OVERVIEW
This website is operated by Onstream Gallery SRLS. The terms "we" and "our" within the site refer to Onstream Gallery SRLS. Onstream Gallery offers you this web site with all the information, tools and services available therein on the condition that you, as the user, agree to all of the terms, conditions, disclosures and notices set forth herein.
By visiting our site and/or purchasing something from us, you take advantage of our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions of Service", "Terms"), which include the additional terms, conditions, and disclosures referenced herein and/or available via hyperlink. These Terms and Conditions of Service apply to all users of the Site, including but not limited to visitors, suppliers, customers, merchants, and/or authors of comments and other content.
Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Service. If you do not fully accept the terms and conditions of this agreement, you may not access the website or use its services. If these Terms and Conditions of Service are considered a proposal, acceptance is expressly limited to these Terms.
Any new features and tools added to the current store will also be subject to the Terms and Conditions of Service. You can review the most recent version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, modify, or replace any part of the Terms and Conditions of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website after any changes are posted is tantamount to acceptance of those changes.
Our store is hosted on Webflow Inc. which provides us with the online e-commerce platform to sell you our products and services.
SECTION 1 - TERMS AND CONDITIONS OF THE ONLINE STORE
By agreeing to these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have authorized us to allow any minor under your responsibility to use this site.
You may not use our products for illegal or unauthorized purposes, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You are not allowed to spread worms, viruses or other types of malicious code.
Violation of any provision of the Terms will result in immediate termination of your right to use the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny service to anyone for any reason at any time.
You understand that your content (with the exception of credit card data) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of the networks or connecting devices. Credit card data is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, nor use of the Service, access to the Service, or any contact on the website through which the Service is provided without express written permission from us.
The titles used in this Agreement are included for convenience only and will not limit or affect these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We will not be responsible if the information made available on this site is not accurate, complete or up-to-date. The materials on this site are intended as a guide only and should not be relied upon or used as the sole basis for making decisions without consulting more authoritative, accurate, complete or current sources of information. By relying on the information on this site you assume the risk.
This site may contain some historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to change the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE CHANGES
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third party for any changes, price changes, suspensions or interruptions of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable).
Some products or services may be available exclusively online through the website. These products or services may be available in limited quantities, and may be subject to return or replacement only in accordance with our Refunds and Returns Policy.
We have made every effort to show accurate colors and images of the products in the store. However, we cannot guarantee that the colors displayed on your computer screen are accurate.
We reserve the right (although we are not obligated to do so) to restrict the sale of our products or Services with respect to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or Services we offer. Product descriptions and prices may change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. The sale of any product or service through this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order received. At our sole discretion we may restrict or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed from the same customer account, with the same credit card, and/or orders using the same billing and/or shipping address. In the event of a change or cancellation of an order, we may attempt to notify you via the email address, billing address, or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that in our sole judgment appear to be placed by wholesalers, retailers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other details, such as email address, credit card number and expiration date, so that we can complete transactions and contact you if necessary.
For more information, see our Refunds and Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no form of control or management.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without warranty, representation, condition or endorsement of any kind. We will have no liability arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site will be entirely at your own risk and discretion. It will be up to you to ensure that you know and agree to the terms and conditions to which the third-party tools are subject.
In the future, we may also offer new services and/or features through the website (for example, by introducing new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Some content, products, and services available through our Service may include third-party materials.
Third-party links on this site may direct you to external websites, which are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of such websites. And we make no warranties or have any responsibility for third-party materials or websites or other third-party materials, products, or services.
We will not be liable for any damages related to the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites. Carefully review the policies and procedures of third parties and make sure you understand them before making any transactions. Complaints, requests, concerns, and questions about third-party products should be directed to the relevant third party.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER MATERIALS SUBMITTED
If you submit to us online, by email, by regular mail, or otherwise certain materials (jointly referred to as "comments")-for example, at our request, submissions for participation in contests, or without our request, creative ideas, suggestions, proposals, plans, or other materials-you agree that we may at any time and without limitation edit, copy, publish, distribute, translate, or otherwise use in any way and by any means the comments you transmit to us. We do not and will not have any obligation to (1) keep comments confidential; (2) pay compensation for comments; or (3) respond to comments.
