General considerations
The visual artist Neisa Beatriz Guerra Guevara manages this Web Page. Here, you can find information about Mrs. Guerra´s artwork and the artistic activity she develops and she is interested in.
Furthermore, www.neisart.com works as an e-commerce platform to offer Neisa Beatriz Guerra Guevara artwork such as sculptures, paintings and other pieces of art, made by her, or for others with their full authorization.
When you visit www.neisart.com, you, as a user, participate in her “Service” and agrees to be subject to the terms and conditions, including the aditional terms, conditions and policies to which this statement refers.
The terms and conditions expressed here applies to all users of the web page, including, among others, the users such as visitors, vendors, clients, business actors, and content collaborators.
Please read carefully these Terms and Conditions before access our web page. When you access this web page, or part of this web page, you are accepting and agrees to be subject to these terms of service. If you do not accept the terms and conditions, you will not be able to access the web page, and will not be able to use the services offer here. If these terms of service are consider an offer, the acceptance is limited to these terms of services.
The new functions and tools that we could add to the current virtual store, in which you can buy artworks or other pieces, are also subject to these terms and conditions.
We reserved for us the right to update, change o replace any part of these Terms and Conditions throughout the release of the updates and/or changes of our web page.
Is your responsibility, as user and reader, to review this page periodically in order to check for changes. Your use or access to this web page after any change stands for your acceptance of the changes.
1 – Online Store Terms and Conditions
When you accept the Terms and Conditions, you declare that you are legally adult in your State of residence, and by that you have given your consent to allow anyone under age under your surveillance to use this web page.
You cannot use our products or services for any illegal activity or any unauthorized activity. You cannot use the services offer in this web page to break the law or your jurisdiction, including, among others, intellectual property laws.
You must not transmit any virus or code that could have a destructive purpose.
A violation of any of these Terms and Conditions will result in an immediate termination of the services.
2 – General conditions of the Online Store
We reserve to us the right to reject to provide services to any person for any reason at any time.
You understand that your information (without including your credit card information) could be transferred without encryption and involved transmissions to (a) several webs; and (b) could involved changes in order to comply and adapt to the technical requisitions of connections to webs and devices. The credit card information is always encrypted during the transfer trough the net.
You accept not to reproduce, duplicate, copy, sell, resell or exploit any part of the services of this Web Page., without our written consent.
3 – Accuracy, integrity and punctuality of information
We do not take responsibility if the information available on this web page is precise, complete or updated. The available content of this web page is provided, only, for general information and you do not trust or use it as a unique source of information to take decisions without consulting more complete and precise sources. It is under your own risk to use the information available here.
We reserve to us the right to modify the content of this web page in any moment, but we do not have the obligation to update any information of our web page. You accept that is your responsibility to be aware and inform of the changes of our web page.
4 – Modifications about prices and services
The prices of our products are subject to changes without prior notice.
We reserve the right to modify or discontinue the service (or any part or content of the web page) without prior notice.
5 – Products or services
Some products or services could be available exclusively on line in the web page. These products or services could be available in small quantities.
It is important to highlight that if for any reason there is a return, the masterpiece or the piece, must be return in the same conditions in what it was delivered. This include packaging and conditions of the piece itself.
We have done all the possible efforts to show with the best precision the colors and the images of our products that are exhibit in our online store. We cannot guarantee that the color that is display on your computer screen or mobile device is exact as the real piece.
We reserve the right, but we are not bound, to limit the sell of our products to a person or group of persons, geographic region or jurisdiction. We can exercise this right case by case. We reserve the right to limit the quantities of products or services that we offer. All descriptions and prices or our products are subject to changes without prior notice.
We reserve the right to discontinue any product, in any moment. Any offer for any product or service in this web page is not valid where it is forbidden.
We do not guarantee that the quality of any product, service, information or material bought or obtained for you will comply with your expectations, or that any mistake will be amended.
6 – Accuracy of the billing and account information
We reserve the right to reject any order that anyone could place. We can, following our exclusive criteria, limit or cancel orders for any person, or institution.
