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TERMS AND CONDITIONS

Last update date: 05 March 2017

Welcome to Abode, a wholly owned brand of Synergi Investment Limited, a company registered in Seychelles with company number 059017. Synergi registered office is Suite 15, 1st Floor Oliaji Trade Centre, Francis Rachel Street, P.O. Box 1004, Victoria,Mahe,Seychelles.

To protect your own interests, please read the conditions carefully. If you are uncertain or have any questions or concerns, please contact our customer service at abode@art-abode.com before placing your order.

Abode is an online service for selling and purchasing original works of art by professional artists. By visiting and/ or using the art-abode.com (the Website), you agree to both these Terms and Conditions and to the Privacy Policy (the “Privacy and Data Protection Policy“), which is available at the bottom of this page. By placing an order and purchasing goods from the Website you enter into a legally binding agreement with us on the conditions, listed below.

DEFINITIONS

“We”, “Abode” means the team operating the art-abode.com website.
“The Website” means the entire computing hardware and software installation that is or supports Our Website, which can be found at art-abode.com;
“Artist” means the author of the original artwork, offered for sale on the Website;
“Collector” means the person who’s name is printed on the Order;
“Contract” means the order and Order Confirmation;
“Artwork” means the artworks which the Seller is to sell in accordance with these Terms and Conditions;
“Order” means the Buyer’s Order for Goods or services;
“Carrier” means any person or business, contracted by Abode to carry goods to the collector;
“Content’’ refers to any information on the Website, published by us, or anybody else with our consent

MODIFICATION

Abode reserves the right to modify these Terms and Conditions from time to time, without prior notice. If we modify these Terms, we will post the modification and update the “Last Update Date”. The Terms and Conditions that apply to you are those present on the Website on the day you order any Artwork.

ELIGIBILITY

In order to contract with Abode, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

PLACING AN ORDER:

After you, as a collector, place an Order on the Website, we will send you a confirmation e-mail, this will be an acknowledgement only and will not constitute acceptance of your order. Orders will only be accepted by us upon dispatch of the

Goods that you have ordered. We will confirm such acceptance by sending you a Dispatch Confirmation also by e-mail. The contract will be formed when we send you the Dispatch Confirmation, unless we notify you that we do not accept your Order or if you have cancelled it.

DESCRIPTIONS, AVAILABILITY AND PRICES:

Descriptions, weights and sizes indicated on the Website are approximate and may vary slightly. Accordingly, any such description shall not form part of this Contract. Although we make all reasonable efforts to display the colours of the Original Artworks accurately on the Website, because individual monitors display colours differently, Abode does not accept any liability in this regard.

The prices of the Artworks are the prices indicated on the relevant page of the Website. Abode reserves the right to change the prices set out on the Website, provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
The price of the Artwork does not include insured postage or packaging. The postage cost will be added to your Order, relative to the location, size and weight of the Artwork.

Whilst we try to ensure that all details, descriptions, and prices which appear on this Website are accurate, errors or discrepancies may occur. If we discover an error in the price or other description of goods which you have ordered, we will contact you as soon as reasonably possible and offer an option to either reconfirm the order or cancel it. If you choose to cancel and you have already paid for the goods, you will receive a full refund. You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Artwork appearing on our website.

TAXES AND CUSTOM CHARGES

In some cases, you as a collector will pay taxes and customs fees on Artwork you purchase, depending on which country the painting is shipping from and where it ships to.

In addition to shipping charges, you might also be responsible for paying international customs fees, determined by the country the artwork is being shipped to. Please check with your country’s customs office to determine what these additional costs will be prior to making a purchase.

TERMS OF PAYMENT

When you provide us with the details of you Payment Card and your shipping details and submit the Order, either through the Website, or other methods of communication, you confirm that the information you provided is true and accurate and that you are authorised to use the Payment Card.
We will not pass any of your personal information to any third party without your authorisation. Unless solely due to our negligence, we shall not be held responsible for any losses you may incur. If your card is used frequently you are entitled to cancel the payment and be reimbursed by the card issuer.
For more information about our Data Protection policy and payment security, please refer to the “Privacy and Data Protection Policy” section, that can be found below.

We accept the following payment methods:

  • Visa
  • Mastercard
  • Maestro
  • JCB
  • Bank  Transfer (Contact abode@art-abode.com for assistance with bank wire transfers).

