Terms of Service

Terms and Conditions

This document sets out the general terms and conditions for the use of the website gallerista.ai, which offers made-to-order art prints delivered directly to the address provided by the Buyer.

1. Definitions

• Owner: Gallerista SRL, with its registered office at Via Ariosto 28, 20145 Milan, VAT number 13978610965, fully paid-up share capital of €5,000.00, PEC address: gallerista@pec.it
• Platform: the website gallerista.ai
• Products: the physical products sold by the Owner
• User: any person who accesses and uses the Platform (including Artist, Consumer and Professional users)
• Artist User: an adult individual who enters into a contract with the Owner to produce and distribute physical copies of their artwork - Additional terms apply to Artist Users, as specified in their contract with the Owner
• Consumer User: an adult individual who enters into a contract for purposes unrelated to any business, commercial, artisanal, or professional activity
• Professional User: an adult individual or legal entity who enters into a contract for the conduct or needs of their business, commercial, artisanal, or professional activity
• Content: any textual or multimedia element available on the Platform, such as announcements, listings, reviews, images, etc.
• Conditions: this contract that governs the relationship between the Owner and the Users and the sale of the Products offered through the Platform

2. Detailed Information on the Platform’s Offering

The Platform offers Artist Users the opportunity to monetize their talent and intellectual property, while enabling Buyers to purchase and take delivery of high-quality printed products.

3. Scope of Application of the Conditions

Using the Platform implies acceptance of these Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, or information published or referred to therein, they may not use the Platform or the related services. In particular, the User is required to explicitly accept these Terms & Conditions in order to be able to submit an order. As a consequence, such Terms & Conditions are considered to be accepted once a payment is submitted.

The Conditions may be modified at any time. The applicable Conditions are those in force at the date the purchase order is transmitted or the request for supply of a Product is made.

Before using the Platform, the User must carefully read the Conditions and save or print them for future reference. The Owner reserves the right to change, at its discretion and at any time, the graphical interface of the Platform, the Content and its organization, as well as any other aspect characterizing the functionality and management of the Platform, providing the User, where necessary, with the relevant instructions.

4. Purchase through the Platform

All Products offered through the Platform are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies, or minor differences may occur between what is published on the Platform and the actual Product. Moreover, any images of the Products are for illustrative purposes only and do not constitute a contractual element.

Purchases of one or more Products through the Platform are allowed for both Consumer Users and Professional Users. Purchases by individuals are allowed only provided they are of legal age. For minors, any purchase and/or request for supply of Products through the Platform must be reviewed and authorized by their parents or legal guardians.

The offering of Products through the Platform constitutes an invitation to make an offer, and the order sent by the User will be deemed a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have, at its sole discretion, the right to accept or reject the User’s order without the User being entitled to any claim or complaint for any reason whatsoever. Common reasons for rejecting an order include – but are not limited to – prohibitive shipping costs for a given delivery address, product availability and suspected fraud. In the event that an order is rejected, any corresponding payment made by the User will be promptly reimbursed by the Platform Owner.

The sale contract for the Products is considered concluded upon the Owner’s acceptance of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending an order confirmation to the email address provided by the User, which will include the order date, the User’s details, the Product’s characteristics and availability, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery times and any associated costs, the exclusion of the right of withdrawal (if applicable), and the warranty (if applicable).

The sale contract for the Products shall not be deemed effective between the parties if the conditions indicated in the previous paragraph are not met. In the event that the Product is unavailable, the Owner will promptly notify the User of the best alternative and updated terms, and ask whether they wish to confirm the order. It is understood that the contract will be perfected with respect to the Products accepted by the Owner.

The User agrees to verify the correctness of the details provided in the order confirmation and to immediately communicate any errors to the Owner, and shall keep a copy of their order, the related confirmation, and the Conditions.

5. Prices and Payments

For each Product, the final price indicated on the Platform includes VAT (or the equivalent local sales tax) - if applicable. VAT is first estimated based on the User’s browsing location, and later confirmed once the User indicates where the order shall be delivered. In cases where the nature of the Product makes it impossible to calculate the price in advance, the method of calculating the price will be indicated.

Furthermore, all applicable taxes, additional fees, and delivery charges that may vary in relation to the destination, chosen delivery method, and/or selected payment method will be specified. In cases where these cost items cannot reasonably be calculated in advance, there will be an indication of which charges will be applied to the User.

The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will not affect contracts already concluded prior to the change.

The User agrees to pay the price of the Product within the times and in the manner indicated on the Platform and to provide all necessary details if requested.

The Platform only accepts digital payment methods (e.g., credit and debit cards, account-to-account bank transfers, etc). The specific options available may depend on the User’s location and can be explored at checkout.

