Terms and Services

Welcome to César Marti Art's website.
Officially named César Martiniano Unipessoal Lda's website, headquartered at Rua Beato João Batista Machado, n23, 9700-028 Angra do Heroísmo, Açores, with NIF/NIPC: 517899884. These Terms of Service govern your use of our services and website. By accessing or using our platform, you accept and agree to these terms and conditions, our privacy policy and our cookies policy.

Your engagement signifies your understanding and acceptance of these conditions, including any changes made over time, effective upon their posting. Our commitment to privacy is detailed in our Privacy Policy, underscoring how we handle personal information.

For inquiries or concerns regarding these Terms, please reach out to us at geral@cesarmarti.com. We reserve the right to modify these Terms without prior notice, and continued use post-modification signifies acceptance. For detailed dispute resolution procedures and consumer rights, refer to the provided contacts and platforms for alternative dispute resolution.

Thank you for choosing to explore the art of César Martiniano. We're thrilled to have you in our community.

In case of a dispute with our Company, you can resort to a Consumer Dispute Resolution Entity (RAL). For more information, please visit the Consumer Portal at www.consumidor.pt.

The Electronic Complaints Book (www.livroreclamacoes.pt) is a digital platform where consumers can submit information requests and file complaints, serving as the electronic format of the complaints book.

Last updated: 16th February 2024

WHO IS CÉSAR
César Martiniano was born in the Azores (Angra do Heroísmo) in 1995. He is a rising contemporary artist from Azores, Portugal. This website is César Martiniano’s e-commerce platform, based in Azores, Portugal.

All the pieces displayed in my website can be purchased. By using César Martiniano website

ACCESS TO CÉSAR MARTINIANO’S E-COMMERCE PLATFORM
To visit and access César Martiniano Art Platform online store, you do not need to be registered on our website. If you want to make a purchase, you must be over 18 years old. If there is any problem with your order, we will notify you by email or phone. We will take all necessary steps to keep your order details and payment secure, but we will not be held liable in the event of any event as described in “Limitation of Liability”.

INTELLECTUAL PROPERTY NOTICE
Rights to artwork remain the sole property of César Martiniano including after purchase. This includes the purchase of originals, commissions, prints and current and/or future reproductions of any kind. The purchase of any item, original or otherwise, does not grant the customer permission to mint the piece into an NFT, print and distribute in any form or reproduce in any way by means of profit and/or otherwise.

Collectors may not reproduce artwork in any way without express written permission from the artist. Posting images of the items purchased on social media are always welcome and does not breach this clause.

We respect the intellectual property rights of others and expect our customers to do the same. All works available on our website for sale are original items and were entirely and exclusively produced by the respective artist mentioned here. All copyrights belong to César Martiniano.

If, for any moment, you believe that any content present in our store infringes your intellectual property, please inform us at geral@cesarmarti.com. Please note that when placing an order, you are only purchasing the artwork in physical form, which does not entitle you to any copyright or related rights in that artwork. Copyright or related rights must be negotiated separately with the relevant owner of the intellectual property rights.

PRIVACY POLICY
We receive, collect and archive information that you add to our website or otherwise provide to us. In addition, we collect the IP address used to connect your computer to the Internet; email address; computer and internet information and purchase history. We may use tools to measure and collect browsing information, including page response times, total time spent on certain pages, page interaction information and the methods used to leave the page. We also collect personally identifiable information (including name, email, password, media); payment details (including credit card information), comments, feedback, recommendations and personal profile.

When you make a transaction on our website, as part of the procedure, we collect the personal information you provide, such as your name, address and email address. Your personal information will be used for the specific actions mentioned below only.

We collect this Personal and Non-Personal Information for the following purposes: 1. To provide and operate the Services;
2. To provide our Users with ongoing technical assistance and support to the customer;
3. In order to contact our Visitors and Users with general or personalized notices related to the service and promotional messages;
4. To create aggregated statistical data and other aggregated and/or inferred non-personal information that may be used by us or our business partners to provide and improve our respective services;
5. To comply with any applicable laws and regulations.

Our business is hosted on the Shopify platform. Shopify provides us with an online e-commerce platform that allows us to sell products and services to our customers. Your information may be stored in Shopify's secure database. Shopify stores your information on secure servers protected by industry-standard encryption and security measures. Shopify is compliant with the Payment Card Industry Data Security Standard (PCI DSS) as a Level 1 service provider. PCI DSS is a set of security standards designed to ensure the secure handling of payment information.

