Terms and Conditions Policy
This website is owned and operated by WIX x Cristian Lanfranchi (*the Artist). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a selection of artworks created by the artist. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
Return and refund policy
For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: customer will be responsible for return shipment of the product to us.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranties & responsibility for services and products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment costs of the product to us.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the Artist. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognise and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective
period for which you have already made payment
You agree to indemnify and hold the Artist harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Artist, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, the Artist assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the European Union, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info
Terms are expected to have contact information enabling users and customers to receive customer support services and to correspond with the website and its operators.
Your promise to us
You agree that in using the Site you will not:
use the Site or any of its Content (as defined below) for any unlawful purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
transfer files which contain viruses, trojans or other harmful programs or use the Site or any of its Content (as defined below) in any way that interrupts, damages, impairs or renders the Site less efficient; or
use the Site for any purpose other than your personal or not-for-profit educational use.
Rights granted and rights reserved
All content available on the Site including, but not limited to, text, graphics, logos, button icons, images, audio and video clips, data compilations and software, and the compilation thereof (the "Content") is the property of us, our affiliates, our partners or our licensors, and may be protected by European and international copyright and other similar laws. Your use of the Site and the Content grants no rights to you in relation to our or any third party's intellectual property rights in the Site and the Content.
We have endeavoured to trace all copyright holders and gain permission for use of the Content on this Site. We invite any information concerning copyright and if you consider that you are the copyright holder in respect of any Content on the Site and we have not obtained your permission please contact us.
You may not copy, reproduce, republish, download, print, post, perform, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Site pages, any Content or the computer codes of elements comprising the Site. You may however view the Site and access its Content in an unaltered form (for the avoidance of doubt, alterations shall include stretching, compressing, colouring, cropping or altering in any other way so as to distort Content from its original proportions or format) for personal or not-for-profit educational use and make temporary downloads of its Content solely for the purpose and duration of viewing and (where applicable) listening to the Content, provided that you keep intact all copyright notices and otherwise acknowledge the copyright in such Content. We may withdraw this right on notice to you at any time.
Emails from us
Submissions We welcome inquiries or feedback in relation to the Site and/or its Content. However, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding this policy, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.
If you make a Submission, you promise that you own or otherwise control the rights to your Submission. You further promise that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to compensate us in full for any third party claim which is related to any Submission you provide.
Links to and from other websites
You may establish links to the Site provided you:
do not remove or obscure any copyright notice or other notices on the Site;
do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
do not establish a link to our Site in any website that is not owned by you;
give us notice of such link by emailing us.
immediately stop providing such links upon request from us; and
do not establish embedded links (i.e. direct links to Content on the Site which do not show the rest of the page(s) on which such Content would normally be seen on the Site).
Links within the Site may lead to third party websites which are not under our control. These are intended for your ease of reference and convenience only. We do not control or endorse such websites and are not responsible for their contents. We assume no responsibility for and shall not be liable for any loss or damage which you may suffer by using such websites. You agree that you will not involve us in any dispute between you and any third party in respect of such websites.
The Site may contain Content which some users may find offensive, controversial or distasteful, and/or which is only suitable for adults. If you are a parent, it is your responsibility to ensure that the Site and/or its Content is suitable for your child to view. We recommend that under 18s are supervised when accessing the Site. You should not access Content on the Site if you think you may be offended by it.
Limits on Liability
We are not liable for business losses. We only supply the Site for private use. If you use the Site for any commercial or business purpose we will have no liability to you for any loss or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Site; or (ii) use of or reliance on any Content. In particular we will not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Site and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
Whilst we use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Site itself will be free from errors or omissions. We do not promise that the Site will be available uninterrupted and in a fully operating condition.
Access to the Site or any part of it may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
You agree to compensate us in full for any loss, damages or costs, including reasonable legal fees, which arise if you breach our or any third party's intellectual property rights in connection with your use of the Site and/or any Content, or which result from your use of software robots, spiders, crawlers or similar data gathering and extraction tools, or from any other action you take that imposes an unreasonable burden or load on our infrastructure.
It is important for you (as an individual who provides us with Personal Data) to understand how we use (or “process”) Personal Data, including that which we collect about you during your visit to this Website and our other websites, and which we process more generally pursuant to this Policy.
