General Terms and Conditions (GCT)
LEGAL NOTICE
Welcome to the website of MAD AROMA ART and the artist Patrick Samuël (hereafter Mad Aroma/PS). In order for you to get the most out of our services, please take the time to read these general terms of use (hereafter GCT).
The website https://madaroma.art is the property of Mad Aroma Art and Patrick Samuël, CH-8400 Winterthur.
The application is hosted by Hoststar, a Switzerland based hosting company.
For any information relating to the Site and its operation, you can send your request to the following address: contact (at) madaroma.art
1. PURPOSE AND ENFORCEABILITY OF THE GTC
The GTC are intended to define the rules of use of the Site by the User, as well as the obligations of Mad Aroma. The User agrees, each time he/she visits to the Site, to respect the present GTC applicable to all services and the contents available on the Site. As a result, the User accepts, without any reservation, these GTC in their entirety before any use of this Site and its services. The simple use of the Site automatically entails the Seller’s acceptance of the GTC.
The sales made through the Site are contracted directly between the Buyer and the Artist and Seller PATRICK SAMUËL. MAD AROMA ART is not, in any respect, a reseller of the Items proposed by the Sellers through the Site.
MAD AROMA ART acts as a simple middleman in the context of the provision of the Site that allows the Artist and Seller PATRICK SAMUËL and Buyers to connect.
As a result, MAD AROMA ART is not a party to the contract which is concluded only between the Buyer and the Artist and Seller PATRICK SAMUËL, who is the only seller of the Items and therefore the only one bound to obligations arising therefrom.
2. ACCEPTANCE
The unconditional acceptance of the entire general conditions of sale is
mandatory to conclude the sale agreement, by both the Seller and the Buyer. The acceptance is confirmed by a box that needs to be checked on the Item order form.
3. OPPOSABILITY OF THE GTC
Mad Aroma/PS reserves the right to modify, at any time, the GTC in order to factor in any legal, jurisprudential, editorial, functional and/or technical evolution required. The version of the GTC that shall prevail is the one that is accessible and downloadable online via the Site on the day the Site is being used by the User and available at the address https://madaroma.art/*.
Any use of the Site by the User after posting the modified GTC constitutes acceptance of the said GTC by the latter.
4. DESCRIPTION OF SERVICES
The Site offers Users a service allowing them to consult the catalogue of the various artworks offered for sale by the artists registered through the Site, as well as make offers to purchase artworks that are for sale. The sales are made in application of the General Conditions of Sale available at the following address https://madaroma.art/* which the User must refer to before any purchase.
5. ACCESS TO SERVICES
The use of the website and its services implies acceptance of these GTC without creating a User account. The website is accessible free of charge. Any expenses incurred by the User to access the website remain hes/her responsability.
6. INTELLECTUAL PROPERTY
Mad Aroma/PS are the exclusive owner of all intellectual property rights on both the sites development and its content, unless expressly mentioned otherwise. The Site, brands, drawings and models, images, texts, photos, logos, graphic charters, software and applications, search engines, databases, sounds, videos, domain names, design and any other content available on the Site, although this list is not exhaustive, are the exclusive property of Mad Aroma/PS and are protected by the provisions of the copyright law, trademark laws, patent law and any other right of intellectual or industrial property in force.
The User must seek the prior approval of Mad Aroma/PS for any reproduction, publication, copy of the various contents from the Site.
Any full or partial reproduction, by any process whatsoever, of the content of the Site without the prior authorization from Mad Aroma/PS, would constitute an infringement of the Swiss Federal Law 231.1 about copyright and related rights (Copyright Act, URG).
7. DURATION
These GTC enter into force from the time the User accesses the Site and without the need for him to create a user account or to log into the site. They apply as long as the User utilizes the services of Mad Aroma/PS.
8. Liability of MAD AROMA/PS
In its relationship with the User, Mad Aroma/PS shall not be held responsible for the interruption of operation of the site or inability to access it, or adverse conditions of usage of the Site; any loss of data, time, opportunity and/or any other indirect damage related to the use of the Site.
