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Sensorium

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Terms of use

1. INTRODUCTION
1.1
Welcome to the SensoriumArte (the “Company”, “we”, “our”) website. Please read the following information carefully before using this Website. These are the terms, covenants, conditions, and provisions (the “The Terms and Conditions”) governing your access to and use of the Company’s Website, inducing the products or services offered or provided through the Website. If you do not accept these Terms and Conditions or you do not meet or comply with the provisions, you may not use the Website. If you choose to continue to use or access this Website, you recognize that the Company has provided valuable consideration by offering this website free of charge, and in exchange for that valuable consideration, you agree to these Terms and Conditions. Note, however, that these Terms and Conditions do not apply to your access or use of any data or information that may be collected by any third parties, including any third-party platform, server hosts, or vendors, so please refer to their respective terms and conditions, privacy policies, terms of use, and data practices for more information.
2. AANVAARDING EN GEDRAG
2.1
By accessing or using the Website, you accept these Terms and Conditions, and any applicable third-party terms and conditions, privacy policies, terms of use, and/or data practices, and agree to be legally bound by them, and all applicable laws, rules, and regulations associated with your access or use of the Website. If you do not agree to be bound by these Terms and Conditions, the Privacy Policy, or any other published policy of the Company, you are not authorized to access or use the Website or place any orders through the Website. We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time. Please check the Terms and Conditions each time you visit the Website for the most current version and information.
2.2
These Terms and Conditions apply to the Website and to all products, services, and content contained herein, whether you access such content directly on this Website, you download such content from this Website, or you use any other service offered by the Company. You are authorized by the company, provided that you are at least 18 years of age, to access and use the information on the Website, solely for personal, non-commercial use. The information, materials, and products displayed on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Website, and any reproduction or circumvention of the navigational structure or presentation of the Website or its content, is strictly prohibited. You agree not to use the Website for any unlawful purpose.
2.3
In order to access certain features of the Website, including the placement of orders through the Website, you may be required to create an account with the Company and provide certain Personal Information (as defined in the Privacy Policy of the Company). You are responsible for maintaining the confidentiality of your username(s) and password(s) and are fully responsible for all activities that occur under such username, password, or user account, including all purchases that occur under your username and/or user account. You agree to immediately notify the Company in writing of any unauthorized use of the password or account or any other breach of security. You must log out from the account at the end of each session. The Company reserves the right to block your account if it suspects that you have violated these Terms and Conditions.
2.4
If you supply a telephone number in connection with the use of the Website, you consent to receive calls or texts at that number, whether manually or automatically dialed or sent, from the Company and/or from participating vendors. If you supply an email address in connection with the use of the Website, you consent to receive electronic communication from the Company, participating vendors or other third-party vendors. You may opt out of these communications by writing to the Company at support@sensoriumarte.com.
2.5
You agree not to modify the Website or use modified versions of the Website (except if modified by the Company) including to obtain unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by the Company for use in accessing the Website.
3. PRIVACY
3.1
Please review the Company’s Privacy Policy, which can be found here, to understand our practices. Information regarding the Company’s processing of Personal Information is outlined in its Privacy Policy and is incorporated into these Terms and Conditions. By using our Website or placing an order with us, you agree that we may use and share your Personal Information, as defined and outlined in the Privacy Policy.
3.2
Specifically, you acknowledge that the Company may collect certain Personal Information, share certain Personal Information with third parties, and may contact you periodically, all following the terms of the Privacy Policy. The Company also reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies, or requests from government entities, even to the extent that such compliance may require disclosure of certain Personal Information.
4. OWNERSHIP OF MATERIALS; INTELLECTUAL PROPERTY RIGHTS
4.1
The Website and the products, services, and content contained herein, including without limitation, Company names, product names, images, graphics, text, articles, software, codes, scripts, blogs, information about Company products or services, photos, sounds, videos, website design, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are the sole property of the Company or its licensors, and are protected by United States and international copyright, trademark and other laws (Content and Marks are collectively referred to as “Company IP”). Except for the limited licenses expressly granted to you in these Terms and Conditions, if any, the Company retains all proprietary rights to the Company IP. Without limiting the foregoing, you may not reproduce, copy, modify, display, sell, or distribute the Company IP, or use it in any other way for public or commercial purpose. This includes any code that the Company creates to generate or display the Content or the pages making up the Website. The use of the Company IP on any other website or in a networked computer environment for any purpose is strictly prohibited.
