1. GENERAL PROVISIONS
1. The Regulations are continuously available on the https://awakenmemories.com Website in a manner enabling each user to obtain, reproduce and record its content by printing or saving on a carrier at any time.
3. The Seller declares that he adheres to all principles of the protection of clients' personal data.
4. Providing personal data is voluntary. Any person whose personal data is processed by the Seller has the right to inspect their content and the right to update and amend it.
6. The Customer is obliged to use the Website and the services offered by the Seller through it in a manner consistent with the provisions of the Regulations, principles of social coexistence, with a view to respecting the personal rights, copyrights and intellectual property of the Seller and third parties. Delivery of illegal content by the user or the customer is prohibited.
7. Using the Website means any act of the Customer that leads to the Customer becoming familiar with all content posted on the Website.
8. Merchandise promotions organized via the Website may not be combined, unless the regulations of a given promotion state otherwise.
2. TERMS AND CONDITIONS SCOPE
These regulations set out the rules for the Seller to sell goods to the customers.
Customer - the consumer to whom the Seller sells the goods. Also referred to as: “client”, “consumer”.
Seller - Povney LLC, 1603 Capitol Ave., Suite 310 A442, Cheyenne, Wyoming 82001, United States of America. Also referred to as: “we”, “us”.
Service - a service provided by the Seller to the Customer in accordance with the principles set out in these regulations.
VAT - a tax on goods and services imposed on import
Business day - one day from Monday to Friday, excluding public holidays.
Contact form - an interactive form enabling clients to contact the Seller.
Order form - an interactive form available on the Seller’s website that allows placing an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Agreement.
Goods - movable items available on the website that are the subject to selling by the Seller to the Customer under this contract. Also referred to as: “good”, “product”, “products”.
A distance contract - an agreement concluded between the Seller and the Customer as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication until the conclusion of the contract inclusive. Also referred to as: “contract”, “agreement”.
Electronic service - a service provided electronically by the Seller to the Customer via the Website.
Order - the Customer's declaration of intent made via the Website, using the Order Form, aimed at concluding the Service Agreement specifying in particular its terms, as well as the type and quantity of the Goods, the method and cost of delivery, the form of payment and the Customer's data necessary for the performance of the contract.
Website - the Seller’s website available at https://awakenmemories.com.
Payment method - the payment method chosen by the customer.
4. SCOPE OF SERVICE
1. By placing an order, the Customer declares that he allows the Seller to send the goods to the Customer's address under the conditions specified in this contract.
2. Prices for our products are subject to change without notice.
3. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. SERVICE INITIATION
1. The Customer shall submit to the Seller an instruction to initiate the Service related to a given product through the Seller’s Website.
2. The Customer loses the right to withdraw from the contract if the Seller has started the Service with the express consent of the Customer, which he expresses by placing an Order.
3. After receiving the instruction to launch the Service, the Seller shall send the Customer confirmation of the order, including in particular:
- Goods included in the order
- Variants of the ordered Goods
- Total value of the Order
- Confirmation of delivery address
- Payment method selected
4. By submitting an instruction to launch the Service via the Seller's website, the Customer shall provide the Seller in the form with the following data: name, surname, e-mail address, delivery address, telephone number, photo (if applicable)
5. The Customer places the order after having read the content of these Regulations and accepting its provisions.
6. The Seller starts the Service immediately after receiving payment for the service from the client.
6. ORDERS PROCESSING AND DELIVERY
1. Each Customer's order in case requires adding effects is individual. Therefore the Seller takes each order through a complex process to create the canvas, which is unique and is based on the images provided by the Customer
2. The creation process is complex and may include, but not limited to digital illustration design, adding visual effects, updating the photo provided by the Customer, canvas creation, etc.
3. The watercolor or any other design effects created/added by the Seller may include, but are not limited to the following techniques:
- Blending and shading
- Wet on wet
- Graded wash
- Colors bleeding one into another
- Layering colors
4. Any illustration designs and/or visual effects are created at the Seller's sole discretion with the aim to create the look and feel as presented on the particular product examples on the website
5. The extent to which the image provided by the Customer is modified is determined by the Seller's sole discretion, depending on, but not limited to quality of the image, image colors, space that people or other objects take on the image, etc.
