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Terms of Service

OVERVIEW

This website is operated by LaBerger Art with support from Webnode. Throughout the website, the terms "we", "us" and "our" refer to LaBerger Art. LaBerger Art offers this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our website and/or making a purchase from us, you are participating in our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions referenced and/or accessible by hyperlink hereto. These Terms of Service apply to all users of the website, including without limitation browsers, sellers, customers, merchants and/or content providers.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms of this agreement, you may not access the website or use the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

New features or tools added to the current store are also subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access of the website following the posting of changes constitutes your acceptance of the changes.

Our store is powered by Webnode. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

  • By accepting these Terms of Service, you represent that you are the age of majority in your state or province, or that you are the age of majority in your state or province, and have consented to your minor dependents using this website.
  • You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) in your use of the Service.
  • You may not transmit to us any spyware, viruses, or destructive code.
  • Any breach or violation of any of the Terms will result in immediate termination of the Services.

SECTION 2 – GENERAL TERMS

  • We reserve the right to refuse service to anyone at any time for any reason.
  • You acknowledge that your content (except credit card information) may be transmitted unencrypted, which may include (a) transmission over various networks; and (b) changes made to adapt and accommodate the technical requirements of the connecting networks or devices. Credit card information is always encrypted during transmission over networks.
  • You agree not to reproduce, copy, sell, resell or exploit any portion of the Service, your use of the Service, your access to the Service or any contact information contained on the website providing the Service without our express written permission.
  • The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  • We are not responsible if the information available on the Website is not accurate, complete or current. The materials on the Website are provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or more timely sources of information. Any reliance placed on the materials on the Website is at your own risk.
  • This Website may contain certain historical, political or ideological information. Such information is not necessarily always objective and current and is provided for informational purposes only. We reserve the right to change the content of the Website at any time, but we are not obligated to update the information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 4 – MODIFICATIONS TO SERVICE AND PRICES

  • Prices for our products are subject to change without notice.
  • We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
  • We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

  • Certain products or services are available exclusively online through the Website. These products or services are available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
  • We have made every effort to display the colors and images of our products in the Store as accurately as possible. We cannot guarantee that any colors that appear on your computer monitor will be accurate.
  • We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any product or service we offer. Product descriptions or pricing are subject to change at any time, without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on the Website is void where prohibited. We do not warrant that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations or that errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND INVOICE INFORMATION

  • We reserve the right to refuse any orders you place. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the same credit card and/or the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you via the email address and/or billing address/phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by merchants, resellers or distributors.
  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can process transactions and contact you as needed.
  • Please review our Refund Policy for further details.

SECTION 7 – OPTIONAL TOOLS

  • We may provide you with access to third-party tools over which we have no control or input.
  • You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions, and without any endorsement. We have no liability whatsoever for or in connection with any optional third-party tools you use.
  • Your use of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions under which such third-party provider(s) provides the tools.
  • We may offer new services and/or features through the Website in the future (including the release of new tools and resources). Such new features and/or features will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

  • Certain content, products and services available through our Service may include materials from third parties.
  • Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant or assume any liability for, any third-party materials or websites or other materials, products or services of third parties.
  • We are not responsible for any damages or losses arising from your use of goods, services, resources, content or other transactions with third-party websites. Please read the third-party policies and practices carefully and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  • If you submit certain specific materials (such as application materials) to us at our request, or if you send us creative ideas, suggestions, proposals, plans or other materials without our request online, by email, by postal mail or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium any Comments you transmit to us at any time without restriction. We are not and will not be obligated to (1) maintain the Comments in confidence; (2) pay compensation for the Comments; or (3) respond to the Comments.
  • We have the right, but not the obligation, to monitor, edit or remove any content that we determine in our sole discretion to be unlawful, abusive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
  • You agree that your contributions will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your contributions will not contain libelous or otherwise unlawful, offensive or obscene material, and will not contain any computer virus or other malicious program that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone else, or mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you post and their accuracy. We are not responsible for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

  • There may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders without notice (including after an order has been submitted) if information on the Service or any related website is inaccurate.
  • We undertake no obligation to update, amend or clarify any information on the Service or any related website, including without limitation pricing information, except as required by law. The date of the last update on the Service or any related website does not mean that all information on the Service or any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to any other prohibitions contained in the Terms of Service, you may not use the Site or its Content for any of the following purposes: (a) any unlawful purpose; (b) to encourage others to commit or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate your own or others' intellectual property rights; (e) to harass, abuse, insult, harm, defame, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that is or may be used in any way to affect the operation of the Service or any related website, other websites, or the Internet; (h) collect or track personal information of others; (i) spam, phish, drug-smuggling, spoofing, web crawling, crawling, or data scraping; (j) for any obscene or immoral purpose; or (k) disrupt or circumvent any 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 if you violate any of the prohibited uses.

SECTION 13 – WARRANTY STATEMENT; LIMITATION OF LIABILITY

  • We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
  • We do not guarantee that the results obtained from the use of the service will be accurate or reliable.
  • You agree that we may remove the service indefinitely or cancel the service at any time without notice.
  • You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service (except as expressly stated) are provided for your use on an "as is" and "as available" basis, without any express or implied warranties, guarantees or conditions, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
  • In no event shall the owner of LaBerger Art and its employees be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or any other claim in any way connected with your use of the service or any product, including, but not limited to, errors or omissions in the content, or any loss or damage arising out of the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if not advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless LaBerger Art from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

  • The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
  • These Terms of Service shall remain in effect until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing use of our website.
  • If, in our sole discretion, you fail to comply, or we suspect that you have failed to comply, with any provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to the date of termination; and/or we may deny you access to our Services (or any portion thereof) accordingly.

SECTION 17 - ENTIRE AGREEMENT

  • Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • These Terms of Service, and any policies or operating rules we may post on this website or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous, oral or written agreements, communications and proposals between you and us (including, without limitation, prior versions of the Terms of Service).
  • Any ambiguity in the interpretation of these Terms of Service shall not be construed to the detriment of the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements pursuant to which we provide Services to you shall be governed by and construed in accordance with the laws of Hungary.

SECTION 19 – MODIFICATIONS TO TERMS OF SERVICE

  • You can review the most current version of the Terms of Service at any time by visiting this page.
  • We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of modifications to these Terms of Service constitutes your acceptance of the changes.

SECTION 20 – CONTACT US

Questions regarding the Terms of Service should be directed to: registration@labergerart.com