These terms are contain two sections: Limited edition prints that applies to all prints purchased via this website and Electronic delivery terms, that applies to Rights Managed licenses. Please read the terms carefully.
LIMITED EDITION PRINTS TERMS
A. Lifetime Quality
In the unlikely event that you will have to return a print due to early discoloration, here is what you need to do to take advantage of our Lifetime Quality policy:
1. Contact us first via email requesting a return; 2. Wait for a claim confirmation email from us; 3. Pack the artwork carefully; 4. Ship the artwork via registered, insured and trackable Air Mail back to us, informing us of the tracking number and tracking options; 5. Upon receiving and inspecting the artwork, we’ll determine if the above conditions have been complied with and if the conditions to apply our Lifetime Quality policy below have been met; 6. Once the process is completed, we’ll send you a confirmation email, and in 7 working days we will proceed to ship you a replacement completely free of charge, shipping included.
Please note that:
a. Unauthorized returns will not be accepted under any circumstances, and the package will be returned directly to sender; b. Our Lifetime Quality policy covers only photographic artwork, either mounted or framed; it does not cover any other product we offer now or will offer in the future unless explicitly stated; c. Our artwork is covered by our Lifetime Quality policy for Massimo Cristaldi Fine Art Photography’s business lifetime, with no limitations whatsoever in case of products going out of stock, out of print or being moved off catalogue; d. Artwork must have been exhibited (or stored) and returned to us in its original mat or frame; having third party framing, re-matting and/or re-framing our artworks voids our Lifetime Quality policy; e. Our Lifetime Quality policy covers only discoloration caused by normal use; discoloration and any other damage arising from the customer’s or third party’s action, improper use, contamination by chemicals, radioactivity and similar are not covered; f. All shipping and handling costs incurred by the customer to return an item, are in the customer’s sole responsibility.
B. Damage Replacement
In the unfortunate event that your artwork will be damaged on delivery, here is what you need to do to take advantage of our Damage Replacement policy:
To submit your claim via Air Mail:
1. Contact us first via email within two weeks of the delivery of your artwork letting us know clearly what happened and requesting a return; 2. Wait for a claim confirmation email from us; 3. Pack the artwork carefully; 4. Ship the artwork via registered, insured and trackable Air Mail back to us, informing us of the tracking number and tracking options; 5. Upon receiving and inspecting the artwork, we’ll determine if the above conditions have been complied with and if the conditions to apply our Damage Replacement policy below have been met; 6. Once the process is completed, we’ll send you a confirmation email, and in 7 working days we will proceed to ship you a replacement of your artwork completely free of charge, shipping included.
To submit your claim via email:
1. Contact us via email within two weeks of the delivery of your artwork letting us know clearly what happened and requesting email-based processing of your claim; 2. Include in your email photographic documentation of the damage, clearly showing the damaged areas; 3. Wait for a claim confirmation email from us; 4. Proceed to destroy the artwork by un-matting the photograph and ripping it in two, destroying the Certificate of Authenticity and the Hologram as well; 5. Send us photographic documentation via email clearly showing that the above has been destroyed (you don’t need to destroy mat and frame if they are still in usable conditions, and can keep them for future use if so you wish); 6. Upon receiving and inspecting the documentation, we’ll determine if the above conditions have been complied with and if the conditions to apply our Damage Replacement policy below have been met; 7. Once the process is completed, we’ll send you a confirmation email, and in 7 working days we will proceed to ship you a replacement of your artwork completely free of charge, shipping included.
Please note that:
a. Unauthorized returns will not be accepted under any circumstances, and the package will be returned directly to sender; b. In case of email-submitted claims, insufficient or unclear photographic damage documentation or documentation that is evidently false or that have been tampered with in any way will not be accepted as proof of claim; c. Our Damage Replacement policy covers only photographic artwork, either matted or framed; it does not cover any other product we offer now or will offer in the future unless explicitly stated; d. Our Damage Replacement policy can be applied for a maximum of three times per item purchased; e. First claims must be presented via email within two weeks of the confirmed delivery date as stated by the mailing service used; all first claims presented outside this time frame will be considered void; f. All shipping and handling costs incurred by the customer to return an item, are in the customer’s sole responsibility.
C. No-Question-Asked Return
In the event that you would like to return your artwork for exchange, credit or refund, here is what you need to do to take full advantage of our No-Question-Asked Return policy:
1. Make sure the artwork is in perfect conditions, that it hasn’t been damaged, scratched, cut, bent, broken, tampered with nor modified in any way: its conditions must be equal to Like New and the item must be ready to be restocked and resold; 2. Contact us first via email requesting a return, letting us know if you prefer exchange for a different photograph, store credit or refund; 3. Wait for a claim confirmation email from us; 4. Pack the artwork carefully (we strongly recommended to reuse the packaging we sent you the artwork in); 5. Ship the artwork via registered, insured and trackable Air Mail back to us, informing us of the tracking number and tracking options; 6. Upon receiving and inspecting the artwork, we’ll determine if the above conditions have been complied with and if the conditions to apply our No-Question-Asked Return policy below have been met. 7. Once the process is completed, we’ll send you a confirmation email, and in 7 working days we will proceed to exchange your artwork, send you your store credit coupon or credit you a refund, according to your preference.
