TERMS AND CONDITIONS

Conditions for registration and use of the service

These terms and conditions of registration and use of the service govern the rights and duties of users who register / authenticate (hereinafter the "registered users") on the website www.enesya.com (hereinafter the "website"), managed by ENéSYA Srl Unipersonale, registered at the Register of Companies of Milan at REA MI - 2512479, CF 10186790969 with registered office in dei Platani 2 -20077 Melegnano (MI) (hereinafter the "manager"). By communicating your data to the manager and signing up to the site you accept these terms and conditions.

(1) Description of the service

1.1 The site is an online gallery, where artistic images (the "artistic material") uploaded by registered users are displayed, commented upon if foreseen and eventually sold.

1.2 Registered users are subject to the terms and conditions specified therein. Visitors who are not authenticated are required to follow the rules for visitors (click on the link for more information). The privacy of registered users and, for any data provided, for unregistered users is protected under the Privacy Policy (click on the link for more information). The printing and the purchase of the works is regulated by the Conditions of sale (click on the link for more information).

2) Services offered and role of the manager

2.1 The manager makes available to registered users, to free subscribers and paying subscribers:

(i) an exhibition platform for artistic material (unlimited entry) paid subscription, the negotiation of which is private, therefore any sale, purchase, contact, payment and care of the shipment of an original work takes place privately among registered users, without intermediation of the manager with the possibility to comment and interact with other users where foreseen (hereinafter "sell your original works" services);

(ii) the service for the sale of their artistic material (unlimited insertion) non-paid registration and the services of press coordination through third party suppliers, transaction management, payment, collection and shipment to the customer's home address (hereinafter " prints of your work ", and, collectively with the services of selling your original works, the" services offered ").

(iii) The service for the promotion of paid artistic material (hereinafter "works in evidence").

(iv) The service for creating and printing your photograph (hereinafter "Create your own print").

2.2 On the services of selling your original works and creating your print, see art. 3 that follows.

2.3 On the services of selling the prints of your work: in case of successful sale and without returns or complaints, the registered user will receive a profit, the registered user will determine the final sale price by applying a markup in the loading phase of the work. ENÉSYA retains a % of gross income. The gross profit is given by the difference between the net VAT sales price and the production cost (price list) and the accessory items such as transport costs and the sale of frames combined with printing are excluded in the calculation. The deduction is 20% which applies to gross income. If the registered user applies a discount (in the appropriate box) on the price initially decided by the markup, this discount will be public and the discount will be applied to the registered user's profit.

This deduction includes: cost of service, promotion and sale. An automatic system will automatically calculate your profit when loading the work. The gain of the registered user is given by the difference between the gross profit and the 20% held by ENÉSYA. The income will vary depending on the type of support offered; it is specified that the consideration for our performance of this phase is determined on the basis of the current price list, specified in the ordering procedure. We are entitled to change the price list for future orders at any time. The works created remain our property until full payment.

2.3.1 If the end customer after making the purchase returns the artistic material for any reason (eg if he exercises the right of withdrawal permitted by law), the author of the returned artistic material will not be entitled to the payment of any commission or corresponding.

2.4 The manager will be responsible only for the correct execution of the services offered; the registered user and the third parties remain respectively the only exclusive responsible for disputes attributable to their actions or intentional or negligent omissions.

2.5 The consideration due by the manager will be transferred to the author by the last day on the third month following the date of purchase. This transfer will be free of charge on the Paypal account of the registered user or with a transaction cost of € 3 by bank transfer. In the absence of indications from the registered user of a valid Paypal or IBAN account to complete the transaction, the manager will not guarantee compliance with the timing above to complete the transfer of the consideration. The fee see point 2.3

Enesya.com reserves the right to extend the payment of earnings to the next quarter at its discretion until the amount of 20 euros is reached.

It is the user's responsibility to keep their contact details up-to-date.

(3) Registration and use

3.1 In order to become a registered user, the user must be an adult and capable of understanding and wanting, accept these conditions and must provide truthful and accurate personal information about his identity. In case of breaches of the foregoing, the operator reserves the right to suspend or cancel the related accounts and not to proceed with any payments in favour of these registered users.

3.2 By activating their profile, the registered user can upload their own artistic material to be offered on display, rented or on sale to the public - services to sell your original wor

of servicesks; for this type of sale, the manager will not act as an intermediary; in addition, you may purchase printouts, leave comments and perform any other actions permitted by the site where provided and permitted.

