TERMS AND CONDITIONS OF SALE
1. BACKGROUND
1.1
These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.desenio.com.au and related pages, (the “Website”). The agreement is concluded between you and Desenio AB, company reg. no. SE556763-069301 (”Desenio”). Detailed contact information and other information about Desenio are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
1.2
The Customer must be minimum 18 years old to order via the Website. In accordance with Swedish law, Desenio does not accept any credit purchases by persons below 18 years of age. Desenio reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
1.3
Desenio shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Desenio is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Desenio will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Desenio continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance of the product. Desenio is not responsible for any information by third parties provided for on the Website.
1.4
The Website and all its content is owned by Desenio or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of Desenio.
2. CONTRACTS AND ORDERS
2.1
In order to place an order through the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that they have read the information on personal data and cookies and consents to the use according to Desenio’s Privacy Policy set forth here.
2.2
A purchase agreement is concluded when Desenio has confirmed the Customer’s order and the Customer has received an order confirmation from Desenio via e-mail. Desenio encourages the Customer to save the order confirmation for any future contacts with Desenio’s customer service regarding the order. The Customer is entitled to cancel their order up until it has been confirmed by Desenio. If the order is cancelled, Desenio will refund any payments the Customer or their pay- or credit card company has made with regard to the order.
3. CUSTOMER INFORMATION ETC.
3.1
When the Customer registers their user account and/or places an order, the Customer will be requested to provide some personal data. The Customer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Information about the processing of personal data is set forth in Desenio's Privacy Policy.
3.2
The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose their username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify Desenio without delay if it may be suspected that any unauthorised person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customer’s log-in details if the Customer has not provided such notification.
3.3
If Desenio suspects that the Customer abuses their user account or their log-in details or otherwise violates the General Conditions, Desenio is entitled to block the Customer’s access to their user account. Furthermore, Desenio is entitled to assign new log-in details to the Customer.
4. SPECIFIC TERMS FOR AI-GENERATED ART
4.1
Service Description: The content available on the Desenio platform is crafted through artificial intelligence mechanisms. Each item, while distinct, is generated by AI systems, devoid of human involvement or traditional artistic methodology.
4.2
Uniqueness of Content: Our technology aims for uniqueness in its creations. However, considering the extensive volume of artworks worldwide and the recurring nature of our algorithms, we do not guarantee that resemblances to pre-existing art don't occur.
4.3
Rights to Use: The intellectual property rights in all software and content made available to you on or through this Website remains the property of us or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. Acquiring an AI-crafted artwork from Desenio provides you with rights for personal utilization. For commercial applications or distribution, a direct authorization from Desenio is mandatory.
4.4
Artistic Interpretation: The output from our AI is derived from data-centric methodologies and does not embed human sentiments, purposes, or conscious artistic sensibilities. The appreciation of such art varies and remains an individual experience.
4.5
Liability Exclusion: Desenio assumes no responsibility for any misconceptions or disputes stemming from the likeness, interpretation, or perception of the AI-crafted content. All transactions are conclusive, with reimbursements considered solely based on Desenio's judgment.
4.6
Risk Acknowledgment: Engaging with or using AI-created content from Desenio is the sole responsibility of the buyer. Desenio is not accountable for any claims, detriments, or losses arising from the artwork's application or its non-functionality.
4.7
By using our AI-tool Imaginator to generate images, you agree that we reserve the right to review and not deliver any user-generated content that, at our sole discretion, we deem offensive or inappropriate. This includes, but is not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
4.8
Alterations & Notifications: Desenio holds the authority to revise or alter these terms at its discretion, without any prior intimation. Users are advised to revisit these terms periodically.
5. PRICES, FEES AND PAYMENT
5.1
The prices stated on the Website apply to orders placed on the Website. All prices are presented in AUD and include VAT. The prices do not include payment and shipping fees, which are given separately.
5.2
The Customer can pay for their purchase in the manner specified on the Website. Read more about our different payment options on the Website here. Desenio is entitled to charge the Customer already in connection with the order unless invoicing or any similar payment method has been selected by the Customer and approved by Desenio. Upon invoicing or partial payment, Desenio or its partners may obtain a third-party credit report. In such a case, you will be informed accordingly. Desenio reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order. Please note that limitations of available payment methods are set forth on the Website.
