Terms and Conditions of Sale
DI FORTUNA LIMITED trading as Ornella Gallo Art & Design
These Terms and Conditions of Sale govern all bespoke commissions and creative collaborations between DI FORTUNA LIMITED (Company No. 08359939), trading as Ornella Gallo Art & Design (“the Studio”), and the client (“Client”). By commissioning work from the Studio, the Client agrees to these terms.
- COMMISSIONING PROCESS & ORDER ACCEPTANCE
1.1. All works produced by the Studio are made-to-order artistic creations and design interventions. A Client may initiate a commission by written request detailing the scope of work, site specifics, material preferences, timelines, and budget indications.
1.2. Upon review, the Studio may issue a Project Proposal and/or Commission Agreement including project outlines, deliverables, costs, and estimated delivery schedules. Only upon receipt of a written acceptance by the Client and confirmation by the Studio shall the agreement be deemed binding.
1.3. The Studio reserves the right to decline, amend, or delay any project at its discretion based on feasibility, materials, or artistic direction.
1.4. Advance payment is required prior to commencement unless otherwise agreed in writing. Work will not begin until the agreed deposit or full payment is received.
- ARTISTIC NATURE AND MATERIAL CHARACTERISTICS
2.1. All works are handmade, and variations in texture, tone, patina, or pattern are inherent and intentional. These are not flaws but distinguishing features of artisanal craftsmanship.
2.2. Colour samples, mock-ups, and reference materials are illustrative only. Final outcomes may differ slightly due to natural material variation, studio techniques, or environmental factors.
2.3. Where applicable, the Studio will provide technical documentation or care guidelines. The Studio is not responsible for damages caused by improper installation, alteration, or environmental conditions beyond its control.
- TIMELINES, DELIVERY & INSTALLATION
3.1. Project timelines are estimates only. While the Studio aims to honour all agreed delivery schedules, delays may occur due to artistic complexity, material availability, or collaborative adjustments. Time is not of the essence.
3.2. Delivery terms will be stated in the Commission Agreement. Freight, insurance, customs duties, and storage costs (if applicable) are borne by the Client unless otherwise agreed.
3.3. The Client is responsible for ensuring site readiness. If delays are caused by access, site conditions, or coordination issues on the Client’s end, additional charges may apply.
- COMMERCIAL POLICIES, CONDITIONS & PAYMENT TERMS
4.1. The Client shall notify DI FORTUNA LTD promptly and in writing of any changes to their personal or company details, including but not limited to billing information, company name, or VAT registration number. The Client agrees to indemnify and hold harmless DI FORTUNA LTD against any loss, penalty, or expense arising from failure to provide accurate or updated information.
4.2. DI FORTUNA LTD reserves the right, at its sole discretion, to amend its price list at any time. Prices applicable to an order are those stated in the official quotation or price list current at the time of the Client’s written order confirmation.
4.3. DI FORTUNA LTD reserves the right to suspend, modify, or discontinue the design, production, or marketing of any product—including changes to finishes, colors, materials, and dimensions—without prior notice. DI FORTUNA LTD disclaims any liability for resulting consequences to the Client or any third party from such modifications.
4.4. Upon completion, DI FORTUNA LTD will notify the Client regarding the location of the commissioned artworks or products to arrange for collection or delivery. Specific terms apply based on storage location:
4.4.1. For artworks stored in DI FORTUNA LTD’s Italy-based facility and intended for export, the Client must ensure that the works are exported outside the EU within 60 (sixty) days of issuance of customs documentation. If export cannot be completed within this timeframe, the Client must notify DI FORTUNA LTD immediately in writing. Failure to comply may result in VAT charges or sanctions, for which the Client will be fully liable.
4.4.2. For artworks stored in a third-party distribution center in Italy, the Client is responsible for timely collection. Should collection not occur within 14 days of confirmation of availability, DI FORTUNA LTD reserves the right to invoice for any incurred storage fees.
4.4.3. For artworks imported by DI FORTUNA LTD and stored at its UK-based studio, the same 14-day collection window applies. DI FORTUNA LTD shall be entitled to invoice for storage charges, and reserves all additional rights outlined in Clause 8.
4.5. MODIFICATIONS & CANCELLATIONS
4.5.1. Once an order is confirmed and work has commenced, cancellation is not possible. Requests for modification must be submitted in writing and are subject to review and approval.
4.5.2. If a modification is accepted, any resulting changes to the budget or timeline will be documented in a written Addendum. Additional charges may apply
- INTELLECTUAL PROPERTY & USAGE
5.1. All designs, drawings, samples, and artworks remain the intellectual property of the Studio unless expressly transferred in writing. The Studio retains the right to photograph, archive, exhibit, and publish completed works for portfolio and promotional purposes.