3.2.1 The registered user can upload his own artistic material to be offered on display and on sale to the public - services to sell the prints of your work; moreover, you can buy prints, leave comments and perform all the other actions allowed by the site. The registered user, for this type of service that intends to sell their work, before being able to market their work to ensure potential customers the quality of the product (such as colours, image quality provided by the user) will be able to buy during loading a trial copy (10x10 trial format with a small charge of 3.99 euros over VAT (separate transport costs) or if you wish you can ask for a larger format) and wait to receive it within a few days and confirm the publication on the site in the appropriate section. Subsequently, the user will always be able to buy his own works inserted at the production cost indicated in this phase (transport costs and frames separately). (A text watermark will be included on the test copy; the test print is done on photographic paper or similar).

If you decide to buy the 10x10 test copy of the work for which you want to market the print, ENÉSYA will reimburse for the first time the cost of 3.99 when you SELL THE FIRST COPY ON LINE.

For payment processing times, see point 2.5. In the process of purchasing the test print, the registered user can choose to buy instead of the "test" print, the real format, in this case the price incurred the first time will not be returned.

We underline that for this part of the contract the right of withdrawal EX ART is excluded. 59 LETT. C D.Lgs. 6 August 2015 (COD CONSENT) as the purchase of a print called "test" is carried out individually according to the user's instructions and are tailored to the personal needs of the same.

For the products of the same order that are not listed in the shipping documents, no sales contract is concluded. Shipping costs are expected for delivery. The amount of shipping costs is communicated at the time of order. If duties, taxes or fees are due for shipping to countries outside the EU, these will be processed Ex Works.

3.3 Available copies of printed works: The registered user may indicate a maximum number of printable copies of the artistic material, these will not be numbered or certified. The buyer who inserts a limited quantity print in the shopping cart, without concluding the purchase half payment, for a short period, will remain the first potential buyer. Once the purchase is over, the press will be available again.

3.4 the registered user, whether he is an artist or not, will be able to upload his own photograph and then order a print. For this part of the contract the right of withdrawal EX ART is excluded. 59 LETT. C D.Lgs. 6 August 2015 (COD CONSENT) as the purchase of a print called "create your own print" is carried out individually according to the user's instructions and are tailor-made according to personal needs of the same.

In carrying out its activities, the registered user will be required to:

(i) participate in compliance with the rules of honesty, transparency, clarity in commercial transactions, constructive use, respect for one's own and others' opinions, dignity, rights and legitimate expectations;

(ii) do not create more than one account or, if your account has been previously suspended or cancelled, do not register additional accounts;

(iii) not violate any third-party rights, including, but not limited to, not insulting or defaming, not intimidating or threatening, not using industrial property of third parties without their consent, not infringing the copyright of third parties;

(iv) not upload material that may offend the sensitivities of third parties, including, but not limited to, pornographic, discriminatory, incitement to violence or even advertising or praising alcoholic drugs or other drugs or services subject to state authorization;

(v) not to upload or use any information, products, codes, viruses, spam, material or other that is prejudicial to the operator and do not use robots, spiders, scraper collection bots or other automated tools;

(vi) not to publish one's own or another's identity documents or one's own or others sensitive data on one's profile (ie all personal data suitable to reveal racial and ethnic origin, religious, philosophical or other beliefs, political opinions, the adhesion to parties, unions, associations or organizations of a religious, philosophical, political or trade union nature, as well as personal data suitable for revealing the state of health and sexual life);

(vii) do not violate any applicable law or regulation or regulation.

3.4 The registered user is responsible for maintaining the confidentiality of access data to his account and will not be able to distribute this information or allow others to use it to access the site. The user undertakes to take reasonable security measures to prevent others from obtaining access information, to report to the operator any unauthorized access and to relieve the operator of any damage caused by incorrect management of access credentials.

(4) Prohibition of registration

Entries are reserved for emerging artists, non-professional physical persons and those who intend to create and print their own photography even if they are not artists. The registration of professionals and companies for sale, for commercial purposes, is allowed only in case of specific agreement with the manager.

(5) Artistic material and other material uploaded to the site

5.1 The registered user is free not to upload any material on the site. The artistic material uploaded is and will remain property of the registered user.

5.2 To allow the operator to offer the public, other users and visitors and the registered user the services of the site, by uploading the artistic material on the site, the registered user grants the operator a non-exclusive right without time and space limitations to present it to the public, disseminate it, promote it, advertise it, use it on the website, promote its sale and sell it in the name and on behalf of the registered user, also through third-party partners, transfer some copies for free or at a reduced price for promotional purposes, duplicate it, store it, print it, collect its price in compliance with what is illustrated in these conditions, handle any dispute related to it, with the ability to make changes and alterations (for example, compressions of size and quality, size and other changes useful for presentation on the site and to the press of the artistic material), in the manner and in the time considered appropriate by the manager and at his own unquestionable and discretionary judgment.

