Terms and conditions

Mark Callus Art operates this website, 21 Triq tal Fieres, Kirkop, Malta KKP1503. VAT – MT17355206

Throughout the site, the terms “Mark Callus Art”, “we”, “us”, and “our” refer to “Mark Callus Art”. These Terms and Conditions (“T&C”) expressly incorporate by reference and include the Mark Callus Art Privacy Policy and Cookie Policy and any other guidelines, rules or disclaimers that may be posted or updated on specific web pages herein or any notice sent to you. When entering the Site, you agree to the following terms. These Terms apply when you, as a consumer (“you”) place an order through the Site. If you disagree with these Terms, please do not use this Site. At our complete discretion, Mark Callus Art reserves the right to change, modify, add, or remove portions of these Terms at any time. We encourage you to review these Terms occasionally because any changes are binding on you. Your continued use of this Site after posting changes to these Terms will mean you accept these changes.

To place an order
To purchase through the Site, you must accept the T&C. By accepting the T&C, you agree to be bound by the T&C as a whole and agree that you have read the information on personal data and consented to use personal data and cookies according to Mark Callus Art´s Privacy Policy. 

Commissioned work done by Mark Callus Art will be done only after confirmation of Mark Callus Art. You must agree to pay 50% of the quoted price upfront and the remaining 50% upon delivery. Commissioned work is not refundable. 

A purchase agreement is concluded only when Mark Callus Art has confirmed your order and the full payment. Mark Callus Art prompts you to save this confirmation for any commissions with Mark Callus Art. You may cancel your order until the seller has confirmed it. If the seller cancels the order, any payments you or credit card companies have made regarding the order will be refunded.

Customer data
We are committed to protecting the privacy of the visitors to the Site. When you register your user account and/or place an order, you will be asked to provide specific personal data about yourself, which Mark Callus Art will use, e.g., to fulfil your order. You acknowledge that any information you fill in is correct and complete, and you are responsible for incorrectly completed information. Detailed information about Mark Callus Art´s processing of personal data is contained in Mark Callus Art´s Privacy Policy.

Any personal and payment details information is encrypted using SSL encryption for secure transmission.
You agree to ensure that only you can use your login information. You may not reveal usernames and passwords for any unauthorised use. You shall immediately notify Mark Callus Art if you suspect that an unauthorised person has access to your password. You are responsible for all purchases with these credentials if such notification is not made.

If Mark Callus Art suspects you are abusing your user account, accessing data, or otherwise violating the T&C, Mark Callus Art has the right to suspend you as a customer. Mark Callus Art also has the right to assign you new login details.

Intellectual property rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Mark Callus Art, its licensors or other providers of such material. Malta and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws protect them.

Suppose you send information or material to Mark Callus Art or post information or materials on the Site. In that case, you are solely responsible for ensuring that you can take such actions and will not infringe any other party’s rights. You acknowledge and accept that Mark Callus Art automatically and immediately upon receipt thereof is given a non-exclusive, royalty-free, transferrable and licensable license to such information and materials, with full and free right of disposal, including but not limited to the right to make changes and publications of the information and materials.

Unless otherwise indicated, using any person’s or entity’s brand name, trademark, name, image, or likeness in any of the paintings or other works being offered for sale on this website is solely the artistic choice of the individual artist. Such use is not intended to indicate that this person or entity has in any way licensed or agreed thereto, has endorsed Mark Callus Art or the sale of that work, or is collaborating with Mark Callus Art, the artist or any other person or entity in any manner.

Copyright
Except as outlined in these T&C or mandatory law, you may not copy, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the T&C or mandatory law), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or the Site, in whole or in part. You may access the Site for your personal, non-commercial use only. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without prior written permission from Mark Callus Art or the copyright holder identified in the individual content’s proprietary notices, including copyright notice. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title, and interest in and to all aspects of the Site remain the property of Mark Callus Art. Material on this Site is provided for lawful purposes only. Mark Callus Art is intellectual property rights owned by Mark Callus Art and/or its affiliates, subsidiaries, parent, or related companies. The use or misuse of these trademarks is prohibited. All other trademarks are the property of the respective trademark owners.

