Terms of Use of Cchora

THE SERVICE PROVIDER’S STATEMENT:

Cchora is a community built upon respect for artists and their intellectual property rights as well as the intellectual property rights of third parties. Cchora has a zero-tolerance policy for intellectual property rights infringement. Therefore, we ask our Contributors to keep it in mind each time they are sending content to Cchora. The contributors are required to send works that do not infringe upon the copyrights, moral rights, publicity rights, privacy rights, or any other rights of any person or third party, or violate any law or judicial or governmental order. In simple words, stealing other people’s works and passing them on as their own is against the law and against what Cchora stands for and will stand for.

TERMS USED HEREIN CARRY THE FOLLOWING MEANINGS:

1. Contributor – a natural person engaged in business activity, an unincorporated organizational entity that has been endowed with legal capacity on the basis of separate provisions, or a legal person, all of whom have sent and currently maintain artworks in order to provide access to Product Models which they have delivered. Contributor is not a consumer within the meaning of the law.

2. Voucher – a multi-purpose voucher issued by the Service Provider to the Subscriber under the Subscription Agreement.

3. Product – a physical/digital copy of a work or another product of the human activity, including but not limited to graphics, posters, paintings, illustrations, or photographs, provided to the User or persons who purchased the Product by the Service Provider or assembly system.

4. Registration – a one-time action which consists of doing a membership by the Contributor with the use of a registration form provided by the Service Provider. The Registration is completed upon the Contributor accepting a registration form sent to the contributors’ email, filling in appropriate spaces of the form, and sending it back. The Registration is effective upon successful completion of a verification process by the Service Provider, which is followed by an e-mail with a confirmation of Registration sent to the Contributor address.

5. Terms of Use – these Terms of Use.

6. Website (www.cchora.com, Cchora) – an Internet website which enables Contributors to provide access to the Product Models.

7. Force Majeure – an exceptional external occurrence beyond the control of a given Party which was impossible to prevent despite exercising due diligence.

8. Parties – depending on an Agreement to which the Terms of Use refer: the Service Provider and the Contributor or the Service Provider and the User.

9. Subscriber – a User who executed the Subscription Agreement with the Service Provider and subscribed to the Subscription Plan.

10. Agreement -an agreement for the provision of Services concluded by and between the Contributor and the Service Provider upon the Contributor’s first access to the platform following successful Registration. The agreement is concluded for an 1 year period which is the renewed. In the case of Users not being a member, the agreement for the provision of Services is concluded each time upon entering the Website and terminated upon leaving the Website. Moreover, in the case of the agreement between the Contributor and the Service  Provider, the Agreement also covers the provision of services connected with the Contributors delivering the Product Models to the Website on the terms and conditions provided for in these Terms of Use.

11. Subscription Agreement – an agreement concluded between the Service Provider and the Subscriber, based on which the Service Provider provides to the Subscriber the Subscription Plan service and allows the Subscriber to acquire the Voucher.

12. Service – a service provided by electronic means by the Service Provider under the Act on Providing Services by Electronic Means on terms and conditions provided for in the Terms of Use, which consist in:(a) providing the Contributor with a platform and other 3 functionalities of the Website, in particular the Subscription Plan, and (b) making it possible for the User to make an order for a Product.

13. Service Provider – CCHORA STUDIO at KILELESHWA, MAKUENI ROAD, NAIROBI DAGORETI DISTRICT, KILELESHWA. P.O BOX 2905, 00202 – KENYATTA N.HOSPITAL,
have/has been duly registered under Number BN-5XCVXJV pursuant to and in accordance with the provisions of the Registration of Business Names Act and Rule thereunder. Given under my hand at NAIROBI on 26-11-2019

14. Act on Copyrights and Related Rights – Act on Copyrights and Related Rights of 4 February 1994 (Dz. U. [Journal of Laws] of 1994, No. 24, item 83, as amended).

15. Act on Providing Services by Electronic Means – – Act on Providing Services by Electronic Means of 18 July 2002 (Dz. U. [Journal of Laws] of 2002, No. 144, item 1244, as
amended).

16. User – – (a) a natural person above 18 years of age (in the case of persons at the age of 13-17, every activity within the Website requires confirmation of his or her legal guardian), (b) a natural person engaged in business activity, (c) an unincorporated organizational entity that has been endowed with legal capacity on the basis of separate provisions or (d) a legal person using the Website.

