TERMS AND CONDITIONS
Agreement between User and artbynoewi.com
Welcome to noewisart.com. The noewisart.com website (the “Site”) is comprised of various web pages operated by Jindriska Krulichova aka Jindra Noewi. noewisart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of noewisart.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
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”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.noewisart.com is an E-Commerce Site.
- Artwork means an artwork produced by Jindra Noewi, which shall refer to both Original Artworks and Print Artworks under these Terms and Conditions.
- Agreement means the agreement that the Customer enters into when accepting the applicability of these Terms and Conditions to a purchase or another use of Services.
- Customer is the party that executes the Order for Artworks as supplied by Jindra Noewi, or that otherwise uses any of the Services offered by Jindra Noewi.
- Intellectual Property Rights means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and (registered) trademarks, and any other intellectual property rights.
- Order means the Customer’s order for the Artworks from Jindra Noewi after following the step-by-step process as set out on the Website.
- Original means an original, one-of-a-kind Artwork produced by Jindra Noewi, of which Print Artworks may be made.
- Print means a print of the Original Artwork created by Jindra Noewi and sold through the Website or other websites which sells prints by Jindra Noewi to the Customer.
- Services means the services as offered by Jindra Noewi which relate to are in support of the sale of Artworks or the provision of online courses.
- Website means our website on www.noewisart.com, where the Artworks and Services are advertised.
- 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.
- Website access and products are available for all ages. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their children or minors in custody.
- 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.
- You represent and warrant that your use of the platform does not violate any applicable law or regulation. Jindra Noewi may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that noewisart.com is not responsible for third party access to your account that results from theft or misappropriation of your account. Jindra Noewi and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Shopping on the website
- By placing an order, you offer to purchase the products at the price advertised and indicated on the website at the time of purchase or reservation. Please check correctly the sizes of the images and the number of subjects in the portraits. Jindra Noewi will create and execute the portraits according to the buyer’s specifications and will ship and deliver the product(s) to the buyer’s address.
- When a customer makes a reservation on the waiting list, Jindra Noewi will send that customer an email whose purpose is to confirm the reservation and the payment for the reservation.
- Once the finished portrait has been presented to the user by Jindra Noewi, the user must make the remaining payment for the corresponding portrait according to the buyer’s specifications. Once the payment is completed, Jindra Noewi will send an email confirming the payment.
- Jindra Noewi reserves the right to limit the number of units reserved and purchased by each user. Jindra Noewi also reserves the right to limit sales of our products by region or jurisdiction.
- Jindra Noewi may cancel any order or reservation and not supply the products if it is reasonable to do so and may change or discontinue the availability of the products at any time at its sole discretion. If an order or booking is cancelled, any payment made will be refunded in full. This does not affect your statutory rights.
- All new bookings and orders are considered separately and each is treated individually.
The offered Artworks
- The offered Artworks will contain a complete and accurate description. The description is sufficiently detailed to enable a proper assessment of the Artworks by the Customer. Where Jinda Noewi uses images, these are a true representation of the Artworks. However, to the extent permitted by applicable law, Jindra Noewi does not warrant or represent that the Artworks’ descriptions, colors, information, or any other content available on the Website are accurate, complete, reliable, current, or error free. Please take the time to read descriptions carefully and check the colors on multiple screens if you are concerned about color variations.
- Jindra Noewi reserves the right to refuse the Services or the sale of the Artworks to anyone for any reason and at any time.
- Obvious mistakes or errors in the description or depiction of Artworks do not bind Jindra Noewi.
Jindra Noewi reserves the right to determine the price of the products. In the case of portraits, the price may vary according to the size of the portrait and the number of subjects that will be drawn in the portrait. Please consult prices before making a reservation and subsequent purchase of the portrait. Product prices and shipping costs are subject to change at any time according to the value of exchange rates.
Any amounts displayed on the Website made known to the Customer shall be in USD ($), including applicable taxes and excluding shipping costs, unless explicitly stated otherwise. Typing errors and price changes are reserved.
Jindra Noewi has the right to seize its Services until the Customer fulfills all payments due. The Services shall be reinstated once payment has been made in full.
Jindra Noewi 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.
Products will be paid through PayPal, and the payment platform of Woocommerce via Stripe (payment methods available on noewisart.com). In the case of portraits, the client must pay the total price of the portrait (reservation on the list and full payment), according to the client’s specifications, before the product is shipped and delivered to the client. The payment will be charged to your credit/debit card or PayPal account immediately after you make the respective payment (includes the reservation in the list) for the product you have purchased.
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. Jindra Noewi 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.
Licence of Use
Upon completion of the payment process through the website and once the user receives the portraits (physical products) Jindra Noewi grants the buyer a standard license for limited use, for exclusively personal use, not including the commercial license of the images. The right to exploit the images and works, the authorized use of the images in different representations or graphic works and the commercial license can only be granted with the written authorization of Jindra Noewi, which can be granted or denied at Jindra Noewi’s discretion.
The customer may not resell or sub-license the product(s) to third parties without the prior written permission of Jindra Noewi. The buyer also may not edit, modify or use the files to create artwork or create derivative works or products, may not distribute, give away or include the images as part of a final product or work.
Unauthorized use of the images and videos or use of the images and videos without the respective commercial licenses may cause a violation of copyright and give rise to a claim, as provided by the US and international copyright laws.
Even when the Customer purchases an Artwork, the ownership of any and all intellectual property rights in the Artwork remain vested in Jindra Noewi. The Customer does not acquire any rights to multiply, reproduce, or modify the Artwork without having written permission to do so.
The Customer may not commercially exploit the Artwork, other than by re-selling the Artwork. The Customer solely acquires the right to display the Artwork in their home.
The Customer’s purchase of an Original or a Print Artwork does not, in any way, limit Jindra Noewi to sell this exact Artwork as a Print Artwork to any other customer.
Any depiction and/or image of the Artwork in the Customer’s home or interior in any publication, including, but not limited to, social media, magazines, or books, must come with attribution of Jindra Noewi and the title of the Artwork.
Links to Third Party Sites/Third Party Services
noewisart.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Jindra Noewi and Jindra Noewi is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jindra Noewi is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jindra Noewi of the site or any association with its operators.
Certain services made available via noewisart.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the noewisart.com domain, you hereby acknowledge and consent that Jindra Noewi may share such information and data with any third party with whom Jindra Noewi has a contractual relationship to provide the requested product, service or functionality on behalf of noewisart.com users and customers.
All materials on noewisart.com, 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 Jindra Noewi or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on noewisart.com 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 Jindra Noewi’s 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 Jindra Noewi or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
You agree to defend and indemnify Jindra Noewi 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.
Your purchase of the products.
Use of Communication Services
No responsibility will be accepted by Jindra Noewi 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.
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.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Jindra Noewi welcomes your questions or comments regarding the Terms:
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