Last updated: 14.07.2023
This website and its content is owned by Elena Peresvetova
(herein referred to as the Artist
interchangeably) registered UK Sole Trader under the trading name ‘Elena Peresvetova Fine Art’
. At the current state of business Elena Peresvetova Fine Art is not under obligation to pay VAT and therefore is not VAT registered.
Elena Peresvetova Fine Art
provides the services for:
- selling original artworks and high quality giclée prints based on the original artworks created by Elena Peresvetova,
- commissioning artworks
- selling courses run by Elena Peresvetova
(hereby referred to as the “Service”
through the web-site accessible at https://www.peresvetova.com
). The complete list of artworks and prints for sale can be viewed in the Gallery section of the web-site http://www.peresvetova.com/gallery.html
The complete list of courses available for purchase can be viewed in the Courses section of the web-site https://www.peresvetova.com/courses.html
Elena Peresvetova Fine Art also propagates art related information in form of articles and publications about art news, art movements and selected artists as a not for profit educational activity. All writing materials represent the individual view of the Author (see Blog page here http://www.peresvetova.com/blog.html
These Terms and Conditions govern your access and use of the web-site www.peresvetova.com and include the following documents which may be found at https://www.peresvetova.com/section877022.html :
This document constitutes a binding legal agreement between you and Elena Peresvetova Fine Art.
- Terms of Sales for ordering Artworks and Prints;
- Terms of Sales for Courses;
- General Terms;
Modifications to these Terms
The Author reserves the right to make changes or revisions to these Terms and Conditions or the other content of the web-site without notice. If the modified Terms and Conditions are not acceptable to you, your only course of action is to cease using the Services.
TERMS OF SALES FOR ARTWORKS, PRINTS AND COMMISSIONS
The terms and conditions below specifically relate to purchasing original artworks, prints and ordering commissions works from Elena Peresvetova Fine Art.
Original Artworks and the Certificate of Authenticity
Each artwork is original, unique, one-of-a-kind, made by hand and derived from the Artist’s imagination, including direct observation of the object.
Each artwork comes with a Certificate of Authenticity signed by the Artist. The certificate is delivered along with the ordered artwork. The certificate is in English.
Display of Artworks on the Web-site
You understand and agree that the Author is taking reasonable care to display the colours of original artworks, however, the colour representation can deviate on different monitors, therefore the Author is not responsible for the colour accuracy and disclaims all liability in this regard.
The Artist takes reasonable care to ensure that representation and descriptions of each item appearing on the Web-site are correct, including the title, description, size, year of execution, medium of artworks, framing and delivery options.
You acknowledge and accept that there may be differences between the actual items you receive and the way that they appear on the Web-site.
Prints for Sale
Printed options are specified at the same page as original artwork.
The Artist uses third party providers to order high quality Giclée prints. You acknowledge that printing options such as the size, choice of paper and specific printing technique are at the discretion of the Author.
Commissioning an Artwork
Elena Peresvetova accepts orders for commissioning. To request a commissioning work please send your inquiry by email email@example.com
Commissioning artwork is the subject of separate agreement between the Artist and the client.
All prices on the Web-site are stated in British Pound Sterling and follow the GBP currency sign - £.
All prices are correct at the time when you are browsing the Web-site. The artworks which are not available for sale are marked with a red dot next to the artwork name and the text “Not available” is displayed in the detailed description of the artwork.
The Artist reserves the right to change the price of artworks, prints or courses without prior notice. If, however, the Artist mis-priced any item by mistake, they reserve the right to cancel your order and are not obliged to supply the item at that price.
All prices for original artworks and prints include costs of shipping.
Order Cancellation by the Author
The Author reserves the right to cancel any order for an original or printed artwork placed via the Web-site if the Artist determines, in its reasonable discretion, that the item is mis-priced, out of stock, discontinued, or otherwise unavailable at the price listed at the Web-site. If the Artist cancels an order you will receive an email confirmation of such cancellation and you will not be charged for your order.
The packaging and delivery costs are included in the pricing.
For original artworks and prints the Artist aims to dispatch your order within 1 to 3 working days with the majority of items being dispatched within 24 hours.
Larger items may require special crates to be built and therefore longer preparation time before the items are dispatched. You will be informed via email by the Artist should this apply to your order.
