Special terms applying to the purchase of exclusive Designs from mariamontielstudio.com (“Artist”)

By visiting our site and/or purchasing one or more Designs from us, you (“Client”) agree to be bound by the following terms and conditions of service.

Please read these Terms of Service carefully before purchasing any Designs. If Client does not agree to all the terms and conditions of this agreement, then Client may not purchase any Design.

Client can review the most current version of the Terms of Service at any time on this page. Artist reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to their website. It is Client’s responsibility to check this page periodically for changes.

Artist recommends Client reviews these Terms of Service each time Client purchases a Design and print a copy of these Terms of Service for Client’s future reference.

SECTION 1 – REPRESENTATIONS REGARDING CLIENT’S USE OF THE SERVICES

By placing an order for Designs through our site, Client represents that: (i) Client is at least the age of majority in Client’s state or province of residence (ii) Client is legally capable of entering into binding contracts; (iii) Client will not use Artist’s products for any illegal or unauthorized purpose or, in the use of this Service, violate any laws in Client’s jurisdiction.

SECTION 2 – PERSONAL INFORMATION

Client does need to register with our site to place an order for Designs; however, Client will be required to provide certain information including certain personal and payment/billing details so that Artist can process Client’s order.  Client agrees that Artist may store, process and use personal data collected from Client solely for the purposes of processing/fulfilling Client’s order. For further information about how Artist may store, process and use Client’s personal data, please refer to our Privacy Policy.

Client agrees to provide Artist with truthful, complete and accurate details. Client further agree to provide Artist with Client’s details only.

SECTION 3 – OWNERSHIP AND USAGE RIGHTS

All Designs available through the site are owned or controlled by Artist and do not infringe on any copyright or personal or proprietorial rights of others.

Upon receipt of full payment, Client are granted exclusive and unlimited usage and reproduction rights to the Designs.

Once purchased, the Designs will be removed from sale on mariamontielstudio.com.

Client agrees that Client will download and use Designs for Client’s use only and that Client will not redistribute, re-sell, license or transfer any Designs to anyone else.  

Client may modify, adapt, edit the Designs. Artist will not be responsible for any third part material used by the client and related to the design purchase through this website

Artist reserves the right to reproduce any and all designs for Artist’s promotional purposes.

 SECTION 4 – CANCELLATIONS

Client may not cancel an order for any download of a Design once it has been made available for download by Artist. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.

SECTION 5 – PAYMENT AND DELIVERY

For orders made through the website we accept payment using debit and credit cards. We also accept payment by PayPal.

Upon payment, file will be released for download within 48 hrs

Files will be made available in PSD format at a resolution of 300 dpi

It is the Client’s responsibility to verify that the Designs are suitable for reproduction, and, if not, to notify the Artist within 7 business days.[UdMO2] 

Artist’s sole obligation will be to replace the Designs at a suitable resolution, but in no event will Artist be liable for poor reproduction quality, delays or any consequential damages.

SECTION 6 – DISCLAIMER OF WARRANTIES – INDEMNIFICATION/LIABILITY

Client warrants that they will not infringe the rights of any third party, and that use of the Client Content as well as any Trademarks in connection with the Design does not and will not violate the rights of any third parties.

Designer warrants that Designs are the original work of Designer.

Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement, or Client’s violation of any law.

Designer shall have no obligation to defend or otherwise indemnify Client for any claim or adverse finding of fact arising out of or due to Client Content, any unauthorized content, improper or illegal use.

SECTION 7 – VIOLATION OF THESE TERMS OF SERVICE

If Client is in breach of, or Artist suspects Client is in breach of, these Terms of Service, then Artist may take any/all of the following actions:

  • issue a warning to Client;
  • immediate, temporary or permanent withdrawal of Client’s access to Client’s account and/or the site; however, Client will remain responsible for any outstanding payments to us for Designs;
  • legal action against Client;
  • disclosure of information to law enforcement authorities as Artist reasonably feel is necessary.

The responses described above are not limited and Artist may take any action Artist reasonably deems appropriate.

SECTION 8 – WRITTEN COMMUNICATIONS

When using our site, Client accepts that communication with Artist will be mainly electronic. Artist will contact Client by email or provide Client with information by posting notices on our site. For contractual purposes, Client agrees to this electronic means of communication and Client acknowledges that all contracts, notices, information and other communications that Artist provides to Client electronically comply with any legal requirement that such communications be in writing.

SECTION 9 – GOVERNING LAW

These Terms of Service and any separate agreements whereby Artist provide Client Services shall be governed by and construed in accordance with the laws of Spain.

SECTION 10 – QUESTIONS OR COMPLAINTS?

If Client has any queries at all regarding this site, the Designs featured on the site, or the Terms of Service, please do not hesitate to contact us via e-mail at info@mariamontielstudio.com and Artist will be more than happy to assist Client.


 [UdMO1]Please check and amend !

 [UdMO2]Please check