Terms & Conditions (EN)
Here, you’ll find the specific terms that apply depending on how you’re purchasing. Whether you’re buying as a consumer (B2C) or a professional (B2B), the sections below outline your rights and obligations. Please make sure to review the relevant terms before proceeding with any purchases. For any questions, feel free to contact me directly (info@alessiasemenzin.com).
B2C
General Terms and Conditions of Sale, effective as of 20/09/2024
PREAMBLE
This notice is provided for the website https://damnebrands.com and https://alessiasemenzin.thrivecart.com/ (Website).
Seller’s details: SEMENZIN ALESSIA, Via Martignago 36 31040 Volpago del Montello (TV) ITALY, Chamber of Commerce of Treviso & Belluno, VAT IT04944170267, info@alessiasemenzin.com, +393505180139 (Seller)
Service sold on the Website: consultation (Service).
Art. 1 Scope of application
1.1 The General Terms and Conditions of Sale apply to all sales carried out by the Seller through the Website. To finalize the purchase of the Services, you must click on a link that will direct you to an external platform. This being the case, the Seller is the only entity that will provide the Service you have purchased. The terms of sale and privacy policy of the Site prevail over any legal documents that may be present on the third-party platform.
1.2 Where enabled by the Website, the entry of your tax code at the time of purchase implies that you are acting as a “Consumer”. A Consumer is defined as a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or craft activity carried out. Where the entry of a VAT number (yours or that of a legal entity) is allowed, this implies a purchase as a “Professional”. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft, or professional activity, or through an intermediary. The implications of purchasing as a Consumer rather than as a Professional are described below in this document.
1.3 All time limits indicated shall be understood as business days, excluding Saturdays, Sundays, and national holidays. Images and descriptions on the Website are for illustrative purposes only. Colours may differ from actual ones due to the settings of the IT systems or devices used for viewing.
1.4 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions shall take effect from the time they are published on the Website. You are therefore invited to regularly access the Website and consult, prior to making any purchase, the most updated version of the General Terms and Conditions of Sale.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Website through links, banners, or other hypertext connections. Before carrying out transactions with such parties, it is necessary to verify their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.7 With respect to websites accessible through such links, the Seller performs no control and/or monitoring. The Seller is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or violations of law by them.
1.8 You are required to carefully read these General Terms and Conditions of Sale, as well as all other information provided by the Seller on the Website, including during the purchase process.
1.9 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.10 All elements of the Website are the property of the Seller or third parties. Unless expressly authorised in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the Website content.
1.11 The Seller shall in no event be liable to you or third parties for any indirect, incidental, special, or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of or inability to use the Website. The Seller does not guarantee nor represent that: (i) the Website is free from viruses or programs that may damage data; (ii) the information contained on the Website is accurate, complete, or up to date.
1.12 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided by the applicable law from time to time shall remain unaffected. The Seller may organise contests and prize promotions reserved for Website users. The rules of each contest or prize promotion shall be available in a dedicated section of the Website. Where prizes consist of discount vouchers, shopping vouchers, or equivalent forms, they may not under any circumstances be converted into cash.
Art. 2 Purchases on the Website
2.1 To make purchases on the Website, you must follow the procedure available on the Website, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller’s server.
2.2 You undertake to immediately inform the Seller if you suspect or become aware of any unauthorised use or disclosure of any information entered by you on the Website.
2.3 You warrant that the personal information provided is complete and truthful and undertake to indemnify and hold the Seller harmless from any damage, compensation obligation, and/or sanction arising from or in any way connected to the breach of this undertaking. You further undertake to immediately inform the Seller if you suspect or become aware of any unauthorised use or disclosure of your Website access credentials.
2.4 The Seller reserves the right to refuse orders placed by users who have previously violated these General Terms and Conditions of Sale or any applicable legal provisions.
2.5 To place orders on the Website it is necessary to read and approve these General Conditions of Sale, by checking the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
2.6 Following the purchase, you will receive an order confirmation email. The order confirmation email shall contain at least the following information: (i) Seller’s data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any additional cost; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
2.7 Payment of a deposit is not required to use the services offered for sale on the Site.
Art. 3 Prices
3.1 On the Website:
prices are excluding VAT as not applicable.
