Terms of service
Terms and Conditions.
These terms and conditions of contract (“Terms and Conditions”) regulate the sale of photographic works of art reproduced in limited copies in number of 8 (eight), printed on paper or on specific materials, chosen by the purchaser (“Products”), carried out at a distance through the Internet, from this website (“Website”), owned by Ivezz s.a.s. di Vezzoli Maurizio & C. (“Ivezz” or, alternatively, the “Seller”), with registered office in Via Cesare Ajraghi 40, 20156 Milan, e-mail info@mauriziovezzoli.com.
These Terms and Conditions and their modifications are knowable and, therefore, effective towards the users of the Website (hereinafter “Customers”), by means of publication in its web pages. By submitting his purchase proposal (hereinafter “Order”), the Customer confirms that he has read, understood and fully accepts them together with the privacy policy of the Website (hereinafter “Privacy policy”), regarding the processing of his personal data.
1). The Parties
Purchases of the Products made on the Website, are concluded between the Seller and the natural person purchasing for purposes unrelated to or pertaining to his or her business, trade, craft or profession, as the buyer. Seller and Customer will hereinafter also be referred to as the “Party” or the “Parties.” Customers who purchase for purposes unrelated to their own business, trade, craft or profession are also referred to as “Consumers” and - if the conditions exist - are the holders of the relevant rights.
To place an Order on the Website, the Customer must have the ability to conclude binding agreements, according to the law applicable to the contract concluded with the Seller. By placing the Order, the Customer confirms that he has this requirement.
2). Order Conclusion.
To make purchases on the Website it is not necessary to be registered.
The Customer places the Order, selecting the Products he wishes to purchase; defining his customizations, choosing the materials on which the photograph will be reproduced, the sizes and the format; placing them in the shopping cart; paying the price and transmitting it to the Seller, clicking on the “Complete Order” button. By selecting the “Complete Order” button, the Customer declares that he knows that the Order he is placing involves a payment. The procedure allows the Customer to check and change any mistakes before placing the Order, using the “Return To” function.
The contract between the parties is concluded and the Order is accepted by the Seller only when the Customer receives at his address an e-mail confirming acceptance of his proposal (hereinafter “Order Confirmation”), which also contains a summary of all relevant details of the Products purchased, details of the price and payment method, information on delivery charges, if any, and applicable taxes and fees, the exclusion of the right of withdrawal, being the purchase relating to "tailor-made or clearly personalized" Products, and the link to these Terms and Conditions.
The Seller reserves the right to accept or reject, even partially, the Customer's Order, by sending an e-mail to the address indicated by him, forwarding the Order. Specifically, in the event of unavailability of one or more materials used for printing photographs related to the Order placed by the Customer, he will be notified by e-mail. In such an eventuality, the Order will not be accepted by the Seller or will be accepted only limited to the available Products. In case of partial acceptance, the Customer will pay only the price related to the available Products, which will be charged to him by the chosen payment method.
After receipt of the Order Confirmation by the Customer, the Order can no longer be cancelled, nor can it be modified.
3). Requests for further customizations and/or special sizes and formats
In the case of further customizations and/or requests for special materials, sizes and/or formats, compared to those that can be optioned on the Website, the Customer must contact the Seller at info@mauriziovezzoli.com or by telephone and define with him the contents of the agreement and the manner of realization of the requested Products. In this eventuality, the contract is concluded by an exchange of e-mails on the specific conditions established between the Parties, when the Seller's proposal is accepted by the Customer.
These Terms and Conditions shall apply only insofar as they are not derogated from the special conditions defined by the Parties.
4). Payment: price and shipping charges
The prices published on the Website are in euros and include VAT (hereinafter “Price” or “Prices”).
Delivery Charges (hereinafter “Charges”) for the purchased Products shall be borne by the Customer.
Payment of the Price set forth in the Order Confirmation and the Charges may be made by the Customer using main credit and debit cards and PayPal, as well as by bank transfer arrangement (hereinafter “Payment Method/Methods”), as specified by the purchase procedure at checkout.
