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Terms & Conditions

Terms & Policy

 

Overview

By using  https://www.artona.eu, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we,” “us,” and “our” refer to Artona painting & Drawings (the “Company”), owner of  https://www.artona.eu.  

Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications

Site Use

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.

You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Artona Paintings & Drawings - Intellectual Property

The Site contains intellectual property owned by the Company, including, without limitation to, trademarks, copyrights, and other intellectual property as well as the Artona Art, https://www.artona.eu, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site if you are caught violating this intellectual property policy.

Limitation of Liability

You agree that under no circumstances shal we be liable for direct, indirect, incidental, consequential  special, punitive  exemplary, or any other damages arising out of your use of the site and out of your use of the studio's were the lessons are taking place. Additionally Artona Paintings & Drawings is not liable for damages in connection with (I) any failure or performance, error, omission  deal of, attack  interruption, deletion, defect, delay in operation or transmission, computer virus online or system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill or data; and (III) this party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory or legal liability. The fogging applies even Artona Paintings & Drawings has been advised of the possibility of or could have foreseen the damages.

Third Party Resources

The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnication

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Online Commerce

Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. 

We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. 

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

2. OUR Privacy Policy 

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Overview

At Artona paintings & Drawings Limited we’re committed to protecting your personal information. This Privacy Policy explains how we use any personal information we collect about you when you use our website https://www.artona.eu (the “Site”). Please note that we may update this policy from time to time.

TOPICS

  1. Our Privacy Principles

  2. Who We Are

  3. What information do we collect about you & where is your information stored?

  4. How will we use the information about you?

  5. Cookies

  6. Security

  7. Your Rights

1. Our Privacy Policy Principles

  • We will never spam you with irrelevant emails

  • You may opt out or in of our email communications at any time

  • You have the right to remove any information we may hold on you

  • We will never sell, rent, make public or distribute your personal information

  • Data is a liability and therefore should only be collected and processed when absolutely necessary

2.Who we are

Company Name: Artona Paintings & Drawings registered as a daughter company of ONA design in Voorburg

Company registration number: 53698983

We are a smaal company and we don't have an official office.

3. What information do we collect about you & where do we store it?

3.1 Online Forms 

We collect the personal information you voluntarily provide to us, which includes your name and e-mail address, in order to subscribe to our newsletter, receive our free content, comment on our blog, and/or purchase services or online products.

3.2 Customer data 

We collect name, email address, address and telephone numbers if you make an online purchase of our products and/or services. This information is held securely in our website database. 

3.3 Website Visitor Tracking 

Like most websites, our website uses Google Analytics. This tool collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. We use this information to better understand how visitors find us and how they interact with our website. We can use this to make adjustments to our website, to deliver a better user experience.  

We also use tracking from Facebook, Pinterest and Instagram so that we can better understand how visitors are interacting with our site via social media and to track the effectiveness of any adverts we place on social media.

This data is all anonymised but you can opt out of this tracking at any time via your own browser settings. See our Cookie Policy for more details.

If you are a member of our online School and have a user profile on our website wecollect information in our website database which allows us to track how frequently members access the site and what are the most popular pages. This allows us to improve and develop the online School for the benefit of the members.  The data is linked to the personal user profile but we don’t view it at that level. Instead we only use it in order to build higher level, non personalised, statistics. If you stop being a member and wish to have your user profile deleted you can email us to ask us to do that. 

3.4 Email Updates 

If you choose to receive Anna’s email updates your email address will be stored in Active Campaign which is the app we use. Active Campaign are third-party data processors. At any time  you can unsubscribe from our emails either from within the email or by emailing us.

4.How will we use the information about you?

We collect information about you to understand your needs and provide you with a better service. Specifically, we use your information for:

4.1 Internal record keeping

4.2 Improving our services

The legal basis for this type of processing is either consent or our legitimate interests in growing our business.

4.3 Providing you with offers relating to our products or services.  

The legal basis for this type of processing is either consent or our legitimate interests in growing our business. We may send you such communications if you requested it and/or if you agreed to receive such communications. You can opt-out of these emails at any time through the ‘unsubscribe’ button in each email or contacting us via email.

We will only share your information with trusted 3rd parties if necessary to provide support in running this Website . We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

5.Cookies

A cookie is a piece of code that allows the web server to identify and track activity of the web browser. They are widely used in order to make websites work more efficiently, as well as to provide information to the owners of the website. 

You can enable or disable your Cookie settings via your own web browser. See our Cookies Policy for more details.

