Terms and Conditions
General Terms and Conditions of Sale
1. General provisions and identification of the seller
These General Terms and Conditions of Sale govern the purchase of artworks, design objects and fashion accessories under the "Davide Cristofaro" brand on the website www.davidecristofaro.com. The Seller is Davide Cristofaro Limited, a company incorporated under English law (No. 09685798), with registered office at Unit 5, 399-405 Oxford Street, Mayfair, London, W1C 2BU, UK. Logistics, artisanal production and shipping are managed from Italy. Contact: customercare@davidecristofaro.com.
2. Consumer requirements and acceptance
2.1. Sales are reserved exclusively for final Consumers. Commercial resale is prohibited without prior written agreement.
2.2. Placing an order implies full acceptance of these Terms and Conditions, the Privacy Policy and the Return Policy.
3. Formation of contract and availability
3.1. The contract is concluded upon dispatch of the Order Confirmation by email. The Seller may cancel orders in the event of manifest pricing errors, suspected fraud or unavailability (e.g. artwork already sold offline), refunding the entire amount paid.
3.2. Right of Retention: Shipping is scheduled only after actual receipt of funds. The Seller may suspend dispatch in the event of a chargeback or payment dispute.
4. Warranties, authenticity and characteristics
4.1. Artworks and Design: Each original work is accompanied by a Certificate of Authenticity signed by the artist Davide Cristofaro. Slight chromatic variations or variations in brushwork are distinctive features of manual execution and artistic value, and do not constitute defects.
4.2. Fashion Accessories: Silk is a natural fibre. Minor irregularities in the weave attest to the artisanal nature of the Made in Italy fabric.
4.3. Single-Use Security Seal: All products are fitted with a seal. Removal or tampering with the seal invalidates the right of return:
- For Fashion products: for reasons of hygiene and health protection.
- For Art and Design: to guarantee the integrity, originality and collectible value of the work.
5. Prices, VAT and customs charges (Incoterms DAP)
5.1. EU Shipments: Prices include VAT (where applicable) and are exempt from customs duties.
5.2. Non-EU Shipments (incl. UK and USA): Orders are shipped under DAP (Delivered At Place) terms. Customs duties, import taxes and clearance charges are the exclusive responsibility of the Consumer.
5.3. In the event of refusal of delivery due to non-payment of customs duties, the costs of forced return and any customs charges incurred by the Seller will be deducted from the refund due to the Customer.
6. Shipping, transfer of risk and reservation clause
6.1. The risk of loss or damage passes to the Customer upon physical delivery. Every shipment is insured free of charge against theft and damage until delivery.
6.2. Glass and art clause: The Customer MUST inspect the package upon arrival. In the event of visible damage or sounds of breakage (glass), it is mandatory to sign with a "SPECIFIC INSPECTION RESERVATION" (e.g. "Audible broken glass", "Torn packaging"). In the absence of such notation, the insurance will not apply and the Seller will not be able to proceed with refunds or replacements.
7. Exclusion of right of withdrawal: commissioned works and customisations
7.1. Pursuant to Art. 59 Codice del Consumo UE and applicable international regulations, the right of withdrawal is EXCLUDED for goods made to measure or clearly personalised.
7.2. The following fall within this exclusion: commissioned paintings, portraits and glass prints made on demand. Such orders are irrevocable once production has commenced.
8. Right of withdrawal (for non-personalised goods)
8.1. The Consumer has 14 days from receipt to withdraw. The item must be returned intact, in its original packaging and with the seal unbroken.
8.2. Return shipping costs are borne by the Customer, except in the case of defects reported within 48 hours of delivery.
9. Intellectual property and copyright
9.1. The artist Davide Cristofaro is the exclusive owner of all intellectual and industrial property rights, including trademarks, designs, models and copyrights relating to the works and products featured on the Site. Davide Cristofaro Limited is exclusively authorised to use and commercialise such assets.
9.2. The purchase of a work or product does not confer upon the Customer any right of reproduction, adaptation or commercial exploitation. Any infringement will be pursued through legal action in international courts to protect the integrity of the artistic heritage and the brand.
10. Export of cultural goods
For original artworks, non-EU shipping times may vary due to the need to obtain mandatory documentation for the export of contemporary art from the Italian authorities.
11. Limitation of liability
The Seller is not liable for damages arising from improper use or Force Majeure (customs blockages, strikes, weather events). Liability is limited to the purchase price paid.
12. Governing law and jurisdiction
12.1. The contract is governed by the law of England and Wales. For EU Consumers, the mandatory provisions of the law of the country of residence apply.
12.2. Jurisdiction: Courts of London (UK). The right of EU Consumers to bring proceedings before the courts of their place of domicile is reserved.
13. Online withdrawal: where it is and how to use it
13.1. The withdrawal function: withdrawal is exercised directly on the Site, with no email to write and no form to fill in. In your account, section “Orders”, open the order: the block “Right of withdrawal” contains the button “Withdraw from contract here”, which opens the withdrawal function.
13.2. Orders placed without an account: if you ordered as a guest, the same button “Withdraw from contract here” is in your order confirmation email. If you no longer have that email, you can request a new link from the Withdrawal page, giving the order number and the email address of the order.
13.3. How it works: select the items you wish to withdraw from and press “Confirm withdrawal”. Withdrawal is validly exercised the moment you press that button. Immediately afterwards you receive a receipt by email, with the text of your statement and the exact date and time of transmission.
13.4. Withdrawal form: the withdrawal form set out in Annex I(B) of the Consumer Code remains available to you, on an optional basis, on the “Withdrawal form” page. You are not obliged to use it: withdrawal may also be declared by any other explicit statement.
