OVERVIEW
This website is operated by Gusto Mind Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Gusto Mind Ltd. Gusto Mind Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Part I on these terms cover our general terms of service. Part II of these terms cover the specific terms and conditions of our Limited Edition Fine Art Print products. Part III provides additional contact information in case you have any questions about these terms and conditions.
PART I - GENERAL TERMS OF SERVICE
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5A - DIGITAL PRODUCTS (LIGHTROOM PRESETS & AI TOOLKITS)
General
This section governs the purchase and use of any digital products, including but not limited to Lightroom presets, AI prompt toolkits, video presets, and other digital downloads ("Digital Products") from our website. By purchasing a Digital Product, you agree to these terms.
License Grant
Upon purchase, Gusto Mind Ltd grants you a single-user, non-exclusive, non-transferable, worldwide license to use the Digital Product. This is a license to use the Digital Product; you are not buying ownership of the Digital Product itself. All rights, title, and interest in and to the Digital Product remain with Gusto Mind Ltd.
Permitted Uses
You are permitted to:
Use the Digital Products for any of your personal projects.
Use the Digital Products for professional client work and other commercial projects where the final deliverable to your client is a unique creative work (e.g., an edited photograph or video).
Install the Digital Products on computers or devices that you personally own and use.
Prohibited Uses
You are strictly prohibited from:
Reselling, sharing, renting, leasing, sub-licensing, distributing, or otherwise transferring the Digital Products to any third party, either for free or for payment.
Modifying or creating derivative works from the Digital Products with the intention of reselling or distributing them (e.g., creating a new preset pack from our presets and selling it).
Making the Digital Products available on any platform (e.g., a website, a shared server, a peer-to-peer network) where they could be downloaded or used by others.
Claiming the Digital Products, or any modification of them, as your own work.
Delivery
All Digital Products are delivered electronically via a download link made available on the purchase confirmation page and/or sent to the email address you provided. You are responsible for downloading and backing up your purchases. We are not liable for any products lost due to your computer failure or other data loss events on your end.
Refunds
As stated in our Returns Policy, all sales of Digital Products are final. Due to their digital nature, once the product has been delivered, we cannot offer refunds or exchanges.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by ourPrivacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – INTELLECTUAL PROPERTY CLAUSE
All content on this Site, including but not limited to Images, Videos, text, graphics, logos, and related metadata (collectively the "Gusto Mind Ltd Content"), are protected by copyright and other intellectual property laws and treaties. Any unauthorized use of any Gusto Mind Ltd Content violates such laws and this Terms of Use. We do not grant any express or implied permission to use the Site or any Gusto Mind Ltd Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any its Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or its Content.
Unless you enter into a license agreement with Gusto Mind Ltd you may not download, distribute, display and/or copy any of our Content.
You may not remove any watermarks or copyright notices contained in the Gusto Mind Ltd Content.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Gusto Mind Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gusto Mind Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
PART II - LIMITED EDITION FINE ART PRINTS TERMS OF SERVICE
Terms and Conditions of artist's proof, limited edition and open print sales
0.1 These terms and conditions apply to the purchase of all forms of photographic print ( herein "limited edition print", "print") across all editions - including "open edition", "limited edition" and "artist's proof" - regardless of payment amount
0.2 The terms and conditions below form part of the contract between us (“our”, “Gusto Mind Ltd.”, “we”) and you (“buyer”, “customer”, “you”) and are the basis on which any disagreement will be considered.
0.3 By purchasing a limited edition print, you are acknowledging and agreeing to the terms and conditions set about below.
Definition of Editions
1.1 "Artist's Proof" - A photographic fine art print, limited to a maximum edition run of 25 worldwide across all sizes. Each artist's proof print is signed by Bruno Oliveira (The Artist) and clearly marked as an Artist Proof Print using the terms AP.
1.2 "Limited Edition" - A photographic fine art print, limited to the edition of a specific number, as specified in the artwork and its product page. The number of prints in our Limited Editions are done by size. For this purpose, we use five different sizes: 20 x 30”, 30 x 45”, 40 x 60”, 48 x 72” and a large format for anything larger than 84” inch wide. If any custom sizes are sold, they will be numbered in one of the five sizes mentioned before, according to which size they are closer too. For this purpose, we will use the smaller size as a reference point (e.g. height or width whatever is smaller). For the sake of total clarity, this means that if we announce a limited edition of 500 in the product page or artwork or certificate of authenticity, this means that this number of prints can be produced for each of the 5 sizes mentioned before. Each limited edition print is signed by Bruno Oliveira (The Artist) and marked with the edition size and number.
1.3 "Open Edition" or "Poster Edition" - A reproduction print, unlimited in number worldwide, produced as part of a larger edition run.
1.4. All three edition types are authenticated with a Certificate of Authenticity that identifies the artwork name, size, date of print and in case of the Artist Proof and Limited Edition, the number of the print in the series. To further ensure the authenticity of Bruno’s work, each print has a hologram in the back with a unique serial number. A matching hologram is also placed on the Certificate of Authenticity to further ensure the originality of the work.
Customer Responsibilities
2.1 By purchasing a print, you are confirming that you have read the associated print description, and selected the appropriate edition type and size as required by you.
2.2 By purchasing a bespoke size of print, you must confirm in writing the exact dimensions as required by you before your order is deemed accepted by us.
Ordering
3.1 All orders must be submitted via this website (“https://www.eyegusto.com”,herein "website") in accordance with the instructions set out on each step and page of the checkout process.
3.2 You are responsible for ensuring the completeness and accuracy of your order details and Gusto Mind Ltd. will not be liable for any failure by you to provide complete and accurate information in your order.
