Terms and Conditions

The following terms and conditions constitute a legally binding agreement (the "Agreement") between you (the "Customer") and Arte en la Pared (as defined below) that governs all use by you of the arteenlapared website. com (the "Site") and the services available on or within the site (together with the use of the site, the “Services”).

The Services are offered subject to your acceptance without modification of all the terms and conditions contained herein. We also have other policies and procedures including, but not limited to, shipping, return policy, privacy policy, and others. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHER, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this Agreement, please do not use the Site or any other Services.

1. Access and membership

To enjoy all the benefits of Art on the Wall, you can register your account and become a member ("Member"). Membership requires you to register on the Site (by truthfully completing all required personal information). You can opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling online on the Site. To complete registration, you will need to provide a first name, last name, email address, and password. You may never use another user's Wall Art account without that user's permission. You are solely responsible for the activity that occurs under your account and you must keep your account password secure. You must notify Wall Art immediately of any breach of security or unauthorized use of your account. Although Art on the Wall will not be responsible for your losses caused by unauthorized use of your account.

Art on the Wall may change, suspend, or discontinue the Services, Products, fees, charges, and terms at any time, including the availability of any features or content. Art on the Wall may also impose limits on certain features and Services or restrict User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to Wall Art that you are at least 18 years of age. If you are using the Services on behalf of an organization or entity, then you certify that you are legally authorized and have permission to bind that organization or entity to this Agreement and use the Services. Notwithstanding the foregoing, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.

2. Modifications

Wall Art reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications shall be effective immediately upon posting by Art on the Wall on the Site. You are responsible for reviewing and familiarizing yourself with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications to this Agreement. Your use of the Site and other Services after Art on the Wall posts modifications to the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must give Art on the Wall written notice, including by email (and your Art on the Wall account will be delete) to close your account within 30 days of notification.

3. Use of services

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services, platforms and integrations subject to this Agreement and the following restrictions in particular:

A. Do not attempt to harm our systems. You agree not to interfere with or attempt to disrupt our Services, for example by distributing a virus or other harmful computer code on our platforms, third-party services, or other programs or systems that our customers may use. You agree not to use the Services to: (i) knowingly send, receive, upload, download, use or reuse any material that does not comply with this Agreement; or (ii) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm any Wall Art Part or expose any of them to responsibility. You agree that Art on the Wall reserves the right to audit our platforms (systems) to ensure the integrity and compliance with this Agreement, at Art on the Wall's sole discretion.

B. Follow the brand guidelines. The name “Art on the Wall”, our iconography, phrases, logos and designs that we use in connection with the Products or Services we provide are trademarks, service marks or trade dress of Art on the Wall in the United States, Mexico, the European Union and all other countries, which are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, Wall Art does not grant you any rights to use its trademarks, service marks, or trade dress. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in whole or in part your own trademarks; (ii) in connection with activities, Products or Services that are not ours; (iii) in a way that may be confusing, misleading or false; or (iv) in a way that disparages us or our information, Products or Services (including the Site). Art on the Wall reserves the right to request that you immediately remove any misused iconography, phrases, logos and designs at our sole discretion.

C. Share your ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other material you submit to Art on the Wall are considered non-confidential and non-proprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.

4. Services

Art on the Wall is dedicated to making our services the best they can be, but we're not perfect, and sometimes things can go wrong. You understand that our Services are provided "as is", with all faults and without warranties of any kind (express or implied), except for the warranties provided with respect to the Products in Section 5 below. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR USAGE OF TRADE, WITH RESPECT TO THE OUR SERVICES, EXCEPT FOR ANY WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO THE PRODUCTS IN SECTION 5 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:

Yo. the Services will be secure or available at any particular time or place: Art on the Wall shall not be liable for delays, interruptions or loss of data in connection with the use of our Site and Services

ii. any errors for which Art on the Wall is responsible will be corrected;

iii. the Services will always be free of viruses or other harmful material; either

iv. the results of using the Services will meet your expectations. You use the Services at your own risk.

5. Limited Product Warranty

A. Limited Warranty. We warrant that, upon delivery of a product to a User, the Product will be free from material defects or damage (the "Limited Warranty").

B. Who can use this guarantee? Art on the Wall extends the Limited Warranty to Users only. All Limited Warranty coverage ends if User sells or transfers a Product.

C. What is not covered by this warranty? This Limited Warranty does not cover any damage or defect in a Product caused by any of the following: (a) you or any third party; (b) any improper handling (including during shipment), use or storage of the Product; (c) any failure to follow Product instructions; (d) any modifications to the Product; (e) any unauthorized repair of the Product; or (f) any external cause such as accident, fire, flood, "acts of God" or other actions or events beyond our reasonable control; or (g) any cost or expense related to loss of use of the Product or any other cost or expense not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, resizing, or buyer's remorse.

