Terms of service

WEBSITE TERMS OF USE

Access to and use of www.floridartemoda.com are activities governed by these General Terms of Use. Access to this site and its use, as well as the purchase of the products presented on it, presuppose the reading, knowledge, and acceptance of these General Terms of Use.

This website is managed and maintained by Tiziana G. Perrucci with registered office in Milan (MI), 20156.

Amendments to the Terms of Use

The Manager, Tiziana G. Perrucci, may modify or simply update, in whole or in part, these General Terms of Use. The amendments and updates to the General Terms of Use will be notified to users on the Homepage as soon as they are adopted and will be binding upon their publication on the website in this section. Access to and use of the site presuppose the User's acceptance of these terms of use.

Responsibility for Site Use

Access to and use of www.floridartemoda.com, including the viewing of web pages, communication with the Manager, the ability to download information about products, and the purchase of the same on the website, are activities conducted by the User exclusively for personal uses, unrelated to any commercial, entrepreneurial, or professional activity. The User is personally responsible for the use of www.floridartemoda.com and its contents. The Manager shall not be held liable for any use of the website and its contents by any of its users that does not comply with the laws in force, without prejudice to liability for willful misconduct and gross negligence. In particular, the User will be solely and exclusively responsible for the communication of incorrect, false, or third-party data and information, without the latter having given their consent, as well as in consideration of any incorrect use thereof.

Any material downloaded or otherwise obtained through the use of the service is at the User's choice and risk; therefore, all responsibility for any damage to computer systems or loss of data resulting from downloading operations falls upon the User and cannot be attributed to the Manager. The Manager declines all responsibility for any damage deriving from the inaccessibility to the services present on the site or from any damage caused by viruses, corrupted files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers, or telephone and/or telematic connections, unauthorized access, alteration of data, failure and/or faulty operation of the User's electronic equipment.

The User is responsible for the custody and correct use of their personal information, including the credentials that allow access to reserved services, as well as any harmful consequence or prejudice that may arise for the Manager or third parties as a result of the incorrect use, loss, or theft of such information.

Privacy Policy

Reference is made to the section relating to the Privacy Policy, which also applies if the User accesses www.floridartemoda.com and uses the related services, but does not purchase any product.

Intellectual Property Rights

The contents of www.floridartemoda.com, such as, by way of example, works, images, photographs, texts, documents, drawings, figures, logos, and any other material, in any format, published on www.floridartemoda.com, including menus, web pages, graphics, colors, schemes, tools, fonts, and the design of the website, diagrams, layouts, methods, processes, functions, and the software that are part of www.floridartemoda.com, are protected by copyright and any other intellectual property right of the Manager and other rights holders. Reproduction, in whole or in part, in any form, of www.floridartemoda.com and its contents, without the express written consent of the Manager, is prohibited. The Manager has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any manner or form, in whole or in part, of www.floridartemoda.com and its contents.

With regard to the use of www.floridartemoda.com, the User is only authorized to view the website and its contents and to perform exclusively temporary reproduction acts, without economic significance, which are considered transitory or accessory, an integral and essential part of the viewing of www.floridartemoda.com and its contents, and all other navigation operations on the website that are executed only for a legitimate use of the aforementioned sites and their contents.

The User is not authorized to carry out any reproduction, on any medium, in whole or in part, of www.floridartemoda.com and its contents. Any act of reproduction must be, from time to time, authorized by the Manager.

The User undertakes to respect the copyright of the artist Florido Pontani and of those who have collaborated and collaborate with www.floridartemoda.com in the creation of every expressive and artistic form intended to be published, even if not exclusively on the website, or which forms an integral part thereof.

Furthermore, the User is, under no circumstances, authorized to use, in any way or form, the contents of the website and every single work protected by copyright and any other intellectual property right.

Content

The Manager has adopted every precaution to prevent the publication, on the website, of contents that describe or represent scenes or situations of physical or psychological violence or that, according to the sensitivity of www.floridartemoda.com users, may be deemed harmful to civil convictions, human rights, and the dignity of people, in all their forms and expressions.

The Manager has adopted every useful precaution to ensure its users that the contents of www.floridartemoda.com are accurate and do not contain incorrect or outdated information, with respect to the date of their publication on the website and, as far as possible, even subsequently.

However, the Manager assumes no responsibility towards users regarding the accuracy and completeness of the contents published on www.floridartemoda.com, without prejudice to its liability for willful misconduct and gross negligence and unless otherwise provided by law. Furthermore, the Manager cannot guarantee users that the website operates continuously, without interruptions, and in the absence of errors or malfunctions due to the Internet connection.

