Terms of service

OVERVIEW
This website is operated by EleonorArts. The terms “we” and “our” throughout the site refer to EleonorArts. EleonorArts offers you this website with all the information, tools and services available on it provided that you, as a user, accept all the terms, conditions, information and warnings contained herein.

To make a purchase it is not necessary to register, however it is possible to create an account for free on the "My Account" page. To register and create your personal account, simply access the "My Account" page, enter your username, an email address and a password in the "Registration" section. By clicking on “Registration” the user will have completed the registration of their account. Subsequently, a confirmation email will be sent to you with the link to the page of your newly created account. Through this personal account you will be able to: view your recent orders, manage your shipping and billing addresses, change your password and account details. 

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 and Conditions of Service”, “Terms”), which include the terms, conditions and the additional information cited in this document and/or available via hyperlink. These Terms and Conditions of Service apply to all users of the site, including without limitation visitors, vendors, customers, merchants and/or posters of comments and other content.
Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any portion of the site, you agree to be bound by these Terms and Conditions of Service. If you do not accept the terms and conditions of this agreement in full, you may not access the website or use its services. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to the Terms themselves.

Any new features and tools which are added to the current store shall also be subject to the Terms and Conditions of Service. You can review the most current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms and Conditions of Service 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 the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online ecommerce platform to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms and Conditions of Service, 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 have authorized us to allow any minor under your responsibility to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not spread any worms, viruses or other types of harmful code.
A violation of any provision of the Terms will result in an immediate termination of your right to use the Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny 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 (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card data is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or 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 our.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - PRE-CONTRACTUAL INFORMATION
Before concluding the purchase contract, the Buyer is required to examine the characteristics of the goods which are illustrated in each individual product listing at the time of choice. Before validating the order with "payment obligation", the Buyer is informed regarding:

  • total price of the goods including taxes, with details of shipping costs and any other costs;
  • terms of payment;
  • the deadline within which the Seller undertakes to deliver the goods;
  • the conditions, terms and procedures for exercising the right of withdrawal;
  • Information that the Buyer will have to bear the cost of returning the goods in the event of withdrawal;
  • existence of the legal guarantee of conformity for the purchased goods;

The sales contract is considered concluded with the sending by the Seller to the Buyer of an order confirmation email. The e-mail contains the link to check the status of the order and the link to contact the Seller in case of request for support or information.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We will not be responsible if information made available on this site is not accurate, complete or up-to-date. The materials on this site are intended to be purely indicative and should not be relied upon or used as the sole basis for making decisions without consulting more authoritative, accurate, complete or up-to-date sources of information. By relying on information on this site you assume the risk.
This site may contain some historical information. Historical information, necessarily, is not current and is provided for 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.

SECTION 5 - CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES
All the products on eleonorarts.it are made by hand using artisanal methods, not in series but only in limited runs at a time. As a result they may present small production imperfections. These small imperfections and discrepancies must be considered a guarantee of the craftsmanship of the product and do not constitute any right to reimbursement/compensation/replacement unless they are such as to compromise the appearance and/or functionality of the object.
Some products or services may be available exclusively online through the Website. These products or services may have limited quantities, and are subject to return or exchange only according to our Refund and Return Policy.
We have made every effort to display accurate colors and images of the products in the store. However, we cannot guarantee that the colors you see on your computer screen will be accurate.
We reserve the right (although we are not obligated to do so) to limit the sale of our products or Services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or services we offer. Product descriptions and prices may change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. The sale of any product or service through 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.

