Effective date: April 30, 2025.
Madama Luna (referred to herein as the “Seller”, “us”, “we”, or “our”) is the trade name and artistic pseudonym of Luna Scortegagna (the “Artist”), who operates the website madamaluna.com (the “Website”).
The Website exhibits and/or offers for sale paintings, sculptures, prints, photographs, and other artistic creations realized by the Artist (the “Artwork”).
Any available Artwork may be purchased through the Website by individuals or legal entities (referred to as the “Buyer”, “you”, or “your”).
The stated cost of any Artwork (the “Price”) listed on the Website does not include shipping, taxes, and other applicable charges, which will be calculated separately.
By accessing and using the Website and/or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree to all of these Terms, you are expressly prohibited from using the Website and you must discontinue all use immediately.
By using the Website, you also represent and warrant that you are at least the age of majority in your state or province of residence.
1. PRODUCTS
Each Artwork is either a unique piece of art realized by the Artist with the finest materials and attention to detail, combining artisanal and/or digital techniques, or a rare reproduction manufactured in a specific limited number under the Artist’s supervision.
Due to the handmade nature of the Artwork, any slight irregularities or variations shall be considered part of its unique character, enhancing its value and serving as a testament to the human creative process.
We make every reasonable effort to display each Artwork on the Website as accurately as possible, including colors and details. However, variations may occur due to the inherent nature of the Artwork and differences in user monitor displays. The actual colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate.
2. PRICING
The Price of the Artwork is determined by several factors, including the uniqueness or limited edition of the piece, its size and complexity, the rarity and preciousness of the materials used and the time involved in its creation.
All Prices are listed in Euros (€) unless otherwise specified.
Prices are subject to change without notice. However, any such changes will not affect orders that have already been placed.
We reserve the right to modify or discontinue any Artwork at any time without prior notice.
The descriptions and specifications of any Artwork are provided for informational purposes only and are also subject to change.
Applicable sales tax or VAT will be added to the Price where required by law.
3. PURCHASE
By placing an order or or submitting a commission request, you are offering to purchase the Artwork under these Terms.
All orders and inquiries are subject to acceptance by us. We reserve the right to refuse or cancel any order or commission for any reason, including but not limited to Artwork availability, errors in pricing or product information, or suspicion of fraudulent activity.
When placing an order request, you shall complete the designated form on the Website with your personal information, such as name, country, city, address, postal code, and email, and shall specify the Artwork of interest.
When placing a commission request, you shall complete the designated form on the Website with your personal information, such as name, country, and email, and shall indicate your ideas and/or suggestions for the custom Artwork.
If your purchase is accepted, you will receive a tailored quotation via email based on your location and needs, along with all the details on the available payment methods. For order requests, payment shall be submitted in full upon acceptance of the quotation. For commission requests, payment shall be submitted in two installments: the first installment prior to the commencement of the work, and the second installment upon completion of the work and prior to shipment. Upon receipt of full payment or the first installment, you will receive an order confirmation via email.
Shipping details will be sent to you once the carrier has collected your package.
You agree to provide current, complete, and accurate personal information for all purchases made through the Website. You further agree to promptly update this information to ensure we can complete your transactions and contact you as necessary.
4. PAYMENT
We accept payments via bank transfer and PayPal.
For order requests, payment shall be submitted in full through one of the available payment methods provided.
For commission requests, payment shall be submitted in two installments through one of the available payment methods provided: the first installment prior to the commencement of the work, and the second installment upon completion of the work and prior to shipment.
We use secure payment gateways to process all transactions and do not store your credit card details.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Website. You further agree to promptly update this information to ensure we can complete your transactions and contact you as necessary.
5. SHIPPING AND DELIVERY
Each Artwork will be packaged in a custom-made box or crate and shipped via reputable carriers specializing in fine art transport. Tracking information and other relevant shipping details will be communicated to you once the carrier has collected your package.
International shipping is offered to select destinations. In-person pickup may be offered at our sole discretion, subject to a prior written agreement between us and you. The available shipping destinations and pickup options, if any, will be communicated to you via email following your inquiry.
Shipping costs and estimated delivery timeframes will be communicated to you via email following the submission of the order or commission request. We will use reasonable efforts to ship the Artwork within the timeframe provided. However, you acknowledge that delivery times are estimates and may vary based on your location and factors beyond our control. We shall not be liable for any damages or losses arising from such delays.
Risk of loss and title for the Artwork shall transfer to you immediately upon the delivery of the Artwork to the carrier.
You are responsible for ensuring that the shipping address provided is accurate and secure. We are not responsible for any delays, misdeliveries, non-deliveries, or losses resulting from an inaccurate or insecure shipping address.
International orders may be subject to import duties, taxes, and other charges, levied by the destination country. These charges are the sole responsibility of the Buyer unless explicitly and otherwise specified in writing by us. You are responsible for understanding and complying with all import regulations of the destination country.
6. RETURN POLICY
Each Artwork is a limited edition or a unique piece meticulously crafted by the Artist. Due to the handcrafted and often bespoke nature of each Artwork, all sales are final and non-refundable. We encourage you to carefully review all Artwork details before making a purchase.
7. GUARANTEE OF AUTHENTICITY
We guarantee the authenticity of every Artwork. Each piece is accompanied by a Certificate of Authenticity signed by the Artist.
8. RIGHTS
The Buyer acknowledges that the purchase of any Artwork does not transfer ownership of any intellectual property rights to the Buyer. All rights, including, but not limited to, copyright and reproduction rights, shall remain exclusively with the Artist, even after the Artwork is purchased.
All content displayed on this Website, including without limitation, text, images, logos, and Artwork reproductions (“Website Content”), is the sole intellectual property of the Artist and is protected by applicable copyright, trademark, and other intellectual property laws.
Except as explicitly permitted by a prior, written authorization signed by the Artist, the Buyer and any third party are strictly prohibited from: using, downloading, reproducing, distributing, modifying, or creating derivative works of any Website Content. Publicly displaying or performing any Artwork reproduction or Website Content. Using any Website Content for any commercial purpose whatsoever.
The Buyer is granted a limited, revocable, non-exclusive license to view the Artwork and Website Content on the Website for personal, non-commercial, and informational purposes only.
9. USER CONDUCT
You agree not to use the Website or Website Content for any unlawful purpose or in any manner that could damages, disables, overburdens, or impairs the functionality or appearance of the Website, infringes upon the rights of us or any third party, restricts or inhibits any other user’s access, use, or enjoyment of the Website.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the Seller shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website or the purchase of any Artwork.
11. INDEMNIFICATION
You agree to indemnify and hold harmless the Seller from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your breach of these Terms, your use of the Website, or your violation of any law or the rights of a third party.
12. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.
13. PRIVACY POLICY
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Website and the purchase of any Artwork, and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
14. CHANGES TO THE TERMS
We reserve the right to modify or revise these Terms at our sole discretion, and without prior notice. Your continued use of the Website following any changes constitutes your acceptance of those changes. You are advised to review these Terms periodically to remain informed of any changes.
15. CONTACT
If you have any questions about these Terms, please contact us at: info@madamaluna.com
16. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the Laws of Italy. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Court of Vicenza, Italy.
By using this Website and purchasing any Artwork, you irrevocably submit to the jurisdiction of this court.
By sending this form I accept the terms of the privacy policy.
By sending this form I accept the terms of the privacy policy.