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Welcome to EvArt
These terms and conditions outline the rules and regulations for the use of EvArt's Webshop Website.
EvArt is located at:
Postboks 190, 9751 Honningsvåg, Norway
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use EvArt's website. If you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Norway. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, EvArt and/or its licensors own the intellectual property rights for all material on EvArt. All intellectual property rights are reserved. You may view and/or print pages from http://evartas.selz.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
-Republish material from http://evartas.selz.com
-Sell, rent or sub-license material from http://evartas.selz.com
-Reproduce, duplicate or copy material from http://evartas.selz.com
-Redistribute content from EvArt (unless content is specifically made for redistribution).
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
-Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests.
No use of EvArt's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
1. INFORMATION ABOUT US
1.1 We operate the website www.evart.no. and the webshop evartas.selz.com. EvArt AS is a company registered in Norway (company no 998 535 549) whose registered office is Risfjordveien 5, 9750 Honningsvåg.
1.2 Contacting us: You can visit us during opening times at both our galleries, in Honningsvåg and in Kamøyvær. You can also e-mail us. If you are emailing us, please include details of your order to help us to identify it. Any issue regarding an order must be submitted in writing by email to [email protected].
Written communication with us can be handled by our team in the following languages: Norwegian, Danish, German, English, Dutch, French and Spanish.
Phone calls and oral agreements made with one of us will not be accepted as a contractual agreement.
2. OUR PRODUCTS 2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 EvArt AS retains the ownership of the images, and no copy in any shape or form of the images purchases shall be allowed.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 4.1 Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. 4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Products have been dispatched (Bestilling fullført). The Contract between us will only be formed when we send you Dispatch Confirmation. 4.3 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error or oversight from our side, we will inform you of this by e-mail as soon as can and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. OUR RIGHT TO VARY THESE TERMS 5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. 5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. 5.3 We may revise these Terms as they apply to an order which you have already made if that is necessary to reflect a change in relevant laws and regulatory requirements. 5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6.1 Orders are prepared by our small team and shipped with the only option available to us, Posten (Norwegian Post). We send our items as letters, not as trackable packages, as it would greatly increase shipping costs.
If you would still like to pay what it takes for your order to be shipped with a tracking code, please contact us directly at [email protected] before you make your purchase.
6.2 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens. 6.3 You own the Products once we have received payment in full, including all applicable delivery charges.
6.4 In the event the packaging is obviously damaged on arrival you should refuse delivery whereupon the product will be returned to us for appraisal.
6.5 Where you take delivery of the package you have 48 hours from the time of delivery to contact us at [email protected] to inform us of any damage subsequently discovered. All packaging must be retained and where possible please include photos of the damage. Our team will contact you with instructions on how the product will be returned. Failure to comply with these terms may affect your right to a refund or replacement.
6.6 We try and dispatch orders within 5-7 working days, subject to availability.
6.7 Dispatch time can vary depending on our stock availability.
6.8 We make every attempt to hold as much stock as possible of the hundreds of prints we offer online, however, due to popular demand, prints can temporarily go out of stock. If we must produce something to complete your order, bear in mind that it involves the print work to meet with the artist to be mounted and signed by her. This work must then be packaged and brought to the post office. While it may take us sometimes less than 24 hours to do this, it may sometimes take much longer in the event of closed roads between Honningsvåg and Kamøyvær, rock slides, hurricanes, sickness, holidays or collective depression. We are where we are and it is what it is.
7. INTERNATIONAL DELIVERY
7.1 If you order Products from our site for delivery outside Norway, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
We have not yet been made aware of specific examples of such laws by our customers which would affect our products.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion (Swedish or otherwise), terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you, and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
8.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
9. CONCLUDING CONDITIONS
9.1 If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties.
9.2 Only the laws of the Kingdom of Norway will apply, to the exclusion of the UN Convention on the Sale of Goods and any envoi to foreign law. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected.
9.3 If you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Norway or in another EFTA member state, Hammerfest will be the place of jurisdiction for any disputes arising from this contract.
9.4 With the exception of shop regulations, no ancillary agreements have been concluded and any such agreements must be made in written form.
We thank you for reading all the way through our terms and conditions.