terms of use

Please click here to read the Shipping, Returns & Exchanges Agreement

Welcome to the user agreement (the “Agreement” or “User Agreement”) for Dune. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.dunecreative.se (the “Site”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a customer of Dune. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a Dune customer. Please note: underlined words and phrases are links to these pages and websites.

By using Dune, you acknowledge and represent that (i) you have read these Terms of Use, (ii) understand them, (iii) agree to be bound by them, and (iv) you are at least 18 years old. Note that you may not use the services unless you are at least 18 years old. If you do not agree to any of the terms below, we are unwilling to grant you access to the site or the services.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall be effective immediately, and the most current version of the Agreement will supersede all previous versions. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on June 24th, 2021 all users.

How Dune Operates

Dune sells original artwork and/or castings and prints thereof, as well as a range of hand made home decor items Dune also provides photography services. Customers can purchase the products available for sale as well as hire Dune’s photography services. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Refusal of Service & Sales

Dune reserves the right to refuse service and sales, as well as the right to cancel orders for any reason we see fit.

VAT

All prices are shown exclusive of European Union VAT. VAT will be added at checkout when applicable. 

Currency

All prices are in Swedish Krona (SEK). You may use the currency converter provided on each store page to show the price in your local currency.

Shipping, Returns, and Exchanges

Please see our Shipping, Returns, and Exchanges Agreement

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 our Contract that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, failure of third parties to provide services, 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, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under our Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under our Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

If you are a consumer, you may cancel a Contract affected by an Event Outside Our Control which has continued for more than [30] days. To cancel please contact us. If you opt to cancel, you will have to make available for collection (at your cost) any Artworks you have already received and we will refund the price you have paid excluding delivery charges.

Copyright Notice

Photography & Flat Artwork (drawings, paintings, etc.)

All photographs featured on all pages of the dunecreative.se website are the property of Maria Hjerppe unless otherwise noted, and are protected under Swedish and International Copyright laws and treaties which provide substantial penalties for infringement. No photographs from this site can be copied or used in any manner without permission in writing from Maria Hjerppe. No paintings, drawings, sculptures, etc. are allowed from any photograph. To inquire about prints of any images or licenses to utilize any images on this site please contact me via the Contact page on this website.

Sculpture

Unpainted castings are intended to be completed using any form of applied finish or customization. Maria Hjerppe retains all copyrights for the editions, to include derivative work as well as castings to which the artist has applied finish work .
What this means: You can sculpturally customize your blank casting and finish it in any media, in any color you wish, but you may not cast it or any customized version you may have created. It is illegal to copy, duplicate, mimic, recast, or otherwise recreate the original work.

II. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

A. No Warranties

THE SERVICE, THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.

B. Limitation Of Liability

USE OF OUR SERVICE AND THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE DOLLAR (U.S. $1.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND ANY DOWNLOADABLE TOOLS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE TO YOU WITHOUT THIS LIMITATION.

C. Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.

III. TERMS AND TERMINATION

These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Site or Service. We reserve the right to terminate these Terms and your access to the Site and the Service at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.B, I.C, I.D, II, III, and IV will survive the termination of these Terms.

IV. MISCELLANEOUS MATTERS

A. Privacy

In the course or accessing and/or using the Site and/orthe Services, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services and/or the Site, you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and the Services.

B. Copyrights

If you believe your copyright has been violated by works or Third-Party Offerings accessible on the Site or through the Service, please contact us.

C. Modifications to Terms

We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site and/or the Services following posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

D. Modifications to Services

We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

E. General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Services. These Terms will be subject to and construed in accordance with the laws of the country of Sweden, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the country of Sweden. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, the Downloadable Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and us with regard to the matters described above.