Terms and conditions of use

These Terms govern

  • the use of onstreamgallery.com and
  • any other Agreement or legal relationship with the Owner

in a binding manner. Capitalised expressions are defined in the relevant section of this document.

Please read this document carefully.

Nothing in these Terms shall give rise to an employment, agency or association relationship between the parties involved.

The entity responsible for onstreamgallery.com is:

Onstream Gallery SRLS, Via Belluno, 16 - 00161 Rome RM Italy

Holder's email address: hello@onstreamgallery.com

"Onstreamgallery.com" refers to

  • this site, including its subdomains and any other site through which the Owner offers the Service;
  • applications for mobile devices, tablets or similar;
  • application program interfaces (APIs);
  • the Service;

Need to know at a glance

  • Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each relevant clause. In case of lack of mention, the clauses shall apply to all Users.
  • The right of withdrawal on onstreamgallery.com is applicable to all Users, regardless of whether they are Consumers or not.

TERMS OF USE

Unless otherwise specified, the terms and conditions of use of onstreamgallery.com set forth in this section are generally applicable.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using onstreamgallery.com you agree to comply with the following requirements:

  • There are no restrictions referred to Users with respect to the fact that they are Consumers or Professional Users.

Content on onstreamgallery.com

Unless otherwise specified or clearly recognizable, all the contents available on onstreamgallery.com are owned by or provided by the owner or by his/her licensors.

The Owner takes utmost care to ensure that the content available on onstreamgallery.com does not violate any applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to the rights and claims which may be legally exercised, users are requested to address their complaints to the addresses indicated in this document.

Rights to the contents of onstreamgallery.com

The Owner holds and expressly reserves all intellectual property rights over the above content.

Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits set forth below, modifying, translating, processing, publishing, broadcasting, selling, sublicensing, transforming, transferring/alienating to third parties or creating derivative works from the content available onstreamgallery.com, or allowing third parties to carry out such activities through their User account or device, even without their knowledge.

Unless expressly indicated otherwise on onstreamgallery.com, the User is allowed to download, copy and/or share some of the contents available on onstreamgallery.com exclusively for personal, non-commercial purposes and provided that the attribution of authorship of the work is respected as well as the indication of any other relevant circumstance required by the Owner.

The limitations and exclusions provided for by copyright law remain unaffected.

Access to external resources

Through onstreamgallery.com, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore shall not be liable for their content and availability.

The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.

Permitted use

Onstreamgallery.com and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and with applicable law.

It is the User's sole responsibility to ensure that the use of onstreamgallery.com and/or the Service does not violate any law, regulations or third party rights.

Therefore, the Data Controller reserves the right to take any measure necessary to protect its legitimate interests and, in particular, to deny the User access to onstreamgallery.com or the Service, terminate agreements and report any objectionable activity performed through onstreamgallery.com or the Service to the competent authorities - such as, for example, the courts or administrative authorities - whenever the User is committing or is suspected of committing any act:

  • violations of laws, regulations and/or the Terms;
  • infringement of third party rights;
  • acts that may considerably prejudice the legitimate interests of the Owner;
  • offenses against the Owner or a third party.

API Terms of Use

Users may access their personal data relating to onstreamgallery.com through the Application Program Interface (API). Any use of the API, including through third party products or services that access onstreamgallery.com, is subject to the following specific terms and conditions:

  • The User expressly acknowledges and agrees that the Owner shall not be liable for any damages or losses resulting from the User's use of the API or third party products or services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on onstreamgallery.com as part of the Service are subject to a charge.

The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of onstreamgallery.com.

Product description

Prices, descriptions and availability of Products are specified in the respective sections of onstreamgallery.com and are subject to change without notice.

Although the Products on onstreamgallery.com are presented with the utmost technical accuracy, their representation on onstreamgallery.com through whatever medium (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase process.

Purchase procedure

Each step, from choosing the product to placing the order, is part of the purchase process.
The purchase procedure includes the following steps:

  • Users are kindly requested to choose the desired Product, to have it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
  • Users can check their choice, edit, add or remove items.
  • Users will be asked to specify their billing address, contact details and a means of payment of their choice.
  • In the event that the purchase involves the delivery of a Product, it may be necessary for Users to provide a shipping address.
  • During the purchase process, Users may, at any time, modify, correct or replace the information provided or cancel the purchase process altogether without any consequences.
  • After providing all the required information, Users are asked to carefully check their order and can then proceed to checkout.
  • By clicking on the checkout button, Users will access the Stripe checkout area where they will be asked to provide their contact information and a payment method of their choice.
  • The Users who have not already done so may request Stripe to store their payment information for future purchases on onstreamgallery.com or on other web sites using Stripe as a payment gateway. In order to receive information on the processing of personal data and on the relevant rights, the User may consult Stripe's and onstreamgallery.com's privacy policy.