The registered user recognizes that the fee for the above-mentioned rights is to be included in the advertising that the registered user obtains by exposing his artistic material on the site and not, and possibly, in the amount paid by the final customers in case of purchases of his works. In all other cases the above rights are transferred free of charge.

5.3 When uploading the artistic material, the registered user guarantees, relieving the manager of any related third-party claim, that the artistic material:

(i) is the result of his exclusive work or that in any case he has obtained all the necessary rights from the other authors of the work;

(ii) does not reproduce or exploit the image of persons without their authorization;

(iii) does not represent or reproduce images that could impact the sensibility of others (eg pornographic and child pornographic photos, photos of children in sexually equivocal attitudes, photos of people in expressions for which they are not willing to authorize publication, photos excessively raw, etc.);

(iv) does not reproduce or exploit the registered trademarks or intellectual property of third parties; in general

(v) does not in any way affect the rights of third parties or the laws, regulations and in general all applicable legislation. The registered user agrees to provide a written and signed release in his own right under the simple request of the manager.

5.4 The operator asks registered users and visitors to comply with certain conditions of use but does not guarantee registered users from improper use or actions, omissions, requests, claims and related consequences that other registered users, visitors or third parties may want to commit. Therefore, the manager will not be responsible for the active, omissive, negligent or negligent behaviour of the other registered users, visitors, buyers and third parties in general.

5.5 Anyone who has the power to request the removal of artistic material or comments or, within reasonable limits, of other material for alleged violation of their rights, by sending a notice to the Manager at its registered office explaining the facts and attaching appropriate evidence.

In the case of copyright infringement, it is also possible to use the template and the related procedure illustrated in the Rules for Visitors section. The registered user authorizes in advance the manager to suspend or cancel his account or to suspend or cancel the publication of artistic material or other material disputed by third parties.

This right may be exercised by the manager at his own absolute and unquestionable decision and independently of the merits of the claims of the third party. If the third party's claims prove to be unfounded, then the manager will reactivate the suspended or cancelled account or reinstate the deleted material and, in the case of paid accounts, will return the price paid for that account proportionally to the suspension / cancellation days spent (excluded any other remedy or compensation). If a registered user considers the request of the third party to be abusive, he / she is invited to appeal to the competent judicial offices so that they can give their response and indicate to the Operator the most appropriate action in the case in question.

(6) Conditions of use of the service

6.1 In addition to and not in substitution of the foregoing or following, by using the site or another of our services the user accepts the following conditions:

6.1.1 The images available on the site for sale can be kept on servers owned by the manager; the manager could instruct third party providers to supply the servers, inside or outside the European Union and in this case the operator will not be liable for damages deriving from service providers. Payment services are not managed by the operator, who will not be responsible for problems arising from the activities of such third parties; the operator will not be in any case responsible for damages due to unforeseeable circumstances, force majeure or acts of the third party (eg hacker activity).

6.1.2 Changes to the artistic material, such as the possible addition of a watermark or other anti-counterfeiting tool, could be obtained through automated processes. Accordingly, the registered user is informed that such changes may take place automatically during the upload.

6.1.3 The operator reserves the right but does not undertake the obligation to revise the artistic material before, during and after its upload in order to identify violations of these conditions, the right of third parties or the law. The manager also reserves the unquestionable and discretionary right to remove the published artistic material in the event of his own unquestionable and discretionary opinion that the artistic material may violate these conditions, rights of third parties or the law.

6.1.4 Uploading artistic material that infringes the rights of third parties constitutes a direct and material violation of these conditions and may lead, at the sole discretion and discretion of the manager, to the suspension and / or closure of the registered user's account.

6.1.5 The operator has no rights or ability to control the activity of registered users and site visitors. In the event that a registered user or a site visitor infringes the rights of another registered user, a visitor or in general of third parties or the law, he will be solely responsible for such violations.

6.1.6 The manager is not obliged to warn the author nor to give him the motivation for the possible removal of his images.

6.1.7 Buyers of artistic material sold by the operator will remain anonymous for the registered user. In this case, the registered user consents to not make any contact with the buyers of his images, except in the case of injury of his rights not excluded or limited under these conditions.

6.1.8 Registered users may at any time request the removal of their images uploaded on the site. Once the request is made, the files are removed from the public pages of the site within 72 hours. The manager is authorized to keep the images in a private file for a period of six months, in order to handle any complaints from previous buyers or to allow the registered user to reactivate the files. After this time interval, the manager will delete all files.

