Terms of service
OVERVIEW
Welcome to Torciano Atelier. In these Terms and Conditions, the terms "we", "us", "our" and "Torciano Atelier" refer to Torciano Atelier. Torciano Atelier operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the Customer, with a curated shopping experience (the "Services"). Torciano Atelier is powered by Shopify, which enables us to provide the Services to you.
These Terms and Conditions, together with any policies referenced herein, describe your rights and responsibilities when you use the Services. The technical information on this website is subject to change and adjustment without notice.
Please read these Terms and Conditions carefully, as they include important information about your legal rights and cover areas such as final-sale orders, payment, shipping, customs charges, warranty disclaimers and limitations of liability.
IMPORTANT – FINAL SALE POLICY: Except only where a mandatory and non-waivable right applies under the applicable law, every order is a FINAL SALE. Once payment has been authorised and processed, the order is immediately placed into processing and may not be cancelled, withdrawn, modified, postponed, returned, exchanged or refunded. Refusing delivery, failing to collect the package or failing to cooperate with customs clearance does not cancel the order and does not create any right to a refund.
HANDMADE PRODUCT NOTICE: Each Cherubina is made entirely by hand by Italian artisans. For this reason, every piece is slightly different from the next: small variations in the leather, stitching or finishes are the natural result of artisanal craftsmanship and a sign of authenticity. These details are precisely what make every Cherubina a unique and unrepeatable piece.
By visiting, interacting with or using our Services, and by submitting an order, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or to the Privacy Policy, you should not use or access our Services or submit an order.
For wine purchases and any order containing alcoholic beverages, please also refer to the Terms and Conditions of Tenuta Torciano Winery at: https://www.torciano.com/en/terms-and-conditions/
1 - ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are at least 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 the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.
2 - OUR PRODUCTS: HANDMADE AND UNIQUE CHARACTERISTICS
Each Cherubina is made entirely by hand by Italian artisans. For this reason, every piece is slightly different from the next: small variations in the leather, stitching or finishes are the natural result of artisanal craftsmanship and a sign of authenticity. These details are precisely what make every Cherubina a unique and unrepeatable piece.
Natural variations may include differences in leather grain, texture, tone, colour distribution, markings, softness, shape, dimensions, stitching, edges and finishing. These variations are inherent characteristics of the materials and of the handmade production process.
Product photographs, samples, prototypes and display pieces are illustrative only. The delivered Cherubina may therefore differ slightly from website images, samples or another piece of the same model or colour.
Colours and appearance may also vary depending on lighting, photographic conditions, screen type and display calibration. All measurements are approximate, and minor variations are normal in a handmade product.
Before dispatch, every Cherubina is individually inspected by Torciano Atelier and is considered complete and in perfect condition when entrusted to the carrier.
All product descriptions may be updated without notice. We may discontinue a product or limit quantities by person, geographic region or jurisdiction.
3 - ORDERS
Torciano Atelier can be contacted by email at info@torcianoatelier.com or by phone at +39 0577 988134, Monday to Friday, from 9 am to 8 pm.
The Customer may place an order through the Torciano Atelier website, by emailing info@torcianoatelier.com, by phone at +39 0577 988134, or at Tenuta Torciano Winery.
When you place an order, you are making a binding offer to purchase the products selected and you confirm that all order, billing, payment and shipping information is complete and accurate. Torciano Atelier reserves the right to accept or decline an order for legitimate reasons, including product availability, payment verification, suspected fraud, legal or shipping restrictions, pricing errors or inability to serve the requested destination.
An order is accepted after payment has been successfully authorised and processed and after Torciano Atelier or its authorised agent has confirmed acceptance. Orders are processed immediately once payment has been completed.
ALL ACCEPTED ORDERS ARE FINAL SALES. To the fullest extent permitted by applicable law, after payment has been authorised and the order has entered processing, the Customer may not cancel, withdraw, revoke, modify, postpone, exchange or request a refund for the order. Torciano Atelier does not accept requests for delivery on a later date after the order has been accepted.
The Customer is responsible for reviewing all products, quantities, personalisation details, shipping information, destination, prices and applicable charges before submitting payment. Errors or changes requested by the Customer after payment do not create any right to cancellation, replacement or refund.
An order remains a final sale even if the Customer changes their mind, is unavailable at delivery, provides an incorrect or incomplete address, fails to collect the package, refuses the package, fails to provide information required for customs clearance, or requests that delivery be postponed after processing has begun. Refusal or non-collection of a package does not constitute cancellation and no refund will be issued on that basis.
