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TERMS AND CONDITIONS

Welcome to SYLVAINBOTT!

These are the terms and conditions for:

• http://sylvainbott.com

The following terms and conditions apply to the website, products and services offered by SYLVAINBOTT. This includes the mobile and tablet versions as well as any other version of SYLVAINBOTT accessible via desktop, mobile, tablet, social media or other devices.

By using the website and purchasing our products, you agree to be bound by these terms and conditions, the privacy policy, the cookie policy, the shipping policy and the refund policy. In these terms and conditions, the words "website" refers to SYLVAINBOTT website, "we", "us", "our", and "SYLVAINBOTT" refers to SYLVAINBOTT, and "user", “customer”, "you", and “your" refers to you, the user and customer of SYLVAINBOTT.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS. 

1. ELIGIBILITY

You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

Access to the website and purchase of products are available to all ages. It is the responsibility of parents or legal guardians to determine whether the content and products are appropriate for their children or minors in their care.  

By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.

You represent and warrant that your use of the website does not violate any applicable law or regulation. SYLVAINBOTT may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

2. NOTIFICATIONS AND NEWSLETTER

By providing SYLVAINBOTT with your email address and phone number, you agree that we may use your email address to send you notifications about the status of your order, important communications about our services or products, news and special content. If you do not wish to receive these emails or SMS messages, you may opt out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. This option may prevent you from receiving emails or messages about updates to your order, news or special offers on our products.

3. ACCOUNT 

Users can register and open an account on the website. You are responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify SYLVAINBOTT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without SYLVAINBOTT's prior authorization. SYLVAINBOTT will not be liable for any loss or damage arising from your failure to comply with this agreement.

Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to SYLVAINBOTT.

SYLVAINBOTT reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if SYLVAINBOTT believes that you have violated any of these terms and conditions.

4. ORDERS

SYLVAINBOTT offers the following products:

• Original works of art
• Limited and open print editions,
• Private commissions for our clients. 

To purchase original artwork and print editions, both limited and open editions, customers must place their orders directly through our website. Our online purchasing system is secure and designed to provide a smooth and efficient user experience, allowing customers to select and purchase their preferred artwork with ease.

As for private commissions, these are handled on a more personalized basis to ensure that the end result meets the client's exact specifications. Engaging these services begins with an introductory meeting, which can be conducted in person or via video call through Zoom, to discuss the details of the project and the client's expectations. Subsequently, a contract must be signed by both parties before any work can begin.

Lead times for private commissions are approximately 4 weeks from contract acceptance. During this period, the client will receive three updates on the progress of their work, providing an equal number of opportunities to provide feedback and ensure that the work meets their wishes. Regarding payment, 50% of the total amount is required as an initial deposit to start the work, and the remaining 50% must be paid prior to shipment of the finished work. In case the client decides to cancel the order after the process has started, a cancellation fee of 70% of the total price of the project will be applied.

At SYLVAINBOTT, we understand the importance of clarity and transparency in all our transactions. As such, we encourage our clients to carefully review all terms and conditions prior to placing any order to ensure that they fully understand the processes and requirements associated with the purchase of our exclusive artwork.

We strive to ensure that each customer's experience is exceptional, from selection to receipt of their artwork. We are available to answer any questions or concerns that may arise during the ordering process. 

5. ACCURACY OF INFORMATION

It is the customers' obligation to provide accurate, current and detailed information when placing an order. Providing information that is misleading, false or incomplete may result in adverse situations, including, but not limited to, financial loss, damage to products or incurring extra costs. Customers shall assume full responsibility for any negative consequences, whether loss, damage or additional costs, arising as a result of providing erroneous, outdated or incomplete information, as well as for failure to update their data within a reasonable period of time.

6. PRICES

SYLVAINBOTT reserves the right to determine the price of our products. Product pricing will be available on each product page on the website. The price of the products is subject to change at any time without notice.

During the checkout process and before shipping the order, customers are informed of the fees, taxes and costs they will be charged. Prices on the website are shown excluding applicable fees, taxes and charges.

SYLVAINBOTT will use reasonable efforts to keep the pricing information posted on the website up to date. We encourage you to periodically check our website for updated pricing information.

