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Terms & Conditions

TERMS AND CONDITIONS

First. About the Portal and its Owners. Thank you for accessing the Elsalvarte site (as that term is defined below) https://www.elsalvart.com (the “Portal”). By accessing, browsing and / or using the Portal you (the “User”) acknowledge that you have read, fully understood and unconditionally agreed to abide by the following Terms and Conditions of Use and Contract (the “Terms of Use”), Which take effect for the user from the moment of accessing, browsing and / or using the Portal. In the event that the User is not in accordance with the Terms of Use, he must refrain from using or accessing the Site and should leave it immediately.

It is recommended  the User reviews these Terms of Use periodically, since they, as set forth below, may be modified by Elsalvarte periodically. The continued use of the Portal by the User implies acceptance of the aforementioned modifications.

The User expressly acknowledges that the contents of the Portal, its engineering, information, code and other elements visible or not contained therein are the property of Elsalvarte and / or its legitimate owners in accordance with applicable laws.

Second. Authorized Use of the Portal. Elsalvarte authorizes the User to use the Portal only and exclusively for the purposes of (i) consulting the information related to the Works (as defined below); or (ii) acquire the Works. Nothing in these Terms of Use authorizes the User to dispose, profit or give a different use to the Portal or to the information contained in it, whether it is visible or not.

Elsalvarte reserves the right to limit or deny the aforementioned authorization of use at any time and without prior notice, without liability for Elsalvarte.

Third. Registry. Elsalvarte, in its sole discretion, may establish on the Portal private or restricted access areas, which will be accessible only and exclusively by the persons that Elsalvarte determines at its sole discretion, including areas referred to as “registered users”, in which Access and navigation will be allowed to the User whenever he agrees to register on the Portal and provide Elsalvarte with certain information and personal data (the “Personal Data”). To know the terms under which Elsalvarte will keep and use such Personal Data, data and any other that the User provides, please review our Privacy Notice.

In order to carry out a Purchase (as said term is defined below), the User must electronically fill out the registration form to create a personal account (the “Account”) provided by Elsalvarte in all its fields with valid data. The User must complete it with their Personal Data that is at all times accurate, accurate and true and is obliged to update them as necessary. The User guarantees and responds for the veracity, accuracy, validity and authenticity of the Personal Data entered. Elsalvarte will be authorized, but not required, to verify the foregoing and for such purposes request the User to provide documentation or physical evidence of their Personal Data.

The User may access and modify his Account, update it and / or cancel it, through his registered email address or some username, as determined by Elsalvarte at his sole discretion, and a security key ("Password") . The User is obliged to keep said data confidential and recognizes that the secrecy and safeguarding of the same, except for violations of the security of the Portal, are solely and exclusively for the User.

Likewise, the User agrees that the Account will be used solely and exclusively for personal use and therefore will not be transferable or transferable, in whole or in part in any of its elements, nor should its shared use be allowed by any third party, however , which, in the event that the above occurs, will not release the User from any misuse of their Personal Data or the Portal, including any damage to it. Likewise, the User agrees that he may open only one Account exclusively, so he accepts that in the event that his Personal Data substantially coincides with the data corresponding to another Account, Elsalvarte will have the right to suspend or cancel both Accounts without any liability .

In the event that the User detects that any third party has obtained access to his Account or knows the Password, the User undertakes to immediately report said situation to Elsalvarte, who may adopt the measures he deems necessary.

n the event that the User detects that any third party has obtained access to his Account or knows the Password, the User undertakes to immediately report said situation to Elsalvarte, who may adopt the measures he deems necessary.

Elsalvarte reserves the right to refuse or deny any application for registration, without it being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or compensation.

Quarter. No Access Guarantees. Elsalvarte is not responsible for or guarantees the correct use of the Portal, nor that it is available uninterruptedly, by virtue of which, any failure or interruption in the same and / or the damages that the User or any third party could suffer as As a result, it will not be the responsibility of Elsalvarte. The User expressly and irrevocably releases Elsalvarte from any responsibility he may incur under applicable law in relation to the foregoing and waives any actions he may have in this regard. Elsalvarte does not guarantee that the Portal is free of errors, viruses and interruptions.

Fifth. Services and Products Works of artists will be marketed through the Portal (but not limited to: painting, sculpture, photography, drawing, engraving, lithographs). The Works are produced by third parties outside Elsalvarte, by virtue of which any responsibility related to them will correspond to said manufacturers in accordance with the applicable legislation.

Sixth. Deliveries. Elsalvarte will be solely and exclusively responsible to each User for the timely provision of Elsalvarte Services.

The postage and expenses associated with the sending of the Works to the address registered by the User, will be borne by Elsalvarte and are included in the consideration paid by the User at the time of purchasing a Work.