6.1.9 The user grants the operator the right to continue using his images, even after having withdrawn them from the website, in the event that the operator has used these images for promotional materials (for example, flyers or online advertising) or all images accompanying some pages of the website (for example the welcome image in the Home Page, background images of the articles in the section "Our guides" or presentation images in the various sections of the Gallery), limited to the images already implemented.

(6) Jurisdiction

6.1 These conditions are governed by the Italian law.

6.2 Without prejudice to the cases of the law in which the jurisdiction is not conventionally derogated between the parties, the Court of Milan, Italy, will be exclusively and definitively competent for any contractual or extra-contractual dispute involving the manager directly or indirectly related to this site and its contents.

GDPR

(1) During the use of the services on the site www.enesya.com (hereinafter the "site"), Enésya may collect some data regarding its visitors and its users, which will be collected for the following purposes and according to the following rules. The provision of your data is optional and, even if provided, you can always request the integration, rectification, cancellation and reduction in an anonymous form, but in the absence of them Enésya may not be able to provide the requested services.

(2) The data controller will be Enésya Srl unipersonale, registered with the Milan Register of Companies at REA MI - 2512479 CF 10186790969 (hereinafter the "manager"), in person of its legal representative pro tempore.

(3) In the case of non-registered site visitors / users, the manager may receive information such as those implicit in the use of internet communication protocols for the use of the site. These data are not collected to be associated with identified subjects but, by their very nature, could, through processing and links with information held by third parties, allow users to be identified. In case of registered users or of purchase of goods by unregistered users, during registration and / or later (or in case of purchase) personal data such as name, surname, billing address, delivery address of any goods purchased, indications about the account on which you wish to receive any payments and other information freely provided by users.

(4) Not prejudice to other rights guaranteed by law, we inform you and remember that it will always be possible to obtain confirmation of the existence or not of personal data, an indication of their origin, purpose and methods of processing, as well as requesting their updating, rectification, transformation into anonymous form, and to object (in whole or in part) for legitimate reasons to the related processing.

(5) The manager will process the data received for the following purposes:

  • provide the requested services;
  • implement any contracts concluded with the manager and its partners; / li>
  • carry out market analysis and statistics;
  • provide its users with a site experience, services, offers and information of a personalized nature, record the history of user actions and perform other profiling operations necessary to provide the service;
  • to carry out propaganda and advertising services, except for the right to opt out at any time;
  • record the history of user actions;
  • allow the operator to enforce the terms and conditions of use of the site and the services offered;
  • provide information requested by public authorities and for compliance with the law.

(6) The data provided may be consulted by the manager, by any other companies in its group and by its commercial partners (including owners of servers, owners of payment circuits, shippers, etc.), both inside and outside the European Union ("EU") or the European Economic Area ("EEA"), in compliance with the aforementioned purposes. If your personal data is transferred outside the EU / EEA, a reasonable level of data protection will in any case be ensured.

(7) General Data Protection Regulation - https://www.eugdpr.org

 

Publication Director: Marco Antonacci

Registered Address: 
Enésya Srl a socio unico

Via Gramsci 17b

Melegnano 20077, Milano

Registro delle imprese di Milano al REA MI – 2512479 p.iva 10186790969

 

Name and address of the hosting service : 
SiteGround Spain S.L.  
Calle de Prim 19, 28004 
Madrid, Spagna  
 

Data Security

The data is hosted by the following hosts:

SiteGround Spain S.L.  

All communication between your browser and our servers uses the HTTPS protocol that encrypts data before it travels on the network. In addition, passwords are not stored in plaintext in our database but are encrypted using the latest password security technologies. Finally, communications between our various servers take place on a private network that is not accessible from the outside.

Advertising

Enésya does not offer advertising related to the profile but only in the context of the pages consulted: the promotion zones display sponsored works, they appear on the homepage or inside the site and can show for example works of type "sculpture" if you visit the sculpture page, or painting, if you visit the painting page.

When we do not have any advertising to display, we may eventually use outside providers, such as Google Ad Exchange, which advertises generally based on your profile. You can view Google's GDPR compliance details on the following page:

https://privacy.google.com/intl/it_ALL/businesses/compliance/#?modal_active=none

Finally, some advertising customers use external advertising management platforms at Enésya. In this case, we do not program a banner, but a "tag", ie an HTML code, which dynamically calls the customer's advertisements. In this case, the client has access to basic connection data (IP address for example), but NEVER to the data of Enésya members. The advertiser may also have access to information about you regardless of Enésya (for example if you have data related to Google, Facebook, or retargeting sites and there is an agreement between these companies and the advertiser, it may have access to some common data shared by Google, Facebook etc ... To oppose it, you need to manage the access rights with these platforms.

