TERMS AND CONDITIONS
July 16, 2020
These Terms of Service (“Terms”) govern your relationship with https://www.lalou.art (the “Service”) operated by Lalou.art (“us”, “we”, or “our”).
Please read these Terms of Service carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The purpose of the Lalou.art Site is to present Artworks from artists available on other Websites (hereinafter the “Sellers”) to the users of the site (potential “Customers”), and to give them the opportunity to discover and buy them online. These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks available on the site, and to define each party’s rights and obligations in such a relationship. The sales made through the Site are contracted directly between the Customer and the Seller. Lalou.art not, in any respect, a reseller of the Artworks proposed by the Sellers through the Site. Lalou.art acts as a simple middleman in the context of the provision of the Site that allows Sellers and Customers to connect. As a result, Lalou.art is not a party to the contract which is concluded only between the Customer and the Seller, who is the only Seller of the Artworks and therefore the only one bound to obligations arising therefrom.
The Artworks are offered for sale on the Seller’s website, subject to their availability. Each of the Artwork offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type. To order an Artwork, the Customer must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a User account). Before validating the order, the Customer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs. The Customer will not be charged for the payment before his/her purchase offer has been validated, which is done within 48 hours by Lalou.art, in order to ensure the Artwork’s availability from the Seller. If the Artwork is no longer available, an email informing the Customer will be sent within 48 hours, cancelling the order.
Lalou.art uses commercially reasonable efforts to accurately display the colours of Artworks via the Site and Services. However, because individual computer monitors may display colours differently, Lalou.art is not responsible for the color accuracy of any Artworks displayed on the Site and Services, and disclaims all liability in this regard.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: you have the legal right to use any credit cards or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability And Errors
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Artworks are offered for sale on the Seller’s website, subject to their availability. Each of the Artwork offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type. To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a User account). Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs. The Buyer will not be charged for the payment before his/her purchase offer has been validated, which is done within 48 hours by Lalou.art, in order to ensure the Artwork’s availability from the Seller. If the Artwork is no longer available, an email informing the Buyer will be sent within 48 hours, cancelling the order.
The delivery of the Artworks is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the carrier chosen upon ordering. The Buyer must inform him/herself about the procedures and delivery schedules implemented by the various delivery services providers. Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the artwork, as well as the conformity of the later are the sole responsibility of the Buyer, Lalou.art’s shall in no case be held liable for failure to comply by the Buyer, who is entitled to lodge a complain against the delivery service provider. The Buyer must, as soon as he receives the order, check the condition of the artwork, and mention any reservation immediately and in writing, at the latest within 48 hours, to Lalou.art, who will transfer to the Seller.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the firstname.lastname@example.org with a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by artists), features and functionality are and will remain the exclusive property of Lalou.art. The Service is protected by copyright, trademark, and other laws of both Portugal and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lalou.art
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Lalou.art.
Lalou.art has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Lalou.art shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Lalou.art, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Lalou.art its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms & Conditions, please contact us: email@example.com