Welcome to Karen Noack Art. These Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and Karen Noack dba Karen Noack Art (“Karen Noack Art” or “we” or “our” or “us”) that governs your access to and use of our website, products, and services (collectively, “Services”). By accessing or using our Services in any way, you agree to these Terms of Use (“Terms”). If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.

1. Basic Terms

1.1. By using our Services (i.e. placing your order) and navigating our website you agree to be bound by these Terms and conditions as permitted by law. Please notice you are only allowed to use our Services if you are a person over the age of eighteen (18).

1.2. For information about our privacy practices, please see our Privacy Policy, which can be viewed at https://www.karennoack.art/privacy. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms. Karen Noack Art is a small online business that have adopted the General Data Protection Regulation (GDPR) to govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. To learn more about the GDPR, we encourage you to access the European General Data Protection Regulation at https://gdpr.eu/.

1.3. You will need to register for a client account at Karen Noack Art in order to use some of our Services (i.e. our website store). You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.

1.4. You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services. Events outside our control shall be considered force majeure.

1.5. You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for a client account at Karen Noack Art or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. Events outside our control shall be considered force majeure. If at any time you would like to withdraw your consent to receive emails, please use the “unsubscribe” button on the email or contact us at info@karennoack.art with the subject “Privacy” to do so. However, it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.

1.6. All sales are final. Please make sure to take your time before making a purchase. How we perceive art is very personal, if you are planning to make a purchase for someone else, please consider letting your gifted one choose the piece of art he/she prefers and resonates with. If you want to make a purchase for a surprise gift, please consider buying a Gift Token. This will ensure a perfect artwork-owner match and your gifted one happiness!

1.7. Shipping costs and applicable tax fees are calculated at the checkout and displayed before confirming the purchase. The price applicable is that set at the date on which you place your order. An email will be sent with the shipping confirmation and tracking number once your artwork has left.   

1.8 Use of the website. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Karen Noack or other employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

1.9 Karen Noack Art reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Karen Noack Art, at its sole discretion.

2. Limitation of Liability

2.1 We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Karen Noack Art has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

2.2 Please notice that Karen Noack Art is not responsible for any charge incurred or related to additional duties, customs or other taxes, import duties or any fee that may be locally requested ones the shipment reaches the destination country or area of delivery.

2.3 Typographical errors. In the event that a product is mistakenly listed at an incorrect price, Karen Noack Art reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Karen Noack Art reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Karen Noack Art shall issue a refund to your credit card account in the amount of the incorrect price you´ve already been charged for.

2.4 Indemnification. You agree to indemnify, defend, and hold harmless Karen Noack Art, its owner, officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

3. Warranty Disclaimer

3.1 This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Karen Noack Art disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

3.2 Karen Noack Studio does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Karen Noack Art does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

3.3 Except for commission work, all other items are ready to ship within 1-3 business days, and delivery typically occurs 3-7 business days from the ship date; please notice that international shipping can take up to a few weeks. Most small items are shipped via Correos España or DHL, larger items may be shipped using a different carrier which will be informed to you once your artwork is shipped. The buyer is responsible for providing an address that these carriers recognize as a deliverable address. Unfortunately, we have no control over a shipment once a package departs our facilities. While we´ll do our best to guarantee a happy experience, Karen Noack Art is not to be held responsible for any issues with delivery for reasons out of our control (i.e. inaccurate address provided to us, issues within the shipping company such as delayed items, damages or lost packages, or extraordinary circumstances such as epic snowstorms, natural disasters, or any other extraordinary circumstance that causes unforeseen interference with carrier routes). In the event of an inconvenience, please contact us at info@karennoack.art with the subject “Shipping issue”.

4. Copyright

4.1. All Content of Karen Noack Art and its related social media accounts (i.e. Instagram) is copyrighted and owned by Karen Noack as the author, and it’s protected by European and international copyright laws, trademark laws, and/or other proprietary rights and laws. You must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission or agreed licencing agreement from us.

4.2. Any commercial exploitation of any image or other content of Karen Noack Art without express prior written permission from us, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.

4.3. The sale of the all artwork, whether made “as is” or commissioned, does not include, in any case and under no circumstance, any transference of any right over such artwork to the buyer/collector, either an individual or entity. The artist retains all copyright over the artwork, including the right to make copies of their work, distribute those copies, perform or display the work publicly, or make works that derive from the original. Karen Noack reserves all reproduction rights, including the right to claim statutory copyright in the work.

5. Additional Information

Karen Noack Art reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. At the event of a product being sold out, Karen Noack Art has the right to cancel the order and refund any amount paid by the potential buyer. Karen Noack Art shall also notify the customer of equivalent replacement products if available.

While these Terms and conditions assure a mutual understanding, your satisfaction is important to Karen Noack Art. If you have any question, inquiry or complaint, please contact us at info@karennoack.art or use our Contact form to get in touch. Thank you.

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