Please note that:
a. Unauthorized returns will not be accepted under any circumstances, and the package will be returned directly to sender; b. Our No-Question-Asked Return policy is available only for photographic artwork, either matted or framed; return is not available for any other product we offer now or will offer in the future unless explicitly stated; c. Our No-Question-Asked Return policy does not cover artwork customized at customer’s request; Our No-Question-Asked Return policy does not cover artwork customized at customer’s request (by customized it is intended any of the following: custom-sized, non-matted, custom-matted, custom-framed artwork, or artwork for which custom autographing and any other custom personalized writings have been requested); d. When return is requested for items purchased under a promotional offer or through the use of a discount coupon, the creditable or refundable amount will be the amount actually paid by the customer at checkout and not the nominal cost of the artwork before discounts; e. Our unique No-Question-Asked Return policy can be applied only one time per item purchased; f. Shipping and handling costs aren’t covered by our No-Question-Asked Return policy, and they will not be refunded under any circumstances; g. All shipping and handling costs incurred by the customer to return an item, are in the customer’s sole responsibility.
D. Safe Shopping
Massimo Cristaldi guarantees that any data collected by us during the shopping process will not be disclosed, sold, loaned, shared with or showed in any way whatsoever by us to any third party, ever. Massimo Cristaldi relies on the services offered by PayPal as a Credit Card transaction provider. These services are offered as-is: Massimo Cristaldi is not responsible for any policy change whatsoever that PayPal shall implement anytime in the future, nor it is responsible for any controversy that may arise between PayPal and the customer.
Shipping rates are automatically added at checkout. EMS, registered mail and package tracking services as well as the shipping times indicated on this website are provided by the shipping carrier. These services are offered as-is: while we will provide the most updated information about these services available to us at any time, Massimo Cristaldi is not responsible for any policy change whatsoever the carrier might implement at any given time, for any delays or malfunctions in the services once the package has been delivered from us to the carrier other than what covered in our Damage Replacement clause, nor will make insurance or any other claims on behalf of the customer. Furthermore, Massimo Cristaldi it is not responsible for any controversy that may arise between the shipping carrier and the customer.
ELECTRONIC DELIVERY TERMS (EULA)
Massimo Cristaldi Rights Managed End User Licence Agreement (EULA)
This is a legal agreement between you or your company, firm or other organisation ("you") and Massimo Cristaldi ("Massimo Cristaldi").
Please read this agreement carefully in its entirety before you download or use any image. By confirming the purchase of the Image(s) or downloading the Image(s) you have selected from this website you agree to be bound by the terms of this EULA (the "Agreement") and the Image usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused Image(s) and notify Massimo Cristaldi by email to the following address: firstname.lastname@example.org within ten days from the invoice date for a full refund.
Means the terms and conditions set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.
Means Massimo Cristaldi.
Means the computer-generated or pre-printed invoice provided by Massimo Cristaldi that may include, without limitation, details of the Images selected, any limitations on the Licence in addition to those specified herein, the key terms of the Licence and the corresponding price for the Licence. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.
Means the Image(s) you have selected which are identified on the Invoice.
Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right Massimo Cristaldi grants to you to use the Image(s).
Includes any form of copying or publication of the whole or part of any Image whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image may not appear to a reasonable person to be derived from the original Image.
Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Image.
Means any sum or sums payable to Massimo Cristaldi by you in respect of the Licence.
2. Contracting parties
The parties to this contract are Massimo Cristaldi and you.
3. Grant of rights and restrictions
Massimo Cristaldi grants to you a non-exclusive (unless otherwise stated on invoice), non-sublicensable and non-assignable right to Reproduce the Image(s) solely in the manner and for the purposes set out in the Invoice. This right may be exercised by your clients, provided that such clients agree to comply with all the Terms. When exercising this right you must ensure any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Image.
You may alter, crop, manipulate and create derivative works from the Image(s), so long as you ensure any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Image.
Use of the Image(s) is strictly limited to the use, medium, period of time, print run, placement, size of licensed material, territory and any other restrictions specified in the Invoice. Unless otherwise stipulated in the Invoice, you may only use the Image within a single design or placement. You may utilize the Image in any production process that may be necessary for the intended use specified in the Invoice so long as any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Image.
You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.
Image(s) must not be used as references for creating drawings or other visual works unless specifically authorised in the Invoice.
