LEGAL

Terms & Conditions

Effective Date: May 15, 2026

These Terms and Conditions of Sale (the “Terms”) govern every offer, quotation, order, commission, sale, and delivery of original artwork, commissioned works, and related goods or services (collectively, the “Works”) supplied by Clair Fareio, an independent artist trading as Clair Fareio Art, with studio in Sulmona, Italy (the “Artist,” “we,” “our,” or “us”), to any person or entity transacting with the Artist (the “Client,” “you,” or “your”). By placing an order, paying a deposit, signing a Commission Proposal, or otherwise indicating assent, the Client unconditionally accepts these Terms in their entirety. Any conflicting terms proposed by the Client are expressly rejected unless accepted by the Artist in a signed writing.

1. The Artist & Contracting Party

Clair Fareio Art is an independent art studio operated by Clair Fareio, based in Sulmona, Italy. The Artist sells original handmade Works and accepts commissions worldwide. The Artist does not act through any agent, gallery, broker, “art consultant,” or third-party “shipping coordinator” unless named in writing on the applicable invoice and confirmed from the email address below. Any communication purporting to act on the Artist’s behalf from any other address, phone number, or messaging account is unauthorized and does not bind the Artist.

Email: clairvegas [at] gmail [dot] com
Studio: Sulmona, Italy

2. Nature of the Works

Each Work is unique, original, handmade, and signed by the Artist. Variations in color, surface texture, weight, dimension, and finish are inherent to handmade artwork and do not constitute defects. Photographic and digital reproductions are illustrative only; color rendering varies with monitor calibration, lighting, and screen technology, and such variation does not constitute a defect or non-conformity.

Except for the legal guarantees of conformity owed to consumers under Articles 128–135-septies of the Italian Consumer Code (Legislative Decree No. 206/2005), and equivalent mandatory protections under the law of the Client’s habitual residence, the Artist disclaims all other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, investment value, or future appreciation. Art is not sold as an investment.

3. Orders & Acceptance

An order is an offer by the Client to purchase the relevant Work on these Terms. No order is binding on the Artist until the Artist confirms acceptance in writing and Confirmed Funds (defined in Section 5) — or, in the case of a commission, the required deposit — are received.

The Artist may refuse, suspend, or cancel any order, in whole or in part, at its sole discretion, including where: (i) fraud, money-laundering, sanctions exposure, or any unlawful purpose is reasonably suspected; (ii) the payment method, payer identity, or shipping arrangement deviates from the Artist’s standard procedure; (iii) the Client refuses to provide identity or payment verification reasonably requested; (iv) the Client fails to respond to a written communication from the Artist concerning the order for thirty (30) consecutive days; or (v) pricing or stock information has been published in manifest error.

The Client warrants that the Client is at least eighteen (18) years of age, has full legal capacity to contract, and, if acting on behalf of an entity, has authority to bind that entity. The Client further warrants that all identification, address, and payment information furnished is true, current, and complete.

4. Commissions

Every commission is documented by a written Commission Proposal specifying scope, dimensions, medium, support, price, deposit, estimated completion window, delivery terms, and any client-specific provisions. Once countersigned and accompanied by the deposit, the Commission Proposal forms a binding contract integrated into these Terms.

A non-refundable deposit of fifty percent (50%) of the total commission price is required before work commences. The deposit compensates the Artist for design development, materials reserved, studio time allocated, and the Artist’s declination of other engagements. Except where the Artist cancels the commission without cause attributable to the Client, the deposit is non-refundable, including in cases of Client cancellation, change of mind, change of decor, change of address, change of financial circumstances, or any other Client-side withdrawal. The parties agree the deposit represents a reasonable pre-estimate of the Artist’s loss in such event.

The remaining fifty percent (50%) balance, together with shipping, insurance, packing, customs preparation, and any applicable taxes, is due in Confirmed Funds before the Work leaves the studio. The Artist has no obligation to ship, deliver, or release any commission until the full balance is received in Confirmed Funds.

