Terms and conditions

General

ARTIST Gigi Esmilla Howarth (hereinafter “ARTIST”) operates a website for the sale of original paintings and digital art in limited edition prints (hereinafter referred to as “PHYSICAL GOODS”), as well as download images of a range of her digital paintings (hereinafter referred to as “DOWNLOAD GOODS”), at www.gigiesmillahowarth.com (hereinafter “WEBSITE”), with ARTIST acting as seller and contracting party.

The business relationship between ARTIST and the ordering party (hereinafter “BUYER”) shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the BUYER 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 the BUYER agrees with these Terms and Conditions and accepts to be bound by them.

Goods

The PHYSICAL GOODS or DOWNLOAD GOODS will be produced only after placement of and according to the order of the BUYER.With the placement of the order the BUYER expressly acknowledges that the quality of the PHYSICAL GOODS depends on the material specified on the WEBSITE or in the case of DOWNLOAD GOODS, by the details specificed in the image description on the WEBSITE, and that due to image quality or the 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 BUYER also expressly acknowledges that the GOODS will inevitably be subject to a product-specific and natural change 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

Unless otherwise stated, prices indicated for the PHYSICAL GOODS are exclusive of packaging prices and delivery costs for the ordered GOODS. These additional costs will be specified at the time of purchase (the CHECKOUT) and added to the overall cost. Note DOWNLOAD GOODS have no shipping cost.

Taxes

The BUYER shall be solely responsible for any state, local, or federal sales, use, VAT, excise, import fees, or other taxes. Such taxes will be added to the final invoice prices in those instances in which the ARTIST is required to collect them from the BUYER; provided, however, that if the ARTIST does not collect any such taxes and the BUYER is later asked or required to pay such taxes to any taxing authority, the BUYER will make such payment. At ARTIST’s option, prices may be adjusted to reflect any increase in the costs of the ARTIST resulting from state, federal or local legislation

Conclusion of Contract and Delivery

The presentation by ARTIST of PHYSICAL GOODS or DOWNLOAD GOODS on its WEBSITE or elsewhere shall not constitute an offer for sale, but shall be deemed an invitation to the BUYER to submit a purchase offer. The ARTIST does not warrant that the GOODS presented by it are ready for delivery at any time.

Offers to buy shall be submitted online, using the order form made available by the ARTIST. The BUYER is obliged to provide the information requested in the order form truthfully and completely. Any damage caused by false or incomplete information shall be reimbursed by the BUYER.

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 BUYER will receive confirmation of ARTIST’s receipt of the order.

Orders are executed within 2 weeks after their receipt. 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 6 weeks because the ordered GOOD is not available, or should ARTIST not accept an order for any other reason, ARTIST will promptly give notice to the BUYER and will refund any payments already made by that BUYER.

Payment

Payment of the purchase price shall be made using any of the payment methods indicated on the WEBSITE.

Right to Rescind the Contract

The BUYER may rescind the contract within 7 calendar days after receipt of the PHYSICAL GOODS; this time limit is complied with if the BUYER sends a letter of rescission within that period.

In case of rescission, the BUYER shall return to ARTIST the PHYSICAL GOODS in their original packaging, postage prepaid, ready for resale, undamaged and unused. The PHYSICAL GOODS are returned at the BUYER’s risk. The BUYER shall pay a reasonable compensation in case it has used the PHYSICAL GOODS. In case of any deterioration or loss of the PHYSICAL GOODS prior to their return, the BUYER shall reimburse that impairment or the value of the PHYSICAL GOODS. Note: There is no Right to Rescind the Contract for DOWNLOAD GOODS.

Warranty and Liability

Unless otherwise provided below, the statutory warranty and damages provisions shall apply.
The 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 PHYSICAL GOODS be defective upon their arrival at the ordering party despite flawless packaging, the BUYER shall promptly notify ARTIST. Defective DOWNLOAD GOODS will be replaced by another download of the image of the DOWNLOAD GOODS .
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.

Copyright

The PHYSICAL GOODS and DOWNLOAD GOODS sold by ARTIST are protected by copyright worldwide and are made available to the BUYER for its personal use and in the case of PHYSICAL GOODS, for resale only. Note: DOWNLOAD GOODS are made available to the BUYER for its personal use and NOT for resale. However, the BUYER shall not reproduce, make available to the public in whatever form, otherwise (other than by resale of PHYSICAL GOODS) distribute the PHYSICAL GOODS or DOWNLOAD GOODS, 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 BUYER 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 BUYER may revoke its consent at any time by giving an e-mail notice to gigiesmillahowarthartgallery@gmail.com

Disclaimer of Warranties:

USERS AGREE AND ACCEPT THAT THEIR USE OF THE WEBSITE SHALL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARTIST, AND WITHOUT LIMITATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND ANY USE THEREOF. THE ARTIST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS TO AND USE OF THE WEBSITE,

(III) ANY UNAUTHORIZED ACCESS TO, OR USE OF, OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,

(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR

(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

THE ARTIST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND

THE ARTIST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation on Liability:

IN NO EVENT SHALL THE ARTIST, AND/OR, WITHOUT EXCEPTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN ANY WEBSITE CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS TO AND USE OF THE WEBSITE,

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND OCCURRED AS A RESULT OF ANY USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
USERS SPECIFICALLY ACKNOWLEDGE THAT THE ARTIST SHALL NOT BE LIABLE FOR CONTENT POSTED BY OTHER USERS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER.

Exclusions and Limitations:

Any Users who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local or national laws. Certain jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to all Users, however, all other provisions of this Agreement remain in full force and effect.

Indemnity:

BUYERs agree to defend, indemnify and hold harmless the ARTIST, and without exception or limitation, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i), any use of and access to the Website; (ii), any violation of any term of this Agreement; or, (iii), any violation of any third party right, including, without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and any use of the Website.

Place of Performance, Jurisdiction, Applicable Law

Place of performance and place of jurisdiction shall be in the country of Spain. Any contractual relationship shall be governed by and construed in accordance with international law.
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.

Ability to Accept Terms of Service:

The BUYER affirms that they are at least eighteen (18) years of age, and are fully able and competent to read, understand and enter into this Agreement, including all conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by, and comply with, all terms of this Agreement.

Amendment

The ARTIST reserves the right to amend this Agreement at any time and without notice, and it is all BUYER’s responsibility to review this Agreement for any periodic changes. Use of the Website following any amendment of this Agreement will signify each BUYER’s assent to and acceptance of its revised terms.

Questions and Complaints

Questions and complaints should be addressed to: gigiesmillahowarthartgallery@gmail.com