Artemest Protection Plan
1. Definition and Nature of the Plan
The Artemest Protection Plan (hereinafter the “Plan”) is a voluntary purchase protection programme offered by Artemest S.r.l. (“Artemest”) to the Customer in connection with eligible Orders placed on artemest.com.
The Plan is not an insurance product and is not underwritten by any third-party insurer. It constitutes a contractual commitment by Artemest to provide the enhanced claim-handling period, service levels, and remedies expressly set out in these terms.
2. Eligibility and Activation
The Plan is currently available for eligible Orders placed on artemest.com and shipped to addresses in Europe, the United States, and the United Kingdom.
Participation is voluntary and the Plan must be selected by the Customer during checkout before payment for the Order is completed. Unless otherwise expressly agreed by Artemest, the Plan cannot be added to an Order after payment has been completed.
The Plan shall apply only to the Order and Products for which it was purchased and shall become effective upon completion of the relevant purchase.
3.Plan Fee
The fee for the Plan is equal to 2.5% (two point five per cent) of the purchase price of the Products covered by the Plan, excluding shipping costs and applicable taxes.
The Plan fee is non-refundable once the Order has been dispatched. If Artemest cancels the Order before dispatch, the Plan fee shall be refunded together with the amount paid for the cancelled Order.
4.Protection Provided
Subject to these Terms, the Customer who purchased the Plan will benefit from the following enhanced protections:
a. the right to notify Artemest of any Non-Conforming Product within 5 (five) calendar days from the confirmed delivery date, instead of the standard notification period of 2 (two) business days.
b. acknowledgement by Artemest of the Non-Conformity Claim within 2 (two) business days following receipt of the Non-Conformity Claim;
c. provision by Artemest of a resolution plan within 5 (five) business days following receipt of the Non-Conformity Claim and all clear, complete, and adequate supporting evidence reasonably required by Artemest, including, but not limited to, photographs of the affected Product, the reported issue, the internal and external packaging, the Proof of Delivery (POD) or equivalent delivery receipt, invoices, and any other documentation reasonably requested by Artemest.
d. where an accepted claim relates to a Product that has been damaged, lost, or is otherwise eligible for a remedy under the Plan, Artemest shall determine, at its sole discretion, the most appropriate remedy, taking into account the nature and extent of the issue, technical feasibility, product availability, proportionality, and any other relevant circumstances. The selected remedy may consist of:
- repair or restoration of the affected Product;
- partial replacement of the affected Product or one or more of its components;
- full replacement of the affected Product;
- a partial refund or store credit.
Where Artemest reasonably determines that none of the foregoing remedies can be implemented or would be appropriate in the circumstances, Artemest may issue a full refund of the purchase price of the affected Product.
e. where the selected remedy requires the return of the affected Product or any of its components, Artemest shall arrange or authorise the return and bear the related shipping costs. The Customer shall prepare the Product for collection using all original internal and external packaging materials, including any crate, retained in accordance with these Plan Terms. If the original packaging or crate is no longer available, the Customer shall be responsible, at the Customer's expense, for repacking and, where applicable, recrating the Product to a standard equivalent to the original packaging used by Artemest. Upon request, Artemest may provide reasonable guidance on suitable packaging or crating service providers, but shall not be responsible for the services provided by such third parties. Artemest shall also bear the shipping costs for any repaired, replacement, or partially replaced Product or component supplied as part of the approved remedy.
f. for eligible B2B Customers in the United States, the return request period shall be extended to 14 (fourteen) calendar days from delivery, instead of the standard period of 7 (seven) calendar days, subject to the applicable return conditions.
Until Artemest has communicated the approved remedy and expressly authorised the Customer to proceed otherwise, the Customer shall retain the affected Product, together with all original packaging materials (including internal and external packaging), in substantially the same condition as at the time the issue was identified. The Customer shall not move, return, dispose of, or otherwise alter the affected Product or its packaging without Artemest's prior written instructions. Where the claim involves a carrier, insurer, or other third party participating in the assessment or settlement process, such instructions may be provided only after the relevant authorisation or clearance has been obtained.
The Plan does not entitle the Customer to require a specific remedy. The determination of the appropriate remedy shall remain at Artemest's sole discretion, subject to the Customer's mandatory rights under applicable law.