SECTION 7 - CUSTOMIZATIONS
The Seller also carries out commissioned work, with extensive customisation. The personalized goods will be created on the basis of the information and indications given by the purchasing Buyer via e-mail sent to the address: shop@eleonorarts.it or directly on the site during the order phase.
The Seller sends the drafts relating to the goods to be customized via e-mail in full compliance with the instructions provided by the purchasing Buyer. Under no circumstances is the Seller responsible for any errors in copying, transcription or reconstruction of logos or designs, as the Buyer by accepting the drafts received and giving confirmation to approve production, releases the Seller from any dispute.
The right of withdrawal is not applicable on personalized goods (art.59 letter c of the legislative decree 06/09/2005 n. 206, Consumer Code).
With regard to customization, the Seller is not required to return or deliver the material, images used to create the final product and any systems specifically produced for the purchasing Buyer.
The Seller is not responsible for the legitimacy of the images and contents of the material provided by the purchasing Buyer. The Buyer must guarantee the Seller that the designs transmitted by him or that any changes made to the product (personalized texts, images) do not violate the rights of third parties. All violations of copyright, personality or name rights fall under the full responsibility of the Buyer. Furthermore, the Buyer ensures that, by customizing the product, he will not violate any further rights of third parties. If the Buyer is responsible for the violation of third party rights, he must release the Seller from all claims and claims arising therefrom. The Buyer must compensate the Seller for all defense costs and any other resulting damages.

SECTION 8 - PRICES
All product sales prices are expressed in Euros and include VAT.
Shipping costs are not included in the purchase price, but are indicated separately and visible on the cart page.
The Seller reserves the right to change the prices of the products at any time, however it undertakes to apply to the Buyer the price indicated on the site at the time the order is created.

SECTION 9 - PAYMENT METHODS
To pay the price of the products and the related shipping costs you can follow one of the methods indicated in the order form.

1) Through the ShopPay app which accepts all types of credit cards and the Apple Pay and Google Pay payment gateways.

2) PayPal / Credit Card – Through the PayPal circuit it is possible to make payments with Visa, Visa Electron, MasterCard, Discover, American Express, Carta Aura, Postepay, PayPal prepaid card and Google Pay credit cards. After confirming the order data, the Buyer is directed to the PayPal login page. The transaction can be completed by the Buyer by debiting their PayPal account or by credit card transaction by filling in the appropriate form provided on the payment screen. For each transaction carried out using this method, a confirmation email will be sent by PayPal.
The data entered on the PayPal website (as well as the payment instrument data linked to your PayPal account) will be processed solely by PayPal, under its exclusive responsibility and on the basis of its privacy policy and will not be known or stored by the Seller. PayPal will only send the Seller the confirmation or refusal of the payment. In the event that a refund is necessary under these General Conditions, the Seller will place a credit order on the Buyer's PayPal account. Once this order has been placed, the Seller cannot be held responsible for delays or omissions in crediting the amount back to the Buyer's account or to the payment instrument linked to the Buyer's account, who must contact PayPal exclusively for any complaints.

3) Bank transfer – The payment method by bank transfer requires that the order is processed only after payment has been made by the Buyer. The Seller will not proceed with processing the order until payment has been received, verified and collected through the banking system. It is recommended to indicate in the reason for the bank transfer: the assigned order number, the date of the order and the name and surname of the Buyer, so that the Seller can check the amounts. The data to make the transfer will be communicated during the order confirmation phase. Payment must be made no later than 3 days from the purchase date under penalty of cancellation of the order.

SECTION 10 - SHIPPING
The Seller will only accept orders to be delivered to the following countries: Italy, the European Union, Canada, Mexico and the United States.
Delivery by the courier takes place approximately in 4/6 working days starting from the working day following the day of shipment (Saturdays and holidays excluded), in Italy, in approximately 6/10 days for shipments to the European Union and in 10 / approximately 20 days for international shipments. As soon as the goods have been sent, the buyer will receive a confirmation email. Shipments are not made on weekends and holidays.
The purchased products will be delivered via a courier of EleonorArts' choice to the address indicated by the customer at the time of the order. The times needed to prepare the package must be added to the courier's shipping times. This period can be just one day for products immediately available and without customization to one or more weeks in the case of products to be created and if customization is also foreseen, in any case no later than 30 days at the latest. from the order date you will receive your purchase.

Each shipment is associated with a tracking number through which it is possible to check the transit status of the shipment. Delivery will take place exclusively to the destination address indicated by the Customer at the time of the order.

