TERMS AND CONDITIONS

 

Last Updated 30 May 2019

 

1. Agreement to Terms

 

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (you), and S.C. FAVOLART S.R.L., located at str. Pantei, nr.
19, Odorheiu Secuiesc, Harghita 535600Romania (we, us), concerning your access to and use of
the www.favolart.com (https://www.favolart.com) website as well as any related applications (the Site).

 

The Site provides the following services: Online shop of home accessories for the whole family,
decorated with fabulous illustrations. You agree that by accessing the Site and/or Services,
you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site
and Services and you must discontinue use immediately. We recommend that you print a copy of these
Terms and Conditions for future reference.

 

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition
or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

 

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms
and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as
soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of
updates. Your continued use of the Site represents that you have accepted such changes.

 

1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs
and/or our business priorities.

 

1.5 Additional policies which also apply to your use of the Site include:
● Our Privacy Notice https://www.favolart.com/privacy-policy/, which sets out the terms on which we
process any personal data we collect from you, or that you provide to us. By using the Site, you consent to
such processing and you warrant that all data provided by you is accurate.
● Our Cookie Policy https://www.favolart.com/cookiepolicy/, which sets out information about the cookies
on the Site.

 

2. Acceptable Use

 

2.1 You may not access or use the Site for any purpose other than that for which we make the site and our
services available. The Site may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.

 

2.2 As a user of this Site, you agree not to:
● Systematically retrieve data or other content from the Site to a compile database or directory without
written permission from us
● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users
to send unsolicited email or creating user accounts under false pretenses
● Use the Site to advertise or sell goods and services
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools
● Attempt to access any portions of the Site that you are restricted from accessing
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that
interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a
passive or active information collection or transmission mechanism
● Advertise products or services not intended by us
● Falsely imply a relationship with us or another company with whom you do not have a
relationship

 

3. Information you provide to us

 

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate,
current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such
information and promptly update such information as necessary; (c) you will keep your password
confidential and will be responsible for all use of your password and account; (d) you have the legal
capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an
identification code or user name) and/or password you must promptly notify us at info@favolart.com.

 

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may
suspend or terminate your account. We may remove or change a user name you select if we
determine that such user name is inappropriate.

 

3.3 As part of the functionality of the Site, you may link your account with online accounts you may
have with third party service providers (each such account, a Third Party Account) by either: (a)
providing your Third Party Account login information through the Site; or (b) allowing us to access your
Third Party Account, as is permitted under the applicable terms and conditions that govern your use of
each Third Party Account.

 

You represent that you are entitled to disclose your Third Party Account login information to us and/or
grant us access to your Third Party Account without breach by you of any of the terms and conditions
that govern your use of the applicable Third Party Account and without obligating us to pay any fees or
making us subject to any usage limitations imposed by such third party service providers.

 

3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make
available and store (if applicable) any content that you have provided to and stored in your Third Party
Account (the “Social Network Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists; and (b) we may submit and receive additional information to
your Third Party Account to the extent you are notified when you link your account with the Third Party
Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have
set in such Third Party Accounts, personally identifiable information that you post to your Third Party
Accounts may be available on and through your account on the Site. Please note that if a Third Party
Account or associated service becomes unavailable or our access to such Third Party Account is
terminated by the third party service provider, then Social Network Content may no longer be available
on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third
Party Accounts at any time.Please note that your relationship with the third party service providers
associated with your third party accounts is governed solely by your agreement(s) with such third
party service providers. We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for
any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third
Party Account and your contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also registered to use the Site.
At your email request to info@favolart.com or through your account settings (if applicable), we will
deactivate the connection between the Site and your Third Party Account and attempt to delete any
information stored on our servers that was obtained through such Third Party Account, except the
username and profile picture that became associated with your account.

 

4. Content you provide to us

 

4.1 There may be opportunities for you to post content to the Site or send feedback to us (User
Content). You understand and agree that your User Content may be viewed by other users on the Site,
and that they may be able to see who has posted that User Content.

 

4.2 You further agree that we can use your User Content for any other purposes whatsoever in
perpetuity without payment to you, and combine your User Content with other content for use within
the Site and otherwise. We do not have to attribute your User Content to you.

 

4.3 In posting User Content, including reviews or making contact with other users of the Site you shall
comply with our Acceptable Use Policy.

 

4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be
liable to us and indemnify us for any breach of that warranty. This means you will be responsible for
any loss or damage we suffer as a result of your breach of this warranty.

