Terms & Conditions
This site (www.nicolamatteomunari.com) is operated by Nicola-Matteo Munari. Its layout, design, and all its original content and product imagery belong to Nicola-Matteo Munari and cannot be copied or used without permission. Throughout the site, the terms “we”, “us” and “our” refer to Nicola-Matteo Munari, who offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants, and/or contributors of content. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Online Store Terms
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve 1) transmissions over various networks; and 2) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness, and Timeliness of Information
We do our best to offer accurate information regarding all of our products and any related services, such as but not limited to printing, packaging, shipping and delivery. However, we are not responsible if information made available on this site may result not accurate, complete or current, so any reliance on the material on this site is at your own risk. Some information reported on this site may in fact be provided for general information only and should not be considered as definitive (for example, changes may occur in product packaging, production times, or delivery times). Also, this site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Representation of Products
In most of the cases, the images shown on the website reproduce the original photographs and not the final photographic prints offered for sale as products. However, we made our best effort to illustrate the actual tonal range of the prints in order to allow users having a good perception of the printed product. Nonetheless, it is important to consider that the images reproduced on this site are low-resolution images and that the visualization may vary both based on the monitor’s display on which they are seen as well as on the settings of the monitor itself. We cannot guarantee that your monitor’s display will be accurate.
Ordering, Conclusion of Contract
To place an order with Nicola-Matteo Munari add any product to the cart and proceed to checkout. Our online store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you. After placing an order you will receive a confirmation email. The receipt of the order confirmation email constitutes acceptance of your order and your agreement to these terms and conditions. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, we will notify you and ask you to contact us at info@nicolamatteomunari.com to settle the refund.
Sales and Availability of Products and Services
Certain products or services may be available exclusively online through the website and/or made-to-oder and/or available in limited quantities only. Therefore, all of our products are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Prices
The prices displayed at checkout are final prices, including the statutory Value Added Tax (VAT). Invoicing is made in accordance with Italian law. If not otherwise indicated, shipping costs are included in the final prices. Should we be unable to supply the goods you have ordered at the price or conditions shown, we will notify you as soon as possible. Please take note that extra-EU customers are responsible for any possible taxes that may be applied to international purchases and for any customs charges that may be applied to the package. Customs determines these charges, and Nicola-Matteo Munari has no way of knowing what these charges may be.
Modifications to the Service, Products and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof, including shipping) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service and/or any product.
Payments
You can choose from a variety of payment methods for your purchase. At the moment, we accept the following payment methods: credit card, debit card, PayPal, Apple Pay, Google Pay, etc. Customers are required to settle all payments immediately at checkout, or upon receipt of order confirmation from us. If not otherwise indicated all payments must be made in Euro (€). Title to all goods remains with Nicola-Matteo Munari until payment is made in full. Only after payment has been received in full, will goods be released for delivery (or collection). You are obliged to submit a correct email address and to inform us if your email address changes. Please note that we reserve the right to send payment requests to your email address.
Shipping
We will arrange packing and worldwide shipping services for your order. If not otherwise indicated, shipping costs are included in the final price. However, if for any reason we will not be able to cover the costs of shipping we will notify that to you at the earliest opportunity. In that case, please note that a service charge may apply. All goods will be shipped with a traceable method. Please note that we do not guarantee shipping prices, shipment time, or quality of any third party services engaged by us on behalf of the customer. We are not liable for any damages or loss sustained in transit via third parties.
Customs Charges
Customers are responsible for any customs charges that may be applied to your shipment. Customs will determine these charges, and we have no way of knowing what these charges may be. Customers must comply with, and observe all applicable legislation and regulations, including obtaining any relevant import permits needed to purchase goods from us. We do not accept liability for goods purchased by customers in respect of any local import laws.
Delivery and Damages
Customers are obliged to examine all goods upon delivery. Any damages to the print(s) incurred during shipping must be immediately reported to us via email to info@nicolamatteomunari.com. If you should find any damage or defect in the packaging, we strongly suggest to document both the opening of the package and the unboxing of the print(s), through the means of filming with your smartphone. We will, for any products deemed defective, provide a full refund, excluding the costs of delivery and return. Please note that all of our prints are artistic works and the product of an artisanal process so they might show signs and/or traces of the production process. This is not sufficient for a refund. If customers fail to notify us within 7 days from delivery or to provide proofs that any damages occurred before delivery, we shall accept no liability. The provisions set forth herein do not limit any applicable statutory rights.
Withdrawal of Order
If you wish to cancel your order prior to delivery, please provide us with notice in writing via email to info@nicolamatteomunari.com and return the item or items to us as set out in the Return Policy, if applicable. We will provide a refund by attempting to use the same method used to make the payment as soon as possible and at the latest within 30 days of receiving your notice of cancellation, provided we have received the items. Please take note that made-to-order prints are not eligible for return and refunds.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy, that are an integral part of these Terms.
Return Policy and Refunds
We do accept returns within 14 days from delivery, if goods are returned in sold and saleable condition, excluding associated delivery costs. Customers are obliged to notify us within 7 days from delivery, should any of the delivered goods be defective or damaged. If customers fail to notify us within the given timeframe, we shall accept no liability. We may refuse returns of items which have been altered by the customer in any way. Also, please note that all of our prints are artistic works and the product of an artisanal process so they might show signs and/or traces of the production process. This is not sufficient grounds for a refund. Additionally, customers may not return an item if its dimensions or other characteristics do not fit its requirements. We strongly recommend that customers measure all access areas prior to making a purchase. The right to return an item does not apply to the following types of goods, which are non-refundable: items that are personalised, bespoke or made-to-order to the Customer’s specific requirements. In case of return, customers assume responsibility for payment of all shipping costs and any damage the goods may incur during shipping, storage or delivery regardless of the reason for return. You may send the item back to us at the following address using any insured and traceable method. Return Address: Nicola-Matteo Munari, Via Verdi 23, 29121 Piacenza, Italy. All items are inspected by Nicola-Matteo Munari on return. If goods are returned in sold and saleable condition, we will process your refund as soon as possible and certainly, within 30 days of receipt of returned goods. In the case of an exchange, additional shipping cost may apply.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example feedbacks) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation 1) to maintain any comments in confidence; 2) to pay compensation for any comments; or 3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which applies to use of this site, and its terms are made a part of these Terms by this reference. Additionally, by using the site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: 1) for any unlawful purpose; 2) to solicit others to perform or participate in any unlawful acts; 3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 6) to submit false or misleading information; 7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 8) to collect or track the personal information of others; 9) to spam, phish, pharm, pretext, spider, crawl, or scrape; 10) for any obscene or immoral purpose; or 11) to interfere with or circumvent the security fe4atures of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, or that any defects will be corrected. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you; all information provided on the site is also subject to change without notice. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Nicola-Matteo Munari, or any of our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Nicola-Matteo Munari and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Changes to Terms
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy. Place of jurisdiction: Piacenza.
Contact
Questions about our Terms should be sent to us at info@nicolamatteomunari.com.