All orders, to be considered valid, must be fully paid and accompanied by valid proof of payment. Discount codes, promo codes, gift vouchers and gift cards are not cumulative and cannot be combined unless expressly stated otherwise.
The Customer represents and warrants that purchases are for personal or household use and not for unlawful resale or export. Where an order includes alcoholic beverages, the Customer confirms that they satisfy all minimum-age and legal purchase requirements applicable in the place of purchase and delivery and accepts sole responsibility for the lawful purchase and receipt of such beverages.
The Customer acknowledges and accepts the unique handmade characteristics described in Section 2 as part of the product purchased. No voluntary or commercial cancellation, return, exchange, replacement or refund is offered by Torciano Atelier. Nothing in these Terms limits any right that cannot lawfully be waived.
4 - PRICE LIST AND PAYMENT
All prices are stated and prepaid in Euros (EUR). If the Customer uses a payment card or account denominated in another currency, the card issuer, bank or payment provider may apply its own exchange rate, conversion method and fees. The final amount charged in the Customer's local currency may therefore differ from any indicative currency conversion shown by Torciano Atelier. Torciano Atelier is not responsible for exchange-rate differences or third-party conversion fees.
The initial product price displayed on the website, including prices such as EUR 2,100, EUR 2,200 or EUR 2,250, refers to the price of the product only and does not include shipping, applicable sales tax, customs duties or import charges.
Before payment is submitted, the checkout calculates and displays the complete order total for the selected delivery destination. The checkout total includes the product price together with the applicable shipping cost, sales tax and customs duties or import charges calculated for that destination.
The Customer prepays the complete amount displayed at checkout. Except for extraordinary costs caused by incorrect or incomplete Customer information, failed delivery, storage, re-routing, re-shipment, refusal of the package or failure to cooperate with customs clearance, the Customer will not be required by Torciano Atelier to pay ordinary shipping charges, sales tax or customs duties a second time upon delivery.
All prices may be updated without prior notice. Any change will not apply retroactively to an accepted order. The price charged will be the complete amount displayed and accepted at checkout when the order is submitted, subject to the correction of obvious errors as permitted by law.
Prices offered online may differ from prices offered in physical stores or through third-party channels. Promotions may be subject to separate terms. If promotional terms conflict with these Terms, the specific promotional terms will apply only to that promotion.
Payment must be made using one of the methods made available at checkout or otherwise expressly accepted by Torciano Atelier.
By submitting payment, the Customer confirms and declares that the payment is valid, genuine, non-fraudulent and personally authorised by the Customer or by the lawful holder of the payment method.
The Customer represents and warrants that: (i) all payment information provided is true, correct and complete; (ii) the Customer is duly authorised to use the selected payment method; (iii) all charges will be honoured by the payment provider; and (iv) the Customer will pay the complete order total displayed at checkout.
Once payment has been authorised and processed, the order enters processing immediately and becomes a FINAL SALE. Except where required by mandatory law, chargebacks, payment disputes or requests to reverse an authorised payment do not constitute a valid cancellation and do not relieve the Customer of payment obligations.
5 - SHIPPING AND RATES
Each order will be accepted and processed through a legal and licensed shipping channel of distribution. Products purchased may be processed, fulfilled and invoiced by an authorised agent operating from one of our warehouses or distribution locations.
Where an order contains alcoholic beverages, the buyer is solely responsible for the lawful purchase, importation and receipt of those beverages and for compliance with all age, customs, tax and local regulatory requirements.
By submitting the order, the Customer authorises the applicable retailer or authorised agent to act on the Customer's behalf for the limited purpose of arranging shipment through a common carrier and completing the documentation reasonably required for fulfilment, transport, customs clearance and delivery.
Torciano Atelier may select the warehouse, authorised agent, retailer, licensed distribution channel, carrier, shipping service and route used to fulfil the order. Torciano Atelier may also divide an order into partial or separate shipments without this creating any right to cancellation or refund.
Immediately before dispatch, each bag is inspected, documented and considered complete and in perfect condition by Torciano Atelier. Once the sealed package is entrusted to the carrier, any new external impact, crushing, puncture, water exposure, loss, theft or other physical damage occurring during transportation must be handled as a carrier-damage claim under Section 9.
The shipping cost applicable to the selected destination is calculated and included in the complete order total displayed at checkout. The Customer prepays this shipping cost together with the product price, applicable sales tax and customs duties or import charges.
