TERMS AND CONDITIONS

for fineartisall.no and fineartisall.com

INTRODUCTORY NOTES

These Terms and Conditions stated here regulate terms and conditions which apply when you are purchasing items through a website with web shop on fineartisall.no and fineartisall.com, except in cases when FINEARTISALL and another party have some other agreement in writing.

Fineartisall.no and fineartisall.com are two domains which are both connected with same hosting and same website content with same web shop, and represent just two different ways of approaching to the same content, with the purpose to give the customer more options to approach to the offer which FINEARTISALL made for them.

By making an order and completing a purchase in our web shop you confirm that you are minimum 18 years old and that you are legally allowed to be a participant of a binding agreement. At the same time, you confirm that you are accepting Terms and Conditions stated here and accepting to proceed with following phases of cooperation with FINEARTISALL according to legal and binding rules defined in these Terms and Conditions.

FINEARTISALL reserves the rights to make small delays in updating of stock items status in accordance with periodical updating of the latest status situation and technical possibilities to support those updates constantly. Also, FINEARTISALL reserves the rights to make changes in Terms and Conditions according to changes of laws and other legal regulations in certain legal areas applicable to these Terms and Conditions.

For all which is not regulated in this Terms and Conditions will be applicable legal regulations and laws defined in Norwegian law system, first of all “Lov om forburkerkjøp (forbrukerkjøpsloven) av 2002-06-21-34”.

PRODUCTS

Products (items) on this web site are original artworks made in art technique oil on canvas signed by author and in high digital prints (DGA or Giclée) of those oil on canvas artworks, printed in different sizes with numbered, limited edition, and signed by author.

Through contact scheme on this web site or through contact email address you can order a service of making artwork in different art techniques by your wishes and preferences as a custom-made artwork, about which you can see more information in the field section „Custom made”.

INTELLECTUAL PROPERTY OF THE PRODUCTS AND COPYRIGHTS

For all artworks which are in products offer on this web site including all original paintings and all art prints, intellectual property as intangible creations of artist who made them, belongs to the owner of this web site and to the author of these artworks, and stays with the owner and author after selling the artwork to the customer.

That means that customer who purchase the item on this web site acquires the right to use that artwork as a physical object in their possession and use it by their own preferences (e.g. use for their own needs, sell item to someone, give item as a present, etc.), BUT NOT THE RIGHT TO REPRODUCE, COPY AND THEN FURTHER SELL OR USE FOR ANY OTHER COMMERCIAL PURPOSES WITHOUT WRITTEN APPROVAL FROM THE OWNER OF THIS WEBSITE AND FROM THE AUTHOR OF THESE ARTWORKS.

In short, copyrights on all artworks on this website are retained by the author of those artworks and cannot be copied and reproduced without express written approval from the author of the same.

In a case of abusing of intellectual property rights and in a case of any unapproved and unauthorised using of content from this web site and web shop, owner of this web site and author of these artworks will report that act to authorities and start procedure of legal protection of intellectual property in accordance with the law.

SHOWROOM

The Showroom section, as a part of presentation of artworks in offer on this website and web shop, is made just for illustration purposes to describe in a way how some artwork can look in some imaginary customers room.

That means that some rooms of customers in real life can be bigger or smaller size (than in showrooms view) or can be equipped with bigger or smaller furniture or other elements in the ambience of some room which can affect on total experience.

Because of that sometimes dimension of artwork on the wall in some showroom sample can be in a proportional sense of view, bigger size compared with some customer room size. From that reason, customer always can check in description of each artwork in which size it can be purchased.

Showrooms samples are taken by web designer with official subscription and licence to use samples for further use.

Great gratitude for freepick.com which enabled designers to do a great job by using their samples.

PRICES, COSTS, FEES AND TAX (VAT)

Prices of the products on this website and web store are given and shown in Norwegian national currency named Norwegian krone (in Norwegian “norske kroner”) marked with abbreviation “NOK”.

Prices can vary from artwork to artwork, depending on size of artwork, but also depending on art style, art technique or art theme in which some artwork is made.

FINEARTISALL reserves the rights to change the prices of the items displayed on website and web shop according to changes of production and supplier prices, shipment and other costs or according to new market prices changes.

Costs of shipment are free of charge and they go on behalf of FINEARTISALL.

