TERMS & CONDITIONS
THE TERMS AND CONDITIONS
The present Terms and Conditions apply to and govern the use of the Olga Macrinscaia personal site and her online art and design gallery and articles and any of the Olga Macrinscaia site services by the USER, via the WEBSITE www.olgamacrinscaia.com. By visiting the Olga Macrinscaia personal site or by using any of the services provided USER are accepting the present Terms and Conditions.
OLGA MACRINSCIA WEB SITE SERVICES means any services that, from time to time, may be offered at the OLGA MACRINSCIA WEB SITE, which include, but are not limited to, the sale of ART OBJECTS, better defined above.
USER ACCOUNT
The full use of the OLGA MACRINSCIA WEB SITE requires the creation of an USER ACCOUNT, providing all required information. All information provided by the USER and its accuracy, namely but not limited to, address and billing information, is solely the USER's responsibility.
Any changes to the USER information must be immediately updated by the USER in its respective account.
USER is also responsible for maintaining the confidentiality of USER account and password and for restricting access to USER computer to prevent unauthorized access to the USER ACCOUNT. USER should inform WWW.OLGAMACRINSCAIA.COM immediately if having any reason to believe that USER password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
USER accepts responsibility for all activities that occur under USER account or password.
OLGA MACRINSCAIA reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders.
PRIVACY POLICY
Any personal information, including email addresses, that USER provides to OLGA MACRINSCAIA in the course of use of the web site will not be given, sold or rented to any third party, unless agreed by USER or otherwise foreseen in the present agreement.
ACCESS TO THE ONLINE GALERY
The OLGA MACRINSCIA WEB SITE is an internet based service, therefore subject to interruptions and errors normal to internet based services, and OLGA MACRINSCAIA therefore cannot guarantee that the service provided will not be interrupted or error-free.
Access to the OLGA MACRINSCIA WEB SITE will occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Frequency and duration of the said suspensions or restrictions will be kept to the indispensable minimum.
OLGA MACRINSCAIA SITE USE
OLGA MACRINSCAIA grants USER, pursuant to acceptance of the present TERMS AND CONDITIONS, a limited, freely revocable license to access and make personal use of the OLGA MACRINSCIA WEB SITE, strictly considering the purposes the OLGA MACRINSCIA WEB SITE was designed to.
USER is not allowed to download, modify, reproduce, resale, commercialize or otherwise make other use of the OLGA MACRINSCIA WEB SITE, and its contents, than that it was originally conceived for, without express written consent from OLGA MACRINSCAIA, nor is USER authorized to use data mining tools, robots, or similar data gathering and extraction tools.
The OLGA MACRINSCIA WEB SITE or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without OLGA MACRINSCAIA express written consent.
USER CONDUCT
USER undertakes not to use the OLGA MACRINSCIA WEB SITE in any way that causes or may cause the OLGA MACRINSCIA WEB SITE to be damaged, suspended or cause its access to become interrupted, and to always use the OLGA MACRINSCIA WEB SITE for lawful purposes only.
USER GENERATED CONTENT
When using the OLGA MACRINSCIA WEB SITE USER may post reviews, comments or other content which must not be, in any case, illegal, obscene, abusive, 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".
When posting online, using the OLGA MACRINSCIA WEB SITE, any user generated content, and unless OLGA MACRINSCAIA expressly indicates otherwise, USER grants OLGA MACRINSCAIA and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and the right to use the name that USER submits in connection with such content, if OLGA MACRINSCAIA chooses to do so.
USER agrees that the rights USER grants above are irrevocable during the entire period of protection of USER intellectual property rights associated with such content and material, waiving the right to be identified as the author of such content.
TERMINATION
OLGA MACRINSCAIA shall have the right, for any reason whatsoever, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the OLGA MACRINSCIA WEB SITE or the OLGA MACRINSCIA WEB SITE SERVICES, including but not limited to content, features, or hours of availability, without notice to USER.
USER agrees that OLGA MACRINSCAIA may terminate USER's use of the OLGA MACRINSCIA WEB SITE or the OLGA MACRINSCIA WEB SITE SERVICES, cancel USER registration, remove USER generated content.
ART OBJECT CONTENTS AND THIRD PARTY SITES
The lawfulness or offensiveness of the ART OBJECT and its contents are of the ARTIST's sole responsibility. USER is the sole responsible if the viewing of a certain ART OBJECT infringes local laws or regulations. If having knowledge that any ART OBJECT infringes or may infringe local laws or regulations, USER shall immediately inform OLGA MACRINSCAIA of such, pursuant to which OLGA MACRINSCAIA may elect to, or not to, remove the ART OBJECT from the OLGA MACRINSCIA WEB SITE.
OLGA MACRINSCAIA is not responsible, nor does OLGA MACRINSCAIA endorse third party web sites that may be advertised at the OLGA MACRINSCIA WEB SITE and the OLGA MACRINSCIA WEB SITE SERVICES, and OLGA MACRINSCAIA does not guarantee, represent or warrant, in any case whatsoever, that the content contained in these sites is true, accurate, lawful and/or inoffensive.
INTELECTUAL PROPERTY RIGHTS
All content included in the OLGA MACRINSCIA WEB SITE is the property of OLGA MACRINSCAIA and protected under the relevant intellectual property law.
If USER believes or suspects that USER intellectual property rights or that of third parties have been used in a way that gives rise to concerns of infringement, please notify us immediately.
TRADEMARKS
OLGA MACRINSCAIA, WWW.OLGAMACRINSCAIA.COM , OLGA MACRINSCIA WEB SITE, and other marks or logos indicated on our website are trademarks or registered trademarks of OLGA MACRINSCAIA.
