Terms & Conditions
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS who will also be applicable to all orders for products and works (hereafter the Products) placed via the internet site http://www.artwareeditions.com (hereafter the “Site”), which is the property of Artware Editions, LLC (hereafter Artware), with headquarters at 14 Horatio, NYC, NY, e-mail: email@example.com.
Any order placed implies the full and unreserved acceptance by the client (hereafter the Client) of these general terms, even if they conflict with his/her own general terms. To place an order, the Client must be legally capable and, in particular, have attained the age of majority.
No waivers to these general terms are valid except by written agreement from Artware. Any waiver granted by Artware to these general terms does not invalidate other provisions of these general terms, which remain applicable.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, Application updates, and other material (collectively the Content) is owned or licensed property of Artware or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Artware. Artware and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
The Site may only be used for lawful purposes. As a condition of your use of this Site, you warrant to Artware that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions whether on behalf of yourself or on behalf of any third party.
Artware gives no warranty that the site content is appropriate, available or permitted for use in all locations, that is virus free or as to its inter-operability with any hardware, software or as to Client’s ability through this site to access or interact with any other service providers, networks, users, or informational or computing resources through the internet. Those who access this site and use site content and/or services are responsible for compliance with all applicable law and regulations.
Although Artware has attempted to verify the accuracy, reliability and currency of all site content, Artware gives no warranty as to the accuracy of any statements in this site, nor does it gives warranty that functions or services available through and other user interactions with the Site will be constantly available, uninterrupted, secure or error-free, that defects will be corrected or that this Site or the server that makes it available are free from viruses or other harmful components. Artware assumes no responsibility, and is not liable for, any damage to (or loss of data from), or viruses that may infect, your computer equipment or other property on account of your access to, or use of this Site including downloading any images, software or other Site Content. If use of Site Content results in the need for servicing, repair or correction in equipment or data, the Client assumes all costs in that regard.
You may be required to register with Artware in order to access certain services of the Site. You certify that the information you provide on the Site is accurate and complete. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Artware including those set forth in these Terms & Conditions, Artware reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
THIRD PARTY SITES
References on Artware to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Artware is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from the Site is at your own risk and will be governed by such third party’s terms and policies.
PRICES / DUTIES / TAXES
All prices are quoted in US dollars. Artware may change prices at any time. The Products are billed at the price at time of order. The price indicated in the order summary is the total price payable by the Client, including value added tax and the cost of delivery. Additional charges such as charges of any authorities or otherwise required by applicable law may be charged in addition to the Products price and will be indicated to you prior to placing the order on the site or communicated to you by Artware and will also be set out in the invoice sent by e-mail. However when ordering products from Artware for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
The invoice will be sent by email and with the package.
The Products remain the property of Artware until full payment of the order.
The payment of purchases will be effected on the Site using STRIPE and PAYPAL.
Full payment will be considered to have been made upon confirmation of payment by the bank or payment agency.
The terms and conditions of the promotional coupon will apply in addition to these terms. Promotional codes are not redeemable for cash.
ORDER & CONFIRMATION
Product orders are made on the Site after the Client has entered his/her contact and delivery details. During the checkout process which precedes payment the Client has the option to abandon or modify his/her order. By placing an Order, you make an offer to us to purchase the Products you have selected on these Terms. We may or may not accept your offer at our discretion. Any contract is dependent and conditional upon Artware’s verification of availability and confirmation of both your order and your credit card or other payment details. Artware may in its sole discretion accept or reject orders, or advise you of its inability to process orders. Artware reserves the right to prioritize orders and to allocate limited stock between orders as it deems fit. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Product(s).
We will send your order confirmation to you by e-mail. If we cannot accept your order we will contact you by email or telephone. We maintain records of orders and order confirmations and retain these for a reasonable period following delivery. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order confirmation, payment method acceptance and invoice as evidence of purchase.
Artware reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or delivery address. Artware also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Artware for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Product(s) will be held in the cart for 3:00 minutes. Artware is not responsible for item(s) released from hold or lost from the cart.
The perfect representation of the Products on the Site cannot be guaranteed, particularly given the differences in color rendering by internet browsers and/or display monitors. Artware cannot be held responsible for the accuracy of reproductions on the Site. Every effort is taken to ensure that the Products supplied correspond as closely as possible to the representations in our Website, but they may vary due to unique and characteristic variations of natural materials and methods of reproduction. We are not responsible for any such variations, which add to the unique quality of the Product. However, all our Products are manufactured to the same high quality standards. Differences between the Products delivered and those represented on the site or between the same delivered Products, if they affect neither the essential characteristics of Products nor their quality, cannot justify the cancellation of the order, nor a refusal to take delivery, nor a non-conformity declaration regarding the Products.
RECEIPT AND NON-CONFORMITY
The Client is required to verify the condition of the purchased item upon receipt of the package. To do this, the Client must undertake, upon delivery, all examinations needed to detect any damage, omissions, flaws or other apparent defects, or discrepancies between the Products delivered and the order. The Client must in particular verify the state of the packaging, the number of packages and the Products with reference to quantity, their state and their characteristics. In case of complaints, the Client must also contact the services of Artware’s transporter. For his/her complaint to be accepted the Client must:
- Enter on the delivery note his/her specific and justified complaints in the case of damage or missing items. General comments such as “subject to unpacking” are insufficient;
- Confirm his/her complaints regarding missing or damaged items and make any other complaints by registered letter with acknowledgment of receipt, and by email (firstname.lastname@example.org) to client service at Artware, within 10 days, excluding holidays, following delivery;
- Confirm his/her complaints regarding missing or damaged items by registered letter with acknowledgement of receipt to the transporter within 10 days, excluding holidays, following delivery, with a copy of this claim to Artware.
