Alma Lewtom

 

Terms of Purchase for Limited Edition Prints

 

These terms and conditions apply to the purchase of all forms of print of an original Alma Lewtom artwork (herein “Limited Edition Print”, “Print”, “Products”), regardless of payment amount.

The terms and conditions below form the legal agreement (“Contract”) between us (“Alma Lewtom“, the “Artist”, “we”, “us”, “our”) and you (the “Customer”, “you”, “your”), which together with our Terms of Service and Privacy Policy, are the basis which governs our relationship with you in relation to the Website and the Products.

By purchasing a Print, you are acknowledging and agreeing to these terms and conditions (Terms of Purchase for Limited Edition Prints, Terms of Service and Privacy Policy).

 

1. Description of the Print

1.1. The print is a reproduction of an original Alma Lewtom artwork. It can be produced using various materials such as Enhanced Matte Art 200gsm , Smooth Art Paper 240gsm, etc. The Artist will authorize a limited amount of reproductions throughout her life.

1.2. All advertising photographs and specifications provided by the Artist are issued or published for the sole purpose of giving an appropriate idea of the Print but do not purport to be an exact or complete reproduction. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products may vary slightly from those images.

1.3. We make every effort to supply the Products as advertised but reserve the right to supply the Products subject to very minor variations in actual dimensions and specifications stated. Due to the standardized sizes in which the images must fit, it is possible that some of the prints do not fit perfectly into those sizes, and therefore some of the images might be slightly cropped.

 

2. Orders

2.1. All orders must be submitted via this website (“www.almalewtom.com”, herein “Website”) in accordance with the instructions set out on each step and page of the checkout process.

2.2. You must be at least 13 years of age or older to purchase access to the Product. Children under the age of majority should review this Contract with their parent or legal guardian.

2.3. The Customer is responsible for ensuring the completeness and accuracy of the order details. The Artist will not be liable for any failure by the Customer to provide complete and accurate information in the order.

2.4. Orders may only be deemed to have been accepted by us upon your receipt of our order confirmation in writing by e-mail (herein “Confirmation”), along with relevant order reference number, and receipt of your payment. Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.

2.5. Once the Contract between us is formed, you may not cancel the Product order.

2.6. We reserve the right to reject any order submitted on any reasonable grounds, including but not limited to any violation by the Customer of our Terms of Service. Without limitation to any provisions as purported in Paragraph 10, we will not be liable or otherwise responsible for any loss or damage caused to the Customer by cancellation of an order by us.

 

3. Price

3.1. The Customer agrees to purchase the Print(s) for the Price displayed on the Website. The Customer shall also pay applicable taxes, and if it is the case, import duties.

3.2. Although we make all efforts to keep prices as accurate and up to date as possible, sometimes errors occur. If a price error has occurred, we will inform you of this at the time of order.

 

4. Payment

4.1. Payment shall be made in full upon placing the order.

4.2. The Artist reserves the right to require the Customer to present such documents as to confirm the Customer’s identity and address. Where payment of the Price is made by someone other than the Customer (“third party payer”), the Artist may require documents to confirm their identity and their relationship with the Customer. The Artist may decline such payments in her sole discretion.

 

5. Delivery

5.1. The Products will be delivered following the receipt of the order, the confirmation sent to the Customer in writing and the receipt of the full payment by the Artist in cleared funds.

5.2. Standard production and delivery times are 1-3 weeks from the point of order. We will use our reasonable endeavours to fulfill your order by the estimated delivery date, but we cannot guarantee a certain date for delivery. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

5.3. We will attempt to produce goods in your country. If that is not possible, we deliver internationally to countries with a functioning postal service (“International Delivery Destinations”). However you acknowledge that we cannot be liable for the functioning of such postal services.

5.4. If you order Products for delivery to a destination where we cannot produce and deliver locally, we need to delivery to an International Delivery Destination, and your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

5.5 Please note that if you purchase more than 1 Print at a time, it is possible that you will receive the Prints in different packages, since we use different laboratories for different materials.

 

6. Return and Refund Policy

6.1. We are committed to providing our Customers with the highest quality Products. However, on very rare occasions, products may be found to be faulty or defective, due to technical or logistical reasons. The Customer is responsible for inspecting the packaging and the Product, and to inform us via e-mail of any noticeable damage within 24 hours of the courier’s delivery receipt, including photographic evidence of the faulty or defective Products. Failure to do so confirms the Customer’s acceptance of the order in good condition.