Finally, as noted elsewhere in this Agreement, unfortunately we cannot guarantee that colors and details in images on our website are 100% accurate representations of a Product, and sizes may be approximate in some cases. Accordingly, this Limited Warranty does not cover such matters.

A. What is the coverage period? This limited warranty begins on the date of delivery of the Product to the User and lasts for fourteen (14) days (the "Warranty Period").

B. What are your remedies under this warranty? With respect to any materially defective or damaged Product, at our sole discretion: (a) we will replace such Product (or the defective or damaged part of the Product) free of charge, or (b) we will refund the purchase price paid to us by the User along with with shipping fees for defective or damaged Products.

C. How do you get warranty service? Immediately upon delivery of a Product, you will inspect the Product. If a Product is materially defective or damaged upon receipt, or if you received the wrong Product, then to be eligible for service under this Limited Warranty, you must file a claim within the Warranty Period in accordance with our returns policy.

D. LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 5 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR UNDER NO CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHALL YOU BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT LOSS OR DAMAGE , SPECIAL , EXEMPLARY, IMPROVED OR PUNITIVE DERIVED FROM OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE ABOVE DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE ABOVE DAMAGES, (III) LEGAL THEORY OR EQUITABLE (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY CIRCUMSTANCES SPECIFIC TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH REGARD TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. Liability of site members and visitors

Violation of this Agreement or any other rule will result in the termination of your Art on the Wall account.

Wall Art and its designees shall have the right (but not the obligation), in their sole discretion, to pre-screen, reject or remove any Content that is made available through the Services. Without limiting the foregoing, Art on the Wall and its designees shall have the right to remove, block and disable any Content. You agree that you must evaluate and, to the extent permitted by law, bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block or disable Hosted Content, and take technical and legal measures to keep you off the Site if we think you are creating trouble, causing potential legal liability, violating this Agreement, or acting in a manner inconsistent with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for long periods of time. You are responsible for providing Art on the Wall with accurate and truthful information (including, without limitation, your first and last name). If you have provided Art on the Wall with inaccurate or false information, you will (a) be liable to Art on the Wall for damages and losses (including, without limitation, taxes) arising from such inaccurate or false information, (b) reimburse such damages and losses (including, without limitation, taxes) to Art on the Wall, and (c) Art on the Wall shall have the right to collect from you for such damages and losses (including, without limitation, taxes) and to otherwise limit or suspend your access to the Services.

7. Payments and fees

You may choose to save your billing information to use for all future orders and charges associated with Wall Art Products and/or Services. In such event, you also acknowledge and agree that this information will be stored and processed by third-party service providers that are PCI DSS compliant.

When you order a Product, or use a Service that has a fee, you will be charged and agree to pay the fees in effect at the time the order is placed. We may change our rates from time to time (for example, when we have holiday sales, we offer you a discount from basic product prices, etc.). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or notify you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. Then you may receive an email from us.

By placing an order through the Site, you confirm that you have the legal right to use the offered means of payment and, in the case of card payments, that you are the cardholder or have the express permission of the cardholder to use the card to make payment. In the event of unauthorized use of a payment method, you will be personally liable and will reimburse Art on the Wall for any damages resulting from such unauthorized use.

With respect to payment methods, you represent to Art on the Wall that (i) the billing information you provide to us is true, correct and complete and (ii) to the best of your knowledge and belief, charges incurred by you will be accepted by your financial institution (including, but not limited to, credit card company) or payment service provider.

If you make a return that does not comply with our return policies (outlined here), you will reimburse Art on the Wall for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 per chargeback). ).

We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time in our sole discretion. We will not be liable to you or any third party for refusing or suspending any transaction after processing has begun.

You are responsible for paying all applicable fees, payments and taxes associated with our Site and Services. After receiving your order, you may receive an email from us with details and description of the Products ordered. Payment of the full price plus tax and delivery must be made in full prior to shipment of your Products.

Art on the Wall in its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. More information about available discounts can be found on the Site, in marketing and promotional emails, or through other channels or events that Art on the Wall may use or participate in.

8. Shipping

Once you have confirmed your order, you may not be able to edit or cancel your order. If you want to change some parameters, customer addresses, etc., check if this option is available in your account. We are not obligated to make such modifications to your order, but we will do our best on a case-by-case basis.

Risk of loss, damage and title to the Products pass to you upon delivery to the carrier. It will be your responsibility to file any claim with a carrier for a lost shipment if the carrier's tracking indicates that the Product was delivered. In such case, Art on the Wall will not make any refund and will not reship the Product.