4.2
You must retain all copyright, trademark, service mark and other proprietary notices contained on the Company IP or other Company materials on any authorized copy you make of the Company IP. All other product and service marks contained on the Website are the trademarks of their respective owners. Company IP on the Website is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Website and the Company IP. You agree to not engage in the use, copying, or distribution of any of the Company IP other than expressly permitted herein. If you download or print a copy of the Company IP for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any of the Company IP or enforce limitations on the use of the Website or the content therein. If you believe any trademarks, service marks, or logos used on the Website to be the property of someone else, please notify the Company in writing at support@sensoriumarte.com.
5. LICENSES
5.1
The Company hereby grants you a limited, terminable, non-assignable, non-exclusive, revocable right to access and use the Company IP as contemplated herein. All such uses are for your personal, non-commercial use only and shall not be used for any commercial purpose, without the Company’s prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. You acknowledge that no Company IP may be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Company’s express prior written consent, which may be withheld or conditioned in Company’s sole and absolute discretion. The Company reserves the right to suspend or terminate your access and use of the Website at any time if the Company, in its sole discretion, determines that you are in breach of these Terms and Conditions.
5.2
Any information, including Personal Information (as defined in the Company’s Privacy Policy) provided to the Company, including through the Website, or to a third-party through the Website, will be collected and used by Company in its sole and absolute discretion to help improve the content and functionality of the Website, to better tailor the Website to your needs, to respond to any inquiry or requests submitted by you, and to suggest products or services that may be relevant to you during your use of the Website. Company may also use such information to customize the Website to provide a better user experience and to enhance or maintain the Website, including any products, services, or content.
5.3
The Website may contain features that allow you and any other user to review products or post comments that are publicly available to other users (“Common Spaces”). Any content that you or any user submits, provides, contributes, posts, uploads, or sends on or through the Common Spaces of the Website (“User Content”) shall be deemed not to be confidential and may be used by Company or any other user in any manner consistent with these Terms and Conditions, including the Privacy Policy. Note that User Content only includes content that is publicly posted by you on the Common Spaces. It does not include any content that is shared with the Company through other means. The Company reserves the right to use any User Content as it deems appropriate including, without limitation, by changing, de-identifying, redacting, modifying, editing, rejecting, or refusing to use, upload, publish, or post it.
5.4
You acknowledge and agree that you are solely responsible for all User Content you make available through the Website. By submitting, providing, contributing, posting, uploading, or sending User Content on or through the Website, you represent and warrant that: (i) the User Content is original to you; (ii) no other party has any rights thereto; (iii) you either own the User Content or have the rights necessary to grant Company and other users rights in the User Content, as provided for below; (iv) the submitting, contributing, providing, posting, uploading, or sending of the User Content through the Website, or Company’s exercise of the rights granted to it in the User Content, will not violate the rights of any third parties (for example, patents, copyrights, trademarks, trade secrets, or other intellectual property rights, or rights of publicity or privacy) or any applicable statutes, laws, rules, regulations, guidelines, or ordinances; and (v) no payments of any kind shall be due to any third party. Company is not responsible for maintaining any User Content that you provide on the Website, and Company may delete or destroy any such User Content at any time and for any reason and without notice to you.
6. THIRD-PARTY MATERIALS
6.1
Through the Website you may come across, access, review, display, use or purchase third-party products, services, resources, Content, software, technology, materials, or information (“Third-Party Materials”). You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and the Company disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials or other users’ User Content. You also acknowledge and agree that Company: (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services, or other users’ User Content; (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your purchase of, access to, use of, or reliance on such Third-Party Materials or other users’ User Content; and (iii) does not make any promises to remove Third-Party Materials or other users’ User Content from the Website or from being accessed through the Website. Nothing in these Terms of Use authorizes you to, and you may not, reproduce, transmit, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials or other users’ User Content except as expressly permitted by the Website, these Terms and Conditions or any other published policy of the Company.
6.2
The company neither endorses nor guarantees in any way the vendors, suppliers, organizations, sponsors, authors, advertisers, partners, data, information, materials, views, recommendations, plans, or products or services offered, published, posted, uploaded, expressed, and/or promoted on the Website. The Website may include hypertext links or links to other websites or webpages, or to information and/or articles created and maintained by other organizations or users/individuals. These links are provided solely for Company users’ information and convenience. When users select a link to an external platform, website or webpage, they are leaving the Company Website and are subject to the privacy and security policies of the owners/sponsors of the external link. The Company is not responsible for any Personal Information provided or collected by third parties on other sites other than this Website.
