TERMS & CONDITIONS

Terms of Use. Gianna DiBartolomeo (“Artist” or “Seller”) is the author, creator, and owner of all right, title, and interest in the original works of art (hereinafter “Work(s)”) and retains the exclusive right to make copies, prepare derivative works, sell or distribute copies, and display the Work(s) publicly. The Artist provides a service for the sale and purchase Work(s) (hereinafter “Services”) hosted on Tictail AB, org. no 556838-0082, (“Tictail") accessible at www.GiannaD.tictail.com, www.GiannaDiBartolomeo.com, and www.GiannaD.com (collectively referred to as “Sites”)(hereinafter the Artist and Sites are collectively referred to as “GiannaD”) wherein Tictail provides an online e-commerce platform for the Sites and Services. The following Terms and Conditions and Return Policy, which is incorporated by reference (collectively "Terms" or “Agreement”) are legally binding and govern your use of the Sites and Services. You acknowledge and agree that by accessing or using the Sites or Services, you consent that you have read, understand, and agree to be bound by these Terms. If you disagree with the Terms, do not use the Sites and Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Listing Price. Prices for the Work(s) (referred to as the “Listing Price”) will be specified on the applicable listing. The Listing Price does not include shipping and handling charges or any applicable taxes (defined under the heading “taxes”), if any, for which you are responsible. GiannaD is not responsible for typographical errors regarding price or any other matter.

Your purchase of the Work(s) does not include copyright interest, reproduction rights, or other intellectual property rights.

Taxes. GiannaD will charge applicable sales tax on total merchandise, including shipping & handling fees, where applicable, for orders shipped to Florida.

Payments. All transfers conducted through GiannaD are handled and transacted through third party dedicated gateways (“Payment Service”) to guarantee your protection and all information is handled over SSL encryption. Please refer to the policies of the Payment Service to learn more about how they collect, store, use and protect your personal information.

In order to purchase Work(s), you must choose a payment type and provide the appropriate payment details (“Financial Information”), you (i) represent that GiannaD and/or Payment Service are authorized to use the Financial Information and that it is true and accurate; (ii) authorize GiannaD and/or Payment Service to charge the you for the Work(s) and the charges incurred by you will be honored by your financial institution or credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Further, you agree to provide GiannaD and/or Payment Service with updated Financial Information upon GiannaD’s and/or Payment Service’s request and any time the information earlier provided is no longer valid.

Shipping. At present, GiannaD ships only to the continental United States. All shipments are insured and usually ship within 7 to 10 business days after your transaction is approved and payment has been received. Note that all orders are subject to verification and acceptance before shipping. GiannaD is not responsible for typographical errors. GiannaD will send you a confirmation email once your order is processed. The estimated delivery times are 2 to 3 business days for orders shipped within the continental United States.

Unclaimed Packages. GiannaD reserves the right to charge a handling fee which will include, but is not limited to return shipping, any freight carriers’ administrative costs, and a restocking fee for packages that are not cashed at your post office within fourteen (14) calendar days.

Color and Uniqueness. GiannaD uses reasonable efforts to display as accurately as possible the colors of the Work(s). The actual colors you see will depend on your computer monitor, and GiannaD cannot guarantee that your monitor’s display of any color will be accurate and disclaims all liability in this regard. Due to the original nature of the Work(s), unique variations will occur from one piece to another and should not be construed as a defect.

Acceptance and Order Cancellations. GiannaD, in its sole discretion, reserves the right to refuse or cancel any order. In such event, any payment made by you related to such order will be reimbursed to you.

Proprietary Rights. GiannaD, as author, retains all copyright interest, reproduction rights, and other intellectual property rights. Note that your purchase of the Work(s) does not include copyright interest, reproduction rights, or other intellectual property rights. The Work(s) are the exclusive property of GiannaD and protected by copyright, trademark, patent and other proprietary rights and laws. Except as expressly authorized in advance by GiannaD, you may not reproduce, modify, rent, lease, loan, sell, distribute or create derivative works of the Work(s), in whole or in part.

Privacy. GiannaD is committed to safeguarding your privacy online. The personal information you provide to GiannaD is used to process and verify orders, ensure delivery, and provide you with updates regarding your order. GiannaD may also use your contact information to provide updates, advertisements, discounts, and offers. GiannaD does not sell or rent your personal information to third parties for marketing purposes and will not release such information unless required to do so by law.

Cookies. Cookies (defined as anonymous information stored by your web browser on your computer) are used by GiannaD to recognize you when you return to the Sites, remember what is in your cart, and learn how you navigate through the Sites. Although you may choose to remove or reject cookies, certain features of the Sites and Services may not function properly without the aid of cookies.

Electronic Communications. You consent to receive communications from GiannaD by email. You agree that all agreements, notices, disclosures, and other communications that GiannaD provides to you by email satisfy any legal requirement that such communications be in writing.

Security. GiannaD takes reasonable precautions to protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction

Limited License. GiannaD grants you a limited, revocable license to access and make personal use of the Sites and Services as a GiannaD customer and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. Any use of the Sites and Services that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Indemnity. You agree to defend, indemnify, and hold GiannaD harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Sites and/or Services or any violation of this Agreement by you.

Modification. GiannaD reserves the right to, at its sole discretion, modify, discontinue, or terminate the Sites and Services or modify these Terms, at any time and without prior notice. For this reason, GiannaD encourages you to review these Terms whenever you use the Sites.

Eligibility. By using the Sites and Services, you acknowledge, represent, and warrant that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this legally binding Agreement.

Third-parties. GiannaD may contain links to third-party websites or resources that are controlled and maintained by others. GiannaD does not warrant and is not liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Any link to such websites or resources does not imply any endorsement by GiannaD of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Disclaimers and limitations of liability. While GiannaD attempts to provide complete, accurate, and current information on the Sites and Services, GiannaD does not warrant that any information on the Sites and Services, including, but not limited to descriptions of the Work(s), promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction at any time without notice.

You assume all responsibility and risk with respect to your use of the Sites and Services, which is provided "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GiannaD EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GiannaD MAKES NO WARRANTY THAT THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GiannaD MAKES NO WARRANTY REGARDING THE CONFORMITY OF OR QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GiannaD OR THROUGH THE SITES OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

GiannaD does not accept responsibility that the Sites and Services, its servers, or emails sent from the Sites are free of viruses or other harmful components. You agree to defend, indemnify, and hold GiannaD harmless from and against any claims, liabilities, damages (including but not limited to direct, indirect, incidental, punitive or consequential damages), losses, and expenses, including, without limitation, attorney’s fees and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, GiannaD content, or your violation of these Terms. Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.

Waiver. GiannaD’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.

Force Majeure. GiannaD will not be responsible for failure to fulfill any obligation due to causes beyond GiannaD’s control.

Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without GiannaD’s express prior written consent.

No Third-party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person(s) other than the parties.

Relationship of the Parties. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and GiannaD.

Entire Agreement. These Terms, including the Return Policy, constitute the entire and exclusive understanding and agreement between GiannaD and you regarding the Site and Services. These Terms supersede any and all prior oral or written understandings or agreements between GiannaD and you regarding the Site and Services.

Severance. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision will be severable and will not affect the validity and enforceability of any other provision.

Interpretation Rules. When “or” is used in a group of phrases or nouns, the intention is to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of items, the list is not exclusive. All headings used in the Terms are for convenience only and have no legal or contractual effects.

Reservation. GiannaD reserves all rights not expressly granted in these Terms.

Contact. Any questions in regards to these Terms should be sent to info@GiannaD.com.

Last Updated March 8, 2015

copyright © 2015 Gianna DiBartolomeo