiality of such data by implementing appropriate safeguards to prevent unauthorized third parties from accessing such data. Failure to comply with the obligations set forth in this article will result in the obligation for the defaulting party to indemnify the other party in the event of claims for damages caused to third parties.

Article 22 — Applicable law and disputes

These Conditions are governed by Italian law, without prejudice to compliance with mandatory provisions applicable to protect consumers, including those that may be provided for by the law of the consumer's country of habitual residence.

For disputes with consumers, the jurisdiction is determined in accordance with the applicable mandatory provisions.

For relations with professional buyers, any disputes are submitted to the Milan Court of Justice, within the limits permitted by law.

Any alternative dispute resolution tools provided for by applicable law remain unaffected.

Article 23 — Amendments to the general conditions

6499 reserves the right to update these Terms of Use to adapt to regulatory changes, organizational changes, or business needs.

The changes apply to orders submitted after their publication and do not affect the rights and obligations already established in relation to previously concluded contracts, unless otherwise lawfully agreed upon by the parties.

The updated Conditions are made available on the Site with an indication of the relevant version date.

The parties also declare that they have read and specifically approved, pursuant to and for the purposes of Article 1341, paragraph 2 of the Civil Code, the following clauses whose content they declare to know and accept well: n. 3 (products and characteristics), n. 4 (prices and availability), n. 5 (purchase methods and conclusion of the contract, exclusion of damages), n. 6 (payment methods, exclusion of damages), n. 8 (shipments and deliveries, obligations of the custodian), n. 9 (international shipments and circulation of works, exclusion of damages), n. 10 (collection at the gallery), n. 11 (specificity of works of art), n. 12 (authenticity, attribution and provenance), n. 13 (copyright and reproduction rights), n. 14 (right of withdrawal), n. 15 (return of products, obligations of the customer), n. 16 (refunds and non-payment of interest), n. 17 (legal warranty of conformity), n. 18 (damages during transport and claims), n. 19 (right of recourse and obligations related to Art market, no. 20 (limitations of liability), no. 21 (processing of personal data, specific obligations of the parties), no. 22 (applicable law and disputes), no. 23 (modifications to the general conditions).