Terms and conditions of sale
1. Scope and jurisdiction
a. The following terms and conditions of sale apply to all sales made by ‘Xogram’ (hereafter called Gustoimages Ltd). These terms and conditions of sale are considered as accepted with receipt of you order or at the latest with the payment. Oral agreements or references to the terms and conditions of sale of a customer/client will not in any case be accepted herewith.
b. Place of jurisdiction of Gustoimages Ltd is in London, UK.
2. Notice in regard to product documentation
a. Under no circumstances does Gustoimages Ltd allow the making of electronic or mechanical copies of imagery. This also applies, in extracts, to reproductions.
3. Prices and terms of payment
a. All prices, if not explicitly marked otherwise, do NOT include value added tax and are subject to UK value added tax if the customer/client resides in an EEC member country and does not or can not provide a valid VAT number.
b. All receivables are due upon issue of an invoice and are due within 14 days from date of sale, unless they have already been debited via a valid credit card.
c. In case of late payment or debit entry Gustoimages Ltd reserves the right to charge interest in the height of 5% p.a. of the net sale value. This interest rate is based on the basic interest rate of the European Central Bank (ECB) according to article 1.
d. The customer/client automatically comes into default if he does not respect the legal requirements of payment within 30 days after receipt of the invoice.
4. Refund policy
a. The customer/client has the right to obtain a refund within 14 days from the date of sale, which is in accordance with UK law. The customer must request this in formal, written manner. If the sale price does have to be refunded by us, a 10% administration fee will be deducted from the sale price. The amount can only be refunded via PayPal by us.
b. The customer/client must return the damaged or rejected print, in order to qualify for a refund.
5. Delivery dates for goods and services
a. All delivery terms apply only under reserve. Gustoimages Ltd will no take over any responsibility for abidance of stated delivery deadlines, especially when third parties are involved in delivery (e.g. UK Post or UPS etc.).
b. In case of delivery delays due to force majeure or difficult conditions in regard to delivery like business disruption, strikes, material acquisition problems, official directives and similar, Gustoimages Ltd cannot be held responsible. Gustoimages Ltd reserves the right to delay the delivery accordingly as well as reasonable additional respite, which normally would not exceed 14 days.
c. In case of a specific modifications this may in some cases be longer and Gustoimages Ltd will in this case not be liable for arrears in delivery, unless a specific delivery date was defined previously. The customer/client has a right to indemnity of maximum 5% of the sale price if Gustoimages Ltd fails to deliver within the agreed time span. All other forms of indemnity will not be acknowledged.
6. Warranty and liability
a. The image prints are sold "as they are", without guarantee in regard to colours and fading or other guarantees.
b. The customer/client has the right to demand a rectification of defects in case of individual modifications under the condition that a special declaration of intent for specific product features has been made.
c. Gustoimages Ltd will not be liable for claims in regard to defects of any nature.
7. Framing and handling prints - it is important to consider the following:
a. Lighting - Too much direct light whether artificial or sunlight on to the surface of a print will inevitably change original colours and cause fading to occur. Conservatories and very bright rooms are not suitable for hanging prints.
b. Humidity - Prints can suffer damage in overly humid conditions. Water may cause an uneven print surface and discoloration to occur. For this reason we would not recommend that prints are hung in bathrooms and, in some cases, kitchens.
c. Heat - Prints should not be hung directly above radiators or in direct sunlight.
d. Giclee prints must NOT be handled without the use of the cotton gloves provided. The prints WILL mark if handled. They must also not be sealed e.g. by laminating. Framing is fine as long as the surface of the print is not in contact with the glass.
e. We recommend the use of UV resistant glass (non-shatter) as this will block out harmful light rays and further protect the print from breakage. Always ensure that there is an air gap between the print surface and the glass, as failure to do so will lead to humidity pockets on the surface of the print. Check that the glass does not have a strong tint, as this will change the appearance of the print.
f. When choosing a mount board, ask for acid free framing mount materials. Non-professional materials have high acidity levels, which over time will damage the print.
Adhesives: ask for acid free framing tape. Do not use standard sticky tape, blu tack or masking tape as they may leave marks and damage the print with high acidity levels.
8. Reservation of title
a. The delivered print remains property of Gustoimages Ltd, until all account receivable have been settled in full. This right remains unchanged even in regard to third party claims.
b. In case of non settlement of accounts receivable Gustoimages Ltd reserves the right to terminate or withhold access to the product.