The delivery company for delivering original or printed artwork is chosen solely by the Artist. The Artist wants the client to get the best experience therefore the Artist only uses delivery companies with a proven world-wide recognised reputation (delivery companies include but are not limited to UPS, DHL, Royal Mail, Pack and Send).
Return for an Exchange or Refund
The Collector shall have 14 days to request an exchange or refund. Such request shall be sent via email to the Artist to the email firstname.lastname@example.org .
14 days period is counted from the date the delivery is received by the Collector.
Artworks and prints must be returned by a courier delivery company which is pre-agreed with the Artist to the address of the Artist at the expense of a Collector.
Artworks and prints must be packaged in the same materials as delivered, and the painting must be in the exact condition as delivered. The Collector is responsible for any and all return shipping costs and adequate insurance in the amount of the selling price of the painting. Return insurance must be purchased. The Collector is responsible for any damage to a returned piece of artwork, unless determined that the carrier is at fault for damages.
After the Artist receives the returned artwork and inspects the painting, and if the artwork is found to be in the exact condition as sent to the Collector, a refund will be processed for the original cost of the artwork but excluding any taxes, duties and postal costs incurred by the Artist through the same payment method used by the Collector.
The refund will be processed as soon as the artwork is received by the Artist. No refund or exchange will be granted on any product that fails to reach the Artist.
TERMS OF SALE FOR COURSES
The terms and conditions below specifically relate to the courses that can be bought from Elena Peresvetova Fine Art.
Please read these terms and conditions in full before you buy any course from the Author. If you buy any of the courses from the Author, you agree to be legally bound by these Terms and Conditions.
The complete list of courses provided by the Author and available tariffs is published in the Courses section of the web-site https://www.peresvetova.com/courses.html
This information includes:
Ordering a course
- the main characteristics of the courses you want to buy;
- the information about the Author, the way of conducting the course and contact details;
- the total fee of the course including any taxes and
- cancellation procedure.
Any information including fee structure that is published on a course web-site page does not form a binding offer to supply such a course.
When you decide to place an order for a course and execute a payment, this is when you offer to buy such a course from the Author.
The Author will accept your order when you will receive email to confirm this (Confirmation E-mail). At this point a legally binding contract will be in place between you and the Author.
The Author may contact you to say that they do not accept your order. In this case, the Author will try to tell you promptly why the order is not accepted. This is typically for the following reasons:
- the Author cannot carry out the course;
- failure to authorize your payment;
- you are not allowed to buy the course from the Author;
- the Author is not allowed to sell the course to you;
- there has been a mistake on the pricing or description of the course.
You may transfer to an alternative course without charge.
If you are under the age of 18 you may not buy any course from the Author.
Carrying out of the course
The course must be paid in full to guarantee an entrance to the course.
All the courses are carried out online. The following information will be specified on a course web-page:
- whether the course is live, or video recorded
- the timeframe of the course including all specific timings for live sessions
The delivery of the course might be affected by the events beyond Author’s control. If so, there might be a delay before the Author can restart the course. The Author will try to restart the course as soon as those events have been fixed, making a reasonable effort to limit the impact of this change and keeping you informed of the circumstances.
In the unlikely event that the Author cancels an event and does not reschedule, the Author will refund any pre-paid booking fees. Liability will be limited to the amount of the booking fee paid.
The structure of course fees will be as quoted on the web-site. All fees on the Web-site are stated in British Pound Sterling and follow the GBP currency sign - £.
The course fees are liable to change at any time, but changes will not affect orders, for which a Confirmation Email has already been sent. If the Author has to change any key information once a legally binding contract between you and the Author is made, they can only do this if you agree to it.
The Author’s website refers to a number of courses and it is always possible that, despite their best efforts, some of the courses listed on the website may be incorrectly priced. The Author will verify fees as part of preparing the Confirmation E-mail and will get in contact with you if there are any deviations prior to the dispatch of the Confirmation E-mail.
The author is under no obligation to provide the course to you at the incorrect fee, even the Confirmation E-mail has been sent to you, if the fee error is obvious and unmistakable and could have reasonably been recognised by you as a mistake.
All deposits and course fees are non-refundable unless you cancel within 14 days after payment.
Rights to cancel the course
The Author reserves the right to terminate the course immediately without liability if in their opinion you cause disruption on any course or take any action which brings the Author (or any of their employees or sub-contractors) into disrepute or adversely affects their goodwill or reputation.