7. REPRESENTATIONS
You represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website for any purpose in any manner that is prohibited by these Terms and Conditions, the Privacy Policy, any other published policy of the Company, or by applicable law. In addition to all other representations contained herein, you further represent that you own and control the ownership rights to, or you otherwise have the lawful right or permission to use, the content that you provide to the Company or otherwise distribute on or through this Website.
8. TERMS OF SALE
8.1
The Company is committed to assuring your satisfaction. Non-personalized products can be returned within 30 days of purchase. Upon return of (part of) an order, the shipping costs will not be refunded. SensoriumArte is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to the Customer having handled the product to a greeted extent than necessary to determine its function or characteristics.
8.2
We reserve the right to: (i) refuse any order you place with us; (ii) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (iii) change or update information in connection with any products or services offered; and (iv) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
8.3
All prices and products advertised, including the availability of products, are subject to change. Although the Website is composed with care, the information regarding product description or technical specification, pricing, or availability on the Website may contain errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website. If a product is out of stock, we may still be able to accept your order, but will not charge you for the product until it is back in stock and available to ship. If the price is inaccurate, we will inform you of such a pricing discrepancy and await your approval of the amended price before continuing with the order process. The images of the products on our Website are for illustrative purposes only. Such illustrations do not guarantee that the product will have the exact appearance, color, function, or origin as shown in the illustrations. Your product(s) and the packaging of your product(s) may vary from that shown in images on our Website
8.4
Unless otherwise stated, all prices quoted on the Website are total prices that include statutory VAT. Any other Applicable taxes, fees, or charges of any nature, including shipping and handling costs, sales tax, customs, or duty charges, shall be added to the total amount of your purchase and will be displayed prior to checkout. The Company may offer a variety of acceptable payment methods or discounts, which may be changed from time to time at the Company’s sole discretion.
8.5
After placing the order, the Company will confirm the order and send an order confirmation to your email. We encourage you to save the order confirmation for any future contacts with the Company’s customer service regarding the order. You are entitled to cancel your order up until it has been confirmed by the Company. If the order is canceled, the Company will refund any payments you have made with regard to the order.
8.6
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g., in connection with the reservation of products not in stock), delivery will be made no later than 30 working days after the Company has confirmed the order in writing through the order confirmation. If you have not received your order within the delivery time advertised, please contact our customer service no later than 30 business days after the order was placed.
8.7
The expected delivery time is outlined in the order confirmation and on the current product page on the Website. Unless otherwise expressly agreed (e.g., in connection with the reservation of products not in stock), if a delivery is delayed for more than 30 business days and you have not yet received the product, you are entitled to cancel the purchase.
8.8
If any package shall be picked up at a specific delivery point, you shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. You will receive a notification of delivery stating when and where the package shall be picked up or received. The notification may be made by e-mail, ordinary mail, and if you have provided a mobile number, also by phone or SMS. The Company is entitled to charge you a fee of $24.99 USD if the package is not retrieved. In cases of home delivery, there should be a person available to accept the parcel.
8.9
The Company may from time to time provide exclusive offers on the Website which may have more favorable conditions than those outlined in these Terms and Conditions, e.g., with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the exclusive offer and the specific products as expressly set forth by the Company. The Company reserves the right, at any time, to withdraw, change, or modify such exclusive offers. Upon termination or withdrawal of an exclusive offer, these Terms and Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period and until products are sold out.
8.10
Gift certificates sold by the Company are valid for two (2) years from the date of issue and can be redeemed at the Company’s website. After the expiration date, the card cannot be used as a method of payment, cannot be reactivated, and any remaining balance cannot be refunded. Your gift certificate should be kept in a secure place and cannot be redeemed for cash. Lost or stolen certificates will not be replaced.
8.11
The Company is not liable for any delays caused by circumstances beyond the Company’s control, e.g., general labor dispute, inability to obtain materials, supplies or products, supply chain delays, pandemic, epidemic, acts of war, fire, lightning, terrorist attacks, governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, the Company shall inform you accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both you and the Company are entitled to terminate the purchase with immediate effect.
9. RETURN POLICY
9.1
The Company is committed to assuring your satisfaction. Non-personalized products can be returned within 30 days of purchase. Upon return of (part of) an order, the shipping costs will not be refunded. SensoriumArte is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to the Customer having handled the product to a greeted extent than necessary to determine its function or characteristics.