5.2. The Client shall not reproduce, replicate, or distribute the work without prior written permission from the Studio.
- TITLE, RISK, AND INSURANCE
6.1. Ownership of the commissioned artwork transfers to the Client only upon full payment of all agreed fees.
6.2. Risk in the work passes upon delivery or collection, whichever occurs first. The Client is responsible for ensuring the work thereafter.
- CLAIM MANAGEMENT / ARTWORK RETURNS
7.1. All artworks, surfaces, and installations created by DI FORTUNA LTD are bespoke, handcrafted, and designed specifically to order in full collaboration with the Client. As such, they are strictly non-returnable and non-refundable.
7.2. Due to the tailored nature of our work, Clients are actively involved throughout each critical stage—design development, material selection, sample validation, and final approval. By proceeding with an order, the Client acknowledges that the final outcome reflects mutually agreed specifications and creative decisions.
7.3. The Client must inspect the delivered work upon receipt and/or installation. In the rare event of transit damage or visible deviation from the approved design, written notice must be sent to admin@difortuna.com within 48 working hours of delivery. The notice must include detailed photographic documentation.
7.4. DI FORTUNA LTD will assess all claims in good faith and respond within three working days. If further evidence is requested (e.g., additional photos or a site visit), the response timeline will begin upon receipt of the requested materials.
7.5. Claims must be submitted prior to installation. Any claims made after installation will not be accepted.
7.6. If a claim is accepted, DI FORTUNA LTD will propose an appropriate resolution, which may include repair, partial re-fabrication, or a credit note. Cash refunds are not offered under any circumstances.
7.7. DI FORTUNA LTD is not responsible for any variations or damage arising from improper handling, unauthorized installation, or modifications carried out by third parties without prior written consent.
7.8. Unless otherwise agreed in writing, all costs related to freight, handling, and logistics for any approved repair or replacement shall be borne by the Client.
7.9. For clarity, no returns or refunds will be accepted due to change of mind, personal aesthetic preferences, or minor variations inherent in handcrafted artistic work.
7.10. Once the artwork has been delivered and/or installed, any further request for modification, relocation, restoration, or alteration—whether due to changed site conditions, aesthetic reconsideration, or third-party intervention—will fall outside the scope of the original agreement.
Such requests may be considered at the sole discretion of DI FORTUNA LTD and, if accepted, shall constitute a new commission with its own quotation, schedule, and terms. All associated costs, including but not limited to consultation, travel, labor, material sourcing, and installation, shall be the sole responsibility of the Client.
DI FORTUNA LTD shall not be liable for any damage, failure, or dissatisfaction resulting from unauthorized modifications or installations carried out by third parties.
- UNCOLLECTED WORKS & STORAGE FEES
8.1. If completed works are not collected within 14 days of written notice, the Studio may charge 15% of the total value for uncollected works, plus storage fees.
8.2. The Studio reserves the right to reallocate, repurpose, or dispose of works unclaimed after 60 days, without liability.
- LIMITATION OF LIABILITY
9.1. The Studio shall not be liable for any indirect, incidental, or consequential losses including but not limited to loss of profit, business interruption, or reputational damage.
9.2. Total liability shall not exceed the amount paid by the Client for the specific project.
9.3. Nothing in this agreement limits liability for death, or personal injury caused by negligence, or fraud.
- FORCE MAJEURE
10.1. The Studio is not liable for failure or delay due to events beyond its control including acts of God, war, natural disaster, supply disruption, or pandemic. In such cases, project timelines may be extended or contracts renegotiated in good faith. Neither of the parties shall be liable for breaches caused directly or indirectly by force majeure events (as – for illustrative, yet incomplete example – legal prohibitions, wars, rebellions, revolutions, strikes, fire, flood, sabotage, nuclear accidents, earthquakes, storms, epidemic, pandemic). The party that suffers the force majeure shall promptly notify in writing both the beginning and the end of the event. In case the force majeure continues for over 60 days, the other party has the right to rescind the sales contract notifying the other party in writing without incurring further liability.
- PRIVACY & CONFIDENTIALITY
11.1. The Studio will handle Client data under its Privacy Policy. Artistic and personal confidentiality will be respected unless otherwise agreed.
- JURISDICTION
12.1. These Terms shall be governed by the laws of England and Wales. Any disputes arising under them shall be subject to the exclusive jurisdiction of the English Courts.