For any problems encountered in the use of the website, contact Customer Service or the following e-mail address: info@floridartemoda.com. A representative will be available to provide assistance and restore the functionality of access to the website, if possible. Likewise, we recommend contacting the Internet service provider or checking that every device for connecting to the Internet and accessing web content is activated correctly, including the Internet browser.

Although the Manager will try to do everything possible to ensure continuous access to its website, the dynamic nature of the Internet and its contents may not allow www.floridartemoda.com to operate without suspensions, interruptions, or discontinuities due to the need to carry out website updates.

The Manager has adopted adequate technical and organizational measures to safeguard the security of its services on www.floridartemoda.com, the integrity of data related to traffic and electronic communications against unauthorized use or knowledge, and to prevent risks of data dispersion, destruction, and loss of confidential and non-confidential information related to its users, present on the site www.floridartemoda.com, or unauthorized access, or non-compliant with legal standards, to the data and information themselves.

Applicable Law and Dispute Resolution

These General Terms of Use are governed by Italian law. In the case of disputes arising from the General Terms of Use between the Manager and each of its end users, the Manager guarantees, from now on, full adherence and acceptance of the RisolviOnline conciliation service.

RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan Monza Brianza, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner, on the Internet. For more information on the RisolviOnline.com regulations or to submit a conciliation request, access RisolviOnline.com.

 

TERMS AND CONDITIONS OF SALE

Subject: This contract governs the sale, via the website www.floridartemoda.com, of Florido Pontani's artworks, which are small in size and predominantly created on supports such as cardboard or various types of paper, as described in the purchase order placed by the Buyer, and the digital files of the artworks themselves.

Definitions:

  • Seller: Tiziana Gemma Perrucci, with registered office in Milano, via Sapri 35, Fiscal Code PRRTNG79C51E202T, e-mail tiziana.perrucci@gmail.com

  • Buyer: The natural or legal person who places the purchase order, whose data is provided during the registration/checkout procedure.

  • Artwork (or Work): The physical painting or digital file sold, as specifically described in the Product Sheet on the Website.

 

A - PHYSICAL ARTWORKS and AUTOGRAPHED PRINTS

The Seller wishes to specify that the physical artworks are dated and not newly created, therefore they may show signs of wear on both the support and the materials used: the artworks are not perfect, and this very imperfection increases their value and strengthens their authenticity.

For large-sized canvases, please contact the Seller directly via the Contacts section of the Website.

1. Artwork Description: The Seller guarantees that the Artwork is represented on the Website as faithfully as possible. The description includes: title, author, dimensions, technique, year of creation, state of conservation, and, if applicable, its numbering in case of a limited edition. The Buyer acknowledges that slight differences in color and detail may result from screen resolution and monitor settings.

2. Price: The price of the Artwork is the one indicated on the Website at the time the order is placed, expressed in Euros. The price includes VAT, but DOES NOT INCLUDE shipping costs, which are calculated separately and clearly indicated before order confirmation.

Authenticity: The Seller undertakes to provide a certificate of authenticity for the Artwork, signed by the artist (if living) or by the Seller/curator, in compliance with current regulations.

3. Purchase Method and Contract Conclusion

  • Order: The Buyer completes the online purchase procedure and submits the order to the Seller. Submitting the order implies full acceptance of this Contract.

  • Acceptance and Conclusion: The Contract is considered concluded when the Seller sends the Order Confirmation to the Buyer, at the provided email address, containing a summary of the Artwork, the total price, and the shipping costs. The Seller reserves the right not to accept the order in case of Artwork unavailability or non-receipt of payment.

4. Payment

Payment must be made using one of the methods indicated on the Website (credit card). Shipment of the Artwork will only occur after the full amount due has been received.

5. Shipment and Delivery

  • Packaging: The Artwork will be professionally packaged to ensure maximum protection during transport.

  • Terms and Costs: The actual shipment of the artwork takes place on the Saturday following the payment of the order. The Seller will send all tracking information via e-mail. The Seller is not responsible for delays attributable to the courier.

  • Transfer of Risk: The risk of loss or damage to the Artwork, due to causes not attributable to the Seller, transfers to the Buyer at the moment the Buyer (or a third party designated by the Buyer other than the carrier) acquires physical possession of the Artwork. It is the Buyer's responsibility to verify the integrity of the Artwork upon delivery and, in case of visible damage, accept the goods with a specific written reservation or refuse delivery, immediately informing the Seller.

6. Right of Withdrawal

The Buyer has 14 calendar days to withdraw from the contract, starting from the day the goods are delivered (the courier's delivery receipt serves as proof).

  • Method of Exercise and Return

    • The Buyer must notify their decision through an explicit statement, i.e., via e-mail to info@floridartemoda.com, within 14 days from the date of receipt (the courier's delivery notification serves as proof). A reason is requested.

    • Once the withdrawal/return of the artwork is communicated and approved, the buyer has an additional 14 days to return the painting.