We may (without being under any obligation to do so) monitor, edit, and remove content that we in our sole discretion deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or content that infringes the intellectual property of any party or these Terms of Service.
You agree to avoid comments that infringe on the rights of third parties, including copyright, trademark, privacy rights, personality rights, and other real or personal rights. You also agree not to post comments that contain defamatory or otherwise illegal, offensive or obscene material, or computer viruses or other malware that threaten to disrupt the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or any third party about the origin of any comments. You are solely responsible for the comments you submit and their accuracy. We do not and will not have any responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, and omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times, or product availability. We reserve the right to correct any errors, inaccuracies, and omissions by changing and updating information or canceling orders, if any information in the Service or on a related website is inaccurate, at any time (including after an order has been submitted) and without notice.
We assume no obligation to update, correct, or clarify any information in the Service or any related website, including without limitation pricing information, except as required by law. No update date specified in the Service or any related website shall be construed as a guarantee that all information in the Service or any related website has been corrected and updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms and Conditions of Service, you are prohibited from using the site or its content:
(a) for illegal purposes; (b) to induce others to commit or participate in unlawful acts; (c) to violate international, federal, provincial, or state laws and regulations, or local ordinances; (d) to infringe or violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, age, country of origin, or disability; (f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code likely to affect the functionality or operation of the Service, any related websites, other websites, or the Internet; (h) to collect or monitor the personal information of other users; (i) for spamming, phishing, pharming, pretexting, use of spiders, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to hinder or circumvent the security features of the Service or any related websites, other websites or the internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses provisions.
SECTION 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, claim, or represent that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results achievable by using the service are accurate or reliable.
You acknowledge that we may occasionally suspend the service for indefinite periods of time, or cancel the service at any time without sending you any notice.
You expressly agree that your use and inability to use the service is at your sole risk. The service and all products and services provided through the service are (except as expressly stated by us) offered "as is" and "as available" for your use, without representations, warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Onstream Gallery and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damage of any kind - including without limitation lost profits, lost savings, loss of data, replacement costs or other similar damages, whether in contract, tort (including due to negligence), strict liability or otherwise - arising out of the use of any of the services or products obtained by using the service, nor for any other claim relating in any way to the use of the service or product, including but not limited to any errors or omissions in content, loss or damage of any kind related to the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if informed of such possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Onstream Gallery and its parent, subsidiary, and affiliated companies, and its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party and due to or arising out of your breach of these Terms and Conditions of Service or the documents incorporated by reference therein, or your violation of any law or the rights of any third party.
SECTION 15 - SEPARABILITY
In the event that any provision of these Terms and Conditions of Service is held to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Service, without prejudice to the validity and enforceability of the remaining provisions.
SECTION 16 - RESOLUTION
The obligations and responsibilities assumed by the parties prior to the termination date will survive for all purposes upon termination of this agreement.
These Terms and Conditions of Service will be effective until terminated by you or us. You may terminate these Terms and Conditions of Service at any time by informing us that you no longer wish to use our Services, or by discontinuing your use of our site.
In addition, if in our sole judgment you violate or we suspect that you have violated any provision of these Terms and Conditions of Service, we may terminate this Agreement at any time without notice and you will remain liable for all amounts owed up to and including the date of termination; as a result, we may deny you access to the Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any notices or operating rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the writing party.
SECTION 18 - APPLICABLE LAW
These Terms and Conditions of Service and any separate agreements under which we provide the Services to you shall be governed by and construed in accordance with the laws of Via Belluno, 16 00161 Rome RM Italy.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS OF SERVICE
You can review the most current version of the Terms and Conditions of Service at any time on this page.
We reserve the right in our sole discretion to update, modify or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to the Website or the Service after the posting of any changes to these Terms and Conditions of Service constitutes your acceptance of those changes.
SECTION 20 - CONTACTS
Any questions regarding the Terms and Conditions of Service should be sent to us at hello@onstreamgallery.com.