DELIVERY AND RETURNS

We use several trusted carriers to ensure safe and efficient delivery at the best price.The following factors influence the total shipping cost: weight and dimensions of the work, the buyer’s location and the location of the Artwork. The type of packaging may also factor in the cost of shipping, which is in turn determined by the nature and dimensions of the work.

Please note that original paintings, that are stretched over wooden frames, can also be shipped without the frame, which can reduce the cost of shipping. To request shipping without the frame, please contact Abode with the name of the Artist and the Artwork at abode@art-abode.com.

You will be charged for the cost of shipping during check out. We currently have pre-estimated shipping to the UK and the US. Should you require shipping to any other country, please contact Abode with the name of the Artist and the Artwork at abode@art-abode.com.

You can find out the shipping cost by initiating the ordering process. If you are ordering from the UK or the US, when choosing one of these locations in your cart and clicking “Update Totals”. From there, you may choose to purchase the work or cancel the transaction.

Deliveries will be made by our appointed Carrier to the address that you provide in your Order. The times of delivery stated on the website are approximate and are not a part of this contract. We will notify you by e-mail as soon as the order is processed about the more precise delivery time, and provide you with the details for tracking your Order. We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. You must ensure that someone is present to accept delivery. Should you require urgent delivery, please contact us on abode@art-abode.com, and we will do our best to

Check the packaging carefully, when the representative of the Carrier is still present. Should you discover any evident damage to the packaging, please report it to the Carrier representative immediately.

If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery costs.

Abode offers a 7 days return policy, giving you the opportunity to confirm that you are happy with your Artwork. Please contact us at returns@art-abode.com within 7 days of receiving the Artwork to initiate the process of returning it. We require the returned Artwork to be shipped out by the Collector within three working days after confirming the return with us. Please do not ship the artwork before contacting us. All the Artworks that are being returned, are shipped at the Collector’s own risk and cost.

Abode requires that the Artwork be returned in the condition it arrived in, following the instructions that we will provide by e-mail. Please be aware that items that have been damaged since arriving with you will not be accepted. All Artworks must be returned in their original packaging (which you should retain for the purpose) and must be in an unused condition.

After the artwork is received either by the Artist or an Abode representative, we will reimburse the full purchase price of the Artwork in no longer than 30 days from the date of the receipt. If you do not return the Artwork, you remain liable to us for its cost. We are under no obligation to collect or recover Artwork from you, but if we do, our costs will be payable by you.

The return policy does not apply to any personalised Artwork made to the Collector’s specification (i.e. a painting made as a commission, artwork framed to the Collector’s request, etc).

DISCLAIMERS

We may post links to other websites on our Website, however, we have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such website, nor for any loss or damage arising from your use of any such website.

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Artw.

In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.

In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

COPYRIGHT

All the software and content, title, ownership rights, and intellectual property rights in the Content, made available to you through the Website, whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.

You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, including Content related to Artworks, or other information, in whole or in part.

You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.Abode requires that the Artwork be returned in the condition it arrived in, following the instructions that we will provide by e-mail. Please be aware that items that have been damaged since arriving with you will not be accepted. All Artworks must be returned in their original packaging (which you should retain for the purpose) and must be in an unused condition.

After the artwork is received either by the Artist or an Abode representative, we will reimburse the full purchase price of the Artwork in no longer than 30 days from the date of the receipt. If you do not return the Artwork, you remain liable to us for its cost. We are under no obligation to collect or recover Artwork from you, but if we do, our costs will be payable by you.

The return policy does not apply to any personalised Artwork made to the Collector’s specification (i.e. a painting made as a commission, artwork framed to the Collector’s request, etc).

FEEDBACK

We welcome and appreciate any feedback from you in regards to the Website and its contents. You may submit Feedback through our Social Media or by email at abode@art-abode.com. By doing so you agree that all such feedback will be the property of Abode, and Abode has the right to publish such Feedback in any media worldwide.

PRIVACY AND DATA PROTECTION POLICY

OUR COMMITMENT TO PRIVACY AND DATA SECURITY

At Abode your privacy and security is our priority.

