TERMS & CONDITIONS

 

Bringing the world and art into your homes is the main goal of our project. But because our products and services are, for all concerned, also a matter of business, the provision of a set of standard rules with respect to these business transactions is necessary.

 

Our platform Hidariniart.com is operated by YouKanRok SNC, based at Avenue Tervueren 257, 1150 Brussels, Belgium.

 

Hidariniart.com allows you to take advantage of the following services:

 

Hire us for a specific project relation to services including photography/videography/motion design/ceramic/cooking.

Order an original photograph taken by Yousef Hidarinia, printed and frame. 

Order an original ceramic creation by Yousef Hidarinia. 

 

These Terms and Conditions (“Terms”) govern your access to and use of services and products of Hidariniart.com (“Hidariniart”) for registered customers to purchase printed and framed photographs. By accessing or using any part of the site, you agree to be bound by these Terms, and by the Terms & Conditions  of our printing and framing partner WhiteWall.

 

These Terms constitute an agreement between YouKanRok SNC and/or its affiliates (“Hidariniart,” “we,” “us,” or “our”) and the customer you represent (“you”). Please note that your use of Hidarniart is also governed by all other applicable terms, conditions, policies, limitations, and requirements on the Hidariniart.com website, all of which (as changed over time) are incorporated into these Terms. These Terms supersede all others in case of inconsistency. Capitalized terms have the meanings given to them in these Terms. Please also see our Privacy Policy.

 

1. Electronic Communication

 

When you use Hidariniart.com or send e-mails, and other communications to us from any kind of device, you are communicating with us electronically. We will communicate with you electronically in different ways (e-mail, communications on the website, etc.). For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for such communications to be in writing – unless of course mandatory applicable laws specifically require a different form of communication.

 

Your personal information confidentiality is important to us. For further information, please refer to our Privacy Policy.


2. Our products and services

 

2.1. Availability

  • We are only able make Hidariniart .com and its functions available for use within the limits and scope of current technology.
  • When you hire us for a specific project, the conditions will be set in accordance with these Terms and your specific needs. 

 

2.2. Maintenance

For reasons of further development and security as well as in the interests of an error-free service, we shall undertake regular maintenance work on our system. To this end, and with due regard to your interests, we shall be entitled to temporarily interrupt or restrict the provision of our services. As far as possible, such maintenance work shall be carried out in times of minimal use. Should longer periods of interruption or restriction be necessary, we shall notify you of the type, extent, and duration of the impairment provided that this is possible in light of all the circumstances and that such notification does not prejudice or delay necessary repair to any existing interruption of service.

 

2.3. System interference and breakdown

According to the current state of technology it is not possible for works to be made available for viewing on the internet free of system interference and breakdown. We therefore accept no liability for non-accessibility of works on account of technical problems with communication networks, security breaches by third parties (e.g. denial of service attacks) or incomplete and/or dated offers on proxy servers (temporary caches), where such is beyond our control.

 

3. Photography products and services such a printing, framing and mounting

 

3.1. All our photographs are original works by Yousef Hidairinia. 

 

3.2. Printing, framing and mounting services are all outsourced to a trusted external partner.

 

3.3. On the basis of your orders, we ask our partner to prepare physical prints and copies, which are then framed or laminated as you have instructed within the options available on Hidariniart.com.

 

3.4. In the unlikely event that the material needed for the production of your order is unavailable we will contact you immediately and, if possible, give an approximate delivery date.

 

3.5. Our photographs are offered in limited editions. As the works are printed directly on Aluminium Dibond, you will receive separately a certificate numbered and signed by the artist that you can put at the back of the work you have ordered.

 

4. Ceramic creations

 

All our ceramic creations are handmade by Yousef Hidarinia. They are custom-made and produced upon order only.

 

5. Ordering, Delivery and Returns

 

5.1. Each order is custom made. Your validation of the order constitutes an irrevocable commitment.

 

5.2. Hidariniart.com concludes a contract of sale with you for each order you place.


5.3. Delivery

Photography products

  • Our partner prepares and sends the order directly to you, as per the details entered during ordering process on Hidariniart.com. 
  • Delivery is taken care of by our partner on our behalf. The costs of delivery shall be invoiced unless stated otherwise on the checkout page. If applicable, the delivery costs will be indicated on your order. 
  • Under normal circumstances, we deliver to the following countries: Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Switzerland, United Kingdom.
  • Should any taxes or excise duties be incurred in case of delivery to a country outside the European Union, all such costs shall be borne by you. In this case, you will be deemed to be the importer of the products ordered and it will be your responsibility to check with the authorities of the importing country prior to actually placing an order on Hidariniart.com.
  • We will inform you once your order has shipped and will provide you a tracking reference. Delivery time will depend on your location. All delivery deadlines we indicate are non-binding. We shall be entitled to make partial deliveries.
  • In accordance to the policy of our printing and framing partner, a return/cancellation policy for online orders is excluded, as the works are produced in accordance to your own individual specifications and are clearly personalised.