3.2 The Seller reserves the right to change the price of the Services at any time, without prior notice, it being understood that the price charged to you shall be the one indicated on the Website at the time the order is placed, and that any subsequent price variations (increase or decrease) shall not be taken into account.
3.3 The purchase contract is subject to termination upon failure to pay the Total Amount Due. Unless otherwise agreed in writing, the order shall consequently be cancelled.
Art. 4 Payment methods
4.1 This article describes the payment methods available on the Website. The user may in any case contact the Seller for further information.
4.2 Payment by credit card is considered completed and approved by the cardholder. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Site, the data of your payment card used to pay for the Service.
4.3 This article indicates the credit and/or debit cards that may be accepted on the Website.
VISA.
MasterCard.
American Express.
Maestro.
4.4 Payment by bank transfer is not possible on the Site.
4.5 You cannot make purchases on the Site using coupons, vouchers or discount vouchers.
4.6 Any payment methods other than those described above may be regulated in this article:
At the date of publication of these Conditions of Sale, the Seller does not use alternative payment instruments (e.g. cryptocurrencies or services such as PayPal).
Art. 5 Right of withdrawal
5.1 Users are invited to carefully review this article, which governs the right of withdrawal.
5.2 The right of withdrawal is the Consumer’s right to withdraw from the purchase contract without providing any reason. You may exercise this right within 14 calendar days from the conclusion of the contract. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 5. Where no exceptions apply, this Article 5 shall apply in full.
In cases of withdrawal, the Seller shall refrain from using any content, other than personal data, that has been provided by you or created by you during the content of the digital content or digital service, except when such content (i) is of no use outside the context of the digital content or digital service provided by the Seller; (ii) relates solely to your activity during the use of the digital content or digital service provided by the trader; (iii) has been aggregated by l Seller to other data and cannot be disaggregated or can only be disaggregated with disproportionate effort; (iv) has been generated jointly by you and other persons, who continue to make use of it after termination of the contract. Except as set out in sub-paragraphs (i), (ii) and (iii) above, the Seller shall, at your request, make available any content, other than personal data, provided or created by you during the use of the digital content or digital service provided by the Seller. You are entitled to retrieve such digital content from the Seller free of charge and without hindrance, within a reasonable period of time and in a commonly used and machine-readable format. In the event of termination of the contract, the Seller may prevent any further use of the digital content or digital service by you, in particular by making such digital content or digital service inaccessible or deactivating your account, without prejudice to (i), (ii) and (iii) above.
5.3 The seller informs you that the withdrawal is excluded for services performed before the expiry of the period of 14 days, with your express agreement to lose the right of withdrawal. For partially performed Services, the exclusion of the right of withdrawal shall apply with reference to the Services already performed.
Art. 6 Legal Guarantee of Conformity
6.1 The Legal Guarantee of Conformity is reserved for Consumers only and therefore applies exclusively to users who have purchased on the Website for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out.
6.2 The Seller is liable to the Consumer for any lack of conformity of the Service that becomes apparent within two years of purchase. Claims for defects not fraudulently concealed by the Seller shall in any case be time-barred after twenty-six months from the provision of the Service. In the event of a lack of conformity, the Consumer is entitled to restoration of conformity, a proportional price reduction, or termination of the contract due to serious breach.
6.3 If you purchased as a Professional, the preceding articles shall not apply.
Art. 7 Out-of-court dispute resolution
7.1 The Seller informs Consumers that, where a complaint has been submitted directly to the Seller and the dispute has not been resolved, the Seller shall provide information on Alternative Dispute Resolution (ADR) bodies competent for the extrajudicial resolution of disputes arising from contracts concluded under these General Terms and Conditions of Sale, specifying whether it intends to make use of such bodies.
7.2 In any event, the Consumer’s right to bring proceedings before the competent ordinary court remains unaffected, regardless of the outcome of any extrajudicial dispute resolution procedure. Consumers residing in an EU Member State other than Italy may also access the European procedure for small claims established by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed EUR 5,000.00, excluding interest, rights, and costs. The text of the regulation is available at http://www.eur-lex.europa.eu.
Art. 8 Customer service
8.1 Requests for information, communications, assistance, or complaints may be submitted by contacting the Seller using the contact details provided in the Preamble or by using the contact form available on the Website, if any.