Note: “Shipment: Free of charge” which is visible in brief information about each item separately, MEANS ONLY THAT CUSTOMER DO NOT NEED TO PAY COSTS WHICH FINEARTISALL WILL HAVE IN NORWAY (where FINEARTISALL is stationed) to send purchased item (artwork) to the delivery address which customer provided during purchasing process.

FINEARTISALL will not cover the potential additional costs for post office or another delivery company in recipient`s country if there is that kind of costs at all, when shipment has to be sent out of Norway, and also FINEARTISALL will not cover any type of potential costs of import tax, VAT costs, custom costs or any other costs which can exist in delivery country in cases when item should be send out of Norwegian borders.

In short, COSTS OF IMPORTED PURCHASED ITEM, VAT COSTS, CUSTOM COSTS in recipient`s country if there is any, will not be covered by FINEARTISALL.

In Norway (within Norwegian state borders), shipment will be sent through the Norwegian post office or through some of delivery companies existing and operating in Norway, and cost for post office or another delivery company services for delivering of purchased items to customers delivery address will be covered by FINEARTISALL, but nothing more or less than that.

5% Art fee (“kunstavgift”) represents a fee which is regulated by Norwegian legal regulations as an obligation which applies for all artworks with price 2.000 NOK or above. This Art fee has to be calculated and charged to everyone who buys artwork on this website and web shop in this price range.

Funds collected on that way through Visual artist aid Fund (in Norwegian: “Bildene kunstneres hjelpefond”) are further forwarded and used for help and development of art and artists in Norway.

5% Art fee has to be added on top of the price of artwork, and afterwards has to be reported and further transferred to a competent office.

VAT – value-added tax (in Norwegian: MVA (merverdiavgift)) does not apply on selling of artworks on this website with web shop, because the organization form of the owner`s company of this website and web shop and selling of own produced art is VAT FREE in Norwegian legal systems regulations.

That means that all products on this website with web shop are VAT FREE.

Total price – is the amount which customers can find in the description of each item beside the product in this web store. That total price amount represents the total costs of the purchase, and the total price amount will appear before completing the order and it will include the price of the product with all costs associated with the purchase of each particular item.

FINEARTISALL reserves the right to make printing errors or other incorrections regarding item prices and information.

Customer can contact FINEARTISALL through email if they have any questions or dilemma.

N.B. CUSTOMERS HAVE TO BE AWARE THAT IN DESTINATION COUNTRY WHERE ARTWORKS WILL BE SENT AFTER PURCHASING ON THIS WEB SHOP, POSSIBLE CAN BE CALCULATED SOME CUSTOMS COSTS, TAX (VAT) OR SOME OTHER COSTS, WHICH FINEARTISALL WILL NOT COVER, AND THOSE RULES CAN VARY AND CAN BE VERY DIFFERENT (IF THEY EXIST AT ALL) FROM COUNTRY TO COUNTRY.

PRODUCT PURCHASE AND DELIVERY

Payment options

FINEARTISALL is using payment platform NETS which means that customer, who wish to buy item in FINEARTISALL web store, within this payment platform can choose between several different payment solutions such as:

1)     Visa card;

2)     Mastercard / Eurocard;

3)     Vipps;

4)     Invoice (with chosen payment deadline up to twelve (12) months).

Order processing and payment procedure

After customers create the order through a web shop on this website, operationally supported from Woo Commerce, FINEARTISALL will be informed about that order and customers will get email with information that their order is in process of handling.

At the same time payment platform NETS will reserve the money from customer’s account in an amount which is necessary for payment of ordered product, if customer chooses payment methods such as Visa card, Master card/Eurocard or Vipps and will inform FINEARTISALL about that.

If a customer chooses a payment option with an invoice with a different period of planned payment schedule, payment platform NETS will regulate that transaction with the customer, but NETS will provide the amount necessary for purchased item from their own funds and inform FINEARTISALL about that.

After FINEARTISALL confirms that order to NETS payment platform, payment platform NETS, previously reserved amount of money, from customers account or money from NETS own funds (if invoice option is applicable), will transfer within ten (10) work days to FINEARTISALL bank account.

From the moment (day) when FINEARTISALL received the money for that order on the bank account, the ordered product will be sent to the customer’s address within five (5) work days.