17. Product Model – a digital presentation of a Product in the form of data published and made available by the Service provider on the platform.

18. Initial Order – an order for a Product or Products made within the Website during which a Subscription Agreement is concluded; within the Initial Order, the Subscriber may only order Products in size M, L, or XL.

19. Limited Editions – limited in quantity and/or time series of the Product, having modifications and printing refinements not available for standard orders, certificate of
authenticity and manually marked by assigning an individual number together with information about the quantity of the Product available within a given series, which is available for purchase via the Website without the option of finishing and the borders of the ordered Product and in size M and at a price provided by the Service Provider on the Website.

20. Partner – website through which it is possible to purchase the Product by users of this website. Under no circumstances should the Partner be considered a subcontractor, agent or any entity acting on behalf of the Service Provider.

• I. General Provisions

• These Terms of Use set forth: (a) the rules of using the Website by the Contributors and Users, and the rules governing the provision of Services via the Website (b) the conditions for selling the Products and (c) the rules governing the provision of services by the Contributors in connection with delivering Product Models to the
Website.

• II. Scope and Conditions for Using the Website.

• The Service Provider undertakes to provide the Service within the Website in the scope and on terms and conditions specified in these Terms of Use.

• The Service may be used on condition that the ICT system used by the Contributor or the User meets the following minimum technical requirements: (a) Internet Explorer version 9.0 or newer with enabled JavaScript and cookies or (b) Mozilla Firefox version 22.0 or newer with enabled JavaScript and cookies, Google Chrome version 30 or newer with enabled JavaScript and cookies, Safari 5 or newer with enabled JavaScript and cookies, Opera 20 or newer with enabled JavaScript and cookies, minimum display resolution 1200×800 pixels.

• The Service Provider uses cookies solely for the purpose of collecting information connected with the use of the Website, including in particular in order to:
a) maintain the User’s/Artist’s/Influencer’s session;
b) adapt the Website to the needs of the Contributor;
c) create the statistics concerning the traffic on subpages of the Website, and
d) use such information for marketing purposes of the Service Provider.

• The Service Provider reserves the right to technically modify the manner in which the Service is provided in compliance with the scope and conditions resulting from the authorisations held by the Service Provider, and also in accordance with the technical capabilities of the Service Provider without compromising the quality and
with no influence on the scope of rights and obligations of the Parties.

• The Service Provider in entitled to periodically suspend the provision of Services on the Website in relation to all or some of the Contributors in connection with carrying out necessary maintenance. The maintenance will be carried out upon prior notification to the Contributors/Users/ (e.g. by way of sending an appropriate
message to the users and publishing an announcement on the Website) and for the shortest time possible.

• In order to assure the safety of transferring messages connected with the Service provided, the Service Provider undertakes technical and organisational measures which are adequate for the level of risk to the safety of the Service

III. Providing Access to Product

Models and Selling Products.

• [Information for the Artist]

• The Artist keeps all rights to Product Models uploaded by the Artist to the Account, and may at any time delete any Product Model from the platform. All orders from Users for  Products based on Product Models by a particular Artist that are placed before the deletion of the Product Model will be completed.

• A Product Model will be displayed on an Account on condition that a file containing the Product Model or a photograph featuring the Product Model satisfies the following technical parameters:
a) The Artist is the owner of the Product Model;
b) JPG up to 30MB. Minimum 300 DPI in RGB mode;
c) The shortest side at least 2900px;
d) 1.4:1 ratio for best product fit (ex. 4060px x 2900px);
e) No logos. No watermarks. No borders;
f) Text/content shall be from the edge at least 200px for the file with min. size 4060px x 2900px;
g) The whole content of the design is included in one uploaded file;
h) No multiple uploads of the same image with slightly changed color palette or tiny detail;
i) Tags need to correspond directly to the subject of the artwork.

• Without prejudice to sec. 6.8. below and the right and obligations of the Parties, The Service Provider reserves the right to delete the Product Models, which are not in line with the profile of the Website or don’t meet the requirements of sec. 3.2. above.

• The Artist undertake to fulfil any and all tax obligations connected with the activities carried out by the Artist on the Website.

