“Product” means the artwork created by the artist, submitted and displayed on the website, potentially for sale.
“Seller”, “we”, “us” or “gabortoro.com” refer to the artist and owner of the website https://gabortoro.com and his office team. The artist is an individual registered in the UK (NI-number SY 59 03 20 A) and our address is at 23 Royal Park Terrace, Edinburgh, EH88JB, United Kingdom.
“Buyer” means the person who’s name is printed on the Order
“Contract” means the order and Order Confirmation
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions
“Order” means the Buyer’s Order for Goods or services
“Price” means the price together with postage and packing in force at the date and time of the Order
“Receipt” means the date when the Order has been delivered to the buyer
Gabortoro.com grants you permission to use our Website as set forth in these Terms and Conditions, so long as:
- you will not copy or distribute any part of the Website in any medium without our prior written approval;
- you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
- you agree to the Terms and Conditions as set forth in this document, and
- your use of the Website as permitted is solely for your own personal use.
You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
These Terms and Conditions apply to all users of the Website, including users who contribute information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, Submitted Art by artists and any other materials (collectively the “Content”) or services to the Website. The Website may contain links to third party websites that are not owned or controlled by us. Gabortoro.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release gabortoro.com from any and all liability arising from your use of any third-party website.
SALES OF GOODS BY GABORTORO.COM
Gabortoro.com offers Goods for sale via the Website. These Terms and Conditions will govern the Contract between the Buyer and Seller, alongside any terms and conditions applicable under any purchase order, confirmation of order or other document.
In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
ORDERS AND SPECIFICATIONS
All Goods are offered for sale subject to availability and subject to the Sellers acceptance of the Order.
The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Additionally, given the bespoke, hand crafted nature of many of the Goods sold on Gabortoro.com, the exact size of Goods may alter slightly from piece to piece and from the official Goods dimensions listed on the website.
The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’s monitor or home printing device.
PRICE, PAYMENT AND CURRENCIES
Payment must be made by credit card, debit card or PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
The Seller is based in the UK and accepts GBP sterling payments. The Seller may offer multi-currency enabled transactions, which means the Buyer can select the currency of their choice when at check-out.
The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Sellers credit card, debit card or PayPal details before accepting the Buyers Order.
Any credit towards payment is accumulated and may only be applied at the sole discretion of the Seller. Gabortoro.com reserves the right to limit, invalidate, or deny the application of credit to a purchase at any time. The Seller may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by us. The Seller reserves the right to reject any Order based on erroneous pricing, discounts, or promotions.
A. Orders within the UK:
Our goods come rolled up in a presentation tube and are sent by Special Delivery within the UK (a signed for service) to the Buyer within just 5 working days from receipt of payment online/direct. For more information on this service, please contact us. The price of delivery depends on the size of the work and the required packaging, and is usually between £10 and £15. For more information on this service, please contact us.
B. Orders outside the UK – international delivery:
Our Goods are ideal to be shipped internationally as they are lightweight in their presentation tubes.
To send our Goods worldwide there is an additional postage/shipping charge based on your chosen destination. Delivery timescales will also be dependent on this. The price of international delivery depends on the size of the work and the required packaging, and is usually between £10 and £20. For more information on this service, please contact us.
Risk of damage and transfer of Goods
Risk of damage to or loss of the Goods will normally pass to the Buyer. Each case should be discussed individually.
RETURNS, REFUNDS, EXCHANGES AND CANCELLATIONS
Following delivery of the Goods the Buyer have a further seven days to notify us if it is unwanted. To arrange a return, please contact us with the order number and reasons for the return. In this instance we will advise a courier chosen by us to pick up and return your print/s to us. (This carriage will be insured up to the value of the print/s). N.B. The price of this courier will be deducted from your refund. We will process and refund/exchange all returns within 30 days of receiving returned Goods from the Buyer. For orders outside of the UK and EU, we may offer only a partial refund subject to shipping (both outbound and return) and handling costs.
Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.The buyer shall have the right to return a purchase within fourteen days of Receipt for an exchange or refund at his/her preference if the item is Defective or for any other reason provided they do the following:
Buyers may request to cancel an Order within 24 hours of placing the Order by emailing email@example.com. We will, at our discretion (pending shipping and whether the order has already been processed) either elect to refund the Buyer immediately, or inform the Buyer to follow the normal returns policy.
INTELLECTUAL PROPERTY RIGHTS
The Content on the Website, created by the Artist and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to gabortoro.com, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of gabortoro.com or as expressly provided herein. Gabortoro.com reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes. You agree not to download or print a copy of any artworks for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
ABILITY TO ACCEPT TERMS & CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by gabortoro.com without restriction.
The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of gabortoro.com.
All of the Website trademarks are owned by gabortoro.com and may not be used for any purpose without the prior written permission of gabortoro.com.