For personalized artwork, SensoriumArte does not accept returns once the production process has started, as personalized art is a custom-made product.

If you are to receive a refund, SensoriumArte will pay back the amount without undue delay, however, no later than within 30 days from the date SensoriumArte received the Customer notification for the return. However, SensoriumArte may delay repayment until SensoriumArte has received the product or the Customer has provided proof that the product has been returned, e.g. by means of a certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection to such a repayment.
10. DISCLAIMER OF WARRANTIES
10.1
The Company, to the fullest extent permitted by law, disclaims all express or implied warranties of any kind with respect to (i) the website, (ii) the information contained herein, and (iii) any products or services offered on the website by the Company or any third party except as expressly set forth herein. such warranties disclaimed by the company include, but are not limited to, the implied warranties of merchantability, title, quality, effectiveness, non-infringement of third parties' rights, and fitness for a particular purpose. additionally, the company disclaims any and all warranties for information, data, data processing services, uptime, uninterrupted access, and any warranties concerning the availability, connectivity, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information. further, the Company does not warrant that your use of the website, including personal information, or other information provided by you, will be secure, uninterrupted, always available, or error-free, or that the website will meet your requirements, or that any defects in the website will be corrected. no products (including third-party products), services, or information, whether oral or written, obtained by you from the company or through the website shall create any warranty. no advice or information, whether oral or written, obtained from the Company or through or linked to or from the website shall create any warranty express or implied.
10.2
Some jurisdictions do not allow the exclusion of certain implied warranties, or the limitation or exclusion of liability for incidental or consequential damages, therefore, in certain circumstances, the limitation of liability and disclaimers may not apply to you.
10.3
The company specifically disclaims all warranties, express or implied with respect to any products or services, including third-party products, that you may purchase or receive. the company does not make any representations or warranties with respect to such products. such products must be used for its intended purposes.
10.4
The company does not warrant that the website will operate error-free or that the website and its servers are free of computer viruses or other harmful mechanisms. if your use of the website results directly or indirectly in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
10.5
The company makes no representations or guarantees regarding the content of the website, including, but not limited to, broken links, inaccuracies, or typographical errors.
11. COPYRIGHT INFRINGEMENT TAKEDOWN POLICY AND INSTRUCTIONS
11.1
The following statement with compliance details has been selected as SensoriumArte’s option for handling copyright or content ownership infringements. This policy statement does not constitute or replace SensoriumArte’s Terms of Use, Privacy Policy, or any other terms referenced or published on this website or others owned by SensoriumArte. Nor does this policy replace the stipulations, conditions, and the site owner's obligations under the copyright laws of the country in which SensoriumArte is registered.
  • SensoriumArte follows the process prescribed below to remove claimed content copyright infringement. Upon receipt of the notice as prescribed below, SensoriumArte will remove or request that a third party remove Content from the SensoriumArte website that infringes the copyright of others, and to the extent we can do so we will disable access to our Service by anyone who repeatedly infringes the intellectual property rights of others.
SensoriumArte processes claims of copyright infringement in accordance with the laws of the jurisdiction of the corporation related to SensoriumArte. SensoriumArte will also process claims of copyright infringement upon receipt of written notification provided in the manner prescribed below or through the approved online application below. SensoriumArte will:
  • Act expeditiously to remove, or disable access to, the Content that is claimed to be infringing or to be the subject of infringing activity; Forward the written notification to the alleged infringing party (defendant); and
  • Take reasonable steps to promptly notify the Content provider that SensoriumArte has removed or disabled access to the allegedly infringing Content.
If you believe that your work has been copied, adapted, reproduced, or exhibited on this website in a way that constitutes copyright infringement, or if you believe that your work has been rebroadcast, redistributed, re-streamed, encoded, or transcoded, or otherwise reproduced in a way that violates your intellectual property rights, and you would like SensoriumArte to remove the allegedly infringing Content from the SensoriumArte website you must provide written notice of the claimed infringing activity or complete the approved online application below. Your notice must include substantially the following information:
  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work (or works) that you claim has been infringed;
  • A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition, and pages of a book from which an excerpt was copied, etc.);
  • A clear description of where the infringing material is located on the website and/or SensoriumArte network, including as applicable its URL, so that SensoriumArte can locate the material;
  • Your name
  • Your address
  • Your telephone number
  • Your e-mail address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.