Terms And Conditions
TERMS AND CONDITIONS
Welcome to Eski’s World Art!
These are the terms and conditions for:
(Hereby “Eski’s World Art”).
Your use of the Eski’s World Art and purchase of the products (hereby "products") on such website, means that you agree to these terms and conditions as set out below (hereby "Terms").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
1. ELIGIBLITY
You may use the website and purchase the products only if you can form a binding contract with Eski’s World Art, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our services. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child.
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.
2. ESKI’S WORLD ART
Eski’s World Art offers through this website, independent art paintings from all over the world.
All paintings have been purchased directly by Eski's World Art from independent artists and are being sold as shown on the website.
Paintings are only available in the UK.
We reserve the right to create new categories and include new products. For more information about our products, please contact us, through our contact page or contact information, our support team will be attentive and available to answer your questions and concerns.
3. SHOPPING ON THE WEBSITE
When you order a product, you offer to buy the product for the price advertised and indicated on the website at the time of purchase. Please check correctly the features and price of the products before placing an order. Remember that the paints are only available for the UK.
When a customer places an order, Eski’s World Art will send that user an email to confirm that the order for the product purchased or about to be purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of the order details of their product.
If the product is not available, the user will be informed of the website by email or phone.
Eski’s World Art 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.
4. PRICES
Eski’s World Art reserves the right to determine the price for the products. Eski’s World Art 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.
5. PAYMENTS
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.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Eski’s World Art 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. ACCOUNT
If you register on Eski’s World Art, you will be required to choose a password and you may be asked for additional information regarding your account, such as your e-mail address and name. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Eski’s World Art of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Eski’s World Art. Eski’s World Art will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Eski’s World Art with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you can choose not to receive them, by sending us the request through the contact information. Unsubscribe may prevent you from receiving emails about updates, upgrades or offers.
7. ACCOUNT TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on Eski’s World Art. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Eski’s World Art.
Eski’s World Art reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Eski’s World Art believes that you have breached any of these terms, furnished Eski’s World Art with false or misleading information, or interfered with use of the platform or the service by others.
8. COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Eski’s World Art, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Eski’s World Art and protected by international copyright laws. All software used on this site is the property of Eski’s World Art or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
9. COPYRIGHT COMPLAINTS
Eski’s World Art respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Eski’s World Art website infringe upon your copyright or other intellectual property right, please send the following information to:
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 Eski’s World Art may find it on the Eski’s World Art 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.
10. ESKI’S WORLD ART RESPONSIBILITIES
Eski’s World Art 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 Eski’s World Art 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, Eski’s World Art 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 Eski’s World Art liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Eski’s World Art 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, Eski’s World Art 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 Eski’s World Art and Eski’s World Art 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 Eski’s World Art 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 Eski’s World Art.
· All representations, warranties, conditions and other terms which but for this notice would have effect.
11. 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 Eski’s World Art 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:
i. Use the services or content for any commercial purpose, other than those commercial purposes explicitly permitted under this agreement and as provided by Eski’s World Art;
ii. 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;
iii. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
iv. Deep-link to any part of the Website for any purpose without our express written permission;
v. Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Eski’s World Art in connection with the site;
vi. Evade, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any content;
12. THIRD PARTY WEBSITES
Through your use of the Eski’s World Art 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 Eski’s World Art 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 Eski’s World Art are in no way responsible or liable for any such third-party sites.
13. INDEMNIFICATION
You agree to defend and indemnify Eski’s World Art 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.
14. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Eski’s World Art 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.
15. 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.
16. PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
17. INTEGRATION CLAUSE
This Agreement together with the Privacy Policy and any other legal notices published by Eski’s World Art, shall constitute the entire agreement between you and Eski’s World Art concerning and governs your use of the website.
18. HEADINGS
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.
19. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the Eski’s World Art shall be settled by binding arbitration between you and Eski’s World Art, except that each party retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
20. FINAL PROVISIONS
These Terms are governed by the UK law. 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.
21. CONTACT US
If you have questions or concerns about these terms or/and our products, please contact us through our contact page or through the following contact information:
info@eskisworldart.com