Acceptance of terms

 

These terms and conditions (including the Privacy Policy together with any other documents referred to in these terms, the “Customer Terms”) set out the terms and conditions on which you may make use of the Backboneart.com website (the “Site”), whether as a guest or registered user (“Customer”). The basis of any order or contract will therefore always be the Customer Terms of Backbone Art SaRL (“Backbone Art”). By continuing to use the Site you accept these terms.

We may update these Customer Terms (and the documents referred to in them) from time to time and will notify you by uploading them to the Site. You should review the Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Site.

 

About us

 

The Site is operated by Backbone Art SaRL (company number CHE-303.912.703) whose registered office is at 12 Rue du Prieuré, 1202 Geneva, Switzerland, “Backbone Art”.

 

Description of Backboneart.com’s goods and services

 

The goods sold on the Site are art photographs in limited edition, frames, and certificates. The photographs are offered in one or several formats and mountings, according to the agreements made between the photographer and Backbone Art. The photographs are accompanied by a biography of the artist and a certificate of authenticity in English.

To ensure you keep enjoying our artworks, you should not expose photographs or frames, either in part or in full, to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal living room.

The good is delivered to the shipping address provided by the customer on the Checkout page. the delivery includes nails. backbone art shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the materials provided. Backbone Art recommends to drill holes and use appropriate nails to hang the photograph.

You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the good page in relation to the order.

 

Accessing the site

 

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. The Site is available in French and English. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy.

By providing any such personal data or other information you agree to the terms of our Privacy Policy. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

Backbone Art may use and promote services provided by outside third parties. However, even if the third party is affiliated with Backbone Art, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

 

Intellectual property rights

 

We are the owner or the licensee of all intellectual property rights contained in the Site and in the material published on it. All such rights are reserved.

The rights of representation and of reproduction of the works presented on the Site belong to Backbone Art. Their authorization is necessary for all exploitation of these rights. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction.
You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us.

If you breach these Customer Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We respect the intellectual property rights of others. If you are aware that any of your intellectual property rights have been infringed on the Site, please email support@backboneart.com to report the concern.

 

Payment methods

Purchases may be paid for using a debit or credit card or Paypal through our online payment facility. All prices shall be shown and payable in EUR. Delivery charges will vary depending on the destination and the article’s size. You must accept the general Customer Terms and conditions of sale of the Site in order to pass to the payment step. The acceptation is effected in checking the box attached to the link to these conditions. The contract is concluded upon the confirmation of the payment by the bank. The Site sends you a confirmation of your order by email in the minutes that follow.

 

Refusal of transaction

 

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

 

Delivery arrangements

 

Your shopping cart on the Site displays the goods you have chosen. Details of postage and packing will be displayed on the checkout page. Shipping costs are paid by the Customer for all orders and will be displayed on the Checkout page. Any delivery times quoted are in working days.

 

VAT, Import regulations, and duty

 

For delivery destinations within the EU and Switzerland, prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU and Switzerland, prices do not include VAT or other sales taxes.

If you order goods from our Site for delivery outside the EU and Switzerland, they may be subject to import duties and other taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. 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 goods or services are destined. Please note that items may not be deliverable overseas due to local law and it shall be your responsibility for any failure to deliver the goods overseas due to local law. We will not be liable for any breach by you of any laws.

 

Returns, exchange, and refunds

 

You dispose of a right to return the artwork if it does not suit you. This right is not applied to gift certificates or orders made by companies. For all orders on the Site, you dispose of a period of 14 calendar days to notify us of your request for a return. For this, please contact our customer service that will indicate to you the return address and then you will dispose of a period of 7 days to return to us your order. Typically, goods cannot be returned by normal post. No “shipment for reimbursement” will be accepted without prior notice, for any reason. Goods returned without their original packaging or incomplete, spoiled, damaged, or dirtied by the client are not reaccepted. Backbone Art will reimburse the price of the photographs as well as the original shipping fees (the return shipping fees resting the Customer’s responsibility) in a period of 14 days following the reception of the order by Backbone Art, by credit in the bank account having served for payment, or by gift certificate, according to the mode of payment used at the time of the order.

You dispose of a right to return the artworks also in the case that the artworks received do not conform to the order. In this case, please contact our customer service which will indicate to you the return address and the procedures of return.

Please visit the Shipping & Returns section of our website.

 

Warranty

 

Unless expressly agreed in writing, normal warranty rights shall apply. The warranty period of two years shall apply. This shall start upon handover of the goods. During this period, all defects subject to normal warranty obligations shall be corrected free of charge. The normal warranty covers mainly production defects. If a defect is discovered during the receipt or subsequently, we must be advised immediately.

 

Links

 

You may link to pages on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the homepage. We reserve the right to withdraw linking permission at any time.
The Site may provide links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.

 

Viruses, hacking and other offenses

 

You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

We will report any such breaching of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

 

Waiver

 

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

Severability

 

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

 

Entire agreement

 

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

 

Force majeure

 

Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of its obligations shall be postponed for the period of time that the circumstances continue.

 

Law and jurisdiction

 

Contracts for the purchase of goods or services through our Site shall be governed by the law of Switzerland. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Switzerland.

 

Feedback

 

General comments about the Site are welcome by email support@backboneart.com. Complaints about a specific good or service must be first be notified to Backbone Art at the email support@backboneart.com.

 

LIMITATION OF LIABILITY

 

BACKBONE ART SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE.

 

For more information:

 

Email: support@backboneart.com

Backbone Art SaRl

12, rue du Prieuré

1202, Geneva

Switzerland