Commissions are executed in the Artist’s recognized style. The Artist retains sole artistic discretion as to composition, palette, technique, materials, and finish. The Client is entitled to a single round of reasonable revisions during the design-development phase; further revisions, scope changes, or substitutions are subject to additional fees at the Artist’s then-current rate and may extend the delivery window. If the completed commission conforms substantially to the Commission Proposal, the Client may not reject it on the basis of subjective taste, regret, third-party opinion, or any mental impression of the Client that was not expressed in writing in the Commission Proposal.

Commissions are made to the Client’s specifications and are clearly personalized within the meaning of Article 59, paragraph 1, letter (c) of the Italian Consumer Code. The statutory fourteen-day right of withdrawal under Articles 52 et seq. of the Italian Consumer Code therefore does not apply, and the Client expressly acknowledges the loss of any such right with respect to all commissions.

Upon completion, the Artist will notify the Client and issue the final invoice. If the Client fails to pay the final balance or to provide shipping or collection instructions within sixty (60) days of the Artist’s notice, the Artist may, at its sole discretion, treat the commission as abandoned, retain all sums paid (including the deposit), regain full title to the completed Work, and dispose of it as the Artist sees fit, without further obligation or notice to the Client. Storage fees may be charged at the Artist’s then-current rate.

The Artist retains the right to photograph and display commissioned Works for portfolio, archival, exhibition, and promotional purposes unless otherwise expressly agreed in the Commission Proposal.

All completion dates are good-faith estimates. Time is not of the essence unless expressly stated in writing in the Commission Proposal and a premium rush fee has been paid.

5. Pricing, Payment & Anti-Fraud Conditions

All prices are quoted in Euros (€) and are exclusive of shipping, insurance, packing, customs duties, import VAT, and any sales, use, or transaction taxes payable in the destination jurisdiction, all of which are the Client’s sole responsibility. International buyers are responsible for any currency conversion fees. All transactions are documented with a receipt or invoice issued by the Artist.

The Artist accepts: (i) SEPA or international bank wire transfer to the Artist’s designated account; (ii) PayPal goods-and-services invoices issued by the Artist; (iii) major credit and debit cards processed through the Artist’s designated processor; and (iv) cash for in-person sales within Italy, up to the legal threshold then in force under Italian anti-money-laundering law. The Artist does not accept personal checks, cashier’s checks, certified checks, bank drafts, money orders, traveler’s checks, gift cards, cryptocurrency (unless expressly pre-agreed in writing), third-party payment platforms not listed above, or any payment tendered from a name, account, or country materially different from those identified in the order.

The Artist will not knowingly accept any payment in excess of the invoiced amount. Any apparent overpayment will be presumed fraudulent and will, at the Artist’s sole discretion, be (i) returned only to the original payer, only to the original instrument, and only after the underlying funds have fully and irrevocably cleared the Artist’s account for not less than thirty (30) business days, or (ii) refused and reversed in full. The Artist will under no circumstances forward, remit, refund, or wire any sum to a “shipping agent,” “moving company,” “customs broker,” “personal assistant,” “spouse,” or any other third party at the Client’s direction.

“Confirmed Funds” means cleared funds irrevocably credited to the Artist’s designated account and not subject to reversal, recall, chargeback, or hold. No Work will be packed, shipped, released, or transferred until the entire purchase price, together with all shipping and ancillary charges, has been received in Confirmed Funds. A pending balance, a payment-notification email, a screenshot, a wire confirmation, or any document purporting to evidence payment does not constitute Confirmed Funds. Risk of fraudulent or reversed payment is borne entirely by the Client.

Any chargeback, payment reversal, wire recall, PayPal dispute, or other payment-platform claim initiated by the Client following acceptance of a Work, the issuance of design proofs, or shipment (each, a “Wrongful Chargeback”) constitutes a material breach of these Terms. By transacting with the Artist, the Client agrees that:

• the Client will use the dispute-resolution process in Section 12 before initiating any payment-platform dispute;
• the Client will not dispute charges for “item not as described” based on inherent handmade variation, monitor color rendering, or subjective taste;
• the Client will not dispute charges for “item not received” where a tracked, signed-for delivery receipt evidences delivery to the address of record;
• in the event of a Wrongful Chargeback, the Client shall reimburse the Artist for the full purchase price, all chargeback and reversal fees, all bank and platform fees, all investigation and recovery costs, and reasonable legal fees; and
• the Artist may pursue collection in any competent forum and report unpaid balances to collection agencies and recognized art-trade and online artist-fraud registries.

