TERMS AND CONDITIONS
1. General Provisions
In these General Terms and Conditions (hereinafter referred to as T&Cs), “we”, “us” or “our” refers to Cbartsy.com, Cam Bornet and any artist or supplier of artwork or product listed on the website. The T&Cs apply to all legal transactions that are placed on the online shop www.cbartsy.com as well as to all future customer transactions as far as these legal transactions are of related nature.
We reserve the right to amend these T&Cs at any time. Changes are communicated in a suitable manner in particular through corresponding publications made available on the online shop.
2. Offer and Contractual Agreement
T&Cs are considered legally accepted after the online order has been completed by the customer while the online order for Cbartsy.com becomes legally binding at the time of reception (electronic receipt).
3. Copyright
Copyright © Cam Bornet, www.cbartsy.com. All rights reserved. All content, including but not limited to: images, text, data, software, documentation, electronic text and image files, audio and video files and clips, design and other materials on cbartsy.com, is protected by Swiss and international copyright laws. Images may not be reproduced, redistributed, copied or imitated without written consent of the respective copyright holder.
The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. The respective copyright holder of each artwork retains all rights, including copyright, in the content. Unauthorized duplication or transfer of individual content or complete websites is not permitted and will be prosecuted. Only production of copies and downloads for personal, private and non-commercial use is allowed.
Anyone wishing to use any content for commercial use, publication, like to create derivative work for any commercial use or for sale, including but not limited to: prints, greeting cards, 3D models, bags, cases, clothes, posters, websites, merchandise, etc., or any purpose other than fair use as defined by law, must request and receive prior written permission of cbartsy.com or of the respective copyright holder.
4. Trademarks
Certain names, titles, trademarks, service marks, logos, graphics, page headers, designs, etc. that appear on the Cbartsy.com website are registered and unregistered trademarks, service marks including but not limited to “Cam”, “Cam Bornet”, and the Cam Bornet signature. The trademarks of third parties may also appear on the Cbartsy.com website from time to time; you may not use any of these trademarks without prior written permission of their respective owners.
5. Framing
Contact details and website content shown on the Cbartsy.com online shop must neither be used for any commercial purposes nor be used for any external frames unless Cbartsy.com gives its prior written consent.
6. PDF Catalogs and Press releases
No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording. Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except:
(a) as expressly permitted by these terms and conditions; or
(b) with the prior written permission of cbartsy.com or the respective copyright owner.
Cbartsy.com authorizes you to view, copy, download, and print documents such as catalogs, press releases and data sheets that are available on this web site, subject to the following conditions:
(a) the documents may be used solely for noncommercial, informational purposes;
(b) the documents may not be modified;
(c) copyright, trademark, and other proprietary notices may not be removed.
7. Artworks
The images of the artworks shown on the site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the artwork. Your artwork may vary slightly from those images.
Illustrations, dimensions, weights, sizes, technical data and techniques, as stated in the catalogue and on the online store are for informational purposes only. The information on cbartsy.com is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. We reserve the right to make changes to document names and content, product specifications, or other information without obligation to notify anyone of such changes.
8. Prices
All offers are valid as long as they can be found through the internal online shop search engine. Offers made available through other media channels, notably through search engines (i.e. Google) will not be accepted.
Quoted prices are final in their respective currency at the time of the order confirmation. All reasonable care is taken to ensure that the prices of artworks are correct at the time relevant information is entered onto the system, however it is always possible that some products on the online shop may be incorrectly priced.
Prices are normally checked as part of our dispatch procedures so that:
(a) where the artwork’s correct price is less than the price stated on the site, we will inform you accordingly and charge the lower amount when dispatching the artwork to you;
(b) where the artwork’s correct price is higher than the price stated on the site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the artwork at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.
9. Duty, Taxes & Fees
Quoted prices already include Value Added Tax (hereinafter referred to as VAT) where applicable as well as any other applicable sales taxes.
Artworks are not subject to VAT in Switzerland (Art. 26 Abs. 2 Ziff. 16 MSWTG).
The sale price does not include import duties or taxes that may be applied when the delivery reaches its destination. Depending on the country, local sales taxes and/or customs fees may apply. Cbartsy.com cannot be held responsible for any foreign sales taxes and/or customs duties that are levied by the local authority. You are responsible for these charges which are to be paid directly to Customs authorities.
10. Shipping
Shipping takes place worldwide as long as local legal regulations permit it.