Deliveries will be made within 15 (fifteen) business days to purchase the Works, however, Elsalvarte reserves the right to shorten or extend the delivery period depending on the specific conditions for each delivery.

Seventh. Return policy. Elsalvarte accepts returns of the Work as long as the following “Return Policy” is complied with:

The maximum period to receive a request for return of the Work will be 7 (seven) business days from the date of delivery of the Work;

The Work must be in perfect condition and in the same conditions in which it was delivered;

The return must be made in the same package in which the Work was delivered, for which the User must follow the instructions that are delivered for this purpose;

Packing and shipping costs will not be refunded;

In case of proceeding, the return will be made by the same payment method that was used for the acquisition of the Work;

Our Return Policy may change without prior notice;

We inform you that for no reason you can accept the Work in return, even if you have received confirmation, if you meet any of the following cases:

The Work is not in perfect condition and in the same conditions in which it was delivered;

The packaging or boxes of the Work have not been used in accordance with the instructions;

Return Procedure:

The User must request the return of the Work through the Return Form of the page or through an email to Elsalvarte

Upon receiving the Return Form, Elsalvarte undertakes to confirm your request via email. Elsalvarte reserves the right to accept such return, even if an authorization number has been assigned, since a prior review of the Work must be carried out.

All returns will be taken at the invoice price. If you meet the return conditions, a Credit Note will be issued for the amount paid for the Work less the administrative charge for return and shipping costs. The buyer can use the Credit Note to make another purchase or get a refund of their payment.

Eighth. System Violations. No action or use of device, software, code or similar that is intended to interfere with the operations of the Portal is allowed. Elsalvarte will pursue any person (physical or moral) who directly or indirectly attempts or carries out activities that violate or contravene these Terms of Use and the applicable legislation in relation to the Portal and will exercise against it the legal actions to which it is entitled in accordance with the applicable legislation, making it responsible for compensating the damages caused.

Ninth. Suspensions Elsalvarte may unilaterally suspend the Portal service, disable or restrict the Account and / or suspend the delivery or type of the Work, in which case the limit of its liability to the User will be limited, as established in Section

Tenth following, the amount of payments actually made by the User that are pending application to the Work.

Tenth. Limit on Elsalvarte Responsibility. Elsalvarte will have no responsibility to any User or third party for the use of the Portal.

With respect to Users who have acquired and paid for a Work that has not been delivered, Elsalvarte's responsibility will be limited to a maximum equal to the price of said Work.

In the event that Elsalvarte is responsible for failures in the Elsalvarte Services, it may agree with the corresponding User, the way to compensate it, which may be through the granting of bonuses, points, Work, etc. The acceptance by said User of the foregoing shall free Elsalvarte from any claim that may arise in relation to the aforementioned failures or breaches.

 Tenth First. Intellectual property. The User acknowledges that the use of the Portal does not grant him any rights in relation to the information published in it or corresponding to its components, which are owned by Elsalvarte and / or the artists. The User undertakes to refrain from using the elements of the Portal (including its elements and / or non-visible, code or similar information) for any purpose other than those expressly established in these Terms and Conditions.

To the extent permitted by applicable law, the User renounces, free of charge and irrevocably, in favor of Elsalvarte, any rights he may have over the texts, opinions, photographs and contributions made to the Portal. In the event that according to the applicable legislation such rights could not be waived and assigned in favor of Elsalvarte, the User grants a free, transferable, sublicenseable license and for the maximum period allowed by applicable law, for Elsalvarte to use, exploit and enjoy these rights.

The foregoing shall in no way be understood as applicable to information that is not owned or created by the User and that has been included in the Portal by the User without the prior written consent of its legitimate owner, the User being obliged to take it out in peace and except for Elsalvarte and its representatives, of any damage, loss or claim that results against them for the use, distribution and advertising of said information.

Twelfth. Information Privacy. The use of and safeguards applicable to Personal Data and any other information that may be provided by the User to Elsalvarte through the Portal or by any other means, but in relation to the Portal and / or the Works, will be governed by the provisions in the Elsalvarte Privacy Notice.

Thirteenth. Modifications. Elsalvarte reserves the right, without liability, to modify, add or delete all or part of these Terms and Conditions at any time and without prior notification to the User.

Fourteenth. Jurisdiction and Applicable Law. These Terms and Conditions will be regulated and interpreted in accordance with the laws applicable in El Salvador. For any dispute that arises in relation to these and / or the use of the Portal, Elsalvarte and the User submit to the competent courts in the City of San Salvador, El Salvador, waiving any other jurisdiction that may correspond to them by their present address or future or for any other reason.