5.Non-Conforming Products and Warranty Claims
For the purposes of the Plan, Non-Conforming Products are Products:
a. delivered in packaging or crates showing visible signs of damage or tampering;
b. delivered damaged;
c. delivered with missing parts or accessories; or
d. delivered defective or otherwise not in conformity with the relevant Order.
Claims relating to Non-Conforming Products must be submitted in accordance with these Plan Terms and within the applicable notification period set out herein.
Warranty Claims relate to material defects in the design, manufacturing, or workmanship of a Product arising during the applicable warranty period and shall remain subject to the warranty terms, conditions, limitations, and exclusions set out in Artemest's applicable Terms and Conditions of Sale or Terms and Conditions of Sale – Trade.
For the avoidance of doubt, the Plan extends the notification period applicable to Non-Conforming Products but does not modify or extend the applicable warranty period or the terms governing Warranty Claims.
6.Exclusions
The Plan does not apply to, and Artemest shall have no obligation to provide any remedy in respect of:
a. any claim relating to damage or loss where, at the time of delivery, the outer packaging or crate shows visible signs of damage, tampering, or other irregularities, and such condition was not specifically recorded by the Customer (or the Customer's authorised representative) on the Proof of Delivery (POD) or equivalent delivery receipt before accepting the delivery;
b. Non-Conformity Claims submitted more than 5 (five) calendar days after the confirmed delivery date. Upon expiry of such period, the Product shall be deemed fully inspected, accepted, and compliant with the Order, and no Non-Conformity Claim shall thereafter be accepted under the Plan.
c. any Non-Conformity Claim relating to a Product delivered to a warehouse, storage facility, consolidation centre, or other receiving facility, unless the Product has been unpacked and inspected at such facility within 5 (five) calendar days following delivery and Artemest has been notified within the same period in accordance with these Plan Terms.
d. claims that cannot reasonably be assessed because the Customer has failed to provide the information or supporting evidence reasonably requested by Artemest or has otherwise failed to comply with the Customer's obligations set out in these Terms;
e. any damage, defect, deterioration, or other issue arising from or occurring after the Product has been moved from the delivery address agreed with Artemest without Artemest's prior written authorisation, or resulting from improper handling, movement, positioning, installation, assembly, storage, cleaning, maintenance, misuse, neglect, modification, repair, restoration, or other alteration carried out by the Customer or any third party after delivery;
f. Products that have been modified, repaired, restored, or otherwise altered without Artemest's prior written authorisation;
g. natural characteristics and aesthetic variations inherent in handmade or artisanal Products, including variations in colour, shade, texture, grain, veining, dimensions, finish, or other similar characteristics that do not constitute a defect or damage;
h. delivery delays, customs delays, customs inspections or holds, or other transportation or logistics-related delays that do not result in the confirmed loss of the affected Product;
i. indirect, incidental, consequential, special, or economic losses of any kind, including loss of use, loss of profit, business interruption, or third-party costs, except where such limitation is prohibited by applicable law.
7.Carrier and Logistics Providers
Artemest is committed to supporting the Customer throughout the delivery and claims process and will use commercially reasonable efforts to coordinate with carriers, couriers, freight forwarders, customs authorities, warehouse operators, and other third-party logistics providers involved in the shipment of the Products.
Certain aspects of transportation and delivery, including carrier operations, customs procedures, scheduling, and other logistics activities, are performed by independent third parties and are therefore outside Artemest's direct operational control. As a result, the Protection Plan does not extend to delays or other operational events attributable solely to such third parties, except as otherwise expressly provided in these Terms.
Nothing in this clause shall affect Artemest's obligation to assess eligible claims and, where applicable, provide the protections and remedies available under the Plan.
8.Claims Process
To submit a Non-Conformity Claim under the Plan, the Customer shall notify Artemest Customer Care at care@artemest.com within 5 (five) calendar days from the confirmed delivery date.
The claim shall include, to the extent applicable:
a. the relevant Order number;
b. a clear description of the reported issue;
c. clear photographic and/or video evidence showing the affected Product(s), the reported issue, and, the internal and external packaging materials. Where more than one Product or component is reported as affected, the supporting evidence shall, where reasonably possible, include images showing all affected Product(s) or component(s) together, in addition to close-up images of the individual issue(s), so that the number and identity of the affected Product(s) can be clearly verified.
d. the Proof of Delivery (POD) or other delivery documentation, where available; and
e. any additional information or supporting evidence reasonably requested by Artemest to assess the claim.