Cbartsy.com puts in a lot of efforts to ensure product availability and to follow delivery times as closely as possible. Specific delivery times and delivery dates provided by Cbartsy.com are in turn dependent on the correct and timely delivery of Cbartsy.com by its manufacturers and suppliers. All information made available regarding delivery time are therefore without any guarantee and can change at any time. In general, shipping takes place to the delivery address specified by the customer at the time of ordering.
11. International Delivery
If your shipping address is outside Switzerland, 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. 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.
You must comply with all applicable laws and regulations of the country for which the artworks are destined. Without prejudice to the generality of the foregoing, it is your responsibility to satisfy yourself that the artwork can lawfully be imported (for example, the laws of some countries may restrict what types of artwork can be lawfully imported). We will not be liable or responsible if you break any laws or regulations.
12. Delay of Acceptance
If the customer refuses to accept the delivery after the expiration of a set grace period or if the customer declares that he/she does not want to accept the delivery Cbartsy.com may withdraw from the contract and demand compensation for non-fulfilment. Cbartsy.com is entitled to demand an indemnity either in the amount of 30% of the agreed purchase price or an indemnity in the amount corresponding to coverable losses caused by the customer.
13. Delivery and Verification
We strongly encourage you to check that the packaging of the artwork is in good condition before approving a delivery. Any differences in quantity and any complaints regarding damage, delay, loss or inadequate packaging must be documented with pictures and reported in writing immediately after receipt to Cbartsy.com.
Please follow the following steps:
(a) take a picture of the artwork;
(b) take a picture of the shipping container the artwork arrived in;
(c) contact us immediately, quoting your order number and state whether you would like a replacement or a refund. We will be quickly in touch and will choose whether to provide a replacement that is identical, or of similar value, repair the product within a reasonable time or give a refund or a compensation for the default.
Product replacements do not give rise to any new warranty. Warranty is strictly limited to the replacement of damaged products.
14. Returns
We want you to be fully happy with your new artwork so we offer a return policy. If for any reason you are not happy with your purchase, you may return it within a 10-day (ten calendar days) period after receipt of your product to receive a full refund of the purchase price.
To return an artwork, please follow the following guidelines:
(a) contact us directly to request a refund;
(b) pack the artwork in its original condition using the original packaging materials. If you have already disposed of the original packaging, you will be responsible for purchasing packaging materials and sending the artwork back safely;
(c) arrange to send the artwork directly back using a traceable shipping method;
(d) email us all shipping details including tracking number. Please note that we are not responsible for undelivered returns. Therefore, we strongly recommend you to insure the package when returning an artwork.
Upon return, your item will be inspected and exchanges, credits or refunds will be issued for the purchase price. We reserve the right to refuse returns or exchanges of items that are not in as-new condition due to damage or misuse by the client.
Products that have been procured based on a special customer request (i.e. commissioned artworks) are excluded from returns.
15. Environment & Safety Information
Sculpey® and Sculpey III® glow-in-the-dark polymer clay is considered to be a non-hazardous substance under the United States Federal Occupational Safety and Health Administration Hazard Communication Standard 29 CFR 1910.1200.
Sculpey Safety Data Sheet
The photoluminescent pigments used in the artworks are safe and environment friendly and contain no radioactive elements. They are chemically and biologically inert, contain no phosphorus, no heavy metals (so no lead) and so they do not cause ecological or toxicological problems.
They are not food safe. They are considered to be a non-hazardous substance under the United States Federal Occupational Safety and Health Administration Hazard Communication Standard 29 CFR 1910.1200.
Pigment Safety Data Sheet
16. Warranty
We are not to be held responsible for damages caused by improper or other than the intended use. Artworks are no toys; therefore it is necessary to keep them out of reach of children.
Insignificant deviations from warranted characteristics of goods do not entitle the customer to any warranty rights. Normal wear and tear is expressly excluded from any liability. Warranty claims against cbartsy.com can only be made by the direct purchaser and are not transferable.
17. Liability and Disclaimer
We take all necessary precautions to make our artworks safe for their intended use. We will not be held responsible for injury, death, damage, loss, cost, expense, or inconvenience arising from our artworks or the use of them beyond our control. No liability or responsibility is accepted by us for any injury, illness, death, damage, loss, accident, theft of property, expense, cost, inconvenience or any other claim arising from involvement with any artwork.
Furthermore, cbartsy.com cannot be held liable for any damage caused by one of the following:
(a) natural wear;
(b) improper, unlawful or illegal storage, discontinuation or use of products;
(c) Acts of God, especially elementary damages due to moisture, fall, impact and consequential damages, etc., which is unreasonable for Cbartsy.com to be held liable for, as well as official orders.
18. External Links
You acknowledge that some of the information published on cbartsy.com is submitted by users, and that we do not usually review, approve or edit such information.
