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    Terms and Conditions

    Terms and Conditions

    Web Site: https://ombrapiatta.com

    Ombra Piatta

    First. Del Portal and its Owners. Thank you for accessing the Ombra Piatta site, for accessing, browsing and / or using the Portal you (the “User”) acknowledge that you have read, understood in its entirety and unconditionally accepted to abide by the following Terms and Conditions of Use and Contracting ( the “Terms of Use”), which have the character of binding for the User from the moment of accessing, browsing and / or using the Portal. In the event that the User is not in compliance with the Terms of Use, he / she must refrain from using or accessing the Site and abandoning it immediately. It is recommended that the User review these Terms of Use on a regular basis, since they, in accordance with the provisions set forth below, may be modified by Ombra Piatta periodically. The continuous 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 in it are the property of Ombra Piatta, and / or its legitimate owners in accordance with the applicable laws.

    Second. Authorized Use of the Portal. Ombra Piatta authorizes the User to use the Portal only and exclusively for the purposes of:

    (i) consult the information related to the Works; or
    (ii) acquire the Works. Nothing in these Terms of Use authorizes the User to dispose, profit or otherwise use the Portal or the information contained in it, whether it is visible or not. Ombra Piatta reserves the right to limit or deny the use authorization referred to at any time and without the need for prior notice, without liability for Ombra Piatta.

    Third. Registry. Ombra Piatta, in its sole discretion, may establish in the Portal private or restricted access areas, which will be accessible only and exclusively by the persons that Ombra Piatta determines in its sole discretion, including areas designated as “registered users”, in which will allow access and navigation to the User whenever it agrees to register in the Portal and provide Ombra Piatta certain information and personal data (the “Personal Data”). To know the terms under which Ombra Piatta will keep and use said Personal Data, data and any other information 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 Ombra Piatta in all its fields with valid data. The User must complete it with their Personal Data that is accurate, accurate and true at all times 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. Ombra Piatta will be authorized, but not obliged, to verify the foregoing and for said purposes to request the User to provide documentation or physical evidence of their Personal Data.

    The User may access your Account and modify it, update it and / or cancel it, through your registered email address or a username, as determined by Ombra Piatta at its sole discretion, and a security code (“Password” ). The User undertakes to keep such data confidential and recognizes that the secrecy and safeguarding thereof, except for breaches to the security of the Portal, are the sole and exclusive responsibility of the User.

    Likewise, the User agrees that the Account will be used solely and exclusively for their personal use and therefore will not be transferable or transferable, totally or partially in any of its elements, nor should their shared use by any third party be allowed, nevertheless which, in the event that the above occurs, will not release the User from any misuse that is given to your Personal Data or the Portal, including any damage to it.

    Likewise, the User agrees that they may open only one Account, and therefore accepts that in the event that their Personal Data substantially coincides with the data corresponding to another Account, Ombra Piatta shall 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 your Account or knows the Password, the User undertakes to inform Ombra Piatta of this situation immediately, who may adopt the measures he deems necessary.

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

    Fourth. No Access Guarantees Ombra Piatta is not responsible or guarantees the correct use of the Portal, nor that it is available continuously, by virtue of which, any failure or interruption in it and / or the damages that the User or any third party could suffer as a consequence, it will not be the responsibility of Ombra Piatta.

    The User expressly and irrevocably releases Ombra Piatta from any liability it may incur under the applicable law in relation to the foregoing and waives any actions it may have in this regard. Ombra Piatta does not guarantee that the Portal is free of errors, viruses and interruptions.

    Fifth. Services and Products. Through the Portal, works of art will be commercialized (in a non-limiting way: painting, sculpture, photography, drawing, lithographs) (the “Works”). The Works are produced by third parties unrelated to Ombra Piatta, by virtue of which any responsibility related to them will correspond to said manufacturers in accordance with the applicable legislation.

    Through the Portal, Ombra Piatta will market among the Users the joint service of selection, packaging and delivery of the Works to the registered users.

    Sixth. Deliveries. Ombra Piatta will be solely and exclusively responsible to each User for the timely provision of the delivery service. The postage and expenses associated with the delivery of the Works to the address registered by the User, shall be borne by Ombra Piatta and are included in the consideration paid by the User at the time of purchasing a Work. At the time of contracting an Account, the User must register an address to receive the Works. Ombra Piatta reserves the right to determine the geographical area in which the aforementioned addresses must be located for the purpose of being susceptible to delivery and / or to make an extra charge for shipping costs to those geographical areas that due to their distance, geographical conditions , delinquency or any other, suppose an extra expense for Ombra Piatta.

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

    Seventh. Return policy. DO NOT accept returns from the Obra

    Eighth. Violations to the System. No action or use of device, software, code or similar that has the purpose of interfering with the operations of the Portal is permitted.

    Nineth. Suspensions Ombra Piatta 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 to the amount of the payments actually made by the User who were pending to apply to the Work.

    Tenth. Limit to Responsibility Ombra Piatta. Ombra Piatta will not have any responsibility before 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, the responsibility of Ombra Piatta will be limited to a maximum equal to the price of said Work. In case Ombra Piatta is responsible for service failures, this one may agree with the corresponding user, the way to compensate, which may be through the granting of bonuses, work, etc. The acceptance by said User of the foregoing, will free Ombra Piatta from any claim arising in relation to the failures or breaches referred to above.

    Tenth first. Intellectual property. The User acknowledges that the use of the Portal does not grant any right in relation to the information published in the same or corresponding to its components, which are owned by Ombra Piatta and / or the artists. The User undertakes to abstain from using the elements of the Portal (including its elements and / or non-visible information, code or similar) for any purpose other than those expressly set forth in these Terms and Conditions. To the extent permitted by law applicable, the User waives in a free and irrevocable manner, in favor of Ombra Piatta, any rights it may have over the texts, opinions, photographs and contributions made to the Portal. In case that according to the applicable legislation these rights could not be waived and transferred in favor of Ombra Piatta, the User grants to it a free, assignable, sublicensable license and for the maximum period allowed by the applicable law, so that Ombra Piatta use, exploit and enjoy these rights. The above in no way should be understood to apply 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 remove in peace and safety Ombra Piatta and its representatives, from any damage, prejudice or claim that results against them for the use, distribution and publicity of said information.

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

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

    Tenth fourth. Jurisdiction and Applicable Law. These Terms and Conditions will be regulated and interpreted in accordance with the laws applicable in Mexico. For any dispute arising in relation to these and / or the use of the Portal, Ombra Piatta and the User submit themselves to the competent courts in Mexico City, Mexico, waiving any other jurisdiction that may correspond to their present or future address. or for any other reason .

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