Where the outer packaging, crate, or other external packing materials show visible signs of damage, tampering, or other irregularities upon delivery, the Customer (or the Customer's authorised representative) shall record a specific written reservation on the Proof of Delivery (POD) or equivalent delivery receipt before accepting the delivery. Failure to do so shall constitute acceptance of the shipment and may result in the claim being rejected or otherwise excluded from coverage under the Plan.
Following submission of the claim, the Customer shall retain the affected Product, together with all original internal and external packaging materials, and shall not return, dispose of, repair, alter, or otherwise move the Product except in accordance with Artemest's written instructions. This obligation shall remain in effect until Artemest has communicated the approved remedy and, where applicable, any carrier, insurer, or other third party involved in the assessment or settlement process has authorised the Product to be returned, moved, or disposed of.
The Customer shall not, without Artemest's prior written approval, engage third parties or incur any repair, restoration, installation, removal, transportation, storage, inspection, disposal, or similar costs in connection with a Non-Conformity Claim with the expectation of reimbursement by Artemest. Any reimbursement of such costs shall be subject to Artemest's prior written approval. Where reimbursement is approved, it shall be limited to costs that Artemest considers reasonable, necessary, and proportionate to the approved remedy and shall not exceed the original purchase price of the affected Product, unless Artemest expressly agrees otherwise in writing.
Where the assessment of the claim requires the involvement of a carrier, insurer, surveyor, or other third party, or an in-person inspection of the Product, the timing of such assessment and any related authorisations shall depend on the availability and procedures of the relevant third party. While Artemest will use commercially reasonable efforts to facilitate and expedite the process, Artemest has no control over, and cannot guarantee, the timing of any third-party assessment, inspection, or decision. Accordingly, Artemest shall not be responsible for, or bear, any storage, warehousing, handling, or similar costs incurred during such period, unless otherwise expressly agreed in writing by Artemest.
Artemest shall acknowledge receipt of the claim within 2 (two) business days.
Once Artemest has received all information and supporting evidence reasonably required to assess the claim, Artemest shall provide the Customer with a resolution plan within 5 (five) business days.
The resolution plan shall identify the remedy selected by Artemest and, where reasonably possible, outline the principal steps and expected timing for its implementation. The time required to complete the selected remedy may vary depending on the nature of the issue, technical feasibility, product availability, artisan production schedules, logistics, and any other relevant circumstances.
9.Implementation of the Selected Remedy
Once the resolution plan has been communicated and any required inspections, assessments, or third-party authorisations have been completed, Artemest shall implement the selected remedy within a reasonable timeframe, taking into account the nature of the Product, the approved remedy, technical feasibility, product availability, artisan production schedules, logistics, and any other relevant circumstances.
Where the selected remedy consists of the repair, restoration, or replacement of all or part of the affected Product, Artemest shall use commercially reasonable efforts to complete such remedy as promptly as reasonably practicable.
Where the selected remedy consists of a replacement and the original Product or component is no longer available, Artemest may propose a suitable alternative, subject to the Customer's prior approval.
Where Artemest reasonably determines that none of the remedies provided under the Plan can be implemented, Artemest may, as a remedy of last resort, issue a full refund of the purchase price of the affected Product. In such case, the Protection Plan fee shall also be refunded.
10.Relationship with Statutory Rights
The Plan is offered as an additional contractual benefit and is separate from, and does not limit, exclude, or replace, any mandatory statutory rights or remedies available to the Customer under applicable law.
Nothing in these Terms shall be construed as excluding or limiting any right or remedy that cannot lawfully be excluded or limited. To the extent any provision of these Terms conflicts with a mandatory requirement of applicable law, such mandatory requirement shall prevail, and the remaining provisions shall continue in full force and effect.
11.Governing Law and Applicable Terms
The Plan shall be governed by the governing law, dispute resolution, and jurisdiction provisions set out in Artemest's applicable Terms and Conditions of Sale or Terms and Conditions of Sale – Trade, as applicable to the Customer's Order.
Unless expressly provided otherwise in these Plan Terms, all matters not addressed herein shall remain subject to the applicable Termsand Conditions of Sale orTerms and Conditions of Sale – Trade.