9. ENTIRE CONTRACT
These GTC constitute the entire terms and conditions agreed between Mad Aroma/PS and the User and replace any earlier agreement, written or oral, relating to the purpose of the GTC. All additional terms and conditions or dispute pertaining to the purpose of the GTC and contained in any written or oral communication addressed to Mad Aroma/PS will be void and unenforceable.
10. DIVISIBILITY
If, for any reason and to any extent whatsoever a provision of these terms should be deemed as void or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of these GTC and the relevant stipulation shall be applied to the extent permitted by law.
11. NOTIFICATIONS AND DECLARATIONS
All notifications and declarations to Mad Aroma/PS are made in written form by letter or via e-mail. The e-mail address as well as the postal address of Mad Aroma/PS can be found at the top of these GCT.
12. CHANGES OF THE GENERAL TERMS AND CONDITIONS
Mad Aroma is entitled to change the general terms and conditions at any time. A possible change of the general terms and conditions will be communicated to all registered users by email to the email address noted in the user record. If the new GTC’s are not objected to within 14 days (objection period) after notification or if the member access continues to be used after the expiry of this objection period, they shall be deemed accepted.
All offers and bids already in progress at the time of the entry into force of the new GTCs shall remain unaffected by the amendment – these shall be subject to the GTCs in force at the time of the entry of the offer.
In case of objection against the new GTC’s the legal relationship between the user and Mad Aroma/PS ends immediately after the completion of the still running buying process by the User.
13. SEVERABILITY CLAUSE
If single regulations of these general terms and conditions are completely or partly invalid and/or ineffective, the validity and/or effectiveness of the remaining regulations or parts of such regulations remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come closest to the sense and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provisions.
14. APPLICABLE LAW AND PLACE OF JURISDICTION
All disputes between Mad Aroma/PS and a (current or former) user in connection with these terms and conditions are exclusively subject to Swiss law (excluding the Vienna Sales Convention).
The place of jurisdiction is, subject to other mandatory legal regulations, Winterthur, Switzerland.
Privacy Policy
With the following statement, we comply with our statutory duty to inform about the data storage, the type of data, their purpose and our identity. We also notify the user of the initial registration and the type of data submitted.
Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Federal Government (Data Protection Act, DSG) and in accordance with GDPR, every person is entitled to protection of their privacy and to protection against misuse of their personal data. We comply with these terms. Personal data will be kept strictly confidential and will not be sold or passed on to third parties. The details can be found in the following explanations.
We look forward to your visit to our website and your interest in our offers. For external links to third-party content we accept no liability despite careful content control, since we have not initiated the transmission of this information, have not selected or changed the addressee of the transmitted information and the transmitted information itself.
The protection of your personal data during the collection, processing and use during your visit to our website is very important to us and takes place within the framework of the legal regulations, which you can refer to e.g. under the link listed at the end of this Privacy Policy. The use of our website is usually possible without providing personal data. As far as on our sides personal data (for example name, address or E-Mail address) are raised, this takes place, as far as possible, always on freiwilliger basis. These data will not be disclosed to third parties without your explicit consent. We point out in this context that the transmission of data on the Internet (for example in the case of communication by e-mail) may have security gaps. A complete protection of the data from access by third parties is not possible.
In the following, we will explain what information we collect during your visit to our website and how it is used:
1. COLLECTION AND STORAGE OF PERSONAL DATA AND THE NATURE AND PURPOSE OF THEIR USE
a) When visiting the website:
Every time a customer (or other visitor) accesses our website, the internet browser used on your device (computer, laptop, tablet, smartphone, etc.) automatically sends information to the server of our website , This information is temporarily stored in a so-called logfile (log file) on the server side (web hosting provider).
