Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful
experience, but as with anything concerning any kind of transactions
there are risks involved and we strongly advise you to understand all of
these terms before joining. If you spot a listing that you feel is
violating the general terms and conditions of this web-site as stated
below please let us know by contacting us.
Rights To Suspend or Terminate.
You agree that this web-site, in
its own discretion, may terminate any auction or use of the service
immediately and without notice if (a) We believe that you are not
abiding by the general rules of this web-site (b) You have repeatedly
broken a certain term (c) You have listed a suspicious item (d) We
believe you to be a non paying bidder. In most cases when we suspect
foul play we will suspend your account/listing whilst we investigate
further. If our investigation is conclusive then your account with us
will be terminated.
Your Conduct.
You are solely responsible for the contents of your
actions through this web-site. You must ensure that your participation
in the selling or buying of items does not violate any applicable laws
or regulations. By this we mean that you must check that you entitled to
sell or buy the relevant item and that you are not prohibited from
doing so by any law or regulation.
You must not transmit through the
service any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material. You must
also not transmit any material that encourages conduct that could
constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law or regulation.
Membership.
Membership to this web-site is only available to those
you can form a legally binding contract. This web-site does not permit
minors (under 16) to register. If any member fails to signup with
their correct age the account will be terminated immediately.
General Terms.
This site acts as the window for sellers to conduct
auctions and for bidders to bid on sellers' auctions. We are not
involved in the actual transaction between buyers and sellers. As a
result, we have no control over the quality, safety or legality of the
items listed the truth or accuracy of the listings, the ability of
sellers to sell items or the ability of buyers to buy items. We cannot
and do not control whether or not sellers will complete the sale of
items they offer or buyers will complete the purchases of items they
have bid on. In addition, note that there are risks of dealing with
foreign nationals, underage persons or people acting under false
pretence.
This Web-site shall not be responsible for any items sold
by Auction, for any damage to items during transit or during the
inspection period, nor for misrepresentations and/or breaches of
contract by either buyer and/or seller. This web-site shall not be
responsible for the cost of procurement of substitute goods or any
losses resulting form any goods purchased or obtained.
This web-site
assumes no liability for the content of the listings. However if you
fall victim of a fraudulent transaction we will assist you as much as we
can.
Laws.
These Terms of Service shall be governed by and constructed
in accordance with the laws of England and Wales and any disputes will
be decided only by the Courts of England and Wales.
General terms of use of afremovart.com
Ordering
terms
When you order on afremovart.com, you enter into a purchase
agreement between with the company LA Marketing OU with registered address
Harju maakond, Kesklinna linnaosa, Tornimae 7- 132 , Tallinn , Estonia
operating under the laws of Estonia and Mexico.
the shipping and logistics are operated by Leonid Afremov S de
RL de CV with registered address Avenida 135 Sur, Esquina calle 21, Lote
008, Mz 463,Colonia Bellavista, Playa Del Carmen QR 77712 Mexico . Most
shipments are done from this location
The customer is obligated to submit a proper payment with the
acceptable payment methods as well as respect all the policies related to
customer conduct.
The vendor afremovart.com is obligated to complete the order
processing and shipping according to their policies and the descriptions of the online publication of the
purchased product/s.
Purchase
Agreement and Payments
All
prices on afremovart.com are in USD, The payment system will convert it on your
courency rate based on your bank corrent exchnage rate
All Credit Card transactions will be processed on the same date
of the order. By accepting delivery of any product sold from afremovart.com
you ("Customer") agree to be bound by the terms and conditions
listed. You and afremovart.com agree that the following terms
and conditions are the exclusive terms governing the sales transaction between
Customer and afremovart.com .
Any attempt to alter, supplement, modify or amend these terms
and conditions by the Customer will be considered a material alteration of this
agreement and, therefore, are null and void. In addition, these terms and
conditions are subject to change at any time, without prior written notice.
Therefore, please check these terms and conditions carefully each time you
place an order with or accept delivery of any goods from afremovart.com.
Contract
Agreement
These terms and conditions, together with an afremovart.com
invoice regarding the products ordered by the Customer, are the complete and
exclusive agreement between afremovart.com and Customer, and they supersede all
prior or contemporaneous proposals, oral or written, understandings,
representations, conditions, warranties, and all other communications between afremovart.com
and Customer relating to the subject products. This agreement may not be
explained or supplemented by any prior course of dealings or trade by custom or
usage.