8.2 The Seller responds within an indicative time frame of 2 business days days.
Art. 9 Miscellaneous. Material published on the Website. Reviews. Use of artificial intelligence systems
9.1 Any material published on the Website is protected by applicable copyright laws. Without authorisation from the Seller or the third-party copyright holder, it is prohibited to copy, publish, modify, or otherwise use any material published on the Website for any purpose.
9.2 Pursuant to the provisions of Legislative Decree No. 26 of 7 March 2023, the Site informs you that no tool is implemented on the Site that allows users to publish reviews.
9.3 You are, however, invited to access this article on the occasion of future purchases to check whether a tool has been implemented on the Site that allows users to post their own reviews related to shopping experiences on the Site.
Art. 10 Applicable law. Jurisdiction
10.1 Contracts of purchase concluded through the Website are governed by what is indicated in these General Conditions of Sale and, as provided for, by the Italian Consumer Code.
10.2 Where the user qualifies as a Consumer, any dispute relating to the application, execution, or interpretation of this document shall fall under the jurisdiction of the court of the place of the user’s residence or domicile. Where the user qualifies as a Professional, any dispute shall fall under the exclusive jurisdiction of the court where the Seller has its registered office, as indicated in the Preamble.
Service-Specific Terms: THE DAMNE HOUR
The following terms apply specifically to purchases of THE DAMNE HOUR service and supplement the General Terms and Conditions of Sale set out above. In the event of conflict between these service-specific terms and the General Terms and Conditions of Sale, these service-specific terms shall prevail with respect to THE DAMNE HOUR service.
Art. 1 Service description
1.1 THE DAMNE HOUR is a creative direction, consulting and design execution service offered by the Seller through the Website, sold in slots of 90 (ninety) minutes each (hereinafter referred to as “slots”). The specific scope and deliverables of each engagement are defined through a written scoping agreement (via email) between the Seller and the Purchaser prior to booking and payment. Each slot comprises 90 (ninety) minutes of focused creative work.
1.2 Work carried out under THE DAMNE HOUR may include, but is not limited to: brand strategy, creative direction, visual identity work (excluding logo design), template and collateral design, content system design, art direction, AI imagery and brand consulting.
1.3 Logo design is expressly excluded from THE DAMNE HOUR service and is only available as part of THE DAMNE BRAND service. The Seller may provide consulting and feedback on the Purchaser’s existing logo, but shall not undertake the creation of new logos or logo redesigns under this service.
Art. 2 Booking and payment
2.1 Full payment for the agreed number of slots is required prior to commencement of work. No work shall begin until payment has been received in full and the Purchaser has submitted the required intake form and/or any materials requested by the Seller. For the purposes of these terms, “commencement of work” refers to the point at which both conditions have been met.
2.2 Payment is non-refundable once work has commenced, in accordance with the provisions set out in Art. 5 below.
2.3 The price charged to the Purchaser shall be the per-slot rate indicated on the Website at the time the order is placed, in accordance with the General Terms and Conditions of Sale. The Seller reserves the right to change the per-slot rate at any time, without prior notice, it being understood that no account shall be taken of any subsequent price variations following the transmission of the order.
Art. 3 Scope and deliverables
3.1 Deliverables are strictly limited to what was agreed in the written scoping communication referred to in Art. 1.1. Any work requested beyond the agreed scope requires the purchase of additional slots at the applicable rate.
3.2 The Seller shall inform the Purchaser if the requested work is expected to exceed the booked slots before proceeding with any additional work. Additional slots shall not be charged without the prior agreement of the Purchaser.
Art. 4 Delivery
4.1 Deliverables are provided within 3 (three) to 10 (ten) business days of receipt of the completed intake form and all required materials from the Purchaser, unless a different timeline is agreed in writing between the Seller and the Purchaser. The term indicated is to be understood as indicative and not peremptory.
4.2 Delivery is asynchronous by default (via email or file transfer). Live sessions, where applicable, are scheduled by mutual agreement between the Seller and the Purchaser.
Art. 5 Revisions and cancellation
5.1 Revisions are not guaranteed and are subject to the time remaining within the booked slots after initial delivery. Any revisions, amendments or further work that exceed the booked slot time require the purchase of additional slots at the applicable rate.
5.2 If the Purchaser wishes to cancel a booked engagement before work has commenced, a full refund shall be issued. Once work has commenced, no refund shall be due.
