- Copyright Notice
All content appearing on this Web site is the property of:
Eduard Locota Sculpture
Copyright © 2018 Eduard Locota Sculpture. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2018 Eduard Locota Sculpture. All rights reserved.Photos Copyright © Eduard Locota Sculpture.Accepting these Terms
The Terms are a legally binding contract between you and Eduard Locota Sculpture.
This contract sets out your rights and responsibilities when you use the services provided by Eduard Locota Sculpture (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!Your Privacy
You’ll need to create an account with eduardlocota.com to use some of our Services. Here are a few rules about accounts:
A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
C. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
D. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
Warranties and Limitation of Liability
- A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.
- B. Pay Your Bills. You are responsible for paying all fees that you owe to eduardlocota.com. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
- C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- E. Follow Our Trademark Policy. The name “eduardlocota,” and the other eduardlocota marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of eduardlocota in the U.S, U.E. and other countries. If you’d like to use our trademarks, pleasecontact us.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services.We are not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
You are responsible for collecting and paying any taxes associated with using Eduardlocota’s services.Indemnification
We hope this never happens, but if Eduardlocota gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Eduardlocota (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Eduardlocota regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
- Purchasing an Item
When you buy from us, you’re directly supporting our independent business, each with its unique listings, policies and processing times. By making a purchase from us, you agree that you:
- Have read the item description and shop policies before making a purchase;
- Have submitted appropriate payment for item(s) purchased; and
- Have provided accurate shipping information.
This warranty is not transferable and extends only to the original retail purchaser and is only valid when supplied with proof of purchase. Please retain proof of purchase for this limited warranty.
Eduard Locota reserves the right to determine if warranty terms and conditions have been met. Please contact customer service if you have any questions regarding warranty.Customer Satisfaction Guarantee
If something of a damaging nature should happen to the sculpture and/or design piece in transit from us to you, we will accept the pre-paid shipment by the customer of any damaged sculpture and/or design piece for return when delivered to carrier within forty-eight (48) hours of delivery of the original shipment to you. Please inform us immediately, though, providing to us a written, notarized, statement detailing the damage so we can work with you to arrange repair or replacement and return. Damage reported within the prescribed time limit will be repaired or replaced at the discretion of Eduard Locota Sculpture™ at no further charge to the buyer.
If something of a damaging nature should happen to the sculpture and/or design piece, and you wish to repair your piece with us, we will accept the pre-paid shipment by the customer of any damaged sculpture and/or design piece, and will handle the repair with the lowest cost possible and the highest quality and care possible to the unique pieces. In this case, the shipment and repair costs are suported only by the customer.Not Included Within Guarantee and/or Warranty
This Warranty does not cover any sculpture and/or design piece which has been altered, removed from its rightful attachment, or repaired by anyone other than Eduard Locota after delivery to you.
This Warranty does not cover any sculpture and/or design piece damaged as a result of an accidents made after shipping.
This Warranty does not cover any sculpture and/or design piece which has not been appropriately maintained and cared for, damage that is due to general wear and tear, which is the result of everyday use or negligence.
This warranty does not cover cosmetic damage or damage due to accident, weather phenomena (outdoor intemperies, rain, sun, humidity, thunder, hail and other adverse weather conditions), misuse, abuse, negligence, or modification of or to any part of the sculpture and/or its base after delivery to you.
Because the finish applied to our sculptures is generally considered in the sculpture industry to be a “living finish” which will naturally change color over time due to human touch, climate conditions and exposures to light, degree of proper maintenance, etc., we do not warrant the finish of our sculptures beyond being free of defects in materials and workmanship at the time of delivery to the original buyer.Extent of Liability and Remedy
To the maximum extent permitted by applicable law, in no event and under no legal theory, with respect to claims for breach of contract and claims of breach of confidentiality obligations including Personal Data, neither Party to include their parents, affiliates and subsidiaries shall be responsible to the other for damages, costs and expenses of either party’s personal injury, property damage, consequential, incidental, indirect, punitive or exemplary losses or damages, or any liability for loss of income, loss of revenue, loss of profit, or loss of product, howsoever caused, including negligence, gross negligence, and strict liability.Termination of Warranty
Coverage under this Warranty terminates prematurely when the sculpture and/or design piece deteriorates for any reason other than defects in workmanship or material.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, ALL SERVICES AND MATERIALS ARE PROVIDED “AS IS.” EDUARD LOCOTA SCULPTURE™ HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. No dealer, agent or employee of Eduard Locota Sculpture™ is authorized to make any modification, extension, or addition to this Warranty. Eduard Locota Sculpture™ reserves the right to determine if warranty terms and conditions have been met.
- Where do we ship?
We are open to send our artwork to all corners of the world via courier/post. If you believe you are located in a remote location and will have difficulties receiving the items, please contact us prior of buying.Shipping costs
For large and heavy artworks, shipping cost can fluctuate significantly from country to company; so please contact us prior committing to buy. We will provide you an estimate cost for the shipping.
Less voluminous / less heavy artwork have normal shipping cost, so it’s not mandatory to contact us before committing to buy. We either have a fixed price that will be added to artwork price, in the “cart” before buying – orafter commiting to buy, we will contact you with the precise shipping cost.International
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Eduard Locota is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
A Non-Delivery occurs when a buyer places an order and submits payment, but the seller does not ship the item or does not ship the item to the correct address. The following are examples of Non-Delivery cases:
- An item was never sent.
- An item was sent to an address that was not verified through convos or USPS address verification.
- There is no proof that the item was shipped to the buyer’s address.
Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes may be resolved by contacting us with via e-mail via the form in “Contact us” page, with clear specifications of your issue. We promiss to do our best to solve your concerns and make you satisfied with the transaction.What about Refunds?
Returns NOT Accepted – If the item was delivered as described and in timeframe specified, buyer agrees to keep the item per terms indicated in the listing.
*Note: Returns not accepted because: every single item is a unique handmade artwork, made specifically to order for each customer, under the requirments or customisations provided.Feedback
We would love to hear from you, literally. You can send us photos of the artwork in your house, a message, feedback, or simply a hello message. It would mean a huge deal for us, you to be happy with your order.