Terms & Policies
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the nyfadopoulos.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”, “Products” or “Artworks”). This Agreement is legally binding between you (“User”, “you” or “your”) and “Anastasios Nyfadopoulos” (“Anastasios Nyfadopoulos”, “the artist”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and “Anastasios Nyfadopoulos”, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
- How we use your personal information
- Accounts and membership
2.1 If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
2.2 Providing false contact information of any kind may result in the termination of your account.
2.3 You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
- User content
3.1 We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
3.2 We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.
3.3 Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
3.4 Unless specifically permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
- The Artworks
4.1 You may only purchase Artworks from the Website if you are at least 18 years old.
4.2 The images of the Artworks on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Artworks. Your Artworks may vary slightly from those images.
4.3 All Artworks shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Artwork you have ordered is not available and we will not process that order.
4.4 We provide a full lifetime warranty unless stated otherwise on the Artwork Page, that the Artworks shall be free from material defects and the colors will remain intact. However, this warranty does not apply in the circumstances described in clause 4.5 and 4.6.
4.5 The warranty in clause 4.4 does not apply to any defect in the Artworks arising from: a) willful damage, abnormal storage, accident, negligence by you or by any third party; b) if you fail to operate or use the Artwork in accordance with its intention; c) any alteration or restoration by you or by a third party who is not one of our authorized partners; f) if you or any third party cleans the Artworks using a method different from the one described in clause 4.8; g) if the Artworks were only for indoors exposition and were subjected to direct or indirect (through mirror or glass without UV protection) sunlight, or h) if the Artworks were placed outdoors while it was not specified on the Artwork Page that they are for outdoors exposition.
4.6 The warranty in clause 4.4 does not apply to the yellowing of the resin used in the Artworks, as this may only occur if the Artworks are not for outdoors exposition and are subjected to direct or indirect (through mirror or glass without UV protection) sunlight.
4.7 This warranty is in addition to your legal rights in relation to Artworks that are faulty or not as described.
4.8 For the cleaning of the Artworks you must only use cold water and/or the microfiber cloth that is enclosed in the packaging of the Artworks.
- Billing and payments
5.1 You can only pay for Artworks using the payment method(s) displayed as available to pay for the relevant Artworks when you checkout.
5.2 During payment sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection.
5.3 If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
5.4 We reserve the right to change Artworks and Artworks pricing at any time. These changes will not affect any order already confirmed.
5.5 If we are unable to supply you with an Artwork, for example because that Artwork is not in stock or no longer available or because of an error in the price on the Website as, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Artworks, we will refund you the full amount as soon as possible.
5.6 If we discover an error in the price of the Artworks you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Artwork at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Artworks to you at the incorrect price.
- Delivery of the Artworks
6.1 Your order will be fulfilled as soon as reasonable, unless there is an Event Outside of Control, and we will provide you with a tracking number once the Artworks have been shipped. If we are unable to fulfil delivery because of an Event Outside of Control as this is defined in clause 10.2, we will contact you.
6.2 If you order Artworks from the Website for delivery to a destination not within the European Union, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
6.3 You must comply with all applicable laws and regulations of the country for which the Artworks are destined. We will not be liable or responsible if you break any such law.
6.4 The price of an Artwork does not include the Delivery Charges for delivering that Artwork to you (Delivery Charge) unless expressly stated on the Artwork page. Our Delivery Charges are as quoted on the Website from time to time. To check relevant Delivery Charges, please refer to the “Shipping” section on a respective Artwork page or to the “Calculate Shipping” section on the Cart Page when you place an Artwork in your cart.
6.4 Delivery will be completed when the Artworks are delivered to the address you gave us.
6.5 The Artworks will be your responsibility from the completion of delivery.
6.6 You own the Artworks once we have received payment in full, including all applicable Delivery Charges.
- Return and Refunds
7.1 Details of your legal right to cancel and an explanation of how to exercise it are provided in our Returns and Refunds section.
- Intellectual property rights
8.1 “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
8.2 This Agreement does not transfer to you any intellectual property owned by “Anastasios Nyfadopoulos” or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with “Anastasios Nyfadopoulos”.
8.3 All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of “Anastasios Nyfadopoulos” or its licensors.
8.4 Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties.
8.5 Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of “Anastasios Nyfadopoulos” or third party trademarks.
8.6 The artist, Anastasios Nyfadopoulos has the Copyright of all the Artworks and the images of the Artworks on the Website.
8.7 The artist, Anastasios Nyfadopoulos retains the Copyright of the Artworks you purchase from the Website or “Anastasios Nyfadopoulos” physical showroom or any third party selling Artworks created by “Anastasios Nyfadopoulos”.
- Resale Right
9.1 The artist, Anastasios Nyfadopoulos is entitled to the resale right according to the Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art.
- Events outside of control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside of Control. An Event Outside of Control is defined below in clause 10.2.
10.2 An Event Outside of Control means any act or event beyond reasonable control, including without limitation adverse weather conditions, natural disasters, fires, explosion, floods, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, subsidence, epidemic or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside of Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside of Control. Where the Event Outside of Control affects delivery of Artworks to you, a new delivery date will be arranged with you after the Event Outside of Control is over.
- Accuracy of information
11.1 Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order).
11.2 We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
12.1 We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
- Links to other resources
13.1 Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.
13.2 We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
- Prohibited uses
14.1 In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
- Limitation of liability
15.1 To the fullest extent permitted by applicable law, in no event will “Anastasios Nyfadopoulos”, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
15.2 To the maximum extent permitted by applicable law, the aggregate liability of “Anastasios Nyfadopoulos” and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one euro or any amounts actually paid in cash by you to “Anastasios Nyfadopoulos” for the prior one month period prior to the first event or occurrence giving rise to such liability.
15.3 The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
16.1 You agree to indemnify and hold “Anastasios Nyfadopoulos” and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
17.1 All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
- Dispute resolution
18.1 The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Greece without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Greece. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts of Athens, Greece, and you hereby submit to the personal jurisdiction of such courts.
- Changes and amendments
19.1 We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you.
19.2 Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
- Acceptance of these terms
20.1 You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
- Contacting us
21.1 If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to firstname.lastname@example.org or write a letter to 9 Kerkyras Street, Maroussi 15126 Athens, Greece.
This document was last updated on December 23, 2020