TERMS & CONDITIONS
Welcome to LATELA, LLC. (d/b/a Latela Curatorial). To insure a non-offensive environment for all of the users of our website, we have established rules for the use of the site. By accessing any areas of Latela Curatorials’s website, you agree to be legally bound and to abide by the rules set forth below. Any violation of these rules may lead to removal from our website.
Your access to and use of www.latelacuratorial.com (“the Site”), the content, information, text, graphics, logos, photographs, images, moving images, sound, illustrations, and other materials published on the Site (“the Content”) and the services from time to time made available at or through the Site (“the Services”) is governed by the following general terms and conditions, the Privacy Policy and any additional terms and conditions referred to below or published on the Site from time to time (collectively referred to as “the User Agreement”).
The Site is owned by LATELA, LLC. (d/b/a Latela Curatorial). LATELA, LLC. and any of their contractors, affiliates, and partners involved in providing the Site or the Services are referred to in this User Agreement as “we”, “us” or “our”. You are referred to in this User Agreement as “you” or a “User”. Please read the User Agreement carefully. If you have any queries regarding the User Agreement please email us at studio@lateladc.com.
LATELA, LLC. reserves the right to make changes to the online gallery or the terms and conditions at any time.
1. PRIVACY
1.1 As a subscriber to the Latela Curatorial mailing list, you understand that emails may be periodically sent to your account. You may unsubscribe from our mailing list at any time. It is also understood that only emails that you specifically signed up for at the inception of your mailing list account will be sent to your email account.
1.2 Latela Curatorial is committed to protecting your privacy. We will never sell or furnish your email to any third parties. You may unsubscribe from our mailing list at any time by clicking the link at the bottom of emails sent to you from Latela Curatorial.
1.3 We will keep a record of your contact details primarily to fulfill any order that you place and to exchange communications with you about your orders if necessary.
1.4 For further information see our privacy policy.
2. USE OF THE WEBSITE
2.1 By viewing the Site you will be deemed to have accepted the User Agreement insofar as it applies to such use. If you do not accept the same, you must immediately stop using the Site. If you would like to order products through the Site you will be required to click on the button marked “I Accept” at the end of these General Terms and Conditions in order to do so.
2.2 By placing an order for products through the Site as an individual, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
2.3 By placing an order for products through the Site as a business entity, you warrant and represent that you have the authority to legally bind that entity.
2.4 You warrant that all data provided by you on the Site is honest, truthful, and accurate.
2.5 These terms shall remain in effect after you cease to use the Site and/or termination of the User Agreement.
2.6 We may at our option terminate or restrict your access to the Site or some or all of the Services without prior notice to you in the following circumstances:
where we consider (in our sole discretion) that you are abusing the Site, the Services or other members or Users or where you are acting in breach of the User Agreement;
where there is a regulatory or statutory change limiting the ability to provide access to the Site or the Services; or
where there is an event beyond our reasonable control preventing us from providing access to the Site or the Services.
2.7 We will not be liable or responsible for any delay or failure to perform our obligations under the User Agreement that is caused by events outside of our reasonable control.
3. INTELLECTUAL PROPERTY
3.1 All content included on the Site, including but not limited to products, images, website design, text, graphics, the arrangement thereof, all software compilations and source code, are the copyright or other intellectual property of Latela Curatorial or of its content and technology providers, ALL RIGHTS RESERVED.
3.2 Any use of the images, including the reproduction, modification, distribution or replication of same, without the prior written permission of the owner of the Copyright, their agents, or Latela Curatorial is strictly prohibited.
3.3 A request for permission to reproduce any content for any other purposes including print, press, online use or broadcasting, should be directed to studio@lateladc.com.
4. LINKS
4.1 You may link to our home page, provided that in each case you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location to which you link complies in all respects with the User Agreement. Links to or from any other parts of the Site are not permitted without our prior written consent.
4.2 You must not:
establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of us without our prior written approval;
establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or
take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of the Site or the Services as seen by Users linking to the Site to be different from that seen by Users who access the Site by hand-entering the applicable URL into a generally commercially available non-customized browser. Without limitation to the foregoing, you must not frame any part of the Services on any other website.
4.3 If you wish to make any use of Content on the Site or if you wish to establish links other than as set out above, please address your request to studio@lateladc.com.