 

Ceramic creations

  • Orders are handmade, custom-made and produced upon order only. 
  • Delivery will be arranged to best take care of the product and, to the extent possible, in accordance with your needs. 

 

5.4. In case of defect, we shall be entitled, at our option and within a reasonable period, to make a new delivery or to repair the defect. Should the attempt to deliver a new or to repair the defect be unsuccessful, you shall be entitled, at your option, either to rescind the contract or to demand an appropriate reduction in price.

 

6. Billing

 

6.1. Hidariniart.com is operated by YouKanRok SNC, which is the provider of the products and services under this agreement. Payment for the products and services provided by Hidariniart.com will be taken by YouKanRok SNC.

 

6.2. Custom-made unique products are inclusive 6% Belgian VAT. Standard products are inclusive 21% Belgian VAT.

 

6.3. The buyer pays the sale price by credit card or Bancontact for Belgium (pre-payment). Prices for our products are subject to change without notice.

 

6.4. In the case that the buyer’s account does not contain sufficient funds or where the buyer opposes the debit charge being taken from his or her account without good reason, Hidariniart reserves the right to charge an administration fee of € 9.00.

 

6.5. Where the buyer defaults on payment, Hidariniart shall be entitled to charge default interest on all outstanding sums to the amount of 6% p.a. above the basic interest rate set down by the European Central Bank. Additionally, a charge of € 7.50 per reminder with exception of the first reminder shall be made. Where greater damage arising through the default can be proved, Hidariniart shall be entitled to assert this against the defaulting buyer. In the above listed cases, it shall remain open to the buyer to prove that Hidariniart has occurred either no damage or else damage to a lesser extent than the above listed fixed sums.

 

7. Retention of title, intellectual and artistic property

 

7.1. Ownership of the works produced shall remain vested in Hidariniart until all payments are made in full.

 

7.2. All the elements, texts, illustrations and images on Hidariniart.com remain our property and are protected by copyright, trademark law, law of designs and other rights of intellectual property in Belgium and around the world.

 

8. Query of our services

 

8.1. Merchants and traders shall inspect the consignments without delay upon delivery within the proper course of business and shall make written notification to us of any defects without delay.

 

8.2. In all other cases, notification of all manifest defects must be made within one week. For the calculation of this time limit, the date of delivery and the date of receipt of notification of defect are decisive.

 

8.3. In case of any objection, all documentation with respect to the contract must be made available to us. Failure to do so may result in delay to the assessment and processing of the notification of defect.

 

8.4. Defects in part of the delivery do not justify objection to the entire delivery, save in the case that partial delivery is of no interest.

 

9. What guarantee applies to our products and services?

 

9.1. In case of defect, we shall be entitled, at our option and within a reasonable period, to make new delivery or to repair the defect. Should the attempt to deliver a new or to repair the defect be unsuccessful, you shall be entitled, at your option, either to rescind the contract or to demand an appropriate reduction in price.

 

9.2. The papers, dyes, chemicals and other materials used in printing/framing materials and manufacturing processes may, like other dyes, show trivial changes over time. These changes may be different from one production batch to another. Such discrepancies in product characteristics shall not form sufficient basis for defect.

 

9.3. Our ceramic creations are handmade and custom-made, and will not be exact replicas of previous creations. Such discrepancies in product characteristics shall not form sufficient basis for defect.

 

10. What happens on breach or infringement of third-party rights?

 

10.1. Should there exist concrete reasons to believe that you have contravened legal provisions, infringed third party rights or breached these Terms, or should we have any other legitimate interest, in particular the protection of other users from deception or fraud, the following measures shall be open to us:

  • Deletion of offers or other contents
  • User caution
  • Limitation/restriction of use of the online service provided by Hidariniart
  • Temporary blockage
  • Definitive blockage

In the choice of measure applied, we will take into account your legitimate interests wherever possible, in particular, whether concrete reasons exist to believe that the breach occurred without fault.

 

10.2. We will be entitled to ban all further use of Hidariniart.com (definitive blockage), where

  • you have entered incorrect contact details, in particular an incorrect or invalid e-mail address;
  • you cause considerable damage to us, in particular where our services are abused;
  • you breach these Terms;
  • any other good reason exists.


10.3. Following definitive blockage, no return policy of access to our service shall exist. Any further use of Hidariniart.com, including through other member accounts, shall be prohibited. Re-registration is not allowed.

 

11. System integrity and disruption of Hidariniart.com

 

11.1. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our products and services, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

11.2. All use of mechanisms, software or other scripts capable of disrupting the function of Hidariniart.com when used in conjunction with this website shall be prohibited.

 

11.3. All use which may result in an unreasonable or excessive burden on Hidariniart.com infrastructure is prohibited. It shall be forbidden to block, overwrite or modify any contents generated by us, or otherwise cause disruption to the functioning of Hidariniart.com.