5.3 If the Seller is unable to fulfil the engagement due to unforeseen circumstances, the Purchaser shall receive a full refund of any amounts paid.
5.4 If the Purchaser fails to provide requested materials, information or feedback within 7 (seven) business days of a written request by the Seller, the engagement shall be deemed complete and delivered. No refund shall be due for any remaining unused slots, and the Seller shall have no further obligation to deliver outstanding work.
5.5 With reference to B2C purchases: the Seller informs the Consumer that the right of withdrawal is excluded for services performed before the expiry of the period of 14 calendar days, with the Consumer’s express agreement to lose the right of withdrawal, in accordance with Art. 5.3 of the B2C General Terms and Conditions of Sale. By completing the purchase and expressly requesting commencement of the service, the Consumer acknowledges and agrees to the loss of the right of withdrawal upon commencement of work.
Art. 6 Right of reproduction and intellectual property
6.1 With the payment of the price, the Purchaser purchases the right to reproduce and use for commercial purposes, only the final deliverables as agreed in the written scoping communication referred to in Art. 1.1. The Purchaser is under no circumstances allowed to reproduce or use for commercial purposes any work-in-progress, preliminary materials or concepts shared during the engagement.
6.2 All materials, presentations, proposals and other content provided by the Seller during the course of the engagement are confidential and intended solely for the Purchaser’s internal use. The Purchaser agrees not to reproduce, distribute, sell or share any of these materials with third parties without the explicit written consent of the Seller. Any unauthorized use or disclosure of these materials will be considered a breach of this agreement and may result in legal action.
6.3 The Seller may retain and use any proposals, concepts and designs not chosen by the Purchaser for other jobs, leaving out any and all symbols recognisable as those of the Purchaser.
6.4 The Seller reserves the right to use and reproduce the final deliverables in their own online or printed portfolio, social networks, websites and any other possible method of reproduction, with the purpose of the promotion of their professional activities.
Art. 7 AI-generated images disclaimer
7.1 The Purchaser acknowledges that any images or graphics generated using AI tools may be subject to the terms and conditions of the respective AI platform, including limitations on intellectual property rights. AI-generated images may not be fully protected by traditional copyright laws, and the legal landscape in this area is still developing. The Seller assumes no responsibility for any similarities, copyright disputes or other legal issues that may arise from the use of AI-generated images. The Purchaser agrees to use such materials at their own risk and to hold the Seller harmless from any claims or disputes that may result.
7.2 The Purchaser agrees to indemnify, defend and hold harmless the Seller from any liability, claims, damages, costs or expenses (including legal fees) arising out of or in connection with any materials or content generated through artificial intelligence (AI), including but not limited to images, graphics or other digital assets, and any legal issues or claims that may arise from such AI-generated content. The Seller shall not be liable for any adverse results, business failures, operational issues or legal disputes related to AI-generated materials, as such outcomes are beyond the control of the Seller and cannot be attributed to the design or services provided.
Art. 8 Email support add-on
8.1 The Purchaser may purchase an optional email support add-on at the time of booking or upon delivery of the final deliverables. The email support add-on provides 7 (seven) calendar days of follow-up support via email, commencing the day after final delivery of the engagement deliverables.
8.2 The email support add-on is limited to follow-up questions, clarifications and implementation guidance related to the deliverables and original scope of the engagement. The email support add-on does not include new design work, additional deliverables, revisions to the delivered work, or creative direction on matters outside the original engagement scope. Any such requests shall require a separate booking.
8.3 The email support add-on is limited to a maximum of 10 (ten) email exchanges in total across the 7-day period. One email exchange is defined as one message from the Purchaser and one reply from the Seller. Unused exchanges do not carry over beyond the 7-day period.
8.4 The Seller shall respond to email support enquiries within 1 (one) business day. Weekends and public holidays are excluded from the 7-day count.
8.5 Payment for the email support add-on is non-refundable once the support period has commenced. If the Purchaser does not make use of the email support within the 7-day period, no refund or extension shall be due.
8.6 The Seller reserves the right to determine, at their sole discretion, whether a follow-up question falls within the scope of the email support add-on or constitutes new work requiring a separate booking. The Seller shall inform the Purchaser accordingly.