The foregoing waivers do not limit any mandatory consumer protections that cannot lawfully be excluded.

Title to and ownership of each Work remain with the Artist until the entire purchase price has been received in Confirmed Funds. Until that moment, the Work is held by any carrier, recipient, or possessor as bailee for the Artist, and the Artist may demand its immediate return at the Client’s expense. This retention of title survives any cancellation, payment reversal, or alleged transfer of the Work by the Client. Risk of loss, however, passes to the Client at the time stated in Section 6.

Sums unpaid when due accrue interest at the maximum rate permitted by applicable law, together with all collection costs. In the case of business-to-business transactions, interest accrues at the statutory rate under Legislative Decree No. 231/2002, as amended. The Artist may suspend performance and withhold delivery of any Work in its possession pending payment.

6. Shipping, Delivery & Risk of Loss

Works ship from Sulmona, Italy, by carriers of the Artist’s selection unless the Client has expressly designated a carrier in writing and assumed all associated risks. The Client is solely responsible for all import duties, customs charges, taxes, broker fees, demurrage, and storage costs in the destination jurisdiction. Refusal of delivery or failure to clear customs does not entitle the Client to any refund.

Risk of loss, damage, theft, deterioration, and casualty passes to the Client upon tender of the Work to the carrier at the Artist’s studio, irrespective of who pays freight. Transit insurance for the full invoice value is strongly recommended and will be arranged by the Artist at the Client’s cost upon written request. Where the Client qualifies as a consumer under EU law and has not designated the carrier, risk passes upon physical delivery to the Client in accordance with Article 63 of the Italian Consumer Code.

Estimated delivery dates are not guaranteed. The Artist is not liable for delays attributable to carriers, customs, force majeure, or any cause beyond the Artist’s reasonable control.

The Client must inspect each Work within forty-eight (48) hours of receipt and shall photograph the outer carton, all packing layers, and the Work itself prior to and during unpacking. Failure to do so will, to the maximum extent permitted by law, be deemed waiver of any transit-damage claim.

Redirection of shipment to any address other than the address of record requires a fresh written instruction from the Client’s verified email and may, at the Artist’s discretion, require re-verification, additional documentation, or refusal.

7. Right of Withdrawal, Returns & Damaged Goods

Pursuant to Article 59, paragraph 1, letter (c) of the Italian Consumer Code, the fourteen-day right of withdrawal granted to consumers in distance and off-premises contracts does not apply to Works made to the Client’s specifications or clearly personalized, which includes all commissions. The Client expressly accepts this exclusion by entering into any commission.

For non-commissioned original Works purchased at a distance by a Client qualifying as a consumer in the European Union, the statutory fourteen-day right of withdrawal applies. To exercise this right, the Client must notify the Artist in writing within fourteen (14) days of receipt and return the Work, at the Client’s expense, in original condition and packaging, fully insured, within fourteen (14) days of notice. The Artist will refund the purchase price, less any diminution in value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Work, within fourteen (14) days of receipt of the Client’s withdrawal notice; provided that, in accordance with Article 56(3) of the Italian Consumer Code, the Artist may withhold the refund until receipt of the returned Work or until the Client has supplied evidence of having dispatched it, whichever is earlier.

Clients resident outside the European Union are not entitled to the foregoing statutory right of withdrawal. All sales to such Clients are final, save for the limited damage protocol below.

If a Work arrives damaged, the Client must, within seven (7) days of receipt, notify the Artist in writing, retain all packaging materials, and supply (i) photographs of the carton at the moment of receipt, (ii) photographs of each layer of packing during unpacking, (iii) photographs of the damaged Work, and (iv) the carrier waybill. Subject to verification and to insurance recovery, the Artist may, at its sole discretion, offer repair, partial refund, or replacement of comparable value. The Artist’s aggregate liability for transit damage will not exceed the invoice value of the affected Work.

Save as expressly provided above, all sales are final. The Artist does not accept returns for change of mind, decor incompatibility, gift refusal, scale misjudgment based on dimensions stated on the invoice, or third-party opinion.

