T&C | Malatesta Art

Terms & Conditions

1. Purpose & Enforceability of the Terms & Conditions

The purpose of enricomalatesta.art is to present and sell artworks created by Enrico Malatesta (the “seller”) to users of the site (potential “buyers”), offering an opportunity to discover and purchase these artworks online.

These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the artworks available on the site, and to define each party’s rights and obligations in such a relationship.

The sales made through the site are contracted directly between the buyer and the seller.

Please read these terms and conditions carefully before using this site and before ordering any artwork.

2. About the Terms

These terms (together with the privacy policy, cookie policy and other documentation referred to below) are the terms and conditions (Terms) on which you may make use of the website.
Please read these Terms carefully before you submit your order. These Terms tell you about the seller's artwork, how you will order products, how you and enricomalatesta.art may change or cancel an order, and other important information.
By using this site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, then you must not use this website. We recommend you print a copy for future reference.
enricomalatesta.art amends these Terms from time to time. Every time you wish to use the site, please check the Terms to ensure that you understand the Terms that apply at that time.
The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the seller and the buyer. The acceptance is confirmed by completing the order form at checkout.

3. Your Order

When you submit an order to purchase artwork on enricomalatesta.art, you are making an offer to purchase artwork from the seller subject to these Terms. A legally binding contract has been formed between you and the seller.
Each artwork ordered by you and accepted by the gallery constitutes a separate contract with the seller.
Each of the pieces of artwork offered comes with a short explanation sheet containing information about its substrate, its dimensions and type.
To order an artwork, the buyer must select the artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a user account). Before validating the order, the buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.
In the case that the artwork is no longer available, an email informing the buyer will be sent within 48 hours, cancelling the order.
Please be aware that deviations in color are possible in all product illustrations on the website and regularly do not constitute a defect. Defects due to natural wear and tear, improper handling, use and lack of or improper care or storage of the work(s) do not constitute a defect for which the seller is liable under warranty law.

4. Price & Payment

The sale price of the artworks, created by the seller, is listed on enricomalatesta.art and includes delivery and packaging fees.
Local taxes are to be paid directly by the buyer to his or her local authorities.
The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as well as the place of delivery.
The payment of the artwork price by the buyer is made via the payment services available from enricomalatesta.art: credit card transfer.
Transfer of ownership happens as soon as the full price has been paid by the buyer. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on the website.

5. Delivery

The delivery of the artworks is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the carrier chosen upon ordering.
The seller is responsible for the dispatch and packaging of your order. Your order shall be sent to you directly from Prodigi Fin Art printing Labs located in different countries. Prodigi will use the lab closest to you if possible.
Usually, the delivery takes a maximum of up to 21 working days. We will endeavor to dispatch the artwork within 1 working day of confirmation of the order, although this cannot be guaranteed, and time shall not be of the essence. The time may also vary depending on the seller´s availability, potential printing and framing of the work and the distance between the seller´s studio and your home. Whatever happens, the seller will keep you updated.
Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the artwork, as well as the conformity of the latter are the sole responsibility of the buyer, the seller shall in no case be held liable for failure to comply by the buyer, who is entitled to lodge a complaint against the delivery service provider. This also means that the seller is not liable for any loss, delay, or damage to the artwork.
The buyer must, as soon as he/she receives the order, check the condition of the artwork, and mention any reservation immediately in writing and including photographs of the state of the delivered artwork, at the latest within 48 hours, to mailto:malatesta.artist@gmail.com.
The delivery costs are paid by the buyer and vary based on the dimensions as well as the weight of the delivered artwork and depend on the destination (since the artworks are delivered globally).
Depending on the destination, your shipment may be subject to Customs and Excise Duty as well as Value Added Tax payment. The regulations differ from country to country.

6. Returns, Refunds and the Right of Withdrawal

You have a statutory right to return artwork ordered via enricomalatesta.art and you may request a refund.

I. If the artwork is damaged at the time of delivery and you notify the seller within 48 hours of delivery and return the same within ten days of the date on which you received your order.

In this case, the buyer is obligated to take high-resolution images of the freshly delivered, damaged package once before and once after opening it. The pictures as well as the complaint are to be sent to the following email address: mailto:malatesta.artist@gmail.com. The seller will then be responsible for handling the complaint with the delivery company. The seller will stay in close contact with the buyer to tell him/her about the following steps, especially in regard to sending the artwork back to the seller.
You can then either get paid back or get a new print of the artwork within fourteen days of the date on which the gallery receives the damaged artwork. Please note that the refund is only made to the purchaser of the artwork and will be refunded directly to the original payment method.

II. or, if you change your mind within fourteen days of the date on which you received your order (right of withdrawal).

Contact the seller by email via mailto:malatesta.artist@gmail.com. Please include your name, address, telephone number, email address, booking reference, the reason why you wish to return the artwork, and a high-resolution image of the artwork so we can inspect its condition.
The buyer is then obligated to dispatch the artwork within seven days of telling us that you wish to end the contract. In this case, the buyer must pay the costs of return and must use a method of postage equal to the method used by the seller to deliver the artwork.
If the returned artwork arrives damaged or dirtied (this also includes fingerprints on the artwork), then the buyer is obligated to also pay the seller his/her material expenses. The artwork will then be destroyed.
During this process of cancellation, the seller will stay in close communication with the buyer.
A refund may only be made to the purchaser of the artwork and will be refunded directly to the original payment method within fourteen days of the date on which the gallery receives the artwork. In the case of damaged or dirtied returned artwork the refund is reduced by the material expenses of the seller for producing the print in the first place.

Returns and refunds are not possible under any other circumstances. Please be also aware that deviations in color are possible in all product illustrations on the website and regularly do not constitute a defect. Defects due to natural wear and tear, improper handling (e.g., hanging up a print in direct sunlight), use and lack of or improper care or storage of the work(s) do not constitute a defect for which the seller is liable under warranty law.

7. Proper Treatment

It is assumed that all the seller’s prints are subject to environmental influences and may fade. The seller does not assume any warranty for this unalterable process of change.
Art prints may not be exposed, either in whole or in part, to direct sunlight, may not be hung directly over heaters and may not be exposed to humidity levels exceeding those of normal living rooms. Accordingly, art prints are not suitable for outdoor use, basements, bathrooms, and kitchens. Laminations with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains and may therefore only be handled with gloves or comparable protection.

8. No granting of rights, exhibitions

With the purchase of an artwork from enricomalatesta.art, you acquire only the physical artwork. No reproduction or distribution rights are granted. No other rights of use are granted. Any reproduction (duplication), distribution, renting, making available to the public or other analogue or digital utilization is not permitted. However, you may resell the artwork.

9. Intellectual Property

The seller guarantees that he is the author of the ceded artwork and that it does not violate any laws or infringe on the rights of third parties.
He commits to protect himself and the buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession.
Upon the sale, the seller assigns to the buyer the material substrate of the artwork and its representation rights on the artwork.
The seller, however, retains his moral rights on the artwork as well as the rights regarding its reproduction.

10. Data Protection

enricomalatesta.art gathers and retains the buyer’s personal data to ensure the proper execution of these terms.
The user has a right of access, modification, correction and deletion of his/her personal data processed via the site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address: mailto:malatesta.artist@gmail.com
The personal data provided by the seller will be destroyed no later than six months after the cancellation of the account.
The seller reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service.
The seller is committed to take all necessary measures to best protect the confidentiality of the information provided by the seller and the buyer.

11. Applicable law

Singaporean law shall apply with an exclusion of the UN Convention on Contracts for the International Sale of Goods. The Regional Singapore is agreed as the place of jurisdiction.