INTRODUCTION
Ellen Sheidlin Studio ("Ellen Sheidlin Studio", "Company", "us", "we", "our") is an online art storefront operated by Planeta Aceletado Unipessoal Lda, located at R. Nova da Trindade 1, 3 Direito, 1200-443 Lisboa, Portugal. The platform offers limited art pieces produced by artist Ellen Sheidlin.
Any natural person or legal entity which uses the Ellen Sheidlin Studio Platform/Services (as defined hereunder) may be referred to in these Terms as the "User", "you", "yours".
These terms of use (the "Terms") make a contract entered into by and between you and Ellen Sheidlin Studio and govern access to our website https://sheidlina.com (the "Website", the "Platform"), our content, products, and services offered on our Platform, including but not limited to, processes of purchasing digital and physical art pieces (the "Services").
Ellen Sheidlin Studio sells digital and physical art pieces through limited-time art fairs and our online storefront. Artworks include a certificate of authenticity and are shipped via DHL.
PLEASE READ THESE TERMS CAREFULLY BEFORE ANY USE OF OUR PLATFORM OR SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS. BY ACCEPTING THESE TERMS ELECTRONICALLY (FOR EXAMPLE, BY CLICKING "I AGREE" OR SIMILAR WORDING), ACCESSING OUR PLATFORM, OR BY ANY OTHER WAY OF INTERACTING WITH OUR PLATFORM OR SERVICES, YOU AGREE TO BE BOUND
BY THESE TERMS AND ALL DOCUMENTS OR POLICIES MENTIONED HEREINAFTER. YOU CANNOT ACCEPT THESE TERMS IN PART. IF YOU DO NOT AGREE WITH ALL OR A PART OF THESE TERMS, YOU MUST NOT ACCESS OUR PLATFORM OR SERVICES.
We reserve the right to update these Terms at any time and without any prior notice at our sole discretion. By continuing to use our Platform or Services (in whatever form mentioned in these Terms), you agree to the revised Terms on the same conditions as you accepted them at the beginning.
1. DESCRIPTION OF SERVICES
The Ellen Sheidlin Studio Services allow Users to purchase limited art pieces produced by artist Ellen Sheidlin. Our Services include:
Browsing available artwork collections
Purchasing digital and physical art pieces
Receiving certificates of authenticity
Shipping of physical artwork via DHL
Due to the nature of our sales, all purchases are final and non-refundable.
Ellen Sheidlin Studio accepts no responsibility for any loss or damage that might be caused by any errors or failure of Platform/Services.
2. WHO MAY USE OUR PLATFORM AND SERVICES
You may use our Services only if you can form a binding contract with Ellen Sheidlin Studio.
You are not allowed to use or to have access to our Services/Platform if you are under the age of 18 or the legal age established under applicable laws for entering into binding contracts. If you are the parent or legal guardian of a child younger than 18 years of age (a "Minor"), you may allow such Minor to use the Services solely through your account and with your approval and oversight. You, as the Account holder, are responsible for all actions occurring through your Account, including all financial charges and legal liability associated with such Account, even if such charges or liability are incurred by a Minor. You agree to indemnify Ellen Sheidlin Studio for your Minor's violation or disaffirmation of the Terms.
Users are solely responsible for complying with all laws applicable to them.
3. ACCESSING THE PLATFORM AND SERVICES
You may start to use our Platform and Services by browsing our website and making purchases through our secure checkout process.
By using our Services, you guarantee that you fully accept and understand the following rules:
You will not share access to your account or any related data with any third party, unless expressly permitted by us
You are fully responsible for all activities involving your account on our Platform, even if they are carried out by third parties
You agree that Ellen Sheidlin Studio has no obligation to become involved in any proceedings that may occur between Users of the Platform or between Users and any third parties.
Ellen Sheidlin Studio does not accept responsibility for the availability of any content, products, services, offerings, or goods represented on the Platform.
4. TERMS OF SALE
Ellen Sheidlin Studio sells limited art pieces produced by artist Ellen Sheidlin. Customers are charged immediately upon purchase.
Due to the nature of our sales, all purchases are final and non-refundable. By proceeding with any transaction, you understand and agree to this no-refund policy.
Ellen Sheidlin Studio accepts no responsibility for any loss or damage that might be caused by any errors or failure of Platform/Services.
5. TAXES
Users are responsible for paying any taxes that apply to their transactions and for the economic outcomes of those transactions. Ellen Sheidlin Studio is not required to provide any taxation assistance to Users.
6. FEES AND SHIPPING
By carrying out any transactions with Ellen Sheidlin Studio, you agree to pay all applicable fees and shipping costs.
Shipping costs are calculated at checkout based on your location and the size/weight of the purchased items.
Ellen Sheidlin Studio reserves the right to change, at any time and at our sole discretion, the amount of fees and shipping costs.
7. PRIVACY POLICY
Before getting started, you should study our Privacy policy on our website. If you begin to use our Platform or Services, you are deemed to have accepted it as well.
8. USER'S LICENSE
Subject to these Terms, we grant you a limited, personal, non-sublicensable, non-exclusive, nontransferable and revocable license to access our Services. Using our Services does not give you rights to any intellectual property that forms a part of our Services or the content you access.
