Terms and conditions of sale
1. Scope and jurisdiction
a. The following terms and conditions of sale apply to all sales made by ‘Xogram’ (hereafter called Gustoimages Ltd). These terms and conditions of sale are considered as accepted with receipt of you order or at the latest with the payment. Oral agreements or references to the terms and conditions of sale of a customer/client will not in any case be accepted herewith.
b. Place of jurisdiction of Gustoimages Ltd is in London, UK.
2. Notice in regard to product documentation
a. Under no circumstances does Gustoimages Ltd allow the making of electronic or mechanical copies of imagery. This also applies, in extracts, to reproductions.
3. Prices and terms of payment
a. All prices, if not explicitly marked otherwise, do NOT include value added tax and are subject to UK value added tax if the customer/client resides in an EEC member country and does not or can not provide a valid VAT number.
b. All receivables are due upon issue of an invoice and are due within 14 days from date of sale, unless they have already been debited via a valid credit card.
c. In case of late payment or debit entry Gustoimages Ltd reserves the right to charge interest in the height of 5% p.a. of the net sale value. This interest rate is based on the basic interest rate of the European Central Bank (ECB) according to article 1.
d. The customer/client automatically comes into default if he does not respect the legal requirements of payment within 30 days after receipt of the invoice.
4. Refund policy
a. The customer/client has the right to obtain a refund within 14 days from the date of sale, which is in accordance with UK law. The customer must request this in formal, written manner. If the sale price does have to be refunded by us, a 10% administration fee will be deducted from the sale price. The amount can only be refunded via PayPal by us.
b. The customer/client must return the damaged or rejected print, in order to qualify for a refund.
5. Delivery dates for goods and services
a. All delivery terms apply only under reserve. Gustoimages Ltd will no take over any responsibility for abidance of stated delivery deadlines, especially when third parties are involved in delivery (e.g. UK Post or UPS etc.).
b. In case of delivery delays due to force majeure or difficult conditions in regard to delivery like business disruption, strikes, material acquisition problems, official directives and similar, Gustoimages Ltd cannot be held responsible. Gustoimages Ltd reserves the right to delay the delivery accordingly as well as reasonable additional respite, which normally would not exceed 14 days.
c. In case of a specific modifications this may in some cases be longer and Gustoimages Ltd will in this case not be liable for arrears in delivery, unless a specific delivery date was defined previously. The customer/client has a right to indemnity of maximum 5% of the sale price if Gustoimages Ltd fails to deliver within the agreed time span. All other forms of indemnity will not be acknowledged.
6. Warranty and liability
a. The image prints are sold "as they are", without guarantee in regard to colours and fading or other guarantees.
b. The customer/client has the right to demand a rectification of defects in case of individual modifications under the condition that a special declaration of intent for specific product features has been made.
c. Gustoimages Ltd will not be liable for claims in regard to defects of any nature.
7. Framing and handling prints - it is important to consider the following:
a. Lighting - Too much direct light whether artificial or sunlight on to the surface of a print will inevitably change original colours and cause fading to occur. Conservatories and very bright rooms are not suitable for hanging prints.
b. Humidity - Prints can suffer damage in overly humid conditions. Water may cause an uneven print surface and discoloration to occur. For this reason we would not recommend that prints are hung in bathrooms and, in some cases, kitchens.
c. Heat - Prints should not be hung directly above radiators or in direct sunlight.
d. Giclee prints must NOT be handled without the use of the cotton gloves provided. The prints WILL mark if handled. They must also not be sealed e.g. by laminating. Framing is fine as long as the surface of the print is not in contact with the glass.
e. We recommend the use of UV resistant glass (non-shatter) as this will block out harmful light rays and further protect the print from breakage. Always ensure that there is an air gap between the print surface and the glass, as failure to do so will lead to humidity pockets on the surface of the print. Check that the glass does not have a strong tint, as this will change the appearance of the print.
f. When choosing a mount board, ask for acid free framing mount materials. Non-professional materials have high acidity levels, which over time will damage the print.
Adhesives: ask for acid free framing tape. Do not use standard sticky tape, blu tack or masking tape as they may leave marks and damage the print with high acidity levels.
8. Reservation of title
a. The delivered print remains property of Gustoimages Ltd, until all account receivable have been settled in full. This right remains unchanged even in regard to third party claims.
b. In case of non settlement of accounts receivable Gustoimages Ltd reserves the right to terminate or withhold access to the product.
9. Patents and copyrights
a. The right of ownership and copyright for all Gustoimages Ltd images lies solely by Gustoimages Ltd. This ownership and copyright also includes all related product files.
b. The images are copyrighted by international law. The customer/client must there handle the product like any other copyright protected material.
c. The customer/client is required to report any violation of copyright and/or ownership in written form as soon as such information becomes know to him.
d. You may not scan, duplicate, copy, publish, or otherwise utilize the image in any manner.
10. General terms
a. If any of the above terms are not valid or can be challenged, then all remaining terms are not affected by such. Changes or oral agreements require written confirmation.
b. The laws of UK apply in all cases. The application of the United Nations Convention on Contracts for the International Sale of Goods – CISG does not apply. In case of queries in relation to these terms and conditions of sale contact:
Registered Company Address:
Gustoimages Ltd, Lynton House, 7-12 Tavistock Square, London, WC1H 9BQ - Company No. 3799223 VAT: 740 3399 38
Institute: The British Institute of Radiology,
48-50 St John Street London EC1M 4DG
D&B D-U-N-S® Number: 238068022
For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at www.x-rayartist.com or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
II. INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, address and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
III. HOW WE USE AND SHARE INFORMATION
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
IV. HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
V. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
VII. LINKS TO OTHER WEBSITES
VIII. AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
X. MERGER OR ACQUISITION
XI. EMAIL COMMUNICATIONS & OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
XII. CONTACT US & WITHDRAWING CONSENT