1. LICENSE TO USE THE SITE AND SERVICES
ARTLESS grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services, and the texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials (“Content”) thereon, for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of ARTLESS. You may download one copy of Content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution, and other notices contained in such Content, including, without limitation, trademarks and service marks of ARTLESS and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including, without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of ARTLESS. Any images of artworks on the Site or Services are provided for use only in the context of the Site or Services, and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to ARTLESS.
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine, or device including, but not limited to, spamming, hacking, or uploading computer viruses, trojan horses, time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy ARTLESS’s Site, Services, or any content contained thereon or for any other purpose without ARTLESS’s prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on ARTLESS’s infrastructure.
The Content, Site, and Services are protected by the United States and international intellectual property laws including, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). ARTLESS or its licensors own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of ARTLESS and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of ARTLESS is strictly prohibited.
Licence to use this website is granted limited to the following: You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
Without express consent you must not:
republish material from this website (including republication on another website);
sell, rent or otherwise sub-license material on the website;
reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
use our website for any purposes related to marketing without our express written consent.
use our website to copy, publish or send mass mailings or spam.
use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under United States and other applicable law.
All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
3. TERMINATION OR CHANGE TO SITE OR SERVICES
ARTLESS shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including, but not limited to Content, features, and hours of availability, without further notice to you. ARTLESS may also impose limits on certain features and services, or restrict your access to parts or all of the Site or Services with or without further notice or liability. You agree that ARTLESS may terminate your use of this Site and Services, cancel your user registration, remove your Communications (as defined below), and/or exercise any other remedy available to it, if ARTLESS reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of ARTLESS or any third party, or for any reason, with or without notice to you. You agree that ARTLESS will not be held liable to you or any third party as a result thereof.
4. ARTLESS 'S RIGHTS TO MATERIALS PROVIDED BY USERS
By sending messages to ARTLESS, or by otherwise providing information or communications to ARTLESS (individually or collectively "Communications") to or within the Site or Services, you grant to ARTLESS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in these Communications for any purpose and in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve any use by ARTLESS of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against ARTLESS for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. You agree and understand that ARTLESS is under no obligation to use any Communications submitted by you on the Site or in any way.
You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to ARTLESS, or that you have sufficient rights in and to the Communications to grant to ARTLESS the above license.
5. NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL
You acknowledge that Communications to and from the Site and any Services are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to ARTLESS or the Site or Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and ARTLESS, any ARTLESS affiliate, or subsidiary other than pursuant to these Terms. ARTLESS shall not be responsible for the payment of any money to any party in connection with ARTLESS's use of Communications submitted by you to the Site.
You agree that ARTLESS has the right, but not the obligation, to monitor your Communications on the Site or Services at any time, for any reason, in its sole discretion, to determine compliance with these Terms and any other rules, policies, or guidelines that ARTLESS may establish. Notwithstanding this right, ARTLESS does not and cannot review all materials posted to the Site or Services by users. ARTLESS reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication, in whole or in part, in its sole discretion, including, without limitation, as may be necessary to comply with any law, regulation, government or agency request, or if, in ARTLESS's sole discretion, such materials are objectionable or in violation of these Terms. ARTLESS has no liability or responsibility to users or any other person or entity for performance or nonperformance of the aforementioned screening activities.
6. COPYRIGHT POLICY
6.1. Copyright of the products
Upon purchase, copyright in the Product remains the property of the Artist. You may not produce any image of the Product and may not, at any time, publish or submit for publication or reproduction any image of the Product to any third party, including any internet website for any purpose.
If you breach any of your obligations under paragraph 6.1. you agree that: (a) the payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach; (b) we may, and the Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and (c) we may, and the Artist may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
6.2 Claims of Infringement
ARTLESS respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, ARTLESS will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide ARTLESS’s Copyright Agent the following information:
6.2.1. DMCA Notice of Alleged Infringement (“Notice”):
Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
Lexyom or Obcido legal department
ARTLESS By Obcido
99 Wall Street, Suite 3040, New York, NY 10005
Phone number +1 (917) 387-4876
While ARTLESS considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
You agree to indemnify, defend, and hold harmless ARTLESS, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any kind related thereto (including, without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from: (i) your use of, or inability to use, the Site or Services, (ii) any negligence, willful misconduct, or any breach of these Terms, including, without limitation, breach of any warranty, covenant, or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. ARTLESS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action, or other matter, without the prior written consent of ARTLESS.
8. DISCLAIMER OF WARRANTIES
ARTLESS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Content, Site, or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. ARTLESS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
The site and services, including all content, software, functions, materials, and information made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever expressed or implied, including, without limitation, non-infringement, merchantability, or fitness for a particular purpose.
Certain content may be considered objectionable by individual users. And this site is intended for people over the age of 18.
Neither ARTLESS nor its content providers warrant that the functions, features, or content contained in the site or services will be uninterrupted, accurate, or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components. If your use of this site or services results in the need for servicing or replacing property, material, equipment, or data, artless is not responsible for those costs.
