SHOP POLICIES
Terms of Sale, Intellectual Property and AI Usage
These Shop Policies apply to all purchases made through the Grimilde Malatesta online shop, including ready-to-ship items and made-to-order or bespoke costumes, regardless of the payment method used.
By placing an order, the Customer agrees to these Shop Policies, together with the product description, order confirmation, and any additional written agreement applicable to the purchase.
Where a separate agreement has been signed, its specific terms shall apply to the matters it expressly addresses. In the event of a conflict, the specific terms of that agreement shall prevail for the relevant order, unless otherwise required by applicable law.
1. THE ARTIST AND THE WORK
All costumes and wearable artworks offered by Grimilde Malatesta are original artistic creations by Chiara Beatrice Vaccari, unless expressly stated otherwise.
Each piece is the result of the Artist’s individual design, research, pattern drafting, construction, and artistic decisions. The purchase of a physical item does not transfer ownership of its underlying design, intellectual property rights, or other rights belonging to the Artist.
2. INTELLECTUAL PROPERTY AND REPRODUCTION
The Customer may own and use the physical Costume purchased, subject to these Shop Policies and applicable law. Such ownership does not grant permission to reproduce the design or commercially exploit the Artist’s intellectual property.
The Customer shall not:
- Reproduce the Costume or commission copies of it, in whole or in part.
- Extract, copy, reconstruct, or distribute patterns, construction methods, design drawings, or technical documentation belonging to the Artist.
- Authorize third parties to reproduce the Costume or create unauthorized copies based on it.
- Claim authorship of the Costume or represent the Artist’s original design as their own.
Any licence or permission to reproduce, adapt, manufacture, or commercially exploit a design must be expressly agreed upon in writing by the Artist.
Nothing in this section restricts uses permitted by mandatory applicable law.
3. CREDIT AND ATTRIBUTION
When publishing or sharing photographs, videos, or other content featuring a Grimilde Malatesta creation, the Customer must identify Chiara Beatrice Vaccari / Grimilde Malatesta as the costume designer and maker, where appropriate to the context.
For online publications, the Customer shall provide clear attribution and tag the Artist’s official Grimilde Malatesta account where the platform supports tagging.
The Customer shall not falsely claim authorship of the Costume or knowingly permit others to misattribute the Artist’s work.
4. PROHIBITION ON AI TRAINING AND DATASET USE
The Customer shall not upload, submit, provide, license, distribute, or otherwise make available any Costume or materials depicting, documenting, or relating to a Grimilde Malatesta creation for the purpose of training, fine-tuning, testing, evaluating, or developing artificial intelligence (AI) or machine learning systems.
This prohibition includes, without limitation:
- The physical Costume and its distinctive design features.
- Photographs and videos of the Costume, whether created by the Artist, the Customer, a photographer, or another third party.
- Sketches, illustrations, patterns, technical documentation, and other materials relating to the design.
- The inclusion of such materials in datasets intended for AI training or development.
The Customer shall not knowingly authorize or facilitate the use of these materials by third parties for such purposes.
5. PROHIBITION ON AI-GENERATED CONTENT AND IMAGE MANIPULATION
The Customer shall not use AI tools, or authorize third parties to use them, to generate, reconstruct, reproduce, imitate, reinterpret, or create derivative visual content based on a Grimilde Malatesta creation.
This prohibition expressly includes:
5.1. AI-generated imagery
Generating new images, videos, illustrations, renderings, digital reconstructions, 3D models, or other visual content that reproduces, imitates, or reinterprets the Costume or its design.
5.2. AI-based modification of authentic photographs
Using AI to alter genuine photographs or videos of the actual Costume, including modifications to colours, fabrics, textures, shape, fit, construction details, decorations, or other visual features.
5.3. Generative editing
Using generative fill, inpainting, outpainting, image-to-image generation, AI-based restyling, background replacement, object removal or addition, or equivalent technologies to modify photographs or videos depicting the Costume.
5.4. Scope
These restrictions apply whether the resulting content is intended for private or public use, whether it is presented as authentic photography or artificial imagery, and whether the Costume itself or only part of the surrounding image is modified.
