Terms & Conditions - andreaferro.eu

1. DEFINITIONS

(The singular shall include the plural, and vice versa. Any reference to one gender shall include the other)

“Andrea Ferro” shall also be referred to as “us”, “our”, and “we”, throughout these Terms, and shall include any directors, officers, employees, affiliates, agents, Contractors, interns, suppliers, and service providers, unless stated otherwise throughout these Terms or additional written correspondence, to expressly relate to these Terms.
“Artwork” shall refer to any Artwork and other chargeable items whatsoever identified on the Website, Order Confirmation, or in an Invoice.
“Buyer” shall refer to any body, Individual or Business, who makes any enquiry about purchasing Artwork from us, and/or purchases Artwork in line with these Terms.
“Collection” shall refer to You or a third party courier, either authorised by You or us in writing, removing the Artwork from our premises, or any other premises as authorised by us. Upon Collection, risk of damage or loss to Artwork will pass to you.
“Content” shall refer to any text, graphics, image, audio, video, software, data compilation, page layout, underlying code or software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by users.
“Contract” shall refer to a Contract for the sale of goods (Artwork), as constituted by these Terms, together with any Sale and Purchase Agreement, the Specification of Artwork on the Website, the Order Confirmation, or an Invoice, including any confirmation of changes or express referencing to ancillary documentation and correspondence, which together shall form the Contract for the sale of Artwork.
“Cookies” shall refer to a small text file placed on your computer by this Website, or third party providers used by this Website.
“Data” shall refer to all information that you submit to Andrea Ferro via the Website.
“Data Protection Laws” shall refer to any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation.
“Domain” shall refer to the country, state, origin, or province to which Artwork is to be Shipped.
“Disbursements” shall refer to such costs as Shipping and insurance, and any other such costs mentioned as Disbursements in an Invoice.
“GDPR” shall refer to General Data Protection Regulation (EU) 2016/679, in place since 25 May 2018.
“Invoice” shall refer to the document we submit to You requesting payment of the Total Cost for any Artwork You have requested to Order. Please note, Invoices will not be sent for purchases made via the Website, which will instead be confirmed via an Order Confirmation email.
“Net Sale Price” shall only refer to the price of the Artwork, excluding Disbursements and other costs as set out in Your Invoice or Order Confirmation.
“Order” shall refer to any purchase of Artwork made via the Website, or the verbal or written request by You for us to acquire Artwork and/or sell Artwork, if already in stock, to You.
“Order Confirmation” shall refer to the email we send to Buyers having submitted an Order to purchase Artwork through our Website.
“Our Contact Details” shall refer to andreaferro.art@gmail.com
“Packaging” shall refer to any Packaging materials used in the preparation of Artwork for Shipping.
“Parties” unless mentioned otherwise, shall refer to “us” and “You”.
“Payment Service Provider” shall refer to our third party payment systems providers, whose payment facility our Website may direct You to.
“Specification” – shall refer to the description of the Artwork as sold, including the title, age, material and technique of the artist, dimensions, edition size, markings, and authenticity, together with any other feature or description, including marks or damage, of the Artwork, which shall either be detailed on our Website or an Order Confirmation for online purchases, or in an Invoice.
“Shipping” shall refer to any transportation of Artwork within France mainland or to any other Domain, worldwide.
“Taking Delivery” unless mentioned otherwise, shall refer to risk of damage or loss to Artwork passing to the buyer upon the Buyer or their representative accepting delivery through the signature of delivery forms when Artwork has been delivered at the delivery address detailed in an Order Confirmation or Invoice.
“Terms of Business” unless clearly identified as anything different, shall refer to this entire document, which may also be identified as “Terms”.
“Total Cost” – shall refer to the Gross Sale Price plus Disbursements, as displayed in an Order Confirmation or Invoice.
“Website” unless mentioned otherwise, shall refer to the Domain name and all content, including the e-commerce sales platform for online purchases, found at www.andreaferro.eu
“Writing” or “Written” shall refer to any Writing in a durable form served on the other Party, or electronic text in a lasting form, to include electronic email communications.
“You” and “Your” shall refer to You as the “Buyer”.