1. About this policy

This Policy is aimed at protecting your privacy and explaining the choices you can make about the way your personal information is collected, stored and used in relation to our visitors, customers and members. By using the Website, you consent to the “Privacy and Data Protection Policy”, described below and warrant that all data provided by you is accurate. We keep your data confidential (unless your data is supplied for the purpose of being viewed by others, such as forum posts), and only use it and share it as detailed in this privacy policy. We will comply with the Data Protection Act 1998 and the General Data Protection Regulation in relation to your data. We do not sell your data to third parties.

2. What types of data we hold about you

The data and information we hold and process about you consists of the following:

a. Information about you:
• Your account information
• Your name
• Your contact details, including address, telephone, mobile, fax, own website, and e-mail.
• Your account information, including each membership and other account you have registered for with us.
• Your account log-in details, including username and password.
• Your address book entries, including other shipping addresses that you provide.
• Any contact details and messages you provide when recommending a friend.
• Your account preferences and other account information.

b. Information relating to your orders
• Your purchase transactions
• Your purchase orders
• Your payment information and payment history
• Order delivery, fulfilment and returns information.

c. Your activity online
• Your content
• Your professional artist information, including, but not limited to personal details, galleries, portrait, biography, exhibitions, awards, tuition, media, and subjects.
• Messages that you exchange with other members using any service provided by us.
• Any other content that you supply.

d. Administration Information
• Communications between you and us, including queries, problems, support, and survey responses, and including via e-mails, web-forms, and telephone.

e. Our web servers automatically collect only the following non-personally identifiable information, that your browser sends to us, even if you do not join or register with us:
• Web browser information including your browser brand and version (e.g. Internet Explorer, Firefox, Safari, Opera, Chrome),
• Operating system (e.g. Microsoft Windows, OSX, Android)
• IP address (a unique identifier allocated to your computer for your connection to the internet).
• Information relation to your use of our website, including where you visited our website from, and what pages you visit on our website.

• the number of colours your screen is displaying

  • the URL you clicked on to get here

3. How we obtain your data

We obtain your data through a variety of means, including:

a. Forms you fill in / data you provide.
• From forms which you complete and submit on our website
• From printed forms which you obtain from our website or us
• Data we collect face-to-face, or by means of e-mail or telephone

b. Other information you supply
• From the data, information and images you post, upload or otherwise provide to our website, including our forum.
• From any other information you supply from time to time, including through telephone calls, emails and other communications between you and us.
• From any information supplied by other users of our site and other customers.

c. Generated Information
• From information generated by us as a result of dealings, transactions and communications with you, including supplying any goods or services to you, providing the functionality of our website, operating competitions, and dealing with queries, support requests and complaints.

d. Technical Information
• From information which is automatically supplied by your web-browser when you visit our website.
• From information recorded by our server when you view any page on our website.

4. Data uses

INFORMATION USE AND SHARING

Your email address is used to send you your order confirmations. We do not sell, rent, lend or in any other way release your email address or any other information to organisations, that are not connected with Abode.

We use your data for the following operational purposes:

a. Operate and improve our services
• To provide our website and its features and functionality.
• To analyse the performance of and improve our website.
• To keep you informed with status or other administrative notices.

b. Abode uses the information you provide when placing an order only to process and complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
• To perform each order from you for the supply of goods and services.
• To collect payments due from you.

c. Provision of membership accounts
• To provide, administer and manage your accounts and the associated services included in those accounts.
• To collect payment of all account fees.
• To pay commission on sales to artists.

d. General administration
• To monitor our staff.
• To communicate with you for administrative and support purposes.
• To manage complaints, disputes and claims.
• To enforce our contracts and terms and bring claims.

e. Marketing e-mails and communications
We will also use your data to send you marketing materials and newsletters relating to our website, products, services and events, but only where you have consented to this through the appropriate setting in your website account, and you have not withdrawn your consent. You may change your consent by adjusting the appropriate setting or informing us through our contact details.

f. Data we hold on you is done so on our secure computer servers. We hold this data to ensure that we are able to manage your account and provide details to you on previous purchases, wishlist items and your account preferences. If you require us to remove this information, please see section 10 of this Policy.

5. Who we disclose your data to

a. Public Data
Where, as part of the functionality of our website or as part of any service, competition, or event we provide or run, it is envisaged that certain of your data will be made available to the public in general, or to other members, then we may make that data available on such basis. For example, your forum posts, elements of your profile and professional-artist information, your galleries, tuition etc, may be made public. We will make it clear to you in our website, or in our communications with you, which elements of your data will be made available in this way. If our website settings allow you to control what elements of your data are made public, then we will honour the settings that you select.

