Imaginary Realism Terms Of Use
These terms of service form a legally binding agreement that governs your use of imaginaryrealism.com and/or the products and services offered by Re-Art VOF Imaginary Realism (“Re-Art”), including those accessed through third party web sites (collectively, the “Services”). By using or accessing the Services, you agree to be bound by these terms of service.
1. Account
When registering, we provide you with an account to the Imaginary Realism website. You are responsible for keeping your account details confidential and you are responsible for all uses of your account, login and password, whether authorized by you or not. You agree to immediately notify Imaginary Realism of any unauthorized use of your account, login and/or password.
By registering, you represent and warrant that: (i) when you are acting as an individual, that you are over the age of 18, or are over the age of 16 and have obtained the consent of a legal guardian in connection with your use of the Services, (ii) when you are acting on behalf of a company or organization, that you are duly authorized to represent that company or organization in connection with your use of the Services.
2. Pricing and payment
The real price to pay and shipping costs are displayed in the cart. VAT and net prices are calculated on the basis of the total before tax.
Purchases can be paid with Visa, MasterCard, PayPal and any other payment options we may offer. Transaction processing is made at the time of placing an order.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3. Shipping
The products are delivered to the shipping address you provided during the ordering process. While we ship to most countries, if your country is not included on the list on the ordering page, it means we do not ship to your country. We reserve the right to split deliveries. A participation fee for processing and shipping will be charged for one shipment only. We cannot be held responsible for any consequences of late delivery. In the event of unusual delay, an email will be sent to you. The times indicated are average times and correspond to the time of treatment and delivery for products shipping in Europe. If split deliveries are processed, only the products shipped are charged.
4. Right of Return
In case you are not fully satisfied with the items you purchased via the Services, you may return them in the original packaging within 30 days of receiving them. The shipping costs of return are assumed by you.
5. Limited Rights
Unless indicated otherwise when purchasing items via the Services, you have only a limited right to display the items bought for personal, non-commercial use. In case you are buying the items as a company or organization, this includes the display of the items bought in general business areas accessible to the public.
Where the items purchased include digital copies, you may keep a reasonable number of back-up copies. You are yourself responsible for keeping such copies, and we are not responsible for the loss of works bought.
No other right, title or interest in any purchased content is transferred to you. More specifically, you may not reproduce (except as noted herein), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the items displayed and/or purchased via the Services.
6. Errors and Ommissions
Imaginary Realism maintains this website to offer information about its services in a general nature. No rights can be derived from the information. Our goal is to keep this information timely, accurate and complete. If errors are brought to our attention, we will try to correct them. However, Imaginary Realism accepts no responsibility or liability whatsoever with regard to the information on the Imaginary Realism site. The photographs and texts presenting the products are not binding.
7. Limited Liability
Our services, including the Imaginary Realism website, are provided “AS IS” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We do not warrant that the Imaginary Realism website will be available at all times.
Except where expressly stated above, Imaginary Realism disclaims any liability for any damages or injury that you may suffer as a result of your use of the Services.
The limitation of liability does not apply if and insofar the damages or injury is the result of intentional acts or omissions or gross negligence of Imaginary Realism. Imaginary Realism liability is limited in all events to the fees paid by you to Imaginary Realism pursuant to this agreement or EUR 100 (hundred), whichever is lower.
8. Indemnification
You agree to defend, fully and effectively indemnify and hold harmless on demand Imaginary Realism, its affiliates, and their respective directors, shareholders, officers, employees, agents, licensees, sub-licensees and assigns, from and against any and all third party claims (threatened or actual), demands, penalties, fines, taxes and insurance, actions, causes of action and liabilities, of any kind whatsoever, for damages, losses, costs and/or expenses (including reasonable external out-of-pocket legal fees and expenses) to the extent resulting from a breach by you of any of your obligations, representations or warranties contained in this agreement.
9. Other
We may change, limit or terminate the availability of the Services, in our sole discretion and any time. If we change our services or terms in a substantial way, we will notify you, giving you a reasonable time to review the changes before they become effective. If you continue using our services after the effective date, you are deemed to have accepted the changes.
Our failure to enforce any of the provisions of this agreement at any time, or the failure to require performance by you of any of the provisions of this agreement at any time, will in no way be construed to be a present or future waiver of such provisions.
If any term, condition, or provision in this agreement is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this agreement. If the parties fail to agree on such amendments, then such invalid term, condition, or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
A party shall not be obliged to perform any obligation if it is prevented from doing so by a situation of force majeure. Force majeure also includes a situation of force majeure of Imaginary Realism suppliers. Dutch law, with the exclusion of its conflict of laws rules and with express exclusion of the Vienna Convention on Contracts for the International Sale of Goods, governs this agreement, and parties agree to accept the exclusive personal jurisdiction and venue in the courts of Amsterdam, the Netherlands.
This version (1.0), Februari 2018.