9. Patents and copyrights
a. The right of ownership and copyright for all Gustoimages Ltd images lies solely by Gustoimages Ltd. This ownership and copyright also includes all related product files.
b. The images are copyrighted by international law. The customer/client must there handle the product like any other copyright protected material.
c. The customer/client is required to report any violation of copyright and/or ownership in written form as soon as such information becomes know to him.
d. You may not scan, duplicate, copy, publish, or otherwise utilize the image in any manner.
10. General terms
a. If any of the above terms are not valid or can be challenged, then all remaining terms are not affected by such. Changes or oral agreements require written confirmation.
b. The laws of UK apply in all cases. The application of the United Nations Convention on Contracts for the International Sale of Goods – CISG does not apply. In case of queries in relation to these terms and conditions of sale contact:
Gustoimages Ltd
Registered Company Address:
Gustoimages Ltd, Lynton House, 7-12 Tavistock Square, London, WC1H 9BQ - Company No. 3799223 VAT: 740 3399 38
Institute:
The British Institute of Radiology,
48-50 St John Street London EC1M 4DG
D&B D-U-N-S® Number: 238068022
COPYRIGHT NOTICE
This website and its content is copyright of Gustoimages Ltd - © Gustoimages Ltd 2018. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:- 1 You may print or download to a local hard disk extracts for your personal and non-commercial use only
- 2 You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WEBSITE USAGE TERMS AND CONDITIONS
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Gustoimages Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Gustoimages Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Gustoimages Ltd, Lynton House, 7-12 Tavistock Square, London, WC1H 9BQ, UK. Our company registration number is 3799223 UK. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:- 1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- 2 This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us for use by third parties.
- 3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- 4 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- 5 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- 6 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- 7 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- 8 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- 9 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
PRIVACY POLICY
This privacy policy sets out how Gustoimages Ltd uses and protects any information that you give Gustoimages Ltd when you use this website.
Gustoimages Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Gustoimages Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from May 2018.
What we collect
We may collect the following information:- 1 name and job title
- 2 contact information including email address
- 3 demographic information such as postcode, preferences and interests
- 4 other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:- 5 Internal record keeping.
- 6 We may use the information to improve our products and services.
- 7 We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- 8 From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:- 9 whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- 10 if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at customer{at}xogram{dot}com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the GDPR 2018. A small fee may be payable. If you would like a copy of the information held on you please write to Gustoimages Ltd, Lynton House, 7-12 Tavistock Square, London, WC1H 9BQ - Company No. 3799223 VAT: 740 3399 38
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
PRIVACY POLICY ( ADDITIONAL: FOLLOWING GDPR INC WEEBLY PRIVACY JUNE 2018)
GUSTOIMAGES LTD (the “Company”) is committed to protecting the privacy of its users. This Privacy Policy (“Privacy Policy”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our Service. Unless otherwise indicated below, this Privacy Policy applies to any website that references this Privacy Policy, any Company website, as well as any data the Company may collect across partnered and unaffiliated sites.
For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at www.XOGRAM.com or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
I. CONSENT
By accessing our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using our Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit our website, or use the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the website and the Service.
II. INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, address and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
III. HOW WE USE AND SHARE INFORMATION
Personal Information:
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
In addition, we may disclose your Personal Information if required to do so by law or if you violate our Terms of Use.
Non-Personal Information:
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns of the Service. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our sole discretion.
IV. HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
V. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user via Weebly, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.
VI. WEEBLY
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online e-commerce platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
VII. LINKS TO OTHER WEBSITES
As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
VIII. AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
IX. CHANGES TO OUR PRIVACY POLICY
The Company reserves the right to change this Privacy Policy and our Terms of Use at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to us, you give us permission to email you for the purpose of notification as described in this Privacy Policy.
X. MERGER OR ACQUISITION
In the event we (or Weebly) undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our (or Weebly’s) assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices. We suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.
XI. EMAIL COMMUNICATIONS & OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
XII. CONTACT US & WITHDRAWING CONSENT
If you have any questions regarding this Privacy Policy or the practices of this Site, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact us by sending an email to EMAIL@GUSTOIMAGES dot COM.
Last Updated: This Privacy Policy was last updated on Tue Jun 12 2018.
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Trading styles for GUSTOIMAGES LTD a company limited by guarantee registered in England and Wales, Registered office: Lynton House, 7-12 Tavistock Sqaure, London, WC1H 9BQ