Legal Terms and Conditions

1. TERMS AND CONDITIONS. ACCEPTANCE

We welcome you to 525 ART website. The services rendered by 525 ART in its website are subject to the following Terms and Conditions (“the Terms and Conditions”),which may be updated by us from time to time, optionally and without previous notice to you. Please read them carefully. In addition to the Terms and Conditions, when you (also called “the Client” whenever applicable) use any particular service rendered by 525 ART, you shall be subject to all the specific terms and conditions or contracts thereof. 525 ART may offer you other services from time to time, which shall be governed by different and specific Terms and Conditions, which you accept.

When having access, using, navigating or buying in this website, you fully accept and agree that you have read and understood these Terms and Conditions and that you accept to be bound by them and to abide by all applicable provisions, regulations and laws. Should you not accept any of the provisions in these Terms and Conditions, please do not use this website.

2. DESCRIPTION OF THE SERVICE

When having access to www.525art.com website, the user agrees to connect himself with 525 ART for the whole of the articles hereof.

525 ART is a limited liability company, organized under the laws of Uruguay, with domicile in Rincón 487, Office 209, Montevideo, Uruguay.

525 ART offers its users who have access to the website a variety of on line resources, including communication tools, on-line purchase services, and personalized contents (the “Service”). Unless specifically stated otherwise, all new developments increasing or extending the present Service, including the launch of new applications of the 525 ART website, shall be subject to these TERMS AND CONDITIONS. You understand and accept that the Service is supplied “as is”, and that 525 ART does not undertake any responsibility or risk on account of the time, termination, non delivery or failure in the storing of any communications or personalizations of any user

In order to use the Service, you must have access to the Internet, either directly or through access devices contained in the web, and pay the service fees related to such access. Additionally, you must, at your expense, possess the necessary equipment to obtain such connection to the Internet, including a computer and a modem or another access device. Should 525 ART offer services requiring capacity to enter into contracts, you must be the age and have the legal capacity required in your jurisdiction to have access to said services and enter into contracts with 525 ART.

3. CHARACTERISTICS OF THE SERVICES PROVIDED

525 ART provides in its site a description of the main characteristics of the goods and services offered. Such descriptions are whenever proper and possible accompanied by photographs illustrating the product. 525 ART requests the Client to read these descriptions carefully.

Unless indicated, 525 ART does not limit the geographical territory in which products and services are offered for sale. The Client accepts that he shall receive the services as offered by 525 ART. The Client accepts that the photographs of products in this website are provided only for information purposes. Differences may exist between the photograph and the actual product, on account of the image processing used in the different software and/or calibration of the monitors where the image is seen. For example, these may differ from the original in the tone of the color of the objects shown.

4. OBLIGATIONS

Upon the Client requesting the purchase of a product or the hiring of a service, he is irreversibly bound by such request. The Client may not renounce such obligation, except in the case of article 8 below.

5. PRICES

Unless provided otherwise, prices are stated in U.S. dollars. If the products are delivered outside the Uruguayan territory, the fiscal jurisdiction of the country of destination may demand the payment of import duties or other taxes levied on the goods that shall be exclusively borne by the Client, which the Client knows and accepts. The Client is responsible for the confirmation of the possibility to import the product into his country. In all instances, the Client knows, accepts and binds himself to pay the price of the work, plus consignment charges (to be made via courier, although another supplier may be used, upon 525 ART’s exclusive decision and without previous notice), plus the cost of packing and insurance (the cost of packing may change according to the size and weight of the work). The Client will be informed of the final amount before payment. The Client when selecting the method of payment for his purchase, shall be in possession of all the information concerning the expenses involved, less the import duties, taxes, assessments, etc. that might correspond to the fiscal jurisdiction of the country of destination, which are not within 525 ART’s sphere of responsibility.

525 ART reserves the right to change its prices at any time, but undertakes to keep the price indicated to the Client when placing his order.