Art. 9 Right of refusal
9.1 The Seller reserves the right to decline any THE DAMNE HOUR engagement at their sole discretion, including but not limited to requests that fall outside the intended scope of the service or that the Seller determines would be better served by a different service offering.
9.2 In the event the Seller declines an engagement after payment has been received but before work has commenced, a full refund shall be issued to the Purchaser.
Art. 10 Relationship to other services
10.1 If, during the course of a THE DAMNE HOUR engagement, the Seller determines that the Purchaser’s needs would be better addressed by THE DAMNE BRAND or another service offered by the Seller, the Seller shall inform the Purchaser accordingly. Any transition to a different service shall be subject to separate terms and agreement.
10.2 Slots already purchased under THE DAMNE HOUR may be credited toward a THE DAMNE BRAND project at the Seller’s discretion.
B2B
General Conditions of Sale, in force since 20/09/2024.
INTRODUCTION
This information is provided for the site https://damnebrands.com and https://alessiasemenzin.thrivecart.com/ (Site).
Seller Data: SEMENZIN ALESSIA, Via Martignago 36 31040 Volpago del Montello (TV) ITALY, Chamber of Commerce of Treviso & Belluno, VAT IT04944170267, info@alessiasemenzin.com, +393505180139 (Seller or Vendor).
Art. 1 Scope
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 Sales on the Site are reserved for those who have the status of “Professional”, pursuant to Article 3, paragraph I, letter c) of the Consumer Code. The Professional is the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or its intermediary.
1.3 The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are intended as indicative only. The colors may differ from the real ones due to the settings of the computer systems or computers you use to view them.
1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.6 The present General Sale Conditions do not regulate the sale of products and/or services by subjects other than the Seller that may be present on the Site through links, banners or other hypertext links.
1.7 Before carrying out commercial transactions with such subjects, it is necessary to verify their conditions of sale.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.9 The Seller does not control and/or monitor the websites that can be consulted through such links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of law by the same.
1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.
1.11 In no event shall Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of income or other indirect loss resulting from the use of or inability to use the Site. Seller makes no warranty or representation that: (i) the Site is free of viruses or programs that may damage data; (ii) the information contained on the Site is accurate, complete and current.
1.12 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.13 The entirety of any element of the Site is the property of the Seller or a third party. Except with the specific written consent of the Seller, you may not reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site.
Art. 2 Purchases on the Site
2.1 In order to make purchases on the Site it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the server of the Seller.
2.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information provided by you is complete and truthful and you agree to indemnify and hold the Seller harmless from any damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 In order to place orders on the Site it In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by checking the relevant box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site..
2.6 On the Site: (i) No alcoholic products are sold; (ii) no adult products are sold; (iii) no food products are sold.
2.7 After the purchase on the Site You will receive an order confirmation email. The order confirmation email shall contain at least the following information: (i) Seller’s data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any additional cost; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
2.8 The colours of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the colour of the Product differs from that expected by the user. Users are invited to contact the Seller in case of doubts on the colour of one or more Products on the Site.
Art. 3 Availability of Products
3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
3.2 On the Site no information on Product availability is available. In any case, you may write to the Seller at the contacts listed above to receive information on the availability of the Products.
3.3 You will be informed in case of unavailability of the ordered Product. In this case you will be entitled to terminate the purchase contract. However, please note that before requesting the termination of the contract, the Seller reserves the right to implement these measures:
If a restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance of the user.
.
3.4 If a refund is requested for the amount paid for the purchase of Products which are subsequently found to be unavailable, the Seller shall make the refund within a maximum period of5 days.
3.5 If you exercise your right to terminate the contract, the contract will be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” below.
Art. 4 Prices
4.1 On this Site all prices are excluding VAT as not applicable.
4.2 Moreover, on the Site prices do not include the WEEE contribution as Products not subject to the relative discipline are sold.
4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (upwards or downwards) following the transmission of the same.
4.4 You are not responsible for the cost of shipping the Products, unless otherwise agreed.
4.5 The Seller will send the Products only after having received confirmation of the payment authorisation or the crediting of the Total Amount Due. Ownership of the Products will be transferred upon payment.
4.6 The purchase contract shall be terminated if you fail to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.
4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to inform the customer of the correct price even after the purchase order has been concluded. In this scenario, the customer has the option of accepting the new price or cancelling the purchase contract. The Seller may also cancel the Product purchase agreement in such cases. The Seller may also cancel the sale if there is an error in the availability of the Product.