If carrier tracking indicates that a Product was lost in transit, you may submit a written claim to replace the lost Product in accordance with Wall Art's Return Policy. For products lost in transit, all claims must be filed no later than 14 days after the estimated delivery date. All such claims are subject to investigation by Art on the Wall and at its sole discretion.

9. Description of products

While many component parts of our Products are standard, all Products available for purchase are described on their dedicated page on our Site. We always try to represent each design as accurately as possible through photographs and copy points provided by designers, artists, or photographers.

We have a policy of continuous product development so that we can offer you what we believe to be the best design combined with the best performance and therefore we reserve the right to change product specifications, pricing, packaging and any associated services at any time. time, without prior notice. Before ordering, we invite you to look carefully at the description and design of the product.

We use our best efforts to provide you with the best images and descriptions, but unfortunately we cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes may be approximate in some cases.

10. Purchase of products

Your order is the purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any products in the same order that we have not accepted are not part of that contract. We may choose not to accept any order at our sole discretion.

Orders are placed and received exclusively through the Site. Before placing an order, it is your responsibility to verify and determine the full capacity to receive the Products. The correct name of the recipient, the delivery address and postal code, the updated telephone number and the email address are absolutely necessary to guarantee the successful delivery of the Products.

All information requested on the payment page must be filled in precisely and accurately. Art on the Wall will not be responsible for delivery missed due to incorrect or misspelled recipient's first or last name, delivery address or inappropriate phone number. If you wish to request a change to the delivery address, telephone number or any other special requirements, please contact Art on the Wall.

11. Delivery

We ship to most places in the world. You will have to cover shipping costs. Shipping prices are in addition to the Product price and may vary depending on the delivery location and/or type of Products, and additional charges may be added to the order for remote or hard-to-reach locations that require special attention.

Some products are packaged and shipped separately. We cannot guarantee delivery dates and, to the extent permitted by law, we do not accept any responsibility, apart from notifying you of any known delays, for Products delivered after the estimated delivery date. The average delivery time may be displayed on the Site. It is only an average estimate, and some deliveries may take longer or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming the order may be subject to change. In any case, we will do our best to contact you and advise you on all changes. We do our best to make the delivery of the Product as simple as possible.

Title to the Products will only pass to you after we receive full payment of all sums due in respect of the Products, including shipping charges and taxes, and deliver the Products to the carrier.

12. Release

To the fullest extent permitted by law, you release us and all other Wall Art Parties from any and all claims and demands, as well as all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees and other expenses incurred or suffered by any Art on the Wall Party, of whatever kind and nature, known and unknown, related to or arising out of any right, claim or matter (a) that is disallowed by Art on the Wall Wall (or for which Art on the Wall makes no warranties) under this Agreement, or (b) for which Art on the Wall is indemnified or released by you under this Agreement.

13. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold Art on the Wall and the other Art on the Wall Parties harmless from any claim or demand made by a third party, as well as any and all damages, losses , liabilities, judgments, costs, reasonable attorneys' fees and other expenses of every kind and nature, known and unknown, incurred or suffered by the Wall Art Parties, in connection with (a) your breach of this Agreement, (b ) your use (or misuse) of our Services. We reserve the right to handle our legal defense as we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so that we can execute our strategy.

14. Governing Law

This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation, including non-contractual disputes and claims, are governed by the laws of Mexico City, without regard to its conflict of laws. These laws will apply no matter where in the world you live or are located.

15. Privacy and processing of personal data

Wall Art collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing the personal information of site visitors and users. By accepting this Agreement, you also accept and acknowledge our Privacy Policy.

16.Overall

No agency, partnership, joint venture, employee-employer relationship, franchisor-franchisee, etc. is intended or created by this Agreement.

Art on the Wall shall not be liable to you, nor shall you be deemed to have been in breach of or in breach of this Agreement, for any failure or delay in the performance of Art on the Wall under this Agreement where such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; government action; war, invasion or hostilities; national emergency; burst; terrorist threat or act; riots or other civil disturbances; insurrection; epidemic; lockout, strike or other labor dispute (related or not to our workforce); inability or delay in obtaining supplies; telecommunications breakdown; or power outage.

To ensure complete customer support and higher quality of service, Art on the Wall may log into customer/user accounts as a customer in accordance with the Art on the Wall Privacy Policy.

If any provision of this Agreement is held invalid or unenforceable, that provision will be struck down and the remaining provisions will apply. In our sole discretion, we may assign this Agreement to you upon notice. Headings are for reference purposes only and do not limit the scope or length of that section. Our failure to act with respect to a breach by you or a third party does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.

Wall Art reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

If you have any questions about this Agreement, please email us at contacto@arteenlapared.com

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