Sending shipment

In most cases shipment will be sent to the customer in five (5) work days from the day when FINEARTISALL received the money on the bank account for the purchased item.

FINEARTISALL reserves the rights in some cases because of different circumstances on which FINEARTISALL cannot influence, that period from received payment and sending the item can be extended up to ten (10) work days.

FINEARTISALL reserves the right to send item to the customer within thirty (30) days from the day of received payment on bank account, as a latest deadline in case of delays in supplying on which FINEARTISALL cannot affect and which are closely related and necessary for realization of shipment.

About any potential delays, customers will be informed and at the same time they will get estimated time for sending of shipment in that case.

Purchased items will be sent in tubes if the item is high digital print or in a special made shipment package adjusted for each particular artwork if artwork is oil on canvas on wooden frame.

If the same customer buys more different artworks at the same time, the shipment package will be the best possible package combination, with the purpose to fulfil all quality requirements necessary for safe delivery of purchased items.

Shipment will be followed with a tracking number which will be provided to the customer in shipment confirmation email, which FINEARTISALL will send to every customer after shipment is sent to the customer address which was provided during the ordering process.

Cancellation of order

Customer who purchased some item or items on this web shop can cancel that order with no extra costs within 24 hours from the moment of receiving the email with confirmation that that order is in process of handling.

That means that after FINEARTISALL sends an email to the customer with confirmation that the order is in process of handling, from that exact time, of receiving the email, the customer has 24 hours for cancellation of that order free of charge.

When that first cancelation deadline of 24 hours is expired, customers still can cancel the order if they change their mind, but this time with cancellation fee of 1500 NOK, and that can be done only until the moment when customer gets another email from FINEARTISALL in which they will be informed that purchased item will be sent to them in next 24 hours from the moment of receiving of that email.

Cancellation fee of 1500 NOK will be deducted from the amount which customer paid for purchased item, which means that FINEARTISALL in case of cancellation order in this second cancellation period, will not send purchased item to customer and amount which customer paid for cancelled item will be paid back on customers bank account deducted for cancellation fee amount.

CANCELLATION OF ORDER ONLY CAN BE DONE BY SENDING THE CLEAR AND PRECISE CANCELLATION EMAIL TO FINEARTISALL EMAIL ADDRESS: post@fineartisall.no

Any other way of cancellation of order which is not by FINEARTISALL official email address (e.g. by Instagram, by Facebook or some other way) will not be accepted and will not be treated as cancellation and as like that will not produce any effect or any changes in process of handling and sending purchased item and will not change customers obligation to pay that item.

Customer can cancel the order only by sending an email on the, above mentioned, email address of FINEARTISALL, but in same time customer for cancellation of the order has to use ONLY customers email address which customer provided during the purchasing process for the item which is the subject of cancellation.

Customers are obligated in their cancellation email (beside their name, surname, address, email and phone number (optional)) to clearly and precisely point out the number of the order which is subject of cancellation and also date of order (purchase) creation and all other necessary information from purchase confirmation email which they got from FINEARTISALL after they finished their purchase.

PERSONAL INFORMATION HANDLING

Information collected by FINEARTISALL

FINEARTISALL will process only personal information of customers which are necessary for sending the shipment such as: name and surname (family name), address (delivery and billing address), postal code and name of the place of living.

Also, FINEARTISALL will process personal information necessary for communication with customers, confirmation or cancellation of order, confirmation of shipment and shipment details information, such as email address and in some cases phone number which is optional collected information.

All this information will be processed according to the Act of Personal information (in Norwegian: Lov om behandling av personopplysninger (personopplysningsloven) av 2018-06-15-38).

All personal information collected by FINEARTISALL will be automatically deleted after a period of six (6) months from the day they were collected.

Customer’s personal information collected by FINEARTISALL will be used only for the purpose of delivering the purchased item to customer and will not be used for any other purposes such as advertising or similar. That information will never be available from FINEARTISALL to other businesses, companies or some other register.

Only the person which will handle the order will be introduced with customers personal information and also web administrator of this website and web store, who have to secure storage of customer`s personal information and deleting of them after a period of six (6) months from the date they are collected.