Article 5 Methods of payment
5.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information. The Total Amount owed by you shall be paid to the Seller in accordance with the terms and conditions agreed with the Seller and/or in accordance with the contractual relationship between you and the Seller.
5.2 You may purchase via payment cards on the Site. The charge will be made only after (i) the data of Your payment card used for the payment have been verified and (ii) the issuer of the payment card used by You has issued the authorization to charge. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Site during the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
Visa.
MasterCard.
American Express.
Maestro.
5.3 On the Site it is not possible to pay by bank transfer.
5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.
5.5 It is possible to purchase via a discount code on the site. If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. In no case can the vouchers be converted into money.
5.6 Any alternative methods other than the above are or will be described in this article.
At the date of publication of these Conditions of Sale, the Seller does not use alternative payment instruments (e.g. cryptocurrencies or services such as PayPal).
Art. 6 Delivery of Products
6.1 The delivery of the Products is carried out in: worldwide The user may always contact the Seller for more information about the delivery of the Products; for example, to find out whether delivery is planned to countries other than those indicated on the Site.
6.2 The delivery obligation is fulfilled by the transfer to you of the material availability or control of the Product.
6.3 Delivery time of the Products from the sending of the order:2 days.
6.4 The term indicated in Article 6.3 is to be understood as indicative and not peremptory. It is up to the Purchaser to check the condition of the Product delivered. The Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or in any case altered, including the sealing materials, and you are invited, in your interest, to indicate on the carrier’s transport document, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
6.5 With reference to the possibility of requesting delivery of the Products at a “collection point”, the Seller informs you thatThe Site does not offer you the option of collecting the Product from a “pick-up point” other than the address you provided during the purchase process. You are nevertheless invited to access the Site regularly to check whether this delivery option is subsequently made available on the Site.
6.6 The user acknowledges that collecting the Product is his specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and to claim compensation for any damage suffered as a result of the failure to collect the Product.
Art. 7 Right of withdrawal
7.1 There is no right of withdrawal for the purchase of Products on the Site. In fact, the Purchaser is acting as a Professional, for whom the law does not provide a right of withdrawal.
Art. 8 Legal Warranty of Conformity
8.1 The Legal Guarantee of Conformity is governed by the provisions of Article 1490 of the Civil Code. Therefore, the Seller is obliged to guarantee that the thing sold is free from defects that make it unsuitable for the use for which it is intended or diminish its value appreciably.
8.2 No warranty shall be due if at the time of the contract the Purchaser knew of the defects in the item; likewise, no warranty shall be due if the defects were easily recognisable, unless, in this case, the Seller has declared that the item was free of defects.
8.3 If there are defects, the Buyer may, at its choice, demand rescission of the contract or reduction of the price, unless, for certain defects, custom excludes rescission. The choice is irrevocable when it is made with the court demand. If the delivered item has perished as a result of defects, the purchaser is entitled to rescission of the agreement; if, on the other hand, it has perished as a result of accident or fault on the part of the purchaser, or if the purchaser has sold or processed it, the purchaser may only demand a price reduction.
8.4 The Buyer forfeits the right to the guarantee if he does not report the defects to the Seller within eight days of their discovery, unless the parties or the law stipulate a different period. Notification shall not be required if the Seller has acknowledged the existence of the defect or concealed it. The action shall, in any case, be time-barred within one year after delivery; however, the Buyer, who is called upon to perform the contract, may always assert the guarantee, provided the defect in the item has been reported within eight days after discovery and before the expiry of one year after delivery.
8.5 The Seller shall not be liable in the event of damage, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the manufacturer’s instructions, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
Art. 9 Manufacturer’s Warranty
9.1 The Manufacturer’s Warranty is an additional warranty to the Legal Warranty of Conformity eventually provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not assisted by the Manufacturer’s Warranty. You may in any case assert your rights under the Legal Warranty of Conformity governed by the preceding article.
Art. 10 Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Site are governed by Italian law.
10.2 Any dispute relating to the application, execution and interpretation of this document shall be settled by the Court where the Seller has its registered office, pursuant to the provisions set forth in the Preamble.
