Terms and Conditions

Welcome to the Nogueras Blanchard S.L (“NoguerasBlanchard Gallery”) Website located at (“Site”). The following terms of use (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. For this reason, please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site and must exit immediately.

1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, NoguerasBlanchard Gallery is not responsible for any errors or omissions in the Site or Site Materials, and NoguerasBlanchard Gallery is not responsible for any errors or omissions in the Site or Site Materials.

2. Proprietary Rights. As between you and NoguerasBlanchard Gallery, NoguerasBlanchard Gallery owns or licenses, solely or exclusively, all copyright, trademarks, domain names, design rights, database rights, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without NoguerasBlanchard Gallery’s written permission, provided that you comply with the following conditions:

(2.1) the content may only be used for personal, educational or noncommercial purposes;

(2.2) none of the content may be altered or modified;

(2.3) you must cite the author and source of the content; and

(2.4) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.

3. Unauthorized Activities. You agree that you will not use the Site for

(3.1) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws);

(3.2) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with NoguerasBlanchard Gallery;

(3.3) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature;

(3.4) contacting any other visitor of the Site who has requested not to be contacted; or

(3.5) attempting to gain unauthorized access to NoguerasBlanchard Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.

4. Materials Submitted to the Site. The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to NoguerasBlanchard Gallery, you grant NoguerasBlanchard Gallery a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever.

5. Newsletter. You may use the Site without registering or submitting any personally identifiable information. As a service, NoguerasBlanchard Gallery offers visitors to the Website the opportunity to subscribe to the NoguerasBlanchard Gallery email newsletter (the “Newsletter”). To subscribe to the Newsletter, you will be asked to submit your name and email address (the “Subscriber Information”). You may subscribe or unsubscribe at any time by following the instructions on the Newsletter.

6. Payments to the Site. By purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In connection with facilitating purchases made from this Website, we may use the services of third parties, including NoguerasBlanchard Gallery. All personal information collected from you in connection with a purchase of products on the Website (the “User Information”) shall be subject to the NoguerasBlanchard Gallery privacy policy (click NoguerasBlanchard Gallery to view), which is incorporated herein by reference as if set forth fully here. In addition, we may store your User Information (but not your credit card information) in order to process your order and any applicable returns. Our use of this User Information is subject to our Privacy Policy which can be found in NoguerasBlanchard Gallery, and which is incorporated herein by reference as if set forth fully here. You acknowledge and agree that you are solely responsible for the accuracy of your User Information.

7. Return Policy. The following return policy is applicable to the purchase of all products from the Site:

If you are unhappy with any product you purchase on this Site for any reason, you may return it to us in its original condition within 14 working days and we will provide a full refund (excluding delivery costs). If the reason for the return is the result of our error, or if the item was damaged before it reached you, we will also refund the delivery costs.

To make a return please send back the item securely wrapped, along with your delivery note and a letter explaining the reason for the return.

Please send the package to the address below:

NoguerasBlanchard, Calle Doctor Fourquet, 4, 28012, Madrid, Spain.

We recommend that you use a delivery service with tracking information.

If you have any other queries about our returns policy, please email us at info@noguerasblanchard.com.

8. Third Party Web Sites and Content. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for the convenience of visitors in locating information, products, or services that may be of interest. NoguerasBlanchard Gallery have no control over third party websites and accept no legal responsibility for any content, material or information contained on them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. NoguerasBlanchard Gallery does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.

9. Privacy Policy. Any personal information that you provide to NoguerasBlanchard Gallery on the Site is subject to our Privacy Policy. For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.

10. Disclaimer. NoguerasBlanchard Gallery is not responsible for and do not guarantee the accuracy or completeness of any Website Proprietary Content or other items contained within the Site. NoguerasBlanchard Gallery reserves the right to immediately remove or make changes to any Site Proprietary Contents for any reason or for no reason in our sole discretion. The Site, the Site materials, User Materials and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. NoguerasBlanchard Gallery and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.

11. Liability. NoguerasBlanchard Gallery and its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or NoguerasBlanchard Gallery had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of NoguerasBlanchard Gallery and its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials or User Materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of NoguerasBlanchard Gallery and its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel NoguerasBlanchard Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

12. Indemnification. You shall indemnify NoguerasBlanchard Gallery and its members, managers, directors, officers, employees, agents, contractors and licensors (“NoguerasBlanchard Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to NoguerasBlanchard Gallery), or any breach by you of these Terms and shall indemnify and hold NoguerasBlanchard Gallery Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.

13. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to NoguerasBlanchard Gallery at info@noguerasblanchard.com a comprehensive detailed message setting forth the following information:

(13.1) your name and the name of your company, if any;

(13.2) your contact information, including your e-mail address;

(13.3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and

(13.4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

14. Changes to these Terms. NoguerasBlanchard Gallery reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. NoguerasBlanchard Gallery reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing NoguerasBlanchard Gallery with untrue or inaccurate information about yourself, for infringement upon NoguerasBlanchard Gallery proprietary rights, or for any other reason whatsoever or for no reason.

15. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and NoguerasBlanchard Gallery with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the Spanish Government, without reference to its conflict of law rules.

16. Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within Spain. Without limiting anything else, NoguerasBlanchard Gallery makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of NoguerasBlanchard Gallery to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

 

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