Agreement to Terms of Use
FUCCI INC. (hereinafter “the Artist”) operates a platform for the sale of limited edition artworks and products (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 (hereinafter referred to as “Buyer”) shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the Buyer 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 of Products from this Website, 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 Buyer. With the placement of the order the Buyer expressly acknowledges that the quality of the Product depends on the material specified on the Website and that due to differing production and printing methods, minor variations in color, 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 Buyer 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 changes do not affect the fact that the Product is consistent with the terms of the contract and, especially, do not render them defective. All items are final sale. Please be sure to carefully review your order before checking out.
Prices and Shipping
Prices on this Website are listed in US dollars (USD). USA, Canada and International bound orders are shipped via USPS and Canada Post. In certain circumstances, items may be shipped with an alternative postal service. Delivery standard: 3-18 days for domestic bound shipments (US Only). 7-22 days International (Canada/Rest of the world). Please note that these Delivery standards are estimates only and in certain circumstances, mail delivery may be delayed due to backlog or other internal issues. Please contact USPS regarding all updates by calling (800) 522-9085 or postalone@email.usps.gov and Canada Post by calling (866) 607-6301. The Artist will not be held liable for uninsured parcels that are lost, damaged or stolen in transit. It is solely the Buyers responsibility to select an “insured” shipping option during the checkout process. Due to the unique production methods and/or limited production of these Products, the majority of Products listed on this Website cannot be reproduced and/or replaced once produced. All insurance claims must be filed with the Artist within 48 hours of receiving the Product or within 60 days in the case non-delivery. To file an insurance or non-delivery claim, please email info@fucci.ca with your full name, address and order number. If the Product is returned to the Artist because of an incorrect address, failure to claim mail and/or failure to pay your countries tariffs, customs, duties, and/or brokerage fee’s, the Buyer will be required to pay a re-shipping fee once the Product is returned to the Artist. Once received by the Artist, the Artist will notify the Buyer of the returned Product by email. Should the Buyer refuse or fail to pay for re-shipment of the returned Product within 14 days of notification, the Buyer expressly agrees that the order will be considered “forfeited” and/or “abandoned” and the Buyer will not indemnify the Artist in any way. It is the Buyers sole responsibility to ensure that all shipping information is true and correct as all sales are final. The Buyer may submit a request to edit and/or alter their shipping information by emailing info@fucci.ca within 48 hours after the placement of the order.
Conclusion of Contract and Delivery
The Buyer will receive confirmation of receipt after placement of the order. Orders are executed within 2 weeks after their receipt unless specified on the Website. 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. Unless specified, should the Artist not be able to execute an order within 2 weeks because the ordered Products are no longer available, or should the Artist not accept an order for any other reason, the Artist will notify the Buyer and will promptly refund any payments made by the Buyer. Refunds are processed within 3-7 business days once initiated.
Payment
Payment of the purchase price of the Products shall be made using any of the credit cards indicated on the checkout page of the Website.
Warranty and Liability
The Artist disclaims any liability for the variations and changes referred to in Section 2 “Products” of these Terms and Conditions. In the case of damaged or incomplete delivery, a receipt of non-delivery/insurance must be submitted to the Artist. Should the Products be defective or incorrect upon delivery despite flawless packaging, the Buyer shall promptly notify the Artist. Defective or incorrect Products shall be returned to Artist in their original packaging. The Artist shall not be held liable for 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 Website 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 Website 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, Website or other medium.
Data Privacy
With the placement of the order, the Buyer expressly agrees that Artist will use the Buyers 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 Buyer may revoke his or her consent at any time by giving notice by email to info@fucci.ca
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Website, 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 the Buyer arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties 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.