6.Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Though we have these procedures in place we can’t be held responsible for any intercepted information shared through our Site without our knowledge or permission.  

7.Your rights

Your rights under data protection laws include the right to access, erase, correct, restrict, and/or object to our use and processing of your personal data, as well as the right to portability of the data.  You have the right to confirmation as to how and where we process your data. To the extent that the legal basis for our processing consent, you have the right to withdraw at any time. If you consider our processing to infringe data protection laws, you have the right to lodge a complaint with a supervisory authority.

If you have any questions or concerns regarding this Privacy Policy, please email: info(at)artona(dot)eu
Updated: 15th January 2020

 

3. Terms of Purchase

Commissions
Commissions
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Online Lessons
Online Lessons
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Lessons at Studio
Lessons at Studio
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Artona DRAWINGS & PAINTINGS and the LESSONS at Artona

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you the (“Student") agree to be provided with products, programs, or services as part of Artona Lessons (“Membership”) operated by Alicja Wieczorek (“Owner”), acting on behalf of Artona (“Company”), and you are entering into a legally binding agreement with Artona, subject to the following terms:

1. Terms of Student Enrolment 

a)  Upon purchase and execution of this Agreement, the Student will be provided with the following content and/or services as detailed on https://www.artona.eu/courses?lang=en (“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to: 

  1. Newsletters and Emails

  2. Video tutorials and Practice Pics

  3. Any other Content from Artona Website

(b)  Artona works with beginners and advanced Students. The condition to enrol to any type of the lesson is one time try-out session.

(c)  Artona may from time to time offer extra Services to Students for an additional fee.

(d)  Artona works with booking system and has the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.

(e)  Students have the option to cancel their lessons in writing via email to the Artona

2. Intellectual Property Rights

(a) The paintings Students produce as a result of taking Artona’s lessons or based on her professional tips are considered legally to be ‘Derivative Works’ and as such the copyright remains with Artona and any other photographer whose work has been used for these.

(b) Students may share photographs of the paintings they create based on Artona's tips but they must always credit Artona Paintings and Drawings whenever the work is displayed (including online).

(c) Students may sell the physical paintings they create based on Artona's tips (for instance in a local art exhibition) but they must always credit ‘Artona Drawing and Painting Lessons' whenever the work is displayed for sale.

(d) Students can reproduce their own paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a Christmas card sent to friends and family) however, they must credit ‘Artona Paintings and Drawings’ along with the reproduction. 

3. Payment and Refund Policy

(a)   Upon execution of this Agreement, the Students agree to pay to Artona the purchase amount as stated on the Artona Website, or stated via e-mail, app message, or via a sales promotion.

(b)  The Student agrees to provide us with true, accurate and complete information as required by the sign-up process (“Subscription Data”), including their legal name, address, telephone number, email address and applicable billing information.

(c)  The Student agrees to maintain and promptly update the Subscription Data and any other information provided to us. If the Student provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the Student subscription, and if applicable, their user account, and refuse any and all current or future use and/or access by the Student to the Website and to the Studio.

(d)  With their initial payment the Student commits to either a one (1) lesson/workshop; a ten (10) lessons; a semester frequency (September- January, or and February - June); or an annual term dependent on the subscription chosen by the Student.

(e)  For the initial one (1) lesson; ten (10) lessons or annual term, the Student will then automatically be charged payment according to their agreed payment plan: every thirty (30) days, every six (6) months, or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase. 

(g)   In the event the Student fails to make any of the payments as outlined above, Artona has the right to immediately disallow services and benefits of the Membership until payment is paid in full.

(h)  The Student agrees not to assign, transfer or sublicense their rights as a subscriber.

(i)   Artona reserves the right to increase fees, or to institute new fees at any time, upon advanced notice communicated to the Student via email.

(j)   If the Student is cancelling the booked and confirmed via e-mail lesson in last 24 hour before the lesson takes place, the Student is obliged to pay 50% of the agreed fee. If the student is not appearing at the lesson which is booked and confirmed via e-mail, the Student is obliged to pay 100% of the agreed fee.

(h)  If the Student purchase package of 5 or 10 lessons with upfront payment and does not book any lesson in 3 (three) months periode of time, the rest of the lessons ( ''Membership'') gets automatically cancelled and the rest of the lessons expire. The Students has no right to the refund.

4. Limitation of Liability

By using Artona Services and purchasing the lessons, the Student accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The Student agrees that Artona will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. The Student agrees that use of this Membership is at user’s own risk

5. Jurisdiction and Dispute Resolution

If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

6. Entire Agreement

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

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