The charging of the Price with the Payment Methods chosen by the Customer will be made at the time of the Order Confirmation of the purchased Products and will follow only after the necessary verification and security checks have been carried out and the feasibility of the Products has been confirmed by the Seller.
If payment is made by credit or debit card, the Customer will be transferred to a secure website and the card data will be communicated directly to the financial operator (hereinafter “Operator”) who handles payments on behalf of the Seller. The data will be transmitted in a secure mode using a Secure Socket Layer (SSL) encrypted connection. These data are not processed by the Seller, nor does the Website process any of the Customer's financial information, which takes place exclusively on the Website and under the responsibility of the Operator managing the payments.
Payment by bank transfer can be selected at the time of the conclusion of the Order and must be made within 24 hours of the Customer's Order, otherwise no Order Confirmation will be sent by the Seller and the contract with the Customer will not be concluded.
The Seller does not have access to and does not process the Customer's financial and banking data.
All costs and expenses (including any fees) associated with the bank transfer that may be charged, from time to time, to the Customer by its bank shall remain the sole responsibility of Customer.
For each Order Confirmation, the Seller will issue an appropriate invoice/receipt which will be sent to the Customer. The invoice/receipt will be issued based on the information provided by the Customer at the time of the Order. No changes to the invoice/receipt are allowed after it has been issued.
5). Delivery of Products
All products are delivered to the address indicated by the Customer, by courier.
The shipment of the Products purchased on the Website will take place within 15 (fifteen) working days from the Order Confirmation, necessary to print the photographs on the materials chosen by the Customer, unless longer times are communicated.
Deliveries will take place, however, no later than 30 (thirty) days from the Order Confirmation.
At the time of shipment, the Customer will receive an e-mail, to his e-mail address, in which will be indicated the tracking number with which his shipment can be followed.
Not all Seller's Products can be delivered everywhere. In any case, the checkout procedure will not allow to send the Order if the Product cannot be delivered by the Seller to the address indicated by the Customer.
If multiple products are the subject of an Order Confirmation, they may exceptionally be delivered by separate shipments and on different dates.
Upon delivery, the Customer must check the accuracy of the number of packages received and check that the packaging and its seals are intact, undamaged, not wet or altered in any way. Any damage to the packaging and/or the Products or the mismatch in the number of packages must be immediately contested by the Customer to the courier, signing the delivery document with reservation and then contacting the Seller at the contact details indicated on its Website.
Once the courier's document has been signed, without the Customer having raised any complaint, the Customer may not raise any claim regarding the external characteristics of the delivered package, without prejudice to the claim regarding the Products contained therein.
The risk of loss of or damage to the Products passes to the Customer at the time the Customer (or a third party designated by the Customer and other than the carrier) physically takes possession of the Products.
Damaged Products will be replaced by Seller at no cost to Customers, within 30 (thirty) business days of delivery.
The shipping costs for returning the damaged package to the Seller and for the possible return of the Products to the Customers to replace the damaged ones are borne by Ivezz.
6) Information about the photographic artworks sold on the Website and intellectual property rights
The information and main characteristics relating to the photographic artworks sold by Ivezz are available on the Website under each image and include the author's name, title, description of the technique used, edition and year of creation, as well as the formats, the print materials and the types of finishes available.
The reproduction of photographs on the Website is purely indicative in that their display in terms of tone, color shades and size may vary depending on the tool used by the Customer.
The Customer is aware that all the photographic artwork published on the Website, as well as all trademarks, and any other distinctive sign, name, design, written or graphic text used and published therein are the exclusive property and subject to Ivezz's rights, without the Customer having any right to reproduce, copy, modify, download and/or make available to the public and distribute them being derived from access to the Website and/or the purchase of the Products.
7). Seller's legal guarantee of conformity towards Consumers.
The Seller is required by law to assume all responsibility towards Customers who are Consumers for original defects of conformity of the Products sold on the Website (hereinafter “Guarantee”).
If the Products purchased on the Website have defects of conformity, the Consumer shall contact the Seller, by e-mail at info@mauriziovezzoli. Before proceeding with the return, the Consumer must be authorized by the Seller. To verify the non-conformity of the Product, the Seller may request photographs or other documentation from the Consumer. In any case, the sole activation of the procedure for defects of conformity and the receipt of the products by the Seller does not imply recognition of any defects until they are specifically acknowledged by him in writing.
