DESCRIPTION AND USE OF OUR Website AND SERVICES
We provide Visitors with access to the Website and Members and Guests with access to the Services as described below.
Visitors
Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) e-mail us.
Members
Login is required for all Members. Members can do all the things that Visitors can do, and: (i) create, access, manage, and update their own personal accounts on the Website; (ii) create, access, manage, and update their own registry through the Services; (iii) access and use our Services to purchase gifts from other Members registry; or (iv) post comments and other content through the Services (collectively, “Member Content”).
Guests
Guests, as the term implies, are people who do not register with, but want to use our Services to access, view and/or purchase gifts from a Member’s registry. No login is required for Guests, but a password may be required to view a Member’s registry. Guests can do all the things that Visitors can do.
Merchants
Login is required for all Merchants. Merchants can do all the things that Visitors can do, and fulfill orders for gifts purchased from a Member’s registry. Atelier 16 is under no obligation to accept any individual as a Member, Guest or Merchant and may accept or reject any registration in its sole and complete discretion. In addition, Atelier 16 may deactivate any account at any time, including, without limitation, if it determines that a Member, Guest or Merchant has violated these Terms of Use.
USE OF PERSONAL INFORMATION
Your use of the Website may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Data Protection and Security.
User profiles will be automatically terminated at no charge after 4 months of inactivity.
SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Members and Merchants, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. You are responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier for security reasons. We will notify you on such deletion or change at the earliest opportunity.
PAYMENTS AND REIMBURSEMENTS
Guests may purchase gifts from one of our member profiles (meaning the registry set up by the bridal party) and make a payment via credit card through our Website at checkout.
The selected items may be returned or exchanged in accordance with our Return Policy.
Unique items purchased on the site are handcrafted to order. Once the customer places an order, Atelier 16 will contact the artist in question who will provide an estimated delivery date. The customer will then have an opportunity to confirm or cancel the order.
Value Added Tax (VAT) will be added to each purchase based on the legal entity in which the items are delivered.
Payments for all items can be made in Euro as well as Armenian Dram depending on the final delivery destination.
Gift purchases can also be cancelled and money reimbursed if request is made before the item ships.
DELIVERY
Atelier 16 delivers to all countries of the European Union, Eurasian Union, Armenia, Georgia, Ukraine, Uzbekistan and Tajikistan.
Delivery prices will vary based on delivery destination.
Delivery charge might be waived depending on the purchase at Atelier 16’s discretion.The information on delivery price will be provided alongside with the information on purchase order.
INTELLECTUAL PROPERTY
The Website and the Services contain material, such as photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Atelier 16 (collectively referred to as the “Content”). The Content is protected under both Armenian law and European Union law. Unauthorized use of the Content may violate copyright, trademark, and other laws. If you violate any part of this Agreement, your permission to access and/or use the Content, the Website, and/or the Services automatically terminates.
The trademarks, service marks, and logos of Atelier 16 (the “Atelier 16 Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Atelier 16.
COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
NO WARRANTIES; LIMITATION OF LIABILITY
IN CONNECTION WITH ANY WARRANTY, CONTRACT OR COMMON LAW TORT CLAIMS: (I) NONE OF THE Atelier 16 PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE SERVICES, EVEN IF AN ATELIER 16 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE Website OR THE SERVICES SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS CAUSED BY TECHNICAL MALFUNCTION. IN THIS CASE, WE RESERVE THE RIGHT TO MAKE CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES. WE WILL NOTIFY YOU ON SUCH CORRECTIONS AND/OR IMPROVEMENTS AT THE EARLIEST OPPORTUNITY.
INDEMNIFICATION
You agree to defend, indemnify, and hold the Atelier 16 Parties harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Website, Content and/or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; (iv) your Member Content; and/or (v) any claims brought against any Atelier 16 Party by a Third Party Partner as a result of your acts or omissions. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Website and the Services are based in the Republic of Armenia. We make no claims concerning whether the Website, the Services, and the Content may be viewed, or be appropriate for use outside of the Republic of Armenia. If you access the Website, the Services, or the Content from outside of the Republic of Armenia, you do so at your own risk. Whether inside or outside of the Republic of Armenia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website and/or the Services, at any time and for any reason without prior notice or liability. You may terminate your account at any time by following the instructions in your account settings. We reserve the right to change, suspend, or discontinue all or any part of the Website and/or the Services at any time without prior notice or liability
CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of the Republic of Armenia without regard to its conflict of laws provisions.