Prices and fees
The prices indicated on the Site include VAT but do not include other fees, such as delivery charges or payment fees. The cart will show the total price, including any applicable fees.

You must be over 18 years of age to buy from this Site. In individual cases, Mark Callus Art reserves the right to deny or modify an order (for example, if You have indicated false personal information and/or have a record of non-payment of a debt).

Mark Callus Art reserves for products to be sold out, any image and typographical errors on the Site, incorrect prices and price adjustments (such as currency fluctuations) or misinformation regarding whether a product is in stock. Mark Callus Art has the right to correct errors and change or update information at any time.

Payment
Mark Callus Art offers the following payment methods:

Online Payments
Mark Callus Art and our partners Revolut and IBAN bank transfers provide a safe way for card payments and meet the requirements of PCI DSS (Payment Card Industry Security Standard). 

Cancellation of an order
In connection with an order of goods for which the right of withdrawal does not apply, you will receive clear information. Please note that special collections and commissioned work may be subject to a return policy that may differ from our standard return policy.

For purchases made within the European Union (“EU”):
As an EU consumer, You have the right to cancel a purchase without giving reasons, following the rules on withdrawal set out in the Distance and Off-Premises Contracts Act. Your right to cancel an order is valid for 14 days from the day you receive the goods.

Upon exercise of the right to cancel or return an order, contact us at markcallusart@gmail.com for help with your return. Mark Callus Art will not be responsible for the shipping cost of the return.

The merchandise must be well packaged, in good condition and the original packaging.

The right does not apply to goods produced according to customer specifications or otherwise have been personalized.

If You wish to cancel a purchase made through the Site, You should, before the withdrawal period has expired, send a message to Mark Callus Art in the manner specified here. You must enter Your name, address and other relevant information, such as order number, invoice number and name of the item in the message.

Once You cancel Your purchase, the amount You have paid for the product will be refunded to You (this does not include compensation for any increased delivery costs if You have chosen not to use our standard delivery option). The amount to be repaid to You will be paid to You by Mark Callus Art as soon as possible, but no later than within 14 days from the date of Your notice of exercise of the right of cancellation has been received. Mark Callus Art may withhold reimbursement until Mark Callus Art has received the goods or until You have shown that the goods have been returned. The refund will be done via the payment option You chose, provided that, unless otherwise agreed, there are no obstacles to such reimbursement. You will not be affected by any fees or charges due to Your choice of payment method. The provisions set forth herein do not limit any applicable statutory rights.

Warranties
The warranty covers goods that are defective according to applicable consumer protection legislation. You have a statutory right to make a complaint. Customers wishing to assert an error in a product should contact Mark Callus Art immediately after discovering the defect using the contact information below. You have a one-year warranty on the goods purchased on the Site.

A complaint concerning an error must be made without undue delay after You have or should have discovered the error. You can always make a complaint within two weeks after discovering the error. Upon receipt of the delivery, you should carefully examine the product to ensure it is error-free and meets Your expectations.

On suspicion of shipping damage, please get in touch with Mark Callus Art on the day of receiving the shipment. Under no circumstances should the delivery be bailed out if You suspect damage to the packaging, even if You suspect the content is undamaged. If damage is discovered after the package has been broken, You should immediately contact Mark Callus Art.

Shipping charges are refunded for approved claims.
When Mark Callus Art has received the defective product and Your complaint has been accepted, Mark Callus Art will compensate You following applicable consumer protection legislation. Mark Callus Art aims for this to happen within 30 days of receipt of the complaint, but it can take longer. Mark Callus Art reserves the right to deny a claim if it turns out that the product is not defective in accordance with applicable consumer protection legislation. For complaints related to EU purchases, Mark Callus Art follows guidelines from the National Board for Consumer Disputes or equivalent councils in other European countries.