In order to place an order, Users are required to accept these Terms and to use the relevant button or mechanism on onstreamgallery.com, thereby agreeing to pay the agreed price.

Order placement

Sending the order involves the following:

  • The sending of the order by the user determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes and any additional charges and expenses, as specified in the order page.
  • In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes the User's obligation to cooperate accordingly.
  • Once the order has been placed, Users will be sent a confirmation of receipt of their order.

All notifications relating to the purchase process described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and prior to placing an order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

Prices at onstreamgallery.com:

  • depending on the section you are viewing include all applicable fees, taxes and costs or are shown net of applicable fees, taxes and costs.

Means of payment

The details of the accepted means of payment are highlighted during the purchase process.

Some payment methods are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of onstreamgallery.com.

Payment methods marked as such are handled directly by the Controller. The Owner collects and stores the data necessary for the processing of payments and for fulfilling related legal obligations. In order to receive further information on the processing of personal data and on the relevant rights, the User may refer to the privacy policy of onstreamgallery.com.

Other payment methods, if any, are provided independently by third party services. In these cases, onstreamgallery.com does not collect any information about the payment - such as, for example, credit card details - but receives a notification from the relevant third party provider at the time payment is successfully completed.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.

Authorization for future payments via PayPal

If the User authorizes the PayPal function which allows future purchases, onstreamgallery.com will store an identification code connected to the User's PayPal account. In this way, onstreamgallery.com will be able to automatically process payments for future purchases or for the payment of periodic instalments for past purchases.

The authorization can be revoked at any time by contacting the Owner or by changing your personal PayPal settings.

Property reserve

Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of onstreamgallery.com.

Delivery times are indicated on onstreamgallery.com or during the purchase process.

Unless otherwise specified onstreamgallery.com or agreed with the User, the Products shall be delivered within thirty (30) days from the date of purchase.

Failure to deliver

The Owner shall not be liable in any way for any delivery errors arising from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurred after delivery to the courier if the latter has been appointed by the User.

In the event that the goods are not delivered or collected at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further action.

Unless otherwise specified, any attempted delivery from the second will be at the User's expense.

User Rights

Right of withdrawal

Unless there is an exception, the User may have the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who has the right of withdrawal

The right of withdrawal allows European consumers to withdraw from contracts concluded at a distance (since the user is not able to see or try the product before concluding the contract). Withdrawal from the contract cancels the obligation of the contracting parties to perform the contract.

Onstreamgallery.com's right of withdrawal is applicable to all Users.

Unless one of the exceptions mentioned below applies - if any - the Consumer User is entitled to withdraw from the contract within the period of time specified below for any reason and without need for justification.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Controller an unequivocal communication of his intention to withdraw from the contract.

For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the end of the withdrawal period.

When does the withdrawal period expire?

  • In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and different from the courier - takes possession of the goods.
  • In case ofpurchase of several goods ordered together but delivered separately or in case of purchase of a single good composed of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and different from the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Holder refunds all payments received including, if made, those relating to delivery costs to Users who have properly exercised their right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will remain the responsibility of the User.

The refund shall be made without undue delay and in any event within 14 days of the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment as was used for the initial transaction. The User does not incur any costs as a result of the withdrawal.

... on contracts for the purchase of tangible goods

Unless the Data Controller has offered to collect the goods, the User shall return them to the Data Controller or another person authorised by the Data Controller to receive them without undue delay and in any event within 14 days from the day on which the User communicates his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or other authorized person occurs before the expiration of the 14-day period described above. Refunds may be withheld until we receive the goods or until you have provided proof of return.

The User shall be liable for any decrease in the value of the goods resulting from any use of the goods other than that necessary to establish their nature, characteristics and functioning.

You are responsible for thereturn shipping costs.

Legal warranty of conformity of the Product

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller must ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

Should the Users act as European consumers, the legal guarantee of conformity of the goods shall apply to the items available on onstreamgallery.com in accordance with the laws of the country in which they usually reside.

The national laws of that country may grant such Users broader rights.

Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they are ordinarily resident.