Other third parties

Other third parties may also intervene on the platform as follows:

  • Share buttons (Facebook, Twitter, instagram etc ...) on most pages, which, when you are connected to these platforms and surf Enésya, will store personal information according to their own rules.
  •  
  • Google Analytics, to better know our audience, the information is however anonymous (IP anonymized).
  • As with most online communities, our moderators have restricted access to member data, such as the email address of the account, the date and time of the last IP address site connections, the history of moderated content, or deleted and moderation history. Moderators do not have access to private messaging.

Member Profile

The member form contains the information that you have filled in at registration / editing including the following information:

  • Email address
  • User name and surname and password
  • ZIP code / city / country / address / shipping address / biography / phone / mobile
  • All other fields in the profile are optional and can be accessed directly on the member profile when editing it.

Other items may also be related to your member profile:

  • All the contents that you have created with the profile, (works, blogs, articles, announcements etc ...), the contributions (comments, collections of favorites, messages on the forums etc ...). Most related content is also directly visible on your profile
  • Your votes on the contents (polls in the forums, + 1 / -1 on the messages of forums or the opinions users)
  • Des données facilitant votre utilisation du site (inscription newsletter, mailing-forums, notifications, derniers messages lus dans les forums, etc.)
  • Data facilitating your use of the site (newsletter subscription, mailing-forums, notifications, last messages read in the forums, etc.)
  • Your contacts with our hotline (message exchanges with the support)
  • Your "confidence rate" which is a vote of other members when you make transactions, or you receive a testimonial on your guestbook In addition, we keep data for consulting e-mails sent by our platform (newsletter and other e-mails). The goal is primarily statistical (know the opening rate of a newsletter for example), however for data integrity reasons, we keep the raw data, ie who opened what e-mail at what time, and what links were clicked.
  • In order to maintain harmony within the community, Enésya's team including moderators have access to moderation tools to identify banned members who would try to return, especially the last use of each IP and cookie, as well as a moderation history.

DPO Contact (“Digital Protection Officer”)

You can contact us about privacy at staff@enesya.com

SALE CONDITIONS

(1) Object

1.1 These conditions of sale govern the manner in which the work, carried out under its own responsibility by the authors and selected by the site www.enesya.com (hereafter the "work" and the "site"), is sold to the user who places an order and to which these terms of sale apply (hereinafter the "buyer").

1.2 "Transfer" means the supply by the company Enésya Srl unipersonale, registered with the Milan Register of Companies, CF 10186790969, with registered office in via dei Platani 2 - 20077 Melegnano and owner of the Enésya brand (hereafter " manager "), of the work printed on a medium selected by the purchaser and sent to the address indicated by the selected shipping service (times and costs may vary depending on the choice of shipping service).

1.3 The works on the site may be owned by the manager or registered users. In the latter case, the manager will act as an intermediary in the sale between the buyer and the registered user.

(2) Conclusion of the sale

2.1 The choice of the work and the completion of the form on the site will constitute a purchase proposal from the purchaser to the manager.

2.2 The sale will be perfected when the manager confirms acceptance at the email address provided by the buyer. The manager reserves the unquestionable right not to confirm the order, including in case of failure or incorrect completion of the fields of the data form, suspicious transactions, sale outside the States or in the territories served by the manager or in case of unforeseen technical nature of the service or supply.

2.3 In case of failure to confirm the order, if the buyer has anticipated a part or the whole price, this payment will be returned to him as soon as possible given the necessary technical and processing times.

2.4 The buyer therefore authorizes the operator to keep in his archives the data relating to the chosen means of payment for the time strictly necessary to complete the sale and start the terms of return of the goods. The data will be processed in accordance with the privacy conditions accepted by the Customer during registration (if registered user) or at the time of purchase (if the user is not registered).

2.5 In the unlikely event of unavailability of the means of production necessary for the order, we will inform the customer immediately, indicating, if possible, an approximate delivery time.

2.6 Enesya.com reserves the right to cancel any order for a digital artwork contracted through the Site and its Services. If Enesya.com determines, in its sole discretion, that the item is judged badly, out of stock, discontinued or unavailable. If Enesya.com cancels an order placed through the site and services Enesya.com will send an email confirming the cancellation and will not be charged anything.

2.7 The User acknowledges and accepts that Enesya.com makes commercially reasonable efforts to display the colours of the original graphics, digital works and printed works, with the greatest possible accuracy on the Site and the Services. However, due to the differences in hardware, computer monitors can display colours very differently. Enesya.com is not responsible for the accuracy of colour original artwork, digital artwork, and disclaims any responsibility in this regard. In addition to presenting advertisements for original artwork and digital artwork, Enesya.com may at its discretion, designate areas of the site where members can post, upload, post or post text, graphics, audio, images videos of works of art or other content on the site (individually or collectively).

