1. ABOUT NAKED LANDSCAPES AND SERVICE WE RENDER
NAKED LANDSCAPES is a marketplace operated by Private entrepreneur (FOP) KALININ DENYS IHOROVYCH (hereinafter referred to as «NAKED LANDSCAPES», «Marketplace» or «We»).
2. Definitions
NAKED LANDSCAPES website is https://karginaki.webflow.io/, which is owned and administered by Private entrepreneur (FOP) KALININ DENYS IHOROVYCH.Work – any painting, graphic, sculpture etc. submitted for publishing on the Marketplace.Artwork – any painting, graphic, sculpture etc. published on the Marketplace.Purchaser – a visitor of the website, who has expressed her/his interest in buying any of the Artworks.Order – a request of a Purchaser to buy certain Artwork(s) subject to terms and conditions specified on the Marketplace, which is made by creating a request via website.User – an Purchaser or any other visitor of the Marketplace.
3. If you are a potential Purchaser
3.1. Placing an order and its processing by the Marketplace
Once you have decided to buy some Artwork listed on our Marketplace, you shall choose the «Buy» option on the page where the Artwork is listed. To create an Order you shall complete an order form where you are to state your name, surname, email address, phone number with country code and full delivery address. We will process the order, and will contact you within 1–3 business days to confirm and start delivery process it.
3.2. Cancellation of an Order
We may be able to cancel your order in certain circumstances before your Order is dispatched by your request. Please contact us through customer support service via the contacts on the site as soon as possible for Customer Service to advise if cancellation is available.We also reserve the right to cancel any Order placed via the Marketplace if we have found out that the Artwork is out of stock or otherwise unavailable at the price listed via the Services, in such a case we will make a refund in 5 (five) working days if the payment was made.NAKED LANDSCAPES couldn’t provide Services to the Users if their jurisdiction of residence or operating is North Korea, Iran, Iraqi, Crimea, Cuba, Myanmar, Libya and Syria, as well as in USA and countries from USA, CIS countries and EU sanction lists. NAKED LANDSCAPES couldn’t provide Services to the Users specified in USA, EU and Lithuanian suction lists. The Users from these countries couldn’t use NAKED LANDSCAPES Services.
4. The terms and conditions of the Artwork sale via the Marketplace
4.1. Terms and conditions of payment for the Artwork
The payment for the Artwork may be made online via the Marketplace payment page or by wire transfer (account details are to be specified in the invoice issued by the Marketplace). Once the Order has been confirmed, the Purchaser shall make payment for the Artwork. Please keep in mind that the price for the Artwork specified on the Marketplace does not include packaging and shipping costs. The Marketplace will transfer the funds for the Artwork to the Artist after deduction of the commission fee and after the Purchaser’s confirmation of Artwork receipt in the agreed condition and the finish of the 14-days return period in accordance with cl. 4.3.All other alternative methods of payment for the Artwork, except the listed above, are to be discussed and agreed upon between the Marketplace, Artist and Purchaser on an individual basis.The Authors should receive a retainer at the rate of 65% of the price displayed on the site after the Artwork sale. But if additional costs are used for the transportation of paintings, discounts, packaging, commissions for payment transfers, then 65% is calculated from the final amount, after all costs.The Artists are solely responsible for payment of all taxes and fees in their country of residence relating to the Artworks selling, as well as for payments for Artworks delivery to the Purchasers.In case the Artist sent us the picture, we demonstrated it or forwarded it to the Purchaser, and the Purchaser refused to buy, so the Artwork was not sold, we should return the Artwork to the Artists. The Artist is obliged to return the money received in full, if he/she has received them previously, while we bear the costs of returning the Artwork to the Artist.
4.2. Delivery of an Artwork to the Purchaser
Marketplace may organize the delivery but it doesn’t have any liability regarding it. Thus, the Artist is solely responsibility for preparing the shipment packaging of the Artwork, for extra cost from the Purchaser. The delivery service is responsible for the delivery (subject by their Terms of Use). The Purchaser is responsible for receiving / not receiving the order in case of proper delivery.If the Purchaser does not pick up his order on time, he is charged payment for storage in the delivery service and / or the return of the Artwork to the Artist, taking into account the deduction of all payments for the remittance of money and Artwork.Delivery cost is calculated based on the carrier's tariffs, for more detailed information on shipping / payment please contact customer support service via the contacts on the website in order to get more information. The terms of delivery depend on the carrier's Terms of delivery and chosen shipment package of the carriers.The NAKED LANDSCAPES may apply a loyalty program related with delivery at their discretion, for example, it takes care of the shipping costs in Kyiv.In the process of Order confirmation, packaging and shipping details are also specified. The packaging and shipping costs are not included in the price for the Artwork and should be paid by the Purchaser with payment for the Artwork, if applicable.
