Welcome to CSFloArt Gallery. These Terms and Conditions govern your access to and use of our website, services, and content. By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the website or use our services.
Please read these Terms carefully before using our website. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms.
1. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "CSFloArt Gallery," "we," "us," or "our" refers to the art gallery located at 541 Morgan Court, Lake Dave, SK2 5XT, Germany.
- "Services" means all aspects of the CSFloArt Gallery website, including all Content, features, and functionality offered through the website.
- "Terms" means these Terms and Conditions.
- "User," "you," or "your" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
2. Account Registration and Use
2.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
2.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
2.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
2.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
3. Content and Intellectual Property
3.1 Gallery Content
All Content displayed on our website, including but not limited to text, images, graphics, photographs, videos, and artwork, is owned by or licensed to CSFloArt Gallery and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works from any Content without our express prior written consent.
3.2 User Content
By submitting User Content to our website (such as comments, reviews, or messages), you grant CSFloArt Gallery a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and CSFloArt Gallery's business operations.
3.3 Content Restrictions
You agree not to post User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
- Infringes on the intellectual property rights of others
- Contains software viruses or any other computer code designed to interfere with the functionality of our website
- Constitutes unauthorized advertising, spam, or promotional materials
- Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity
We reserve the right, but are not obligated, to remove or restrict any User Content that violates these Terms or that we find objectionable for any reason.
4. User Conduct
When using our Services, you agree not to:
- Violate any applicable law, regulation, or these Terms
- Use our Services for any illegal purpose
- Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
- Probe, scan, or test the vulnerability of the Services or any network connected to the Services
- Interfere with or disrupt the Services or servers or networks connected to the Services
- Use any robot, spider, or other automated device to access the Services
- Forge headers or manipulate identifiers to disguise the origin of any Content transmitted through the Services
- Collect or harvest any personally identifiable information from the Services
- Engage in any activity that interferes with or disrupts the Services
5. Purchases and Payments
5.1 Pricing and Availability
All prices displayed on our website are in Euros (€) and are subject to change without notice. Despite our best efforts, a small number of items may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
5.2 Payment Terms
We accept various payment methods as indicated on our website. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your purchase (including any applicable taxes and shipping fees).
5.3 Taxes
You are responsible for paying all taxes associated with your purchases. For orders shipped within the European Union, we collect and remit VAT as required by law.
5.4 Shipping and Delivery
Shipping costs and estimated delivery times are provided at checkout. We are not responsible for delays in delivery due to customs processing, weather conditions, or other circumstances beyond our control.
6. Refunds and Returns
Our refund and return policies are detailed in our separate Refund Policy. By making a purchase, you agree to the terms of that policy.
7. Privacy
Your privacy is important to us. Our Privacy Policy, available on our website, explains how we collect, use, and disclose information that pertains to your privacy. By using our Services, you agree to the collection, use, and disclosure of your information as set out in our Privacy Policy.
8. Disclaimers
8.1 Service Provided "As Is"
Our Services are provided on an "as is" and "as available" basis. CSFloArt Gallery expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 Accuracy of Information
While we strive to provide accurate information on our website, we cannot guarantee that all information (including artwork descriptions, dimensions, and prices) is always accurate, complete, or current. In the event of an error, we reserve the right to correct such error and revise your order accordingly or to cancel the order and refund any amount charged.
8.3 External Links
Our Services may contain links to third-party websites or services that are not owned or controlled by CSFloArt Gallery. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that CSFloArt Gallery 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.
9. Limitation of Liability
To the maximum extent permitted by applicable law, CSFloArt Gallery, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
In no event shall our total liability to you for all claims exceed the amount you paid to CSFloArt Gallery, if any, during the 12 months preceding the event giving rise to the liability.
10. Indemnification
You agree to defend, indemnify, and hold harmless CSFloArt Gallery, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:
- Your access to or use of the Services
- Your violation of these Terms
- Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right
- Any claim that your User Content caused damage to a third party
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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 Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of Berlin, Germany. You agree to submit to the personal jurisdiction of the courts located within Berlin, Germany, for the purpose of litigating all such claims or disputes.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and CSFloArt Gallery regarding our Services and supersede and replace any prior agreements we might have between us regarding the Services.