Additional costs caused by incorrect or incomplete delivery information, failed delivery, storage, re-routing, re-shipment, refusal, non-collection or the Customer's failure to cooperate with customs clearance are not included in the original checkout total and may be charged separately to the Customer.
All accepted orders remain FINAL SALES during fulfilment and shipping. The Customer may not cancel, postpone or change the requested delivery date once payment has been processed and fulfilment has begun, except where Torciano Atelier expressly agrees in writing or mandatory law requires otherwise.
6 - DELIVERY
Delivery of an accepted order is guaranteed within six (6) weeks from the date on which payment is successfully processed and the order is accepted, except where delivery is prevented or delayed by circumstances outside the reasonable control of Torciano Atelier, including customs procedures, legal restrictions, carrier disruptions, incorrect or incomplete Customer information, force majeure or the Customer's failure to cooperate with delivery or customs requirements.
Where a product must first be crafted, completed, prepared or personalised, production time is included in the six-week delivery period. Any shorter production, dispatch or transit time communicated on the website, in an email or by a representative is an estimate only unless expressly confirmed in writing as a binding delivery date.
Once the Cherubina Bag has been crafted and completed, indicative carrier transit times are generally:
- 3–4 business days in the USA and Canada;
- 2–3 business days in Europe;
- 5–7 business days in the rest of the world.
These carrier transit times are estimates and may be affected by customs, local delivery conditions, remote destinations and events outside our reasonable control.
The Customer must provide complete and accurate delivery information and remain available to receive or collect the package. Any additional cost caused by an incorrect address, failed delivery, refusal, non-collection, storage, re-routing or re-shipment may be charged to the Customer.
Refusal, failed delivery or non-collection does not cancel the order and does not entitle the Customer to a refund. Orders are processed immediately after payment and Torciano Atelier does not accept requests for a later delivery date once processing has begun.
If delivery has not occurred within the agreed period, any remedies available to the Customer will be limited to those that cannot lawfully be excluded under the applicable mandatory law.
7 - SALES TAX, CUSTOMS DUTIES AND IMPORT CHARGES
The initial product price displayed on the website does not include shipping, applicable sales tax, customs duties or import charges.
These amounts are calculated according to the selected delivery destination and are added to the product price before payment. The complete order total displayed at checkout includes the applicable shipping cost, sales tax and customs duties or import charges and is prepaid by the Customer.
Except for extraordinary charges arising from incorrect or incomplete information supplied by the Customer, failed delivery, storage, re-routing, re-shipment, refusal, non-collection or failure to cooperate with customs clearance, the Customer should not be charged the same ordinary shipping cost, sales tax or customs duties again upon delivery.
The Customer remains responsible for providing any documents, tax identification numbers, licences, declarations or information required for lawful importation and customs clearance.
If a carrier, customs authority or other third party requests an amount that appears to duplicate a shipping cost, sales tax or customs duty already included in the checkout total, the Customer should contact Torciano Atelier before making the additional payment so that the charge may be verified.
Any additional carrier, storage, re-delivery, address-correction, re-routing, disposal, destruction or re-export cost caused by the Customer's actions, omissions or non-cooperation remains the Customer's responsibility. Refusal or abandonment of the package does not cancel the order and does not create a right to a refund.
8 - FINAL SALE, NO RETURNS, NO EXCHANGES AND NO REFUNDS
ALL ORDERS ARE FINAL SALES. Except only to the minimum extent required by a mandatory and non-waivable provision of applicable law, an accepted and paid order cannot be cancelled, withdrawn, revoked, modified, postponed, returned, exchanged, replaced or refunded for any reason.
TORCIANO ATELIER DOES NOT OFFER OR ACCEPT RETURNS OF ANY KIND. No change-of-mind return, commercial return, voluntary return, exchange, replacement, refund or Customer-initiated shipment back to Torciano Atelier is permitted.
The Customer expressly acknowledges and accepts the handmade and unique characteristics of every Cherubina described in Section 2.
Orders enter processing immediately after payment has been authorised. Torciano Atelier therefore does not accept cancellation requests, refund requests, exchanges, replacements, return requests or requests to delay delivery after payment.
The Cherubina is a highly exclusive, limited-edition item with unique serial numbering and may be individually crafted, selected, allocated, completed or prepared for a specific order. Once allocated or sold, the same item cannot be restocked, replicated, reissued or guaranteed to be replaceable.
