Terms and Conditions
Terms and conditions
Welcome to Andreas Varro Art AB!
These are the terms and conditions for:
(Hereby “Andreas Varro Art AB”).
The use of the website and the purchase of the products (hereinafter referred to as “Products”) from such website, means that you agree to these terms and conditions as set out below (hereinafter referred to as “Terms”).
The following terms and conditions apply to the Andreas Varro Art AB website. This includes the mobile and tablet versions as well as any other version of Andreas Varro Art AB accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
By providing Andreas Varro Art AB with your email address and phone number you consent to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
2. SHOPPING ON THE WEBSITE
When you purchase an artwork, you are offering to buy the artwork for the price advertised and indicated on the website at the time of purchase. Please check the artwork specifications correctly before ordering.
The artworks include certificate of authenticity and authenticity hologram on the back of each artwork.
When a user of the website buys an artwork, Andreas Varro Art AB will send that user an email which is intended to confirm the purchase and payment. This email confirmation will automatically occur so that the user has confirmation of their purchase and order details.
The artworks have a production time of 3 weeks from the time of order (Please see our shipping policy).
Andreas Varro Art AB may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue availability of products at any time in her sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
Andreas Varro Art AB reserves the right to determine the price for the products. Andreas Varro Art AB will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information.
Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.
4. GIFT CARDS
Andreas Varro Art AB offers the purchase of gift cards, which can be used to purchase products in the online art store.
The purchase of gift cards is subject to the following conditions:
- All gift cards are valid for one year from the date of purchase. The expiration date of the gift cards is written on the email sent to the purchaser and the recipient.
- In order to receive the gift card, the purchaser and the recipient needs a valid email address.
- The gift card will be shipped immediately after purchase, or on the date chosen by the purchaser through the “Delivery Date” function.
- The purchaser of the gift card must inform the recipient about the sending of the gift card. In case of not receiving the gift card, the receiver should check the spam folder.
- The recipient of the gift card can be anyone the purchaser chooses and can use the gift card to purchase any product from the Online Art Store.
- Gift cards are not valid to purchase other gift cards.
- Gift cards are digital and will be sent to the recipient via email. Please verify the recipient’s email address before purchasing a gift card.
- Each gift card is limited to 5.000 euros per gift card.
- The risk of loss of the gift cards is transferred to the recipient upon receipt of the gift card.
- The purchaser of the gift card may request a refund of the gift card within 14 days of purchasing the gift card, provided that the gift card has not been used. The purchaser will receive the refund via the original payment method.
- In the event that the purchaser or gift card recipient purchases a product from the art store using the gift card and subsequently files a claim on the product, any return or refund for the product will be in the form of credits on a new gift card.
In case of loss or theft of the digital gift card, please contact us through the following contact information: [email protected].
Products and gift cards will be paid for through Stripe, PayPal (through “Braintree”) and Klarna (Payment platforms available on the website).
The customer must pay the price of the product as stipulated on the order before, the product is shipped and delivered to the customer. Payment will be debited from your credit card, debit card or PayPal account immediately on you placing the order for the product you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Andreas Varro Art AB reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
6. PRODUCT DESCRIPTIONS
Andreas Varro Art AB attempts to be as accurate as possible. However, Andreas Varro Art AB does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user’s device screen.
Andreas Varro Art AB assigns to the client all rights, titles and interests in the products and images, for personal use only, not including the commercial license. The right to exploit the product and the commercial license can only be granted with written permission from Andreas Varro Art AB. Unauthorized use of the images or unauthorized use without the respective commercial licenses may cause a copyright violation and result in a lawsuit, as required by international copyright laws.
All materials on Andreas Varro Art AB, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Andreas Varro Art AB or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Andreas Varro Art AB are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Andreas Varro Art AB prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Andreas Varro Art AB or any part of the material for any purpose other than its intended purposes is strictly prohibited.
8. COPYRIGHT COMPLAINTS (DMCA)
Andreas Varro Art AB will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Andreas Varro Art AB respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Andreas Varro Art AB platform infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Andreas Varro Art AB may find it on the “Andreas Varro Art AB” website. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
9. ANDREAS VARRO ART AB RESPONSIBILITIES
Andreas Varro Art AB shall insure ordered products at their retail value whilst being delivered to you. Please check the delivered products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
Because of the nature of the Internet, Andreas Varro Art AB provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse, Andreas Varro Art AB for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Andreas Varro Art AB liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Andreas Varro Art AB will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Andreas Varro Art AB excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Andreas Varro Art AB and Andreas Varro Art AB shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on Andreas Varro Art AB website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any Product purchased through the website.
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from Andreas Varro Art AB.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
10. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Andreas Varro Art AB by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, you agree not to do so:
- Use the services or content for any commercial purpose, other than those commercial purposes explicitly permitted under this agreement and as provided by Andreas Varro Art AB;
- Access, monitor, reproduce, distribute, transmit, disseminate, display, sell, license, copy or otherwise exploit any content of the site, including, without limitation, using any robot, spider, scraper or other automated means or any manual process for any purpose that is not in accordance with this agreement or without our express written permission;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any part of the Website for any purpose without our express written permission;
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Andreas Varro Art AB in connection with the site;
- Evade, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any content;
11. THIRD PARTY WEBSITES
Through your use of the “Andreas Varro Art AB” website and services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where “Andreas Varro Art AB” provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Andreas Varro Art AB are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify Andreas Varro Art AB and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Product purchase.
13. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Andreas Varro Art AB for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
14. CHANGES AND TERMINATION
We may change the website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
15. PERSONAL DATA
16. INTEGRATION CLAUSE
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
You agree that any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these Terms or the use of the website and purchase of the products shall be resolved by binding arbitration between you and Andreas Varro Art AB, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products offered through the website or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute proceedings by sending us a communication through our contact information. Andreas Varro Art AB may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products.
19. FINAL PROVISIONS
These terms are governed by the laws of Sweden and the European Union. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
20. CONTACT INFORMATION
If you have questions or concerns about these terms or the products, please contact us through our contact page or through the following contact information:
Phone: +46 (0)72 328 95 10