It is important that you read and understand these terms and conditions before proceeding with this transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with a representative of Marulanda Art. Only proceed with this transaction if you wish to be bound by the terms and conditions set out below. This agreement applies as between you, the User of this Site, and Marulanda Art, the owner(s) of this Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately. No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

PURPOSE AND EFFECT

These terms and conditions set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as “the Work”. We confirm that we either own the Work or are authorized to sell it on behalf of the owner. If you wish to rely on any variation of or addition to these terms and conditions, you must ensure that the variation or addition has been agreed by us in writing.

STATEMENTS ABOUT THE WORK

All statements by us as to the authenticity, attribution, description, date, age, provenance, title, or condition of the Work constitute our judgment and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale. 

While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about the condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however, occasioned, after the sale. You are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses above. 

PAYMENT OF PURCHASE PRICE

You must pay us the full price for the Work, any VAT, and any amounts payable to us by Paypal, credit card, or such other methods as we agree.

COMMISSION PAYABLE BY US TO THIRD PARTIES

We may pay a commission to any party who has assisted us with the sale of the work to you or who has introduced you to us. We will provide you with details. Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining an export license, and failure or delay in obtaining a license will not constitute a basis to cancel a purchase or delay payment for it. 

INTELLECTUAL PROPERTY

The Work and all contents, including but not limited to text, images, graphics or code are the property of Marulanda Art and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Work only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Marulanda Art or its affiliates. You further agree not to use, change, or delete any proprietary notices from materials downloaded from the Work. 

LINKS TO OTHER WEBSITES

The Work may contain links to third-party websites or services that are not owned or controlled by Marulanda Art. Marulanda Art has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Marulanda Art shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. 

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Marulanda Art, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Work; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Work. 

LIMITATION OF LIABILITY

Marulanda Art, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Work; (ii) your inability to access the Work; (iii) any conduct or content of any third-party on or related to the Work; (iiv) any content obtained from or through the Work; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose. 

We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract tort or otherwise shall be limited to the price paid for the Work provided that nothing in this clause 9 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud. 

DISCLAIMER AND NON-WAIVER OF RIGHTS

Marulanda Art makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Work is at your sole risk. The Work is provided on an “AS IS” and “AS AVAILABLE” basis. The Work is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in New York. In such cases, the provincial law shall apply to the extent necessary. Marulanda Art its subsidiaries, affiliates, and its licensors do not warrant that a) the Work will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Work is free of viruses or other harmful components, or d) the results of using the Work will meet your requirements. 

If you breach any of these Terms and Marulanda Art chooses not to immediately act, or chooses not to act at all, Marulanda Art will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Marulanda Art does not waive any of its rights. Marulanda Art shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. 

You may not assign, sub-license or otherwise transfer any of your rights under these Terms. 

COPYRIGHT 

The copyright subsisting in all images and other materials produced for the sale of the work is owned by Marulanda Art and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including art prints, photographs thereof) for publication. 

NOTICES 

Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and must be sent by post, or delivered by hand, to our address or to your last known address as notified to us by you as the case may be. 

REFUNDS 

If you have concluded a transaction exclusively at a distance you have the right to cancel the contract for the purchase within 7 working days, beginning with the day after the day the Work is collected/delivered. This right extends only to the Work returned in the same condition in which they were sold. You will be responsible for the costs of returning the Work to us unless we delivered it to you in error. 

CHANGES 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Work after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Work. Contact Us If you have any questions about these Terms, please contact us by sending an email to support@marulandaart.com.