Where the product is made to the Customer's specifications, clearly personalised, uniquely allocated or otherwise excluded from a statutory withdrawal right under applicable law, the Customer expressly acknowledges and accepts that no cooling-off or withdrawal right applies.
The Customer must never independently send or deliver the product to Torciano Atelier, a warehouse, an agent, a retailer or any other address. Any unsolicited shipment may be refused or returned at the Customer's expense.
Nothing in this section limits any right that cannot lawfully be waived and no such limitation shall create a general return, exchange, replacement or refund policy.
9 - QUALITY CONTROL, DELIVERY INTEGRITY AND CARRIER DAMAGE
Before dispatch, each Cherubina undergoes an individual quality inspection. Torciano Atelier records and certifies that the bag is complete and in perfect condition when it leaves Torciano Atelier and is entrusted to the carrier.
The Customer must inspect the external condition of the package at delivery. Any visible crushing, tearing, puncture, water damage, opening, tampering, shortage or other irregularity must, where possible, be written on the carrier's delivery record before the package is accepted.
A claim may be considered as possible carrier damage only where there is objective evidence that the damage occurred after dispatch and during transportation. The Customer must notify Torciano Atelier without undue delay and, where possible, within forty-eight (48) hours of delivery.
The notification must include clear photographs and videos of: (i) every side of the unopened external package; (ii) the shipping label; (iii) seals, tape and closures; (iv) all internal packaging; (v) the complete bag; and (vi) close-up images of the transportation damage. The Customer must retain the product and all packaging until the carrier investigation is concluded.
The handmade characteristics described in Section 2 are not transportation damage and will not be accepted as the basis of a carrier claim.
NO RETURN IS PERMITTED OR ACCEPTED. The Customer must not independently send or deliver any product back. Refusing delivery, abandoning the package or independently shipping the product does not constitute a valid cancellation or return and creates no right to an exchange, replacement or refund.
All carrier claims are initially investigated remotely. Torciano Atelier may compare the Customer's evidence with photographs, video, serial-number records, inspection documents, package weight and other records created before dispatch.
If Torciano Atelier and, where applicable, the carrier or insurer verify that physical damage was caused during transportation, Torciano Atelier may pursue a claim against the carrier. Any solution offered to the Customer is subject to the outcome of that investigation, applicable insurance and mandatory law. No refund or replacement is automatic merely because a claim has been submitted.
No employee, representative, retailer, warehouse, carrier or authorised agent may create a right of return, replacement or refund through an oral statement. Any exceptional collection or inspection instruction must be issued expressly in writing by Torciano Atelier.
An instruction to permit inspection or organise collection does not convert the order into a returnable sale and does not authorise the Customer to choose the carrier, shipping method, destination or timing.
10 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Torciano Atelier, its affiliates or its licensors and are protected by Italian, European Union, U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of Torciano Atelier, Shopify or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Torciano Atelier.
Torciano Atelier’s names, logos, product and service names, designs and slogans are trademarks of Torciano Atelier or its affiliates or licensors. You must not use such trademarks without the prior written permission of Torciano Atelier. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
11 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites, or to your purchase or use of any products, services, resources or content on any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third-party.
12 - SHOPIFY'S ROLE
Torciano Atelier is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Torciano Atelier. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Torciano Atelier, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Torciano Atelier.
13 - PRIVACY POLICY
Personal information collected through the Services is processed in accordance with Regulation (EU) 2016/679, commonly known as the General Data Protection Regulation ("GDPR"), applicable Italian data-protection law, our Privacy Policy and, where relevant, Shopify's Privacy Policy.
Torciano Atelier, Tenuta Torciano, Tenute Giachi S.r.l. and Flytowine S.r.l. will not disclose personal information to third parties without an appropriate legal basis. Information may be shared where required by law or where reasonably necessary to provide a product or service requested or purchased by the Customer, including payment processing, fraud prevention, order administration, customer support, warehousing, licensed distribution, invoicing, shipping, customs clearance and delivery.
By placing an order, the Customer acknowledges that Torciano Atelier and the parties involved in fulfilment may contact the Customer by email, telephone, SMS or other available communication channels to provide customer service and send transactional or service-related messages, including payment notices, order confirmations, delivery communications, requests for customs information, security alerts and updates concerning the order.
Promotional communications concerning products, services, events or offers will be sent only where the Customer has provided valid consent or where another lawful basis permits such communication. The Customer may withdraw consent or object to marketing at any time using the unsubscribe method provided in the communication or by contacting us, without affecting the lawfulness of processing carried out before withdrawal.