2.8 Available copies of printed works: The registered user may indicate a maximum number of printable copies of the artistic material, these will not be numbered or certified. The buyer who inserts a limited quantity print in the shopping cart, without concluding the purchase half payment, for a short period, will remain the first potential buyer. Once the purchase is over, the press will be available again.

2.9 Prices shown are not inclusive of VAT.

(3) Production and shipping

3.1 Each work is printed specifically for the buyer, in the qualities and measures chosen by him and sent as soon as possible considering the production and shipping time or, if he has been given the choice, within the delivery time specified by the buyer at the time of purchase. The manager tends not to keep works in stock.

3.2 The work will be sent to the address indicated by the buyer or to another destination (where possible); the buyer undertakes to receive the work or to instruct any third parties who receive it in his / her place (in the case of international shipments: DDP term of domicile indicated, insurance not stipulated, Incoterms 2010). The shipment does not take place with fixed or agreed timetables and will tend to happen during the working hours. Therefore, the buyer undertakes to make himself available during normal working hours.

3.3 In the event that the delivery is not successful due to the absence or unavailability of the purchaser experienced the various attempts, the manager will put the work at the disposal of the purchaser at his registered office and the buyer will be bound to pick it up personally or send a third party of his own trust, at his own expense (in addition to the amount already paid for shipping at the time of purchase), with times and methods to be agreed from time to time with the manager. In case of failure to collect by the buyer within 30 days from the last delivery attempt, the manager may, at his own unquestionable judgment, decide to retain the work by charging it to cover the costs of storage and disposal, except for the any further damage.

For the products of the same order that are not listed in the shipping documents, no sales contract is concluded. Shipping costs are expected for delivery. The amount of shipping costs is communicated at the time of order. If duties, taxes or fees are due for shipping to countries outside the EU, these will be processed Ex Works.

(4) Countries in which we ship

Enésya does not ship anywhere, but only to specific cities and countries that will be listed at the time of purchase, so sales elsewhere will be cancelled.

Austria

Grecia

Portogallo

Belgio

Irlanda

Repubblica Ceca

Croazia

Italia

Slovacchia

Danimarca

Lettonia

Slovenia 

Estonia 

Lituania 

Spagna

Finlandia

Lussemburgo

Svezia 

Francia

Paesi Bassi

Ungheria

Gran Bretagna

Polonia 

  

4.1 If a user forces the system, the amount paid will be refunded and the sale will be rejected.

(5) Return of the work (Right of withdrawal)

5.1 In the majority of cases, the product will be tailor-made according to the buyer's instructions in terms of choice of image, material and print size, therefore pursuant to art. 59 lett. c) Consumer Code (Legislative Decree 06.09.2005 n ° 206) the right of withdrawal will not apply. See also section 3.4 of terms and conditions.

5.2 In cases where the product sold will not be tailor-made, the buyer who can qualify as a "consumer" under Italian law (as identified by Legislative Decree 206/05) will have the following rights:

5.2.1 Pursuant to and by effect of art. 52 and ss. of Legislative Decree 206/05 (so-called Consumer Code) will be the power of the buyer-consumer to return the work without any penalty and without the need to specify the reason within a period of 14 (fourteen) days from the date of receipt of the 'work, by sending an email to staff@enesya.com. Qui the form in PDF format is available to exercise the right of withdrawal. Please print it, fill it in and send it. The term runs from the moment of receipt of the goods but not before the receipt of the goods by the recipient (in case of recurrent delivery of goods of the same type, not before the receipt of the first partial delivery).

5.2.2 The manager reserves the right not to process requests for withdrawal that will not allow the identity of the withdrawing party to be ascertained, which are not in line with the law and which do not respect the rights of the operator; therefore, the right of withdrawal pursuant to art. 5.2 is subject to the following conditions:

5.2.2.1 the right of withdrawal must be exercised within the terms established by law and referred to above;

5.2.2.2 to give certainty on the applicant and on the will to withdraw, the will to withdraw must be accompanied by a photocopy of a valid document of recognition of the Customer, or through PEC signed with digital signature;

5.2.2.3 the Customer can send the work object of the request of withdrawal to the manager within 14 days from the sending of the request and not before having received confirmation from the manager of the possibility to exercise the right of withdrawal for the purchased work;

5.2.2.4 to safeguard the work, it must be returned without damage and packed in the original wrapping or in another package of equal or higher quality that allows its safe storage and transport; the work must be sent to the manager's registered office or to another address, if any, communicated by the manager;

5.2.2.5 the costs for shipping the work to the manager must be borne by the purchaser.