 

11.4. Contents held on Hidariniart.com are remain the sole property of YouKanRok SNC and may not be copied or disseminated, nor may they be used or reproduced in any other form, without prior consent from the right holder. This shall apply also with respect to copying by “Robot/Crawler” search engine technology or by other automatic mechanisms.

 

12. What is the extent of our liability?

 

12.1. Our liability is restricted to the value of the contract, i.e. of your order, and shall exist only with respect to typically foreseeable damage within the framework of the contract.

 

12.2. We cannot guarantee that the information made available on this site is accurate, complete or current.

 

12.3. Hidariniart accepts no liability for any technical problems, bug or service interruption, nor for any damage that may result from use of Hidariniart.com or from fraudulent use of your account.

 

13. Place of jurisdiction

 

13.1. These Terms shall be governed by the substantive law of Belgium to the exclusion of UN trade law.

 

13.2. The exclusive place of jurisdiction for any and all dispute arising in connection with these Terms and Conditions as well as with any individual contracts concluded on the basis of such shall be Brussels.

 

14. Term

 

The Terms and Conditions shall apply for the entire term of the contractual relationship between you and YouKanRok SNC. They will also apply for all future transactions and other business matters, without requiring a renewed confirmation in each individual case, until they are amended or the contractual relationship has been terminated by deleting the user’s data.

 

15. How can we amend the Terms and Conditions?

 

We reserve the right to amend these Terms at any time without further explanation. In such case, we will explicitly notify you on our Webpage of the amended Terms and Conditions. Your agreement will be required before any amendments are to take effect.

 

Date: 8 March 2022

 

PRIVACY POLICY

 

1. ORDERS

 

To complete and execute your order, and for the purpose of sending e-mails in certain situations (such as notifications regarding order status), we process personal information you provide (title, first- and surname, address, e-mail address and phone number, payment details) in accordance with the conditions of the European General Data Protection Regulations (GDPR). We save the contract text and send you an e-mail containing the details of your order. You can view our Terms and Conditions here at any time.

 

Upon registering for the newsletter your email address will be used for private advertising purposes, until you unsubscribe from the newsletter. You have already given your explicit consent to the following text: “Subscribe to newsletter (You may unsubscribe at any time)”. You are able to revoke your consent at any time with immediate effect for the future.

 

Your personal information, which after registering, you can enter, adjust, and delete in your password-protected area My Account, will be used exclusively for the implementation of the contract. Some of your information (title, first name and surname, address, telephone number) is made available to our printing/framing partner only for the purpose of allowing their logistics provider to deliver of your order. Their privacy policy, which is in line with ours. No other form of transfer will take place unless as a result of legal or regulatory directives. The same applies to personal information transferred to us during communication (electronic or in print form).

 

2. REVIEWS AND CONTACT FORMS

 

When visitors leave reviews on Hidariniart.com we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

 

If you leave a review on our site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

 

If you subscribe to our newsletter, we will only use your email address to send you news concerning our website Hidariniart.com.

 

3. PCI-DSS

 

In addition, in order to ensure maximum data protection, our payment gateway fully complies with the Payment Card Industry Data Security Standards (PCI-DSS).

 

4. YOUR RIGHTS OVER YOUR INFORMATION

 

In accordance with European data protection laws you have the right to access, for free, information regarding your saved data as well as, where applicable, the right to adjust, block or delete this information. This can be done through our customer services at hello@hidariniart.com.

 

5. COOKIES

 

Hidarinairt.com may use “cookies”, which are text files stored on your computer, in order to allow you to use all features and functions of our website fully. Most of the cookies used will automatically be deleted after the conclusion of the browser session. Other cookies are retained and will enable us to recognize your computer upon your next visit and will thus help us to improve our services to you.

 

If you would prefer for Hidariniart not to document and save the data of your visit to Hidariniart.com (with immediate effect for the future), you must merely accept the corresponding cookie. This cookie cannot be associated with any specific person and contains no information about you. As soon as the tracking server has read this cookie, it will block the collection of data for your visit. This will last as long as the cookie is stored on your computer and you use the same browser.

 

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

 

Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

 

Google Analytics will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. Furthermore, you can prevent the collection of cookie-based data from your website visit (as well as Google’s processing of this information) by downloading and installing the browser plug-in at the following link. By using this website, you consent to the processing of data about you in the manner and for the purposes set out above.

 

We analyse this data anonymously and merely for statistical purposes, in order to continually optimise our site and make our internet offerings more attractive to you. To protect your personal information and private sphere, your identity cannot be inferred through this anonymous data.

 

6. COOKIES SETTINGS

 

The default settings in all major browsers accept cookies. You can generally disable the use and storage of cookies by selecting respective browser settings. However, by altering your settings, you can choose to automatically block cookies from all web sites, or only our website but this may make certain features of our services inaccessible to you.

 

DATE: 8 MARCH 2022