Limitation of liability and indemnity

European Users

Manleva

You agree to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners and employees from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with negligent conduct such as use of or connection to the Service, violation of these Terms, violation of third party rights or laws by you, your affiliates, officers, agents, co-branders, partners and employees, to the extent permitted by law.

Limitation of liability for the activities of the User on onstreamgallery.com

Unless otherwise specified and subject to the provisions of applicable law on product liability, all claims for damages against the Controller (or any person or entity acting on its behalf) are excluded.

The foregoing does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, for damages resulting from the breach of essential contractual obligations, such as those obligations that are strictly necessary for performing the contractual obligations, and/or for damages caused by wilful misconduct or gross negligence, provided that the User has used onstreamgallery.com in an appropriate and proper manner.

Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is only liable to the extent of the damage that is typical for the type of contract and foreseeable at the time of conclusion.

Australian users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the option of the Owner, to re-provision of the Services or payment of the cost of re-provision of the Services.

US users

Exclusion of warranty

The Owner provides onstreamgallery.com on an "as is" and "as available" basis. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by you from the Owner or through the Service shall create any warranty not expressly set forth herein.

Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, brand coowners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or use of the Service by you.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service hyperlinked. In addition, the Owner does not take part in or in any way monitor any transaction between Users and third party providers of products or services.

The Service may become inaccessible or not work properly with the User's browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.

Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.

Limitation of liability

To the fullest extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, intentional, collateral, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein;
  • any errors, omissions or inaccuracies in the content;
  • personal injury or property damage of any kind resulting from your access to or use of the Service;
  • any unauthorised access to the Owner's security servers and/or any personal information stored therein
  • any interruption or cessation of transmissions to or from the Service;
  • any bugs, viruses, trojans or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.

This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms shall not apply beyond the limits of applicable law.

Manleva

You agree to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising out of

  • Your use of or access to the Service, including any data or content transmitted or received by You;
  • breach of these Terms by the User, including but not limited to any breach by the User of any representation or warranty in these Terms;
  • infringement by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
  • the violation by the User of any law, rule or regulation in force
  • any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by a third party using the User's personal username and password or other security measures, if any;
  • the User's willful misconduct; or
  • the violation of any legal provision by you or your affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law

Common provisions

No implied waiver

The failure of the Owner to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other right.

Interruption of Service

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other change, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.

In addition, the Service may not be available for reasons beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Resale Service

Users may not reproduce, duplicate, copy, sell, resell or exploit onstreamgallery.com or the Service in whole or in part without the prior written consent of the Owner, either directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in onstreamgallery.com's privacy policy.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights such as, for example, copyrights, trademarks, patents and designs relating to onstreamgallery.com are owned exclusively by the Owner or by his licensors and are protected pursuant to international regulations and treaties applicable to intellectual property.

All trademarks - whether word or figurative - and any other distinguishing marks, trade names, service marks, illustrations, images or logos that appear in connection with onstreamgallery.com are and shall remain the exclusive property of the owner or its licensors and shall be protected in accordance with applicable intellectual property laws and international treaties.

Changes to Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.

The changes will only affect your relationship with the User in the future.

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.

The previous applicable version continues to govern the relationship until accepted by the User. Such version may be requested from the Owner.

If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of its rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The provisions relating to the amendment of these Terms shall apply.

You may not assign or transfer your rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications regarding the use of onstreamgallery.com should be sent to the addresses indicated in this document.

Safeguard clause

Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the invalidity of the remaining provisions, which shall therefore remain valid and effective.

US users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with the original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.

European users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties will endeavour to find an amicable substitute for the void, invalid or unenforceable provision.
In case of failure to agree within the above terms, if permitted or provided for by the applicable law, the null, invalid or ineffective provision will be replaced by the applicable law.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of any specific provision of these Terms shall not render the entire Agreement null and void, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the Agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on either party.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict of law rules.

Exception for European Consumers

However, notwithstanding the above, if the User acts as a European Consumer and is ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

Place of jurisdiction

Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as set out in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute resolution

Amicable settlement of disputes

Users may report any disputes to the Controller, who will attempt to resolve them amicably.

Notwithstanding the Users' right to take legal action, in the event of any dispute arising out of or in connection with the use of onstreamgallery.com or the Service, please contact the Provider at the address indicated in this document.

You may direct a complaint to the email address of the Controller set out in this document, including a brief description and, where appropriate, details of the order, purchase or account affected.

The Owner will process the request without undue delay and within 21 days of receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.

Definitions and legal references

Last modified: 8 April 2021