Sale conditions
Terms & Conditions
These general terms and conditions of sale govern the purchase of numbered, certified art sculptures offered on lucamessy.com, owned by Luca Messina, based in Rivalta di Torino (TO), Italy ("Lucamessy", "we"). By placing an order, the user ("Customer") fully accepts these terms.
1. Seller identity
Seller: Luca Messina, Rivalta di Torino (TO), Italy.
Codice Fiscale (Italian tax ID): MSSLCU87T09L219B.
Email: info@lucamessy.com.
2. Object
Lucamessy sells Pop Art sculptures, each selected, quality-inspected and numbered under the Continuous Archive system. Each work is accompanied by a Certificate of Authenticity.
3. Order process
An order is placed by selecting the artwork and desired finish, adding it to the cart, and completing checkout with shipping and payment details. Upon completion, the Customer will receive a confirmation email summarising the purchase. The sale contract is deemed concluded when payment is confirmed by the system.
Lucamessy reserves the right to refuse or cancel an order in case of unavailability of the artwork, a manifest pricing error, or suspected fraud, with a full refund of any amount already paid.
4. Pricing
All prices are expressed in Euro (EUR) and are inclusive of VAT, where applicable. Any shipping costs are shown separately before the order is finalised. Prices may change without notice, but changes do not affect orders already confirmed.
5. Payment
Payments are securely processed by our third-party provider, Stripe, Inc. We accept credit/debit cards, Apple Pay and Google Pay. Lucamessy does not receive or store full payment card data. Charges are applied upon order confirmation.
6. Shipping and delivery
The artworks are prepared with protective inner packaging and shipped in a discreet outer box. The outer packaging may be unbranded and free from obvious references to the contents, in order to protect the discretion and security of the shipment. Unless otherwise stated, shipping is insured for the value of the artwork. Shipping within Italy is free; for all other destinations, estimated costs and delivery times are calculated according to the delivery country at checkout. Artworks produced to order may require longer production times, as indicated on the product page at the time of purchase.
Risk of loss or damage to the artwork passes to the Customer upon delivery to the designated carrier; shipments are insured for the full value of the artwork.
7. Right of withdrawal
Pursuant to Articles 9-15 of EU Directive 2011/83/EU on consumer rights, as implemented in Italy by the Consumer Code (Legislative Decree 206/2005), a Customer acting as a consumer has the right to withdraw from the contract, without giving any reason, within 14 calendar days from the date the artwork is received.
To exercise the right of withdrawal, the Customer must send an unambiguous written notice to info@lucamessy.com before the deadline expires, indicating the order number and the artwork concerned.
The artwork must be returned intact, in its original packaging and with all accessories (including the Certificate of Authenticity), within 14 days of the withdrawal notice. Return shipping costs are borne by the Customer, unless the artwork is defective or non-conforming.
The refund will be issued within 14 days of receiving the returned artwork, or proof of its return shipment, using the same payment method used for the purchase.
8. Exclusions from the right of withdrawal
In accordance with Article 16(c) of Directive 2011/83/EU (Art. 59(c) of the Italian Consumer Code), the right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised. The following are therefore excluded from the right of withdrawal:
- Artworks produced under private commission with specific customisations requested by the Customer (e.g. dedication, custom non-catalogue finish, a serial number chosen outside the normal sales process).
- Artworks made specifically according to individual instructions from the Customer that render them unsuitable for resale to third parties.
9. Legal warranty of conformity
Artworks purchased by a consumer are covered by the 24-month legal warranty of conformity provided under Articles 128 et seq. of the Italian Consumer Code (implementing EU consumer protection rules). In the event of a non-conformity, the Customer may request repair, replacement, a price reduction, or termination of the contract, as provided by law.
10. Intellectual property
All artworks, images, text and content on the site are protected by copyright and intellectual property rights belonging to Lucamessy. Reproduction, in whole or in part, without written authorisation is prohibited.
11. Limitation of liability
To the extent permitted by law, Lucamessy shall not be liable for indirect damages arising from the use, or inability to use, the site or the purchased artworks, without prejudice to any mandatory rights granted to consumers under applicable law.
12. Governing law and jurisdiction
These terms are governed by Italian law. For Customers acting as consumers, this is without prejudice to any mandatory provisions of the law of their country of residence, and to the jurisdiction of the courts of the consumer's place of residence, as provided by applicable law.
Consumers may consult information about alternative dispute resolution bodies available in the European Union through the European Commission's official portal (consumer-redress.ec.europa.eu/dispute-resolution-bodies_en).
13. Special finishes, micro-variations and surface characteristics
The artworks sold by LUCAMESSY ATELIER are collectible decorative objects featuring special finishes, high-reflection glossy surfaces, electroplated treatments, glossy or metallic coatings and surface processes that may involve manual work and are not entirely industrialized.
The Customer acknowledges that, due to the nature of these processes, each artwork may present slight aesthetic variations compared to the images published on the website, including, by way of example, minor surface irregularities, subtle finish inconsistencies, slight differences in reflection, small chromatic variations, or natural marks resulting from manual finishing or surface treatment.
Such characteristics are compatible with the nature of the artwork and do not constitute a lack of conformity, defect or valid reason for dispute, unless they significantly compromise the structural integrity, stability, safety, usability or overall presentation of the artwork.
Images on the website are for representative purposes and may differ slightly from the actual item received, also due to lighting, reflections, screen settings and the inherent characteristics of reflective surfaces.
14. Changes to these terms
Lucamessy reserves the right to modify these terms at any time. Changes do not apply to orders already confirmed before the new terms are published.
15. Contact
For any request: info@lucamessy.com.