    • The return shipping costs are borne by the Buyer.

  • Seller's Refund Obligation

    • The Seller will refund only the value of the artwork (excluding the shipping costs incurred), provided that the Buyer respects the aforementioned deadlines for the return request (14 days) and the subsequent shipment (14 days from the day of approval of the withdrawal/return), and using the same payment method.

 

B – DIGITAL FILE ARTWORKS

1. Content Information

The Seller guarantees that the Content complies with the description provided on the Website www.floridartemoda.com (file format, dimensions, functionality). The Buyer acknowledges and accepts that it is their responsibility to verify that their devices and software meet the minimum technical requirements necessary to access, download, and use the Content, as specified in the Product Sheet.

2. License of Use

  • Intellectual Property: The Buyer acknowledges that the Seller (or its licensors) retains all intellectual and industrial property rights (including copyright) related to the Content. The sale of the Content does not constitute a transfer of intellectual property.

  • Grant of License: With the purchase, the Seller grants the Buyer a personal, perpetual, non-exclusive, and non-transferable license for the use of the Content for limited commercial purposes, specifically for the creation of end products (e.g., prints, websites, videos, publications) intended for use or sale by the Buyer or their clients.

Furthermore, the Buyer is expressly prohibited from:

  • Resale of the Original Content: Distributing, reselling, sub-licensing, transferring, or making the Content (or parts thereof, even if modified) available as a standalone digital file or as a stock resource.

  • Free Distribution: Sharing or distributing the original Content free of charge in any way.

  • Use for Competing Products: Using the Content to create products or services that directly compete with the Seller's business (e.g., if you sell resume templates, you cannot use the template to sell resume templates).

  • Inclusion in Commercial Products (as the main component): Including the Content in a product intended for resale where the digital Content represents the primary value of the final product.

  • Number of Users/Installations: This license is valid for a single user or for [specify the maximum number] installations on devices owned by the Buyer.

Should the Buyer be interested in other uses, including commercial ones, they may contact Tiziana Gemma Perrucci directly at the email tiziana.perrucci@gmail.com.

3. Purchase Method and Delivery

The Contract is considered concluded when the Seller sends the Order Confirmation to the Buyer via e-mail after receiving payment.

The Content is made available to the Buyer immediately or without delay after the conclusion of the Contract, via: (a) Download link sent via e-mail; (b) Direct download from the order confirmation page; (c) Access to the restricted area of the Site.

The Seller is not responsible for download issues caused by a slow internet connection or unsuitable devices belonging to the Buyer.

4. Right of Withdrawal and Express Consent

Art. 59, letter o, Italian Consumer Code: The Buyer acknowledges and accepts that, according to current legislation, the right of withdrawal is excluded for contracts concerning the supply of digital content not supplied on a tangible medium, such as downloadable files.

5. Conformity Guarantee and Remedies

The Seller guarantees that the Content will be provided in conformity with the description and will be free from defects that prevent its appropriate use.

  • Lack of Conformity: In case of a lack of conformity (e.g., corrupted file, not openable according to the declared standards, incompleteness), the Buyer is required to report it within 7 days.

In case of an ascertained lack of conformity, the Seller primarily undertakes to restore conformity (e.g., by providing a new download link or a repaired copy of the file). If restoration is not possible or excessively burdensome, the Buyer will be entitled to a proportional price reduction or termination of the contract and refund.

Applicable Law and Competent Court

This Contract is governed by Italian law. For any dispute arising from or related to this Contract, the competent court will be the Court of Milan.

 

PRIVACY

The Consumer can obtain information on the processing of personal data by accessing the Privacy Policy.

The General Terms of Use also contain important indications on the processing of user personal data and the security systems adopted.

For any other information on the Privacy Policy, you can directly contact the following e-mail address: info@floridartemoda.com.

Applicable Law and Dispute Resolution

The General Terms and Conditions of Sale are governed by Italian law and, in particular, by Legislative Decree 6 September 2005 no. 206, on the Consumer Code, with specific reference to the legislation on distance contracts, and by Legislative Decree 9 April 2003 no. 70 on certain aspects concerning electronic commerce.

In the event of disputes between the Seller and each End User, arising from the General Terms and Conditions of Sale, the Seller guarantees, from now on, full adherence and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan Monza Brianza, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner, on the Internet. For more information on the RisolviOnline regulations or to submit a request, access RisolviOnline.com.

Amendments and Updates

The General Terms and Conditions of Sale may be modified, also in consideration of any regulatory changes. The new General Terms and Conditions of Sale will be effective from the date of publication on the site.

Customer Assistance

The Consumer can request any information through our assistance services via e-mail to the following address: tiziana@floridartemoda.com or by using the form in the Contacts section of the site.