All images © 2017 Kim Brusselmans. Shared images remain copyrighted by Kim Brusselmans and fall under article 2 or part 1, the use of the website.
Part 1:The use of the website
1. Information about us
The Website is a operated by Kim Brusselmans ("We", "Us", "Our"). We are registered in Spain. NIE. X5094353Z.
2. Intellectual property rights
This page (together with the documents referred to on it) tells you the terms on which you may use www.emotionmart.com ("the Website").
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.
No part of the images of the website may be produced, stored in any retrieval system or transmitted in any form or any means, electronic, mechanical, photocopying, recording or otherwise without prior permission in writing from Kim Brusselmans.
You must not use any part of the materials on the Website for commercial purposes without our prior written approval of Kim Brusselmans. In particular, you may not copy any of the images of emotionmart.com, sell them or redistribute them.
3. Accessing the Website
You may access the Website but we reserve the right to withdraw or amend the service that we provide on the Website without notice. We may also suspend access to the Website or close it indefinitely at any time.
We will not be liable if for any reason the Website is unavailable at any time or for any period.
We may restrict access to the Website or some parts of it to users who have registered with us.
When using the Website, you must comply with the provisions of our acceptable use policy.
4. Reliance on information posted
Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Website, or by anyone who may be informed of any of its contents.
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy and any of the material on the Website may be out of date at any given time. We are under no obligation to update the Website or its contents at any time.
5. Our liability
We shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
6. Information about you and your visits to the Website
By using the Website, you consent to such processing and you warrant that all information provided by you is accurate.
7. Linking to the Website
You may link to the Website's home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not link to the Website in any what which would suggest any form of association, approval or endorsement on our part where none exists.
The website from which you are linking must comply in all respects with the standards set out in our acceptable use policy.
We reserve the right to withdraw linking permission without notice.
8. Jurisdiction and applicable law
These terms and conditions are governed by Spanish law and the Courts of Santander, Spain shall have exclusive jurisdiction.
9. Your concerns
If you have any concerns about any material which appears on the Website, please contact [email protected]
10. Acceptable use policy
You must comply with this acceptable use policy when accessing the Website
You may use the Website for lawful purposes only.
You must not use the Website:
• If your use breaches any applicable law or regulation whether local, national or international.
• If your use is unlawful or fraudulent.
• If your use harms, or could harm, minors in any way.
• To send spam materials to other people.
• To post any contributions which contain material which is defamatory, obscene, offensive, hateful, inflammatory, deceptive, is likely to harass, upset, embarrass or impersonate any person or which is sexually explicit, promotes violence or any form of discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age, or which infringes any third party intellectual property rights or other rights.
• To knowingly introduce or transmit viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
• You must not gain, or attempt to gain, unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
• You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack or do anything that could disable or impair the Website.
If you breach any provisions of the Computer Misuse Act 1990 you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
If you breach these terms contained in this Acceptable Use Policy, your right to use the Website will cease immediately.
Part 2 - Emotionmart as a shop
The following articles are used if emotionmart sells something online.
Emotionmart.com is an online retail store for the sale and sharing of limited edition artworks, special print editions, books and DVD about the artist Kim Brusselmans
Please read carefully below for details of the agreement.
Article 1 – Object
These terms are concluded between, on the one hand, Kim Brusselmans whose registered office is located in Santander, Spain, X5094353Z, and customers who wish to make a purchase or share on emotionmart.com accessible website address: http://www.emotionmart.com ("Client(s)").
These terms set out the respective rights and obligations of the Company and Client.
The Client hereby represents and confirms that she or he is:
- A person over the age of 18 years having full legal capacity to enter into this agreement; or
- A person under the age of 18 years not dependent on any parent or legal guardian having full legal capacity to enter into this agreement.
Article 2 - Products and Availability
Emotionmart.com offers images, lithographs, other produced artworks for sale in limited or not limited quantities and books more particularly advertised (“Product”). Advertised Product offerings and prices are valid only until they are visible on the site and/or until stocks are exhausted (whether or not the website is updated to reflect current availability).
Emotionmart.com does not in any way guarantee the availability if any Product for sale generally or for any specified period but Company shall in good faith fulfil orders as they are received while stocks last.
It is possible that a Client shall be able to order a Product even though stocks may be exhausted. In such event, emotionmart.com shall promptly notify such Client by email that such is unavailable. Client expressly agrees that Company shall have no liability towards Client and no obligation to deliver a Product to Client.
