Conditions of Use

Interpretation

Communications

Data Protection, Privacy and Security

Product Information

Copyright on Original Art

Payment Terms

Prices

Billing Information

Shipping

Liability Limitations

Intellectual Property

Returns Policy

Warranty

Notification Procedure

Dispute Procedure

Contact

Notices and Changes

Through the Allura Art Website’s online store, the purchasing of items is subject to the terms and conditions set out in this document. These eCommerce Terms form part of our more comprehensive Terms of Service. By purchasing items on the Allura Art Website you agree to all of these terms and conditions. Please read them carefully.

All references throughout these Terms of the following shall be construed as referring to and are owned by Allura Limited: Allura, Allura Arts, Allura Arts Website;

Customer/s – All the persons who have purchased an item or a service from the Allura Arts Website’s online shop;

When purchasing items through the Allura Art Website you will be asked to provide your telephone number, primarily to facilitate the delivery process, but also so that you can be contacted for any other reason relating to your purchase. In providing this contact number, you verify that you own the contact number that you provide. You acknowledge that by voluntarily providing your contact number, you expressly consent that for all matters related to these eCommerce Terms, you may be contacted on the contact number you provide.

You consent to receive emails, pre-recorded voice messages and/or auto-dialled calls (including text messages) by or on behalf of Allura relating to these eCommerce Terms, any transaction with Allura and any matters related to your account for the duration of these Terms.

Please refer to our Privacy Policy and Cookie Policy for full data protection, privacy and security practices.

The Allura Art Website seeks to expose visual artists, their creative process and output by promoting or selling artwork, activities, products, services, educational experiences or other events related to the visual arts. Although all reasonable attempts have been made to be as accurate as possible and eliminate errors on this Website; however, Allura in no way guarantees that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or free from errors.

If an item you order is not received as described on the Website it can be returned, as new, as described in the Returns Policy.

In the event of an error, whether on the Allura Art Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, the Customer is entitled for a free-of-charge remedy. The Customer’s sole remedy in the event of such error as described is to cancel the order and obtain a full refund. Without prejudice to the foregoing, Allura reserves the right to correct such error and revise the Customer’s order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount already charged.

All items displayed on the Website are subject to availability and Allura reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services or represented artists without notice, even if you have already placed your order.

All prices are subject to change without notice. The right is reserved to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your location or jurisdiction is restricted or prohibited.

When purchasing artwork from the Allura Art Website, Customers are aware and understand that while they are purchasing the physical object, all the intellectual property rights associated with that artwork are fully retained by the artist and/or existing copyright owner.

When purchasing an item through the Allura Art Website, payment is made in full prior to the orders being dispatched. Payment includes any shipping or handling costs and any applicable VAT, based on the applicable VAT / sales tax rate of the location or jurisdiction to which the order is being shipped.

Allura reserves the right to increase, decrease and add or eliminate charges from time to time and without giving prior notice. By using this Website you understand and agree to check all charges before proceeding to place an order or signing up for a service.

Only valid credit cards or other legally acceptable payment methods may be used. By submitting your order, you represent and warrant that you are authorised to use the designated credit card or payment method and authorise your order to be charged (including taxes, shipping, handling and any other amounts described on the Website) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

All prices shown on the Website are displayed inclusive of sales tax / VAT where applicable. Any other fees incurred, such as shipping for example, are calculated at checkout, unless stated differently on our Website. All costs are made explicit prior to the payment stage to eliminate hidden costs. Pre-sale prices may be subject to change without notice and Allura reserves the right to raise or lower prices.

Allura reserves the right to cancel or refuse any order, or to limit quantities ordered by an individual or entity. In such cases the Customer shall be entitled to a full refund of the amount already paid. This may relate to multiple orders under the same name, User account, credit card, billing or shipping address. Should this occur you will be contacted using the contact details you have provided. These conditions also apply to orders which appear to be placed by dealers, galleries or other resellers or distributors.

You understand and agree to provide accurate and current purchase and account information in relation to any and all purchases through the Allura Art Website. You agree to maintain all information and ensure it is kept up to date, so that we may process your transactions.

The options available to you regarding the carrier used for shipping your item are visible to you at checkout when you select the country the item is to be delivered to. 

Upon successful payment of your order at checkout, you will receive an automatically generated order confirmation by email to the email address provided by you. Once your order has been dispatched, you will receive a further email notifying you that your order has been fulfilled. This will contain shipping information such as the dispatch date and the tracking details to enable you to track the delivery of your order.

When your item is shipped to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on the Website when your order is placed. 

In the eventuality of an item not arriving, please use the tracking information provided to trace your order. Should this prove unsatisfactory or unsuccessful, or in the case where an item is defective or has arrived damaged in any way, please send an email to info@allura.mt immediately, with details and photographs of any damage. In such situations, the Customer, after having notified Allura, shall be entitled to a free-of-charge remedy in accordance with the law which may include the repair or replacement of the product or a full or partial refund depending on the circumstances. The Customer may only exercise this free-of-charge remedy within two years from the date the product purchased came into the Customer’s possession; provided that Allura shall have the right to request reasonable proof of the Customer’s complaints and furthermore provided that the defect or damage referred to above has not been caused by some kind of misuse by the Customer.

The shipping costs you pay only cover the transportation of your item. Depending on the jurisdiction where you live, there might also be additional taxes or import fees in addition to the shipping costs you pay to deliver your item to your chosen address. These additional costs cannot be known or anticipated in advance by Allura and the responsibility to pay for any such additional costs therefore lies solely with you, the Customer.