The Platform uses third-party tools for processing payments and does not come into contact with the payment details provided (credit card numbers, cardholder name, passwords, etc.). Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.

Users may purchase Gift Cards on the Platform:

• Gift Cards expire 12 months from the date of purchase.
• Gift Cards can only be redeemed exclusively for products available on the Platform and cannot be used elsewhere.
• Gift Cards are non-refundable, non-exchangeable, and cannot be redeemed for cash, except where required by law.
• Each Gift Card code is unique and is only provided to the purchaser and, if requested, to the recipient designated by the purchaser. It is the purchaser’s and/or recipient’s responsibility to safeguard the code. Gallerista is not responsible for lost, stolen, or misused Gift Cards. Once redeemed, codes cannot be reclaimed.
• Gift Cards may not be used to purchase additional Gift Cards.
• Use of a Gift Card constitutes acceptance of these terms and conditions, which are governed by the laws of Italy.

6. Invoicing

Users who wish to receive an invoice will be required to provide invoicing details. Professional Users must tick the relevant box in the checkout window to input their invoicing details. Consumer Users can request an invoice and communicate their invoicing details via email. For the issuance of the invoice, the information provided by the User shall be considered accurate and true, and the User releases the Owner from any and all liability in this regard.

7. Delivery of Physical Products

Physical Products (including any tangible goods with digital elements) will be delivered to the address provided by the User, using the methods and within the timeframes chosen or indicated on the Platform and stated in the order confirmation. Unless otherwise specified, the delivery times stated in the order confirmation indicate the usual period necessary to deliver the Product once the courier has taken charge.

In the event that the requested Products cannot be provided, prompt notice will be given to the User by email, indicating when delivery or supply is expected or the reasons making it impossible.

If the User does not wish to accept the new delivery terms or if delivery becomes impossible, they may request a refund of the amount paid, which will be credited promptly using the same payment method used by the User for the purchase, at most within 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its compliance with the order and the integrity of the packaging. In the event that there is obvious damage to the packaging and/or the Product, the User may refuse the delivery and return the Product at no cost. Once the delivery document has been signed, the User cannot dispute any external characteristics of the delivered Products.

8. Exclusion of the Right of Withdrawal

The right of withdrawal/cancellation is expressly excluded for the Artwork offered through the Platform, as these are made-to-measure, personalized Products for which we do not hold inventory.

In the limited circumstances where local regulations impose a minimum cancellation period, such period shall be of 14 days from the moment the User takes delivery of the Products.

Nevertheless, the Owner reserves the right to evaluate any defect noted by the Buyer and to replace any damaged or non-compliant Products as described in the following section. For further clarification, please contact the Owner at concierge@gallerista.ai.

9a. Warranty for Physical Products for Professional Users

Professional Users shall be granted the warranties for defects in the item sold, the warranty for essential and promised quality defects, and the other warranties provided by the Italian Civil Code, with the relevant time limits, expirations, and limitations (Articles 1490 et seq. of the Civil Code).

9b. Warranty of Conformity for Physical Products for Consumer Users

Consumer Users are granted the warranty of conformity, as provided by Articles 129 et seq. of the Consumer Code, for all physical Products sold through the Platform, except in cases excluded by Article 128 of the Consumer Code.

The Owner is responsible towards the Consumer User for any lack of conformity that manifests within two years from delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery as it is presumed to have already been present, unless such presumption is incompatible with the nature of the Physical Product or the nature of the lack of conformity.

Should the Consumer User wish to take advantage of the remedies provided by the warranty of conformity, they must send a written communication to concierge@gallerista.ai.

The Owner will respond promptly and provide the Consumer User with the procedure to follow. For matters not provided for in this clause, the provisions of Articles 128 to 135-septies of the Consumer Code and the relevant articles of the Civil Code on the formation, validity, and effectiveness of contracts (including the consequences of contract termination and the right to damages) shall apply.

10. User-Submitted Content

A User may create a “Buyer” profile at any time without restrictions. Anyone can request an “Artist” profile; however, the Owner reserves the right to approve or reject the request at its discretion, without any obligation to provide justification.

An Artist User may upload Content to the Platform, as per the Artist Guidelines made available when the contract between the Artist User and the Owner is signed. Even before such contract is signed, it is understood that any content voluntarily uploaded by the Artist User to the Platform may be stored on the Platform (e.g., to preview the Artist User’s Gallery before it is published).

It is forbidden to use an email address that does not belong to the User, to use another User’s personal data and credentials in order to impersonate them, or to otherwise misrepresent the origin of the Content.