2. ACCEPTANCE

2.1. These Terms apply between You, the user of this Website, and Andrea Ferro, the owner and operator of this Website. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website.

2.2. By raising any query with us by any means for the purchasing of Artwork You are confirming You are at least 18 years of age, or at least the age of majority in Your Domain, and agree to be bound by these Terms of Business.

2.3. From time to time these Terms, the Website, our social media channels and privacy policy, may be updated or amended again at our sole discretion with no prior notice to You, other than their republication. Our Terms in force at the formation of a particular Contract shall apply to that Contract.

2.4. In addition to any fraud and anti-money laundering processes of our Payment Service Providers, we reserve the right, at our sole discretion, to cancel a Contract and refuse to sell You Artwork for any reason, including insolvency or bankruptcy, subject to our unfulfilled Contractual obligations under these Terms.

3. PLACING AN ORDER

3.1. An Order is placed and a Contract is formed when You complete Your purchase of Artwork either through our Website, subject to clause 5.3, or You confirm Your acceptance in Writing of an Invoice for purchases not made through the Website.

3.2. A Contract for the sale of Artwork ordered through our Website will be formed once you receive Order Confirmation. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.

4. RETURNS & REFUNDS

4.1. If You are an Individual based in the EU, Switzerland or the UK, You have a right to cancel a Contract for any reason subject to the EU Consumer Rights Directive. This means that if You purchase Artwork through the Website or by any other distance selling method, and You subsequently change Your mind or decide for any other reason to cancel the Contract up to the point of Collection or Taking Delivery of Artwork, or within 14 days of Taking Delivery of Artwork, then You can notify us of Your decision clearly in Writing to cancel the Contract by using Our Contact Details.

4.2. If Artwork is returned or the Contract is cancelled under the provisions of clause 4.1, or for any other reason unrelated to damage before Taking Delivery or not matching the Specification, You will be liable for all return Packaging, insurance, and Shipping costs. Return addresses must be confirmed by us in Writing. Providing the Artwork is returned to us matching its previously described Specification, You will receive a full refund of the Net Sale Price paid into the same account used for payment (unless otherwise specified between both Parties) within 14 days of us Taking Delivery.

4.3. Further to clause 4.1, if You cancel a Contract after the Artwork has been Shipped, then we encourage You not to open the Artwork upon Taking Delivery, as this can result in damage and unnecessary handling. Any damage caused to Artwork after You Take Delivery, or Collect Artwork if You arrange for Your own Shipping and insurance, will be subject to deductions in refunds, as calculated by us.

4.4. In addition to the timescales for Individual returns and refunds in clauses 4.1 to 4.3, unless You have arranged for Your own Collection, or Shipping and insurance, You must report to us any substantial damage occurred in transit to the Packaging of Artwork before removing Packaging within five (5) working days of Taking Delivery. Beyond such time, subject to clause 8.9 or Artwork not matching the Specification, we shall have no further liability to You for loss of any sort.

4.5. Subject to clause 4.4, and our confirmation for You to proceed after performing Your obligations in clause 4.4, You must remove Artwork from all Packaging and Shipping containers and inspect for any defects and to report such defects to us within five (5) working days. Beyond such time, we shall have no further liability to You for loss of any sort.

4.6. Any evidence of damage prior to Taking Delivery or Artwork not matching its Specification, must be shown in the form of clear photographs and sent using Our Contact Details. We will respond in Writing either confirming our consent to the return, or rebutting Your request giving valid reasons. Subject to all consumer rights in relation to returns in clauses 4.1 to 4.3, returns must not be sent without our express authority in Writing.

4.7. Further to clause 4.6, returns must be sent within thirty (30) days of our written authority. Beyond such time, we shall have no further liability to You.

4.8. Further to clause 4.7, providing the Artwork is returned to us matching its previously described Specification on the Website, or Invoice, within 14 days from Taking Delivery we will provide You with a full refund of the Total Cost, either arranging for return Shipping, or reimbursing You of Your Shipping and insurance costs if clause 8.9 applies, subject to the production of all receipts or Invoices from You for such costs. Please note that this returns policy is subject to the provisions on Shipping and insurance in clause 6.

