SHIPPING AND RETURN
1. Artworks shipping modalities
The artworks purchased will be shipped to the buyer’s address following the modalities chosen by the buyer.
Delivery will take place on the terms specified in the order confirmation.
Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed, checking first of all the integrity of the packaging; only after such verification should the delivery documents be signed.
Elena Brovelli assumes no responsibility for the delay or non-delivery of the Product attributable to force majeure causes such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, the delivery in the agreed time.
Elena Brovelli shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract due to the aforementioned causes. As a matter of fact the User is entitled only to a refund of any price paid.
Only after receiving the payment for the goods Elena Brovelli will proceed to produce the purchased product. Consequently, the seven working days of delivery will start from the date of payment and not from the date of the order, as far as shipments are going to concern Italy.
For any other country, delivery is expected in fifteen working days.
2. Right of withdrawal of material Products
The User has the right to return the goods in case of proven reasons of damage to the Artworks, without any penalty within the term of 14 days from the date of delivery of the Product.
In order to withdraw from the contract, the User must contact Elena Brovelli at the e-mail address brovellielena@gmail.com
The User will be informed of the modalities concerning the return of the Product. The date of delivery to the post office or forwarding agent will be authentic between the parties.
In case of withdrawal, Elena Brovelli will refund the payments received by the User concerning the works, excluding shipping costs, without undue delay and, in any case, no later than 30 days from the day of return of the goods. This date will be communicated to the User by e-mail.
The User will communicate the account number on which to make the refund.
The User must return the Products at his or her own expense without undue delay and, in any event, within 15 days from the date on which he or she notified Elena Brovelli of his or her decision to withdraw. The date of delivery to the post office or forwarding agent will be deemed authentic between the parties.
The User is responsible for the integrity of the Artwork for as long as the same item is in his or her possession and shall take all appropriate measures to preserve the Product and make every effort to ensure that it is returned in the same condition in which it was delivered, including undamaged original packaging.
You shall rely on the warranty seal attached to the artwork when returning the artwork. The seal must be returned in its entirety with the artwork.
Elena Brovelli will not consider return requests if the returned Product is found to be altered due to misuse, neglect, physical, cosmetic or superficial damage or alteration, tampering or improper maintenance, or wear and tear.
3. Conformity Warranty
All Products that fall under the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, ordered through the site are covered by the legal guarantee of conformity provided for in articles 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. It, therefore, applies, only to Users who have placed the order through the official website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
To those who have purchased on the site and who do not have the quality of Consumers will be applied the guarantees for defects in the thing sold, the guarantee for defect of promised and essential qualities and other guarantees provided by the Civil Code with the related terms, forfeitures and limitations (Articles 1490 et seq. e.e.).
The User agrees that the Artworks may have minor "defects" that guarantee their uniqueness and that the image displayed on the site is for illustrative purposes only.
4. Content posted by Users
The User may submit through the Site material, content, information (hereinafter the "Content" or individually the "Content"), provided that the Content is not unlawful (i.e. obscene, intimidating, defamatory, pornographic, abusive, or in any way illegal, or violates privacy the intellectual property rights and/or of Elena Brovelli and/or third parties) or is not otherwise injurious to Elena Brovelli and/or third parties or deplorable and does not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming.
The User is totally and exclusively responsible for the use of the site (to be understood with regard to the functions of publication, consultation, management of Content and contact between Users) and is therefore the sole guarantor and responsible for the goods and services offered as well as the correctness, completeness and lawfulness of the Content and of its own behavior in the context of contact between Users.
The use of violent language will be grounds for immediate suspension and expulsion from the site. It is prohibited to use an e-mail address that is not the User's own, to use another User's personal information and credentials in order to appropriate the User's identity, or otherwise misrepresent the origin of Content.
The User acknowledges and agrees that Content submitted for the purpose of interacting with the Site (by way of example but not limited to posting comments, expressing opinions, participating in surveys and initiatives, sending images or video and audio files) may be edited, removed or published by Elena Brovelli. The User grants Elena Brovelli an unrestricted, non-exclusive right of use over the Content submitted by the User, without restriction of geographical areas. Elena Brovelli may therefore, directly or through third parties of its trust, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works from, host, index, store, annotate, encode, modify, and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form or by any means now known or hereafter invented, any Content (including images, messages, including audio and video), which may be submitted by the User, including through third parties.