The Consumer has the right to obtain the full restoration of conformity of the Product by repair or replacement and without charge to him. If repair is objectively impossible or excessively onerous and replacement is impossible due to unavailability of the Product, the Consumer may request an appropriate reduction of the Price or refund.
The Seller shall provide a full refund of the Price paid by the Consumer, including delivery charges, if paid by the Consumer (“Refund”), within 14 (fourteen) days of receipt of the Products at his address. This Refund shall be made by the Seller using the same Payment Methods used by the Consumer to place the Order or - at the Consumer's request - by issuing a voucher to be spent on Products sold on the Website.
In the case of payment by bank transfer, the Consumer will be asked to provide his bank details to make the Refund.
The action aimed at asserting an alleged lack of conformity is prescribed, by law, in the period of 26 (twenty-six) months from the date on which the Products were delivered to the Consumer.
If the Consumer requests the repair or replacement of the Products due to an alleged lack of conformity, the delivery costs for the return of the Products to be repaired or replaced, as well as all the costs for the redelivery to the Consumer of the repaired or replaced Products, shall be borne in full by the Seller.
It is excluded the application of any guarantee and any liability of the Seller in case of non-conformities arising and dependent on the use of the Products by the Consumer.
In the case of Customers who are not also Consumers, the aforesaid Guarantee is not due and only what is provided for in point 4) above of these Terms and Conditions shall apply, in relation to damaged Products, as well as the legal guarantee for defects and lack of quality of the products bought and sold, due from the Seller, pursuant to articles 1490 et seq. c.c.
8). Exclusion of the Right of Withdrawal
The Products sold on the Website are made by the Seller only after the Order Confirmation and are “tailor-made or are clearly customized” according to the specific requests of the Customer, who chooses the materials, the size, the format and finishes of the photograph that is reproduced in copies limited to the number of 8 (eight).
Consumers are, therefore, informed and accept that the Products sold on the Website cannot be returned following the exercise of the right of withdrawal, since - once made for the Customer - they are not suitable to be further marketed on the materials, in the size, in the format and with the specific finishes chosen by them.
In cases of return of Products by Consumers claiming to exercise the right of withdrawal - therefore - Ivezz will return them, charging them the costs of return or disposing of them if requested by them.
9). Changes to the Terms and Conditions and Prices
The seller reserves the right to change these Terms and Conditions and Product Prices at any time. Any changes made shall be effective as of the date of publication on the Website and shall apply only to Orders placed after such publication.
10). Applicable Law and Disputes
These Terms and Conditions and contracts with Customers are governed by Italian law, or other applicable laws (such as certain consumer laws of their country of residence), where such laws clearly prevail over Italian law.
Disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be devolved to the jurisdiction and competence of the court of the place of residence or domicile of the Customer where they clearly prevail over the Italian jurisdiction and competence of the Milan Court.
The Customer, who is a Consumer, may also choose to access the platform for the out-of-court settlement of disputes provided by the European Commission, present at http://ec.europa.eu/odr
11). Contacts
Ivezz sas di Vezzoli Maurizio & C., Via Cesare Ajraghi 40, 20156 Milano, Italy, p.iva 03383080961.
E-mail info@mauriziovezzoli.com; Tel. +39 02 4946 4566.
12) Personal data
To proceed with the registration, the placing of the Order and thus the conclusion of the contract with the Seller, the Customer must provide his personal data. He acknowledges that the personal data provided will be recorded and used by the Seller in accordance with the legislation on the protection of personal data set forth in the European General Regulation 2016/679 (GDPR) and Legislative Decree 196/2003 (Privacy Code), to execute the Customer's Orders placed on the Website and all consequent activities. With the Customer's consent, the Seller may carry out the additional processing activities indicated in the appropriate Privacy policy available on the pages of the Website.
The Customer assures that the data provided to the Seller, during the process of registration and purchase of Products, are correct and true and undertakes to keep them up to date.