These restrictions can include orders made by or using, the same client account, or orders that have been made using the same credit card, billing address, or shipping address.
In the case that we made a change, or cancel an order, we can try to notify the decision contacting the buyer using its billing address, email address or the phone number given by the buyer at the moment of the purchase.
We reserve the right to limit or forbid the orders that, according to our exclusive criteria, seems to be made by unauthorized resellers, vendors or distributors.
You accept to give us information of your purchase and current account, complete and precise about all your purchases in our online store.
You accept to update rapidly your account and information, including credit card data, in order to complete your transactions y let us know the best ways to contact you, in necessary.
7 – Optional tools
We can provide you access to third party tools-apps, web pages, on which we do not have control or accountability.
You recognize and accept that we provide access to these third party providers, without responsibility or endorsement on our part.
Any use you could do of these third party providers services or products, are on your own risks and discretion, and you should be inform that you know and approved the Terms and Conditions of those third parties.
We can, in the future to offer new services, add new features and capabilities to this web site. Such changes will be covered for this Terms and Conditions.
8 – Links to third parties
Some subjects, products and services available throughout our web page can include content from third parties.
The links to third parties can redirect you to other web pages not related to us. We are not accountable for examining or evaluate the content or accuracy of the information of those third parties, and we do not guarantee or assume responsibilities for the content, subject-matters that you can find on those third parties web page. We are not responsible for any damage or harm related with the purchases or use on third party web pages.
All problems related to third parties and the claims that could result from them, must be directed to those third parties.
9 – Comments, feedback and other communications from users
If at our request or without our request, a user send us presentations, creatives ideas, suggestions, proposals, plans and/or other materials, via online, by email, or any other way, the user accept that in any moment, without restrictions, we can edit, copy, publish, distribute, translate and use in any way any comment that the user send us. We do not have any obligation (1) of maintaining any comment; (2) pay any compensation for any comment; or (3) respond to any comment.
We can, but we are not obliged to monitor, edit or delete material that on our exclusive criteria we determine as illegal, offensive, threatening, defamatory, obscene, porn or in any way controversial, and any material that could infringe the intellectual property of any party or of these Terms and Conditions.
You accept that your comments will not infringe any right of third parties, including copyrights, trademarks, privacy, personalities or any other personal right or property right.
Furthermore, you accept that your comments will not containt difamatory or illegitimate material, abusive or obscene, or any informatic virus that could damage the operation and functions of this web site or any other related web site.
You cannot use a fake, impersonate any other user or account holder, or in some way, trick a third party or us about the origin of your comments.
You are the only liable for your comments and the precision of your comments. We do not assume any responsibility and we will not take on accountability for your comments and its precision that could be publish by you or a third party.
10 – Personal information provided by the user
The personal information send to us throughout our web page – online store is govern by our privacy Policy.
11 – Mistakes, omissions and inaccuracies
Occasionally, there could be information in our web page that could contain typographic mistakes, inaccuracies or omissions that could be related with descriptions of products, prices, promotions, sales, offers, shipping rates, transit times and availability.
We reserve to us, at any time, the right to correct any mistake, inaccuracy or omission, and change or update information, or cancel orders if any information of the service or in any web page related to us is incorrect (even if the order have been already shipped).
We do not assume any obligation to update, modify, or clarify the information of the web page or any web page related to us, including, among others, price information.
No specified update of the web page or in related any web page must be taken to point out that the whole information of the web page or in any other related web page have been modified or updated.
12 – Forbidden uses
Additionally to what have been stablish in these Terms and Conditions, it is forbidden the use of this web page to: (a) any illegal purpose; (b) ask others to participate in illegal acts; (c) infringe any regulation, rule or law of a local, international, federal, county or state regulation; (d) infringe third parties or our intellectual rights; (e) harass, abuse, insult, harm, defame, underestimate, bully, discriminate for gender reasons, sexual orientation, religion, ethnicity, race, age, place of bird or disability; (f) send fake new or false information; (g) upload or transmit informatics viruses or any that could be use in any way to destroy or affect the functionality or operation of this web site or any other related web site or the Internet; (h) collect or trace the personal information of others; (i) spamming, identity stealth or to increase the number of visits using informatics bots; (j) any obscene or immoral purpose; or (k) interfere or avoid the security features of this web page or any related web page, or the Internet.
