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Terms of Sale

These terms and conditions regulate the business relationship between you and us. By using Passionartly in any way, or by buying from us, you agree to be bound by them.

We are:
Passionartly SARL
151 rue d Esch
l-3922 Mondercange
LUXEMBOURG

You are: our Artist / our Customer / a Visitor

1. Definitions

In this agreement:

“Passionartly” means the entire computing hardware and software installation that is or supports our website.
“Artwork” means any of the products we offer for sale on our web site
“Content” means information in any form published on Passionartly.com by us or any third party with our consent.
“Visitor” means anyone viewing Artwork on Passionartly.com
“Customer” means anyone purchasing Artwork on Passionartly.com
“Artist” means anyone exhibiting and selling Artwork on Passionartly.com

2. Our contract with you

2.1. These terms and conditions apply:
2.1.1. so far as the context allows, to you as a visitor to Passionartly; and
2.1.2. in any event to you as a Customer or prospective Customer of our Artwork.
2.2. Artwork advertised may not be available.
2.3. We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase. That is when our contract is made. It is possible that the price may have increased from that posted on our web site due to the transport cost agreed between the Customer and the Artist.
2.4. We may change these terms from time to time. The terms that apply to you are those posted here on Passionartly on the day you order Artwork.
2.5. All descriptions, weights and sizes of Goods are those of the Artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6. If the Artwork you order are not available, we may offer you alternatives by the same Artist. If this happens you may:
2.6.1. accept the alternatives we offer;
2.6.2. cancel your order;
2.7. If we owe you money (for this or any other reason), we will credit your credit your account as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

3. Price and Payment

3.1. You must pay us the full price of your order before the Artist will send any part of it.
3.1.1. We accept payment by Personal Bank transfers or PayPal.
3.2. All other charges relating to payment in a currency other than Euro will be borne by the Customer.
3.3. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4. Delivery

4.1. Deliveries will be agreed directly between the Customer and the Artist. Passionartly accepts no responsibility for the delivery.

5. Returns and refunds

Because the Customer is buying the Artwork online, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
5.1. All correspondence regarding the return of Goods shall be carried out between the Customer and the Artist. You will need to inform Passionartly as soon as possible
5.2. The Customer must inform Passionartly of your wish to cancel within 14 days of your receipt of the Artwork – depending on the local legislation in force.
5.3. In any event, the Customer may not cancel orders for artworks commissioned from the Artist.
5.4. The Goods must be returned to the artist within 21 days of delivery:
5.4.1. with both goods and all packaging in their original condition;
5.4.2. securely wrapped;
5.4.3. including our delivery slip;
5.4.4. at your risk and cost.
5.5. After our Artist has received the Artwork, we will credit with the full purchase price of the goods returned no later than 30 days from the date of receipt;
5.6. If you do not return the Artwork to the Artist, the Customer is still liable to us for the cost.
5.7. We are under no obligation to collect or recover Artwork from the Customer.

6. Disclaimers

6.1. We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
6.2. You are advised that Content may include technical inaccuracies or typographical errors.
6.3. We give no warranty and make no representation, express or implied, as to:
6.3.1. the adequacy or appropriateness of the Artwork for your purpose.
6.3.2. the truth of any information given on Passinonartly;
6.3.3. any implied warranty or condition as to merchantability or fitness of the Artwork for a particular purpose;
6.3.4. compatibility of Passionartly with your equipment software or telecommunications connection.
6.3.5. compliance with any law;
6.3.6. non-infringement of any right.
6.4. Passionartly contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
6.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Passionartly or the purchase of Artwork.
6.6. In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

7. Content and Intellectual Property Rights

7.1. Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
7.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
7.3. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

8. System Security

8.1. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
8.2. you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Passionartly, or any software used on Passionartly, and that you will not permit any other person to do so.
8.3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
8.4. Examples of violations are:
8.4.1. accessing data unlawfully or without consent;
8.4.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
8.4.3. attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
8.4.4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
8.4.5. taking any action in order to obtain Artwork to which you are not entitled.
8.5. You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
8.5.1. any violation of system security as set out above;
8.5.2. your use of Passionartly;
8.5.3. any other breach or violation of this agreement by you;
8.5.4. the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

9. Indemnity

Where we provide Artwork without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

10. Contractual Limitation

Where we provide Artwork without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

11. Rights of third parties

Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

12. Severability

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.

13. 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.

14. 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.

15. Force majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the law of Luxembourg. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.