In relation to the Submitted Content, the User therefore renounces all material and moral rights that he/she may claim as author even with respect to changes made by Elena Brovelli to such Content and in the event that the changes are not liked or accepted by the author himself/herself.
Submitted Content will not be returned and will remain the property of Elena Brovelli who therefore remains exempt from any liability to Users for the loss, modification or destruction of the Content transmitted. The User also warrants that the Content is submitted to Site through his/her account by those of age. For minors, submission of Content must be screened and authorized by those exercising parental authority.
5. Artistic and Intellectual Property Rights
Elena Brovelli represents that she is the owner and/or licensee of all intellectual property rights relating and/or pertaining to the site and/or the materials and content available on it. These Terms do not grant the User any license to use the site and/or individual Content and/or materials available therein, unless otherwise governed. All trademarks, whether figurative or named, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, and logos appearing on the site are and remain the property of Elena Brovelli or its licensors and are protected by applicable trademark laws and relevant international treaties.
Any reproductions in any form of the explanatory texts and contents of the site, if not authorized, will be considered violations of Elena Brovelli's intellectual and artistic property rights.
6. Disclaimer of Warranty
The site is provided on an "as is" and "as available" basis, Elena Brovelli makes no express or implied warranties in connection therewith, nor does Elena Brovelli make any warranty that the site will meet the needs of Users or that it will ever be uninterrupted or error-free or that it will be free of viruses or bugs.
Elena Brovelli will make every effort to ensure that the site is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the site is not accessible and/or operational at any time or for any period. Access to the site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons wholly beyond Elena Brovelli's control or for events of force majeure.
7. Limitation of Liability
Elena Brovelli will not be held liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its own control or that of its sub-suppliers.
Elena Brovelli will also not be responsible for any damages, losses and costs suffered by the User as a result of the non-execution of the contract for causes not attributable to it, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.
Elena Brovelli assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, when paying for the services purchased, if it demonstrates that it has taken all possible precautions based on the best science and experience of the moment and according to ordinary diligence.
The User agrees to indemnify and hold harmless Elena Brovelli (as well as any companies controlled or affiliated by it, its representatives, collaborators, consultants, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise from damages caused to other Users or third parties, in connection with the Content uploaded or the violation of the terms of the law or the terms of these Terms.
Therefore, Elena Brovelli will not be liable for:
- any losses that are not a direct result of the breach of contract;
- any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, commercial losses, loss of revenue, income, profit or assumed savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.);
- incorrect or unsuitable use of the site by Users or third parties;
- the issuance of erroneous tax documents due to errors related to the data provided by the User, the latter being solely responsible for the correct entry.
In no event shall Elena Brovelli be held liable for a sum greater than twice the cost paid by the User.
Translated with www.DeepL.com/Translator (free version)
8. Force Majeure
Elena Brovelli cannot be held responsible for the failure or delay in the performance of its obligations, for circumstances beyond reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example and not limited to, failures or interruptions to telephone or electricity lines, the internet network and/or in any case other means of transmission, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the delivery of products, services or applications of third parties.
Elena Brovelli's performance of its obligations will be deemed suspended for the period during which force majeure events occur.
Elena Brovelli will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
9. Linking to Third Party Sites
The site may contain links to third party sites. Elena Brovelli exercises no control over them and, therefore, is in no way responsible for the content of these sites. Some of these links may refer you to third-party sites that provide services through the site. In these cases, the general conditions for the use of the site and for the use of the service prepared by the third parties will apply to the individual services, with respect to which Elena Brovelli assumes no responsibility.
10. Waiver
No waiver by either party concerning the Artwork of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated in writing and countersigned. The waiver must be expressed before the Artwork is shipped.
11. Invalidity of individual clauses.
If any provision of these Conditions is found to be illegal or invalid, it shall not be deemed a part of the Conditions and this shall not affect the remaining provisions which shall continue to be valid to the fullest extent permitted by law.
12. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be viewed at https://www.elenabrovelli.com/informativa-sulla-privacy
13. Applicable Law and Jurisdiction
These Terms and all disputes regarding their execution, interpretation and validity are subject to Italian law and the exclusive jurisdiction of the court of the place where Elena Brovelli is based.
If the User is a consumer within the meaning of art. 3 of the Consumer Code, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right of the User consumer to bring a case before a different court other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Civil Procedure Code.
14. Online dispute resolution for consumers
The Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, the Consumer may use such platform for the resolution of any dispute arising from the online contract entered into with Elena Brovelli. The platform is available at the following address: http://ec.europa.eu/consumers/odr/