4.4 We reserve the right to withdraw linking permission without notice at our sole discretion.
4.5 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We do not monitor those other sites or any of the resources provided by third parties and further we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
4.6 You should also be aware that the User Agreement does not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.
4.7 These terms shall remain in effect after you cease to use the Site and/or after termination of the User Agreement.
5. DISCLAIMER
5.1 Latela Curatorial is providing this site and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents. Latela Curatorial disclaims all such representations and warranties, whether express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In addition, Latela Curatorial does not represent or warrant that the information accessible via this site is accurate, complete, or current.
6. PLACING AN ORDER
6.1 When you place an order to purchase a product from the Site, we will send you an e-mail confirming receipt of your order and containing the details of your order. This order acknowledgement email is not an acceptance of the order by us and does not guarantee the fulfillment of the order.
6.2 If there are any problems or difficulties with your order at this stage, we will contact you to explain the issue and seek a resolution.
6.3 All products are supplied subject to availability.
6.4 No contract of sale of any product will subsist between you and us until the product(s) ordered have been dispatched. We will send a confirmation email when the goods have left us. This confirmation email constitutes an acceptance by us of your offer to buy goods.
3.5 We may decline to supply the products to you without giving any reason. We are entitled to withdraw from any contract in cases of errors or inaccuracies regarding the information appearing on the website or in the order.
7. DELIVERY
7.1 Products will be sent to the address provided by you online as the delivery address and included in the order acknowledgment email. Deliveries will be dispatched only after payment has cleared.
7.2 The confirmation email indicating that products you have purchased have been dispatched will include a tracking number with which you can estimate the delivery timetable set by the third party shipper. Latela Curatorial shall be under no liability for any delay or failure to deliver products once they have been dispatched by us to the third party shipper.
7.3 Risk of loss and damage passes to you on the date when the products are delivered to you.
7.4 You must inspect the products upon receipt, and you will have been deemed to have accepted the products unless you notify us that you received an incorrect product or size.
8. RETURNS
8.1 For all products on Latela Curatorial’s Site:
ARTWORKS: We only offer exchanges or returns if we shipped an incorrect artwork or size. We do not offer any other exchange or refund options as most artworks are made to order.
ART CAREER COACHING/CONSULTATIONS: There are NO refunds for consultations. Consultations are strictly limited to 45-minutes and are not extended for late arrivals.
ART COLLECTION CONSULTING: There are NO refunds for consultations. Consultations are strictly limited to 60-minutes and are not extended for late arrivals.
ONLINE COURSES & DOWNLOADS: There are NO refunds for online course instruction or downloaded materials. They are tools we have acquired over our expertise and formulated together by our experts.
WORKSHOPS/TICKETED EVENTS: There are NO refunds for workshops. Rescheduling may be provided for emergency situations, depending on the instructor's/event host’s availability.
MERCHANDISE: We only offer exchanges or returns if we shipped an incorrect item.
9. LIABILITY & INDEMNITY
9.1 Nothing in this User Agreement shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9.2 Although we will use reasonable efforts to verify the accuracy of any information on the site we make no warranties whether express or implied in relation to its accuracy. The site is provided on an ‘as is’ and ‘as available’ basis and we make no representation or warranty of any kind expressed or implied regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free or viruses or bugs or represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information on the site.
9.3 Other than expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in the ‘Returns & Cancellations’ section of these Terms & Conditions, any indemnities, warranties, terms and conditions (express or implied) are hereby excluded to the fullest extent permitted under applicable law.
9.4 We will not be liable, in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic or fiscal losses; or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
9.5 You agree fully to indemnify, defend and hold us, and our employees, agents, and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs, and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your account or personal information.
10. ACKNOWLEDGEMENT
10.1 The above stated rules represent the entire understanding between each user of the Latela Curatorial website and Latela Curatorial, regarding each user’s relationship with Latela Curatorial and supersedes any prior statements or representations. The above stated rules and disclaimers are subject to change, by Latela Curatorial in its sole and absolute discretion.
11. GOVERNING LAW
11.1 This site is created and controlled by Latela Curatorial in the District of Columbia. The laws of the District of Columbia will govern all terms, conditions, and disclaimers on this site, without giving effect to any principles of conflicts of laws.
11.2 We make no guarantees or promises that the materials on the Latela Curatorial site are appropriate for use in locations outside of the United States. If you choose to access this site from locations outside of the United Sates, you do so on your own initiative and are responsible for compliance with any local legislation.
11.3 By entering and using the Latela Curatorial website you are affirmatively stating that you have read and understand the rules set forth herein and are affirmatively indicating that you agree to be bound by same.