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 warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, 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. For wine purchases, please refer to the Terms and Conditions of Tenuta Torciano Winery at: https://www.torciano.com/en/terms-and-conditions/
SECTION 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.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 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 an offer to purchase. Torciano Atelier reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Torciano Atelier confirms acceptance. We must receive and process your payment before your order is accepted.
All orders, to be considered valid, must be fully paid and accompanied by a valid proof of payment. Discount codes, promo codes, gift vouchers and gift cards are not cumulative and cannot be combined with one another.
Please review your order carefully before submitting, as Torciano Atelier may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with the policies set out in these Terms.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
All prices listed on the website’s price list are in Euros (your credit card company may apply an exchange rate that differs from the final amount paid).
The prices displayed on the website do NOT include shipping fees, estimated sales taxes and import duties, which will be added at checkout, calculated on the basis of the destination country.
All prices may be automatically updated without prior notice; any such modifications will not apply to orders already placed by the Customer. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Prices posted in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions that may affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Payments by Customers must be made using the methods required on this website.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping, brokerage, insurance and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND RATES
Orders will be processed through a legal and licensed shipping channel of distribution under contract with Torciano Atelier. Products purchased will be managed and invoiced by an authorised agent operating from one of our warehouses. The buyer is solely responsible for the purchase of alcoholic beverages. You authorise the retailer to act on your behalf to utilise a common carrier.
Torciano Atelier reserves the right to ship orders partially, in separate shipments.
SECTION 6 - DELIVERY
Once the Cherubina Bag is crafted and completed, the average transit times for delivery are as follows:
- 3–4 days in the USA and Canada;
- 2–3 days in Europe;
- 5–7 days in the rest of the world.
All delivery times are estimates only and are not guaranteed. Torciano Atelier shall not be liable for delays caused by shipping carriers, customs processing or events outside its control.
SECTION 7 - CUSTOM CHARGES
The prices displayed on the website DO NOT include estimated sales taxes and import duties, which will be added at checkout and calculated on the basis of the destination country's regulations.
SECTION 8 - WITHDRAWAL
Please be advised that, as Cherubina constitutes a limited edition, highly exclusive product distinguished by unique serial numbering, the Company is unable to guarantee the return or restocking of the item. Each piece is produced in a strictly limited quantity and identified by an individual serial number; accordingly, once availability is exhausted, the Company cannot ensure the replacement, reissue, or resupply of the same article.
In any case, the Customer’s right to the statutory guarantee of conformity remains unaffected. In the event of proven manufacturing defects, the Customer is entitled, in accordance with the law, to repair, replacement or, where applicable, a refund for the product. The Customer must report any conformity defect to Torciano Atelier within 14 days from its appearance. The warranty does not cover damage caused by tampering, negligence, or any activity attributable to the Customer and outside the control of Torciano Atelier.
To exercise any rights under this section, the Customer must inform Torciano Atelier via the form on the website www.torcianoatelier.com, or by sending an email to info@torcianoatelier.com, or by calling +39 0577 988134, Monday to Friday between 9 am and 8 pm.
SECTION 9 - INTEGRITY OF GOODS AND RETURNS
Upon dispatch, responsibility for the product is transferred to the shipping carrier. All shipments are covered by insurance, and any claims related to damage or loss during transport is the responsibility of the carrier. Torciano Atelier shall not be held liable for any defects, damages or loss affecting the product once it has been shipped.
Upon delivery, the buyer must verify the integrity of the packages, quantity and quality as specified in the document of transportation. In case of any discrepancies, the buyer will have fourteen (14) days to return the product. Any communication beyond this deadline will not be considered.
The Customer must inform Torciano Atelier via the form on the website www.torcianoatelier.com, by sending an email to info@torcianoatelier.com, or by calling +39 0577 988134, Monday to Friday between 9 am and 8 pm.
The request must clearly state the reason for the return, in addition to citing the references of the invoice or document of transportation and delivery. The request will be evaluated by Torciano Atelier, which will answer as soon as possible, and, in case of approval, will begin the process of taking care of the return.
In any case, the products must be returned complete, in perfect condition and in their original packaging or, if not sufficient, repackaged so as to ensure safe transportation.
Torciano Atelier is not responsible for personal items or data left inside returned merchandise. We are not responsible for any incidental or consequential damages resulting from the sale or use of any merchandise purchased from us.
SECTION 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.
SECTION 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.
SECTION 12 - RELATIONSHIP WITH SHOPIFY
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.
SECTION 13 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than the one where you reside, in order to provide services to you. Please review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.
SECTION 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.
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 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.
SECTION 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.
SECTION 18 - DISCLAMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Except as expressly stated by Torciano Atelier, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
SECTION 19 - LIMITATIONS OF LIABILITY
To the fullest extent provided by law, in no case shall Torciano Atelier, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted or otherwise made available via the Services, even if advised of their possibility.
In any event, and without prejudice to any mandatory protections granted to consumers under applicable law, Torciano Atelier’s responsibility is limited solely to the monetary value of the merchandise purchased.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
Any dispute concerning the interpretation and/or execution of this contract shall be dealt with exclusively by the Court of Florence, Italy. The protection guaranteed by the law of the Country where the Customer/consumer regularly resides remains unaffected.
SECTION 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.
SECTION 26 - CONTACT INFORMATION
Torciano Atelier
Email: info@torcianoatelier.com
Phone: +39 0577 988134 (Monday to Friday, 9 am – 8 pm)
Website: www.torcianoatelier.com