5.2.3 If all the above conditions are met, the manager will re-credit the sums already paid within and no later than 30 (thirty) days from the date of receipt of the returned work.

5.2.4 If the conditions have not been respected and the purchaser has not yet returned the work, the buyer will have the burden of respecting the conditions within the terms established by the law and referred to above, after which the right of withdrawal it will not operate. If the conditions have not been respected, but the buyer has already returned the work, it will be the responsibility of the purchaser to arrange for the collection of the work at the warehouse of the manager. In case of failure to collect within 15 (fifteen) days of return, the buyer authorizes the manager to freely dispose of the work, giving up any right on it and any refund and the manager will consider it as a penalty to cover of storage and disposal costs, without prejudice to any further damage.

(6) Warranty for manufacturing defects and limitation of liability

6.1 The manager guarantees to the purchaser that the work delivered will correspond in the substantial aspects to the image as displayed on his terminal. The buyer acknowledges that, in relation to the selected physical media, the display on his home terminal may not exactly correspond to the printed result and accepts that any discrepancy is excluded from the warranty.

6.2 Defects relating to the image chosen by the Customer and visible on the terminal (for example, spots on the image, out-of-focus subjects or cut elements) and defects, minor damage or deformity of the print (for example, will not be considered as covered by warranty) marginal smears or not perfect finishes) or other aspects of the work that do not impact on the substance of the same.

6.3 The manager will only be responsible for printing and shipping the selected work. Any complaint concerning the content and object of the work must be exclusively addressed to the author (or, where appropriate, to the authors) of the work. The buyer undertakes not to involve the manager in proceedings relating to the responsibility of the author.

6.4 The Customer must communicate any defects or damage related to the work received within a period of 4 (four) days from the date of receipt, by sending an email to staff@enesya.com containing a description of the defects found and the photos attached with the evidence of the same.

6.5 In case of damage attributable to the transport of the product (for example in the case of damaged joint packaging), the warranty will operate only in the event that the customer has accepted the package from the courier indicating "Yes accept with reserve - (problem description detected) ".

6.6 The work must be sent to the manager's registered office or to another address, if any, communicated by the manager; the Customer can send the work within 14 days from the sending of the report and not before having received confirmation from the operator of the validity of the warranty for the purchased work.

6.7 If the conditions have not been respected and the buyer has not yet returned the work, the buyer will have the burden of respecting the conditions within the terms established by law and recalled above, after which the guarantee will no longer be valid. If the conditions have not been respected, but the buyer has already returned the work, it will be the responsibility of the purchaser to arrange for the collection of the work at the warehouse of the manager. In case of failure to collect within 15 (fifteen) days of return, the buyer authorizes the manager to freely dispose of the work, giving up any right on it and any refund and the manager will consider it as a penalty to cover of storage and disposal costs, without prejudice to any further damage.

(7) Privacy

The data provided by the buyer will be treated in accordance with the Privacy Policy, as applicable.

(8) Jurisdiction

8.1 These conditions are governed by Italian law

8.2 Without prejudice to the cases of law where the jurisdiction is not conventionally derogable from the parties, the Court of Milan, Italy, will be exclusively and definitively competent for any contractual or extra-contractual dispute involving the manager directly or indirectly related to this site and its contents.

RULES FOR VISITORS

Dear visitor, we inform you that access to and / or use of the site or any material contained in it on www.enesya.com (hereinafter the "site") is subject to compliance with these conditions.

(1) Who are we and what do we do?

The site is an online gallery displaying works uploaded by users (the artistic material ") with the possibility of printing on physical media, managed by the company Enésya Srl Unipersonale registered at the register of companies in Milan at REA MI - 2512479 CF 10186790969 (of followed by "Enésya").

(2) Can I copy or use the artistic material?

Enésya allows non-authenticated customers (the "visitors") to search and view the artistic works. You are therefore free to consult the artistic material, but if you save a copy, print it or make other unauthorized use, you will be infringing the copyright and property of the authors and Enésya. It is considered an unauthorized use any use other than the search and display of images; some examples of unauthorized use are the copying, archiving, modification, alteration, addition of elements, aggregation to other works, dissemination, sale and license to third parties.

In legal terms all images, texts and in general the material on the site are owned, on a case by case basis, by Enésya and the authors and all images are protected by copyright laws. Warning: unauthorized use could result in a risk of civil and criminal penalties!

(3) Can I quote and comment on artistic material on blogs and social networks?

Except as stated above, you have the right to copy and paste the Enésya link on blogs and social networks, provided it is always well highlighted that the material comes from the site www.enesya.com.

