Terms of service

Effective Date: 2 November 2023

1. Introduction
Welcome to the ÁRGILLARTE website (hereinafter referred to as "the Site"). The Site is owned and operated by ÁRGILLARTE Pty Ltd, registered under the business number 4368 1397 544. These terms and conditions (the "Terms") govern your use of the Site, its contents, and the products and information made available to you through the Site. By accessing or using the Site in any manner, you agree to be bound by these Terms. ÁRGILLARTE reserves the right to modify the Site, including these Terms and Conditions, at any time. It is your responsibility to review these Terms periodically. Your continued use of the Site constitutes acceptance of any revised Terms.

2. Scope Of Services
The Site is dedicated to showcasing and facilitating the sale of ceramic art and related products (collectively referred to as "Products"). These Terms outline the legal framework governing your interactions with the Site and the use of its services.

3. Disclaimer Of Warranties
The services, all products purchased, the content used in connection with the services and all text, images, merchandise, and other information on, accessible from or available through or in connection with the services are provided on an "as available" and "as is" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the maximum extent permitted by applicable law. Use of the services is at your own risk. No advice or information, whether oral or written, obtained by you from ÁRGILLARTE or through the services will create any warranty not expressly stated herein. Specifically, but without limitation, ÁRGILLARTE, its subsidiaries, its affiliates, and its licensors do not warrant that: (i) the information and content available on this services is accurate, reliable, correct or free of errors; (ii) that the services will meet your requirements or that it will be uninterrupted or free of errors; (iii) that the service will be available at any particular time or location or secure; (iv) that any defects or errors will be corrected, or (iv) the services or the server(s) that makes them available are free of viruses or other harmful components. ÁRGILLARTE does not provide any warranty on products or items that ÁRGILLARTE sells or makes available on the services.

4. Legal Capacity To Transact
1. Age Requirement: You must be at least eighteen (18) years of age to place orders with ÁRGILLARTE, unless you have obtained the legally required consent from a parent or legal guardian.
2. Acknowledgment: By accepting these terms and conditions, you explicitly acknowledge that you are of legal age (eighteen years or older) or that, if you are under the age of eighteen, you have obtained the legally mandated consent of a parent or legal guardian.
3. Liability for Minors: In the event that ÁRGILLARTE incurs any damages, losses, or legal consequences resulting from a transaction initiated by a minor who has not obtained the required consent, ÁRGILLARTE reserves the unequivocal right to seek full compensation for such losses from the parents or legal guardians of the minor responsible for placing the order(s) with ÁRGILLARTE.

5. Credit Card Fraud
ÁRGILLARTE utilizes state-of-the-art Secure Sockets Layer (SSL) technology software for secure transactions with our customers. However, it is imperative to understand and acknowledge the following:
1. Customer Responsibility: While we employ advanced security measures, customers are responsible for safeguarding their credit card information and taking all necessary precautions to prevent unauthorized use.
2. Limitation of Liability: ÁRGILLARTE shall not be held responsible for any damages or consequential losses, whether direct or indirect, suffered by a customer as a result of credit card fraud or unauthorized use. This limitation of liability applies even in cases where credit card fraud occurs in connection with a transaction on our platform.

6. Website Content, Intellectual Property
The design of this Website, the Website as a whole, and all materials that are part of and content contained on the Website, including photographic images (collectively “Content”) are copyrights, trademarks, trade dress and other intellectual properties owned, controlled or licensed solely by ÁRGILLARTE and are the property of ÁRGILLARTE. You may store, print and display the Content supplied solely for your own personal, non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of any such copying or use. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content on the Website. Any use of the Content without ÁRGILLARTE’s express written consent is strictly prohibited.

7. User Content Guidelines
We welcome and value user contributions, including comments, reviews, and other user-generated content, as they enhance our community. However, we ask that you follow these guidelines: (1) Ensure your content is respectful and courteous to others, (2) Keep your contributions relevant to the topic or purpose of the website, (3) Comply with all applicable laws and regulations, including those related to intellectual property and privacy. We retain the right to moderate, edit, remove, or decline content that violates these guidelines or our terms and policies, or is deemed offensive, harmful, or infringing

8. Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
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.

9. Modifications To The Service And Prices
Prices for our products are subject to change without notice. ÁRGILLARTE reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
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.

10. Accuracy Of Content; Limitations On Quantity; Products Or Services
Excluding User Content, the information we provide in connection with the Services is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products, services and/or experiences at a particular time does not guarantee that the products, services and/or experiences will be available.

11. 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, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

12. Links To Third Party Websites
The Sites may contain links to websites and other resources operated by third parties other than ÁRGILLARTE. Such links are provided solely as a convenience to you. ÁRGILLARTE does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Unless otherwise specified, the inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

13. Unavailability Of Services; Termination; Fraud
ÁRGILLARTE may alter, suspend, or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable from time to time for maintenance or other reasons. ÁRGILLARTE may, in our sole discretion, terminate or suspend your use or access to all or part of the Services or your account or membership, for any reason, including, without limitation, breach of these Terms. If at any time ÁRGILLARTE notifies you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms or your account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

14. Indemnification
By using the Services, you agree to indemnify, hold harmless, and defend ÁRGILLARTE, and its affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “ÁRGILLARTE Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use, misuse or access to the Services including any data or content transmitted or received by you; (ii) a dispute with a User; (iii) your breach of any terms of these Terms, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any applicable law, rule or regulation or the rights of a third party; (v) your User Content; (vi) your willful misconduct, or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code. You agree to cooperate as fully as reasonably required in the defense of any claim. ÁRGILLARTE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the ÁRGILLARTE Indemnitees.

15. Limitation Of Liability
To the maximum extent permitted by applicable law, in no event shall ÁRGILLARTE or its affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on or in connection with the services be liable to any user of the services or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use or access the services or any information contained thereon or stored or maintained by ÁRGILLARTE whether based upon warranty, contract, tort, or otherwise, even if ÁRGILLARTE has been advised of or should have known of the possibility of such damages or losses. Under no circumstances will ÁRGILLARTE be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your account or the information contained therein.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ÁRGILLARTE has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services, and experiences available through the Services.

16. 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 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.

17. 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.

18. Force Majeure
ÁRGILLARTE shall not be held liable for any failure or delay in the performance of its obligations under these terms and conditions when such failure or delay is caused by circumstances beyond our reasonable control, including, but not limited to, acts of nature, acts of government, strikes, labor disputes, equipment or network failures, pandemics, or other unforeseeable events. In such cases, ÁRGILLARTE shall be entitled to a reasonable extension of time for the performance of its obligations, and users shall not be entitled to any claims for damages or losses resulting from such delays. We will make reasonable efforts to inform users of the occurrence of a force majeure event and its expected duration.

19. Governing Law
The law applicable to the interpretation and construction of these Terms and Conditions and any transaction (including purchases made on this Website) using or related to the Website, shall be the laws of the State of Australia. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of Australia.

20. Miscellaneous
If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms and Conditions will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles are for convenience only. The official language of these Terms and Conditions exclusively shall be English. All communications and agreements between ÁRGILLARTE and you and any proceedings in connection with these Terms and Conditions and/or your use of the site exclusively shall be made in English. ÁRGILLARTE and you waive any rights we each may have under any other law to have these Terms and Conditions written in another language. Any translation of these Terms and Conditions will be for convenience only.

21. Contact Information
For any questions or concerns about your use of our Services, please email us at info@argillarte.com.