terms and conditions

The legal agreements set out below are between You and 01 Srls (“Artficial”). These terms and conditions govern your use of the Artficial Clones products (“Products” and “Services”) and the use of www.artficial.xyz (the “Site”). If you do not agree to these Terms of Use, do not use the Site. By making an order, the customer accepts all liability for all the information regarding the company's policy of sale.


Company Information

01 Srls

Viale Francesco Scaduto, 10B. 90144 Palermo – PA – Italy. VAT 06393200826. Email: [email protected]



Terms of Sale


PAYMENTS

All sales of products are final. You can initiate your payment for your order via PayPal using your Credit Card or your PayPal account.

The established price is fixed and final. It does not include the delivery costs, that are charged separately for each item and will be indicated during the order confirmation.


TAXES

All product prices are VAT inclusive except where explicitly stated otherwise.

If a customer resides out of the EU, the final price quoted for a Clone excludes eventual import duties. The customer has the responsibility to pay directly to the carrier or to the transporter the customs taxes, VAT or other taxes concerning the importation of Products in the countries where they will be delivered.


MANUFACTURING

The manufacturing time (the time between placement and shipping of your order) lies between 5 and 20 business days. Since Artficial Products are made to order, the manufacturing time depends on the volume of your order.


SHIPPING

Deliveries take place in 3/4 days for Italy and 8/10 days for other destinations worldwide. After the order has been shipped, you will receive an email with the carrier’s tracking number.

For our shipping we trust in services of qualified couriers such as TNT, DHL, UPS or couriers specialized in the delivery of design goods to ensure the quality of the service and the integrity of the products.

The goods are properly packed for travel and they are at the risk of the purchaser from the time of delivery to the carrier. In case of delays, accidents, total or partial loss or other problems, it is up to the customer to have recourse to the carrier, without it being the responsibility of Artficial.

Therefore, at the point of delivery, Artficial recommends the customer to check on the condition of the delivered goods before signing the acknowledgement of receipt for the package. Once you sign it's not longer possible to open a claim for any damaged products. It's in your right to open and check any products if the packaging has any sign of damage.

If the customer notes any damage he/she shall reject the products or issue hand written, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy shall be sent to 01 Srls, Via Francesco Scaduto 10B – 90144 – Palermo (PA) Italy.

The customer agrees to provide the exact details of the intended shipping address and billing information; in case of wrong delivery of such data, all the additional costs of recovery and return must be charged to the customer.


RETURNS AND REFUNDS

If your Clone's configuration has been sent for production, due to the personalized feature of our Product, your order becomes non-refundable and can not be canceled. The consumer can not exercise the right of withdrawal for the supply of goods produced to order, "Based on a personal choice or clearly personalized" (art. 55 Legislative Decree 09/06/2005 n. 206).

Please inspect the product upon receipt immediately. In case of error inherent to the product, the customer agrees to return such product or products to 01 Srls within 7 (seven) days from the receipt, providing to return the product unopened, in its original state and packaging with the accompanying documents. If the product is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty below, such warranty claim can be made only within 10 (ten) days after receipt of the Product by you. Do not return the product unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us.

If a product becomes unavailable following a transaction but prior to receiving the Product, your sole remedy is a refund.


WARRANTY

Artficial warrants that the product manufactured will substantially meet the features indicated in the descriptions and images, within the limitations of the FDM filament 3D printing technology. The published images are approximately illustrative of the Product’s quality and their appearance could depend on the hardware/software used by the customer.

Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods to the shipment carrier.

Prices for Products offered via the Site may change at any time, and Artficial does not provide price protection or refunds in the event of a price reduction or promotional offering.

Artficial is not responsible for typographic errors within the Site.

Please note that the materials we use for manufacturing make the product suitable only for decorative purposes and not suited for any other purpose. Clones are not suited to be used as toys, to be given to children. Clones should not come in contact with electricity or weather or food or liquids and should be kept away from heat.


ORDER MODIFICATIONS

If prior to production of the Product you change the options you have selected, we may update your Clone's configuration, which may affect the purchase price. Any changes made to your Clones's configuration will be reflected in a subsequent updated written “Clone configuration” provided by us, which configuration will be automatically incorporated herein.


ELECTRONIC CONTRACTING

Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.



Terms of use


PRIVACY POLICY

INFORMATION WE COLLECT

01 Srls and its affiliates collects and uses your personal data such as your name or e-mail address in order to provide you with the Artficial Services. When you place an order, we ask for your delivery address to be able to fulfill your orders.

We also use your information to communicate with you about our Products and Services. You can always indicate and change your choice whether you want to receive such communication. We also may use your personal data for our internal purposes such as administration of our Site, improving our services, and compliance with our legal obligations.


HOW WE PROTECT YOUR DATA

Your personal data will be collected and treated in strict confidence and kept secure according to best practices such as firewall, user access control. Access to your personal data will be restricted to a limited number of administrators.


INFORMATION WE SHARE

We do not sell, rent or license your personal data to third parties. However, please be informed that we may share your personal data with other businesses (our service providers) for example to enable them to provide their services to us or to you (for instance handling your orders). We require these service providers to protect your personal data adequately. They are not allowed to use your personal data for any purpose not specifically authorized by Artficial or by you. You should know that these service providers may be located around the world, therefore by ticking the box at the time of registration you agree that your personal information may be transferred from your home country to third parties located around the world. As part of the Services, you may occasionally receive email and other communications from us. We do not currently collect financial information, as that information is collected and stored by our third party payment processor. However, we may from time to time request and receive some of your financial information from our payment processor for the purposes of completing transactions you have initiated through the services, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business. In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Except as set forth in this Privacy Statement, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information.