PART TWO
Sale of Products
ORDER AND CONFIRMATION
In order to purchase a product from the OLGA MACRINSCIA WEB SITE, USER must place an ORDER following the instructions provided USER in the OLGA MACRINSCIA WEB SITE.
After the ORDER has been placed and all the steps in the OLGA MACRINSCIA WEB SITE have been followed, USER will receive a CONFIRMATION E-MAIL containing the details of USER ORDER.
USER ORDER represents an offer to us to purchase a product which is accepted by OLGA MACRINSCAIA when USER receives a DISPATCH CONFIRMATION E-MAIL. That acceptance will be complete at the time OLGA MACRINSCAIA sends the DISPATCH CONFIRMATION E-MAIL to USER.
Any products on the same ORDER which OLGA MACRINSCAIA has not confirmed in the DISPATCH CONFIRMATION E-MAIL do not form part of that contract. No costs shall be charged to the USER regarding products that have not been confirmed.
INFORMATION ON ART OBJECTS
All ART OBJECTS are sold according to the conditions and with the characteristics stated in the OLGA MACRINSCIA WEB SITE via the ART OBJECT image and the information provided thereon. All ART OBJECTS are original, except where otherwise stated.
If any information on the ART OBJECT or if any of the latter's conditions are unclear or insufficient, USER may reasonably request from OLGA MACRINSCAIA the necessary clarifications or additional information, which OLGA MACRINSCAIA will provide, to the extent available and necessary.
PRICING AND AVAILABILITY
USER understands that a specific ART OBJECT may not be available at a particular moment because it was sold to a third party before USER order confirmation, or for any other reason whatsoever.
If a ART PRODUCT is mispriced, despite our best efforts to verify prices, OLGA MACRINSCAIA will:
If a product's correct price is lower than the stated price, charge the lower amount and send USER the product.
If a product's correct price is higher than the stated price, OLGA MACRINSCAIA will, at it's sole discretion, either contact USER for instructions before dispatch or cancel USER order and notify USER of such cancellation.
All prices include VAT and any other taxes that may be due.
TRANSPORTATION COSTS
Most of the OLGA MACRINSCIA WEB SITE sells the Olga Macrinscaia ART OBJECTS production but in addition you could find some other works made by other artist and when an ART OBJECT is purchased transport of it is made from its current location– whichever it may be – to the destination address provided by the USER.
As AOR&A Group, s.l oficialy represent the artist Olga Macrinscaia most of the products comming from Spain. All transportation costs, as indicated in the ORDER, shall be charged to the USER .
If the indicated transportation costs are mispriced, despite our best efforts in giving USER accurate information, OLGA MACRINSCAIA will immediately contact USER, and USER shall be entitled to cancel the order at USER discretion.
CUSTOMS
When ordering ART OBJECTS from the OLGA MACRINSCIA WEB SITE for delivery USER will need to take into consideration USER's own country of residence, the destination country – which will be provided by USER, and the ART OBJECT departure country which will be expressly stated in the ART OBJECT information details.
Considering the above, the ART OBJECT may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any charges for customs clearance, or any charges of a similar nature, shall be borne by USER.
As regards local customs and duty taxes, OLGA MACRINSCAIA may not give an accurate estimate on the costs thereof and, as such, such costs may not be indicated in the ORDER.
RETURNS
USER may return a purchased ART OBJECT for a price refund, by notifying OLGA MACRINSCAIA within ten days of receipt of the ART OBJECT. The ART OBJECT must be received in the same undamaged condition as was sent, USER being responsible for all the damages to the ART OBJECT. An administrative fee of up to twenty percent of the ART OBJECT price shall be retained by OLGA MACRINSCAIA. Transportation costs and custom taxes shall be borne by USER .
If the ART OBJECT is delivered to USER with damages or other faults it may be returned, within five business days of the delivery date, to OLGA MACRINSCAIA, following the below procedure:
USER shall contact OLGA MACRINSCAIA via e-mail stating USER claim with a brief identification of the damages or other faults involved;
OLGA MACRINSCAIA will analyze USER claim and if it finds that the claim is true and rightful it will reimburse USER of the all amounts, that is, the price, the transport cost and the custom charges, if applicable, and if proof is given of actual payment;
OLGA MACRINSCAIA will arrange transport of the ART OBJECT from the destination address to a destination to be specified by OLGA MACRINSCAIA. USER is liable and undertakes to have the ART OBJECT ready for transport at the said address and at a date to be agreed with OLGA MACRINSCAIA;
Once the ART OBJECT is handed over to the transport company, as determined by OLGA MACRINSCAIA, payment to USER shall be made.
Under mencioned above, OLGA MACRINSCAIA shall not be liable, in any case whatsoever, for payment of more than the ART OBJECT PRICE, including transport costs and custom charges, when applicable and against proof of actual payment.
PART THREE
Final Provisions
COMMUNICATIONS
All communications from OLGA MACRINSCAIA or the OLGA MACRINSCIA WEB SITE to USER shall be done via e-mail or by posting notices on the website.
For contractual purposes, USER consents to receive communications pursuant to number 1 above and USER agrees that all agreements, notices, disclosures and other communications that OLGA MACRINSCAIA provide to USER electronically satisfy any legal requirement that such communications be in writing.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
OLGA MACRINSCAIA reserves the right to make changes to the WEBSITE, policies, and these TERMS AND CONDITIONS at any time. USER will be subject to the policies and GENERAL TERMS AND CONDITIONS in force at the time that USER uses the WEBBSITE or that USER orders goods therefrom.
If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of the registered office of OLGA MACRINSCAIA (European Union Offices – Spain), as identified below, and any litigation arising from the matters herein included shall be submitted to the same jurisdiction.