We reserve to us the right to terminate the use of this web page or any related web page for the transgression of any of the forbidden uses here established.
13 – Liability and warranties disclaimer
We do not guarantee that your use of our services could be interrupted, appropriate, opportune, timely or free from errors.
We do not guarantee that results for the use of our services are precise, reliable or trustworthy.
You accept that sometimes we can eliminate, cancel or terminate our services, in any moment, without any notification.
You accept, purposely, that the use of our services is at your sole risk. The web page and all its products are provided “as they stand” and “available” for its use, without any representation, warranty or any condition, either expressed or implied, including all implied warranties or conditions of commercialization, commercial quality, suitability for any particular use, or durability.
In any case, my person (Neisa Guerra), employees, affiliates, agents, vendors, contractors, interns, services vendors, will be responsible or any injure, loss, claim or direct or indirect incident, casual, punitive, special, or consequential damages of any kind, including, among others, profit losses, revenues losses, saving losses, data losses, replacement costs, or similar damages, either from contracts, extra contractual responsibility (including negligence), stringent responsibility or any other kind, that could arise from the use of any of the services or acquired products of this web page.
Due to some states or jurisdictions restrictions to allow the exclusion or limitation of responsibilities for incidental damages, in which states or jurisdictions, our responsibilities will be limited to the maximum extension that the law allows.
14 – Indemnities
You accept to indemnify-compensate, defend and to clear Neisa Guerra from responsibilities and all its service providers from any claim, lawsuit, including reasonable lawyers’ fees, done by third parties, or those that could arise from the failure to comply with these Terms and Conditions, or the violation of any law or the rights of a third party.
15 – Severability
In case that any provision of these Terms and Conditions is illegal, null or non-demandable, that provision will be, however, demandable in the larger extend allowed by the law, and the non demandable part will be considered separately of theses Terms and Conditions, and that decision will not affect the validity and applicability of any other lasting provision.
16 – Termination
The obligations and responsibilities of the parties before the termination of the contract will continue prevailing for all purposes.
These terms and conditions go into effect unless you or we annul it. You can annul theses Terms and Conditions in any moment notifying us that you do not wish to use our services. You also annul these Terms and Conditions when you leave the web page.
If for our exclusive criteria, you fail or we suspect that you have failed to comply with any disposition of these Terms and Conditions, we can terminate this agreement in any moment without any prior notice and you will be responsible of all the sums that you owed until the date of termination.
17 – Entire agreement
The fact that we do not exercise or invoke any right or disposition of these Terms and Conditions will not constitute a resignation to such rights or dispositions.
These Terms and Conditions and any policy or rule of operation publish by us in this web page or related with this web page, constitute the complete agreement of understanding between you and us, and they rule the use of this Web Page, replacing any agreement, communication or previous-contemporary proposal, either oral or written, between you and we (including, among others, previous versions of the Terms and Conditions).
Any ambiguity related with the interpretation of these Terms and Conditions will not be interpreted against the drafter party.
18 – Applicable law
These Terms and Conditions and any other agreement for which we provide services will be rule and interpret according to the laws of the State of Texas, USA.
19 – Changes of these Terms and Conditions
You can review the last version of the Terms and Conditions at any moment in this web page.
We reserve the right to us, to our complete discretion, to update, change or replace any part of these Terms and Conditions, publishing updates and changes in our web page. Is your responsibility to check our web page periodically in order to look for changes. Your continuous access to our web page after the publishing of any change of these Terms and Conditions stands for its acceptance to those changes.
20 – Contact information
Any questions about these Terms and Conditions must be submitted through our contact form.