The Client must also be able to demonstrate the authenticity of his/her claims and provide Artware, its transporters or any person authorized by them, every opportunity to verify them, the Client being prohibited from intervening or mandating a third party to intervene for this purpose. Claims accepted will lead to the exchange of defective or non-conforming Products, or their refund in the event of unavailability of the Product in stock. The returned Product must be handed over to Artware’s transporters in the same condition as when received in its original packaging and complete with all its accessories. No returns undertaken without Artware’s agreement will be accepted.
Delivery of the goods will be made to the delivery address indicated when ordering. Products will be delivered all over the world by a reputable carrier. However if Artware cannot select appropriate means of delivery, Artware will contact you by email or telephone. Deliveries are made within the indicative period specified when ordering. However, excluding force majeure, Artware agrees to make delivery within 30 days following order confirmation unless Product(s) are clearly marked with an additional lead-time. If the package cannot be delivered, the delivery service provider will leave notification. It is up to the Client to comply with the instructions provided in order to receive the package within the time limit. Artware is not responsible for lost or stolen packages left by couriers.
Apart from the right of withdrawal, or in the case of force majeure, any cancellation of the order placed by the Client will result neither in the refund of amounts already paid nor in any compensation whatsoever. In the case of cancellation of the order by Artware, it will refund the Client the amounts already paid by him/her for the order in question, it being understood that this will not leave it liable for compensation claims.
Artware is under a legal duty to consumers to supply Products that are in conformity with the description of such products by Artware herein and in its official product descriptions. If your Product is or becomes faulty through no fault of your own then you may be entitled to a refund, repair or replacement of your Product. If you have a complaint about the service that Artware has provided then please contact us to: email@example.com.
The Products are offered subject to availability. In case of unavailability after order placement, Artware agrees to notify the Client via email as soon as possible. The Client may then request a substitute equivalent product or cancellation of the order by contacting client service via the address: firstname.lastname@example.org.
RIGHT OF WITHDRAWAL
The Consumer who, in a private capacity, places an order on the site, has the right to cancel his/her order, without penalty and without giving reasons, within 14 calendar days from the day after the day of the delivery of the Product(s) unless said Product(s) are clearly marked as final sale. To exercise his/her right of withdrawal, you must inform us by e-mail: email@example.com. You may use the model withdrawal form, but it is not obligatory. We will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired. The exercise of the right of withdrawal by the Client implies for him/her an obligation to return, at his/her own expense, the Product(s) in the same condition as when received accompanied by the original packaging and documentation within a maximum of 7 working days following the expiration of the period of 14 days, by courier service, guaranteeing the proper delivery of the Product(s). We will reimburse all payments received from you for the goods purchased no later than 14 days from the day on which we received the above communication; however we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. We will use the same means of payment, for reimbursement, as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. The right of return for any reason does not apply if you do not purchase Products as a consumer.
Neither party shall be liable for failure to perform all or part of its obligations if such non-performance is due to unforeseeable circumstances or to force majeure such as, but not limited to, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout. The parties agree that they will consult promptly to determine together how to execute the order during any period of force majeure. These Terms set out the full extent of Artware obligations and liabilities in respect of the supply of, or failure to supply, Products. Artware is not liable to you (or any other parties):
1. for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases), except in the event of damages that result from Artware’s gross negligence or intent as well as in the event of health dangers, life dangers and bodily injuries. The liability according to the product liability law remains unaffected.
2. for (i) inability to order Products via this site, or (ii) damages which occur due to unauthorized access by a third party to your Order account.
The Products on the Site, regardless of their mode of reproduction, as well as all logos, trademarks, photographs and models appearing on the Site are the property of Artware, and are reserved under copyright as well as with respect to intellectual property. Any partial or complete reproduction of these Products, works, logos, trademarks, photographs and models, regardless of the medium, for ends commercial or non-commercial, profit-making or voluntary, is prohibited without the consent of Artware or the holders of the trademarks or rights attached to the works or graphic representations.
An order implies no assignment or grant of intellectual property rights whatsoever, unless expressly stated.
When, under the application of a law or regulation, or after a final decision of a competent jurisdiction, one or more provisions of these general terms are held to be invalid or declared as such, this will not affect the remaining provisions of these general terms, which will remain in effect. Where applicable, the parties will negotiate in order to agree on one or more provisions that will achieve, as far as possible, the objective of the invalid provision(s). No failure or delay by either party in the exercise of a right or remedy available to it under this contract or applicable law constitutes abandonment thereof. The waiver of any right or remedy will take the form of a document from the waiving party.
GOVERNING LAW AND JURISDICTION
The sale of Products and these Terms shall be governed by and construed under the laws of Belgium. For all disputes, Clients submit to the exclusive jurisdiction of the Courts of Belgium. However, if you are a consumer located in the EU, this does not affect your statutory right or prevent you from submitting a dispute under the law of and in the country where you are resident.