Agreement to Terms of Use
Fucci (hereinafter “the artist”) operates a platform for the sale of art in limited edition (hereinafter referred to as “product”) at http://fucci.ca (hereinafter “website”), with artist acting as seller and contracting party. The business relationship between the artist and the ordering party shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the ordering party shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with the artist. With the placement of the order the ordering party agrees with these Terms and Conditions and accepts to be bound by them.

 

Products
Products will be produced after placement of and according to the order of the ordering party. With the placement of the order the ordering party expressly acknowledges that the quality of the product depends on the material specified on the website and that due to the production and printing methods, minor variations in colour, format and in the quality of material used may occur compared to the samples displayed on the website. With the placement of the order the ordering party also expressly acknowledges that product will inevitably be subject to a product-specific and natural change (e.g. bleaching) which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the product is consistent with the terms of the contract and, especially, do not render them defective. Please be sure to carefully review your order before checking out. All sales are final.

 

Prices and Shipping
All prices on this website are listed in US dollars (USD). USA and International bound orders are shipped via USPS. Canadian orders are usually shipped via Canada Post. However, in certain circumstances, items may be shipped via USPS. 
 

Conclusion of Contract and Delivery
The ordering party will receive confirmation of receipt of the order. Orders are executed within 2 weeks after their receipt. Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery cannot be ruled out. Should artist not be able to execute an order within 2 weeks because the ordered products are not available, or should the artist not accept an order for any other reason, the artist will promptly give notice to the customer and will refund any payments already made by that customer.

 

Payment
Payment of the purchase price shall be made using any of the credit cards indicated on the checkout page of the WEBSITE.

Warranty and Liability
Unless otherwise provided below, the statutory warranty and damages provisions shall apply. The artist disclaims any liability for the variations and changes referred to in Section 2 of these Terms and Conditions. In case of damaged or incomplete deliveries, a confirmation of the deliverer must be obtained. Should the products be defective upon their arrival at the ordering party despite flawless packaging, the ordering party shall promptly notify artist. Defective products shall be returned to artist in their original packaging. artist shall not be liable for either technical failures during the operation of the website, or for any content on the website or on hyperlinked websites, or for damage caused by having visited the website or any of the hyperlinked websites.

 

Copyright
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by the artist, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium.

 

Data Privacy
With the placement of the order the ordering party expressly agrees that artist will use the ordering party's name, address, phone number, and e-mail address as well as its previous orders to process the relevant order and to send newsletters and catalogues electronically or by mail. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the products, to the forwarding agent, the carrier or the postal service. The ordering party may revoke its consent at any time by giving an e-mail notice to info@fucci.ca

 

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between the artist and you arising out of or in connection with your use of the webite, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.