Terms of Service.

This website is operated by Dominic Tierno LLC of the state of Idaho, hereinafter referred to as “Dominic Tierno”.

Dominic Tierno operates the site dominictierno.com (the “Site”). These Terms and Conditions (“Terms”) expressly incorporate by reference and include the Dominic Tierno Privacy Policy and any other guidelines, rules or disclaimers that may be posted or updated on specific web pages herein or on any notice sent to you. When entering the Site you agree to the following Terms. These Terms apply when you as a consumer (“You”) place an order through the Site. If you do not agree to these Terms, please do not use this Site. Dominic Tierno reserves the right, at our complete discretion, to change, modify, add, or remove portions of these Terms at any time. We encourage you to review these Terms from time to time because any changes are binding on you. Your continued use of this Site following the posting of changes to these Terms will mean you accept these changes.

To place an order

To make a purchase through the Site, You must accept the Terms. By accepting the Terms You agree to be bound by the Terms as a whole, and agree that You have read the information on personal data and consented to the use of personal data and cookies according to Dominic Tierno’s Privacy Policy.

A purchase agreement is concluded only when Dominic Tierno has confirmed Your order. Dominic Tierno prompts You to save this confirmation for any contacts with Dominic Tierno’s customer service. You may cancel Your order until it has been confirmed. If the order is cancelled, any payments You or credit card companies have made regarding the order will be refunded.

Customer Data

We are committed to protecting the privacy of the visitors to the Site. When You register Your user account and/or place an order, You will be asked to provide certain personal data about yourself which Dominic Tierno will use e.g. to fulfill Your order. You acknowledge that any information You fill in is correct and complete and You are responsible for incorrectly completed information. Detailed information about Dominic Tierno’s processing of personal data is contained in Dominic Tierno’s Privacy Policy.

Any information relating to personal and payment details are encrypted using SSL encryption for secure transmission.
You agree to ensure that no one but You can use Your login information. You may not reveal usernames and passwords for any unauthorized use. You shall immediately notify Dominic Tierno if You suspect that an unauthorized person has access to Your password. You are responsible for all purchases made with these credentials if such notification is not made.

If Dominic Tierno suspects that You are abusing Your user account or Your access data or otherwise violate the Terms Dominic Tierno has the right to suspend You as a customer. Dominic Tierno also has the right to assign You new login details.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dominic Tierno, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you send information or material to Dominic Tierno or post information or materials on the Site, you are solely responsible to ensure that you are allowed to take such actions and that your actions will not infringe any other party’s rights. You acknowledge and accept that Dominic Tierno automatically and immediately upon receipt thereof is given a non-exclusive, royalty-free, transferrable and licensable license to such information and materials, with full and free right of disposal, including but not limited to the right to make changes and publications of the information and materials.

Unless otherwise indicated, the use of any person’s or entity’s brand name, trademark, name, image, or likeness in any of the prints or other works being offered for sale on this website is solely the artistic choice of the individual artist. Such use is not intended to indicate that this person or entity has in any way licensed or agreed thereto, has endorsed Dominic Tierno or the sale of that work, or is collaborating with Dominic Tierno, the artist or any other person or entity in any manner.

Copyright

Except as set forth in these Terms or in mandatory law, you may not copy, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms or in mandatory law), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or the Site, in whole or in part. You may access the Site for your personal, noncommercial use only. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Dominic Tierno or the copyright holder identified in the individual content’s proprietary notices including copyright notice. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of Dominic Tierno. Material on this Site is provided for lawful purposes only. Dominic Tierno and dominictierno.com are intellectual property rights owned by Dominic Tierno and/or its affiliates, subsidiaries, parent or related companies. The use or misuse of these trademarks is strictly prohibited. All other trademarks are the property of the respective trademark owners.

Prices and Fees

The prices indicated on the Site are inclusive of VAT but do not include other fees such as delivery charges or payment fees. In the cart You will see the total price, including any applicable fees.