6. CONFIRMATION OF THE ORDER

525 ART shall confirm each order from the Client by e-mail. The titles of the works, names of artists, general characteristics of the works, the entire amount of the order and the manner of payment shall be included in such confirmation.

7. EVIDENCE

Copies of this information shall be stored in the offices of 525 ART and shall be considered evidence of the contracts, in terms of contents and date of the transaction.

8. PERIOD FOR CONSIDERATION

The Client is given a 5-workday term as from the time he receives the goods or services (such time to be considered as from the time stated in the delivery receipt of the courier service hired by 525 ART) to return them on any account. 525 ART shall refund the payment made by the Client within 30 days following the receipt of the supplied goods, which are to be returned in the same original condition. The cost of consignment, return, handling, packing and insurance shall be borne by the Client, the return to be made in and with the same packing and courier service used by 525 ART.

9. DELIVERY OF GOODS AND SERVICES

Upon the Client’s payment of the goods and/or services, and the receipt by 525 ART of the confirmation of payment according to the manner of payment chosen, as indicated below, 525 ART shall deliver the goods and/or render the services according to the agreement made at the time of the purchase. Unless otherwise expressly stated, the work shall be delivered at the address supplied by the Client at the time of placing the order. The Client shall assume the risk as from the time the merchandise requested shall leave the premises of 525 ART. The courier service shall get in touch with the Client so as to coordinate the delivery in the country of destination, if applicable.

10. PAYMENT

For each order, the following forms of payment are available to the Client:

- Bank transfer;
- Western Union®
- PayPal®

-Bank transfer
The Client may make his payment by means of a bank transfer to an account whose number is to be provided by 525 ART. The Client shall indicate this option for payment, and must fill in his personal details online. The Client shall receive an automatic e-mail message with directions concerning the manner to make the transfer. As from the date of that mail, the Client has 48 working hours to make the corresponding transfer and carry out such proceedings with his bank; and upon the confirmation by 525 ART of his transfer (SWIFT receipt copy), 525 ART shall confirm the receipt of payment to the Client, and shall send the work. Bank transfer commissions to be collected by the bank of origin shall be exclusively paid by the Client.
If after the 48-hour term the Client has to make the transfer, calculated as from the date he received the automatic e-mail with the instructions to make the transfer, the transfer has not been made, 525 ART shall be entitled to cancel the reservation forthwith.

-2 Western Union®
The Client may make his payment by transfer through Western Union®. The Client must state this option for payment, and shall fill in his personal details online. The Client shall receive an automatic e-mail from 525 ART with directions on the manner the transfer is to be made. In this case he shall have to go to the nearest Western Union branch office, which shall give him a receipt with a money transfer control number that the Client is to forward to 525 ART to confirm his payment. Upon receipt by 525 ART of Western Union’s confirmation that the transfer was made to our name, 525 ART shall acknowledge receipt of the sum to the Client and shall send him the work.
If after the 48-hour term the Client has to make the transfer, calculated as from the date he received the automatic e-mail with the instructions to make the transfer, the transfer has not been made, 525 ART shall be entitled to cancel the reservation forthwith.

-3 PayPal®
PayPal® is an international system that manages the usual credit cards. The Client must fill in his description (if he is not already registered) and make his payment according to the terms and conditions established by PayPal®. When PayPal® sends 525 ART its approval of the transaction, 525 ART shall confirm the receipt of the Client’s payment and shall send him the work.

The Client states that he has been duly authorized to use the means of payment chosen.

11. ORDERS

525 ART accepts the Client’s orders within the terms stated in these terms and conditions.

When confirming the order, the Client shall state and accept he is perfectly aware of the General Conditions of the contract, available to him on this website, and shall accept them thoroughly.

12. CLIENT´S DUTY TO REGISTER ON THE WEBSITE

525 ART shall be authorized to request personal description from the user, such as address, e-mail and banking information, in order to facilitate the management of his account and improve its services.