Delivery
Mark Callus Art delivers to a sample of countries specified below:

Countries within the European Union
The United States of America

If an order is shipped to a delivery address outside the EU, you may be subject to import duties and taxes, which are collected when the shipment reaches your delivery address. You will be responsible for the payment of such import duties and taxes. It should be noted that Mark Callus Art has no control over these charges, and since these charges are different for different countries, Mark Callus Art cannot predict their amount. Mark Callus Art advises contacting your local customs office for further information.

Unclaimed delivery
If Your product has not been collected from the delivery point, Mark Callus Art reserves the right to charge all costs arising from this return to You.

Delivery delay
If there is a delay in the delivery, You will be notified by Mark Callus Art.

Responsibility for transport
Mark Callus Art is responsible if the item is damaged or lost during shipment or transport from Mark Callus Art to You.

Force majeure
Mark Callus Art is not responsible for delays caused by circumstances outside of Mark Callus Art’s control, such as general labour conflict, war, fire, lightning strikes, terrorist attacks, amended agency regulation, technical problems, failure of electric/telephone/data links or other communications or fault or delays in services from subcontractors due to circumstances stated herein. These circumstances shall constitute grounds for freedom from liability and other sanctions. If such circumstances arise, Mark Callus Art will inform You both at the beginning and the end of the period of the current situation. If the event lasts longer than two months, You and Mark Callus Art are entitled to cancel the purchase immediately.

Change of contract terms
Mark Callus Art reserves the right to withdraw or modify these Terms at any time. New conditions will be published on Mark Callus Art without notice. Changes apply when you have accepted the Terms (in conjunction with a new purchase or creation of a user account). Mark Callus Art recommends that You keep Yourself updated on the Site periodically to be aware of any changes to these Terms.

If the competent court or authority finds that any provision of these Terms is invalid or unenforceable, the provision in question and all other provisions shall remain in force and enforceable to the extent allowed by applicable law. The provisions declared invalid or unenforceable will be replaced by the relevant legal guidance and advice.

Liability and warranties
If we breach these Terms, we shall only be liable for losses which are a foreseeable consequence of such breach. We are not responsible for indirect losses, for example loss of profit. Our maximum liability to You for any loss or damage arising in connection with Your order on the Site shall be limited to the total price of Your order.

UNDER NO CIRCUMSTANCES SHALL MARKCALLUSART OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, MARK CALLUS ART DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MARK CALLUS ART DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT MARK CALLUS ART) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MARK CALLUS ART’S LIABILITY CONCERNING ANY MATTER FOR WHICH IT WOULD BE UNLAWFUL TO LIMIT OR EXCLUDE OUR LIABILITY.

Linked Internet web sites
This site contains links to other internet sites and resources. Mark Callus Art is not responsible for the availability of external sites or resources linked to this site. He does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Transactions between you and the third party are strictly between you and the third party and are not the responsibility of Mark Callus Art. Because Mark Callus Art is not responsible for the availability of these outside resources or their content, you should review the Terms of these linked sites, as their terms and conditions of use may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Governing law and disputes
For purchases made by consumers located within the EU:

All matters relating to the Site and these Terms shall be governed by the laws of Malta, notwithstanding any provisions of conflicts of laws. Nothing herein shall prevent the application and enforcement of mandatory law.

Disputes shall primarily be resolved by consensus after discussion with Mark Callus Art’s customer service. In any dispute, Mark Callus Art will follow the decision of the National Board for Consumer Disputes or, ultimately, by the courts of Malta.

For purchases made by consumers located outside the EU:
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed following the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

General information
Mark Callus Art
VAT no. MT17355206
Address: 21 Triq tal-Fieres, Kirkop KKP1503 Malta Telefon: +35679805132
Email: markcallusart@gmail.com