 

4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User
Content does not comply with the Acceptable Use Policy.

 

4.6 We are not responsible and accept no liability for any User Content including any such content that
contains incorrect information or is defamatory or loss of User Content. We accept no obligation to
screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any
User Content without notice and at any time. User Content has not been verified or approved by us
and the views expressed by other users on the Site do not represent our views or values

 

4.7 If you wish to complain about User Content uploaded by other users please contact
us at info@favolart.com.

 

5. Our content

 

5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned
or licensed to us, and are protected by copyright and trade mark laws.

 

5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.

 

5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site
and Our Content and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use.

 

5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer
systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications,
adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or
digital copies you may have downloaded.

 

5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry
standard virus detection software to try to block the uploading of content to the Site that contains viruses.

 

5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on
which you should rely. You must obtain professional or specialist advice before taking, or refraining from
taking, any action on the basis of the content on the Site.

 

5.7 Although we make reasonable efforts to update the information on our site, we make no representations,
warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up
to date.

 

6. Link to third party content

 

6.1 The Site may contain links to websites or applications operated by third parties.We do not have
any influence or control over any such third party websites or applications or the third party operator.
We are not responsible for and do not endorse any third party websites or applications or their
availability or content.

 

6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods
and/or services from any third party who advertises in the Site, you do so at your own risk. The
advertiser, and not us, is responsible for such goods and/or services and if you have any questions or
complaints in relation to them, you should contact the advertiser.

 

7. Site Management

 

7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and
Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and
Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically
feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate the proper functioning of the Site and
Services.

 

7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

 

7.3 You are responsible for configuring your information technology, computer programs and platform to
access the Site and you should use your own virus protection software.

 

8. Modifications to and availability of the Site

 

8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at
our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services
without notice at any time.

 

8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in interruptions,
delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site or Services during any downtime or discontinuance of the
Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections,
updates, or releases.

 

8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that
may relate to the Services, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at
any time, without prior notice.

 

9. Disclaimer/Limitation of Liability

 

9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the
Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All
warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a
course of dealing, or common law) in connection with the Site and Services and your use thereof including,
without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and
noninfringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are
not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers
and/or any and all personal information and/or financial information stored on our server; (3) any interruption
or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the
like which may be transmitted to or through the site by any third party. We will not be responsible for any delay
or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by
an event beyond our reasonable control.

 

9.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This
includes liability for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage
you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would
not be responsible for any loss or damage that were not foreseeable at the time you started using
the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section,
our liability to you for any cause whatsoever and regardless of the form of the action, will at all times
be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the
amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any
cause of action arising.
If you are a consumer user:
● Please note that we only provide our Site for domestic and private use. You agree not to use our
Site for any commercial or business purposes, and we have no liability to you for any loss of profit,
loss of business, business interruption, or loss of business opportunity.
● If defective digital content that we have supplied, damages a device or digital content belonging to
you and this is caused by our failure to use reasonable care and skill, we will either repair the
damage or pay you compensation.
● You have legal rights in relation to goods that are faulty or not as described. Advice about your
legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing
in these Terms and Conditions will affect these legal rights.

 

10. Term and Termination

 

10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are
otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your account settings, if available, or by
contacting us at info@favolart.com.

 

10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole
discretion and without notice or liability, deny access to and use of the Site and the Services (including
blocking certain IP addresses), to any person for any reason including without limitation for breach of any
representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or
regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and
Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and
the Services or delete your profile and any content or information that you posted at any time, without warning,
in our sole discretion.

 

10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.

 

11. General

 

11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic
delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You
hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by other than electronic means.

 

11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the
Services constitute the entire agreement and understanding between you and us.

 

11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a
waiver of such right or provision.

 

11.4 We may assign any or all of our rights and obligations to others at any time.

 

11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond
our reasonable control.

 

11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that
provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions.

 

11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a
result of these Terms and Conditions or use of the Site or Services.

 

11.8 For consumers only – Please note that these Terms and Conditions, their subject matter and their formation,
are governed by English law. You and we both agree that the courts of England and Wales will have exclusive
jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland,
and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to
raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this
link http://ec.europa.eu/odr

 

11.9 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

 

11.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the
Services, please contact us by email at info@favolart.com or by post to:

 

S.C. FAVOLART S.R.L.
str. Pantei, nr. 19
Odorheiu Secuiesc, Harghita 535600
Romania