TERMS AND CONDITIONS FOR GOODS AND SERVICES
PISTACHE CREATIVE LTD (hereinafter “ARTIST”) operates a platform for the sale of art, art commissions, customised products and other products, in open and limited edition (hereinafter referred to as “GOODS”) and provide services including but not limited to live painting, product customisation, live appearances (hereinafter referred to as “SERVICES”) at https://www.pistacheartists.com (hereinafter referred to as “WEBSITE”), and any third party websites where ARTIST offers GOODS and SERVICES, with ARTIST acting as seller and contracting party.
The business relationship between ARTIST and the ordering party shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with ARTIST. With the placement of the order for GOODS and SERVICES, the ordering party agrees with these Terms and Conditions and accepts to be bound by them.
The GOODS will be produced only after placement of and according to the order of the ordering party.
With the placement of the order the ordering party expressly acknowledges that the quality of the GOODS depends on the material specified on the WEBSITE and that due to the production and printing methods, minor variations in colour, format and in the quality of material used may occur compared to the samples displayed on the WEBSITE. With the placement of the order the ordering party also expressly acknowledges that the GOODS will inevitably be subject to a product-specific and natural change (e.g. bleaching) which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the GOODS are consistent with the terms of the contract and, especially, do not render the GOODS defective.
- Prices of Goods and Services
Unless otherwise stated, prices indicated for the GOODS and SERVICES are “ex works” plus packaging prices and delivery costs for the ordered GOODS and SERVICES. Any import duties, other taxes or other charges that may be applied when shipping to the ordering party’s chosen destination are the exclusive responsibility of the ordering party. GOODS remain the property of ARTIST until paid for in full. Unless otherwise stated or agreed upon by ordering parties and ARTIST, prices indicated for SERVICES are subject to additional costs for transport and accommodation to and during the duration of the time-frame when services are being provided.
- Conclusion of Contract and Delivery
The presentation by ARTIST of GOODS and SERVICES on its WEBSITE or elsewhere shall not constitute an offer for sale, but shall be deemed an invitation to the ordering party to submit a purchase offer. ARTIST does not warrant that the GOODS and SERVICES presented by it are ready for delivery at any time.
Offers to buy shall be submitted online, using the methods of contact made available by ARTIST on it’s WEBSITE. The ordering party is obliged to provide the information requested truthfully and completely. Any damage caused by false or incomplete information shall be reimbursed by the ordering party.
Orders are accepted only from persons who are of age and only at the current prices and terms indicated on the WEBSITE from time to time.
The ordering party will receive confirmation of ARTIST’s receipt of the order.
Orders are executed on a timeframe displayed on the WEBSITE or upon a timeframe agreed with the ordering party. Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery cannot be ruled out.
Should ARTIST not be able to execute an order within the agreed timeframe for any reason (except for delays caused by the ordering party), or should ARTIST not accept an order for any other reason, ARTIST will promptly give notice to the customer and will refund any payments already made by that customer.
Payment of the purchase price shall be made in advance (for both commissioned and non commissioned GOODS and SERVICES) using any of the payment methods indicated on the WEBSITE or by the ARTIST, unless agreed upon in writing with the ARTIST.
- Right of Rescission on non-commissioned GOODS – The ordering party may rescind the contract for non-commissioned GOODS within 7 calendar days after receipt of the GOODS; this time limit is complied with if the ordering party sends the letter of rescission within that period via email to firstname.lastname@example.org. In case of rescission, the ordering party shall return to ARTIST the GOODS in their original packaging, postage prepaid, ready for resale, undamaged and unused. The GOODS are returned at the ordering party’s risk. The ordering party shall pay a reasonable compensation in case it has used the GOODS. In case of any deterioration or loss of the GOODS prior to their return, the ordering party shall reimburse that impairment or the value of the GOODS.
- Right of Rescission on commissioned GOODS and SERVICES – the ordering party may not rescind the contract for commissioned GOODS and SERVICES unless agreed upon in writing with ARTIST .
- Warranty and Liability
Unless otherwise provided below, the statutory warranty and damages provisions shall apply.
ARTIST disclaims any liability for the variations and changes referred to in Section 2 of these Terms and Conditions.
In case of damaged or incomplete deliveries, a confirmation of the deliverer must be obtained. Should the GOODS be defective upon their arrival at the ordering party despite flawless packaging, the ordering party shall promptly notify ARTIST. Defective GOODS shall be returned to ARTIST in their original packaging.
ARTIST shall not be liable for either technical failures during the operation of the WEBSITE, or for any content on the WEBSITE or on hyperlinked websites, or for damage caused by having visited the WEBSITE or any of the hyperlinked websites.
The GOODS and SERVICES sold by ARTIST are protected by copyright worldwide and are made available to the ordering party for its personal use and for resale only. However, the ordering party shall not reproduce, make available to the public in whatever form, otherwise (other than by resale) distribute the GOODS or SERVICES, or procure such reproduction, such making available or such distribution by third parties. The same applies also to the WEBSITE and its contents.
- Data Privacy
With the placement of the order the ordering party expressly agrees that ARTIST will use the ordering party’s name, address, phone number, and e-mail address as well as its previous orders to process the relevant order and to send newsletters and catalogues electronically or by mail. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the GOODS, to the forwarding agent, the carrier or the postal service. The ordering party may revoke its consent at any time by giving an e-mail notice to email@example.com
- Place of Performance, Jurisdiction, Applicable Law
Place of performance and place of jurisdiction shall be London. The contractual relationship shall be governed by and construed in accordance with English Law.
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.
- Questions and Complaints
Questions and complaints should be addressed to: firstname.lastname@example.org
GENERAL TERMS AND CONDITIONS
These terms and conditions outline the rules and regulations for the use of Pistache Creative Ltd’s Website, located at https://www.pistacheartists.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Pistache Artists website if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Pistache Creative Ltd and/or its licensors own the intellectual property rights for all material on Pistache Artists. All intellectual property rights are reserved. You may access this from Pistache Artists for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Pistache Artists
- Sell, rent or sub-license material from Pistache Artists
- Reproduce, duplicate or copy material from Pistache Artists
- Redistribute content from Pistache Artists
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Pistache Creative Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Pistache Creative Ltd,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Pistache Creative Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Pistache Creative Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Pistache Creative Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Pistache Creative Ltd; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Pistache Creative Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Pistache Creative Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.