Where this site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on this site is accurate, complete or up-to-date. By using cbartsy.com in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold cbartsy.com, its affiliates, trustees, directors, employees or agents harmless from all claims, causes, costs, expenses, fees, judgments, liabilities, losses, and damages arising from or relating to your use of cbartsy.com.
19. Customer Reviews
By submitting reviews and contributions on our website, you are granting Cbartsy.com a nonexclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world via any media.
By submitting your review you represent and warrant that:
(a) you own or control the content of your review and it is your own original work;
(b) the content is not defamatory and does not infringe any applicable laws;
(c) the content is accurate, truthful and your own genuine opinion;
(d) you will indemnify and hold us harmless for all damages, costs and expenses incurred for breach of these warranties.
We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from this website without notice after publication at our sole discretion.
Publication of reviews and content on the website does not signify that cbartsy.com agrees or affirms with the views and content given.
20. Payment
Payments are made in full by credit card (VISA, MasterCard, AMEX, Diners Club, JCB) or with PayPal in its respective currency at the time of ordering. Other payment options are not available. A payment is considered to be completed once Cbartsy.com has received the full amount.
21. Retention of Title
Delivered products remain the property of Cbartsy.com until full payment is completed.
22. Privacy Policy
The Privacy Policy (see Privacy Policy) is an integral part of the T&Cs. By accepting these T&Cs the customer agrees to the Privacy Policy.
23. Special Conditions of Use
Special provisions applied to the individual use of the Cbartsy.com online shop will be stated at appropriate sections accordingly. Under these circumstances Special Conditions of Use apply.
24. Partial Validity
Should one or more provisions of the T&Cs become ineffective only the ineffective provision will be void while the legal validity of the remaining T&Cs persists. The ineffective provision will be replaced by the relevant statutory provision.
25. Jurisdiction and Applicable Law
These Terms and Conditions are governed by the laws of Switzerland and will be interpreted in accordance with the Swiss courts.
Thank you again for using cbartsy.com. We look forward to making your walls and your home happier!
January 2019
PRIVACY POLICY
1. General Provisions
Cam Bornet is the operator of the online shop www.cbartsy.com with P.O. Box 672, 3000 Bern 8, Switzerland and responsible for the collection, processing and use of personal and non-personal data as far as it is applicable to the EU data protection law (EU-DSGVO).
Security and confidentiality of customer data for the sake of privacy are of primary concerns and are taken very seriously. Your Personal data is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
The transmission of your data is only carried out on the basis of the applicable data protection rules, in particular in the course of business or on the basis of your prior consent.
2. Online Shop Visit
The following non-personal data are stored by visiting the online shop:
- IP address of the computer
- IP address range of the internet provider
- Date and time of the query
- Name and URL of the called file
- Operating system of the computer
- Browser type, version and language
- Used transmission protocol (e.g. HTTP/1.1)
- Navigation path of the visitor
- Length of stay on web pages
- Country, region or city from where access is made
- Returning or new visitor
Above information serves for the purpose of permanently optimizing the online shop regarding user experience, stability, security and offer (in accordance with Par. 6 Sec. 1 lit. f EU-DSGVO).
3. Customer Account
The following personal data are necessary to submit online shop orders be it as a guest or as a registered customer. As a registered customer the following personal data are stored:
- First name
- Last name
- Billing address
- Delivery address (if different from Billing address)
- Email address
- Phone (optional)
- Username
- Password
Above data automatically generate a password protected customer account for registered customers where they can see their open and completed orders. Moreover, customers are able to manage/change their personal data independently at any time (in accordance with Par. 6 Sec. 1 lit. a EU-DSGVO).
4. Online Orders
For online orders, the following data are required for order processing:
- First name
- Last name
- Billing address
- Delivery address (if different from Billing address)
- Payment method
- Email address
- Password (for registered customers only)
Unless defined otherwise in this Privacy Policy, or if the customer has not explicitly given his/her consent above data are used only for order processing and payment (in accordance with Par. 6 Sec. 1 lit. b EU-DSGVO).
5. Data Transfer to Third Parties
Customer data are used exclusively for online order processing and are, except for the transport company, neither exposed or sold to third parties for commercial nor for non-commercial purposes. Personal data will only be passed on if the customer has expressly given his/her consent, if there is a legal obligation or if cbartsy.com is required to make use of its legal rights in particular to enforce claims arising from the contractual relationship.