You are also always free to exercise your right to criticize artistic material, provided that this is not explicit in words and behaviour harmful to the rights and dignity of the authors, Enésya, any third parties or are in violation of legal obligations.

(4) How do sales of artistic material take place?

Enésya allows the purchase of artistic material, which will be printed on the support specially selected by the buyer and delivered to the address indicated.

Sales through the site are reserved to physical and non-physical consumers.

Sales to professionals and companies (and the issue of an invoice) and sale for commercial purposes are permitted only in the case of a specific agreement with Enésya.

Therefore, Enésya reserves the right to limit the number of works that can be purchased by each individual user.

Each sale is subject to our terms of sale, to be approved specifically at the time of purchase. Any sales transactions will be physically carried out by Enésya which will act as an intermediary.

The substantial sales relationship will be between the registered user and the purchaser, and the buyer can directly contact the registered user for any problem related to the product purchased, except for the problems ascribable to services physically carried out by Enésya.

In order to facilitate exchange transactions, Enésya may decide to charge the entire purchaser and then transfer the consideration due to him to the seller.

(5) Has an author violated your copyright / copyright?

Enésya requires authors to self-certify that they are the sole owners of the rights on published artistic material.

If browsing the site you noticed that your copyright has been violated by some author in the publication of artistic material, we have created a very simple communication model to use for this type of reports, to be sent to the email address hello@enesya.com requires the authors to self-certify that they are the sole owners of the rights on the published artistic material.

If browsing the site you noticed that your copyright has been violated by some author in the publication of artistic material, we have created a very simple communication model to use for this type of reports, to be sent to the email address staff@enesya.com with "Report abuse" object.

Warning! Reports in a different form may not be handled at the same speed.

"Dear Enésya Srl unipersonale,

on [x] I noticed that on your website, at [x], the author named [x] published a work entitled [x]. This work has been exposed in violation of my rights as [x].

Moreover .................... (free exposition of the facts) ....................... ............................................

At your request or by the author, I can provide as proof of my rights and of what I have indicated the following documents: (1) [x], (2) [x], ....

What I have indicated is a complete and accurate representation of the factual and legal status of the mentioned work, and I am aware of the civil and criminal responsibilities that would result from my false or inaccurate declaration.

I ask you hereby to contact the author and, even by sending him this communication and the information I have or will have communicated to you, to ask him to remove the work.

If the author refuses to remove the work, I ask you to evaluate the forced removal of the same, relieving you, in case of removal, for any damage or expense received that should have cause, directly or indirectly, from my request.

If within 20 days of receipt of this I have not given evidence of an action undertaken by me to protect my rights, I authorize you from now to restore the work online.

I also authorize you to retain my personal data and this communication until the definition of this issue or the expiry of the limitation periods applicable to the dispute.

I enclose a photocopy of my identification document.

Faithfully,

[PLACE], [DATE]

SIGNATURE AS FROM DOCUMENT: _____________________________________

NAME AND SURNAME IN BLOCK/CAPITAL LETTERS________________________________ "

You are free to use a communication different from our model, but the same must be sent by ordinary mail or registered to our registered office, and must contain the essential elements of our model, must uniquely identify you and must ensure that, if there you will ask to do something, you will assume the relative responsibility. In the absence of these elements, we will not be entitled to process your request.

(6) Privacy

To know your privacy rights, consult the appropriate section of the site.

(7) Intellectual Property

Enésya Srl is the sole owner of the Enésya brand and the brands, logos and images on the site. Any unauthorized use of our intellectual property is prohibited. If you wish to reproduce our logos, contact us explaining why and how you want to use them. We will carefully evaluate your request.

(8) No guarantee

Enésya provides the site and the images as provided by the authors and is not offered any warranty, explicit or implicit, regarding any image, site, accuracy of information or any other right or license included in this agreement including, without limitation, no implied warranty of merchantability or convenience for a particular purpose, or breaches, or that the site and any service will be uninterrupted or error free. Except for the responsibilities mandatorily required by law, neither Enésya nor its affiliates or members may be liable to you or any third party that may claim for direct, indirect, incidental, special or consequential damages resulting from the use of the images.

(9) Updating the rules

To improve the service from time to time we may change all or some of the rules and conditions present here. The use of this site automatically includes acceptance of these rules, as may be amended, replaced or updated.

(10) Jurisdiction

10.1 These conditions are governed by Italian law.

10.2 Except in the cases of the law where the jurisdiction is not conventionally derogated between the parties, the Court of Milan, Italy, will be exclusively and definitively competent for any contractual or extra-contractual dispute involving the manager directly or indirectly connected to this site and its contents.