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CONDITIONS OF USE
TERMS AND CONDITIONS
Welcome to Artboxx.com. Artboxx.com provides its products and services to you subject to the following conditions. If you visit or shop at Artboxx.com, you accept these conditions. Please read them carefully. We may amend these terms and conditions at any time by posting the amended terms on our site.
YOUR ACCOUNT
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are under 18, you may use Artboxx.com only with involvement of a parent or guardian.
If you use this 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. Artboxx.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
ELECTRONIC COMMUNICATIONS
When you visit Artboxx.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PRIVACY
We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.
Artboxx.com stores and processes customer data solely for primary business needs i.e. to complete orders, be able to communicate with customers, personalize web content or arrange for billing and delivery. In order to fulfill some services as billing or delivery we need to share certain information with third parties as e.g. DHL, FedEx, UPS, Paypal or Worldpay.com. The information provided will only contain those items mandatory for carrying out services provided by these third parties.
Under no circumstances, do we sell or rent your personal information to third parties for marketing purposes. Should you have any further questions, please contact us at info@artboxx.com.
TRADEMARKS
ARTBOXX.COM
and other Artboxx.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Artboxx.com. Artboxx.com's trademarks and trade dress may not be used in connection with any product or service that is not Artboxx.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Artboxx.com. All other trademarks not owned by Artboxx.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Artboxx.com.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Artboxx.com or its content suppliers and protected by international copyright laws.
Only works of art that are in the public domain and no longer subject to copyright can be reproduced. Copyright belongs to the artist or their estate until 70 years after their death (USA 50 years). It is the sole responsibility of the customer to verify that his or her chosen motif does not infringe upon any copyright law. The customer agrees to indemnify Artboxx.com against any loss, damage or costs arising from any break of copyright law and shall be solely liable for such claims.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Artboxx.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Artboxx.com a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Artboxx.com the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Artboxx.com for all claims resulting from content you supply.
Artboxx.com has the right but not the obligation to monitor and edit or remove any activity or content. Artboxx.com takes no responsibility and assumes no liability for any content posted by you or any third party.
CONTRACT
The customer is required to provide details requested on the order form (name, address, payment details), truthfully and as complete as possible. Any damage or expense resulting from false or incorrect information provided by the customer becomes the sole responsibility of the customer.
Products and services offered by Artboxx.com do not constitute an order, but are a request for the customer to place such an order, which in return Artboxx.com can accept. Submission of the completed order form is considered as placing an order.
Prices are based on the Artboxx.com published price list at the time of order placement. All prices include packaging charges.
After submission of completed order form, we will send you an acknowledgment receipt within 24 hours in case of online transmission, as well as an invoice per E-Mail or mail. As each painting will be hand painted according to customer specifications a 100% advance payment is required. As soon as the invoice value has been received on our account, we will send you a payment receipt and start painting.
Prices are net (exclusive of Value Added Tax). Due to VAT exemption for small-scale enterprises (§19.1 UstG – German Value Added Tax Law) Value Added Tax will not be imposed.
PRODUCT DESCRIPTIONS
Artboxx.com attempts to be as accurate as possible. Appearance of products can vary compared to on screen appearance due to different graphic cards, monitors or browsers. To capture the vision and life of the original works, the mixing of colors and the choice of brushes is replicated as closely as possible. Of course, even the original artist could not create an exact copy and there may be a slight variation in color & detail.
Artboxx.com therefore does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Artboxx.com itself is not as described, your sole remedy is to return it in unused condition.
DELIVERY
Shipping is free worldwide. Paintings will be delivered within 6 to 8 weeks, however delivery times can be extended in case of force majeure, oversize or complex motifs. Delivery time begins with receipt of payment, but is non-binding.
We will ship each painting wrapped in a tube for enhanced protection. This enables us to offer free shipping to our international clients. In Germany we also offer shipment on stretched canvas at no additional costs.
Delivery will be attempted up to three times. After the third failed delivery attempt the product will be returned to Artboxx.com. Any additional shipping charges become the responsibility of the customer.
WARRANTY
Before shipping any painting, we will email a photo of the completed work to ensure that you are fully satisfied. Based on your feedback we will dry the painting and prepare delivery or make adjustments if requested.
If you are for any reason not satisfied with your oil painting when viewed in your home or office, you have the right to return delivery paintings for full refund or rework. Claims have to be made within 14 days after delivery and need to be in writing e.g. via email. We will establish contact within 24 hours after receipt of complaint and provide instructions for returning of artwork.
The art item will need to be returned in its original packaging materials and will need to be insured to full value for return shipping. We recommend the delivery service used when shipping the Art item to you.
We cannot accept items that have been damaged, altered or worn. We will notify you of the status of your return by e-mail. Upon receipt of items in good condition, we will refund 100% of the cost of the item in the same form of payment originally used for purchase within 14 business days.
Please consider that in most cases, we will not be able to re-sell the returned painting as it was personalized according to specific customer requirements. While we will refund 100% of the invoice value incl. shipment cost to the customer, freight and insurance costs for the return shall be carried by the customer.
Should the customer withdraw the complaint, the merchandise will be considered accepted and delivered.
RISK OF LOSS
All items purchased from Artboxx.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier, but subject to any rights you may have against the carrier.
All orders for artwork will be properly insured. If your package is damaged during shipping or the contents are damaged, you must contact the shipping agent immediately and return the item for inspection to the point of pick-up of reception for insurance purposes. Please keep the original packing materials and contact us for further instructions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Artboxx.com on an "as is" and "as available" basis. Artboxx.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Artboxx.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Artboxx.com does not warrant that this site, its servers, or e-mail sent from Artboxx.com are free of viruses or other harmful components. Artboxx.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
DISPUTES
Any dispute relating in any way to your visit to Artboxx.com or to products you purchase through Artboxx.com shall be submitted to confidential arbitration in the Federal Republic of Germany, except that, to the extent you have in any manner violated or threatened to violate Artboxx.com's intellectual property rights, Artboxx.com may seek injunctive or other appropriate relief in the court of our choice, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing in the Federal Republic of Germany. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Place of fulfillment and jurisdiction is Leverkusen. All transactions and the standard terms and conditions are governed by the laws of the Federal Republic of Germany.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. All amended terms shall automatically be effective immediately after they are posted on our site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Variations of the Terms and Conditions do not apply. All special arrangements outside of the standard product offering must be submitted by the customer in written form.
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