INFORMATION WE COLLECT BY AUTOMATED MEANS

Our Website uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help analyze how users use this Website. The information generated by the cookie about your use of this Website (such as your IP address, the URL visited, the date and time the page was viewed) will be transmitted to and stored by Google on servers in the United States. Google will use this information to monitor your use of this Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that by not accepting cookies, you may not be able to take full advantage of all features on this Website. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. An IP address is a unique identifier that electronic devices use to identify and communicate with each other on the Internet. When you visit our Website, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what regions of the world our Website visitors come. We also may use this information to enhance our Website.


OTHER WEBSITES

Our Website may provide links to other websites for your convenience and information. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked sites.


CHANGES TO THE PRIVACY STATEMENT

We reserve the right to change this privacy statement from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. Use of information we collect now is subject to the Privacy Statement in effect at the time such information is used.


USE OF CONTENT

You agree that the Artficial Services and Products include security technology that limits your use of Artficial Products and that, whether or not Artficial Products are limited by security technology, you shall use Artficial Products in compliance with the applicable usage rules established by Artficial and its licensors (“Usage Rules”), and that any other use of the Artficial Products may constitute a copyright infringement. Any security technology is an inseparable part of the Artficial Products. Artficial reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Artficial for compliance purposes, and Artficial reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Artficial Service by any means other than through software that is provided by Artficial for accessing the Artficial Service. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Artficial Service. Violations of system or network security may result in civil or criminal liability.


USAGE RULES

(i) You shall be authorized to use Artficial Products and Services only for personal, noncommercial use, unless authorized by Artficial.

(ii) You shall not be entitled to copy or distribute Artficial Products and Services, unless authorized by Artficial.

The delivery of Artficial Products does not transfer to you any commercial or promotional use rights in the Artficial Products. Any purchasing capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Artficial Product.


THIRD-PARTY MATERIAL

Certain content, Artficial Products, and services available via the Artficial Service may include materials from third parties. Artficial may provide links to third-party websites as a convenience to you. You agree that Artficial is not responsible for examining or evaluating the content or accuracy and Artficial does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Artficial is not in any way responsible for any such use by you.


OBJECTIONABLE MATERIAL

You understand that by using the Artficial Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Artficial Service and Products at your sole risk and Artficial shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.


INTELLECTUAL PROPERTY

You agree that the Artficial Service, including but not limited to Artficial Products, graphics, pictures, images, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Artficial Service, are and/or contain proprietary information and material that is owned by Artficial and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Artficial Service in compliance with this Agreement. No portion of the Artficial Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Artficial Services and Products in any manner, and you shall not exploit the Artficial Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Artficial and its licensors reserve the right to change, suspend, remove, or disable access to any Artficial Products, content, or other materials comprising a part of the Artficial Service at any time without notice. In no event will Artficial be liable for making these changes. Artficial may also impose limits on the use of or access to certain features or portions of the Artficial Service, in any case and without notice or liability.

All copyrights in and to the Artficial Service and related software are owned by Artficial and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE PRODUCT, THE SOFTWARE OR ANY PART OF THE ARTFICIAL SERVICE, EXCEPT FOR USE OF THE ARTFICIAL SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Artficial, the Artficial logo, and other Artficial trademarks, service marks, graphics, and logos used in connection with the Artficial Service are trademarks or registered trademarks of 01 Srls. in the EU and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Artficial Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.


TERMINATION

If you fail, or Artficial suspects that you have failed, to comply with any of the provisions of this Agreement, Artficial, at its sole discretion, without notice to you may terminate this Agreement, and you will remain liable for all amounts due under your Account up to and including the date of termination and/or preclude access to the Artficial Service (or any part thereof). Artficial reserves the right to modify, suspend, or discontinue the Artficial Service (or any part or content thereof) at any time with or without notice to you, and Artficial will not be liable to you or to any third party should it exercise such rights.


DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

ARTFICIAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ARTFICIAL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ARTFICIAL MAY REMOVE THE ARTFICIAL SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE ARTFICIAL SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ARTFICIAL SERVICE IS AT YOUR SOLE RISK. THE ARTFICIAL SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE ARTFICIAL SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ARTFICIAL) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL ARTFICIAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ARTFICIAL SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ARTFICIAL SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARTFICIAL SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ARTFICIAL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

ARTFICIAL SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ARTFICIAL SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ARTFICIAL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

ARTFICIAL DOES NOT REPRESENT OR GUARANTEE THAT THE ARTFICIAL SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ARTFICIAL DISCLAIMS ANY LIABILITY RELATING THERETO.


WAIVER AND INDEMNITY

BY USING THE ARTFICIAL SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD ARTFICIAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE ARTFICIAL SERVICE, OR ANY ACTION TAKEN BY ARTFICIAL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ARTFICIAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE ARTFICIAL SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ARTFICIAL'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.


CHANGES

Artficial reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Artficial Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Artficial. Your continued use of the Artficial Service will be deemed acceptance thereof.


MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Artficial and governs your use of the Artficial Service, superseding any prior agreements between you and Artficial. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Artficial's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Artficial will not be responsible for failures to fulfill any obligations due to causes beyond its control. Artficial may notify you with respect to the Artficial Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Artficial Service. Notices shall become effective immediately.

Artficial reserves the right to take steps Artficial believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Artficial has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Artficial believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Artficial's right to cooperate with any legal process relating to your use of the Artficial Service and/or Artficial Products, and/or a third-party claim that your use of the Artficial Service and/or Artficial Products is unlawful and/or infringes such third party's rights).


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