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The present terms and conditions (the “Terms and Conditions”) govern the conditions of use and the rights and obligations of the users (the “User”) of the website www.arctype.studio and consequently of all sub-domains (the “Website”) of Arctype ® / 1205 Geneva, Switzerland, (“Arctype ®”). The Terms and Conditions also govern the conditions of sale and delivery of the services proposed through the Website.
If the User does not wish to be bound by the Terms and Conditions set out below, he/she must not access the Website or any of its pages. Furthermore, the User who utilizes the services proposed through the Website confirms that he/she is at least 18 years old.
By entering and browsing the Website and its pages, the User acknowledges that he/she has read, understood and agrees to be bound by the Terms and Conditions. Any specific agreement relating to the services offered by Arctype ® supplements the Terms and Conditions. In case of a contradiction between the Terms and Conditions and a specific agreement, the provisions of the specific agreement shall prevail.
The Website is a platform offering the possibility to order personalized tintypes created by Arctype ® from digital images sent by the User or from Arctype’s photography database (also referred to as “products”). Tintypes are created by combining digital technology and traditional photographic processes, as described on the Website.
The User understands and agrees that a tintype is a personalized art creation. Each tintype is unique and cannot be duplicated. The same applies for tintype frames. The end result may vary from one photography to another. In particular, tintypes may be different from the original photography in terms notably of colors, proportions and features. This is part of the art creation process.
The User will not be able to use the services if the photography does not match the quality required by Arctype ®.
The authenticity of Arctype’s tintypes are attested by a certificate of authenticity which is shipped with the tintype order.
Tintypes may be ordered, upon availability, as provided on the Website and by Arctype ®.
The Website’s services are intended both to individuals and companies.
By entering and browsing the Website and its pages, the User acknowledges that he/she has read, understood and agrees to be bound by the Terms and Conditions. Any specific agreement relating to the services offered by Arctype supplements the Terms and Conditions. In case of a contradiction between the Terms and Conditions and a specific agreement, the provisions of the specific agreement shall prevail.
The Website is a platform offering the possibility to order personalized tintypes created by Arctype from digital images sent by the User or from Arctype’s photography database (also referred to as “products”). Tintypes are created by combining digital technology and traditional photographic processes, as described on the Website.
The User understands and agrees that a tintype is a personalized art creation. Each tintype is unique and cannot be duplicated. The same applies for tintype frames. The end result may vary from one photography to another. In particular, tintypes may be different from the original photography in terms notably of colors, proportions and features. This is part of the art creation process.
The User will not be able to use the services if the photography does not match the quality required by Arctype.
The authenticity of Arctype’s tintypes are attested by a certificate of authenticity which is shipped with the tintype order.
Tintypes may be ordered, upon availability, as provided on the Website and by Arctype.
The Website’s services are intended both to individuals and companies.
It is forbidden to upload content for which the User does not have any intellectual property or usage rights, or content of illegal or immoral nature or affecting Arctype’s values, including pornography.
Access to certain sections of the Website and to some Arctype ® services is subject to the prior creation of a user account (the “User Account”).
Each User must create a User Account which is personal and non-transferable.
Registration is open to individuals who are at least 18 years old and have full civil capacity, as well as to duly constituted and validly represented legal entities.
The User must keep the access to his/her User Account information – such as login and password – secret and is solely responsible for this. Arctype ® is not liable for unauthorized access to the User Account by a third party and the User must immediately inform Arctype ® of any unauthorized access. The User must also immediately inform Arctype ® if the User Account or the safety of the e-mail used is compromised in any way.
The User warrants that all information he/she provides to Arctype ® through the Website is complete, accurate and truthful. The User is required to keep his/her information up to date and to inform Arctype ® of any changes.
The admission of a User on the Website can be rejected at any time without any reason being given. In such a case, the User will be blocked from accessing his/her User Account.
Access to the Website or its services may be restricted at any time when necessary for security reasons or for the implementation of technical measures. No claim may be made by Users as a result of such restrictions.
The contract between the User and Arctype ® is concluded when the order is validated by the User on the Website. An e-mail confirmation shall be sent by Arctype ® to the User at the e-mail address communicated by the User. Arctype ® reserves the right to refuse the order without providing any reason. Should the order be confirmed, the price invoiced is the price stated in the order confirmation.
Product prices are indicated on the Website in CHF, incl. VAT. Users will receive a payment confirmation and billing information on the provided e-mail address. Shipping fees are indicated separately.
The Website offers the following payment methods:
Stripe, provided by Stripe Inc.(Stripe accepts all major debit and credit cards from customers in every country)
Users may use internationally recognized credit cards (such as Visa, Mastercard, American Express, JCB and Discover), as provided on the Website.
The User understands that the Website uses the payment services of a third party (Stripe) and that the terms and conditions (and any other relevant and applicable provisions) of such third party are applicable to this service.
Arctype’s products can be delivered to the countries mentioned on the Website, in particular Switzerland, the EU and the UK. Deliveries are made by postal services, according to their own terms and conditions, or by any other shipping method selected by Arctype ®. The transfer of risks passes to the User upon the conclusion of the order.
All orders will be delivered to the address and according to the indications given by the User. If the delivery information provided by the User is incomplete (e.g. incorrect address or impossible access), Arctype ® will contact the User. The new shipment will be at the User’s expense.
In the event of any damage incurred during the transport and delivery, or if no one is present to receive the order at the address indicated by the User, Arctype ® declines any responsibility for loss, damage (whether direct or indirect) or theft of the order.