We will always try to keep the prices on the website accurate. However, from time to time some pricing errors may occur, including but not limited to human, mechanical or similar errors. If a pricing error is discovered, the customer will be informed of the error. The user will be given the option to reconfirm the order at the correct price. The user also has the option to cancel the order in the event that he/she is not satisfied with the correct price communicated in the order for that product.

7. PAYMENTS

For purchases made through our website, including original artwork and print editions, both limited and open editions, clients may choose to use any of our online payment methods. We accept credit and debit cards from all major credit and debit card companies, including Visa, Mastercard, Discover, American Express and Diners. In addition, we offer the option to make payments via PayPal, which allows for a fast and secure transaction without the need to share sensitive financial information directly with our website.

On the other hand, for private commissions, which require a more customized contracting and payment process as stipulated in the commission agreement, we provide offline payment methods. These include cash payment, for clients who prefer a direct and personal transaction, and bank transfer, which is ideal for those who wish to make secure payments without the need for face-to-face meetings. These methods ensure flexibility and convenience for the client, allowing them to adjust to various circumstances and preferences.

At SYLVAINBOTT, we are committed to ensuring that every transaction is handled with the utmost care and professionalism. Our payment systems are designed to protect our clients' personal and financial information, and we have high-level security protocols in place to prevent unauthorized access and guarantee the integrity of each payment.

8. PRODUCT DESCRIPTIONS

SYLVAINBOTT attempts to be as accurate as possible. However, SYLVAINBOTT does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user's device screen.

9. DISCOUNT CODES

You can only use one discount code per order. SYLVAINBOTT reserves the right to refuse or cancel any order where multiple discount codes are added to the shopping cart. The use of discount codes is subject to the specific terms and conditions under which they were issued, which may include eligibility requirements and a maximum or minimum order value. In the event of a conflict between the terms and conditions of a promotion and these terms and conditions, the terms and conditions of the promotion will prevail.

10. PROMOTIONS AND SWEEPSTAKES

From time to time, SYLVAINBOTT may offer its users and customers the opportunity to participate in sweepstakes or other promotions. You may not transfer, assign, sell, trade, exchange or barter any prize or other benefit received through a sweepstakes or promotion. 

Any prize or other benefit is provided "as is" without any express or implied warranty by us, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

SYLVAINBOTT reserves the right to modify, terminate or suspend the availability of sweepstakes and promotions and to correct errors or inconsistencies in materials related to sweepstakes and promotions. 

SYLVAINBOTT may disqualify any person who tampers with any promotion. It is important to note that any attempt to deliberately undermine the legitimate operation of a promotion or sweepstakes is a violation of criminal and civil laws, and SYLVAINBOTT reserves the right to seek damages from such persons to the fullest extent permitted by law.

By entering a promotion or sweepstakes, you agree to submit to our decisions, which are final and binding in all matters relating to the promotion or sweepstakes. Promotions and sweepstakes are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where prohibited, restricted or taxable.

By participating in a promotion or sweepstakes, you agree to hold SYLVAINBOTT harmless from any liability, loss or damage arising out of or related to your participation in any activity related to the promotion or sweepstakes or the receipt, use or misuse of any prize you may receive.

11. RETENTION OF TITLE CLAUSE

The products offered by SYLVAINBOTT shall remain the property of SYLVAINBOTT until full payment has been received for all amounts due in respect of the products and the corresponding order. This reservation of title clause applies to all orders and is acknowledged by the customer at the time of purchase.  

12. RIGHT OF WITHDRAWAL

12.1 Description of the Right of Withdrawal: The right of withdrawal allows consumers in the European Union to cancel an online purchase within 14 days of receipt of the product without having to justify their decision. This right applies to most of the products purchased, except in the cases indicated in the exclusion section.

12.2. How to Exercise the Right of Withdrawal: To exercise this right, the consumer must inform us of his decision to withdraw from the contract by means of an unequivocal statement. This can be done by sending an email or by using the withdrawal form provided at the end of this policy. The notification must be made within the 14-day period mentioned above.

12.3 Consequences of Withdrawal: After exercising the right of withdrawal, we will refund all payments received, including standard shipping costs, no later than 14 days from the day on which we are informed of your decision to withdraw from the contract. We will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise. The refund may be withheld until we have received the goods back or until proof of their return is provided, whichever occurs first.