We may share with individuals and third parties certain pieces of non-personal information, such as the number of users on the site, or how many users have viewed a profile or clicked on a particular piece of artwork. Such information will never identify you individually.

b. Our contractors and suppliers
Where we use third parties to provide or supply any part of our website or any goods, services, events, insurance or other things, or to enforce or administer any contracts or terms, then we may provide your data to them as reasonably required for those purposes, including to the artists from whom work is purchased from, delivery agents, payment processors, and insurers.
Your data may be held by them as data processor on our behalf, in which case we will remain the data controller, and your data will only be held and used by them on our behalf and in accordance with our instructions and this policy. Your data will also only be held or as long as it is required to undertake their services, after which time it will be securely removed from their systems.
In some cases, your data may need to be provided to them to be used by them for their own purposes, as data controller, where this is reasonably necessary, for the purposes of provision of any goods, services, insurance, event etc. by them. In such case, they should inform you separately that they are holding your data as data controller.

c. Legal requirements
We may supply your data to a government authority where required to comply with a legal requirement, for the administration of justice, or where reasonably required to protect your vital interests.

d. Claims handling
We may disclose your identity to any third party who is making any claim against us in relation to any of your data that you have posted or uploaded to our website, including where it is claimed to breach their rights or privacy.

6. Where we process your data

We and our contractors and suppliers normally store and process your data in the United Kingdom and other European countries. However, we and our contractors and suppliers may from time to time store and process your data elsewhere, including outside the European Economic Area. This may be because our contractor or supplier who carries out any order fulfilment or payment processing, for instance, may be based elsewhere.

If your data is to be stored or processed outside the European Economic Area, we will comply with, and take all reasonable steps to ensure our contractors and suppliers comply with, the rules under the Data Protection Act 1998 and General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) for processing personal data outside the European Economic Area.

7. Data security and preventing unauthorised access

a. Our security measures


We will take and use reasonable endeavours to ensure our contractors and suppliers take all reasonable steps and implement all reasonable measures, to keep your data secure and prevent unauthorised access to your data (except for those parts of your data intended to be made available to the public or other customers or members of ours, such as your public profile, forum entries, gallery etc.), and to prevent accidental loss or damage to your data.

b. Your passwords
You are responsible for keeping your username and password log-in details confidential and we would ask you not to share them with anyone.

c. Information Security Policy
All employees are responsible for ensuring confidentiality of sensitive information. Abode recognises the importance of information security. The primary purpose of our information security is the protection of services to members and customers, and the customer information we are supplied with. It is the company’s aim to ensure that customers have confidence in our information security and are safe in the knowledge that we are responsive to their security concerns.

Abode will adhere to all the requirements of PCI DSS in protecting customer card details. Everyone within Abode has an important role to play and each member of staff has their own specific tasks and responsibilities. We expect our core behaviour of professionalism and customer focus to be reflected in our protection of customer information. We support staff efforts to secure information through policies, and staff training and awareness activities.

This policy is subject to review annually to ensure that at a strategic level it addresses the evolving information security threats and objectives needed for the organisation to be successful.

d. Payment Card Security

Your payment card details will never be registered, stored or saved on the Website. We have put in place the latest available appropriate software to protect and secure the information we collect. When you place an order with us online, all transactions are done through a secure encrypted channel.
Abode process payment cards through highly secure World Pay payment system.

Although we do our best to ensure protection of your personal information, please be aware that no data transmission over any wireless network can be completely secure, therefore we cannot guarantee the safety of any information you transmit on or through the Website, and you do so at your own risk.

We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

8. Cookies that we use

Cookies are small text files which a web page can save on your computer and read at a later date. We use cookies only where necessary for the purposes of the technical operation of our website, including for managing log-ins, shopping baskets, transactions and other functions of our website. We use cookies to improve the quality of our service, including storing of user preferences, improving recommendations and tracking user trends.

The table below lists the cookies we collect and what information they store.

COOKIE name

COOKIE Description

CART

The association with your shopping cart.

CATEGORY_INFO

Stores the category info on the page, that allows to display pages more quickly.