You have the right to cancel the course within 14 days without giving any reason. The cancellation period will expire after 14 days starting from the date of payment.
To exercise the right to cancel the course, you must inform the Author of your decision to cancel via email email@example.com
In case the course starts during the 14-day cancellation period, you agree to enter the course before 14-day cancellation period expires.
You still have the right to change your mind and cancel the course during 14-day cancellation period, however, the Author will charge you for the cost of the course that was carried out until the time when you tell the Author that you want to cancel the course. The amount the Author charges you will be proportional to the course that has been carried out.
You acknowledge, however, that you will lose the right to change your mind and cancel the contract during the 14-day cancellation period once the course has been fully carried out by the Author. If this happens, the Author will charge you for the full cost of the course that was carried out.
The reimbursement will be made without undue delay, and not later than 14 days after the day on which the Author was informed about your decision to cancel the course.
The reimbursement will be made using the same means of payment as you used for the initial transaction.
For promotional purposes, there may be a professional photographer, videographer or live social media streaming taking place during the course.
You have the right to post information about the course on your social media accounts, tagging the Author’s respective social media channel.
In case you do not wish to be filmed or recorded, published or tagged on social media, you should advise the Author in advance and in writing.
All payments for ordered artworks or printed works are made in advance in full prior to their dispatch to your delivery address.
All payments for the courses are made in advance in full prior to the course start date.
The Artist uses Squareup Europe Ltd. payment processing software via https://squareup.com
which will collect your billing and shipping information and process your payment.
You will be asked to supply information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, and shipping information.
You represent and warrant that you have the legal right to use any credit cards or other payment means used by you for any such purchase.
. Verification of information may be required prior to acceptance of any order through https://squareup.com
At the current state of business, the Artist is not under obligation to pay VAT and therefore is not VAT registered. As soon as the Artist becomes VAT liable, VAT related information will be highlighted next to the pricing and will be separately identified on your receipt.
You acknowledge that prices of original artwork and prints do not include any applicable taxes for which you as a buyer are responsible, such as but not limited to the following: any sales, use, value add (VAT), goods and services (GST) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the sales and purchase transactions processed via Artist Web-site.
Copyright and Reproduction
The Artist retains copyright automatically in accordance with Copyright, Designs and Patents Act 1998 produced by United Kingdom Intellectual Property Office and international intellectual property laws and treaties.
In particular, this means that the Artist retains the right to continue using the image of an artwork after the original artwork has been sold.
With regards to the courses, all intellectual property rights and all other rights in the course content and course materials belong to the Author.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services provided by web-site http://www.peresvetova.com
remains with you.
The Author will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms and Conditions.
The Artist is committed to recognise and respect your privacy rights by keeping you informed and processing and protecting your personal data in compliance with applicable data protection laws and regulations (“Data Protection Laws”
If you are located outside of the United Kingdom and you choose to use the Services or provide your information to the Artist, your data may be transferred to, processed and maintained on servers, databases or cloud storage facilities located in the United Kingdom. Your use of the Services represents your consent and agreement to these practices. If you do not want your data transferred to or processed or maintained in the United Kingdom, you should not use the Services.
Data collected directly by the Artist
When you decide to write into the Web-site contact form or directly to the Artist’s email address, the following information can be collected:
Data collected by third party
- Email address
- Phone number
- Other information you may provide with your message
Artist uses third party software provider https://squareup.com
(Squareup International Ltd.) to collect and store customers information related to ordering Services, processing payments and maintaining delivery processes. It is the responsibility of the abovementioned service provider to keep your personal identification information in accordance with existing rules and regulations.
The following information is collected:
Data collected automatically
- Identification information (Email address)
- Shipping information (first name, last name, delivery address, phone number)
- Payment information (payment card details)
Artist uses standard functionality available for Web-site analytics through the service provided by https://analytics.google.com
It is the responsibility of the abovementioned service provider to keep your personal identification information in accordance with existing rules and regulations. Analytics engine provides data in the aggregated form therefore the Artist does not have access to the personal information of a particular user during usage of this analytical application.
Usage of information collected from you
This section sets out the purpose for which the Artist is using your personal information that is collected when you use the Service.