Use
of site afremovart.com and customer and
staff conduct
Harassment in any manner or form on the site, including via
e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a afremovart.com or other licensed employee,
host, or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
person . You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online service
or other organization.
Customers have to communicate with our staff in respectful
manner without the use of profanities , insults and intimidation . We reserve
the right to refuse orders or cancel the order of any customer that violates
these guidelines
afremovart.com staff is not allowed to use profanities , insults
and intimidation. They must always conduct themselves in a very respectful and
calm manner . In case that you feel mistreated by afremovart.com staff , please
contact the management by
email or phone inessa.afremova@gmail.com +52-984-166-0292 David ,
+52-984-119-5074 Boris . We take customer relations very seriously .
Indemnification
You agree to indemnify, defend, and hold harmless afremovart.com,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Typographical
Errors
In the event that a afremovart.com product is mistakenly listed
at an incorrect price, afremovart.com reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. afremovart.com
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, afremovart.com
will issue a full credit back to your credit card account in the amount of the incorrect
price. afremovart.com is not responsible for typographical or photographical
errors. Prices and specifications are subject to change without notice.
Term;
Termination
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated by afremovart.com
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notices
and Notifications
afremovart.com may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to afremovart.com. The regular notices are order confirmations,
shipping notifications , address inquiries or general questions about the
order. Your contact information will be entered in the shipping label so the
shipping company can get in touch without in case its necessary for
arrangements of the delivery.
Miscellaneous
Your use of this site shall be governed in all respects by the
laws of Mexico and Estonia., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of afremovart.com products) shall be in the courts
located in Mexico and/or Estonia. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of afremovart.com
products) must be commenced within one (1) year after the claim or cause of
action arises. afremovart.com failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. afremovart.com may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Participation
disclaimer
afremovart.com does not and cannot review all communications and
materials posted to or created by users accessing the site, and are not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, afremovart.com is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, afremovart.com
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to afremovart.com in its sole discretion.
Limitation
of Liability
afremovart.com shall not be liable for any special or
consequential damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if afremovart.com
has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Cancelation
Policy
Orders must be cancelled via email only and with a confirmation by one of afremovart.com
representatives . You can submit a cancelation request by email and follow up
with a phone call. Refused shipments may be subject to a reduction of shipping
and return fee.
Orders
by Phone
By placing an order over the phone you ("Customer")
automatically agree to accept afremovart.com Terms and Conditions.
Sales
Tax/ VAT / GST/ IVA
Sales tax is required only for orders from Mexico. Afremovart.com
absorbs the sales tax of Mexican customers and transfers 16% from the payment
to the Mexican Secretary of Tax Administration (SAT). Customers from international
destinations except the USA may be charged the corresponding sales tax upon
delivery. Afremovart.com does not charge sales tax .in many countries the
customs do not charge import duties but they do ask for the sales tax.
Shipping
afremovart.com guarantees
delivery within 30 natural days for most orders on the site. Some items are
available for fast shipping, some items are made on demand. The turn around time from order to delivery of items
made on demand is maximum 30 days . Sometimes extra drying time is required. afremovart.com will
notify you of such possible delay.
You will get an order notification email the next business day
after the order which will explain the estimated shipping and processing times
of your specific order depending on the ordered items. This email is sent from orders@afremovart.com ,
if you do not get it, please check your spam folder or contact us.
afremovart.com provides
free shipping/transport (customs tax not included) for all paintings or prints
sent rolled up inside a tube. Please refer to this page for shipping costs of
framed or stretched paintings https://afremovart.com/gallery-wrapped-stretched-vs-unframed-rolled-.html
Shipping of all printed items like t-shirts, bags, facemark,
phone case and etc is done directly by the manufacturar contacted by afremovart.com.
They have shipping centers in Mexico, USA and Lithuania .
Please view here the complete shipping policy https://afremovart.com/Shipping-Policy.html
Returns
afremovart.com has the right to reject damaged goods and decline
any return that does not qualify within out policies. Refunds, exchanges and
store credits are processed only after the delivery of the merchandise to us.
All returns for credit , exchange or refund must be in original condition. 30
Day Money Back Guarantee starts on the date of the delivery and is valid for 30
Calendar Days, which include: weekends and holidays. If the merchandise is
returned after the 30 Day Money Back Guarantee then a Store Credit is issued.