In consideration for your use of the Service, You agree to: (a) provide true, accurate, current and complete information about you when requested in the registration form of the Service (such information being the “Registration Information”), and (b) keep such true, accurate, current and complete Registration Information updated. Should you provide untrue, inaccurate, outdated or incomplete information, 525 ART shall be entitled, entirely at its option, to suspend or terminate your account and refuse to render any and all Services (or a part thereof) at present or in future.

You may receive a password or digital signature when completing the registration procedure in 525 ART’s website. You are responsible for keeping such password, digital signature and account confidential, and are fully responsible for any and all activities performed under such password, digital signature or account. You are to bind yourself to report to 525 ART any unauthorized use of your password, digital signature or account, as well as any other violation of security, and to make sure that you exit your account at the end of each session. 525 ART shall not be liable for any loss, damage or prejudice deriving from the non-compliance with these provisions.

13. 525 ART’S PRIVACY POLICY

The Registration Information and any other information concerning you are subject to our Privacy Policy. For further and full information on this topic, you may see our Privacy Policy on our website.

14. MATERIALS IN OUR WEBSITE

The contents of our website are not meant for minors. Said contents include a wide variety of works of art and visual works, and may include graphic or literary materials that some persons might deem offensive, just like the access to some articles that should not be in the hands of children or minors. It is your responsibility to determine if you allow a child or a minor to use the computer, if the access to any of its services, contents or materials shown on the website are not fit for your child, and consequently control the child’s use of the computer. Should you find any of the above-mentioned contents of such kind offensive or inconvenient, you should refrain from using our website.

15. COPYRIGHT

The contents of our website, such as text, graphics, images, audio, video, data, codes, computer programs and other materials (the “Material” or “Materials”) are protected by the legislation on copyright, both international and Uruguayan and of other countries, and are owned by 525 ART or by third parties who have authorized the inclusion thereof on the website. 525 ART authorizes you to see and unload a sole copy of the Material only for personal, non commercial, use. All rights on Materials not expressly granted to you are reserved. Neither their availability on a website nor any other thing herein mentioned shall be interpreted as granting you a license under any of 525 ART’s Intellectual Property rights or those of any third party.

The non authorized use of the Materials may infringe copyrights, trademarks or other rights. You cannot sell or prepare works deriving from the Materials or change them (including, by way of information, summaries of the Materials or reduced size images –“thumbnails”- of any images of the Materials), or reproduce, communicate or publicly exhibit or perform, distribute or in any wise use the Materials or a part thereof on any other website, in any publication, data base, catalogue, compilation or in a computer network for any other purpose other than navigating on a website, which is expressly forbidden, without the previous consent in writing by 525 ART. Some of the materials may have watermarks indicating their origin and ownership. You agree not to remove, disable, modify, alter, darken or otherwise handle said watermarks. It is forbidden to use 525 ART´s trademarks or other intelectual property without the previous consent in writing by 525 ART.

When sending communications (including those containing graphic elements or multimedia) to any area or destination on our website, you are automatically granting 525 ART a license free from royalties, irrevocable and perpetual, non exclusive, to use, reproduce, modify, publish, edit, translate, distribute, publicly perform and show the communication and whatever trademarks, names or images in it, either by themselves or as a part of compilations or other works in any form and manner, support or technology, either known or to be developed in future, and authorize to sub-license said rights through many licensee levels. Provisions conferring similar rights to 525 ART may be applicable under separate agreements, terms or conditions as regards other materials supplied outside the website public area.

16. SPECIAL RECOMMENDATIONS FOR INTERNAL USE

Acknowledging Internet´s global nature, you agree to abide by all rules, local, state, federal and international, related to the conduct online and the acceptable contents.

17. INDEMNITY

You agree to free, indemnify and release 525 ART and its subsidiaries., affiliates, officers, agents, co-owners or other partners from any liability, claim or demand, including reasonable lawyer’s fees, third party actions on account of any Content you should supply (particularly including your failure to inform or disclose to 525 ART any limitation by 525 ART to use such Content), publish, transfer or render accessible through the Service, or of the use you make of the Service, or your connection with the Service, your infringement of the TERMS AND CONDITIONS, or your violation of any third party rights.