We may contact you for various reasons related to your account or transactions. This includes notifications about your account, assistance with account-related issues, resolution of payment disputes, fee collection, debt resolution, surveys or questionnaires, updates about our company, or any other communication required to uphold our contractual obligations under local laws. We may reach out to you via email, telephone, text messages, or postal mail.

If you no longer wish for us to collect your personal information, please send us an email at geral@cesarmarti.com.
We have the right to change this privacy policy at any time, so please check back regularly. Changes will take place immediately after the requested change, on our website. If we make changes to the contents in this policy, we will notify you so that you are aware of the information we collect and how we use it. If you have any questions about this Privacy Policy, or would like to access, correct or delete any information we have collected about you, please feel free to contact us via the email mentioned above.

SHIPPING POLICY
César’s studio team is a small and dedicated to shipping your orders as soon as possible. Please note that on occasion, delays in dispatching orders may occur if artwork is going viral on social media. We apologise in advance for any inconvenience and thank you greatly for your patience.

Normal Fine art print orders take up to 14 business days to process and to be shipped.
Originals take 2-4 weeks to prepare for shipment to make sure everything is absolutely perfect. Note that we are located in Azores, so all Originals can delay when shipped from here. We strive to ship orders as quickly as possible but please note that on occasion, there may be delays in dispatching if artwork is going viral. Our team is small and hardworking and are doing everything they can to make sure you get your artwork as soon as possible. Once dispatched, an automated email is delivered to the email you provided at the checkout. You will have access to tracking information that provides you updates when they occur.

*Please note that there are longer than usual delivery times in the Portuguese Post delivery network (CTT) and delays may occur.

Unfortunately, we cannot offer express shipping. Portugal Post (CTT) is unable to guarantee express shipping from Azores and we have found that for international orders specifically, express shipping does not impact the timeframe in which you will receive the item.

If you need a change of address, we must be alerted within 24 hours of purchase in order to guarantee a redirect. We are unable to change the address once it has dispatched from our studio. Please contact us through the contact page as soon as possible or at geral@cesarmarti.com.

César Martiniano is not responsible for undelivered packages based on incorrect shipping addresses given by the customer. Please ensure that you provide the complete and correct mailing addresses at the checkout.

We put all our efforts into safety and care as they are art items and fragile products. All works will be securely packaged in accordance with best practices. Any further questions regarding submission should be sent to geral@cesarmarti.com.

COOKIES POLICY
Cookies are small text files stored on your computer/mobile device by the internet browser when you visit a website. They help the site recognize your device on future visits for more efficient navigation without needing to re-enter the same information repeatedly. The cookies used do not collect information that identifies the user. They gather generic information related to your preferences, such as how users arrive and use the site or the country/region of access, etc. All browsers allow the user to accept, refuse, or delete cookies. You can find information on managing cookies across different browsers at www.allaboutcookies.org/manage-cookies. Refusing cookies may impair some web services, potentially compromising site navigation.

Cookies are categorized into two groups: permanent cookies, stored in your browser on your computer or mobile device, used every time you visit the Shopkit site or one of its stores, generally to tailor navigation to your interests for more personalized service; and session cookies, temporary cookies that remain in your browser's cookie file only while you are using the site, used to analyze web traffic patterns.

Types of cookies we use include strictly necessary/essential cookies, allowing you to navigate the website and use its applications, including accessing secure areas of the website; analytical cookies, used to create and analyze statistics to improve website functionality without ever collecting personal information; functionality cookies, saving user preferences for site use so the site does not need to be reconfigured with each visit; and third-party cookies, created by services like Google, YouTube, Facebook, etc., that can be used to efficiently monitor services such as advertising.

RETURN AND REFUNS POLICY
If there is an issue with your order, we won’t leave you hanging. If something has gone wrong, or your item wasn’t as you were expecting - we will do everything we can to make it right. Below are our policies on returns for each product. We honour a 14 day return policy on eligible products. We do our best to offer colour accurate photography of the artwork, but please be mindful that calibrations often vary between devices. If colour calibrations are of concern, we recommend viewing the item from multiple devices (desktop, iPhone, etc.)

To be eligible for a return, your item must be in the same condition that you received it. If any damage is observed when you receive, please report it by email to geral@cesarmarti.com within 48 hours of receiving the artwork. In case of confirmed damage and subject to the availability of the item online, you can opt for a return or exchange within 14 days. Unfortunately, after 14 days, refunds or exchanges cannot be processed.

Upon reporting damage within 14 days of receipt and subject to approval, any charged amount on your credit or debit card will be refunded once the products are received at our headquarters. Refunds will be subject to standard bank processing times. For queries regarding refunds, contact us at geral@cesarmarti.com.