The following data will be collected without your intervention and stored until automated deletion:
- if necessary IP address of the requesting computer, as well as device ID or individual device identifier and device type,
- name of the retrieved file and amount of data transferred, as well as date and time of retrieval,
- Message about successful call,
- requesting domain (origin of your request, from which you came to our website(s)),
- Description of the type of internet browser used and, if applicable, the operating system of your terminal and the name of your access provider,
- Location information, including location data from your mobile device. Please note that on most mobile devices, you can control or disable the use of location services in the mobile device’s settings menu.
Our legitimate interest in accordance. Art. 6 para. 1 sentence 1 lit. f DSGVO for the collection of data is based on the following purposes: - Ensuring a smooth connection setup and comfortable use of the website,
- Evaluation of system security and stability as well
- for further administrative purposes.
In no case we use the collected data for the purpose of drawing conclusions about you.
b) When concluding a contractual relationship of any kind:
When concluding any contractual relationship of any kind on our website, we ask you for the following personal data:
- Data that personally identifies you, such as your natural name and e-mail address
- other personal data which we are legally obliged or authorized to collect and process and which we need for your authentication, identification or verification of the data we collect.
The mentioned data will be processed to process the contractual relationship. The processing of data is based on Art. 6 para. 1 lit. b DSGVO. The retention period is limited to the purpose of the contract and, if available, statutory and contractual retention requirements.
2. TRANSFER OF PERSONAL DATA
A transfer of your data to third parties for purposes other than those listed below does not take place. We only pass on your data to third parties if:
- You have given your express consent to this (Art. 6 (1) (1) (a) GDPR),
- this is necessary for the settlement of contractual relationships with you (Art. 6 (1) (b) GDPR),
- there is a legal obligation to pass it on (Art. 6 (1) (c) GDPR),
- disclosure is required for asserting, exercising or defending legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data (Article 6 (1) (1) (f) GDPR).
In these cases, however, the amount of data transmitted is limited to the minimum required. Our privacy policy is consistent with applicable data protection laws and the data is processed only in the European Union. A transfer to third countries does not take place and is not intended.
3. AFFECTED RIGHTS
On request, we will be pleased to inform you whether and which clearly personal data about you are stored (Article 15 GDPR), in particular the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed or will , the planned storage period, the right of rectification, deletion, limitation of processing or opposition, the existence of a right of appeal, the origin of their data, if they were not collected from us, as well as the existence of automated decision-making including profiling.
You also have the right to correct any incorrectly collected personal data or to complete incomplete data collected (Art. 16 GDPR). Furthermore, you have the right to demand that we restrict the processing of your data, provided that the legal conditions for doing so are met (Art. 18 GDPR). You have the right to receive the personal data relating to you in a structured, common and machine-readable format or to request the transfer to another person responsible (Art. 20 GDPR). In addition, you are entitled to the so-called “right to be forgotten”.
You can request the deletion of your personal data from us, provided that the legal prerequisites exist (Art. 17 GDPR). Regardless of this, your personal data will be automatically deleted by us if the purpose of the data collection has been omitted or the data processing has been unlawful.
IN ACCORDANCE WITH ART. 7 (3) GDPR, YOU HAVE THE RIGHT TO REVOKE YOUR ONCE GIVEN CONSENT TO US AT ANY TIME. AS A RESULT, WE ARE NO LONGER ALLOWED TO CONTINUE THE DATA PROCESSING BASED ON THIS CONSENT FOR THE FUTURE.
You also have the right to object to the processing of your personal data at any time, provided that a right of objection is provided for by law. In the case of an effective revocation, your personal data will also be automatically deleted by us (Article 21 GDPR). If you would like to exercise your right of revocation or objection, it is sufficient to send an e-mail to the e-mail address listed at the end of this privacy policy. In case of violations of the data protection regulations you have acc. Art. 77 DSGVO the possibility to file a complaint with a supervisory authority.
4. DURATION OF DATA STORAGE
The data collected will be stored by us as long as necessary for the performance of the contracts we have entered into, or you have not exercised your right to cancellation or your right to transfer data to another company.