6. SPECIAL OFFERS
Desenio may from time to time provide special offers on the Website which may have more favorable conditions than those set forth in these General Conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by Desenio in connection therewith. Desenio reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
7. GIFT CARD
Gift cards sold by Desenio are valid for two (2) years from the date of issue and can be redeemed in Desenio’s web shop. After the expiry date, the card cannot be used as payment or reactivated, nor can any remaining value be reimbursed. Your gift card constitutes legal tender at Desenio and must be stored securely. Gift cards cannot be exchanged for cash. Lost or stolen cards will not be replaced. Gift cards are not combinable with discount codes.
8. DELIVERY AND SHIPPING
8.1
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with the reservation of products not in stock), delivery will be made no later than 30 working days after Desenio has confirmed the order in writing through the order confirmation. If you haven't received your order within the delivery time advertised, please contact our Customer Service no longer than 30 working days after the order was placed.
8.2
The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
8.3
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. Desenio is entitled to charge the Customer a fee of 49 AUD if the package is not retrieved. In cases of Home delivery there should be a person available to accept the parcel.
8.4
Desenio is responsible for ensuring that the goods are delivered to the customer's designated location. This responsibility includes ensuring the goods are appropriately packaged and dispatched using the courier service chosen by the customer. Once the shipping courier has confirmed delivery at the designated location, ownership of the goods transfers to the customer. At this point, the risk of loss, theft, or damage to the package passes to the customer. The seller will not be held liable for any such incidents that occur after delivery has been confirmed. Customers have the right to report any issues with the delivery (e.g., non-receipt of goods, damaged goods) within 14 days of the confirmed delivery date. Desenio is committed to addressing such issues in line with statutory rights, including the right to a refund or replacement if the goods were not delivered as expected.
9. RIGHT OF WITHDRAWAL
9.1
When purchasing products on the Website, the Customer has a 90-day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying Desenio accordingly within 90 days from when the Customer or their representative received the product ordered (withdrawal period). Unfortunately, we cannot offer the right of return or exchange on personalised prints that have been personalised and printed to order. All products must be returned in the same condition as they were delivered. If products clearly have been used, we may make a deduction from the reimbursement.
9.2
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Desenio in the manner set forth here. The Customer shall provide their name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message.
9.3
If the Customer uses their right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Desenio was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to Desenio in accordance with the methods and directions set forth on the Website which you can find here. Note: In case of returning a canvas, the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping
9.4
When the Customer withdraws their purchase, Desenio will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by Desenio are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. Desenio is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
9.5
Desenio will pay back the amount without undue delay, however, no later than within 14 days from the date Desenio received the Customer notification of withdrawal. However, Desenio may delay repayment until Desenio has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
10. WARRANTY AND COMPLAINTS
10.1
Some of Desenio’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
10.2
The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Desenio, as soon as possible after discovering the defect using the contact information set forth on the Website. Complaints made within two months of the time the defect was discovered are always considered to have been made in a timely manner. You have a 3 year warranty on the goods purchased on the Website.
10.3
Desenio will assume the cost for the return freight for any approved complaints.
10.4
Once a product, for which a complaint has been filed, is returned and the complaint approved, Desenio will refund the Customer in compliance with applicable consumer protection legislation. Desenio strives to do so within 14 days from receipt of the complaint by Desenio, but it may be delayed depending on the nature of the product. Desenio reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
11. LINKS
Desenio may provide links to other websites beyond the control of Desenio and websites beyond the control of Desenio may provide links to the Website. Even if Desenio attempts to ensure that Desenio only provides links to websites which apply similar personal data- and security provisions pursuant to Desenio’s Privacy Policy, Desenio is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
12. FORCE MAJEURE
Desenio is not liable for any delays caused by circumstances beyond Desenio’s control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Desenio shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Desenio are entitled to terminate the purchase with immediate effect.
13. CHANGES TO THE GENERAL CONDITIONS
Desenio reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Desenio has informed the Customer of the changes. However, Desenio recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
14. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
15. APPLICABLE LAW AND DISPUTE RESOLUTIONS
15.1
Any disputes shall primarily be settled by agreement after discussions with Desenio’s customer services.
15.2
If a dispute cannot be resolved through discussion with Desenio's customer service, you, as the customer, can directly submit complaints online via the EU-commission’s dispute resolution platform, which can be found at the following link http://ec.europa.eu/consumers/odr. If you submit a complaint via that platform, your submission will automatically be forwarded to the correct national body responsible for resolving disputes. That body will then contact us and try to resolve the dispute without court involvement. In the event of any dispute, Desenio will comply with the decisions of the Swedish National Board for Consumer Disputes or a corresponding Dispute Settlement Authority in Australia.
15.3
Disputes concerning the interpretation or application of these General Terms shall be settled as determined under item 15.2, above, or ultimately by the courts.
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These conditions were established by Desenio 01-10-2018