Ordinary photographic adjustments performed without generative AI, such as conventional cropping, exposure correction, and colour correction, are not prohibited by this section.
No permission to use a Grimilde Malatesta creation for AI training, dataset creation, AI-generated content, or AI-based image manipulation is granted through the purchase of a Costume. Any exception requires the Artist’s prior express written authorization.
6. MODIFICATIONS AND THIRD-PARTY ALTERATIONS
The Customer is responsible for ensuring that any physical alterations or modifications carried out by third parties are undertaken with appropriate care.
The Artist cannot be held responsible for defects, damage, or other issues resulting from alterations or repairs performed by third parties without the Artist’s involvement.
Any modification that materially changes the appearance of the Costume must not be misrepresented as an original design or alteration performed by Grimilde Malatesta.
7. BESPOKE AND MADE-TO-ORDER ITEMS
For bespoke or made-to-measure items, the Customer acknowledges that the Costume is created according to the specifications, measurements, and requirements agreed upon for that particular order.
The Customer is responsible for providing accurate measurements, required information, timely approvals, and any other materials or responses necessary for production.
Production schedules and delivery estimates are subject to the agreed terms and may be affected by delays in payments, measurements, approvals, communications, or the availability of materials.
Where a separate commission agreement has been signed, its specific provisions concerning payment schedules, production, fittings, delivery, cancellation, and other project requirements shall apply.
8. RETURNS, WITHDRAWAL, REFUNDS AND ALTERATIONS
Grimilde Malatesta is an independent artisan business producing original costumes and wearable artworks in limited quantities or on an individual basis. Returns and refunds are handled in accordance with the applicable law and the specific conditions set out below.
8.1. Bespoke and Personalized Items
Costumes made to the Customer’s measurements, specifications, or personal requirements, and other goods clearly personalized for the Customer, are not eligible for withdrawal for change of mind where the applicable law provides an exception for such goods.
The Customer is therefore expected to review the product description, specifications, measurements, materials, and agreed requirements carefully before placing an order.
8.2. Ready-to-Ship Items
For ready-to-ship items, any statutory right of withdrawal applicable to the purchase remains available in accordance with the applicable law.
Where a right of withdrawal applies, the Customer must comply with the relevant notification and return deadlines and return the item in accordance with the applicable legal requirements. The Customer may be liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the item, where permitted by law.
The Artist does not offer any additional voluntary return or exchange policy beyond the rights required by applicable law.
8.3. No Returns for Wear, Use or Change of Mind Outside Applicable Withdrawal Rights
Outside any mandatory statutory right of withdrawal, returns, exchanges, and refunds are not accepted merely because the Customer changes their mind, no longer wants the item, finds that it does not suit their personal taste, or wishes to purchase a different item.
The Customer is responsible for reviewing the product listing and any relevant measurements, photographs, descriptions, and specifications before purchasing.
8.4. Defects and Lack of Conformity
Nothing in these Shop Policies excludes or restricts any mandatory rights the Customer may have in respect of defective goods or lack of conformity under applicable law.
If an item appears defective or does not conform to the agreed description or requirements, the Customer must contact Grimilde Malatesta promptly by email, providing the order number, a description of the issue, and clear photographs where appropriate.
The Artist will assess the reported issue and inform the Customer of the applicable next steps. Any remedy, including repair, replacement, price reduction, or refund, will be determined in accordance with the applicable law and the circumstances of the case.
The Customer must not arrange repairs or alterations at the Artist’s expense without prior written agreement, except where otherwise required by applicable law.
8.5. Alterations and Third-Party Work
Where an alteration is requested for reasons unrelated to a defect or lack of conformity, it is not automatically included in the purchase price and may be declined or charged separately.
If the Customer chooses to have the item altered, repaired, or modified by a third party, the Artist is not responsible for damage or issues caused by that third party’s work, without prejudice to any rights the Customer may have concerning an original defect or lack of conformity.
8.6. Return Authorization and Shipping
Customers must contact Grimilde Malatesta by email before returning an item and follow the return instructions provided, where applicable.
Unless applicable law requires otherwise, the Customer is responsible for return shipping costs where the return results from a change of mind and a statutory right of withdrawal applies.