3.3 All print orders are for custom, made to measure, on-demand photographic fine art prints.
3.4 Orders may only be deemed to have been accepted by us upon your receipt of our order confirmation in writing (which may be by e-mail), along with relevant order reference number.
3.5 We reserve the right to:
3.5.1. Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by us.
3.5.2. Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
3.6. Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any loss or damage caused to the you by cancellation of an order by us.
Delivery
4.1 Standard production and delivery times are 4-8 weeks from the point of order, although we will always endeavour to reduce this where possible.
4.2 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
4.3 Delivery will be completed when we deliver the print(s) to the shipping address you gave us when ordering.
4.4 If no one is available at the shipping address to take delivery, we will arrange with our carrier to attempt to redeliver the item. Otherwise it will be up to you to collect from the depot described on the delivery notice.
4.5 The print(s) will be your responsibility from the completion of delivery.
4.6 You own the print(s) once we have received payment in full, including any applicable delivery charges.
4.7 You are responsible for inspecting the external packaging of the prints, on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.
4.8 Any items which are significantly damaged must be rejected by you, and returned to the courier at the point of attempted delivery. You must immediately inform us of any delivery rejection in order that we can contact the courier to resolve the situation.
4.9 Should any damage be discovered at the point of delivery, you must provide us with photographs of the specific areas of concern along with the entire package, with shipping label showing, to assist in our ability to raise a suitable claim with the courier.
4.10 Failure to inform us of any damage to the print(s) within 24 hours of the courier's delivery receipt will mean you have confirmed your acceptance of your order in good condition.
Returns
5.1 All print orders are for custom, made to measure, on-demand photographic fine art prints. As such, we cannot accept returns for unwanted goods.
5.2 Any order which has been damaged prior to delivery, where you have informed us within 24 hours of the delivery attempt (subject to the provisions in clause 4 - "Delivery"), will be replaced by us free of charge with a duplicate copy of the same print as ordered.
5.2 All orders that are delivered and confirmed as undamaged, or where we have not been informed of any courier damage within 24 hours of delivery, are deemed to have been accepted by you in good condition and will no longer be replaced by us for free on return of the damaged item for disposal.
5.3 Any damage caused after successful delivery is the responsibility of the customer, and any replacements will be provided subject to payment of the current print price on the website.
5.4 Damage caused during self-organised framing or mounting is the responsibility of the customer, and no refund for prints that have been spoiled in this way.
Customs, Excise Duties & Import Taxes
6.1 All prints are produced and shipped from Colorado, United States.
6.2 As a responsible international seller, we are legally bound to provide information the relevant import and export authorities when shipping prints to countries outside of the United States.
6.3 We will ensure, where appropriate, that the value stated for the purposes of import and export to the country of delivery is accurate and correct, reflecting the actual material replacement cost of the order.
6.4 The payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.
6.5 Any deliveries which are returned due to non-payment of customs charges, duties or other taxes will be considered complete and non-refundable.
6.6 We are able to discuss any potential import duties prior to ordering, should any questions or concerns arise. Please contact us directly for further information.
Events Outside of Our Control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by an event outside our control.
7.2 An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3 If an event outside of our control takes place that affects the performance of our obligations under this contract:
7.3.1 we will contact you as soon as reasonably possible to notify you; and
7.3.2 our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is over.
Price of Prints & Delivery
8.1 The prices of the prints will be as quoted on our site from time to time. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of print(s) you ordered, please see clause 9.4 for what happens in this event.
8.2 Prices for our prints may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation.
8.3 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to the "Delivery" line at checkout, or in the case of bespoke images this can be found on your written quotation.
8.4 It is always possible that, despite our reasonable efforts, some of the prints on our site may be incorrectly priced. If we discover an error in the price of a print you have ordered we will inform you of this error and we will give you the option of continuing to purchase the print at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the prints to you at the incorrect (lower) price.
Print Formats
9.1 Unless stated on your order confirmation and receipt, all prints are delivered as "loose photographs", in a rolled tube with protective packaging.
9.2 Where we have offered framing or mounting, and this option is included on your order confirmation, the print(s) will arrive fully assembled in your chosen format, in a protective shipping container or package.
9.3 All images on this website are intended to be an indicative preview of the final output and should not be relied upon as a completely accurate representation of the final product.
9.4 You hold sole responsibility for framing or mounting your print(s), including any damage caused during this process as detailed in section 5.
9.5 All sizes listed on this site are for the print itself - with any requested frames being an addition to these dimensions.
9.6 To accommodate for production tolerances, all listed dimensions are agreed to be +/- 5% in measurement.
Copyright and Ownership
10.1 By purchasing a print from us, you understand that you own a copy of an original photograph as captured and edited by the original creator, Bruno Oliveira.
10.2 At no point do you, or will you, own the copyright of any image purchased from us as a print.
10.3 Prints may not be reproduced, copied, shared electronically, or used for any commercial purposes without our prior, express, permission and any applicable fee (as determined by us) being paid.
10.4 It is illegal to produce copies of any work which is copyrighted by us, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
Payment
11.1 You can pay for prints using our chosen secure payment gateway, online.
11.2 Payment for the prints and all applicable delivery charges must be made in advance.
11.3 Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
11.4 Once delivery of your order has been signed for as accepted, your order and payment are considered complete.
Our Right to Vary These Terms
12.1 We may revise these Terms from time to time.
12.2 Every time you order prints from us, the Terms in force at that time will apply to the Contract between you and us.
12.3 The Terms applicable to your contract will be determined as those published and active on the date your order was placed.
Jurisdiction and Disputes
13.1 These terms are governed by English law.
13.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
13.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.7 This Contract for the purchase of prints through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
13.8 We will not file a copy of the Contract between us.
PART III - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us atinfo@eyegusto.com
