Create and purchase customized products –Terms & Conditions
Our Website and Services
Martin Sotelano and its brands/platforms/websites provide a number of Internet-based services through our Websites (all such services, collectively, the “Services”). One such service enables users to create and purchase customized products, including without limitation, framed and unframed canvas prints (collectively, “Products”). Users may create and purchase individual Products for their own use through the Services. We may offer a number of additional services on the Website, such as galleries, message boards, contests, and newsletters, which may change from time-to-time.
All pages within this Martin Sotelano and its brands/platforms/websites and any material made available for download are the property of Sotelano Media Ltd., or its licensors or suppliers, as applicable. The Website is protected by UK and international copyright and trademark laws. The contents of the Websites, including, without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, “Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by Martin Sotelano You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, the Content, or other proprietary information (including images, text, page layout, or form) without our written consent.
You may purchase Products and Services on the Website. We accept all major credit cards issued by PayPal and Stripe services. If you purchase any Products or Services, you agree to do so in accordance with instructions provided on the Website, and agree to comply with any additional terms that may be provided. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. You represent and warrant that if you are making online payments that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honoured by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
You may use the Website and Services only as expressly permitted by Martin Sotelano and its brands/platforms/websites.
Printing Services, User Generated Content, and Submissions
As part of these Services, we may offers a service that allows you to upload images, artworks, photographs, graphic designs, and other content (collectively, “User Generated Content”) to the Website to create, produce, and purchase Products featuring the uploaded Content for your own use (“Printing Service”).
If you wish to use the Printing Service, you will upload or deliver to us all User Generated Content that you want to use with the service in accordance with the applicable instructions on the Website. We may, in our sole and exclusive discretion, determine whether any User Generated Content complies with such instructions and is satisfactory for use with the Printing Service.
You will retain ownership of the User Generated Content that you upload to the Website. You hereby grant to us a royalty-free, worldwide, transferable, non-exclusive, sub licensable, right and license to use such User Generated Content, in all media existing now or created in the future, as we deem necessary to enable you to fully use the Printing Service and for us to provide the Printing Service. We may sublicense the rights that you grant to us in this Section to a third party subcontractor for any appropriate purpose including, but not limited to, providing the Printing Service, processing your order, and producing and shipping your Products.
As a part of our Services, you may have the option of creating a gallery of your User Generated Content (“Gallery”). You are responsible for all the content in your Gallery. You understand and agree that we shall not be liable for any access to, use of or disclosure of any User Generated Content, including images, comments or other content in your Gallery. We may require you to change the URL for your Gallery.
You agree not to provide any User Generated Content, comments, ideas, suggestions, information, files, videos, images, or other materials that (i) is defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behaviour, (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (iii) contains or transmits a virus or any other harmful component. You represent and warrant to us that you have the legal right and authorization to provide all User Generated Content, comments, ideas, suggestions, information, files, videos, images, and any other materials to us for the purpose and use as set forth herein. You agree not to contact other users of the Website through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You grant Martin Sotelano and its brands/platforms/websites the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Martin Sotelano and its brands/platforms/websites and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
All brand, product, and service names used on the Website which identify us or other third parties and their products are the proprietary marks of Martin Sotelano and its brands/platforms/websites and/or the relevant third parties. Nothing in these Terms shall be deemed to confer on any person any license or right on the part of Martin Sotelano and its brands/platforms/websites or any third party with respect to any such image, logo, or name. You shall not make any use of any Martin Sotelano and its brands/platforms/websites trademarks, logos, or trade dress without our prior express and written approval.
All User Generated Content and other materials are subject to review and examination by us. Any and all images are subject to all applicable laws, and any perceived violations of law will be reported by us to the applicable law enforcement authorities. We reserve the right in our sole and absolute discretion to refuse to process or post any User Generated Content and other materials that we deem objectionable.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications, or any other information (“Submissions”), you grant us permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that we will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the like arising from our use of a Submission.
We will not print certain images. Users are not permitted to request that we print images containing or relating to the following:
1. racist material;
2. material that is likely to incite hatred against any person or group;
3. defamatory or otherwise actionable material;
4. material that is libellous in nature;
5. images of any criminal act;
6. material, the use or inclusion of which infringes any copyright, trademark, or other intellectual property right of a third party; or
7. Material which breaches any applicable laws or legislation.
OUR GOODS (PRINTING, MOUNTING AND FRAMING)
We provide a number of goods including printing, mounting and framing. The types of printing and mounting and framing options are available on our website as updated from time to time. The images of the goods on our site are for illustrative purposes only. We will match, within industry standard tolerances, the images you see on your screen with the prints, provided you have diligently followed the colour management procedure detailed on our website and your equipment and software is up to date. Although we are likely to use our discretion and high standards of customer care in this matter to ensure your happiness as a customer, we do so at our discretion and our judgement on what is defined as an acceptable colour variation is final
You may order a sample pack of prints. The price for the sample prints is on our website. We do not accept any returns of any sample packs.
Making sure your measurements are accurate.
If we are making a frame to measurements you have given us you are responsible for ensuring that these measurements are correct. You will not be able to receive a refund for any mistakes as a result of incorrect measurements being provided to us.
Accuracy of frames.
Although we have made every effort to be as accurate as possible, because some of our frames are handmade, their sizes, weights, capacities, dimensions and measurements indicated on our site have a reasonable industry standard tolerance.
When you become responsible for the goods.
Goods will be your responsibility from the time we deliver the goods to the address you gave us or you person authorised by you to collect it from us (they must provide the order number and number of prints to be collected).
When you own goods.
You own the goods once we have received payment in full.
All items purchased through this Website are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on our shipment to the shipping carrier. We reserve the right to ship partial orders.
Any and all products available for purchase or license on the Website are subject to the export control laws and regulations of the UK and any other countries, as applicable. In purchasing any of the products, you agree not to dispose through export, re-export, trans-shipment, or otherwise, of any product purchased or licensed from or through Martin Sotelano and its brands/platforms/websites, except in accordance with all applicable export control laws and regulations.
Delivery of the goods.
• We shall send you an email to confirm the goods have been dispatched and shall aim to dispatch the goods as follows:
• Prints dispatched to your nominated address within 72 hours of your order being accepted by us; or mounted prints dispatched within five working days of your order being accepted by us; or hand-made framed prints dispatched within 10 working days of your order being accepted by us.
• We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may
• Contact us to cancel your order and receive a refund for any goods you have paid for but not received.
• If you are not at home when the product is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, the delivery company will inform you of how you may receive your goods. You should refer to the terms and conditions of the delivery company for more information.
• If you do not re-arrange delivery. After a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and you will receive a refund for any goods you have paid for but not received, less any delivery charges and other administrative charged involved in delivering, handling and storing your goods.
• We deliver to the countries listed on our website (International Delivery Destinations). However, there are restrictions on some goods for certain International Delivery Destinations, so please review the information on that page carefully before ordering goods.
• If you order goods from our site for delivery to one of the International Delivery Destinations, 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.
• You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable or responsible if you break any such law.
• Quality of file uploads. You must ensure that any Images uploaded to our website are of a good quality. We will only reproduce goods which match the image uploaded and based on the constraints of type and paper. We are not responsible for poor print quality of an image where the uploaded image was of a poor quality. The maximum upload size is 2GB (2048MB). Failure to adhere to this clause may lead to us not being able to satisfy your order.
Goods packaging may vary.
The packaging of the product may vary from that shown in images on our websites.