Due to the COVID-19 situation, standard delivery times cannot be guaranteed. Under ordinary circumstances, for items shipped from Malta to other countries, the following timeframes are typical: UK - three days, other E.U. countries - approximately one week, USA, Australia and other non-EU countries - around three weeks. Since delivery depends mainly on the customs clearance process in each country, these timings are merely indicative, are subject to delays, and are in no way binding upon Allura.

Neither Allura nor the artists represented on the Allura Art Website can be held responsible for any liability, personal injury, loss, damage or expense that you, the Customer, may incur beyond the transaction.

Copyright in the text, images, photographs, graphics, layout and design of the Website are protected by local and International applicable copyright laws. Copyright in all Website text content, layout and other copyrighted works contained in each product, is either owned by Allura, or used with permission. Strictly, no part of any Allura Art Website content may be reproduced in any form (including by electronic or mechanical means, photocopying, recording, or information storage and retrieval) without the prior written permission of the owner. 

The Allura wordmark and logo are the trademarks and/or registered trademarks of Allura. Other trademarks, artwork, copy and/or translations of copy appearing on the Website are used with permission of their respective licensed owners.

According to the Customer rights regulations of the European Union, if an item you have purchased is faulty or does not look or work as advertised, you have the right to return it and obtain a refund for the item. 

If you purchased your item online, you have the right to return the item within 14 days without having to give a reason or justification. To be eligible for a refund the product must be undamaged or in the same condition you have received it. This means that the item should not have been damaged, soiled, washed, altered and that any labels or tags should be intact. For details of this 14 day cooling-off period, read the E.U.’s guidelines on Guarantees and Returns.

After we receive your returned item, Allura shall inspect it and process your refund. The money will be refunded to the original credit card or payment method you have used during your purchase. Please be aware that for credit card payments it may take 5 to 10 business days for a refund to be visible on your credit card statement.

Following a return request / instruction, a refund against the returned item is issued upon the safe return delivery of the purchased item to the address provided to the Customer for this purpose.

If the item has been damaged in any way through misuse or you have initiated the return procedure after the lapse of the 14 day cooling-off period, you will not be eligible for a refund.

Please be aware that Allura will refund the shipping charges the Customer has incurred when making the purchase. Depending on the circumstances however, return shipping fees may still not be refunded in the event of a cancellation or return. Excluding cases where the item is defective/damaged, if the Customer decides to cancel or return an item without reason or justification, the cost of the return shipping may not be refunded.

In such cases whereby returned items are received by Allura in a damaged state or become lost in transit, and where such items are unique, original, one-off pieces, it is unreasonable and indeed impossible for Allura to offer Customers a replacement. Items shipped are covered by insurance and therefore in cases where the item has either not arrived at all, or has not been received as described, the Customer will be refunded. In the case that Customer subsequently does receive the refunded item, then the Customer is still required to return the refunded item.

If an item is defective or has arrived damaged in any way, the Customer shall proceed to notify Allura at the earliest with the details and photographs of the defect or damage. The Customer shall be entitled to a free-of-charge remedy in accordance with the law which may include the repair or replacement of the product or a full or partial refund depending on the circumstances. The Customer may only exercise this free-of-charge remedy within 2 years from the date the product purchased came into the Customer’s possession. Please note that these remedies are hierarchical in the order shown and will apply depending on the circumstances of the defect or damage.

To cancel an order or return an item in terms of this clause, please contact info@allura.mt with the details of your request, citing your order number and the reason (if applicable) for the cancellation or return. In the case of items arriving damaged or defective, kindly include a description of the damage and detailed photographic evidence of the damaged item and packaging. Photographs should be of a quality and resolution sufficiently high enough for the extent of the damage to be clearly visible and to enable an insurance claim to be made against the damage.

If anything is unclear or you require additional information, kindly contact Allura’s Customer Support on info@allura.mt

For the purposes of these eCommerce Terms, the following terms and definitions shall apply:

1. Cancellation – the right of the Customer to cancel an order within 14 days from the date the order was placed;

2. Return – the Customer requests that the purchased item is returned back to Allura by the Customer either because the order has been cancelled or the item arrived damaged or is defective;

3. Cooling-off period – the period of 14 days from date of order within which the Customer can choose to cancel the order;

4. Warranty – refers to the 2 year legal warranty within which the Customer can require a free-of-charge remedy in the case of damaged or defective items.

Naturally it is our hope that disputes would be resolved without either party resorting to external arbitration. In the first instance you are advised to write to info@allura.mt with the details of your grievance and every reasonable effort will be made to look into and resolve the issue. However, in the event that you do not feel that your issue has been satisfactorily handled through this channel, please be advised that alternative support is available.

Any dispute relating to any activity on the Allura Art Website or the purchase of any Allura Art products shall be subject to the exclusive jurisdiction and the laws of the Republic of Malta. As a Member State of the European Union, eCommerce platforms based in Malta are subject to the European Commission’s Online Dispute Resolution (ODR) Regulations, a system they describe as allowing consumers in the E.U. to “easily file complaints regarding online sales (services and contracts) against companies which are also established in the EU.”

Anyone wishing to file a complaint is referred to the Online Dispute Resolution Platform.

If you have further questions relating to these eCommerce Terms do not hesitate to contact Allura on info@allura.mt.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these eCommerce Terms, will be in writing and given by Allura: (i) via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. The date of the most recent update to these eCommerce Terms appears at the top of the document.