Terms & Conditions
1. When ordering a product, or other services such as special assignments / commissions and similar, the buyer accepts the following terms and conditions.
2. All forms of written correspondence such as e-mail, Facebook, other Social Media and the like may be used to obtain orders and agreements and are legally valid if necessary.
3. On sale of products the full amount during the order is to be paid, unless otherwise agreed.
4. By failure of payment, products are not provided and restrictions can be given not to use any products delivered or its services. This prohibition of use cannot give rise to any compensation.
5. Receipt of invoices is to be expected by delivery order. The customer must check the invoice for any inaccuracies. In case of any errors please contact the artist* as soon as possible.
6. Prices on invoices and the like are expressed in euros (EUR) and include taxes and VAT, unless stated otherwise. Prices do not include shipping costs, import duties & fees,
unless otherwise agreed / stated otherwise. All prices on the website and through written correspondence are subject to misprints. For the consequences of misprints no liability is accepted.
7. Returns of orders is possible until 30 calendar days after receipt, transmission and (possible) expenses are not reimbursed, unless otherwise agreed.
8. Complaints must be received written and within 14 calendar days upon receipt of the invoice and order, otherwise the delivery is regarded as accepted.
9. Certain international orders that may have possible customs, import and / or other additional costs are the responsibility of the customer.
10. The delivery time of all services (services and products sales) are indicative but not binding. In no case can delay in delivery entail price reduction, any compensation or termination / cancellation of the order agreement, unless agreed otherwise.
11. The artist* is not liable for any harmful and illegal use of the delivered services / products by the customer / client or by third parties.
12. The copyright on the created product is always full and authentic property of the artist*.
13. A specified license is granted to the customer / client, which is, however, for private use and may not be passed, modified or resold without the written permission of the artist*. Any form of publication and any photographic image(s) of a work of art or artist must clearly mention the name of the artist and website (Alicia McLuna, www.avl-studio.com).
For commercial use (advertising, websites, printed materials, and the like) written permission should be asked of the artist*. Any use of photographic / visual work that has not been agreed in writing, shall be considered a copyright infringement of the artist*.
If permission to use a photographic image of one or more works of art of the artist* is granted, it only includes the right to one single use, in original form and for a purpose, circulation and method of the artist* in facing the agreement envisioned.
If the reproduction rights are abandoned, that distribution is only agreed after the negotiated price has been paid. If permission is given for use in electronic or other image manipulation, the result may be used following express permission from the artist*. In contravention of the use- or reproduction rights or breach of the agreement, the attribution is charged 300% of the prevailing rates without losing any right to compensation for other damages (including the right to compensation for all direct and indirect damages and all actual judicial and extrajudicial costs).
14. The artist* cannot be held liable in any way for indirect damage arising from any use or performance of the services, such as lost profits or loss of data. In direct damage, the responsibility of the artist* is limited to the fee paid by the customer for the service that caused the damage. In no circumstances can the artist* be held responsible for cases of damage or loss caused by printing, a defect in manufacturing, airport x-ray control, loss at airport, postal or courier services, etc. In the instance the artist's* liability is agreed, the compensation cannot exceed more than the total amount of the contract in question.
15. The content of the website (www.avl-studio.com), including brands, logos, designs, data, product or company names, texts, images, photographs, etc. are protected by intellectual rights and belong to the artist* and / or entitled third parties.
16. The information on the website is of a general nature. The information is not adapted to personal or specific circumstances and therefore cannot be considered as personal, professional or legal advice to the user. The artist* makes every effort to ensure that the information and prices made available are as complete, correct, accurate and up to date as possible. Despite these efforts, errors may occur in the information provided. If the information provided contains inaccuracies or if certain information is unavailable through the website, the artist* will make an effort to rectify this. The artist* cannot be held liable for direct or indirect damage arising from use of the information on this website. If you discover errors in the information that is made available via the website, you may contact the artist*.
17. All contents of the website (www.avl-studio.com) can be changed, amended or supplemented without prior notice at any time. The artist* does not guarantee the correct functioning of the website and can in no way be held liable for malfunctions or temporary (un)availability of the website or for any damages that may arise from access to or use of the website. The artist* can in no case, direct or indirect, special or otherwise be liable for damages resulting from the use of this site or another, especially as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, hardware, software or other of the user.
18. The website www.avl-studio.com may contain hyperlinks to websites or pages of third parties or partners, or refer to said third parties or partners. Placing links to these websites or pages does not imply an implicit approval of their contents. The artist* expressly states that it has no control over the content or other characteristics of these websites and cannot be held liable in any way for the content or features thereof or for any other form of damage caused by such use.
19. The website (www.avl-studio.com) and product details are accessible without providing personal information, on occasion the user can be asked for personal information.
This information will only be used for purposes consistent with the service. The user can, free of charge and upon request, oppose the use of his / her data for direct marketing.
To this end the user will turn to the artist*. The user has a legal right to access and correct his / her personal data. At the request of the user, personal information can be removed or changed by providing a proof of identity (copy of identity card / passport) accompanied by a written, dated and signed request to the artist*.
21. Information Collection
For any placement of (an) order(s), you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product that you are ordering. You may also choose to provide me with additional personal information (for a custom order, for example), if you contact me directly.
22. Information Use
I rely on a number of legal bases to collect, use, and share your information, including:
· as needed to provide my services, such as when I use your information to fulfil your order, to settle disputes, or to provide customer support;
· when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
· if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
· as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services.
23. Information Sharing and Disclosure
Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:
· Service providers. I engage certain trusted third parties to perform functions and provide services for my business, such as delivery companies or third party webshops/ selling platforms. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
· Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.
· Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.
24. Data Retention
4 years. This period of time resets upon renewed contact.
25. Transfers of Personal Information Outside the EU
I may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, I may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If I am deemed to transfer information about you outside of the EU, I rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.
26. Your Rights
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:
· Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
· Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
· Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
· Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
27. For purposes of EU data protection law, I* am the data controller of your personal information. If you have any questions or concerns, please contact me via the contact web page on this website.
*AvL-Studio; Alicia McLuna | abbr. for: Alicia McLean van Loenhout | contact |