The Owner cannot guarantee timely control over the received Content and reserves the right to delete, move, or modify any Content that, at its sole discretion, appears illegal, abusive, defamatory, obscene, or infringes copyright and trademarks, or is otherwise unacceptable.

Unless explicitly authorized by the Owner, the following are expressly forbidden: i) the use of automated systems for uploading announcements, except those expressly authorized, ii) the serial publication and/or management of announcements on behalf of third parties by any means or method, iii) reselling the Owner’s services to third parties.

11. Intellectual and Industrial Property Rights

All content on the Platform, including texts, documents, trademarks, logos, images, graphics, their layout, and adaptations are protected by copyright laws and trademark protection laws. The Platform may also contain images, documents, logos, and trademarks from third parties that have expressly authorized the Owner for publication on the Platform.

Except for strictly personal use, it is not permitted to copy, alter, distribute, publish, or use the Content without the Owner’s specific authorization.

12. Disclaimer of Warranty

The Platform is provided “as is” and “as available,” and the Owner makes no express or implied warranty regarding the Platform, nor does it warrant that the Platform will meet the Users’ needs or that it will be uninterrupted, error-free, or free from viruses or bugs.

The Owner will make every effort to ensure that the Platform is available 24 hours a day, but cannot be held responsible if, for any reason, the Platform is inaccessible or not operational at any time or for any period. Access to the Platform may be temporarily suspended without notice in case of system failure, maintenance, repairs, reasons beyond the Owner’s control, or force majeure events.

13. Limitation of Liability

The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for any service interruptions or malfunctions related to the use of the internet network beyond its or its providers’ control.

The Owner shall also not be liable for damages, losses, or costs incurred by the User as a result of non-performance of the contract due to reasons not attributable to the Owner, with the User only entitled to a full refund of the price paid and any additional charges incurred.

The Owner assumes no responsibility for any fraudulent or illegal use by third parties of credit cards or other payment methods, as it does not come into contact with the payment data used (credit card numbers, cardholder name, passwords, etc.).

The Owner will not be liable for:

• Any loss of business opportunity or any other loss, even indirect, suffered by the User that is not a direct consequence of the Owner’s breach of contract
• Incorrect or inappropriate use of the Platform by Users or third parties
• The issuance of incorrect fiscal documents or data due to errors in the information provided by the User, who is solely responsible for the correct entry of such data

In no event shall the Owner’s liability exceed twice the amount paid by the User.

14. Force Majeure

The Owner shall not be considered liable for any failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control caused by force majeure events or any unforeseen and unpredictable events, regardless of its will. In particular, the Owner shall not be responsible to any party or third party for damages, losses, or costs incurred as a result of non-performance of the delivery contract due to force majeure.

The Owner’s obligations shall be considered suspended for the duration of the force majeure events.

The Owner will take all actions within its power to find solutions that allow it to properly fulfill its obligations despite the persistence of force majeure events.

15. Links to Third-Party Sites

The Platform may contain links to websites or applications of third parties. The Owner does not exercise any control over these and is therefore not responsible for their content.

Some of these links may lead to third-party websites or applications that provide services through the Platform In such cases, the individual services will be subject to the general conditions for the use of the respective website/application and for the enjoyment of the service, as provided by the third parties, for which the Owner assumes no responsibility.

16. Privacy

The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be consulted on the Privacy Policy page .

17. Applicable Law and Jurisdiction

These Conditions are governed by Italian law.

For Professional Users, any dispute regarding the Platform, its execution, or the interpretation of these Conditions shall be subject to the jurisdiction of the court where the Owner’s registered office is located.

For Consumer Users, any dispute regarding the Platform, its execution, or the interpretation of these Conditions shall be submitted to the court of the place where the Consumer User resides or has chosen domicile, if located within the Italian territory, without prejudice to the Consumer User’s right to bring a case before a judge different from the “consumer court” pursuant to Article 66-bis of the Consumer Code, which has territorial jurisdiction according to one of the criteria set forth in Articles 18, 19, and 20 of the Code of Civil Procedure.

Notwithstanding the foregoing, the provisions more favorable and mandatory under the law of the country where Consumer Users habitually reside shall apply, particularly regarding the time limit for exercising the right of withdrawal, the period for returning the Products (in case such right is exercised), the methods and formalities for communicating the same, and the statutory warranty of conformity.

18. Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool may be used by the Consumer User to resolve any dispute arising from or related to online contracts for the sale of goods and the provision of services without going to court. Consequently, the Consumer User may use this platform to resolve any dispute arising from the online contract.

The platform is available at: ec.europa.eu/consumers/odr/

Last update: 27/04/2025