Providing the Services, Improving the Services, Providing Support, and Communicating With You
The Artist may use the data you provide or that is collected through the Services to operate and improve the Services, to contact you from time to time to provide you with important information and notices relating to the Services, and to carry out obligations arising from any agreements between you and the Artist.
Providing Marketing and Promotion Materials
The Artist may use the data you provide or that is collected through the Services to provide you with updates, offers, and promotions.
Artist may also use your information for marketing their own and their selected business partners’ products and services to you by email. If you wish to unsubscribe from receiving marketing communications from Artist by email, please follow the instructions contained in each email you receive from Artist describing how you can unsubscribe from receiving further marketing communications from Artist.
Advertising, Third Party Content and Links
The Artist does not share the client data with third parties for advertising purposes.
The Artist may also work with third party analytics companies to help them understand how the Services are being used, such as data collection, reporting, ad response measurement, website and mobile application analytics, and to assist with delivery of relevant marketing messages and advertisements.
The Artist may use Google Analytics, an analytics service provided by Google or other third parties’ analytics services providers (“Analytics Services”
) to collect information about your use of the Services. These Analytics Services may collect information about the content you view and your system information and geographic information. The information generated by the Analytics Services about your use of the Services will be transmitted to and stored by the Analytics Services. The information collected by the Analytics Services allows the Artist to analyse your use of the Services.
The Artist encourages you to review your device and Services settings to ensure they are consistent with your preferences, including with respect to the collection and use of information. You may be able to stop further collection of certain data by the Services by updating your applicable device settings. In addition, you may choose not to share your location details by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider/carrier or device manufacturer.
Purchases and Payment Processors
How Your Information is Shared with Third Parties
The Artist does not share the information you provide with any of the third parties. You only receive communication directly from the Artist.
Social Media and Sharing
The Author may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by the Artist. The Author also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Services. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature.
The Author has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. The Author encourages you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.
As Required By Law or to Protect Rights and to Comply with the Artist's Policies
To the extent permitted by law, the Author will disclose your information to government authorities or third parties, including national security or law enforcement agencies, if required to do so by law, or if requested in response to a subpoena or court order, the Author believes in their sole and absolute discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of the Author or other users, third parties or the public at large, or the Author believes that you have abused the Services by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of these Terms and Conditions. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
The Privacy of Children
The Services are not intended for children under age 18. The Artist does not knowingly collect or distribute personal information from or about children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact the Artist at firstname.lastname@example.org
EU Users - Your Rights Under the General Data Protection Regulation
The Artist acknowledges your right to access and control your personal data in accordance with applicable Data Protection Laws.
Effective May 25th, 2018, if you are subject to European Union Data Protection Laws (“EU Users”), processing of your personal data will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (“GDPR”).
Accessing, Correcting or Deleting Your Information
For EU Users, to request access to or correction of your personal data in accordance with applicable Data Protection Laws, you may send an e-mail to email@example.com
Please include your registration information you provided through the Services. The Author may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.
For EU Users, if you’d like the Author to delete information that you have provided through the Services, please contact the Author at firstname.lastname@example.org and they will respond in a reasonable time in accordance with applicable Data Protection Laws. Please note that some or all of the information you provided may be required in order for the Services to function properly or may be automatically retained in backup storage or records retention archival storage.
Portability of Your Personal Data. For EU Users, should you request it, the Author will provide you with an electronic file of your basic account information and the information under your sole control in accordance with applicable Data Protection Laws.
Data portability is the ability to obtain some of your information in a format you can move from one service provider to another in accordance with applicable Data Protection Laws. Depending on the context and applicable Data Protection Laws, this applies to some of your information, but not to all of your information.
Security Measures and Storage Limits
The Author provides industry-standard physical, electronic, and procedural safeguards to protect personal data that are processed and maintained by the Author. For example, the Author takes reasonable measures to limit access to this data to authorised employees and contractors who need to know that information in order to operate, develop or improve the Artist's Services. Please be aware that, although the Author endeavours to provide reasonable security for data that are processed and maintained by the Author, no security system can prevent all potential security breaches. As a result, the Author cannot guarantee or warrant the security of any information you transmit on or through the Services and you do so at your own risk.
The retention periods for personal data are based on the Author’s business needs and legal requirements. The Author retains personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose.
The Author will do their best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.