For example, we use cookies to statistically record and evaluate the use of our website and to optimize our offer for you. These cookies allow us to automatically recognize when you visit our website again that you have already been with us. These cookies are automatically deleted after a defined time. The data processed by cookies are for the purposes mentioned in order to safeguard our legitimate interests as well as third parties according to Art. 6 para. 1 sentence 1 lit. f DSGVO required. Most browsers accept cookies automatically. If you do not want us to recognize information about your computer, please set your Internet browser to delete cookies from your computer hard drive, block all cookies, or warn you before a cookie is stored. You can find out how to delete or block cookies in the Help and Support section of your Internet browser. There you will find instructions for searching the file or directory where cookies are stored. Please note in any case that the complete deactivation of cookies may mean that you can not use all functions of our website.
5. EXTERNAL APPLICATIONS AS INTEGRATION ON OUR WEBSITE
Google Maps
Our website sometimes uses the Google Maps product of Google Inc. By using our website, you consent to the collection, processing and use of the automated data collected by Google Inc, its agents and third parties. You can find the terms of use of Google Maps under “Terms of Use of Google Maps”.
Our website sometimes uses social plugins (“plugins”) from the social network facebook.com operated by Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA (“Facebook”). If you open our website with the plugin, it connects directly to the Facebook servers via your browser. This will transfer to Facebook the information that you have accessed the page. If you are logged in with your Facebook account, by clicking on the plugin, the visit to our website can be assigned directly to your profile. Even if you do not have a profile, it can not be ruled out that your IP address will be saved by Facebook. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your related rights and settings options for the protection of your privacy, please refer to the privacy policy (www.facebook.com/about/privacy) of Facebook. If you are a member of Facebook and do not want Facebook to collect data about you via our online offer and link it to your member data stored on Facebook, you must log out of our website before visiting Facebook and delete corresponding Facebook cookies. It is also possible to block Facebook social plug-ins with add-ons for the browser, for example with the “Facebook Blocker”.
Functions of the Twitter service are sometimes included on our website. These features are provided by Twitter Inc., Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and shared with other users. This data is also transmitted to Twitter. We point out that as a provider of our website we are not aware of the content of the transmitted data and their use by Twitter. For more information, see the Twitter Privacy Policy at www.twitter.com/privacy. You can change your privacy settings on Twitter in the Account Settings at www.twitter.com/account/settings. To prevent Twitter from collecting data when you visit our website, log out before visiting Twitter. In order to prevent Twitter from accessing your personal information via internet pages, you can exclude Twitter social plug-ins with an add-on for your browser (eg “Twitter Blocker”, www.disconnect.me).
Some of our social networking sites Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) are also integrated on our website. The Instagram plugin can be recognized by the “Instagram button” on our website. If you click on the Instagram button while logged in to the Instagram account, you can link the contents of our websites to your Instagram profile. This allows Instagram to associate the visit to our pages with your user account. We point out that as a provider of our website we do not receive any knowledge of the content of the transmitted data and their use by Instagram. For more information on the Instagram privacy policy, please visit www.instagram.com/about/legal/privacy.
Youtube
Our website sometimes uses plugins under / or content from YouTube (belonging to Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA). When you open our website, it connects directly to the servers of YouTube through your browser. This will transmit to YouTube the information that you have accessed our website. If you are logged in to your YouTube account, your visit to our website, as well as all of your interactions with the plugin (eg, clicking the YouTube button), can be associated with your YouTube profile and saved to YouTube – even if you have not YouTube profile, it can not be ruled out that YouTube will save your IP address. Please also note the YouTube privacy policy: www.google.com/intl/en/policies/privacy. To prevent YouTube from collecting the data when you visit our website, log out before visiting YouTube. To prevent YouTube from gaining general access to your information about websites, you can exclude YouTube plug-ins with an add-on for your browser (e.g., www.youtube.com/user/disconnecters).
