Terms and Conditions of Studio Fé Art

Studio Fé Art – Federika Ceschi a Santa Croce Tosini
Via Guglielmo Marconi 17
39044 Egna (BZ)
Italy
E-mail: ciaostudiofe@gmail.com

VAT ID: IT03325440216

Important notice: The legally binding contract language is German. This English version is provided for information and convenience only. In case of any discrepancies or inconsistencies, the German version of the Terms and Conditions (AGB) shall prevail.

1. Seller information

The purchase contract is concluded with:

Studio Fé Art – Federika Ceschi a Santa Croce Tosini
Via Guglielmo Marconi 17, 39044 Egna (BZ), Italy.

Studio Fé Art creates and sells handcrafted artworks, in particular hand-painted cards and illustrations, often made to order and customised according to the customer’s wishes. The online shop is technically hosted and operated via the Shopify platform.

2. Scope of application

These Terms and Conditions (“Terms”, “T&Cs”) apply to all orders placed through our online shop and govern the contractual relationship between Studio Fé Art and:

• consumers, and
• business customers (B2B).

By accessing our website, using our services or placing an order, you agree to these Terms and to our Privacy Policy.

3. Nature of the products

Our products are predominantly handcrafted artistic works, created individually and often customised on the basis of the customer’s specifications (e.g. names, texts, dates, colours, specific motifs).

• We generally do not keep stock of standardised industrial products; each piece is usually created after an order has been placed.
• Product images shown in the online shop are for illustration purposes only. As each artwork is unique, the final piece may differ from the sample images.
• Minor variations in colours, lines, proportions or artistic details are typical of handmade artworks and do not constitute a defect.

4. Conclusion of contract

The product presentations in the online shop do not constitute a binding offer, but an invitation to place an order.

• By submitting an order via the online order form, you make a binding offer to purchase the selected products.
• The contract is only concluded once we have expressly confirmed your order (e.g. by e-mail).
• We reserve the right to refuse orders for justified reasons (e.g. technically impossible realisation, inappropriate or illegal customisation requests, obvious pricing errors, non-payment).

You are responsible for carefully reviewing all information before placing the order, especially names, texts, dates, colours and motifs requested for personalisation. Once production has started, changes or cancellations are generally no longer possible.

5. Prices and payment

• The prices applicable are those displayed in the online shop at the time the order is placed.
• Unless expressly stated otherwise, prices are in Euro and do not include any customs duties, import taxes or other charges in the destination country.
• Shipping costs are borne by the customer and are shown separately during the ordering process.
• Payment is made in advance using the available payment methods (e.g. PayPal, credit card, Shopify Payments, Apple Pay, Google Pay where available).

Order processing usually starts after payment has been successfully confirmed.

6. Shipping, delivery and transfer of risk

Shipping is mainly carried out via Poste Italiane or other suitable carriers. We ship within Italy, to EU countries and – where indicated in the shop – also to other countries (e.g. USA, Canada).

• Production time depends on the complexity of the artwork and the current workload.
• Delivery time depends on the carrier’s transit times and the chosen shipping method (standard or express).
• Any delivery times stated are estimates only and are not guaranteed delivery dates, unless expressly agreed otherwise.

For consumers within the EU, the risk of loss or damage to the goods passes to the consumer only when the consumer or a third party designated by the consumer (other than the carrier) acquires physical possession of the goods. If the consumer independently appoints a carrier other than the one offered by us, the risk passes when the goods are handed over to that carrier.

7. Customisation and customer content

For customised works, the customer is responsible for all texts, names, images or other content provided. The customer warrants that such content does not infringe any third-party rights (e.g. copyrights, trademarks, personality rights) and does not violate mandatory law or public policy.

We reserve the right to reject customisation requests that contain illegal, offensive, discriminatory or otherwise unacceptable content.

8. Right of withdrawal and its exclusion (custom-made products)

Under European consumer law, consumers generally have a right of withdrawal for distance contracts. However, there is an important exception for certain types of goods.

No right of withdrawal applies to contracts for:

• goods made to the consumer’s specifications, or
• clearly personalised goods.

Our artworks typically fall within this category of bespoke and/or clearly personalised items. Therefore, for products created individually according to the customer’s specifications (e.g. names, texts, colours, motifs, hand-painted cards made to order), no statutory right of withdrawal applies.

This includes in particular:

• hand-painted cards created after the order is placed;
• artworks containing names, dedications, personal texts or specific dates;
• artworks with colour schemes, motifs or compositions requested by the customer;
• any other piece created uniquely for a specific customer.

Minor differences from product photos – especially in terms of colour nuance, linework, proportions or artistic details – are inherent to handmade artworks and do not constitute a defect.

Should we in the future offer non-customised standard products, a separate withdrawal policy will be provided for those items, in accordance with applicable consumer protection law.

9. Legal warranty (consumers)

Consumers within the EU are entitled to the statutory legal warranty for defective or non-conforming goods. A product is deemed to be in conformity if it meets the contractual description and quality, is fit for ordinary and agreed purposes and reflects the nature and characteristics reasonably expected of such goods, taking into account their handcrafted and artistic character.

Any lack of conformity should be reported within a reasonable period, preferably with photographic evidence. In the event of a defect, the consumer may be entitled to repair, replacement, price reduction or contract termination, subject to the conditions and limitations laid down by applicable law and taking into account the unique nature of the artwork.

10. Warranty and liability for business customers (B2B)

For business customers, the statutory provisions of the applicable civil law apply. Defects must be notified without undue delay after delivery. Our liability for business customers is in any case limited to direct, foreseeable damages and does not cover indirect or consequential damages or loss of profit, to the extent permitted by law.

11. Intellectual property

All artworks, designs, motifs, illustrations, texts, photographs and other content on our website and products are protected by copyright and/or other intellectual property rights. The customer acquires no economic exploitation rights beyond the private enjoyment of the purchased artwork.

Without our prior written consent, it is prohibited to:

• reproduce, copy or digitise our artworks;
• distribute, publish or commercially exploit images of the artworks;
• create derivative works based on Studio Fé Art designs.

12. Limitation of liability

We are liable in accordance with the mandatory provisions of the applicable law. In particular:

• we do not exclude or limit liability for intent or gross negligence;
• we do not exclude or limit liability for damages resulting from injury to life, body or health;
• in cases of slight negligence, liability is limited to direct, foreseeable and contract-typical damages.

We shall not be liable for indirect or consequential damages such as loss of profit, except where such exclusion is not permitted under applicable law.

13. Applicable law and jurisdiction

These Terms and all contracts concluded via the online shop are governed by Italian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers residing in another EU Member State, the mandatory consumer protection provisions of the law of the consumer’s place of residence remain unaffected.

For disputes with consumers, the competent courts are those of the place of residence or domicile of the consumer, where required by applicable law. For business customers, the exclusive place of jurisdiction, to the extent permitted, is Bolzano (Italy).

14. EU online dispute resolution platform

The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr.

We are currently neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless mandatory law provides otherwise in the future.

15. Changes to these Terms

We reserve the right to amend these Terms at any time with effect for the future. The version applicable at the time of the order shall be decisive. Any material changes will be communicated in accordance with applicable legal requirements.