Terms & Conditions
These Terms and Conditions of Use (the “Terms & Conditions”) constitute an agreement between UPcycling Project and its clients. These Terms & Conditions set forth the legal terms and conditions governing all process of building Installation by UPcycling Project for the client. By accepting the proposal client agree to be bound by Terms & Conditions available on UPcycling Project website www.upcyclingproject.ie. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time, and any such modification shall be effective upon posting by us.
Artist Przemyslaw Drusewicz (hereinafter "ARTIST") operates as a sole trader under UPcycling Project name provides artistic installations based on end of use materials in limited edition (hereinafter referred to as "INSTALLATION"), with ARTIST acting as seller and contracting party (hereinafter “CLIENT”).
The business relationship between ARTIST and the CLIENT (both hereinafter referred to as "PARTIES") shall exclusively be governed by the following Terms and Conditions, as amended when the order is placed. Deviating terms and conditions of the CLIENT shall not be applicable. These Terms and Conditions shall form an integral part of each contract concluded with ARTIST. With the placement of the order the CLIENT agrees with these Terms and Conditions and accepts to be bound by them.
The Artist provides all materials necessary for the Installation. CLIENT of Installation acknowledge that part of materials used for building an installation is coming from the third party and are reused to fit purpose. The INSTALLATION will be produced only after agreeing scope and budget of the project between PARTIES.
With the placement of the order the CLIENT expressly acknowledges that the type and quality of the INSTALLATION depends on the material specified in the order and that due to the production methods, minor variations in colour, format and in the quality of material used may occur compared to the samples presented during tendering stage. The ARTIST ensures that the submitted work is touchable, safe and stable with no sharp or dangerous elements, and will be suitable for indoor conditions.
With the placement of the order the CLIENT also expressly acknowledges that the INSTALLATION will inevitably be subject to a product-specific and natural change (e.g. bleaching, shrinking) which may be accelerated by environmental impacts. These minor variations and/or these changes do not affect the fact that the INSTALLATION is consistent with the terms of the contract and, especially, do not render the INSTALLATION defective.
Unless otherwise stated, prices indicated for the INSTALLATION budget are not falling under VAT and include delivery costs for the ordered INSTALLATION.
4. Order and Delivery
The CLIENT is obliged to provide for ARTIST the safe storage space on-site and exclusive access to the working space with power supply in the place of building INSTALLATION.
Orders are accepted only from persons who are eligible to represent CLIENT and only at terms indicated in the contract agreement.
The CLIENT will receive confirmation of ARTIST’s receipt of the order and full schedule of works.
Any information about specific delivery periods given in a particular case shall always be non-binding, and delays due to difficulties in delivery material cannot be ruled out.
Should ARTIST not be able to execute an order within 6 weeks because materials for the ordered INSTALLATION is not available, or should ARTIST not accept an order for any other reason, ARTIST will promptly give notice to the customer and will refund any payments already made by that customer.
Payment of the purchase price shall be made according to the schedule agreed between PARTIES by bank transfer on the account indicated on the invoice or by PAYPAL on-line transaction system.
6. Warranty and Liability
Unless otherwise provided below, the 1 year warranty and damages provisions shall apply starting from the day of commissioning the INSTALLATION. ARTIST will provide at least 1 free of charge safety check-up after 6 months from the day of commission. In case of damage of the INSTALLATION within warranty period CLIENT will notify ARTIST about that fact immediately, and no later than within 72 hours. ARTIST will asses damage within 72 hours from notifying the damage and will fix it as soon as possible. ARTIST provide Public Liability insurance cover during building and within warranty period of his INSTALLATION.
ARTIST disclaims any liability for the variations and changes referred to in Section 2 of these Terms and Conditions. ARTIST shall not be liable for either technical failures in case of any changes made to INSTALLATION by the CLIENT.
The INSTALLATION sold by ARTIST is protected by copyright worldwide and is made available to the CLIENT for its use. However, the CLIENT shall not reproduce, sell the INSTALLATION, or procure such reproduction, such making available or such distribution by third parties.
9. Data Privacy
With the placement of the order the CLIENT expressly agrees that ARTIST will use the CLIENT's name, address, phone number, and e-mail address as well as its previous orders to process the relevant order and to send newsletters and catalogues electronically or by mail. These data will be disclosed to third parties only to the extent necessary for the processing of the order, i.e. to the relevant producer of the INSTALLATION. The CLIENT may revoke its consent at any time by giving an e-mail notice to firstname.lastname@example.org
In the event of cancellation of the project, ownership of all copyrights and the original artwork shall be retained by the ARTIST, and a fee for work completed, based on the contract price, agreed schedule and expenses already incurred, shall be paid by the CLIENT.
11 Place of Jurisdiction, Applicable Law
Place of jurisdiction shall be Dublin. The contractual relationship shall be governed by and construed in accordance with Irish law.
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining terms hereof.
12. Questions and Complaints
Questions and complaints should be addressed to:
48 Swanward Court, Parnell Road, D12FX48 Dublin
T&C ver 02/17published 02.01.2017