EleonorArts will not be responsible for failure or late delivery in the event of unavailability of an item. EleonorArts will, in the absence of replacement with other items, refund any advance payments of the price within fourteen (14) days of receipt of payment. EleonorArts will not be responsible for failure or late delivery due to causes of force majeure, strikes, measures by public authorities, rationing or shortages of energy or raw materials, transport difficulties, floods, fires, flooding, damage to industrial materials not dependent on us guilt. EleonorArts will promptly notify the customer of the occurrence of a cause of force majeure. If the cause of force majeure persists for a period exceeding four (4) weeks, either party will have the right to withdraw from the contract. In the event of withdrawal, the customer will not be entitled to any compensation or compensation of any kind, except for the right to a refund of any amount already paid as a price.

Shipping costs are the responsibility of the Buyer (excluding any promotions). Shipping costs depend on the weight and size of the products. Before confirming the order, the Buyer will be able to view the shipping rate based on the items in the cart.

Shipping costs vary depending on the destination. In Italy the shipping cost is €9.90 while it is free for orders over €49. For shipments to the European Union the cost is €29 while in international countries it is €39. These prices may be subject to change.
To get an estimate of the value of the costs, all you have to do is add the products you want to the cart, add the shipping address and the site will automatically calculate the exact shipping costs.
Furthermore, for all shipments outside the EU these costs (customs tariffs, exemptions and duties) are due and their definition follows very variable criteria. Each nation has its own legislation and rules on the matter. Each individual state usually makes precise information available online regarding tax rules. For information relating to the amount of duties and any taxes, and the methods of customs clearance of the goods, it is advisable to contact the competent Customs Offices of the country of destination.

The Seller is not responsible for any damage, delay, loss or theft of packages following shipment and/or suffered during transport. At the time of delivery, to avoid unpleasant surprises, it is advisable to check the appearance and condition of the packaging, making sure that they are intact and have no obvious traces of tampering. Only after this verification will he have to accept the delivery, otherwise he will be required to reject the package. In the event that the package is intact but the goods inside are damaged, the Buyer is required to send an email to shop@eleonorarts.it and attach photos certifying the damage to the goods and the exterior of the package. , no later than 7 days from receipt of the goods.


If the recipient is absent at the time of delivery, the person in charge will leave a message/notice to agree with the recipient on another delivery time or allow the package to be collected from the nearest courier office.
The recipient is required to contact the carrier to reschedule the delivery for a day in which he is available or organize the collection of the shipment at the nearest courier office. To guarantee delivery, the Customer is welcome to provide a telephone number which will be used with extreme correctness.

SECTION 11 - LEGAL GUARANTEE OF CONFORMITY
In case of receipt of products that do not conform to the orders or are defective, the Buyer (meaning by this definition the consumer, therefore any natural person acting on the eleonorarts.it site for purposes unrelated to the entrepreneurial activity or professional work carried out) must communicate this by email to shop@eleonorarts.it, within 2 months starting from the date on which he discovered the defect (the tax receipt will be proof), specifying whether he wishes the replacement or repair of the item or if you wish to have a refund.
The Seller will reimburse the Buyer for the costs incurred for the return of the defective or non-compliant goods, reserving the right to verify the disputed non-conformity and, in case of confirmation, will arrange for the shipment of the replacement goods or the refund.
The legal guarantee is not valid if the Buyer caused the damage, if the failure does not depend on a lack of conformity existing at the time of delivery of the goods, such as, for example: wear and tear (taking into account the average life of the product); or if the Buyer knew or could have known of the defect at the time of purchase; or even if the lack of conformity derives from instructions or materials provided by the Buyer.
The legal guarantee does not cover defects existing at the time of delivery and/or suffered during transport.

SECTION 12 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order received. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by the same customer account, with 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 via the email address, billing address, or telephone number provided at the time the order was made. We reserve the right to limit or prohibit orders which in our sole discretion appear to be placed by wholesalers, retailers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other details, such as your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our Refunds and Returns Policy.

SECTION 13 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor and have no control or management.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, conditions or endorsements of any kind. 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. It is up to you to ensure that you are familiar with and agree to the terms and conditions to which any third-party tools are subject.
We may also offer new services and/or features through the Website in the future (for example, by introducing new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Service.

