These terms and conditions (the “Agreement”) apply between you (“you”) and Nina Portraits, a mexican startup who provide customized portraits (the “Products”) to consumers (“us”, “we”), when using www.overwatch.com (the “Website”) and the services available on that Website (the “Services”). When using the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, you do not have the right to use the Services.
You agree that you are a consumer (i.e. a private person and not a legal entity) and that you are at least 18 years old. You further agree that you are legally permitted to use the Services and that you take full responsibility for the selection and use of the Services.
By using the Service and accessing the Website, you consent to your data (as defined in the Data Protection Act 1998) being held and processed by Nina Portraits. Such data will include your name, email address, postal address, and contact details. Nina Portraits is committed to only using your data for passing on your orders, so they can then supply the Goods to you as requested by you through using the Service. we may instruct third parties to process the delivery of Goods to you.
We keep a record of any purchase/s you make from us. so we can help to deal with any queries or problems you may have, and also so we can ensure that any information that we send to you is relevant.
We keep a record of any e-mail correspondence you send us, so we can track any problems or concerns you’ve had with any of the partners’ stores on our website. We take every precaution to protect your information. To this end all personal information stored by us is kept on a server in a secure environment.
Secure Socket Layer (“SSL”) encryption technology is used for protection of information in transit for any sensitive transactions such as payments.
We do not store or process your card details ourselves, they are processed and stored via Stripe and PayPal, which is our contracted third party service provider.
If you would like your personal data to not be held by Nina Portraits, then you should notify Nina Portraits immediately by sending an email to email@example.com.
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and Nina Portraits and such contract shall comprise these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions. You should carefully review the Customer Terms and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency. We cannot give any undertaking that goods and/or services you purchase from us through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Supplier to ensure delivery.
To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service. The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties. Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our employees or for any other liability that cannot be limited or excluded by law.
Purchases for goods and/or services you make may only be paid for using the payment methods we make available through our payment facility. In accepting or otherwise processing your payments related to the purchase of items. You acknowledge that these Customer Terms, and/or any transaction made by you via overwatch.com, do not create or imply any partnership.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
Your shopping basket on the Site displays the goods you have chosen, The delivery costs according to the delivery methods. Any delivery times quoted are in working days. We use a range of different delivery options to get your order out to you as quickly as possible.
When you order a product, we will confirm when the order is being dispatched.
If you wish to discuss or organize a return, exchange or refund of any non-cancellable item purchased through the Site (see a description of non-cancellable items in Returns & Refunds Policy), please contact Nina Portraits directly at firstname.lastname@example.org in accordance with our Returns & Refunds Policy.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
We will cancel and refund an item containing a nudity picture, in case of multiple items in one order only the concerned item will be canceled.
We’ll send a design mockup showing how the portrait is going to look, in case of no reply to the approval email we’ll send a reminder after 24h. In case of no reply we proceed with the printing and shipping.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Supplier’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Supplier’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Nina Portraits) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of Nina Portraits when acting as commercial agent of any Supplier.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Contracts for the purchase of goods or services through our Site or the App shall be governed by courts of Nina Portraits’s choose. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of courts of Nina Portraits’s choose.
This Agreement shall under no circumstances create or be seen as an agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall no longer form part of this Agreement and the remaining provisions shall be enforced.
In our sole discretion, we reserve the right to assign this Agreement.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.
Questions about the Terms of Service should be sent to us at email@example.com.