6. By placing the order the Customer agrees that:
- The Seller will use their sole discretion when creating design, adding visual effects or making any other amendments to the image provided by the Customer
- All the designs created, visual effects added or any other amendments made to the image provided by the Customer are final, and can not be revised
- No design previews will be sent for the Customer's review
- Refunds for designs not liked by the Customer will NOT be issued
7. All designs on the website are made based on good quality photos. Original photos were clear and not blurry. The design that the Customer gets as a result is based on the photo that the Customer sends. Seller does not redraw photos or edit the photos that the Customer sends, and adds only the watercolor effect.
8. The time to create any design works, then manufacturer the canvas and ship it may take 10-20 business days
9. The order delivery may take from 7 to 15 business days from the date the order is shipped
10. Orders placed between 15.01.2020 and 31.12.2021 may have an extended delivery time, up to a maximum of 90 days from the date of the contract.*
* COVID-19-related logistics blackouts and/or limitations may significantly delay the delivery even more than 90 days. Refunds are NOT issued due to such delays. We will ensure that you will receive your order. If your order is lost (by official carrier statement) we will organise a new delivery or issue a refund.
11. The ordered goods are delivered to the address provided by the Customer when placing an instruction to launch the Service
12. The customer is obliged to report the lack of delivery of the package no later than 30 days from the date of sending the package.
13. The Seller’s liability for non-delivery of goods in a situation where the Customer has provided the wrong address is excluded
14. When completing the Order Form and in the e-mail confirming the Order, the Customer is informed about the possible costs of the method of delivery of the Good he chooses.
15. On the page showing the Product description and in the e-mail confirming the Order, the Customer is informed about the possible delivery timeframes of the Product he chooses.
16. After receiving the parcel, the Customer or a third party authorized by him should, as far as possible, carefully check the condition of the packaging (e.g. whether it is damaged, tampering by the unauthorized person, whether the contents of the packaging are intact). In the event of damage or other irregularities, the Customer should, as far as possible, draw up a damage report in the presence of the courier and inform the Seller about this fact. The recommendations indicated above in no way exclude or limit the Customer's rights to make a complaint on the terms set out in the Regulations. The above-described recommended Customer conduct is only to help the Seller in determining the causes and liability for the damage. Failure to draw up a damage report does not limit the possibility of reporting damage to a shipment. The complaint procedure remains unchanged regardless of the application or non-application of the above recommendations.
17. If the goods are sent by the Seller outside the shipping address country, the customer is an importer. Then the customer has import tax obligations.
1. At the Client's request, the Seller shall issue an invoice for the services rendered to the Client. The Seller is obliged to issue an invoice for the delivery covering the entire amount of the service. The Seller issues the invoice without the Customer's signature and sends it to the Customer electronically, to which the Customer agrees.
2. Payment for the Service, except customs duties and import VAT, shall be made on a prepayment basis before the Seller begins to provide services.
3. Payments may be made at the Customer's choice by transfer to the Seller’s bank account, via the payment service providers present on the website.
4. All prices quoted on the website of the Seller are expressed in USD.
8. COMPLAINT FILING PROCEDURE
1. The complaint must contain:
- Email used to place the order
- Order number
- Product name that has defects or damage (if any)
- Video and / or photo confirming product defect or damage *
* Video or photographic material must clearly show the problem with the product
2. If the Seller confirms that the product has arrived defective or was damaged during delivery, the Customer is entitled to receive a replacement product free of charge.
3. If the return of a defective or damaged product is required, a refund or replacement product will be sent after the product has been shipped to the address provided by the Seller.
4. A complaint regarding product quality may be sent within 14 days from the date of receipt of the shipment by the Customer. If it is sent on or after day 15, this complaint will not be considered by the Seller and no money returns or exchanges will be made.
5. The complaint may be submitted by the Customer via e-mail to the following address: email@example.com. Within 14 business days of filing the complaint, the Seller will respond to the Consumer's complaint.