If Company receives payment from a Client in respect of a Product which is no longer available, emotionmart.com shall make a full refund to Client within 30 days or issue a credit to Client for the amount received by Company as Client shall direct. Client accepts that in such event , as the applicable general law shall permit, Client shall not be entitled to claim that it has suffered any additional loss or damage since Client is aware that Company’s stock of Products is strictly limited.
Article 3 – Order
Client declares that Client has read these terms and conditions before placing the order and Client acknowledges that Client’s placing of the order implies acceptance of these terms.
Client shall provide emotionmart.com with all such information as Company requires on an online form including a valid email address.
A confirmation email acknowledging receipt of the order and containing all the information provided will be sent to the Client.
Client may purchase Products for personal use only and not for resale to the public. By placing your order, you certify that you are purchasing Products for personal use only and not for resale.
Article 4 – Pricing and Payment
The prices shown are quoted in euros. Prices include 20% value added tax for Spain and European Union resident Clients. VAT is not applied for Clients resident in the rest of the world.
Prices do not include domestic, european and international shipping cost neither include any customs clearance fees which shall be the responsibility and at the charge of Client.
Company shall accept payment by credit card, Paypal account, bank transfer or check.
The transfer of ownership of the Product to the Client shall be contingent on full payment being indefeasibly received by emotionmart.com
Company reserves the right of set-off and/or to refuse to make a delivery or to honor an order from any Client who has not fully paid or a previous order or with whom a payment dispute is underway.
Article 5 – Delivery
We do not ship to P.O. Boxes.
Please allow 3-5 business days for order processing and verification, and an additional 7-10 business days for delivery. EU and International orders are shipped service except for CENTRAL AFRICAN REPUBLIC, COMOROS, CUBA, EQUATORIAL GUINEA, FALKLANDS, GUINEA BISSAU, IRAN, JOHNSTON ISLAND, KIRIBATI, NORTH KOREA, MAYOTTE ISLAND, MYANMAR, NAURU, NIUE, RUSSIA, SAINT PIERRE ET MIQUELON, SAO TOME & PRINCIPE, SIERRA LEONE, SOLOMON ISLANDS, SOMALIA, ST. HELENA (S. ATLANTIC), SUDAN, SYRIA, TAJIKISTAN, TOKELAU ISLANDS, TURKMENISTAN, TUVALU, WAKE ISLANDS.
Client must take care when ordering all fields in the form of delivery, including their shipping information and specify hours of delivery preference while indicating a landline phone or mobile phone. Neither emotionmart.com nor paperboy shall be held liable for failure to grant because of an inaccuracy or error in the delivery address.
Emotionmart.com is not responsible :
- for any lost, stolen or damages shipment in relation to the shipping carrier.
- for any customs delays.
- for any lost, stolen, or damaged shipments in relation to customs delays and clearance.
Customers are responsible for :
- paying additional costs for applicable customs clearance fees.
- paying handling fees to have the order re-shipped as necessary.
- claiming made with the shipping carrier as necessary.
Article 7 - Return Policy
The Client has a right to withdraw from this agreement and return the Products for a period of 7 days from the date of delivery (the date of the postmark).
Products must be returned in their original packaging and in their original condition to the following address:
Emotionmart - Kim Brusselmans
Luis Quintanilla Isasi 6G-1A, 39011 Santander, Spain
The Client shall be refunded by all payment means within 30 days as from emotionmart. com ’s receipt of the cancellation request and subject to returning the Product.
The refund will include all sums paid by the Client.
Article 8 – Disclaimer
Emotionmart is subject to an obligation of means vis-à-vis the Client.
It is expressly agreed that any disruption in the supply of the service for any reason whatsoever, external intrusion or infection by computer virus, do not engage the responsibility of emotionmart.com.
In case of dissatisfaction for a Client for any reason whatsoever, he shall not be entitled to any compensation other than the reimbursement of his order.
Article 9 – Guarantees
After full payment of the order, the customer benefits from the legal guarantee of conformity and the warranty against latent accordance.
Article 10 – Privacy - Personal information.
Emotionmart.com respects our customer’s account information as private and confidential information and will never share this with any outside affiliation or individuals. Your information is secured and encrypted with the Secure Socket Layer Software.
Article 11– Intellectual Property
The acquisition of a product or other artwork does not give the Client any right of exploitation, representation, reproduction, display or dissemination of the artwork, in any medium whatsoever.
The artist, for having taken the initiative of its creation, remains the holder of copyright at all times on its creation, within the meaning of Spanish law.
Article 12 – Applicable Law – Disputes
These terms and conditions are governed by Spanish law and the Courts of Santander, Spain shall have exclusive jurisdiction.