8. Certificate of Authenticity

Each original Work and each commission ships with a signed Certificate of Authenticity bearing the title, dimensions, medium, year of completion, and the Artist’s signature. The Certificate is the sole authoritative document of authenticity. Reproduction, alteration, transfer, or sale of the Certificate independent of the Work is prohibited and voids its authority.

9. Intellectual Property & Reserved Rights

All copyright, moral rights, and other intellectual-property rights subsisting in the Works — including all preparatory studies, sketches, working files, and photographs thereof — remain the exclusive property of the Artist at all times, notwithstanding the sale of the physical Work. Sale transfers the physical object only and does not transfer copyright or any reproduction right.

The Client may display the purchased Work for private, non-commercial purposes and may share casual personal photographs on social media provided the Artist is clearly credited and tagged. Any other use — including reproduction, derivative work, merchandising, licensing, exhibition for commercial purposes, NFT minting or tokenization, uploading the Work or any image of the Work to any generative-AI, machine-learning, or model-training service, use of the Work as training data, or commercial display — is strictly prohibited absent a separate written license signed by the Artist.

The Artist asserts the moral rights of attribution and integrity under Articles 20–22 of the Italian Copyright Act (Law No. 633/1941). The Client shall not alter, mutilate, modify, deface, or destroy the Work, nor permit any third party to do so, and shall not present the Work in any context derogatory to the Artist’s honor or reputation.

The Artist retains the perpetual, irrevocable, royalty-free right to photograph, reproduce, exhibit, publish, and use images of the Work for portfolio, archival, editorial, exhibition, educational, and promotional purposes, in any medium now known or hereafter devised.

Any unauthorized reproduction, third-party listing, “drop-ship” offering, or use of the Artist’s name, signature, image, or Works to solicit transactions on platforms not operated by the Artist is unlawful. The Artist reserves all available civil and criminal remedies, including injunctive relief, account take-downs, statutory damages, and recovery of legal fees.

The Artist retains the resale royalty right (droit de suite) provided by Articles 144–155 of Law No. 633/1941, payable in respect of qualifying secondary-market sales of Works as required by law.

10. Identity Verification & Suspicious Activity

The Artist may, at any time before or during performance, require the Client to furnish reasonable verification of identity, address, source of funds, beneficial ownership, and intended use of the Work, including government-issued photographic identification, a recent utility bill, or a brief video call. Refusal to cooperate is grounds for cancellation of the order with retention of the deposit.

The Artist may decline any transaction that, in the Artist’s sole judgment, presents indicia of fraud, including but not limited to: (i) requests to overpay and refund the surplus; (ii) requests to remit funds to a third-party shipper, mover, or assistant; (iii) payment from a name or instrument not matching the order; (iv) requests originating from communication channels not under the Artist’s control; (v) urgency or pressure to ship before funds clear; (vi) generic or template messages lacking specifics about the Works; or (vii) requests to communicate exclusively through messaging apps avoiding the Artist’s email of record.

The Artist may report suspected fraud, attempted fraud, identity misrepresentation, or sanctions evasion to competent Italian authorities, including the Guardia di Finanza, the Polizia Postale, and the Unità di Informazione Finanziaria, and to relevant payment processors and platforms, without prior notice to the Client and without liability.

11. Indemnification & Limitation of Liability

Where the Client is not a consumer, the Client shall defend, indemnify, and hold harmless the Artist from and against any and all claims, demands, suits, losses, liabilities, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) the Client’s breach of these Terms; (ii) the Client’s misuse of any Work or of the Artist’s intellectual property; (iii) any Wrongful Chargeback or payment fraud; (iv) any unauthorized reproduction, derivative use, NFT minting, AI training, or commercial exploitation of a Work; and (v) any inaccurate or fraudulent information furnished by the Client.

Where the Client is a consumer, the Client shall indemnify the Artist for direct losses, costs, and expenses arising from the Client’s wrongful or fraudulent conduct, including Wrongful Chargebacks and infringement of the Artist’s intellectual property, to the maximum extent permitted by applicable Italian consumer law.