Information collected by NETS (card and other payment information)

Information related to payment methods such as: credit card number, information of holder of credit card, expiration date of credit card, security code of credit card, bank account numbers, invoice payment option schedule or any other information related to any of chosen payment methods will be collected by payment platform NETS, not by FINEARTISALL and FINEARTISALL cannot be and will not be responsible for that kind of information.

All card information will be stored according to the NETS card and personal information regulations.

PRODUCTS RETURNS

Returns in case of regretting of purchase

If customers for some reason change their mind towards some purchased item from FINEARTISALL and if they want to return that item back to FINEARTISALL, they can send it back within 14 days from the day when customer received the shipment with purchased item from FINEARTISALL.

Customers are obligated to inform FINEARTISALL on the official email address post@fineartisall.no, about their wish to return the item, before they send that item back to FINEARTISALL.

Also, customers have an obligation to return the purchased item in the same condition in which they received the item and they have to print and fill out the withdrawal form which will be sent to customers on their provided email address.

In the attachment of the same email in which the customer will be informed from FINEARTISALL about shipment which is sent to customer and about tracking number of sent shipment, customer will get withdrawal form which has to be printed, filled out and attached for item package which is to be send back to FINEARTISALL.

Customer has to be aware of the fact that the customer has an obligation to pack and protect the item which they are sending back to FINEARTISALL, in the same way as FINEARTISALL did that first time when they got the shipment.

Because of costs which FINEARTISALL has during the process of realization of every shipment, in case of returning the item from the reason of regretting of purchase, customer is obligated to pay returning shipment costs to send the shipment back to FINEARTISALL, but also customer is obligated to pay cancellation fee of 1500 NOK for caused costs to FINEARTISALL because of reason which are from customer side.

If customer made returns of item according to rules from text above, FINEARTISALL will pay back to customer`s bank account money in amount which customer paid for purchased item deducted for cancellation fee of 1500 NOK, which just covers part of costs which FINEARTISALL has during handling and realization of some order.

Money from FINEARTISALL to customers bank account will be transferred back (deducted for amount for cancellation fee) within ten (10) work days from the day when FINEARTISALL received the purchased item back.

Returns in case of damage of item

Buyers of items on FINEARTISALL website and web shop, are obligated to do control and check of the purchased item and to inform FINEARTISALL if they notice any damage to the purchased item.

Customers have 24 hours from the moment they have received the shipment from FINEARTISALL, to check and report any potential damage of the item on email: post@fineartisall.no.

In case of a damaged product on behalf of FINEARTISALL, customer has rights on refund and depending on customer wishes, customer can get new product or refund of full amount paid for that item.

Returns in case of damaged shipment package

Customer is obligated that before they take-over purchased item, from post office or another delivery company office, to check shipment package for potential damage.

In the case that a customer notices that a shipment package is damaged, the customer has to inform about that FINEARTISALL within 24 hours from the moment shipment is tried to be delivered to customer.

If the customer notices damaged shipment, customer has to refuse to take over the damaged package from the delivery company and that will make the delivery company to send back shipment to FINEARTISALL.

FINEARTISALL in this situation will send new artwork to the customer.

WARRANTY

FINEARTISALL gives five (5) years warranty on quality of the products on this website.

That means that in case that some damage shows up on art work without people contributing to their arising, FINEARTISALL will repair that art work in a short period of time.

Warranty don’t include damage which is a result of physical impact or a result of negligence in the handling of artwork.

LEGAL REGULATIONS 

On all situations which are not regulated and predicted in this Terms & Conditions, will be applicable Consumer Purchases Act (Lov om forburkerkjøp (forbrukerkjøpsloven) av 2002-06-21-34) and the Right of Withdrawal Act  (Lov om opplysningsplikt og angrerett ved fjernsalg og salg utenom faste forretningslokaler (angrerettloven) av 2014-06-20-27), Act of processing of personal data (Lov om behandling av personopplysninger (personopplysningsloven) av 2018-06-15-38) or other applicable legal act in Norwegian legal system.

For potential legal cases will be in charge court or other applicable legal instance stationed in Bergen in Norway and in the case of absence of competent institution in Bergen for particular case, the corresponding institution in the another geographically nearest place to Bergen in Norway, will be competent.

FINEARTISALL as a trade name (word mark) and FINEARTISALL as a trade mark and logo (combined/figurative mark) are legally protected in accordance with Norwegian legal system and legal regulation.