Eclectarte
TERMS OF USE
The following are the terms and conditions (the “Terms”) under which you (a “User”) may use the websites of Eclectarte (the “Company”) at www.eclectartegaleria.com and/or any other addresses (any or all of which are herein referred to as the “Website”) and the online content available on them (“Eclectarte Galería Content”). Please read this page carefully. By accessing and using the Website, you accept and agree to be bound, without modification, limitation, or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
If you use the Website in the course of your business, you are also agreeing to be bound by the Terms on behalf of that business and you should also read clause 1.4 relating to the use at work.
your use of the website constitutes your agreement to all terms, conditions, and notices contained herein or otherwise posted on the website. (the content of such agreement, inclusive of the terms and all such additional conditions and notices, are together referred to herein as the “Agreement”). if you do not accept any of the provisions of the agreement, do not use the website.
If you have any queries please contact <info@eclectartegaleria.com>.
The Company may change or withdraw any part of the Website or the Eclectarte galería Content at any time (with or without notice to you). If you do not agree to the changes you should cease using the Website.
Access and use
Permitted use :
- Retrieve and display Eclectarte galería content on any compatible device.
- Print a single copy of individual articles on paper (but do not photocopy them)
- Email headlines appearing on the website (but not full-text articles)
- Store such articles in electronic form on disk or a mobile device (but not on any server or other storage device connected to a network); and
- Use spidering technology to search and link to the website, provided that you do not infringe the restrictions on use below.
All Eclectarte Galeria content belongs to the company or its licensors. The company or its licensors own all intellectual property rights (including copyright and database rights) in the Eclectarte galería content and any selection or arrangement of the Eclectarte galería content you may for your personal, non-commercial use:
Restrictions on use :
- Remove the copyright or trademark notice from any copies of the Eclectarte galería content made under the terms; or
- Create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing, and storing all or any of the Eclectarte galería content (by spidering or otherwise); or
- Frame, harvest or scrape the Eclectarte galería content or otherwise access the Eclectarte galería content for similar purposes.
You may not use the website or the Eclectarte galería content for any unlawful purpose. except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display, or in any way commercially exploit any of the Eclectarte galería content. without limitation, you may not do any of the following without prior written permission from the company (and neither may you allow a third party to do any of the same).
Linking :
- May display an Eclectarte galería logo but must not otherwise use any of the company’s trademarks without permission from the company;
- May not remove, distort or otherwise alter the size or appearance of the logo;
- Must link to the homepage of the website. it is not permitted to link directly to any image hosted on the website, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website;
- Must open in a new browser window;
- May link directly to videos hosted on the website only with proper credit to the company, and the videos may not be altered in any way;
- May not link from any other website to the website in any manner such that the website, or any page of the website, is “framed,” surrounded or obfuscated by any third-party content, materials, or branding;
- Must not in any way imply that the company is endorsing it or its products or services;
- Must not misrepresent its relationship with the company or present false information about the company;
- Must not be a site or service that infringes any intellectual property or other rights of any person or that otherwise does not comply with all relevant laws and regulations;
- Must not be a site or service that contains content that could be construed as distasteful or offensive.
- The company expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.
- Please note that in addition and without prejudice to our rights at law to restrict the types of use referred to above, these restrictions are also contractual and bind all users of the website.
You may not use the website or Eclectarte galería content for any unlawful purpose. except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display, or in any way commercially exploit any of Eclectarte galería content. Without limitation, you may not do any of the following without prior written permission from the company (and neither may you allow a third party to do any of the same):
At work use :
If you are using the website in an “at work” capacity (whether for a company, partnership, public sector body, charity, etc.) and your use extends beyond personal, non-commercial use then you should contact the company at <info@eclectartegaleria.com> to discuss your business requirements, since your use of Eclectarte galería content may extend beyond what is permitted by the terms. in particular, all requests to republish, redistribute or syndicate Eclectarte galería content internally within your business or externally should be addressed to us, as such use falls outside the scope of use permitted by the terms.
Privacy and user submissions
The company is committed to maintaining your privacy. the company does, however, gather certain personal information that you provide, for example through such users’ activities or completion of online forms on our website or when you complete surveys, submit a comment or question to us using a “contact us” or similar feature on our website, send us an e-mail, or in any other way submit personal information to us via our website. this information will be used for internal data processing, such as compiling statistical information about your interests and the use of our website.
As a service to you, we may also use this information to customize the content we offer. to facilitate this service, the company may use “cookies” to keep information about you when you use our website.
If you provide the company with an email address that will result in any messages the company may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that the company may refrain from sending messages to you without notifying you, even if you have subscribed to receive them if we receive a request from a third party to stop sending messages to you.
At the bottom of each email, you will be provided with the option to update your interests or unsubscribe from future mailings. at any time, you may also send an email to info@eclectartegaleria.com and request that your email address be removed from our lists.
We will not share your data with anyone outside the company. we may however from time to time need to disclose your data to affiliates, related companies, agents, or contractors of the company to enable the company to communicate with you. where we do so it will be on the basis that they are required to keep the information confidential and will not use the information for any other purpose than to carry out the services they are performing for the company.
While we will not voluntarily disclose your data we may disclose such information if we are required to do so by court order, if we are requested by government or law enforcement authorities, if we are required to do so under other legal processes, or if it becomes necessary to protect the rights or property of the company.<
The company may provide certain areas of the website (such as chat rooms, message boards, or other facilities) designated as open to public access or to our users at large (each of which is referred to herein as a “public area”). generally, any communication that you post in a public area is considered to be non-confidential.
