These terms and conditions regulate the business relationship between you and us. By using photos-art.org Web Site in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase products.
We are: www.photos-art.org Web Site hereby referred to as Our Website
You are: visitor to www.photos-art.org Web Site our customer
1 Definitions
In this agreement:
“Products” means any of the forms of art work- a print, a book or any other form which we offer for sale on Our Website
“Content” means information in any form published on Our Website.
“Carrier” means any person or business contracted by you to carry prints from us to you, whether all or part of the distance.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Website; and
2.1.2 in any event to you as a buyer or prospective buyer of our Products.
2.2 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when and where you can collect your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site and we shall inform you the right current price valid at the time of your order.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you post your order.
2.5 All descriptions, weights and sizes of the prints are those of the artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.7 If we owe you money (for this or any other reason), we will send you a cheque as soon as reasonably practicable but in any event no later than 30 days from the date we agree upon our debt to you.
2.8 Products are at your risk from the moment they are picked up by the Carrier from our premises.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Israeli Shekels will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
4.2 We will use our reasonable endeavors to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
4.3 To subscribe to our Newsletter (in any language) you must provide us with a valid email. You may also choose to provide us with your name, but this us not mandatory. These data are kept by us for the exclusive aim of sending you the newsletter, and never shared or sell to any third party entity.
4.4 You may choose to cancel your subscription to the Newsletter at any moment. If you do so, your status will be marqued as “unsubscribed” in our database and you will not receive any more newsletter from us, but we may keep your email until the next cycle of database purge, which occurs at regular intervals.
5 Delivery
5.1 Deliveries will be made by a Carrier appointed by you, at your responsibility. However, if you like to accept our recommendation of a Carrier, you shall do so at your own responsibility.
5.2 If we are not able to hand the Products to your carrier within 60 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
6 Returns and refunds
There shall be no returns nor refunds for prints, unless your order is canceled and the cancellation is confirmed by us, within 24 hours of ordering.
7 Disclaimers
7.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Products, at any time and without advance notice. We reserve the right to make changes to Our Website, our policies, our Terms of Use and these Terms of Sale at any time and in our sole discretion. Therefore, you should review our policies, terms and conditions each time you visit Our Website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
7.2 You are advised that Content may include technical inaccuracies or typographical errors. This term especially refers to differences in colors and textures of the prints as viewed on your computer screen- the variability of which are due to the differences in hardware and are solely at your responsibility. Our Website, shall not refund any money paid for order due to such differences of colors and textures of the prints of the actual product you have received.
7.3 We give no warranty and make no representation, express or implied, as to:
7.3.1 the adequacy or appropriateness of the prints for your purpose.
7.3.2 8.3.3 any implied warranty or condition as to merchantability or fitness of the prints and Services for a particular purpose;
7.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
7.3.5 compliance with any law;
7.3.6 Our Website contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of prints.
7.6 In any claim against us our liability is limited to the value of the prints you have purchased in the contract which is the subject of the dispute.
8 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
9 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
10 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
11 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including war, terrorist’s attack, flood, fire, earthquake etc. be it a natural cause or man-induced condition.
12 Governing Law
This Agreement shall be governed by and construed in accordance with the law of Israel. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The state courts located in Tiberias, Israel will have exclusive jurisdiction to settle any dispute between us in relation to our products or services.