18. NO RE-SALE OF THE SERVICE

You agree not to reproduce, duplicate, copy, sell, re-sell or exploit with business purposes any part of the Service, of the use of the Service and/or access to the Service.

19. MODIFICATIONS TO THE SERVICE

525 ART reserves the right, at any time and from time to time, to modify or suspend, temporarily or permanently, the Service (or a part of it) with or without any previous notice. You accept that under no circumstances shall 525 ART be liable to you or to third parties for any modification or suspension of the Service.

20. TERMINATION

You accept that 525 ART, at its sole discretion, may terminate your password, account (or any part thereof) or the use of the Service, and remove and discard any Contents within the Service, for one reason or another, including, without any limitation, non-use, or if 525 ART believes that you have violated or acted contrarily to the word or spirit of the TERMS AND CONDITIONS. 525 ART may also, at its sole and exclusive discretion and at any time, discontinue the Service, or a part thereof, with or without any previous notice. You accept that any termination of your access to the Service under these TERMS AND CONDITIONS may be effected without any previous notice, and acknowledge and accept that 525 ART may immediately deactivate or eliminate your account and all related information and files on your account and/or prevent any new access to such files or to the Service. Besides, you accept that 525 ART shall not be liable to you or to third parties for the termination of your access to the Service.

21. LINKS

The Service may supply, or third parties may bring about, links to other sites or resources in Internet. As 525 ART has no control over such sites or resources, you acknowledge and accept that 525 ART is not liable for the availability of such sites or external resources, and does not approve of and is not liable for any Contents, publicity, products or other materials that may be found or available through such other sites or resources. Besides, you acknowledge and accept that 525 ART shall not be liable, directly or indirectly, for any damage, caused or alleged as a result of or in connection with the use or support, in any such Contents, goods or services available in or through such site or resource.

22. PROPRIETARY RIGHTS OF 525 ART

You acknowledge and accept that the Service and any computer program used in connection with the Service (“software”) contain proprietary and confidential information protected by applicable or other intellectual property legislation. You also acknowledge and accept that the Contents found in your sponsored publicity or information presented to you through the Service or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights or laws. Except as otherwise authorized in writing by 525 ART or the advertisers, you accept not to modify or lease, lend, sell, distribute or create derived works based on the Service or on the software, in part or in whole.

525 ART confers on you a personal right, non transferable and non exclusive and a license to use the code which is the object of its software in a sole computer, provided that you (or a third party authorized by you) do not copy, modify, create a derived work, do reverse engineering, reverse assembly or in any wise should try to discover any source code, or sell, assign, sub-license, grant any guarantee on the software or in any way transfer any right on the software. You agree not to modify the software in any wise, and not to use modified versions of such software, including, without limitation, the use to obtain non authorized access to the Service. You accept not to have access to the Service other than through the inter-phase supplied by 525 ART to be used to gain access to the Service.

23. WAIVER OF GUARANTEES

YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT:
a- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS SUPPLIED ON THE BASIS THAT IT IS RENDERED “AS IS”, AND “AS AVAILABLE”. 525 ART EXPRESSLY WAIVES ANY GUARANTEE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED GUARANTIES OF COMMERCIALIZATION, ADAPTABILITY TO THE SPECIFIC OBJECT AND NON INFRINGEMENT OR DEFAULT.
b- 525 ART DOES NOT GUARANTEE THAT (i) THE SERVICE SHALL FULFILL ITS COMMITMENTS, (ii) IT SHALL NOT BE INTERRUPTED, OR THAT IT SHALL BE PROPER, SAFE OR FREE FROM ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED SHALL BE ACCURATE AND RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE SHALL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE SOFTWARE SHALL BE CORRECTED.
c- ANY MATERIAL DOWNLOADED OR IN ANY WISE OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR ENTIRE DISCRETION AND RISK, AND YOU SHALL BE THE SOLE PERSON LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR THE LOSS OF DATA RESULTING FROM THE DOWNLOADING OF ANY MATERIAL.
d- NO ADVICE OR MATERIAL, EITHER VERBAL OR WRITTEN, SHALL CREATE ANY GUARANTEE NOT EXPRESSLY CONTAINED IN THE TERMS AND CONDITIONS.