Where a return is required because of a defect or lack of conformity, responsibility for the associated costs and the available remedies will be determined in accordance with applicable law.
No provision of this section limits any mandatory consumer rights.
9. SHIPPING, CUSTOMS AND IMPORT CHARGES
Shipping costs, delivery estimates, and available shipping methods shall be specified or confirmed for the relevant order.
The Customer is responsible for providing a complete and accurate delivery address and any information reasonably required for shipping, including email and phone number.
Import duties, customs charges, and other destination-country charges may apply. Where such charges are legally payable by the Customer, the Customer is responsible for paying them in accordance with the applicable rules and the shipping terms agreed for the order.
The Artist is not responsible for delays caused by customs authorities or the courier that are beyond the Artist’s reasonable control. Any loss, damage, or delivery issue shall be handled in accordance with the applicable law and the agreed shipping terms.
10. CUSTOMER COMMUNICATION AND PRODUCTION DELAYS
10.1. Response Time
The Customer must reply within fifteen (15) calendar days to any email from Grimilde Malatesta that requires a response, decision, approval, measurement, confirmation, or other information necessary to proceed with the order.
The Customer is responsible for monitoring the email address provided when placing the order and for ensuring that messages from the Artist can be received. If a message is not received or cannot be accessed, the Customer must inform the Artist promptly once aware of the issue.
10.2. Effect of Delayed Responses
If the Customer fails to respond within fifteen (15) calendar days, the original production schedule and estimated delivery date shall no longer be guaranteed. Any subsequent schedule will depend on the Artist’s availability, the nature of the outstanding information, material availability, and the work already scheduled for other customers.
The Artist shall not be required to rearrange other projects or work outside normal working arrangements to compensate for delays attributable to the Customer.
10.3. Repeated Failure to Respond
If the Customer fails to respond to two (2) separate emails requiring action, each remaining unanswered for at least fifteen (15) calendar days, the Artist may cancel the order by written notice to the Customer.
Before cancellation, the Artist will send a final written notice explaining that the order may be cancelled if the Customer does not respond within a further reasonable period specified in that notice.
10.4. Financial Settlement Following Cancellation
If an order is cancelled under Section 8.3, the Artist will calculate the amount refundable to the Customer by taking into account:
- Payments received from the Customer.
- The value of work actually performed up to the cancellation date, including design, research, preparation, pattern drafting, construction, and documented administrative work reasonably attributable to the order.
- Materials purchased specifically for the order that cannot reasonably be returned, reused, or recovered.
- Any other direct, documented, and legally recoverable costs resulting from the Customer’s failure to respond.
The Artist will provide an itemized explanation of any deductions and refund the remaining balance, if any, in accordance with applicable law.
No deduction shall be made where prohibited by mandatory applicable law. Any amount retained must be reasonable, proportionate, and supported by the work performed or costs incurred. The Customer shall not be charged twice for the same work or expense.
10.5. No Waiver of Mandatory Rights
This section does not exclude or restrict any mandatory consumer rights, including statutory withdrawal rights, remedies for lack of conformity, or any other rights that cannot lawfully be waived or limited.
Where a separate written commission agreement contains additional provisions concerning customer response times, suspension, cancellation, or refunds, those provisions shall also apply to the extent that they are consistent with mandatory applicable law.
11. GOVERNING LAW
These Shop Policies shall be governed by the laws of Italy, without prejudice to any mandatory provisions of applicable law that cannot lawfully be excluded or waived, including mandatory consumer protection rights.
Any dispute shall be handled by the competent courts determined under the applicable rules of jurisdiction. Nothing in these Shop Policies excludes or restricts a consumer’s right to bring proceedings before a court where such right is granted by mandatory applicable law.
12. ACCEPTANCE OF THESE POLICIES
By placing an order through the Grimilde Malatesta online shop, the Customer acknowledges that these Shop Policies form part of the terms applicable to the purchase.
The Customer’s purchase of a Costume does not grant any additional intellectual property licence beyond the rights expressly stated in these Shop Policies or separately authorized in writing by the Artist.
These Shop Policies apply in addition to any mandatory legal protections and rights applicable to the transaction.