Registration, passwords, and signatures
In consideration of your use of the website, you agree to:
- Provide true, accurate, current, and complete information about yourself as prompted by any registration form that you may fill out on any website (such information being the “registration data”); and
- Maintain and promptly update the registration data to keep it true, accurate, current, and complete. if you provide any registration data that is untrue, inaccurate, not current, or incomplete, or the company has grounds to suspect that such registration data is untrue, inaccurate, not current, or incomplete, the company has the right to suspend or terminate your account and refuse any current or future use of the website (or any portion thereof).
You may receive a password and/or account designation, or a digital signature upon completing the registration process on the company’s website. you are responsible for maintaining the confidentiality of any such password, digital signature, and account, and are fully responsible for all activities that occur under your password, digital signature, or account. you agree to:
- Immediately notify the company of any unauthorized use of your password, digital signature, or account or any other breach of security; and
- Ensure that you exit your account at the end of each session. the company cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
Warranties and limitation of liability
Limited warranty
- What we can guarantee: The company shall develop and operate the website with reasonable skill and care and has reasonable security procedures in place.
- What we cannot guarantee: except as set out in clause 4.1(a) above, the company does not give any warranties concerning the website. to the extent allowed by applicable law, the company hereby disclaims all other warranties, conditions, or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality, merchantability, or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or workmanlike effort. neither do we provide any warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties.
Our liability exclusion
- To the full extent allowed by applicable law, you agree that the company will not be liable to you for any losses which relate to your business or investment choices or which are not a direct consequence of your use of the website (including lost profits or loss of privacy or loss of or damage to data) or which arise as a result of you using the website outside the scope of the terms.
- in addition to but separate from the above specific exclusion and to the full extent allowed by applicable law, you also agree that the company and/or its suppliers will not be liable to you for any other indirect, special, consequential incidental, punitive, or exemplary damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, the delay or inability to use the website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages.
- The above disclaimers and restrictions on liability apply equally to your use of the website and all Eclectarte galería content.
Remedies
If you are dissatisfied with any portion of the website or the Eclectarte galería content, or with any provision of the agreement, your sole and exclusive remedy is to discontinue using the website. under no circumstances shall the company be liable to any user or any third party on account of that user’s use of the website.
Other information
- Without limiting the above, the company is not liable for matters beyond its reasonable control. the company does not control telephones, third party communications networks (including your internet service provider) or the internet, or the acts of third parties.
- Eclectarte galería content is only for your general information and use and is not intended to address your particular requirements. in particular, the Eclectarte galería content does not constitute any form of advice, recommendation, representation, endorsement, or arrangement by the company and is not intended to be relied upon by a user in making (or refraining from making) any specific investment or other decisions. appropriate independent advice should be obtained before making any such decision.
- Any agreements, transactions, or other arrangements made between you and any third party named on (or linked to from) the website are at your sole risk and responsibility. any information that you receive via the website whether or not it is classified as “real-time”, may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore not entirely accurate. the company is not responsible for any use of Eclectarte galería content by you outside its scope as stated in the terms.
Third-party sites and services
- The website may contain links to other internet websites or online services provided by independent third parties (“third-party sites”), either directly or through frames. third party sites may be co-branded with the company and so include the company’s trademark. the company is not responsible for the availability or content of third-party sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such third-party sites. if you purchase products or services from a third-party site your contract for such products or services will be with the third party and not with the company. our privacy policy does not apply to third-party sites.
- The website may contain advertising and sponsorship. advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with international and national law. the company will not be responsible for any error or inaccuracy in advertising or sponsorship material.
Law and jurisdiction
- The terms shall be governed by, and construed under, Colombian law.
- To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of Colombia shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the Colombian courts.
- For the exclusive benefit of the company and to the extent possible in the applicable jurisdiction, the Company shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
General
- You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
- If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
Shipping Policies
Fees and shipping costs
Competitive shipping quotes and options are calculated automatically at checkout based on the artwork’s location, dimensions, and the collector’s location.
For Shipping (domestic), the following shipping options are available:
Standard
Delivers to your door in 3-5 business days once packaged and shipped via a common carrier.
Express
Delivers to your door in 2 business days once packaged and shipped via a common carrier.
Premium
Inside-delivery shipped service with custom packaging. Delivery timing variable.
Room-of-choice delivery is handled via trained technicians with specialized packaging and climate-controlled transportation. Recommended for high-value works. Delivery timing variable.
For International Shipping, we offer two services:
Self-ship (packing required)
Delivers to your door in 3-5 business days once packaged and shipped via a common carrier.
Full service
Inside-delivery shipped via white glove shipping service with custom packaging. Delivery timing variable.
For larger works such as furniture or installations, we offer Premium shipping.
The shipping prices are calculated automatically at checkout based on the artwork’s location, dimensions, weight, and the collector’s location.
Guarantee
If your work is meaningfully not as described, inauthentic, does not arrive, or arrives damaged, we will work with you to find the best resolution, including getting your money back. In some instances, a partial refund, restoration, or exchange may be the best resolution. Eclectarte’s Guarantee covers 15% transactions up to $50,000 USD. For transactions over this amount, our team is still here to support you to find the best resolution.
To receive Eclectarte Galería protections, you must:
- Complete your entire transaction.
- Report the issue within our standard reporting window:
– Items not as described must be reported within 7 days of receipt
– Items not received must be reported within 14 days of the latest expected delivery date
– Items with authenticity concerns must be reported within 180 days of delivery. - Provide any requested photographic evidence of the issue (including the artwork and the original packaging). If there is any damage to the package, don’t open it, and email our team.
- If given the option, require a signature to receive your item.