As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.
Overview
This website is owned and operated by Art Refinery Jacek Tomaszewski a company registered in Poland, Tax Identification Number: 9512531780, REGON: 520749570, European Tax Identification Number: PL9512531780, Address: Siennicka 23/70, 04-394, Warsaw, Poland. Throughout the site, the terms “Supplier”, “we”, “us” and “our” refer to Art Refinery. Art Refinery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you (the “Customer” or “you”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1
Online Store Terms
Application
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I have read and accept the terms and conditions’. If you do not click on the button, you will not be able to complete your Order.
You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Website means our website piotrtopolski.com on which the Goods are advertised.
Goods
The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Registration
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms and Conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these Terms and Conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and Security
When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Basis of Sale
The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
All orders are shipped from the European Union.
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
International Delivery
If you place an Order for delivery outside the European Union, you may need to pay import duties or other taxes, as determined by customs in the destination country, 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. You will be responsible for payment of such import duties and taxes. The carrier, in some instances, may act as the customs broker and will require payment before the delivery arrives. If you are unsure of the duties and taxes that may be required, we suggest checking the regulations in your destination country.
Unclaimed Delivery
If your order has not been collected from the delivery point, Art Refinery reserves the right to charge all costs arising in connection with this return to you.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, Returns and Cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised;
- sale items.
Also, the Cancellation Rights for a Contract cease to be available in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
When you inform us of your decision to cancel, we will communicate to you an acknowledgement of receipt a cancellation request in a Durable Medium (eg by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation in the Cancellation Period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, excluding the costs of delivery.
Deduction for Goods Supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of Reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than 7 days after the day we receive back from you any Goods supplied.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 7 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and Our Sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
Section 2
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred over various networks and involve changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, distribute, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions where we reasonably believe your rights will not be affected.
Section 3
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4
Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to alter, modify, suspend or discontinue the Service (or any part or content thereof) without notice at any time. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Custom Orders
Copyright
The artist retains copyright on all the artwork that he produces. Clients who do not wish their commissioned artwork to be shown on the artist’s website must notify us when ordering. The artist will only use images of commissioned artwork for promotional material.
Deposits
Custom artwork commissions will be accepted with a 25% booking fee (non-refundable after 7 days of booking) to secure a slot in the artist’s work diary.
Payment
All custom artwork must be paid in full before the artist commences work on the commissioned piece. Personalised/bespoke/commissioned goods are non-refundable or returnable.
Completion Time
The time it takes to complete a custom artwork depends on the time of year, the length of the artist’s waiting list and the size and type of the artwork. An estimated time of completion will be given when ordering.
Section 6
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Section 8
Third-party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10
Privacy and Personal Information
Your privacy is critical to us. Your submission of personal information through the store is governed by our Privacy Policy. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.
For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can email info@artrefinery.com
Section 11
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12
Intellectual Property and Acceptable Use
All Content included on the Website, unless uploaded by Users or Contributors, is the property of Piotr Topolski, Art Refinery, our affiliates or other relevant third parties. In these Terms and Conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a computer screen.
Section 13
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) make, transmit or store electronic copies of Content protected by copyright without the permission of the owner. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 14
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, accuracy of information, compatibility, durability, title, and non-infringement.
In no case shall Art Refinery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of business, contracts, goodwill or commercial opportunities, loss or corruption of data, database or software, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14
Indemnification
You agree to indemnify, defend and hold harmless Art Refinery and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions together with the Privacy Policy and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.
Section 18
Governing Law, Jurisdiction and Complaints
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
Disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, but if a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Section 19
Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 20
Contact Information
Questions about the Terms and Conditions should be sent to us at info@artrefinery.com.
ART REFINERY Jacek Tomaszewski, Siennicka 23/70, 04-394, Warsaw, Poland operates the Website piotrtopolski.com.
You can contact Art Refinery by email at info@artrefinery.com.