Because the Services are hosted by Shopify, Shopify may collect and process information relating to the Customer's access to and use of the Services in order to provide, secure and improve the platform. Information submitted through the Services may be transmitted to Shopify, payment providers, fulfilment partners and other service providers, including recipients located outside the Customer's country, subject to applicable data-protection safeguards.
For more information, please review our Privacy Policy and the complete terms available at: www.torciano.com/en/terms-and-conditions/
14 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party’s intellectual property or these Terms.
You agree that your Feedback 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 Feedback will not contain libellous or otherwise unlawful, abusive or obscene content, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in the Services may contain typographical errors, inaccuracies or omissions concerning product descriptions, prices, promotions, shipping charges, transit times or availability. We reserve the right to correct such information and, where an obvious error materially affects an order, to decline or cancel the affected order and refund any amount actually received for that order. This right belongs to Torciano Atelier and does not create a corresponding right for the Customer to cancel an otherwise valid accepted order. All accepted orders remain FINAL SALES, except where mandatory law provides otherwise.
16 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Torciano Atelier, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
17 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitations of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law and Jurisdiction, Privacy Policy, and any other provisions that by their nature should survive termination.
18 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general information purposes. We do not warrant that all information will always be complete, current or free from error. Reliance on such information is at the Customer's own risk.
Every Cherubina is handmade from natural materials. Torciano Atelier does not warrant exact uniformity, machine-made precision or exact correspondence with photographs, samples, prototypes, display pieces or other bags. The natural and handcrafted variations described in Section 2 are agreed characteristics of the product.
Except for rights and warranties that cannot lawfully be excluded, the Services and products are provided "as is" and "as available", without additional commercial warranties or conditions, express or implied, including any warranty of exact appearance, uniformity, symmetry, colour matching, texture, grain, stitching or finishing.
Before shipment, every Cherubina is individually inspected and considered in perfect condition. New physical damage that objectively occurs during transportation is governed exclusively by Section 9 and remains subject to verification by Torciano Atelier, the carrier and any insurer.
Some jurisdictions restrict the exclusion of implied or statutory warranties. In those jurisdictions, this section applies only to the fullest extent permitted by law.
19 - LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, Torciano Atelier, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special or consequential loss arising from the use, possession or purchase of the Services or products, including lost profits, lost revenue, lost savings, loss of data or replacement costs.
Torciano Atelier shall not be liable for dissatisfaction arising solely from natural materials, handmade production, individual variations or differences from photographs, samples, prototypes, display pieces or other bags. Such characteristics are expressly accepted as part of the purchased product.
After Torciano Atelier has inspected, documented and handed the sealed shipment to the carrier, claims concerning new physical transportation damage must be handled under Section 9. Torciano Atelier does not guarantee that the carrier or insurer will approve a claim and does not provide an automatic refund or replacement.
Without prejudice to mandatory protections that cannot be waived, Torciano Atelier's total liability shall not exceed the amount actually paid for the affected merchandise. Nothing in these Terms creates any voluntary right of return, exchange, replacement, reimbursement or refund.
20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Torciano Atelier, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.
21 - 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 severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.
22 - WAIVER; ENTIRE AGREEMENT
The failure of Torciano Atelier 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 of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
23 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
24 - GOVERNING LAW AND JURISDICTION
The business relations between Torciano Atelier and its Customers are exclusively regulated by these Terms and Conditions, unless otherwise stated and agreed upon in written form. For any aspect not included herein, Italian law shall apply, including for the interpretation of these Terms and Conditions.
For Customers acting in the course of a trade, business or profession, any dispute concerning the interpretation or execution of this contract shall be subject to the exclusive jurisdiction of the Court of Florence, Italy. For consumers, the competent court and any protections granted by the mandatory law of the country in which the consumer habitually resides remain unaffected.
25 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of these Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
26 - INTELLECTUAL PROPERTY AND PATENT PROTECTION
Cherubina is protected by international patent rights and other applicable intellectual property laws. By purchasing or using the product, the Customer acknowledges and agrees not to reproduce, reverse engineer, exploit, disclose, distribute, or use the product, its design, technical features, or any related information for any commercial purpose without the prior written consent of the rights holder. Any unauthorized use may constitute an infringement of applicable intellectual property rights and may give rise to legal action.
27 - CONTACT INFORMATION
Torciano Atelier
Email: info@torcianoatelier.com
Phone: +39 0577 988134 (Monday to Friday, 9 am – 8 pm)
Website: www.torcianoatelier.com
