Terms and Conditions
Welcome to Paolo Borile Paintings and portraits!
These terms and conditions outline the rules and regulations for the use of BORILE PAOLO's Website, located at https://paoloborile.it.
This website is operated by BORILE PAOLO. Throughout the site, the terms “I”, “me”, “my” and “the seller” refer to BORILE PAOLO. BORILE PAOLO 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 the site and/ or purchasing something from me, you engage in my “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 my 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. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my 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.
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 me your consent to allow any of your minor dependents to use this site.
You may not use my 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.
If I fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable
result of my breach of these Terms or my negligence, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of my breach or if they were contemplated by you and me at the time we entered into the Contract.
SECTION 2 - GENERAL CONDITIONS
I 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 me.
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
I am 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. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is your responsibility to monitor changes to my site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for my products are subject to change without notice.
I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
I 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
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 my Return Policy. To view my Return Policy, please visit my RETURNS POLICY.
The images of the Products on my Platform are for illustrative purposes only. Although I have made every effort to display the colours accurately, I cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
I reserve the right, but am not obligated, to limit the sales of my products or Services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or Services that I offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of me. I 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.
I 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 6 - INTELLECTUAL PROPERTY
I guarantee that I am the author of the ceded Item and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties. Upon the sale, I assign to the Buyer the material substrate of the Item. I retain my moral right on the Item as well as the rights regarding its representation and its reproduction.
SECTION 7 - EVENTS OUTSIDE CONTROL
I will not be liable or responsible for any failure to perform, or delay in performance of, any of
obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 7.2.
7.2 An Event Outside Control means any act or event beyond 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.
If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for
performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.
Please note that shipping an artwork outside Italy is forbidden without obtaining proper export documents from the Ufficio Esportazione, part of the italian Ministero dei Beni Culturali. Any delay in releasing these documents from the Ufficio Esportazione of Milan will be considered an Event Outside Control.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
I reserve the right to refuse any order you place with me. I may, in my 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 I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed.
For more detail, please review my RETURNS POLICY.
SECTION 9 – ORDER
The Items are offered for sale on the Seller’s website, subject to their availability. Each of the Items offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type.
To order an Item, the Buyer must select the Item of his/her choice, place it in his/her cart and provide the necessary personal information to place the order. Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.
SECTION 10 – SALES PRICES AND TERMS OF PAYMENT
The Item’s sale price is listed on the Site in Euro and includes all taxes, excepting delivery and packaging fees. The delivery and packaging costs depend on the type of Item, its dimensions, its weight, as well as the place of delivery.
The payment of the Item price by the Buyer to the Seller is made via the payment services available from the website.
Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the Item is put back for sale on the website.
SECTION 11 – DELIVERY
Your order will be fulfilled as soon as reasonable (normally dispatched within 12 working days after I receive the order), unless there is an Event Outside Control (as defined in Clause 7.2), and I will provide you with a tracking number once the Products have been shipped. If I am unable to fulfil delivery because of an Event Outside Control, I will contact you.
Delivery will be completed when the Products are delivered to the address you gave me.
The Products will be your responsibility from the completion of delivery.
You own the Products once I have received payment in full, including all applicable Delivery Charges.
The Buyer must inform him/herself about the procedures and delivery schedules implemented by the various delivery services providers.
Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the Item, as well as the conformity of the later are the sole responsibility of the Buyer, I shall in no case be held liable for failure to comply by the Buyer, who is entitled to lodge a complaint against the delivery service provider.
The Buyer must, as soon as he receives the order, check the condition of the Item, and mention any reservation immediately and in writing, at the latest within 48 hours, to me.
SECTION 12 - INTERNATIONAL DELIVERY
If you order Products from my Platform for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that I have no control over these charges and I cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order, as import duties and taxes may be a relevant amount (up to 30% of the price of the product shipped).
You must comply with all applicable laws and regulations of the country for which the Products are destined. I will not be liable or responsible if you break any such law.
SECTION 13 - OPTIONAL TOOLS
I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.
You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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).
I 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 14 - THIRD-PARTY LINKS
Certain content, products and Services available via my 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 me. I am not responsible for examining or evaluating the content or accuracy and I 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.
I am 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 15 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at my request, you send certain specific submissions (for example contest entries) or without a request from me you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to me. I am 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.
I may, but have no obligation to, monitor, edit or remove content that I determine in my sole discretion to be 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 me or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 16 - PERSONAL INFORMATION
SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on my 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. I 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).
I 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 18 - 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 my 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. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
I do not guarantee, represent or warrant that your use of my service will be uninterrupted, timely, secure or error-free.
I 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 I 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 me) 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 BORILE PAOLO 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, my liability shall be limited to the maximum extent permitted by law.
SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BORILE PAOLO 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 21 - 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 22 - 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 me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or when you cease using my site.
If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I 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 my Services (or any part thereof).
SECTION 23 - ENTIRE AGREEMENT
The failure of me 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 me on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (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 24 - GOVERNING LAW
These Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of Italy.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to me at: email@example.com.
My contact information is posted below:
TRADING NAME: BORILE PAOLO
EMAIL ADDRESS: firstname.lastname@example.org
BUSINESS ADDRESS: Via Vandone 6, 27029 Vigevano (PV), Italy
VAT NUMBER: 02901980181