• By uploading a Product Model to the Account, the Artist gives consent for the Service Provider and the Service Provider’s subcontractors to undertake any activities with respect to the Product Model and its developments (in full or in part) that are necessary to create and market the Product. In addition, the Artist agrees to make the Product Model publicly available to the extent necessary to display the Product for sale through the Partner.

• Furthermore, the Artist gives his or her consent to the following:
a) the Service Provider and entities cooperating with the Service Provider using the Product Model or its development (in full or in part) and photographs of the Product itself solely with a view to promoting the Website or the Artist (in the Internet, press and television, or during presentations or exhibitions);
b) using the Product Model or its development (in full or in part) and photographs of the Product itself within the Influencer’s Account;
c) launching discounts by the Service Provider. As a result of launching discounts, the price of the Product and the fee paid to the Artist or the Influencer is proportionately decreased;
d) the Service Provider and entities cooperating with the Service Provider using the Product Model for the purposes of promoting the Website or the Artist, in particular for transferring the Product as samples to the customers free of charge, as well as using the Product for the purposes of conducting contests in which free copies of the Product are awarded.

• Moreover, acceptance of Cchora Terms of Use equals with the Artist’s consent for selling the Product Models via the Website and the Partner as well as within the Subscription Plan. The consent can be terminated by termination of the Agreement and closing Account by the Artist.

• [Artist’s fee]

• For appropriate and verified by the Service Provider providing by the Artist of the services connected with the delivery of Product Models to the Service, the Service Provider undertakes to pay a fee to the Artist (at the request of the Artist expressed by clicking the request payment button) on the terms described in par. 3.10. below.

• The fee will be published on the Artist’s Phone after the period of 24 (twenty four) hours of selling the Product and then will be available on the Artist’s phone to request the payment after the period of 10 (ten) days of selling the Product. The settlement between the Artist and the Service Provider will be made only once a minimum of USD 50 (fifty) is accumulated on the Artist’s account and within 45 (forty-five) days from the date of requesting it by the Artist. The request to pay a fee shall be submitted by the Artist within 3 (three) years of selling the Product. The settlement will not include a fee for the sale of Products which were returned by the User (on the basis of a complaint or withdrawal from the agreement) or for the sale of Products which has been cancelled.

• The fee will be determined in accordance with the following rules, with the reservation that the fee is in no case charged to the Artist from the price of the Product purchased by the Artist using the Buy Your Own Artwork functionality. A basis for settlement is a net sale price of a Product based on the Product Model provided by a given Artist. The fee due to the Artist for the Products and for the Products offered as part of the Subscription Plan will be calculated on the basis of a fixed price of a Product which in case of Product in size M is USD 44,00, in case of Product in size L is USD 89,00 and in case of Product in size XL is USD 149,00. The amount of the fee due to the Artist in case of Product in size M is USD 4,00, in case of Product in size L is USD 8,00 and in case of Product in size XL is USD 13,00. The Artist will be notified of any changes to the fee in a manner described in par. 11.4 below, except for the fees due to the Artist in the case of the Limited Edition series Products.

• The Service Provider reserves the right to deduct an advance payment towards taxes and other official and administrative fees (i.a. WHT, VAT) that Service Provider is obliged to pay in different countries around the world.

• The Artist is solely responsible for the provided data (PayPal email address) during the payment process. The settlement will be lost in case of providing incorrect or invalid data. The Artist waives all and any claims against the Service Provider in this respect. At the time of pay-out, the Artist commits to provide basic and valid data (tax data) for identification purposes. The system will verify data within 72 hours. In case of lack or incorrect data provided, The Service Provider reserves the right to withhold payment until receipt of relevant data.

• The Artist’s fee regulated in par. 3.8. – 3.12. above will cover any and all claims that the Artist may have during/in connection with/as a result of the cooperation with the Service Provider in connection with the Website, in particular for giving a consent to the use of the Product Model and Product in the manner specified above.

• [Sale of Product]

• A Product sale agreement made through the Website is concluded upon the User clicking a functionality marked in the path to purchase as “CHECK OUT”, and in the case of purchase through the PAYPAL system, upon clicking a functionality marked as “Pay now”. The agreement does not apply in the case of failure to make the actual payment. The agreement may be concluded solely and exclusively via the Website, i.e. using Website functionalities. The subject matter of the agreement will be specified at the last stage of the path to purchase. The Service Provider is obliged to deliver the Product without any legal and physical defects. The guaranteed price of the Product is the price given in the cart. This means that the Service Provider guarantees that when the User adds a Product to a cart at a specified price in the purchase path, but the User does not purchase this Product during the same visit to the Website, the price of the added Product will remain the same as at the time of adding this Product to a cart, if the User purchases the Product which was previously added to a cart during the other visit to the Website, as long as the Product is still available for purchase.