Unless otherwise specified in the Invoice Image(s) may not be reproduced more than once within any design, editorial piece, advertisement or other work product.
A Licence to use an Image on or in a product does not imply any right on your part to use the Image in any manner in the advertising or promotion of such product, which right must be separately negotiated.
Massimo Cristaldi does not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s).
You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.
You must abide by any restriction on use notified to you by Massimo Cristaldi before, after or at the time of delivery of the Image(s), either in the information accompanying the Image(s), the Invoice or otherwise.
Massimo Cristaldi, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Image(s) to ensure that the Image(s) are being used in accordance with this Agreement.
You may store the Image(s) in a digital library, network configuration or similar arrangement to allow them to be viewed within your organisation and by your clients but you must retain the copyright symbol, the name of Massimo Cristaldi, the Image(s)’ identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Image(s). When your licence period as set out in the Invoice ends, you must promptly delete the Image(s) from your computer or other electronic storage system. Any subsequent re-uses of the Image must be agreed with Massimo Cristaldi in advance of licensing to ensure the Image is available under the rights you require.
Massimo Cristaldi may from time to time send you notification that an Image is no longer available for licensing in new products or designs. At this point you must promptly delete the Image from your database and no longer make it available for selection for new work.
The Image(s) may not be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, your customers may be provided with copies of the Image(s) as an integral part of work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately.
4. Copyright issues
No ownership or copyright in any Image shall pass to you by the issue of the Licence. Unless otherwise agreed in writing, if any Image is reproduced by you for editorial purposes (i.e. for any non-promotional purpose), according to article 20 and subsequent of Italian law 633/41, you must include the credit line "Massimo Cristaldi", or any other credit line specified by Massimo Cristaldi. If a credit line is omitted then an additional fee equal to thirty percent (30%) of the original amount invoiced attributable to the Image in question shall be payable by you.
Massimo Cristaldi’s copyright notice and image identification reference which appear in the Image file must remain with your digital copy of the Image at all times. You will retain the copyright notice, the name of Massimo Cristaldi, the respective RM Image reference and any other information or metadata that is embedded in the electronic file that comprises any Image which you have downloaded from the Website or otherwise received from Massimo Cristaldi. Failure to maintain the integrity of the copyright information will constitute a breach of this Agreement.
5. Warranty and limitation of liability
Massimo Cristaldi guarantees that should any Image have defects in material or workmanship and these are notified in writing to Massimo Cristaldi within thirty (30) days from the date of delivery of the Image then Massimo Cristaldi will either replace the Image with another digital copy of the Image free from defect or refund the Licence Fee paid by you to the extent attributable to the defective Image, at Massimo Cristaldi’s option.
Massimo Cristaldi makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Massimo Cristaldi shall not be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Massimo Cristaldi, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Massimo Cristaldi has been advised of the possibility of such damages, costs or losses. Massimo Cristaldi’s maximum liability arising out of or in connection with your use of or inability to use the Image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to five (5) times the value paid by you for the relevant Image.
No Reproduction of any Image is authorised until payment in full has been received by Massimo Cristaldi. Any Reproduction by you or on your behalf prior to payment being received by Massimo Cristaldi constitutes a breach of this Agreement which entitles Massimo Cristaldi immediately to terminate this Agreement and further constitutes an infringement of copyright.
You agree to indemnify and hold Massimo Cristaldi harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any Image supplied to you by Massimo Cristaldi or any other breach by you of any of your obligations under this Agreement.
8. Release information
Massimo Cristaldi gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).
Massimo Cristaldi gives no representations or warranties whatsoever with respect to the use of names, trade marks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Image.
You must satisfy yourself that all Releases as may be required for Reproduction of the Image(s) have been secured. You are solely responsible for obtaining all such Releases and the Licence is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Image usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by Massimo Cristaldi employees or representatives save as set out in this Agreement.
9. Licence fee
The Licence Fee depends on the nature of the rights granted. You agree to notify Massimo Cristaldi in the event that you desire to expand the usage for the Image and pay any additional Licence Fee. Use of an Image in a manner not specifically authorised under the terms set out in the Invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright.
10. Condition of images
You should make sure that you examine the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Massimo Cristaldi shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or its caption or in any way from its Reproduction.
Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Image(s) purchased.
12. Miscellaneous terms
The Licence will terminate immediately if you (a) enter into voluntary or compulsory liquidation, (b) have a receiver appointed or (c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
No variation of any of these Terms shall be effective unless in writing and signed by Massimo Cristaldi and you. No action of Massimo Cristaldi, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Massimo Cristaldi waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.
Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
This agreement, its validity and effect, shall be interpreted under and governed by the laws of Italy and be subject to the exclusive jurisdiction of Italian courts. If Massimo Cristaldi is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify Massimo Cristaldi in respect of all reasonable legal fees and costs incurred by Massimo Cristaldi in relation thereto.