24. LIMITATION OF LIABILITY

YOU UNDERSTAND AND EXPRESSLY ACCEPT THAT 525 ART SHALL NOT BE LIABLE FOR DAMAGES, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 525 ART HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (i) THE USE OR THE IMPOSSIBILITY TO USE THE SERVICE; (ii) THE COST OF SUBSTITUTE GOODS AND SERVICES, ARISING FROM ANY GOODS, DATA,INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS MADE THROUGH THE SERVICE; (iii) THE UNAUTHORIZED ACCESS OR THE ALTERATION OR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OR ANY THIRD PARTY IN THE SERVICE, AND/OR ANY OTHER MATTERS CONNECTED WITH THE SERVICE.

25. NOTIFICATIONS

Notifications may be sent to you either by e-mail or ordinary mail. The Service can also serve notifications on you about changes in the TERMS AND CONDITIONS or other topics generally displaying notices or links with notices in the Service. Notifications you may send us must be sent by means of an authentic means of communication, including acknowledgment of receipt.

26. INFORMATION ABOUT TRADEMARKS

The name 525 ART, 525 ART’s logo and all its other logos and names of products and services are trademarks owned by 525 ART (collectively, “525 ART’s Trademarks”)- You agree not to reproduce or use in any wise 525 ART’s Trademarks without the previous consent in writing by 525 ART.

27. COPYRIGHTS AND COPYRIGHT AGENTS

525 ART respects third parties’ intellectual property and we request from our users to do so as well. If you believe that your work has been copied infringing your copyrights, please send the following information to 525 ART’s Copyright Agent:
- an e-signature or physical signature of the person authorized to act on behalf of the holder of the copyright
- a description of the work protected by the copyright you allege has been infringed;
- a description of the place where the material you claim has infringed your copyright is to be found on the site;
- your address, phone number and e-address
- a statement on the fact that you in good faith believe that the questioned use is not authorized by the holder of the copyright, his agent or the law;
- a statement made by you, under the penalty of perjury, that the previous information supplied in your Notification is accurate, and that you are the holder of the copyright or are authorized to act on behalf of the holder of such copyright.

28. GENERAL INFORMATION

These TERMS AND CONDITIONS are the whole contract entered into by you and 525 ART that governs your use of the Service, substituting for any other previous contracts made between you and 525 ART. You can also be subject to additional terms and conditions that may be applicable when you use affiliated services, or third parties’ contents or software. The TERMS AND CONDITIONS and the relationship between you and 525 ART shall be governed by the laws of the Oriental Republic of Uruguay. You and 525 ART agree to submit to the personal and exclusive jurisdiction of the courts of Montevideo, Uruguay. 525 ART’s failure to exercise or act upon its rights or the provisions of the TERMS AND CONDITIONS shall not imply a waiver thereof. Should a competent court declare any provision of the TERMS AND CONDITIONS null and void, the parties agree that the court shall endeavor to carry the parties’ intentions into effect as shown in such provision, and the remaining provisions of the TERMS AND CONDITIONS shall continue to be in full force. You accept that notwithstanding any provision to the contrary, any complaint or cause of action arising from or connected with the use of the Service or the TERMS AND CONDITIONS must be filed within one (1) year as from the occurrence of the event leading to such complaint or cause of action, or else shall be deemed to have been excluded for ever. The headings of the sections of the TERMS AND CONDITIONS have been added only for convenience’s sake and have no legal or contractual effect whatsoever.