• The User may withdraw from the Product sale agreement concluded with the Service Provider via the Website without giving any reason by submitting an appropriate statement within 100 (one hundred) calendar days. This time-limit is calculated from the day the User took the possession of the Product. The User will not cover the costs of withdrawal from the Product sale agreement subject to the following sentence. In the case of withdrawal from the Product sale agreement, the User will cover the following costs: (a) the cost of returning the Product (return shipment); (b) if the User selects a manner of Product delivery other than the least expensive ordinary manner of delivery available on the Website, the Service Provider is not obliged to reimburse the User for any additional costs incurred by the User. Withdrawal is possible if the assembly system contained in the Product is still functioning. As for the purchased assembly system, withdrawal is possible only in case of returning the whole assembly kit and if it is still functioning.

• The Service Provider undertakes to immediately, not later than within 14 (fourteen) days from the day of receiving the User’s statement of withdrawal from the Product sale
agreement, reimburse the User for any and all payments made by the User with the use of the same method of payment as applied by the User, with a proviso that the Service Provider is entitled to suspend reimbursement of payments obtained from the User until the Service Provider receives the Product back or the User submits a confirmation of shipping the Product, depending on which of the events occurs earlier. Moreover, the Service Provider reserves that upon the lapse of 60 (sixty) days following the payment made by the User, independent payment operators may, under their rules and regulations, retain a certain part of the amount paid.

• The Product will be delivered not later than 30 (thirty) business days following the day on which the payment for the Product was obtained.

• The Products are delivered by courier or to a package machine or a service point indicated by the User. The Products ordered may be delivered by the Service Provider in the following countries: Australia, Austria, Belgium, Bulgaria, Canada, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Thailand, United Arab Emirates, United Kingdom, United States, Venezuela. Depending on the destination, there is a possibility of an additional duty fee and/or taxes. Their amounts depend on a specific countries’ regulations. Any costs related to customs duties and/or taxes shall be borne by the User, unless such costs are explicitly included in the purchase price of the Product.

• Payment for the Products may be made using the methods indicated at the beginning of the order making process. The User should pay the Product price immediately upon making an order for a given Product. Payments are made in USD, EUR, GBP, DKK, SEK, CHF. If different currency is applied by the User then mentioned above, the final charge is made in USD at the exchange rate at the User’s bank.

• In the case of any possible non-compliance of the Product with the sale agreement or terms of delivery of the Product, the User may submit a complaint to the address:
info@cchora.com. The complaint shall be examined by the Service Provider within 14 (fourteen) days from the delivery of it to the Service Provider. The User will be promptly informed of the results of this procedure.

• According to the EU Resolution No. 524/2013 on online dispute resolution for consumer disputes, Users shall have the possibility to resolve disputes with traders regarding online sales or service contracts, out-of-court via an online platform. Complaint can be submitted in
the electronic form available under the following link: http://ec.europa.eu/consumers/odr/ . Our e-mail address for this procedure is: info@cchora.com

• The User being a Polish consumer has the right to have his complaints examined and assert his claims: (a) by mediation through provincial inspectors of the trade inspection authority; (b) before permanent consumer arbitration courts at provincial inspectors of the trade inspection authority.

• The mediation referred to in par. 3.29 (a) above may be availed of after the consumer has applied to the competent provincial inspector of the trade inspection authority

• The permanent consumer arbitration courts referred to in par. 3.29 (b) above may be availed off upon submission by the consumer of a request for examining a dispute by the competent permanent consumer arbitration court.

• The Polish consumer has also the right to make a request with the district or city consumer ombudsman to approach an economic operator regarding protection of the rights and interests of consumers.

• The User shall always take caution in choosing the location for the Products as some external factors (such as vibrations, high humidity levels) may detriment the magnet mounting and cause the Products to fall.

• Sale of the Products via the Partner is conducted on the terms set out in the relevant
regulations available on the Partner’s website.