Social Links & Recommendations
On our website, you may have the option of submitting the respective page to selected social media platforms in order to recommend them within your individual group of friends (“friends”, social graph). After using the respective social icons (click on the Facebook icon, for example), you will be redirected to the respective platform in a new window, which may ask you to log in to your profile first. Thereupon, or during this or even before, only the page contents of the page to be recommended are analyzed exclusively by the platform operator and processed differently depending on the platform (title of the page, picture motif as icon, continuous text). We point out in the context that we have no influence on the data collection of the respective platform, which applies to the registered as well as not registered condition in the respective social media offer. When using the social media recommendations (buttons), you automatically and knowingly agree that the respective social media offers can collect and store data about your person and your usage behavior. We as the provider of the website offered here have no influence on this and therefore we hereby release ourselves from any liability with regard to the data collection and storage of third parties.
Web Statistics Collection (Web Statistics Tool)
Our website use Google Analytics, a service by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 United States. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. You may refuse the use of cookies by selecting the appropriate settings on your browser.
Newsletter
When registering for our possibly offered newsletter: If, according to Art. 6 para. 1 p. 1 lit. a DSGVO have expressly consented, we use your e-mail address to send you, possibly, and indefinitely our newsletter. The de-registration is possible at any time, for example via a link at the end of a newsletter. Alternatively, you can send your unsubscribe request at any time by e-mail (preferably with the subject: “unsubscribe newsletter”).
6. DATA SECURITY
We take all necessary technical and organizational security measures to store your personal data so that it is not accessible to third parties or the public. If you would like to contact us by e-mail, we would like to point out that the confidentiality of the transmitted information can not be completely guaranteed with this communication method. We therefore recommend that you send us confidential information only by telephone or by post. For e-mail communication, we recommend the best possible encryption of your outbox via SSL technology. For more information, please contact your e-mail service provider.
7. UP TO DATE AND AMENDMENTS TO THIS PRIVACY POLICY
This privacy policy is currently valid.
Due to the further development of our website and offers or due to changed legal or regulatory requirements, it may be necessary to change this privacy policy. The current privacy policy can be viewed and printed on our website at any time using the link below.
8. NAME AND CONTACT DETAILS OF THE CONTROLLER
We are pleased to help all concerned in connection with the handling of personal data and exercising their rights. For assistance please contact contact (at) madaroma.art. We are committed to dealing with all questions promptly.
This privacy policy applies to data processing by:
Mad Aroma
CH-8400 Winterthur
contact (at) madaroma.art
Terms of use
These Terms of Use are an integral part of our General Terms and Conditions.
1. PURPOSE AND ENFORCEABILITY OF THE GTC and terms of use
The GTC are intended to define the rules of use of the Site by the User, as well as the obligations of Mad Aroma. The User agrees, each time he/she visits to the Site, to respect the present GTC applicable to all services and the contents available on the Site. As a result, the User accepts, without any reservation, these GTC in their entirety before any use of this Site and its services. The simple use of the Site automatically entails the Seller’s acceptance of the GTC.
The sales made through the Site are contracted directly between the Buyer and the Artist and Seller Patrick Samuël. MAD AROMA ART is not, in any respect, a reseller of the Items proposed by the Sellers through the Site.
MAD AROMA ART acts as a simple middleman in the context of the provision of the Site that allows the Artist and Seller Patrick Samuël and Buyers to connect.
As a result, MAD AROMA ART is not a party to the contract which is concluded only between the Buyer and the Artist and Seller Patrick Samuël, who is the only seller of the Items and therefore the only one bound to obligations arising therefrom.
2. ACCEPTANCE
The unconditional acceptance of the entire general conditions of sale is
mandatory to conclude the sale agreement, by both the Seller and the Buyer. The acceptance is confirmed by a box that needs to be checked on the Item order form.
3. Orders
You, the customer, are responsible for providing all required information when placing an order, including full name, shipping and billing address (no PO Boxes), phone number, valid email address, and valid payment method. No responsibility will be assumed for misdeliveries due to incorrect information provided by the customer. We, the seller madaroma.art, hereafter “Mad Aroma/PS”, reserves the right to refuse or cancel any order at any time, and the customer’s only recourse is a refund of the payment(s) made for such order.