The User agrees to inspect the order immediately upon delivery. Any complaint (e.g. wrong order, Defect as defined below) should be immediately addressed to Arctype ® at the following address: support@arctype.studio.
Possible delays in delivery shall not justify the cancellation of the sale, the refusal of the product or any compensation to the User.
The User does not have a right of withdrawal as the product is tailor-made and personalized for the User.
Except in case of a Defect, Arctype ® refuses any return of the product and does not offer any warranty. It is the User’s duty to immediately inspect the delivered product and to immediately notify to Arctype ® any situation of Defect, according to clause 4 hereabove. Should the User not notify any such situation to Arctype ® within a deadline of 7 (seven) days, the User shall be deemed to have accepted the product free of Defect.
Constitute – among others – a defect in the sense of the present article a missing item or broken item (unless this is due to transport), or an article that does not correspond to the original purchase (e.g. wrong size model, wrong picture, etc) (the “Defect”).
Do not constitute a Defect discrepancies in relation to the features of the original photography, previews of tintypes that do not correspond to a User’s expectations, colors, proportions, frame details, etc.. To give a few examples:
If the tintype ordered by the User presents a Defect, depending on the Defect, Arctype ® may agree to replace the defectuous tintype. A cash refund is excluded.
It is specified that the replacement of a tintype intervenes only if the tintype was handled properly by the User and the Defect was not caused by the User.
Under no circumstance, except in case of fraud or gross negligence, shall Arctype ®, its directors, officers, employees and other agents be liable, including in case of negligence, for any damages, loss or liability, including without limitation, direct or indirect, special, incidental, consequential damages, loss or liability in connection with the utilization of the Website and its services, the use of the tintypes and frames, the products and processes used to create the tintypes, the delivery, loss of certificate of authenticity, the sustainability of the tintype creation process, hacking of User’s Account, User’s impersonation or reliance on or use of or inability to use the information and services of the Website, or in connection any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if the User notifies Arctype ® of the possibility of such damages, losses or expenses. Furthermore, Arctype ® declines all liability for any manipulation of the User’s computer system by unauthorized third parties.
Arctype ® does not warrant the accuracy, adequacy, completeness or timeliness of the information and services available on the Website nor does it warrant error-free use of the Website.
Arctype ® does not guarantee that the Website will be available at any time or that it will meet the User’s requests, that access will be uninterrupted, that there will be no delay, failures, errors, omissions or loss of transmitted information, that no viruses or other harmful, contaminating or destructive properties will be transmitted or that no damage will occur to the User’s computer system. User is solely responsible for ensuring adequate data and/or equipment protection and backup and must take reasonable and appropriate measures to monitor for computer viruses or other destructive properties.
Links contained on the Website may redirect the User to third-party websites, which are neither owned nor controlled by Arctype ®. Access to these third-party websites is entirely at the User’s expense and responsibility.
Arctype ® is the creator and owner of all copyrights in relation the tintype creations. Some of the information available on the Website (including the logo, brand, design, text, software and other) is copyrighted or trademarked and is owned by Arctype ® or third parties. Nothing contained on the Website or as part of the services should be construed as granting any license or right to use any Arctype ® copyrights or trademarks, in particular for the images on the Website, trademarks or logos. Under no circumstances may the User acquire rights related to any software or materials by downloading or copying them from the Website. The User may save or print hard copies of pages and/or sections of the Website, provided that the User does not remove any copyright or ownership notices.
All property rights belonging to Arctype ® shall remain the sole property of Arctype ®. The property rights of third parties are expressly reserved.
All information and documents, including all photographies, made available to Arctype ® by the User will be kept confidential (the “Confidential Information”). Confidential Information may be disclosed to third parties, such as Arctype’s service providers to whom the disclosure of such information or documents is necessary to provide the services, as well as Arctype’s financial, legal or tax advisor. If such information is disclosed to a third party, Arctype ® undertakes to inform the said person of this confidentiality clause and to require him/her to comply strictly with it.
Any information and documents not made available on the Website, in particular any separate agreement, but made available to the User by Arctype ® will be kept confidential by the User and will not be disclosed to third parties.
Any communication between the User and Arctype ® can be conducted by e-mail, using the e-mail address indicated by the User in his/her User Account (or by registered mail, if necessary or required by law).
The User’s attention is drawn to the significant risks that may be incurred by the use of e-mails (hacking, viruses, message modification or delivery problems, etc.) and the confidentiality issues that may be generated as a result. The User is solely responsible for any risks inherent to the use of e-mails. Arctype ® cannot be held responsible for any losses that may result from this. Furthermore, Arctype ® declines all liability for any damage resulting from the use of e-mails or any other means of transmission, in particular in the event of loss, delay or modification.
Arctype ® is entitled to amend the present Terms and Conditions at any time.
The User will be notified, via the e-mail address associated with the User Account, of any modifications made to the Terms and Conditions and such modifications will fully apply if the User does not challenge them before using the Website and services.
Use of the Website is subject to Swiss law, which shall exclusively govern the interpretation, application and effect of all the above terms of use, without regard to the conflict of law provisions and to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG). The Courts of Geneva (Switzerland) shall have exclusive jurisdiction over any claims or disputes arising out of or in connection with the use of the Website, reserving the Federal Court.
This clause does not prevent the application of any Swiss mandatory law applicable to consumers.
Last update : 10.11.2022