SECTION 14 - THIRD PARTY LINKS
Some content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the contents or accuracy of such websites. And we make no warranty and have no liability for any third-party materials or websites or for any other materials, products, or services of third-parties.
We will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made through any third-party websites. Please review the third party's policies and procedures carefully and make sure you understand them before engaging in any transaction. Complaints, requests, concerns and questions about third-party products should be directed to the applicable third-party.

SECTION 15 - COMMENTS, FEEDBACK AND OTHER SUBMITTED MATERIALS
If you send us certain materials online, by email, by postal mail or otherwise (collectively, “comments”) — for example, at our request, contest entries, or without a request from us, creative ideas, suggestions, proposals, plans or other materials — you agree that we may at any time and without restriction modify, copy, publish, distribute, translate or otherwise use in any manner any comments that you transmit to us . We are and will be under no obligation (1) to maintain any comments in confidence; (2) pay compensation for comments; or (3) respond to comments.
We may (but have no obligation to do so) monitor, edit and remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or content that violates any party's intellectual property or these Terms and Conditions of Service.
You agree to avoid comments that violate the rights of third parties, including copyright, trademark, right of privacy, rights of personality and other real or personal rights. You further agree not to post Comments that contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could 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 the comments you submit and their accuracy. We take no responsibility and will not have any liability for any comments posted by you or any third-party.

SECTION 16 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies and omissions that may concern product descriptions, pricing, promotions, offers, shipping charges, delivery times or product availability. We reserve the right to correct any errors, inaccuracies and omissions by changing and updating information or canceling orders, if any information in the Service or on any related website is inaccurate at any time (including after you have submitted your order). and without any warning.
We undertake no obligation to update, correct or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update date in the Service or on any related website, should be construed as ensuring that all information in the Service or on any related website has been correct and up-to-date.

SECTION 18 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to induce others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state laws, regulations, or local ordinances; (d) to infringe or violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, age, country of origin, or disability; (f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) to collect or track the personal information of other users; (i) for spam, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features 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 if you violate any of the prohibited use provisions.

SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or represent that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be achieved from the use of the service will be accurate or reliable.
You acknowledge that we may from time to time suspend the service for indefinite periods of time, or cancel the service at any time without providing you with notice.
You expressly agree that your use of, and inability to use, the Service is at your sole risk. The service and all products and services delivered through the service are (except as expressly stated by us) offered "as is" and "as available" for your use, without representations, warranties or conditions of any kind. type, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and freedom from infringement.
In no event will EleonorArts and its 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 of any kind — including without limitation lost profits, lost profits, lost savings, lost data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise — arising out of the use of any of the services or products obtained using the service, nor for any other claim relating in any way to the use of the service or product, including, but not limited to, any errors or omissions in content, losses and damages of any kind related to the use of the service or any content (or product) published, transmitted or otherwise made available through the service, even if informed of such eventuality.
Because some states or jurisdictions do not allow the exclusion or 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.

SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless EleonorArts and its parent, subsidiary, and affiliated companies, and its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any and all claims or claim, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party set off.

SECTION 21 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Service 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 and Conditions of the service, without prejudice to the validity and applicability of the remaining provisions.

SECTION 22 - TERMINATION
The obligations and liabilities assumed by the parties prior to the termination date shall survive the termination of this agreement in all respects.
These Terms and Conditions of Service are effective until terminated by either you or us. You may terminate these Terms and Conditions of Service at any time by notifying us that you no longer wish to use our Services, or by discontinuing use of our site.
Furthermore, if in our sole judgment you violate, or we suspect that you have violated, any provision of these Terms and Conditions of Service, we 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. ; accordingly we may deny you access to the Services (or any part thereof).

SECTION 23 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any agreements , prior or contemporaneous communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the writing party.

SECTION 24 - APPLICABLE LAW
These Terms and Conditions of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with applicable Italian law.

SECTION 25 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can review the most current version of the Terms and Conditions of Service at any time on this page.
We reserve the right at our sole discretion to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website or the Service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 26 - CONTACTS
Any questions relating to the Terms and Conditions of the service must be sent to us at shop@eleonorarts.it.