4. Changes of orders
It is not possible to change your order once it has been placed. The only exception is the shipping address, which can be changed if your order has not yet shipped. To change the address for an order that has not yet shipped, please contact the Mad Aroma/PS customer service by emailing contact (at) madaroma.art.
5. Payments
Payment for any order must be made in advance when the order is placed. You may pay for your order by credit card, PayPal, Bank Transfer (only in Swiss Francs – CHF), cash (in CHF, EUR, USD) or any other method we will accept in the future.
In the event of a stop payment, unauthorized charge, or other failure to prepay, Mad Aroma/PS shall have the right to cancel the order or, if already shipped, collect payment and hold the customer responsible for all collection costs, including but not limited to reasonable attorneys’ fees, and charge interest at the rate of 1.5% per month (or the highest rate allowed by law if less than 1.5% per month) until payment is made.
6. Color matching
You, the customer, acknowledge and understand that:
- the colors seen on a computer monitor may not match the colors seen on the Product manufactured by us, and that
- no guarantee is made that any image seen online will necessarily match the colors of the final product exactly.
7. Wooden canvas stretcher frames
Original paintings are mounted on a wooden stretcher frame. Wood is a natural material that “works” with changes in temperature and humidity and can warp accordingly. If this occurs, please contact us at contact (at) madaroma.art. There are simple methods to restore a stretcher frame to its original condition. Mad Aroma/PS does not assume any costs for this work.
8. Personal Data
All information submitted by you in connection with an order is subject to the Privacy Policy and General Terms and Conditions (GTC) of Mad Aroma/PS.
9. Sales Taxes, custom and clearance fees, import duties
You, the customer, are solely responsible for any customs and clearance fees, import duties, state, local or federal sales, use, value added, excise, import or other taxes. If Mad Aroma/PS is required to collect such taxes from Buyers, we will generally include such amounts in the Purchase Order. If, for any reason, such taxes are not included in the purchase order and Mad Aroma/PS is later required to pay them to a taxing authority, Mad Aroma/PS will request an immediate refund from the customer.
Shipping
10. Delivery Time
Delivery time depends on the shipping method you chose when placing your order. Please allow at least 2-3 weeks for purchases of all our art works, including Original Paintings, Limited Editions and Unlimited Editions, plus shipping time based on the shipping destination you selected.
Title and risk of loss for all purchases passes to you upon delivery to our carrier.
11. Shipping Problems/Damage
You, the customer, is obliged, upon reception of the order, to check the condition of the Artwork and to express any reserve in writing and without delay, at the latest within forty-eight (48) hours as from the reception, to contact (at) madaroma.art, along with the shipping receipt and high-resolution photographic proof of the damage, so that we can verify and determine if any damage actually occurred during shipping.
12. Original paintings shipping problems/damage
Original images are sent internationally by insured shipping. If an original painting arrives damaged or destroyed, please contact us immediately, but no later than forty-eight (48) hours after receipt of the shipment, so that we can activate the insurance. Later submitted reports of damage will be rejected by Mad Aroma/PS in any case. Take high-resolution photos of the damage with sufficient illumination from different angles and email the pictures to contact (at) madaroma.art.
MAD AROMA ART shall refuse to replace, repair and refund any damaged or destroyed original art work in any case.
13. Editions shipping problems/damage
If a print, limited edition, photo, Pentalog or poster arrives damaged or broken, contact us immediately. We will gladly replace it.
Therefore, requests must be received immediately or at the latest fortyeight (48) hours of delivery. The request has to include a copy of the shipping receipt and several high-resolution photos from different angles as a proof of the damage. This request has to be done by e-mail to contact (at) madaroma.art.
After this Mad Aroma/PS will verify and decide if the damage actually occurred during shipping. If we approve your request for replacement, we will not charge you for the new edition, but you will be responsible for the cost of returning the damaged print to us and the cost of shipping the new edition to the customer.