COMPARE

The items that you have in the Compare Products list.

CURRENCY

Your preferred currency

CUSTOMER

An encrypted version of your customer id with the store.

CUSTOMER_AUTH

An indicator if you are currently logged into the store.

CUSTOMER_INFO

An encrypted version of the customer group you belong to.

CUSTOMER_SEGMENT_IDS

Stores the Customer Segment ID

EXTERNAL_NO_CACHE

A flag, which indicates whether caching is disabled or not.

FRONTEND

You sesssion ID on the server.

GUEST-VIEW

Allows guests to edit their orders.

LAST_CATEGORY

The last category you visited.

LAST_PRODUCT

The most recent product you have viewed.

NEWMESSAGE

Indicates whether a new message has been received.

NO_CACHE

Indicates whether it is allowed to use cache.

PERSISTENT_SHOPPING_CART

A link to information about your cart and viewing history.

POLL

The ID of any polls you have recently voted in.

POLLN

Information on what polls you have voted on.

RECENTLYCOMPARED

The items that you have recently compared.

STF

Information on products you have emailed to friends.

STORE

The store view or language you have selected.

USER_ALLOWED_SAVE_COOKIE

Indicates whether a customer allowed to use cookies.

VIEWED_PRODUCT_IDS

The products that you have recently viewed.

WISHLIST

An encrypted list of products added to your Wishlist.

WISHLIST_CNT

The number of items in your Wishlist.

9. Communication

When you send us emails or other communications, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.

10. Your rights

a. Access to your data
You can see most of your data through your account web pages when logged in on our website. Under the Data Protection Act 1998 and General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), you are entitled to a copy of all personal data we hold about you. If you would like to exercise this right, please contact us via email at abode@art-abode.com, requesting a Subject Access Request Form.

b. Your right to stop marketing messages
If we are sending you marketing literature (including paper-based and electronic messages), you have the right to ask us to stop doing this. Please contact us using our contact details above, or click “unsubscribe” in the e-mail, which we always include.

c. Your right to stop use causing distress
You have the right to ask us to stop using any data for any purpose where that purpose is causing you substantial distress. If you have any concerns regarding our use of your data, please contact us using our contact details in this policy.

d. Your right to alter inaccurate data
You are entitled to ask us to change, erase, block or modify any inaccuracies in your personal data, by contacting us using our contact details above. We will respond to these requests within one month. In most cases you can do this yourself though your account web pages on our website, which let you change and update your data.

e. Your right to revoke consent at any time
You have the right to withdraw consent for us to use your data at any time. If this withdrawal means we are not able to provide a service to you, we will advise of this at the time of withdrawal.

f. Your right to erasure
If you wish to have all of your data that is held by Abode erased, you should contact us on the details above, to which we will respond within one month.

11. Third-Party Websites

Links to third-party websites may appear on our website. Such third-party websites are not our responsibility, we do not endorse them and you visit and use them at your own risk. If you supply any data to them, you should read their own privacy policy.

12. Changes to this policy

We may at any time change this privacy policy by publishing a new version on our website. We will not be required to inform you of this. You are responsible for regularly reviewing our website stay up to date with the latest version of this policy. By continuing to use our website and services after any such change you will be considered to have accepted the change.

13. Legal status of this policy

This privacy policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party other than such rights as already exist by law separately to this privacy policy.

14. Meaning of words we use in this policy

In this policy:

• personal data means any of your data which constitutes personal data under the Data Protection Act 1998 or General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), and in relation to which you are the data subject.
• we, our and us means Abode, trading as art-abode.com
• you and your means you our guest, visitor, customer or member, including anyone who visits our website, registers for an account with us, purchases anything from us, uses our website forum, enters any competition through our website, registers for a professional account and becomes a full member of ours, any affiliated club and its members and any regional co-ordinator.
• your data means all data and information which you supply, or we otherwise hold, obtain, generate or process in relation to you from time to time, as further detailed in this policy.
• service means any service provided by us, whether free or paid-for, including our website any service, feature or functionality of our website.
• website means our internet website whose address is https://www.art-abode.com and any additional or replacement website from time to time that we operate.

15. Prohibitions

You must not misuse the Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, or post any other material which is malicious, technologically harmful; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Abode will report

any such breach to the relevant law enforcement authorities and disclose your identity to them.

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