The online shop is based on state-of-the-art server cloud technology (CDN Network) which is constantly evolving in the USA, Europe and Asia. Above mentioned factors are subject to European data protection provisions insofar as they are applicable to legal provisions of each respective country. Any data transfer made is solely for the purpose of ensuring proper online shop operations (in accordance with Par. 6 Sec. 1 lit. f EU-DSGVO).
Upon completion of all necessary payment entries credit card data will be forwarded securely to either Stripe or PayPal in order for online orders to be completed successfully (in accordance with Par. 6 Sec. 1 lit. b EU-DSGVO). To learn more about how credit card data is further processed please refer to the T&Cs as well as to the Privacy Policy of the respective credit card issuer.
6. Cookies
Cookies are small text files with information that are exchanged between computer applications to improve the customer experience in a more meaningful and efficient way while visiting the online shop.
Online shop registration, the completion of an online form as well as the shopping cart are subject to cookies so that the online shop operates correctly in respect to temporary input and storage functions. Modern internet browsers accept cookies automatically. Each internet browser can be configured so that cookies will either not be saved or that there will be displayed a notice each time a new cookie is received.
Information about cookie deactivation may be obtained on the internet from the appropriate internet browser provider.
Deactivation of Cookies may cause the online shop to malfunction.
7. Tracking
The online shop makes use of Google Analytics. Besides using Google Analytics for statistical purposes it is used primarily to continuously improve the handling and navigation of the online shop and for users to get the best browsing experience possible. For this purpose, pseudo anonymized user profiles and small text files (cookies) are created temporarily, which in turn are stored on the computer. The information generated by cookies is transmitted to Google Analytics in order to become available to the online shop after further processing.
Collected Google Analytics data are not passed on to third parties unless it is explicitly required by law.
Google Analytics is a service provider of Google Inc. based in the United States and is therefore governed by the laws of the United States. Before any data is transmitted to the provider the IP address on the browser is shortened on the online shop through activation of an IP anonymization (anonymizeIP). This process takes place within the member states of the European Union or in other contracting states of the agreement on the European Economic Area.
Anonymized IP addresses provided by the browser and transmitted to Google Analytics will not be merged with any other data provided by Google. The full IP address will be sent to and shortened on a Google server based in the USA only in exceptional cases. According to Google Inc. IP addresses are never associated with any other data related to users.
More information about Google Analytics can be found on the official website of Google Analytics. Instructions on how to reduce and/or prevent the collection and processing of data by Google Analytics can be found at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
8. Data Transfers to the USA
It is hereby explicitly declared that the U.S. authority applies monitoring tools to enable them to store all personal data of all users whose data has been transmitted from Switzerland or from any other country to the USA.
Furthermore, there are no legal options available for affected users from neither Switzerland nor from any other country which would allow them to either have access to, correct or delete their collected data in the USA. Likewise, there is no effective and legal protection available against the general access carried out by U.S. authorities.
Above information merely serves as a helping tool to provide the user with a pre-informed decision regarding the consent and use of its own data as the online shop privacy in connection with Google Analytics can not be fully guaranteed due to the aforementioned factors.
9. Right to Information, Adjustment and Deletion of Personal Data
Stored personal online shop data can be viewed upon request by the customer. Incorrect data can either be corrected by the customer or by us, or can be deleted upon customer request as far as there is no existing legal retention obligation in this regard.
The customer has the right to submit a request for information at any time on the contact page of the online shop. For security reasons proof of identity is required for any requests regarding the release of personal data.
10. Data Security
The online shop has been developed considering the latest technology available. Constant improvements as well as the implementation of new security measures form an integral part to protect stored personal data against manipulation, partial or complete loss and against unauthorized access by third parties.
Access data used by the customer on the online shop should always be treated confidentially. To ensure a high degree of security the following browser data should be deleted once the online shop session has been terminated by the customer, in particular if the computer has been used together with other users:
- Browsing history
- Download history
- Cookies and other site data
- Cached images and files
- Passwords
- Autofill form data
- Content settings
It should be noted that other means of data transmission (e.g. Email, Phone) have security vulnerabilities and therefore can not be fully protected against access by third parties.
11. Storage of Data
Personal data will only be stored as long as necessary in respect to the above mentioned tracking technology (Google Analytics) and the legitimate interest of the online shop. Contract data will be stored for as long as it is legally required by the current retention obligations resulting from present accounting and tax regulations.
12. Right to Complain to a Data Protection Supervisory Authority
The customer has the right to file a complaint to the relevant data protection supervisory authority at any time.
January 2019
CONTACT INFORMATION
Contact (Customer Service and Technology)
Email “[email protected]” followed by “cbartsy.com”
Address
Cbartsy.com
P.O. Box 672
3000 Bern 8
Switzerland