Pasal Terms Of Service

Last Updated: May 1, 2021

Welcome to https://pasalart.com/. This website is owned and operated by A.P. Casting Ltd., a company registered in Israel. Throughout the site, the terms “we”, “us” and “our” refer to A.P. Casting Ltd. By visiting our website and/or purchasing something from us, and/or accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy.

This agreement is in effect as of Jan 01, 2021.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

a. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

b. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

c. Contains any type of unauthorized or unsolicited advertising;

d. Impersonates any person or entity, including any A.P. Casting employees or representatives.

  1. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  2. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of A.P. Casting, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

  3. You agree to indemnify and hold harmless https://pasalart.com, A.P. Casting  and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such an event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement. To read our Privacy Policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  1. The use of our Resources will meet your needs or requirements.
  2. The use of our Resources will be uninterrupted, timely, secure or free from errors.
  3. The information obtained by using our Resources will be accurate or reliable, and
  4. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  2. No information or advice, whether expressed, implied, oral or written, obtained by you from https://pasalart.com/ or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. 

We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Further we are not liable for any delay or non-performance if the cause of the delay or non- performance is related to any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, windstorm or other event beyond the reasonable control of either party.

We do not exercise control over websites directly or indirectly linked to our site. we are not liable for any content published on third party websites. Links to third party websites are provided for information purposes only and we give no endorsement or warranty in relation to their content.

Copyrights/Trademarks

All content and materials available on https://pasalart.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of A.P. Casting, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by A.P. Casting.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by https://pasalart.com/ from our offices located in Israel. It can be accessed by most countries around the world. As each country has laws that may differ from those of Israel, by accessing our website, you agree that the statutes and laws of Israel, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Israel. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Terms of Purchase on the Company’s Website

Our Products 

Please note that each of our products is the result of unique and individual handmade craftsmanship. So while we try to make sure that all colors, weights, sizes and measurements defined in this website are as accurate as possible, please allow for some small variations in such colors, weights, sizes and measurements. In addition, while the colors of the products are displayed accurately on the site, the actual colors that you see on your device screen may vary depending on the monitor that you use. 

This will never affect the overall aesthetic of the product and its ability for use as intended and we cannot accept any responsibility for these variations. 

Order Procedure 

Each of the artworks offered on this website comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type. To order an artwork, you must select the artwork of your choice, place it in your cart and provide the necessary personal information to place the order (or identify yourself, if you are already a registered user). Before validating the order, you must check the information in your order summary together with the related shipping and delivery costs, and correct any potential mistakes before proceeding with the order and payment. 

Prices and Terms of Payment 

The sale price of each artwork appears next to the artwork and does not include shipping, handling fees and local taxes if applicable. The shipping and delivery costs depend on the type of artwork, its dimensions, its weight, its place of delivery, and its price and are displayed in the order summary. The payment is made via the secure payment services available on the website: credit card or bank transfer. Transfer of ownership happens as soon as the full price has been paid. Failure to pay the full price automatically cancels the sale. 

Taxes

Please note that overseas shipping (outside of Israel) may be subject to handling charges, import duties and taxes (including VAT), which are charged once the products reach your country of destination. All such charges are not included in product prices and are your responsibility. https://pasalart.com/ has no control over additional charges in relation to customs clearance. You may check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.

Countries to which we Ship 

Artworks are delivered to the address provided on the order summary form, during business hours and according to the procedures laid down by the carrier chosen. 

We reserve the right to decline any purchase/order for any reason and in any such case we will inform the purchaser that we cannot provide the order to the specific destination required at this present time. 

Return Policy

If, for any reason, you wish to return your order (all or part of the order), you will have 14 days from the time of receipt to return the item. The item should be returned in the original box in which it was shipped. Returned products must be in unused condition, with the original packaging, original tags and labels attached.

Please return the item using your local mail service. It is also recommended to require warranty and insurance at the time of delivery. Please email us the shipping docs and we will confirm via email upon arrival.

Our Shipping and Returns Policy is included under the scope of this User Agreement. To read our policy in its entirety, click here.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, A.P. CASTING LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about our Terms of Service as outlined above, you can contact us at: info@pasalart.com