Art. 11 Customer Service
11.1 It is possible to ask for information, send communications, request assistance or forward complaints by contacting the Seller at the addresses indicated in the Introduction, or by using the contact form eventually present on the Site.
11.2 The Seller shall respond in an approximate time of 2 business days days.
Art. 12 Miscellaneous
12.1 This document fully governs the relationship between you and the Seller. In any event, the rights and obligations provided for by the law applicable from time to time are not affected.
Service-Specific Terms: THE DAMNE HOUR
The following terms apply specifically to purchases of THE DAMNE HOUR service and supplement the General Terms and Conditions of Sale set out above. In the event of conflict between these service-specific terms and the General Terms and Conditions of Sale, these service-specific terms shall prevail with respect to THE DAMNE HOUR service.
Art. 1 Service description
1.1 THE DAMNE HOUR is a creative direction, consulting and design execution service offered by the Seller through the Website, sold in slots of 90 (ninety) minutes each (hereinafter referred to as “slots”). The specific scope and deliverables of each engagement are defined through a written scoping agreement (via email) between the Seller and the Purchaser prior to booking and payment. Each slot comprises 90 (ninety) minutes of focused creative work.
1.2 Work carried out under THE DAMNE HOUR may include, but is not limited to: brand strategy, creative direction, visual identity work (excluding logo design), template and collateral design, content system design, art direction, AI imagery and brand consulting.
1.3 Logo design is expressly excluded from THE DAMNE HOUR service and is only available as part of THE DAMNE BRAND service. The Seller may provide consulting and feedback on the Purchaser’s existing logo, but shall not undertake the creation of new logos or logo redesigns under this service.
Art. 2 Booking and payment
2.1 Full payment for the agreed number of slots is required prior to commencement of work. No work shall begin until payment has been received in full and the Purchaser has submitted the required intake form and/or any materials requested by the Seller. For the purposes of these terms, “commencement of work” refers to the point at which both conditions have been met.
2.2 Payment is non-refundable once work has commenced, in accordance with the provisions set out in Art. 5 below.
2.3 The price charged to the Purchaser shall be the per-slot rate indicated on the Website at the time the order is placed, in accordance with the General Terms and Conditions of Sale. The Seller reserves the right to change the per-slot rate at any time, without prior notice, it being understood that no account shall be taken of any subsequent price variations following the transmission of the order.
Art. 3 Scope and deliverables
3.1 Deliverables are strictly limited to what was agreed in the written scoping communication referred to in Art. 1.1. Any work requested beyond the agreed scope requires the purchase of additional slots at the applicable rate.
3.2 The Seller shall inform the Purchaser if the requested work is expected to exceed the booked slots before proceeding with any additional work. Additional slots shall not be charged without the prior agreement of the Purchaser.
Art. 4 Delivery
4.1 Deliverables are provided within 3 (three) to 10 (ten) business days of receipt of the completed intake form and all required materials from the Purchaser, unless a different timeline is agreed in writing between the Seller and the Purchaser. The term indicated is to be understood as indicative and not peremptory.
4.2 Delivery is asynchronous by default (via email or file transfer). Live sessions, where applicable, are scheduled by mutual agreement between the Seller and the Purchaser.
Art. 5 Revisions and cancellation
5.1 Revisions are not guaranteed and are subject to the time remaining within the booked slots after initial delivery. Any revisions, amendments or further work that exceed the booked slot time require the purchase of additional slots at the applicable rate.
5.2 If the Purchaser wishes to cancel a booked engagement before work has commenced, a full refund shall be issued. Once work has commenced, no refund shall be due.
5.3 If the Seller is unable to fulfil the engagement due to unforeseen circumstances, the Purchaser shall receive a full refund of any amounts paid.
5.4 If the Purchaser fails to provide requested materials, information or feedback within 7 (seven) business days of a written request by the Seller, the engagement shall be deemed complete and delivered. No refund shall be due for any remaining unused slots, and the Seller shall have no further obligation to deliver outstanding work.
5.5 With reference to B2C purchases: the Seller informs the Consumer that the right of withdrawal is excluded for services performed before the expiry of the period of 14 calendar days, with the Consumer’s express agreement to lose the right of withdrawal, in accordance with Art. 5.3 of the B2C General Terms and Conditions of Sale. By completing the purchase and expressly requesting commencement of the service, the Consumer acknowledges and agrees to the loss of the right of withdrawal upon commencement of work.