5. PAYMENTS & INVOICING

5.1. Although the price and the Specification of the Artwork may be discussed verbally or in Writing prior to the production of an Invoice, or displayed on the Website, unless expressly referred to in the Invoice or Order Confirmation, any such details do not form part of the Contract for the sale of Artwork.

5.2. In the interests of fraud prevention, unless payments are made directly through our Website, for any links to Payment Service Providers, or emails enclosing Invoices that are sent to you, we ask that you check the bank details carefully and if in doubt contact us using Our Contact Details to obtain our confirmation that the request has come from us, and not a fraudulent third party, before making any payments.

5.3. Payment will be taken immediately for payments through the Website, subject to sufficient funds in the debited account and processing of our Payment Services Provider. In the event the price or Specification of Artwork purchased through the Website is incorrect, we will contact you to seek your confirmation to the changes. If you do not agree to the changes, the Total Cost of the Artwork will be refunded to the same account used for payment.

5.4. Invoices are valid and must be paid in full within 7 days via SEPA, or card payments made over the Website, or via a link to our Payment Service Providers, subject to our sole discretion and as confirmed by us in Writing.

5.5. Please note, purchases made by Individuals outside the EU (and not made through the Website), may be subject to a small surcharge of between 1.5% and 5.5% to cover the charges of our Payment Services Provider. The exact percentage and corresponding fee will be confirmed in Writing before we take any payment.

5.6. In addition to any change in Your requirements as to affect pricing, we reserve the right, at our sole discretion and with immediate effect, to change the Total Cost prior to and after payment in part or full if the following costs to us change outside of our control:

a) Foreign exchange fluctuation;
b) Currency regulation;
c) Alteration of duties;
d) Change in delivery dates;
e) Quantities or other Specifications;
f) Delay or failure by the Buyer to give adequate instructions in relation to any Order.

5.7. Buyers in France (and the EU) must make payments in EUR Euro, and for purchases made by international Buyers outside of France, the Buyer is liable to pay any transfer fees. You will become liable to settle any such reductions in payments to us as a result of payments made in a currency not denominated in an Invoice.

5.8. Shipping of Artwork, as better explained in Clause 6 below, cannot take place prior to payment in full for the Total Cost.

5.9. We will endeavour to provide You with a confirmation of payments received, and receipts will be issued in a timely manner upon Your request.

6. SHIPPING & INSURANCE

6.1. For any purchases not made via the Website, You, or a nominated and authorised third party, shall be responsible for inspecting the Specification of Artwork at any premises the Artwork is held prior to Shipping, including our premises or those of a third party Seller.

6.2. For the purchase of Artwork stored in our facilities prior to Collection or Shipping, we hereby guarantee safe storage and full indemnity for any Artwork damaged, or part thereof, up to the Net Sale Price, excluding all other liability for lost profits and other consequential losses whatsoever.

6.3. Unless Artwork is Collected, we automatically include Shipping insurance within the Total Cost for all Artwork sold by us to countries within the EU, Switzerland or the UK (if we arrange Packaging and Shipping). As such, our Total Cost therefore includes Shipping, Packaging, and Insurance. Please note that our insurance does not cover any damage or loss caused by acts of terrorism or customs inspections.

6.4. For Artwork sold to all other worldwide Domains (outside of the EU, Switzerland or the UK) and not Collected, the Total Cost is subject to a supplementary fee pertaining to Shipping, Packaging, and Insurance. For purchases made through the Website this additional Shipping fee will be displayed during check out dependant on Your delivery address. Please note that our insurance does not cover any damage or loss caused by acts of terrorism or customs inspections.

6.5. Alternatively to clauses 6.3 and 6.4, you may prefer to arrange Your own insurance. Please note that if You do provide Your own insurance, we shall not be liable for any damage or loss to the Artwork after Collection.

6.6. Should You choose Your own methods of Shipment, whether You Collect the Artwork in person or use a third party courier as authorised to us in Writing, ‘risk’ shall pass to You, the Buyer, upon Collection.

6.7. You shall be responsible for complying with any legislation or regulations governing the importation of Artwork into the country of destination or Domain and for the payment of any duties or taxes on the Artwork. We do not accept liability for the damage or loss of Artwork confiscated, seized, removed or damaged by customs authorities or other government agencies unless this was caused by our negligence or breach of these Terms in any other way. Under no circumstances will we comply with requests to mark down the value of Artwork for customs duty purposes, or for any other reason.

