Introduction and Acceptance of the Terms and Conditions
“General Terms and Conditions of Sale & Services” detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘d’Art’ (hereafter also referred to as ‘We’ or the ‘d’Art Electronic Platform’ or ‘Website’), belonging to the company [Reflections Multimedia]. Both parties accept these Conditions unreservedly. These “General Terms and Conditions of Sale & Services” are the only conditions that are applicable and replace all other conditions, except in the case of expressed & written prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our “General Terms and Conditions of Sale & Services”. These “General Terms and Conditions of Sale & Services” are important to you and to d’Art as they are used to protect your rights as a valued customer and our rights as a business owner.
Changes to the Terms of Service and the Website
d’Art is a work in progress, and given this fact things may change, be added or be taken away. We reserve the right to update the Website and the “General Terms and Conditions of Sale & Services” from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest “General Terms and Conditions of Sale & Services” by checking back regularly on website Terms & Conditions. Your continued use of the Website following the publishing of updated “General Terms and Conditions of Sale & Services” will be taken and considered as you have read and agree to the changes.
Access to the Website
We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable toward anyone and/or for any compensation, if for any reason, all or any part of, the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with [d’Art] by entering your email and choosing a strong & secure password. We highly recommend that you (1) choose a strong password that is hard for others to guess, (2) log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using d’Art in person. If you think there may have been any breach of security, then it is your responsibility to notify us immediately (via email email@example.com) and if log-in is possible, to change your password.
It is a condition for your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including, if we believe, you have failed to comply with any of the provisions of these “General Terms and Conditions of Sale & Services”.
We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our “General Terms and Conditions of Sale & Services” Policy.
d’Art takes great care when putting product information, descriptions and images on-line but will not be held responsible nor liable (of any kind) for any mistakes, errors, false information or omissions to any data/information given to us by a third party involved in providing the website services. d’Art is just a medium connecting sellers with buyers through enhanced services to ensure best quality, but with no liability on the website of any kind.
The prices indicated on d’Art electronic platform are shown in Kuwaiti Dinner and do not include delivery charges. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any time and will be indicated to you on the order invoice at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the amount of error will be refunded to you, even if it has been initially validated.
We will always endeavor to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the amount you paid for the product within 30 days following the date of payment. If your order includes more than one item and some of the items are temporarily unavailable, we will send you the available items out first and we will follow up on the outstanding items once they are available again.
d’Art currently offers multiple ways to pay for your order, Visa, Master & Knet. These payment options use advanced SSL encryption to keep your transaction information secure and do not cost you anything. d’Art is charging the seller, not the buyer, so you will not pay for payment gateways commissions for your order.
Your order will be delivered to the address you indicated in your profile on the Website once your order is placed.
d’Art will do everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted with us, to make the delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place. Once the investigation is over and the reason is known only the appropriate measure will be taken depending on the findings and if it’s clear to us that you are not responsible for such event, then you either have your package delivered or your payment will be reimbursed; this procedure may take up to 21 days from the day we receive the complaint.
- Customer Choose the painting
- Payment Made successfully
- d’Art inform Artist to send the Original art to the customer through shipment process
- Artist provide shipment details to d’art
- d’Art make this detail available for the customer to track the shipment
- If shipment delay or not reached on time you can call our customer services desk
- d’Art will follow up with artist.
Privacy and protection of personal data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details correctly will result in the cancellation of your order, loss or delay. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present “General Terms and Conditions of Sale & Services”.
You have the permanent right to access and rectify all your profile information that concerns you. Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our website and suggest products that might interest you according to the items that you selected when you previously visited the website. Cookies do not contain/allocate any confidential information about you.
All the content on d’Art website (illustrations, texts, names, brand names, images, videos, etc.) are the property of d’Art. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by d’Art. All information, content and files is protected by International law concerning intellectual ownership and copyright. d’Art cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery & theft, which is severely punished under the Intellectual Property Code.
d’Art will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the website.
Waiver and Severability
Any failure of d’Art to exercise or enforce any right or provision of the “General Terms and Conditions of Sale & Services” shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and d’Art, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these “General Terms and Conditions of Sale & Services” is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the “General Terms and Conditions of Sale & Services” will continue in full force and effect.
Feedback & Comments
Any comments/opinions left on the Website by d’Art customers are screened and moderated by d’Art . If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), d’Art reserves the right to refuse or modify it.
IMPORTANT Website Terms and Conditions
Below are our terms and conditions for your perusal.
We do not have a refund policy and art work once sold cannot be returned to d’Art.
We are creating a community built on trust so please respect other’s rights to publicity and privacy and do not infringe on copyrights, propriety and intellectual rights.
In connection with using or accessing the Services you UNDERTAKE that you will not:
- be under 18 years of age to become a Seller or buyer. By accepting these Terms you represent and warrant that you at least 18 years of age.
- You additionally warrant that all information you provide to d’Art, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.
- distribute viruses or any other technologies that may harm d’Art or the interests or property of other users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;