4.3. Return Policy
Free returns are available worldwide for all Artworks within 14 days after the shipment is delivered at a pick-up point. The courier service is responsible for the delivery of the notice. If Artwork arrives damaged, the Purchaser shall send photos of these damages and the request will be processed by the Marketplace within one-two working days.Return conditionsArtworks must be returned from the original shipping country.Artworks must be in their original conditions.Please return an Artwork in the original packaging if it was not damaged.Please note that the money for the frame the Marketplace made for the Artwork is not returned as our framing service is bespoke for each Artwork.Refunds will be made to the account of the Purchaser from which the payment was made. We will process the refund as soon as possible, depending on payment method – within 7-10 working days (Monday to Friday excluding Lithuanian and Ukrainian public holidays) after we receive the Artwork back from you. Due to fluctuations in currency, exchange rates the amount refunded may be a bit higher or lower than the original price paid.Marketplace may organize the delivery but it doesn’t have any liability regarding it.Purchaser can’t make an exchange of the Artworks. Purchaser should make a refund of one Artwork firstly and then buy another one.In the case of return the Artist is obliged to return the money received in full, if he/she has received them previously.
5. Intellectual property rights
By submitting his/her works for review the Artist gives his/her consent for public display of such works on the Marketplace and therefore confirms that neither of his/her copyrights are violated by the Marketplace.By using our services, the Artists confirm that NAKED LANDSCAPES may use the photos of the Artworks in its any marketing materials (e.g., by posting on different backgrounds, in social networks, on site pages, etc.) without any additional agreements with the Artists and without prior notice.The Artist acknowledges and warrants that he/she is a sole and exclusive owner of the work and that he/she has all exclusive intellectual property rights to it. The Artist acknowledges that the work submitted does not infringe, violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. Customers can’t post the information in their Profile if this posting will violate the copyright of the third party.Nobody may copy, reproduce or make available to the public in any other way all content or any part of the NAKED LANDSCAPES’s content and services. Nobody may copy, collect, store, use and/or transmit the information (texts, photos, videos etc) from the website https://karginaki.webflow.io// or from the emails and other messages from NAKED LANDSCAPES, if it is not expressly permitted. Nobody, except NAKED LANDSCAPES’s representatives, may use the information posted by Customers without their explicitly indicated permission.
6. Personal data processing
The Marketplace may use the information provided by the Users under the Privacy Policy. By providing the private information, Users agree that NAKED LANDSCAPES may use this information in the way we need to make our services more appropriate. To learn what personal data is collected by the Marketplace and how it is used please see our Privacy Policy.
7. Disclaimer
The Services of the Marketplace are provided «as is» without any warranty, either express or implied. You use our Services at your own will and risk. We are not responsible for and are not obliged to check and control the information provided to us by the Users or third parties or to check how and when our Users use the Services we provide.We do not warrant that our services will be error-free, function without disruptions, delays or imperfections or will not be affected by computer viruses.By using the website https://karginaki.webflow.io// you agree that all deals (buying or selling) are carried out solely by you and you bear exclusive responsibility for their result.Website https://karginaki.webflow.io// may contain third party’s websites or services but we don’t own or control them. You may use these websites and services but you agree that NAKED LANDSCAPES has no responsibility for any results of this using. Users must understand that it is their own risk and liability. Third parties may use its own terms and conditions Users need to accept for using the services.Only Users are liable for necessary equipment and access to the internet for using NAKED LANDSCAPES service. In addition, Marketplace has no responsibility for consequences of equipment and internet use.NAKED LANDSCAPES may change provided Services, as well as suspend and terminate all or some of Services without advance notice at any time, for any reason. NAKED LANDSCAPES does not bear the responsibility for any consequences of these actions.
8. Indemnification
You agree to indemnify, and hold the Marketplace, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, reasonable legal fees, arising out of or in any way connected with your access to or use of the Services provided by the Marketplace or Marketplace Content; or your violation or alleged breach of these Terms; or any misrepresentation made by you (either on purpose or by accident).
9. Governing law and dispute resolution
The laws of Ukraine, without regard to conflict of law provisions, govern these Terms. Any claim or dispute, whether in court or in arbitration, unless they are resolved by means of negotiations or mediation, must be governed by the laws of Ukraine and be resolved in the courts of Ukraine.Whenever any complaint or dissatisfaction arises you may contact us as my.naked.landscapes@gmail.com.
10. Modifications to these Terms of Use
The Marketplace reserves the right, at its sole discretion, to modify, suspend or terminate these Terms and consequently the terms of Services provision, at any time and without prior notice. If we modify these Terms, we will immediately post an updated version of the Terms of Use on the Marketplace and can provide as a notice thereof to all the Artists cooperating with us. The Marketplace has no responsibility if somebody doesn't get an email with changes notification. By continuing to access or use the Services after we have posted an updated version of the Terms of Use on the Marketplace or have provided you with a notice of modification, you acknowledge that you agree to be bound by the modified Terms as from the date of its modification.