9. COPYRIGHT NOTICE
Unless otherwise stated by us, all content displayed on our Platform, including but not limited to, data, information, artwork, the Ellen Sheidlin Studio name, logo, and trademarks, is intellectual property of our Company and any use of it, fully or partly, without written permission of Ellen Sheidlin Studio is strictly prohibited.
Except as expressly authorized by us, you agree not to copy, frame, modify, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Service content, in whole or in part.
You cannot refer to the Ellen Sheidlin Studio (website, data, etc.) in order to make false representation that you are in any way related to the Company.
10. OUR LICENSE AND OUR AFFILIATES
You grant Ellen Sheidlin Studio and our affiliates a perpetual, non-exclusive, worldwide, sublicensable, free, transferable, license to display, distribute, and otherwise use your content for the following purposes:
Use any information you upload on our Platform or provide to us directly or indirectly for marketing, research, or any other purposes
11. THIRD PARTY RESOURCES
The Platform may include links to external resources over which we have no control. Interacting with such resources is at the User's own risk and we do not accept any responsibility for any data, services, content or its availability, as well as for any damage or loss which may occur as a result of such interaction.
12. PROHIBITED ACTIVITIES
The User may not access or use the Services for any purpose other than that for which Ellen Sheidlin Studio makes the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Ellen Sheidlin Studio.
By accessing or using the Services, the User further agree that the User is solely responsible for the User's conduct and the User shall not: engage in any defamatory, abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct
interfere with or disrupt the Services or the Ellen Sheidlin Studio business use or attempt to use another User's account without authorization
disparage, tarnish or otherwise harm the reputation or credibility of Ellen Sheidlin Studio use the Services in a manner inconsistent with the applicable laws or regulations commit acts against public order and morals
promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group
upload, post, email, transmit, distribute copies of or otherwise make available any unlawful, inappropriate, defamatory, obscene, vulgar, offensive, fraudulent, false, misleading, or deceptive content or message
13. TERMINATION
Ellen Sheidlin Studio reserves the right, at our sole discretion, to suspend/block/cancel access to our Platform and/or Services at any time without any notice or further explanation for any reason or without one. You agree that Ellen Sheidlin Studio will have no liability for any loss or damage that might occur because of these actions.
14. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
Ellen Sheidlin Studio FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF OUR SERVICES/PLATFORM IS AT YOUR OWN RISK.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT Ellen Sheidlin Studio WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE WEBSITE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF Ellen Sheidlin Studio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE Ellen Sheidlin Studio ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE WEBSITE, CONTENT, OR ANY
PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A)US$100 OR (B)THE AMOUNT YOU HAVE PAID TO Ellen Sheidlin Studio FOR THE SERVICES IN THE LAST THREE MONTHS OUT OF WHICH LIABILITY AROSE.
16. INDEMNIFICATION
By accessing or using our Platform or Services, you agree to indemnify, defend and hold harmless Ellen Sheidlin Studio and its officers, directors, employees, contractors and agents, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services and your violation of these Terms.
17. MISCELLANEOUS
SEVERABILITY. IF ANY PROVISION OF THESE TERMS IS HELD BY ANY COURT OR OTHER COMPETENT AUTHORITY TO BE INVALID OR UNENFORCEABLE IN WHOLE OR IN PART, THESE TERMS SHALL CONTINUE TO BE VALID AS TO ITS OTHER PROVISIONS AND THE REMAINDER OF THE AFFECTED PROVISION, UNLESS IT CAN BE CONCLUDED FROM THE CIRCUMSTANCES THAT, IN THE ABSENCE OF THE PROVISION FOUND TO BE NULL AND VOID, THE PARTIES WOULD NOT HAVE CONCLUDED THESE TERMS.
Entire agreement. These Terms set out the entire agreement between you and Ellen Sheidlin Studio. Neither party has entered into this Agreement in reliance upon any representation, warranty or undertaking of the other party that is not expressly set out or referred to in these Terms.
No assignment. You may not assign or transfer any of your rights or obligations assumed under these Terms or in any other way related thereto without our prior written consent.
No waiver. If you do not comply with these Terms, and we do not take action right away, this doesn't mean that we are waiving any rights that we may have (such as taking action in the future).
Survival. All the provisions of these Terms that by their nature extend beyond the termination of mutual legal relationship, including but not limited to dispute resolution and applicable law clauses, shall survive the termination of our mutual legal relationship.
Languages. These Terms and all the related documents may be translated into multiple language versions. In case of any discrepancies between the individual language versions the English language version shall always control.
18. FINAL PROVISIONS
The headings in this Terms are provided for reference only and shall not affect the interpretation or construction of any provision.
For any questions or concerns regarding our Terms, please contact our support team at support@sheidlina.com.
Any email notifications made hereunder shall be deemed to have been delivered to the Company at the time the Company confirms the delivery or the fifteenth (15) day after it has been delivered to the email address of the Company above, whichever occurs earlier.
These Terms are subject to periodic review and updates without prior notice to Users.
These Terms shall be interpreted by the Company.