Store Credit will be issued for the payment value. afremovart.com will send,
via email, a free return UPS return
label upon customer return request. Free Return Shipping is not available when
the customer contacts us After 30 days of delivery. Return cost will only be
refunded via return label, financial refund for return shipping will not be
issued.(initial shipping charges are not refundable). All expenses incurred by
the customer for shipping the item without the agreement from afremovart.com will
not be reimbursed. (We provide return label for any international destination.
We have special international UPS, Fedex and DHL accounts . Expedited
replacement is available. Original Shipping and Handling is non-refundable.
Here is the link to the full return and exchnage policy https://afremovart.com/Return-and-Exchange-Policy.html
Import
Duties
All duties and taxes for orders outside of United States and
Mexico are to be paid by the reciever. afremovart.com is not responsible for
any billing imposed by any state outside of United States and Mexico. If
products are being shipped outside of United States and Mexico, the recipient
of the product is fully responsible for all the applicable duties and taxes. If
merchandise is refused at the time of delivery, it will be returned to afremovart.com.
in this case all the shipping and return fees will be deducted for the
refund.or aditional shipping fees will be charged in case of repeat shipment.
Import
duties compensation
We do not cover import duties and taxes related to the import of
the painting. Such taxes are the responsibility of the customer. However we do
compensate you in a form of store credit for future orders. For Example, if you pay $30 import tax when
you get the package, then next time you order from us you get $30 discount. to
get the discount code , please email to shipping@afremovart.com with a copy of
tax payment receipt attached.
Copyrights
The entire content included in this site, including but not
limited to text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of afremovart.com.
You may display and, subject to any expressly stated restrictions or
limitations relating to specific materials, download or print portions of the
materials from the different areas of the site solely for your own
non-commercial use, or to place an order with afremovart.com. Any other use,
including but not limited to the copy/pasting, reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by afremovart.com. You further agree not to change or delete
any proprietary notices from materials downloaded from the afremovart.com.
Art
Copyright
In Purchasing any images on this website, you obtain no
copyright rights or other intellectual property rights of any form in the
content and may not duplicate or republish the art or photography for any reason,
including, but not limited to, commercial purposes. You further understand and
agree that in selecting any content and in adding text or other alterations to
such content, you in no way obtain copyright rights or other intellectual
property rights in the content as joint copyright owner or otherwise.
Trademark
Afremovart.com ,
Leonid Afremov ® © TM, R
All Rights Reserved ® © TM R
No part of this website or any of its contents may be
reproduced, copied, modified or adapted, without the prior written consent of
the author, unless otherwise indicated for stand-alone materials.
All works of art within this web site are protected under U.S. trademark
laws and international conventions. No portion of the artists works or
statements may be used, downloaded, reproduced using any means, copied, linked
to, or transferred electronically, without prior written permission from the
artist.
Trademark information
serial number 86443177 registration
number 4844181
serial number 86443161 registration number
4844180
serial number 86443144 registration
number 4849413
Links to see oficial trademark regestrations
https://trademarks.justia.com/864/43/afremov-86443144.html
https://trademarks.justia.com/864/43/leonid-86443177.html
https://trademarks.justia.com/864/43/leonid-86443161.html
Privacy
afremovart.com respects and values your privacy. We will not
under any circumstances sell or release your information to anyone except of shipping companies for
propose of delivery outlined in our privacy policy. All of the information
obtained from our website will be used for processing purposes only. The only
e-mails you will receive from afremovart.com are:
·
Transactional: order confirmations, updates to status of orders
and returns
·
Promotional: updates about discounts, new products and etc
·
Informational: updates about afremovart.com and
its operations
Here is the link to the full privacy policy https://afremovart.com/privacy-statement.html
Legal
In case if you have to submit legal information or a legal case
related to the quality of the delivered products or customer service, please use this email and physical
address
legal@afremovart.com
Avenida 135 Sur, Esquina calle 21, Lote
008, Mz 463 Colonia Bellavista, Playa Del Carmen QR 77710 ,Mexico
In case if you need to submit legal information or a legal case
related to credit card charges, marketing , descriptions or site content please use this
email and physical address
legal2@afremovart.com
LA Marketing OU, Harju maakond
Kesklinna linnaosa
Tornimae 7- 132 ,
Tallinn, Estonia