6.2. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error on our site, we will inform you of this prior to sending you a Confirmation and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6.3. We will only refund or replace items where required to do so by law.

 

7. Copyright and Ownership

7.1. The sale does not transfer or assign or license any copyright or other intellectual property rights related to the Products to the Customer.

7.2. The Artist reserves all reproduction rights, including the right to claim statutory copyright, in the Products. The Artist is the owner of all intellectual property rights in the material published on the Website.

7.3. The Products may not be photographed, sketched, painted, copied or reproduced, republished, uploaded, posted, transmitted, rented, leased, loaned, translated, sold, exploited, or distributed in any manner or medium (including by email or other electronic means or mechanical means) without the express prior written consent of the Artist. Any use of such proprietary material, other than as permitted therein, is expressly prohibited without the Artist’s prior permission, and infringes on the intellectual properties of the Artist and such infringement may be subject to penalties including monetary damages.

7.4. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.5. The copyright subsisting in all images and other materials produced for the sale of the Products is owned by the Artist and such images and materials may only be used with the Artist’s explicit permission in writing. The Artist will have the right to use such images in her own discretion after the sale of the Print(s).

 

8. Non-disparagement

8.1. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Artist, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.

 

9. Limitation of Liability

9.1. Mail delivery is deemed to take place when the Product(s) are delivered to the Customer’s nominated address, whereupon the risks of loss and all damage and all other risks pass to the Customer.

9.2. The Artist will not be responsible for any subsequent deterioration of the Print(s) after the delivery and acceptance of the order in good condition.

9.3. The Artist shall have no liability for loss of profit, business, revenue, loss of goodwill, or any incidental, indirect, consequential, exemplary or punitive loss or damages.

9.4. The Artist shall not be liable for any breach of the Contract due to causes or events outside her reasonable control (such as but not limited to events of force majeure, strikes, lockouts, flood, epidemic, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, etc). If such a cause takes place, the Artist’s obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

9.5. Except in relation to the purchase of Products, your use of the Website is entirely at your own risk and is provided on an “as is”, “as available”, and “with all faults” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

9.6. Except as expressly stated in these terms, to the fullest extent permissible by law, The Artist and none of her collaborators make any representations or warranties of any kind whatsoever, express or implied, as to the Website and the Products. You acknowledge and agree that any access or use of The Website or Products is at your own risk.

9.7. Notwithstanding the above, in no event will the Artist liability exceed the price of the product to which the liability relates.

 

10. Miscellany

10.1. Upon the acceptance of the terms and full payment of the Price, this Contract is definite and may not be cancelled.

10.2. You agree that in the case of any breach of any part of this Contract, the Artist will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Contract. In the case of any breach of any part of this Contract, you agree to first solve the dispute in a friendly manner; if this is not possible, you agree that the dispute will be solved by the courts on the territory of Romania, according to the Code of Civil Procedure, the Civil Code and legislative acts from Romanian Law.

10.3. You agree that any proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, no proceeding shall be (i) joined with any other, and (ii) be brought in a purported representative capacity on behalf of the general public or any institution or organization or foundation or association or country. You agree that you may bring claims against us only in your individual capacity.

10.4. The Customer agrees to protect, defend, indemnify and keep the Artist and her collaborators and successors harmless and indemnified in full against any and all liabilities, loss, costs (including but not limited to investigations, legal fees and court costs) and expenses incurred by the Artist as a result of the Contract being breached in any way in full or in part by the Customer.

10.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.6. A waiver of any breach of any of the provisions of this Contract shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.

10.7. These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with the laws of Romania and the European Union.

10.8. We will not file a copy of the Contract between us. This Contract is valid according to the terms stated hereby. No handwritten signature is required for the terms to be in effect; by ticking the box before purchasing the Product(s), you acknowledge and agree to this Contract.

10.9 This Contract constitutes the entire understanding of the Artist and the Customer and supersedes all prior agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

10.10. This Contract shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives.

 

11. Our Right To Vary These Terms

11.1 We reserve the right to revise these Terms from time to time without notice.

11.2. It is your responsibility to familiarize yourself with the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website following the posting of any such changes will constitute your acceptance of the revised Terms.

11.3 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

11.4 The Terms applicable to the Contract will be determined as those published and active on the date your order was placed.

 

 © 2021 Alma Lewtom™ . All rights reserved. All material, product names and images, logo & trademarks are property of Alma Lewtom™ and may not be used or reproduced without permission in writing.