6. In the event of irregularities related to the functioning of the Seller’s website, the Customer is entitled to report this fact by sending an e-mail to the following address: firstname.lastname@example.org.
7. Any complaints about the Service provision may be submitted by the Customer via e-mail to the following address: email@example.com.
8. The Customer's complaint must contain the Customer's address details, the Customer's name and surname, as well as the exact indication of the irregularity to which the complaint relates, along with the proof for the complaint.
9. The Seller will respond to the received notification within no more than 14 days from the date of its receipt.
10. The Seller is not responsible for defects caused by incorrect use of the Goods or damages for which events independent of the Seller are responsible (e.g. unpredictable weather conditions, damage to the package by the postman).
9. RETURN OF GOODS
1. Within 14 calendar days from the date of receipt of the goods, the Customer may provide the Seller with a return declaration of goods purchased.
2. The Seller introduces the option of sending a return declaration electronically. To meet the deadline referred to in paragraph 1, simply send a statement before its expiry.
3. The declaration must contain:
- Previously used email to place the order
- Order number
- The name of the product that must be returned
- A thorough explanation of the reason for the return
4. Within 5 days after receiving the declaration, the Seller shall provide return instructions and the address for returning the goods. The Customer sends the returning product specifically to the address entered by the Seller in response to the return declaration.
PLEASE NOTE: all our warehouses for returns are abroad: Ukraine and China. The exact address will be provided by the Seller together with the return instructions and can not be changed.
Returns sent to another address will not be accepted and no returns and exchanges will be issued.
5. The Customer is obliged to send the goods to the address provided by the Seller within no more than 5 calendar days from the day on which he received the return address and instructions from the Seller.
6. The Customer sends the goods to the address provided by the Seller, using the insured and tracked delivery, and enters the tracking number of the parcel with the Seller via email.
7. The customer bears the cost of returning the goods.
8. The Seller is obliged to return the product price to the Customer or send a replacement product within no more than 14 days of receipt of the goods by the Seller.
9. Only unused products in the original packaging shall be returned. If the product and / or packaging has been used or is damaged, no refund will be issued and no replacement product will be sent.
10. Refunds are transferred to the payment accounts used to make the previous payment for the order. After the refund is issued, the money usually reaches the Customer's account within 3-10 business days. Sometimes it may take longer depending on the customer's bank.
11. Products with the design or other product attributes tweaked according the Customer's requirements for example, but not limited to adding visual effects to the photo, engraving, etc. will be returned with a restocking fee of 90% of the product original price.
12. In accordance with health protection or hygiene reasons, returns or exchanges of items related to 'Swimwear', 'Underwear', 'Beauty and Health', 'Jewelry', ‘Animal Products’, 'Cosmetics' and 'Bedding' are only possible for items originally packed in a sealed postal package. Otherwise the product cannot be returned.
13. The following products also cannot be returned: Gift Cards, Groceries, DVD / CD and other digital information, Software Related Products.
10. LIFETIME WARRANTY USAGE RULES
Lifetime warranty is an option which can be offered by the vendor at the vendor’s own discretion. If the lifetime warranty is provided, the client will be able to add this option to their order during the ordering/checkout process.
The lifetime warranty covers:
- New products that do not work according to manufacturer's specifications
- Products thatbecome faulty after correct use
The lifetime warranty does not cover:
- Misuse, abuse, accidents, negligence, lack of maintenance, environmental factors, incorrect configuration, floods, fire and other disasters, physical damage or electrical issues such as lightning, network overload, incorrect voltages or unsuitable modifications
- Damage from excessive amounts of water or other liquids i.e. submerging the product under water
- Damage from a washing machine, vacuum cleaner, etc.