All returns allowed by César Martiniano must be made by post and following our instructions in order to protect the part when sending it to our headquarters. In the event that any goods are returned to us with damage, loss or conditions that prevent us from putting them back on sale again, which was not caused by us, you will not be entitled to a refund.

Fine Art Prints (eligibility varies): Prints are very delicate (one could say extremely). Our quality control and sanitary standards are quite strict and most cannot be re-sold upon return. Only if prints are unhandled and in their original packaging, will they be eligible for return. If returned prints are deemed unfit upon inspection for any reason, we reserve the right to deny a refund.

Originals (not eligible): All original purchases are final; as they come with a special, personalised gift just for you.

We do not offer returns, refunds or exchanges for change of mind purchases. As per Portugal’s consumer protection laws, shipping fees on any and all returned items within good faith are not covered by the studio. Only faulty merchandise or products not covered under consumer guarantee will return shipment be paid by César Martiniano.

LIABILITY POLICY
We are not liable for goods once they are in the possession of the collector. It is not our duty to refund, exchange, replace or compensate by any means for the damage of products that have been mishandled by customers. For example: smudging fingerprints on the white border, tearing fine art prints, damaging works, etc.

As guaranteed under consumer protections, compensation for damage is due if/when damaged products are received when impacted by postal services and/or faulty merchandise has been dispatched. Every print is inspected several times before clearing quality control for shipment and only pristine purchased reproductions are packaged for you to enjoy.

Please read the product descriptions thoroughly and carefully. It is not our duty to compensate customers who do not read the information provided in the product description prior to purchase. All prints come with borders that are included in the final size of the listing.

PAYMENT
Orders are only processed after payment confirmation. Once the payment is confirmed, we will send you an email regarding the respective processing. It may take a few days for the payment to be processed to your account. To make a payment on our website you must use one of the following payment methods: Paypal, Visa, Mastercard or Multibanco.

All payments through Paypal are made in EUR (€) and in Dollars (USD) and will be charged according to the current exchange rate. To see current exchange rates, contact your bank. Payment can be made through our secure pages at check-out using your credit or debit card.

DISCOUNT CODES
Occasionally, César Martiniano’s Online Store may provide discount codes. Customers with a valid discount code will be entitled to take advantage of the discount amount offered in the online store. The discount code is only valid online and for the period for which it was provided. Discount codes cannot be redeemed for cash and are non-transferable.

EXHIBITION OF WORKS OF ART
The images of the works on the site are for illustrative purposes only. We make an effort to display colors accurately, but we are not responsible for any non-compliance between the display of colors on your computer or other device and the actual colors of the physical artwork.

LIMITATION OF LIABILITY
César Martiniano does not guarantee that this site is virus-free or that it cannot be controlled by third parties. In no case shall César Martiniano, be liable for any damages arising from or related to this website.

We try to follow the most appropriate measures in relation to the security of the site and the veracity of the content, but we are not responsible for any error or omission.

DUTIES AND TAXES
The studio is operated in Azores, Portugal and is not liable for import fees on any products purchased. This includes but is not limited to the commissioning of a custom piece, originals and merchandise.

Any applicable taxes and duties are not included in the checkout total. These are determined by the customs agency in the destination country. Some countries charge import taxes while others do not. The customs agency will notify the recipient either by mail, phone, or email to pay these charges, so that the shipment can continue to its destination.

It is the responsibility of the customer to pay any duties, value added tax or other similar charges. If you refuse to pay these additional amounts, your delivery will be returned to us. Provided that the product is in its original condition, we will refund you the cost of your purchase (minus the costs of shipping to your country).

*Items are declared at purchase value for exporting and under no circumstance will documents be falsified.

JURISDICTION AND APPLICABLE LAW
These terms and conditions are subject to Portugal law and the Courts of Portugal will be the competent jurisdiction over any claims arising from or related to them.

CHANGES TO THESE TERMS AND CONDITIONS
Our terms and conditions may be updated at any time. Please be aware of possible updates, so we advise you to check them periodically. The changes will apply to any subsequent orders received.

Some of the provisions contained in these terms and conditions may also be removed, in whole or in part, with or without notice, in our sole discretion. We reserve this right, as well as the right to add or modify any provisions.
Last updated: 16th February 2024

CONTACT US
If you have any questions, suggestions and comments, please direct them to geral@cesarmarti.com.

Any questions about the terms and conditions of César Martiniano’s E-commerce Platform or your order, please let us know to email - geral@cesarmarti.com. We will always try to respond as soon as possible.

ALL CONTENT COPYRIGHT © 2024 CÉSAR MARTINIANO
All rights reserved by César Martiniano.