Cancellations
14. Cancellation Policy
All works are custom made. Production of purchased works begins immediately after purchase, and shipment is made as soon as possible after production is complete. Therefore, works cannot be cancelled, returned or refunded at any time.
Considering the significant production costs incurred once production has begun, any cancellation of an order or any change to the painting or edition produced (e.g., enlargement or reduction, alteration of the image, etc.) prior to the shippment will be subject to a 50% restocking fee.
Due to our shipping and production schedules, produced and shipped work is non-cancellable, non-exchangeable and non-refundable. Acceptance of voluntarily returned work will be refused in all cases without any exception.
15. No refunds and exchanges
MAD AROMA ART Limited Editions, Open Editions, Pentalogs, photographs and posters are custom made and therefore cannot be returned or exchanged.
Each Mad Aroma/PS Edition is made to order. Therefore, we cannot change your Artwork once the order is placed.
16. Exclusion of returns
If your use of our website or services has been terminated for violation of these Terms of Use and General Terms and Conditions, we may refuse to accept returns.
17. Acceptance of Artwork
Because Artwork can be fragile, you must inspect the Artwork immediately upon receipt. If the Artwork is damaged or otherwise does not match the order, the customer must notify Mad Aroma/PS in writing no later than forty-eight (48) hours from the date of receipt of the Artwork. Otherwise, the Artwork shall be deemed accepted.
Copyright
18. Copyright and reproduction
Mad Aroma/PS expressly reserve all copyright, including but not limited to all reproduction and trade dress rights (collectively, the “Copyright”), in the Artwork. This Agreement does not include any sale or license of the Copyright to Customer. Customer will not reproduce or copy the Artwork without prior written permission. The Artist’s signature and/or copyright notice as it appears on or over the Artwork at the time of sale shall not be removed or obscured. The Artist must maintain authorship of the Artwork at all times.
General
All orders and transactions are subject to Mad Aroma/PS’s General Terms and Conditions, including but not limited to the damage limitations and warranty disclaimers set forth therein.
Mad Aroma/PS’s General Terms and Conditions also contain dispute resolution provisions and other important provisions that you should review. Descriptions, images, references, features, content, specifications, products, prices and availability of products or services are subject to change without notice, and our current prices can be found on our websites and apps.
Descriptions, images, references, features, content, specifications, products, prices and availability of products or services are subject to change without notice, and our current prices can be found on our websites and apps.
Mad Aroma/PS assumes no responsibility for any errors in listed prices or other information, which we reserve the right to correct.
Orders are not final and binding until accepted by Each Mad Aroma/PS.
Mad Aroma/PS reserves the right, with or without notice, to limit the quantity available of or discontinue any product or service; redeem or impose conditions on the redemption of any coupon, voucher code, promotional code or other similar promotion; exclude a user from any or all purchases; and/or refuse to provide a user with any product or service.
Mad Aroma/PS shall not be responsible for any delay or failure in delivery due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, embargo, quarantine, accident, fire, explosion, flood, inclement weather, epidemic, riot, civil commotion, unavailability of labor or transportation, or any other similar or dissimilar cause.
You, the customer are responsible for the proper and safe handling of any prints or other products you order from Mad Aroma/PS.
To the extent permitted by law, MAD AROMA ART liability for any claim relating to a product purchased from us is limited to the amount you paid for the product.
If single regulations of these general terms and conditions are completely or partly invalid and/or ineffective, the validity and/or effectiveness of the remaining regulations or parts of such regulations remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come closest to the sense and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provisions.
All disputes between Mad Aroma/PS and a (current or former) user in connection with these terms and conditions are exclusively subject to Swiss law (excluding the Vienna Sales Convention).
The place of jurisdiction is, subject to other mandatory legal regulations, Winterthur, Switzerland.
Impressum
Mad Aroma Art
8400 Winterthur
Switzerland
E-Mail: contact (at) madaroma.art