- Returns or changes of a working product that corresponds to the product description on the website
- Batteries, consumable supplies, lost parts
- Refill for refillable products
- Cosmetics products
- Uneven color patterns, stains, or discoloration at time of purchase or from use
- Creases and folds from improper handling and/or storing
To utilize the lifetime warranty, customers must email customer support and provide the following information:
- Email address used to make the initial order
- Order number
- Description of the problem, including the problem cause
- Photo/video evidence, which clearly showcases the described problem
IMPORTANT: Failure to provide any of the information mentioned above may result in inability to use the warranty
Within 5 business days after receiving all the necessary information, the vendor will:
- Investigate the warranty eligibility
- Choose the way to cover the warranty case. In most cases the product will be substituted for a new one
- Provide the customer with information about how and when the warranty measures will be applied or the information, notifying the customer’s case is not eligible for the lifetime warranty
When opting for the lifetime warranty, the customer agrees to the following:
- The vendor will choose the way to cover the eligible warranty case at vendor’s sole discretion: either a product replacement or refund of the initial payment for the product
- The vendor is not obliged to and will not provide any explanations for their decision to either replace the product or refund the initial product payment
- The replacement product delivery time will be estimated and provided in accordance with the product stock availability at the time of covering the warranty case, and may be up to 90 days
- The product payment refund (if provided) will be initiated within 30 business days from the date, when the customer is notified about the corresponding decision
11. PRIORITY PROCESSING
If offered, the “Priority Processing” option allows the shipping and delivery speed to be increased to up to 5 business days.
Orders with the “Priority Processing” option chosen are handled ahead of the other orders which allows faster movement within the processing and/or production pipeline.
Important: the “Priority Processing” option does not guarantee a specific final delivery date, and the actual processing time may differ depending on the order volume, time of the year, etc.
12. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
- Fire, explosion, storm, floor, earthquake, subsidence, epidemic or other natural disaster
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- Impossibility of the use of public or private telecommunications networks
- The acts, decrees, legislation, regulations or restrictions of any government
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
13. PROCESSING OF PERSONAL DATA
1. The Customer, by providing personal data, consents to their processing by Seller for the proper provision of the service.
2. The Customer may also agree to receive commercial information by electronic means. If such consent is given, the Seller is entitled to send the content electronically to the Customer.
3. The personal data provided in the application and / or registration form will be processed and administered by the Seller.
4. The Customer has the right to access the content of personal data and the right to request their correction, completion or deletion.
1. The Seller’s website is a unique product under the Copyright Act and the copyright is owned solely by the Seller.
2. The Seller declares that all materials posted on the Seller’s website, including text, photo, graphic materials and their arrangement constitute the intellectual property of the Seller or third parties.
3. The Seller excludes the possibility of copying, duplication, modification, distribution or other forms of commercial use of materials owned by the Seller, referred to in paragraph 1, without the prior written consent of the Seller.
15. TECHNICAL REQUIREMENTS
1. In order to use the Seller’s website, the Customer must have a computer or other terminal device with access to the Internet.
2. To use the Seller’s website, it is required to enable support for short text information called "cookies" (hereinafter: "cookies"). Disabling "cookies" prevents the Customer from fully using the Seller’s website.
16. TERMS AND CONDITIONS CHANGES
1. The Seller reserves the right to make any changes to these Regulations.
2. The Regulations may be amended at any time, in particular for important technical, legal and / or organizational reasons, without the need to justify these reasons.
3. Using the services of the Seller by the Customer after the entry into force of amendments to the Regulations is tantamount to acceptance of the changes.
4. Any changes to these Regulations shall enter into force immediately after publication on the website.
5. Changes to the Terms and Conditions are applicable to the orders, submitted after the changes publication.
17. FINAL PROVISIONS
1. These Regulations are made available to customers free of charge in a manner enabling its acquisition, reproduction and recording of its content.
2. These Regulations are available on the website in the footer.
3. Communication between the parties takes place by electronic means. The Seller will send the Customer information to the e-mail address provided when placing the Order.
4. If one of the provisions of these Regulations is or will be ineffective, this shall not affect the binding force of the remaining provisions. In case of the ineffective provision of the Regulations, a rule will be applied which is closest to the purposes of the invalid provision and the whole of these Regulations.
5. All disputes arising from the provision of services by the Seller will be settled amicably, and in the event of disagreement they will be settled by the competent court in the Seller’s jurisdiction.
6. Matters not covered by these Regulations will be ruled by the applicable law in the Seller’s jurisdiction.
7. These Terms and Conditions enter into force on 04/01/2020.