If you are dissatisfied with the site or any services, your sole and exclusive remedy is to discontinue using the site and/or services.
9. LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES
ARTLESS is not liable for any lost data resulting from the operation of the ARTLESS Site, provision of Services, and/or the enforcement of the Terms. ARTLESS urges all users to maintain their own back-up versions of any Communications they provide for submission to the Site or Services.
ARTLESS disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. ARTLESS is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Site or Services.
UNDER NO CIRCUMSTANCES SHALL ARTLESS, ITS SUBSIDIARIES, AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS, THE CONTENT, THE SITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ARTLESS, ITS SUBSIDIARIES, AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS, THE SITE, OR ANY SERVICES EXCEED, IN THE AGGREGATE, US$100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. NON-UNITED STATES RESIDENTS
Those who choose to access this Site or Services from other locations outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. ADDITIONAL REMEDIES
You agree that monetary damages may not provide a sufficient remedy to ARTLESS for your violation of these Terms, and, accordingly, you acknowledge and agree that ARTLESS is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to ARTLESS under these Terms, at law, or in equity. ARTLESS may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. ARTLESS is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
The provisions titled "Ownership," "Termination or Change to Site or Services," "ARTLESS's Rights to Materials Provided by Users," "Copyright Policy," “User Conduct,” "Indemnification," "Disclaimer of Warranties," "Limitation of Liability, Exclusion of Damages," “Non-United States Residents,” "Additional Remedies," "Survival," and "General Provisions" will survive termination of these Terms, together with all other terms and conditions that by their nature or context are intended to survive termination.
13. GENERAL PROVISIONS
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Any claim, controversy, or dispute between the parties, their agents, employees, officers, directors, or affiliated agents will be resolved by arbitration conducted by a single arbitrator engaged in the practice of law, under the then-current rules of the American Arbitration Association ("AAA"). The arbitrator's award will be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration will occur in New York City, NY. Nothing in this Section is intended to be construed to preclude any party from seeking injunctive relief to protect its Intellectual Property Rights. A request by a party to a court for such injunctive relief will not be deemed a waiver of the obligation to mediate. These Terms constitute the entire agreement between you and ARTLESS with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No section of these Terms shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. No waiver by either you or ARTLESS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to ARTLESS must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
14. ARTLESS NEWSLETTER SUBSCRIPTION AGREEMENT AND TERMS OF SALE
The newsletter Subscription Agreement and Terms of Sale (hereafter, the "Agreement") governs your use of ARTLESS products and services more fully described below ("Products"), and creates a legally binding agreement between you and ARTLESS BY OCBIDO ("we," "us," "our," or "ARTLESS"). By checking the box marked “I accept ARTLESS Terms and Conditions” at the bottom of the registration page, you accept and agree to be bound by this Agreement.
Any changes to this Agreement will be effective upon posting of the revisions to our website. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. You are responsible for reviewing our website and any applicable changes. These Terms were most recently on the date in the heading above. Changes to this Agreement may be posted on our website without notice to you. Your continued use of our products and services following our posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement, or any revised version of this Agreement, do not continue to use ARTLESS products.
These terms and conditions apply:
so far as the context allows, to you as a visitor to Our Web Site; and
in any event to you as a buyer or prospective buyer of our Products.
Products advertised may not be available.
We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall dispatch your order.
All descriptions, weights and sizes of Products s are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
Your agreement is entered is with us, not our artists. You may not under any circumstances correspond with or communicate with our artists regarding sales of Products, returns, commissions or refunds.
14.1. DEFINITION OF PRODUCTS AND SERVICES
ARTLESS offers a variety of products and services. Below is a definition of all products and services available on the ARTLESS Site, and which are included in the term "Products." Pricing and other details about a Product are set forth on the product page for the applicable Product on our website; and such pricing and other details are expressly incorporated by reference into the terms of this Agreement.
14.1.1. REPRODUCTION ACCURACY
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
All Product prices are listed on each product page and the Checkout page. You agree to pay the price for the Product indicated on these pages at the time of purchase. The purchase price of the Product is determined by us. It is stated in US dollars and excludes shipping costs that will be specified during the shopping cart confirmation.
We take all reasonable care to ensure that the prices of Artworks are correct at the time when the relevant information was entered onto the system. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
At the time of purchase, you need to provide accurate information regarding your identity and billing details, and you must certify that you are over 18 years of age and legally able to enter into a valid and binding agreement with ARTLESS. Your purchases of any ARTLESS product will be billed in the currency of the country listed in your credit card billing address.
Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Artworks have been dispatched (Dispatch Confirmation). You will then be charged the price for the Product purchased plus delivery charges.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 14, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Artworks, we will refund you the full amount including any delivery costs charged as soon as possible.