1 Personal Data Collection
The types of Personal Data we collect and process may include:
(1) basic information (name, address, date of birth, nationality, gender, etc) (2) contact information (address, telephone, and e-mail addresses) (3) financial information (certain limited bank account or credit card details) (4) website information (IP address, location information, weblogs etc)
Sensitive Personal Data is neither requested nor collected by us generally. Sensitive Personal Data includes for example information relating to race or ethnic origin, religious beliefs, and health. If you do provide us with Sensitive Personal Data because we have agreed between us that such disclosure is necessary, you must also explicitly consent to us using it for the purposes for which it has been provided.
Cookies and Google Analytics
Cookies are small pieces of information stored by your browser on your computer's hard drive. If you want to know more about cookies and how they work, please refer to the following websites: allaboutcookies.org and youronlinechoices.com If you are a registered user of the Site, we will use a cookie for the duration of your visit to the Site for the purposes of allowing you to save items so that you can find them again easily. After you close your browser, this cookie will expire.
Through our Website we store the IP addresses of users in order to increase the session security. The IP address is only logged when you put something into your basket. If you return to the Website you are not identifiable until the point when you log-in as a registered user with an active account.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. Unless you do this, cookies will be issued when you use our Site, but you can delete them via your browser at any time. If you do not accept cookies, or decide to delete them, you will still be able to access and use the Site but you won't be able to save any items. You can also install the Google Analytics Opt-Out Browser Add-On to prevent Google Analytics cookies being set.
2 Personal Data Use
1. facilitating client projects, customer orders for goods and services, customer and guest visits, reservations, bookings, cancellations and refunds, and for the purposes of responding to any related comments, questions and other interactions; and
In accordance with the GDPR, we have identified below the relevant lawful basis for the processing of various types of Personal Data for different purposes:
(1) We are entitled to process Personal Data, including basic customer details, as required in order to fulfil our obligations under any order or purchase you make, or in advance of that contract.
(2) We may process Personal Data on the basis that it is in our legitimate interests and/or the legitimate interests of a third-party to do so. We have a legitimate business interest for example in offering services, projects and products to customers and clients, and in undertaking such work when agreed, and our customers and clients likewise have a legitimate interest in receiving the same. We may also process Personal Data on the basis that it is necessary for our legitimate interests in the effective management and running of the business, which may include, but is not limited to: engaging suppliers, ensuring that systems and premises are secure and running efficiently, for legislative compliance, auditing and reporting, for insurance purposes, and to protect our legal rights. We are satisfied that all such processing is not unwarranted because of any prejudicial effect on your rights and freedoms or your legitimate interests.
(3) In certain circumstances, we may process your Personal Data in order to comply with our legal obligations. This includes processing Personal Data for tax and accounting purposes and to fulfil our statutory obligations.
(4) Where you have provided your consent, we may also use your Personal Data to tell you about our products, promotions and special offers that may be of interest to you. This may include receiving such further information by telephone, email, SMS and other forms of electronic communication as approved by you at the time you gave us your consent. However, these decisions may be reversed at any time by opting-out of such communications or by emailing us, and we will process your request as soon as possible.
3 Transfers of Personal Data to Third Parties
Such third parties may be located in countries both inside and outside the European Economic Area ("EEA"). Although countries outside the EEA may not require the same level of protection of Personal Data as those within the EEA and as is the case in the UK, we always demand that our third party processors adhere to the same procedures that we follow ourselves with respect to your Personal Data and that adequate safeguards are in place in advance of any transfer outside the EEA.
We may disclose any information, including Personal Data, we deem necessary to comply with any applicable law, regulation or governmental request.
4 Protecting Personal Data
We implement various security measures to protect the security of your Personal Data.
In connection with payment processing which is managed by our financial fulfillment house, we only record the last four digits of any credit cards (including to enable us to process refunds) and do not store security codes or issue/expiry. Your Personal Data will be processed by the financial fulfillment house outside the EEA, though subject to adequate safeguards as noted above in this Policy.
We have security arrangements in place to guard against unauthorised access, improper use, alteration, destruction or accidental loss of your Personal Data. In accordance with the GDPR, we take appropriate organisational and technical security measures, including specific information security standards for the protection of Personal Data.
5 Your Rights and Responsibilities
We will take reasonable steps to create an accurate record of any Personal Data submitted through the Website or otherwise processed by us. However, we do not assume responsibility for confirming the ongoing accuracy of your Personal Data and so please let us know if corrections and updates are required.