To the maximum extent permitted by applicable law, and without prejudice to mandatory consumer protections that cannot lawfully be limited, the Artist shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit, loss of use, loss of business, diminution of value, emotional distress, or damages arising from third-party acts. The Artist’s aggregate cumulative liability under or in connection with these Terms, regardless of the legal theory, shall not exceed the amount actually paid by the Client to the Artist for the specific Work giving rise to the claim. Nothing in this Section limits liability for fraud, willful misconduct, gross negligence, death, personal injury, or any other liability that cannot be excluded under mandatory Italian law.

12. Dispute Resolution, Governing Law & Jurisdiction

Before commencing proceedings or initiating any payment-platform dispute (and without prejudice to applications for urgent injunctive or interim relief), the parties shall attempt in good faith to resolve any dispute by direct written negotiation for a period of thirty (30) days from written notice of the dispute.

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the substantive law of the Italian Republic, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

For all non-consumer disputes, the parties submit to the exclusive jurisdiction of the competent courts of L’Aquila, Italy. For consumer disputes, the consumer may, at the consumer’s option, bring proceedings before the courts of the consumer’s habitual residence within the European Union or before the courts of L’Aquila, Italy, in accordance with the mandatory consumer-jurisdiction rules of Regulation (EU) No. 1215/2012.

EU consumers may access the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Use of that platform does not waive the foregoing jurisdiction clause.

13. Privacy & Data Protection

The Artist processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Italian Legislative Decree No. 196/2003, as amended. Personal data is collected and processed for the limited purposes of contract formation and performance, invoicing, shipping, fiscal compliance, fraud prevention, and the Artist’s legitimate interest in safeguarding its business. Personal data is not sold or shared with third parties save as necessary for those purposes or as required by law. For U.S. residents, personal data is handled in accordance with applicable state and federal privacy laws. Data-subject rights under Articles 15–22 GDPR may be exercised by email to the address listed in Section 1. Further details are set out in the Artist’s Privacy Policy.

14. Website & Cookies

This website uses technical cookies necessary for essential functionality and, with the Client’s prior consent collected through the site’s cookie banner in accordance with the guidelines of the Italian Data Protection Authority (Garante per la protezione dei dati personali), analytical and profiling cookies. Details are provided in the Cookie Policy referenced in the Privacy Policy. The website is provided “as is” without warranties of any kind regarding availability, accuracy, or uninterrupted access.

15. Force Majeure

Neither party is liable for any failure or delay in performance (other than the Client’s obligation to pay sums due) caused by events beyond its reasonable control, including without limitation acts of God, earthquake, flood, fire, pandemic or epidemic, governmental order, war, civil unrest, terrorism, embargo, sanctions, labor dispute, cyberattack, energy or supply-chain disruption, or carrier failure. The affected party shall promptly notify the other and use commercially reasonable efforts to mitigate the impact. If a force majeure event continues for more than ninety (90) consecutive days, either party may terminate the affected order or commission upon written notice, with the Artist retaining the deposit and a pro-rated portion of the price reflecting work performed.

16. Notices, Assignment & Language

All notices to the Artist shall be in writing and sent to the email address listed in Section 1 with confirmed delivery, or to such other address as the Artist may designate. Notices to the Client shall be sent to the email address on the order and are deemed received on the next business day after transmission.

The Client may not assign, delegate, or transfer these Terms or any rights or obligations hereunder without the Artist’s prior written consent. Any attempted assignment in violation of this Section is void. The Artist may freely assign these Terms in connection with a succession, restructuring, or sale of substantially all of the studio’s assets.

These Terms are issued in English. Translations into other languages are provided for convenience only. In the event of conflict between the English text and any translation, the English text prevails, save where mandatory law of the Client’s habitual residence requires otherwise.

17. Changes, Severability, Waiver & Entire Agreement

The Artist may update these Terms from time to time by publishing a revised version on this page bearing a new effective date. The version in force at the moment an order or Commission Proposal is accepted governs that transaction. Continued use of the website or placement of orders after publication constitutes acceptance of the revised Terms for future transactions.

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, failing that, severed, and the remaining provisions shall continue in full force.

No failure or delay in exercising any right under these Terms constitutes a waiver. A waiver is effective only if given in writing and is limited to the specific instance and purpose for which it is given.

These Terms, together with the applicable Commission Proposal, order, and invoice, constitute the entire agreement between the parties on their subject matter and supersede all prior or contemporaneous oral or written communications, proposals, or representations.