You can pay for Artworks in either of the following ways:
Using a debit or credit card. If paying by debit or credit card, you shall be charged after a delay of 5 days from when we confirmed the order.
(b). By bank transfer. If paying by bank transfer, payment for purchases shall be made to ARTLESS's account. The transfer must be made within 5 business days from the date of order. Banking charges by the receiving bank on payments to us will be borne to you.
14.4. TITLE AND RISK
As soon as the purchase price is paid in full, you will become the legal owner of the Product and, upon such payment, you will be responsible for the Product and the risk of damage to or loss of the Product will pass to you.
You are responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties, whether international, national, state, or local, however designated, which result from the purchase of our Products. When ARTLESS is required to collect such taxes from you, ARTLESS may charge applicable taxes at the time of sale. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. If an error has been made in the amount of taxes collected by ARTLESS with respect to your purchase, we reserve the right to process an additional charge in order to meet our obligations to collect such taxes in the correct amount as required by applicable law.
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from outside of your territory, you may need to pay import duties upon receipt of the products. ARTLESS DOES have any control over these charges and we cannot predict their amount.
14.6. SECURITY OF PAYMENT
Although ARTLESS uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. ARTLESS cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
14.7. MODIFICATION OF PRICING AND BILLING TERMS
We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the Products, or charge taxes applicable to the sale of our Products. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.
We reserve the right to modify the prices and charges at any time.
14.8. BILLING CURRENCY
Products are advertised in US dollars.
This currency is only used for advertisement purposes, and your purchases of any ARTLESS product will be billed in the currency of the country listed in your credit card billing address.
Euro (EUR/€) if your billing address is in the European Union
British pound (GBP/£) if your billing address is in the United Kingdom
United States dollar (USD/$) if your billing address is in the United States or other countries not otherwise defined
Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
When purchasing ARTLESS Products on the Site, your credit card billing address will affect the currency and price of your order. The price listed on the website is in US dollars but you will be charged in the currency stated above.
14.9. DISPUTE OF CREDIT CARD CHARGES
If you have a disagreement regarding a credit card charge, you may contact the ARTLESS customer support team in writing within 90 days of the date of the initial credit card charge. You agree that ARTLESS is not liable for any charges or errors not reported within such 90-day time frame; and you expressly waive any right to dispute a charge to your credit card if you have not contacted ARTLESS customer support in writing with respect to any disputed charge within such period.
14.10. FORCE MAJEURE
Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control shall not be deemed a breach of this Agreement. An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a sale: we will contact you as soon as reasonably possible to notify you; and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Following placement of your order we will send you an email to confirm the estimated delivery date.
Deliveries will be made to the address stipulated in your order. You must ensure that someone is present to accept delivery.
Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14.10 for our responsibilities when this happens.
If we are not able to deliver your Products within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us.
You own the Artworks once we have received payment in full, including all applicable delivery charges.
14.12. RETURNS AND REFUNDS
Your legal right to cancel an order for a Product starts from the date when we confirm despatch. Upon said confirmation, you have 14 days to exercise your right of withdrawal, without having to justify reasons or pay a penalty. To cancel an order, you just need to let us know that you have decided to cancel. The easiest way to do this is via Email or by writing to us. If you use e-mail we will e-mail you to confirm we have received your cancellation. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
The following conditions apply:
(a) All correspondence regarding the return of Goods shall be carried out between You and Us. You may not contact any artist directly for any reason.
(b) You must tell us you wish to cancel within 14 days of ordering the Products
(c) The Products must be returned to the Artist within 30 days of delivery.
(c.1) Products are to be returned in original condition in original, undamaged packaging, and securely wrapped.
(c.2) Products are to be returned at your risk and cost. The cost of returning the item is to be paid by the You.
(d) After our artist has received the Product, we will credit your credit or debit card you used to pay or your bank account with the full purchase price of the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop
When return goods are received in accordance to the above criteria, we will refund the value of your order.
We reserve the right to refuse any returns which are damaged or do not comply with the above listed criteria.
If you have returned the Artworks to us under this clause because they are faulty or mis-described, we will refund the price of the Artworks in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
14.13. UNDELIVERED ORDERS
Our shipping partners will attempt several deliveries, but if your order is returned to us through no fault of our own, you will be responsible for the extra delivery charge to cover the second delivery attempt, before we can send your order back out to you.
If you refuse to accept the delivery, the package will be returned to us. If you wish a refund, you will still need to notify us. In this case, shipping costs or other fees will not be returned.
14.14 OUR LIABILITY IF YOU ARE A CONSUMER
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16. NO WAIVER
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
17. DISPUTE RESOLUTION
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
18. GOVERNING LAW
This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the State of New York, without reference to the principles of conflicts of laws thereof, and of the United States applicable therein. You consent to the jurisdiction of the courts of the State of New York or, if subject matter jurisdiction exists, by the United States federal courts, with venue in the County of New York (in the case of state court) or in the Southern District of New York (in the case of federal court) to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.