Art. 6 Right of reproduction and intellectual property
6.1 With the payment of the price, the Purchaser purchases the right to reproduce and use for commercial purposes, only the final deliverables as agreed in the written scoping communication referred to in Art. 1.1. The Purchaser is under no circumstances allowed to reproduce or use for commercial purposes any work-in-progress, preliminary materials or concepts shared during the engagement.
6.2 All materials, presentations, proposals and other content provided by the Seller during the course of the engagement are confidential and intended solely for the Purchaser’s internal use. The Purchaser agrees not to reproduce, distribute, sell or share any of these materials with third parties without the explicit written consent of the Seller. Any unauthorized use or disclosure of these materials will be considered a breach of this agreement and may result in legal action.
6.3 The Seller may retain and use any proposals, concepts and designs not chosen by the Purchaser for other jobs, leaving out any and all symbols recognisable as those of the Purchaser.
6.4 The Seller reserves the right to use and reproduce the final deliverables in their own online or printed portfolio, social networks, websites and any other possible method of reproduction, with the purpose of the promotion of their professional activities.
Art. 7 AI-generated images disclaimer
7.1 The Purchaser acknowledges that any images or graphics generated using AI tools may be subject to the terms and conditions of the respective AI platform, including limitations on intellectual property rights. AI-generated images may not be fully protected by traditional copyright laws, and the legal landscape in this area is still developing. The Seller assumes no responsibility for any similarities, copyright disputes or other legal issues that may arise from the use of AI-generated images. The Purchaser agrees to use such materials at their own risk and to hold the Seller harmless from any claims or disputes that may result.
7.2 The Purchaser agrees to indemnify, defend and hold harmless the Seller from any liability, claims, damages, costs or expenses (including legal fees) arising out of or in connection with any materials or content generated through artificial intelligence (AI), including but not limited to images, graphics or other digital assets, and any legal issues or claims that may arise from such AI-generated content. The Seller shall not be liable for any adverse results, business failures, operational issues or legal disputes related to AI-generated materials, as such outcomes are beyond the control of the Seller and cannot be attributed to the design or services provided.
Art. 8 Email support add-on
8.1 The Purchaser may purchase an optional email support add-on at the time of booking or upon delivery of the final deliverables. The email support add-on provides 7 (seven) calendar days of follow-up support via email, commencing the day after final delivery of the engagement deliverables.
8.2 The email support add-on is limited to follow-up questions, clarifications and implementation guidance related to the deliverables and original scope of the engagement. The email support add-on does not include new design work, additional deliverables, revisions to the delivered work, or creative direction on matters outside the original engagement scope. Any such requests shall require a separate booking.
8.3 The email support add-on is limited to a maximum of 10 (ten) email exchanges in total across the 7-day period. One email exchange is defined as one message from the Purchaser and one reply from the Seller. Unused exchanges do not carry over beyond the 7-day period.
8.4 The Seller shall respond to email support enquiries within 1 (one) business day. Weekends and public holidays are excluded from the 7-day count.
8.5 Payment for the email support add-on is non-refundable once the support period has commenced. If the Purchaser does not make use of the email support within the 7-day period, no refund or extension shall be due.
8.6 The Seller reserves the right to determine, at their sole discretion, whether a follow-up question falls within the scope of the email support add-on or constitutes new work requiring a separate booking. The Seller shall inform the Purchaser accordingly.
Art. 9 Right of refusal
9.1 The Seller reserves the right to decline any THE DAMNE HOUR engagement at their sole discretion, including but not limited to requests that fall outside the intended scope of the service or that the Seller determines would be better served by a different service offering.
9.2 In the event the Seller declines an engagement after payment has been received but before work has commenced, a full refund shall be issued to the Purchaser.
Art. 10 Relationship to other services
10.1 If, during the course of a THE DAMNE HOUR engagement, the Seller determines that the Purchaser’s needs would be better addressed by THE DAMNE BRAND or another service offered by the Seller, the Seller shall inform the Purchaser accordingly. Any transition to a different service shall be subject to separate terms and agreement.
10.2 Slots already purchased under THE DAMNE HOUR may be credited toward a THE DAMNE BRAND project at the Seller’s discretion.