1. General terms and conditions
The following terms and conditions (henceforth: the Terms and Conditions”) are valid between you and TheArtpark and apply to all use of and orders placed on TheArtpark website each-other.com, and orders made by telephone, e-mail or by live chat with TheArtpark’s Customer Service team (henceforth together: the “Website”). Please note that TheArtpark does not guarantee that all products presented on the Website are in stock or are available for purchase. TheArtpark reserves its right to stop selling a product. Orders can only be placed by persons that are 18 years or older. TheArtpark reserves the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order is always the terms and conditions that is in effect as of the time that you place your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.
The language of the Terms and Conditions is English.
3. My account
When creating an account online, you will be able to choose a password with which you can log in to your account online and view your order history and track your order. If you would like to delete an account you can also contact email@example.com and the customer care team will assist you. If you sign up, you can also chose to store a credit card for a future purchase. All information regarding your stored credit cards can be changed and deleted when logging in to your account.
4. Placing order
5. Order confirmation
After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
6. Acceptance and shipping confirmation
Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order. Please note that TheArtpark does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product we will refund you the amount of the purchase.
TheArtpark is aiming to describe the products at the Website as correctly as possible. However, please note that due to the color settings of your computer, the colors of the products shown in the pictures on the Website can differ somewhat from their actual colors. TheArtpark cannot be held responsible for any such discrepancy.
The prices and delivery costs shown on the Website include VAT. The prices and delivery costs shown on the Website may vary from time to time and TheArtpark is not bound by the price until TheArtpark has accepted the order by sending the shipping confirmation to you. The prices may also vary between the physical store and the Website. If you have placed an order and the price has changed before we have accepted your order (by sending you the shipping confirmation), we will notify you by e-mail about the price change and give you the option to place a new order with the new price or cancel the old order. If we are unable to contact you, your order will be cancelled. TheArtpark always reserves the right to cancel any order prior to our acceptance of the order. If we already have received payment for a cancelled order we will refund you the amount of the purchase. Please also note the TheArtpark may cancel the order even if it has been accepted by TheArtpark under the condition that you realize or should have realized that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage.
The following payments are accepted.
— Credit cards and debit cards
Payment can be made by the following credit cards: Visa, Mastercard and American Express. Payment can also be made by the following debit cards: Visa and Maestro. (Maestro and Visa Electron: please check with your bank to make sure your card is valid for online purchases). The purchases made with Visa and Mastercard are verified by a secure code. Please note that your card is debited with the purchase amount once TheArtpark has sent you the order confirmation email. We do our best to make the Website as secure as possible. All credit/debit card transactions on the Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account upon acceptance of your order by TheArtpark. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to TheArtpark, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.
When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.
Please note that when invoice payment is chosen your shipping address needs to be your registered residence.
— Stored Credit Cards
At Checkout you can chose to save your credit card for future purchases if you are logged in to your TheArtpark account. Your details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop.
— Gift Cards
When placing an order using a gift card as payment, the order can only be shipped to the same country as to where the gift card was issued. TheArtpark are unable to change the currency of the gift card, and it is always country specific. Gift cards purchased online cannot be used in store, and gift cards purchased in store cannot be used online. Gift cards are valid one year from the date when they were purchased.
— Shipping methods
We offer different shipping methods to meet your needs as further specified when you check out. Dispatch of orders may take up to 7 business days but we aim to dispatch all orders within 24 hours during week days, or 2-3 business days during sales periods. Please note that delivery times are provided as guidelines only, and commence from the date of dispatch. The delivery times do not take into account possible delays caused by payment authorization and/or stock availability. If TheArtpark fails to deliver within 30 days, you may have the right to cancel the purchase.
Your order will be delivered to your local delivery point or to your home. A delivery notification will be sent via SMS or e-mail when your package is ready to be collected or delivered to your home.
All orders are fully traceable on the Website by logging in to My account. Click “My Orders” and fill in the tracking number for updated information about your shipment.
— First-time order policy
For security purposes, TheArtpark reserves the right to ship first-time orders to the cardholder’s verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.
11. Right of withdrawal and returns
You are entitled to withdraw your purchase or exchange your product by submitting or sending notice thereof to TheArtpark within 14 days of the date on which you have received the product. The notice may be sent in different ways. Preferably, you can use our return form provided together with the delivery. Please send the notification to firstname.lastname@example.org. Please note that you of course do not need to use the special forms but may send us a letter or an e-mail to the above-referenced mailing and e-mail addresses including information that you will withdraw or exchange your purchase. If you send us an e-mail we will send you a confirmation upon receiving your notice. Please always refer to your order number in you communication with us. You may wish to keep a copy of your cancellation notification for your own records.