6.8. Title in the Artwork remains with Andrea Ferro until payment of the Total Cost has been made in line with clause 5. Only at this point will title in the Artwork be transferred to You.

6.9. For purchases made via the Website, or if we have arranged Shipping, we will endeavour to notify You of expected delivery dates, together with any third party Terms You should reasonably be made aware of in relation to Shipping and insurance.

6.10. You must not unreasonably refuse delivery of Artwork. Unless notification and sufficient proof can be provided to support a reasonable refusal of delivery within three (3) working days, such as a force majeure event, then Your acceptance of delivery upon the date of arrival of the Artwork will be assumed.

6.11. Unless agreed otherwise in Writing (including email), Andrea Ferro hereby agrees to:

a) If requested, Package and Ship Artwork in a timely manner – we estimate 3 days, with delivery normally being made within 30 days, but please note that we make no guarantee of this timescale. We will keep you updated on the progression of Shipment.
b) Comply with the Terms of our privacy policy and process Your Order with the utmost confidentiality.

6.12. Subject to our sole discretion, we will accommodate Your reasonable requests for delayed Shipping and Collection for up to 30 days, or as agreed with us in Writing. In this time we will hold Artwork in our storage facilities in line with Clause 6.2. Beyond this time, risk of damage will pass to You and You will become liable to pay us any resulting storage and insurance costs.

6.13. If You or Your nominated third party fail, through no fault of ours, to Take Delivery of any Artwork, we may charge You the reasonable costs of storing and redelivering them (Shipping fees and other Disbursements).

7. INTELLECTUAL PROPERTY AND ACCEPTABLE USE

7.1. All Content included on the Website, unless uploaded by users, is the property of Andrea Ferro, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior Written permission.

7.2. The name and branding, together with any images or other graphics, is our intellectually property, and as such, is the exclusive worldwide property of Andrea Ferro, as is the Content and layout of the website, together with the registered domain name, Facebook page, social media channels, and any contracts or other documents produced by us.

7.3. Further to clause 7.2, use of such intellectual property is strictly limited to your personal use, providing that you, nor any third party you permit, uses, copies, duplicates, reproduces, passes off, modifies, or distributes such intellectual property without us providing you with a licence detailing the exact terms of use, including applicable royalties.

7.4. You may, for your own personal, non-commercial use only, retrieve, display and view the Content of this Website on a computer screen.

7.5. Should you contravene clause 7.3, you hereby agree to remunerate us and pay any such royalties, damages, or other charges as may be appropriate for each occasion you, or a third party you permit, uses our intellectual property.

7.6. You may not use the Website in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website; in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

8. PRIVACY

8.1. This privacy policy applies only to the use of this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

8.2. In the establishment of a Contract between Parties, we may collect, and not limited to, the following Data from You: name; contact information such as email addresses and telephone numbers; delivery and billing addresses; other user activity collected by Cookies.

8.3. We automatically collect some information about your visit to the website. This information helps us to make improvements to website content and navigation, and includes your IP address, the date, times and frequency with which you access the website and the way you use and interact with its content.

8.4. We will collect Your Data automatically via Cookies, in line with the cookie settings of Your internet browser in line with clause 9.

8.5. Payments through the Website are processed by Stripe, PayPal, Apple Pay, or other Payment Service Providers offered by us and chosen by You at check out. Your payment details are processed securely by Your chosen third party Payment Service Provider, and are not held in any way by us.

8.6. We may share Your Data with third party Payment Service Providers who process payments made over the Website – in order to fulfil transactions and purchases.

8.7. We may expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Andrea Ferro. Data provided by users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

9. COOKIES

9.1. This Website may place and access certain Cookies on your computer. This Website uses Cookies to improve your experience of using the website and to improve our range of products.

9.2. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed by altering the appropriate settings within your browser.

9.3. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the website more quickly and efficiently including, but not limited to, personalisation settings.