12.4. Exclusion of the Right of Withdrawal: The right of withdrawal does not apply in certain cases, including the following: custom-made or personalized goods, perishable goods, and digital content not supplied on a tangible medium if performance has begun with the consumer's prior consent and acknowledgement that he will lose his right of withdrawal.

12.5. Return of goods: The consumer must comply with the following requirements when returning the goods when exercising his right of withdrawal:

• The direct costs of returning the goods shall be borne by the consumer.
• The consumer shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
• The consumer must return or directly deliver the goods without undue delay and in any event no later than 14 days from the day on which he communicates his withdrawal from the contract to us.

13. LIMITATION OF LIABILITY

SYLVAINBOTT shall not be liable for indirect, incidental, special, consequential or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

In addition, SYLVAINBOTT declares that all artwork and products offered on the site are subject to availability and may vary slightly in color, dimensions and details from the descriptions or images presented on the website. SYLVAINBOTT endeavors to ensure the accuracy of such descriptions and images, but cannot guarantee absolute accuracy. Accordingly, SYLVAINBOTT assumes no responsibility for any errors or omissions in the content of the site.

Customer acknowledges and agrees that transactions made through the SYLVAINBOTT website are limited to quantities available in inventory and that any order is subject to confirmation of such inventory. SYLVAINBOTT shall not be liable for the inability to supply a product because it is out of stock or discontinued.

In no event shall SYLVAINBOTT's total liability for all claims related to the services exceed the amount you have paid to SYLVAINBOTT for the services during the twelve-month period prior to the cause of action.

SYLVAINBOTT assumes no liability for delays, failures, interruptions or damages resulting from causes beyond its reasonable control, including, but not limited to, acts of war, hostilities, governmental acts, natural disasters, strikes or other labor difficulties, or failure of communications networks or infrastructure.

This limitation of liability is a fundamental part of the agreement between SYLVAINBOTT and the customer, and shall apply to the fullest extent permitted by law in the applicable jurisdiction.

14. COPYRIGHT

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by SYLVAINBOTT or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without SYLVAINBOTT prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize SYLVAINBOTT or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

15. COPYRIGHT COMPLAINTS 

SYLVAINBOTT will respond to all inquiries, complaints and claims related to alleged infringement by breach or violation of the provisions contained in European and international copyright and intellectual property laws and regulations. SYLVAINBOTT respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the SYLVAINBOTT website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
• A statement specifically identifying the location of the infringing material, with enough detail that SYLVAINBOTT may find it on the website.  
• Your name, address, telephone number and e-mail address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

16. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any part of our website for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission.
• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by SYLVAINBOTT.
• Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.

17. DISCLAIMER OF WARRANTIES 

Because of the nature of the Internet SYLVAINBOTT provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse SYLVAINBOTT for any loss or damage caused as a result.

SYLVAINBOTT shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, SYLVAINBOTT excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to SYLVAINBOTT and SYLVAINBOTT shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product purchased through the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from SYLVAINBOTT.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

18. THIRD PARTIES

Through your use of the website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where SYLVAINBOTT provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that SYLVAINBOTT are in no way responsible or liable for any such third-party sites.

19. INDEMNIFICATION

You agree to defend and indemnify SYLVAINBOTT and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your purchase of the products.

20. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by SYLVAINBOTT for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. 

21. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

22. PERSONAL DATA

Any personal information you submit in connection with the purchase of products will be used in accordance with our privacy policy. Please refer to our privacy policy.

23. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by SYLVAINBOTT, shall constitute the entire agreement between you and SYLVAINBOTT concerning and governs your use of the website.

24. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity thereof, as well as the purchase of our products, shall preferably be resolved by binding arbitration between you and SYLVAINBOTT. However, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with your use of the website, purchase of our products or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and the purchase of our products. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

25. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of Germany and the European Union. Any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of Germany. This applies unless binding arbitration is agreed in the relevant section. 

26. FINAL PROVISIONS

Your use of our website and purchase of our products is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those relating to law enforcement and the use of our website. Information provided or collected in connection with your use of the website and purchase of our products will be subject to these requirements.

In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

27. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact page or via the contact information below:

SYLVAINBOTT. 

Email: art@sylvainbott.com