— Refund relating to the right of withdrawal
If you choose to withdraw your purchase in accordance with the terms set forth in this section 11, TheArtpark will issue a refund of the amount paid to TheArtpark including the shipping cost you have paid for the delivery from TheArtpark to you. However, if Express shipping or Home Delivery has been used, TheArtpark will not issue a refund of the original shipping fee. TheArtpark will pay the refund within 14 days of the date on which we have received your notice of withdrawal, under the condition that TheArtpark has received the product/s from you or if TheArtpark has obtained proof that the products have been sent back to TheArtpark. The refund is made using the same payment method you used at the purchase if you do not explicitly accept another method. You will not be charged extra if another payment method is used. Please note that TheArtpark only issues a full refund if the product/s is in the same conditions as at the time of delivery. If the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, TheArtpark then has the right to withhold such amount of the refund. To avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them, with tag and seal still attached. All shoes must not be used at all or on a carpeted surface until you have decided to keep them. Shoes and accessories that come in a special box must be returned in their undamaged original box which is considered to be a part of the product.
Purchased products are exchangeable into a different size and color in accordance with the terms set forth in this section 11. All exchanges are based on stock availability. If you have exchanged a product, TheArtpark will pay the shipping costs for the new product.
Please note that sale products are non-exchangeable but can be returned with a full refund. Please note that if you wish to exchange a product for a new product and/or size, simply return your product and place a new order with your preferred payment method. If the complete order is returned, your invoice will be cancelled. However, if you have made a partial return, a new updated invoice will be sent to you by e-mail. The new order is paid for separately and will be handled as a new order.
— Shipping costs for returning the products
TheArtpark offer a free return service and TheArtpark will pay the shipping cost for returning the products sent from Portugal in accordance with your right of withdrawal and exchange.
— Returning the products
Upon your withdrawal or exchange of your purchase, please return the product/s as soon as reasonably practicable but no later than 14 days after sending your notice.
When returning please follow the steps below.
• Visit www.each-other.com and log into your account to begin a return or exchange.
• You can view your orders and must request a return or exchange item for any unwanted items.
• Place the item(s) in the original shipping box, or any other solid carton box.
• Close the box and tape it securely.
• Place the return information label and pre-paid return shipping label on the box over the prior delivery information.
• Leave your parcel at your nearest Post service point, preferably the same one as where you collected your order
We prefer that products are returned through TheArtpark return service to ensure they are protected and insured during transit. However, you may return the products by any secure transport.
12. Defective products
If you receive defective products, please notify us immediately. According to the Consumer Act (1990: 932) you are entitled to complain about defective products within three years. However, you must always notify TheArtpark within a reasonable time after you have detected that the products are defective. If TheArtpark consider the products to be defective, TheArtpark will make a full refund including shipping costs. Please see more information about your legal consumer rights in the Consumer Act (1990: 932).
13. TheArtpark quality guarantee
TheArtpark acts in accordance with applicable consumer regulations. Please notify us as soon as possible after receiving defective products.
14. Copyright permission notice
Copyright in the documents provided in this site (including, without limitation, the trademarks of TheArtpark, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to TheArtpark and its affiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from TheArtpark. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. For press inquiries, please view our contact pages at email@example.com
TheArtpark’s trademarks include but are not limited to the TheArtpark name and logo. Please note that your use of this Website does not grant you any rights to use our trademarks.
The Artpark use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The Artpark online shop secures communications by encrypting all data to and from the site. When placing an order, you can immediately check the security validity by clicking the icon at checkout. For security reasons, we do not store any payment information in our database.
19. Resale policy
You may purchase products on www.each-other.com for personal use only and not for resale. By placing an order on www.each-other.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.
20. Information on the website
TheArtpark cannot promise that the content of the site is free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. TheArtpark may, at any time, amend the content of the site. Although TheArtpark strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where TheArtpark acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. TheArtpark cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. TheArtpark cannot guarantee problem-free, uninterrupted, and secure access to the site.
The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.
22. Violation of rules
TheArtpark reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.
23. TheArtpark responsibility
TheArtpark liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated by law. In no case whatsoever will TheArtpark assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. TheArtpark’s liabilities to you will never exceed your total purchase amount for each order. In case of force majeure, TheArtpark’s obligations will be suspended. The contract between you and TheArtpark can, in such cases, be partially or fully terminated by yourself or by TheArtpark.
24. Provisions severability
If any part of these Terms and Conditions are held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.
25. Governing law
These Terms and Conditions are governed by the laws of Portugal (excluding the international sale of goods act). Any disputes pertaining to these Terms and Conditions will be exclusively referred to the district court of Porto, as the court of first instance.
26. Company information
The Artpark, 4141 NE 2nd Ave, Miami, FL 33137, États-Unis
E-mail address: firstname.lastname@example.org
27. Version of the terms and conditions
If there is any conflict, ambiguity, or discrepancy between the English version and a version in another language, the English version shall always prevail. The latest update of the Terms and Conditions of TheArtpark was made in October, 2018.