9.4. By continuing to use our Website without changing your privacy settings, you are agreeing to our use of Cookies.

9.5. This website is built using WordPress and uses other third party service providers, including web shop facilities and Payment Service Providers. Please use the links listed below to see lists of Cookies used by these providers and the reasons for their use:

10. LIMITATION OF LIABILITY

10.1. We shall not be liable to You for any defect arising in the Artwork through fair wear and tear, wilful damage, or neglect, together with any failure to follow any instructions in the handling and use of Artwork after Collection or Taking Delivery.

10.2. Unless purported fraudulently by us, we shall not be liable to You by way of any representation, implied warranty, or other Terms, whether at common law or implied by statute, to the extend such liability can be lawfully excluded, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses, or other claims for compensation whatsoever, including that caused by negligence, arising out of or in connection with the supply of Artwork (including delay or failure to supply) or use of Artwork or resale by You. Henceforth, our entire liability under or in connection with the Contract shall not exceed the Net Sale Price of the Artwork, other than as expressly provided for in these Terms.

10.3. The content of our Website and other marketing platforms is for general information purposes only, and as such, is subject to change without notice. We also cannot guarantee the availability of our Website and other marketing platforms, nor that they will be free from bugs or viruses, and as such, we exclude our liability to You for any damage or loss caused to You whatsoever in You accessing any such platforms, to include our social media channels.

10.4. Subject to clauses relating to Shipping and insurance, ‘risk’ of damage to Artwork passes to You upon Taking Delivery of Artwork.

10.5. Whether or not Shipping and insurance is arranged by us or You, we make no guarantees of the timeliness of transit.

10.6. Although every effort has been made in our Invoices and Order Confirmations to accurately encapsulate the Contract of sale in conjunction with these Terms, we make no guarantees of the accuracy of the information, and as such, any minor typographical errors are subject to correction by us in a timely manner without any liability to us, providing such corrections do not unreasonably prejudice You. As such, we reserve the right to cancel contracts for the aforementioned reason, including limited stock or logistical problems in relation to Shipping.

10.7. Subject to operating with reasonable care, we cannot accept liability for payments You mistakenly make to third parties, whether these be lawful or unlawful. Your attention is therefore drawn to clause 5.2 for the steps you should take to make payments correctly.

10.8. Whilst every effort is made to accurately represent Artwork in photographs and texts, such material may not constitute a true representation of the Specification of Artwork, and as such, we cannot accept liability for imprecise representations of the Specification of Artwork through photographs.

10.9. Nothing in these Terms shall affect either Party’s liability for fraudulent misrepresentation, or death or personal injury caused by negligence, fraud, or wilful misconduct by the other Party.

10.10. Neither party shall be liable to the other to the extent that any of the following force majeure event prevents that party from performing their obligations under these terms:

a) Terrorism, civil commotion, riot, invasion, war threat or preparation for war;
b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, bad weather or other natural physical disaster;
c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) Import or export regulations or embargoes;
e) Strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of the Dealer or of a third party).

10.11. To the maximum extent permitted by law, Andrea Ferro accepts no liability for any of the following: Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.

10.12. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Andrea Ferro or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

11. GENERAL

11.1. These Terms of Business supersede any prior agreement, understanding or arrangement between You and Andrea Ferro, whether oral or in Writing.

11.2. These Terms of Business are meant to be read as a whole document. Each Clause heading and subheading is merely there for guidance and shall not affect the interpretation of these Terms.

11.3. If any part of these Terms remains to be enforced, this does not preclude any Party from enforcing that part at a later date and should never be interpreted as a waiver in any way or to mean that any other part of these Terms will not be enforced at a later date.

11.4. If any court or competent authority finds that any provision of these Terms (or part of any provision) is unlawful, invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

11.5. Any waiver, side agreement, or annexation to these Terms must be affected and agreed to in Writing by the Parties to clearly relate to these Terms.

11.6. These Terms are governed by French and EU law and You agree to submit to the exclusive jurisdiction of the courts of France.

11.7. We try to resolve any dispute where feasibly possible, so we deal with complaints in the following way: If you are unhappy with your purchase or it arrives damaged, please contact us using Our Contact Details (as included below) and we will try to resolve the problem as soon as possible.

CONTACT DETAILS

If you wish to contact us, either prior to placing an order or in relation to a purchase from us, please do so using the contact form here or via email to andreaferro.art@gmail.com.