T&C’s
Ts and Cs
Terms and Conditions
Introduction
Please study these terms and conditions (‘terms or ts and cs’) carefully since they contain the terms that you agree to when you buy original photography provided to you by Nicholas Gentilli (‘the service’).
By using our service you agree to be bound by these terms which are applicable to all users of our service, including casual visitors. If you ask to register as a member of our service then you will be asked to check a box that will indicate that you have read and accept these terms and conditions.
1 Operator
This service is operated by Nicholas Gentilli whose studio address is Studio 41 , Delta House Studos ,Riverside Road, London SW17 0BB,, United Kingdom
2 The Service and its purpose
Nicholas Gentilli is an Artist who take s photographs and supplies them in printed format. All items are his copyright.
3 Continuity
Nicholas uses reasonable endeavours to maintain our online service 24 hours a day 7 days per week. Nevertheless there will be occasions when the service will not be continuous due to mechanical failure, software upgrades and emergency repairs or due to the failure of telecommunications links and equipment that are beyond our reasonable control. You agree that Genie Imaging shall not be liable to you for any modification, suspension or discontinuance of the Service.
4 Local Law
Those that access the Nicholas Gentilli service from any location outside the UK are solely responsible for compliance with the local law, if and to the extent, that it is applicable. In this case, you agree that, by accepting these terms that you waive any consumer rights that you may have under your local law and that these purchase terms are the terms that govern your use of the service and our supply to you. The law of England shall apply in any disputes.
5 Trademarks
All brand products that identify Nicholas Gentilli with this service remain with Nicholas Gentilli. Nothing in this contract deems that any of these marks are conferred on any third party by way of licence or right.
6 Copyright
Should you believe that copyright of your work has been infringed then you should contact me on [email protected] or at our registered address above in (1). You will need to provide us with the following information which we may forward to the alleged infringer:
a). identify the material on the service that you believe infringes your copyright so we may locate it on our service
b). provide your name address and telephone number
c). provide a statement that you have good faith that the disputed use is not authorised by the copyright owner, its agent or the law
d). provide a statement that (1) the information you have provided to us is accurate (11) you are the owner of the copyright interest or the owners agent
e). provide us with your physical or electronic signature
Upon receipt of a complaint so forwarded, Genie Imaging may remove the content. We may terminate the account of the member who appears to be infringing your intellectual property rights.
All rights and copyright is retained in this service and you the buyer of a print must not copy it or an infringement of artists copyright will have occurred.
7 Amendment
From time to time we reserve the right to amend these terms. If you are a registered member we will send notification to your email address that we last had. You will be deemed to have been notified of these changes if you continue to use the service.
8 Applicable law
These terms will be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these terms shall be subject to the non exclusive jurisdiction of the English courts.
9 General
These terms constitute the entirety of the contract between Nicholas Gentilli and you. All work is accepted on this basis. If one or multiple parts of this contract are not enforced by Nicholas Gentilli then this shall not waiver the rights of Nicholas Gentilli to enforce other parts of the contract. If a court should determine that one or more of the rights so contained in these terms is invalid, you agree that the remainder of the terms is enforceable.
10 Communication
If you should wish to communicate any comments regarding these terms with us then please contact us by email to [email protected]
11 Prices and taxes
All prices are stated in pounds sterling and are valid until altered by us. You will be responsible for any other charges (customs taxes, local import duty or other taxes) that may be locally levied upon receipt of your prints.
12 Registration
To register and use our site you must be 18 years of age or over. You agree to keep the information that you give us to register will be accurate and that you will endeavour to keep it accurate. It is especially important that your email address is kept up to date since this shall be the primary way that we will communicate with you.
13 Username and Password
When you register with us you will get a username and password. Since you will be responsible for all activities that occur under your password you will need to keep this confidential. You must notify us immediately if you believe that your password is no longer confidential. Nicholas Gentilli reserves the right to force you to change your password if we believe that it is no longer confidential.
14 Contract
There is no contract between you and Nicholas Gentilli until you have received an email confirmation of your order from us.
15 Delivery
Any dates specified for delivery are intended as an estimate only. Nicholas Gentilli shall not be liable for any damages arising out of late or non delivery or any consequential loss or damage caused as a result. As a working artist I am often away so please do not rely on a short term delivery deadline without checking with me first.
16 Returns
In accordance with the distance selling regulations you may return any purchase within 14 days of receipt for a full refund. Notice must be sent to us of your intention to return any item by email and you will need to have received an acknowledgement.
In the event that the prints are damaged or defective when you receive them, or do not match the description specified in the service, you will be entitled to return the prints to Nicholas Gentilli within 14 days of receipt by you. In these circumstances Nicholas Gentilli will provide a full refund or reprint together with the return of the postage price. In the event that the prints are returned and are deemed to be not faulty, then we will return them and charge you for the return postage.
17 Conduct
You must ensure that you do not use the supplied print for anything other than display in a non commercial way.
18 Control
Nicholas Gentilli has no control over the content of members’ accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
19 Suspension and Termination of Access and Membership
You agree that Nicholas Gentilli may terminate access at any time and refuse to accept your application to become a member of the service or move or suspend any part of the Service; or refuse to fulfil any order, or any part of any order or terminate your account and delete any content stored in your account if, in Nicholas Gentilli sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
20 Storage
Nicholas Gentilli does not accept any liability arising from storage of your bought items
21 Refunds & Returns
All work deemed unsatisfactory must be returned to us within 7 working days. We must be notified in writing by the client within 4 days of receipt of any discrepancy or non-compliance with the clients’ original order. Any packages that have been damaged in transport must be kept in their original packaging.
Should we need to refund money due to a client error, we reserve the right to charge a fee of £10.00 as an admin fee to refund money to a clients card due to their error or circumstances beyond our reasonable control. Naturally, in the event that Nicholas Gentilli makes an error, this fee will not be charged and a full refund will be due.
22. Export
We will export to other countries but the buyer will be responsible for all duties and taxes that may legitimately arise from such transactions that may be levied by the local customs officer. Nicholas Gentilli is not liable for any duties that may arise from sending work overseas. If work is returned and duties ar charged then we will need to charge these extra costs to you the customer.
23 Statutory rights
Nothing in this agreement affects your statutory rights as a consumer .
24 Service Termination
Nicholas Gentilli may terminate the service at any time and without notice.
Nicholas Gentilli >>[email protected]