Terms & Conditions
Terms & Conditions
In General
Artimundo owns and operate this
Website. This document governs your relationship with Artimundo (“Artimundo.eu ”). Access to and use of this
Website and the products and services available through this Website
(collectively, the "Services") are subject to the following terms,
conditions and notices (the "Terms of Service"). By using the
Services, you are agreeing to all of the Terms of Service, as may be updated by
us from time to time. You should check this page regularly to take notice of
any changes we may have made to the Terms of Service.
Access to this Website is
permitted on a temporary basis, and we reserve the right to withdraw or amend
the Services without notice. We will not be liable if for any reason this
Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts or all of this Website.
This Website may contain links
to other websites (the "Linked Sites"), which are not operated by Artimundo.
Artimundo has no control over the Linked Sites and accepts no responsibility
for them or for any loss or damage that may arise from your use of them. Your
use of the Linked Sites will be subject to the terms of use and service
contained within each such site.
Privacy Policy
Our privacy policy, which sets
out how we will use your information, can be found at « Privacy » .
By using this Website, you consent to the processing described therein and
warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this
Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person's proprietary
rights; send any unsolicited advertising or promotional material, commonly
referred to as "spam"; or attempt to affect the performance or
functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and Artimundo will
report any such breach to the relevant law enforcement authorities and disclose
your identity to them.
We will not be liable for any
loss or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any website
linked to it.
Intellectual Property,
Software and Content
The intellectual property rights
in all software and content (including photographic images) made available to
you on or through this Website remains the property of Artimundo or its licensors
and are protected by copyright laws and treaties around the world. All such
rights are reserved by Artimundo and its licensors. You may store, print and
display the content supplied solely for your own personal use. You are not
permitted to publish, manipulate, distribute or otherwise reproduce, in any
format, any of the content or copies of the content supplied to you or which
appears on this Website nor may you use any such content in connection with any
business or commercial enterprise.
Terms of Sale
By placing an order you are
offering to purchase a product on and subject to the following terms and
conditions. All orders are subject to availability and confirmation of the
order price.
Dispatch times may vary
according to availability and subject to any delays resulting from postal
delays or force majeure for which we will not be responsible.
In order to contract with Artimundo
you must be over 18 years of age and possess a valid credit or debit card
issued by a bank acceptable to us. Artimundo retains the right to refuse any
request made by you. If your order is accepted we will inform you by email and
we will confirm the identity of the party which you have contracted with. This
will usually be Artimundo or may in some
cases be a third party. Where a contract is made with a third party Artimundo
is not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you
will receive an acknowledgement e-mail confirming receipt of your order: this
email will only be an acknowledgement and will not constitute acceptance of
your order. A contract between us will not be formed until we send you
confirmation by e-mail that the goods which you ordered have been dispatched to
you. Only those goods listed in the confirmation e-mail sent at the time of
dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that
all details, descriptions and prices which appear on this Website are accurate,
errors may occur. If we discover an error in the price of any goods which you
have ordered we will inform you of this as soon as possible and give you the
option of reconfirming your order at the correct price or cancelling it. If we
are unable to contact you we will treat the order as cancelled. If you cancel
and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged
in addition; such additional charges are clearly displayed where applicable and
included in the 'Total Cost'.
(c) Payment
Upon receiving your order we
carry out a standard authorization check on your payment card to ensure there
are sufficient funds to fulfil the transaction. Your card will be debited upon
authorisation being received. The monies received upon the debiting of your
card shall be treated as a deposit against the value of the goods you wish to
purchase. Once the goods have been despatched and you have been sent a
confirmation email the monies paid as a deposit shall be used as consideration
for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this
Website is provided without any guarantees, conditions or warranties as to its
accuracy. Unless expressly stated to the contrary to the fullest extent
permitted by law Artimundo and its suppliers, content providers and advertisers
hereby expressly exclude all conditions, warranties and other terms which might
otherwise be implied by statute, common law or the law of equity and shall not
be liable for any damages whatsoever, including but without limitation to any
direct, indirect, special, consequential, punitive or incidental damages, or
damages for loss of use, profits, data or other intangibles, damage to goodwill
or reputation, or the cost of procurement of substitute goods and services,
arising out of or related to the use, inability to use, performance or failures
of this Website or the Linked Sites and any materials posted thereon,
irrespective of whether such damages were foreseeable or arise in contract,
tort, equity, restitution, by statute, at common law or otherwise. This does
not affect Artimundo's liability for death or personal injury arising from its
negligence, fraudulent misrepresentation, misrepresentation as to a fundamental
matter or any other liability which cannot be excluded or limited under
applicable law.
Linking to this Website
You may link to our home page,
provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
where none exists. You must not establish a link from any website that is not
owned by you. This Website must not be framed on any other site, nor may you
create a link to any part of this Website other than the home page. We reserve
the right to withdraw linking permission without notice.
Disclaimer as to ownership of
trade marks, images of personalities and third party copyright
Except where expressly stated to
the contrary all persons (including their names and images), third party trade
marks and content, services and/or locations featured on this Website are in no
way associated, linked or affiliated with Artimundo and you should not rely on
the existence of such a connection or affiliation. Any trade marks/names
featured on this Website are owned by the respective trade mark owners. Where a
trade mark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such
products or services are endorsed by or connected to Artimundo.
Indemnity
You agree to indemnify, defend
and hold harmless Artimundo, its directors, officers, employees, consultants,
agents, and affiliates, from any and all third party claims, liability, damages
and/or costs (including, but not limited to, legal fees) arising from your use
this Website or your breach of the Terms of Service.
Variation
Artimundo shall have the right
in its absolute discretion at any time and without notice to amend, remove or
vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of
Service is unenforceable (including any provision in which we exclude our
liability to you) the enforceability of any other part of the Terms of Service
will not be affected all other clauses remaining in full force and effect. So
far as possible where any clause/sub-clause or part of a clause/sub-clause can
be severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling
procedure which we will use to try to resolve disputes when they first arise,
please let us know if you have any complaints or comments.
Waiver
If you breach these conditions
and we take no action, we will still be entitled to use our rights and remedies
in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service
constitute the entire agreement of the parties and supersede any and all
preceding and contemporaneous agreements between you and Artimundo. Any waiver
of any provision of the Terms of Service will be effective only if in writing
and signed by a Director of Artimundo.