You need to be over 18 years of age to buy from this Site. Dominic Tierno reserves the right, in individual cases, to deny or modify an order (for example, if You have indicated false personal information and/or have a record for non-payment of a debt).

Dominic Tierno reserves for products to be sold out, any image and typographical errors on the Site and incorrect prices and price adjustments (such as currency fluctuations) or misinformation regarding whether a product is in stock. Dominic Tierno has the right to correct any such errors and to change or update information at any time.

Payment

Dominic Tierno offers the following payment methods:

Online Payments

Secure payment with VISA or MasterCard. Dominic Tierno together with our partner Stripe provides a safe way for card payments and meets the requirements of PCI DSS (Payment Card Industry Security Standard). No payment information is shared with Dominic Tierno. Stripe effectuates the payment from Your card when the product has left the warehouse.

In-Person Payments

Payments may be made by cash or card at our studio location for customers who are picking up their purchase(s). Payment will be required prior to receiving an order.

Cancellation of an Order

Please note that special collections may be subject to a return policy that may differ from our standard return policy. Please check product descriptions for more details.

You have the right to cancel a purchase without giving reasons for why you would like to cancel an order. Your right to cancel an order is valid for 14 days from the day You received the goods.

Upon exercise of the right to cancel or return an order, contact us at mgmt@dominictierno.com for help with your free return.

The merchandise must be well packaged, in good condition and preferably in the original box.

The right does not apply to goods produced according to customer specifications or otherwise have been clearly personalized.

If You wish to cancel a purchase made through the Site, You should, before the withdrawal period has expired, send a message to Dominic Tierno in the manner specified here. You must enter Your name, address and other relevant information such as order number and name of the item in the message.

Once You cancel Your purchase, the amount You have paid for the product will be refunded to You (this does not include compensation for any increased costs of delivery if You have chosen not to use our standard delivery option). The amount to be repaid to You will be paid to You by Dominic Tierno as soon as possible. Dominic Tierno may withhold reimbursement until Dominic Tierno has received the goods or until You have shown that the goods have been returned. The refund will be done via the payment option You chose, provided that, unless otherwise agreed or that there are any obstacles with such reimbursement. You will not be affected by any fees or charges due to Your choice of payment method. The provisions set forth herein do not limit any applicable statutory rights.

Warranties

The warranty covers goods that are defective according to applicable consumer protection legislation. You have a statutory right to make a complaint. Customers wishing to assert error in a product should contact Dominic Tierno as soon as possible after discovery of the defect using the contact information stated below. You have three years warranty on the goods purchased on the Site.

A complaint concerning an error must be made without undue delay after You have or should have discovered the error. You can always make a complaint within two months after You have discovered the error. Upon receipt of the delivery, You should carefully examine the product to ensure it is error free and meets Your expectations.

On suspicion of a shipping damage, please contact Dominic Tierno on the day of receiving the shipment. Under no circumstances should the delivery be bailed out if You suspect damage to the packaging, even if You suspect that the content is undamaged. If damage is discovered after the package has been broken, You should immediately contact Dominic Tierno.

Shipping charges are refunded for approved claims.

When Dominic Tierno has received the defected product and Your complaint has been accepted, Dominic Tierno will compensate You in accordance with applicable consumer protection legislation. Dominic Tierno aims for this to happen within 30 days of receipt of the complaint, but it can take longer. Dominic Tierno reserves the right to deny a claim if it turns out that the product is not defective in accordance with applicable consumer protection legislation.

With the delivery of Your goods, You will receive a Certificate of Authenticity.

Delivery

Dominic Tierno delivers to:

The United States of America

For shipping costs, please proceed with the checkout process as they are customized.

Unclaimed delivery

If Your product has not been collected from the delivery point, Dominic Tierno reserves the right to charge all costs arising in connection with this return to You.

Delivery Delay

If there is a delay in the delivery You will be notified by Dominic Tierno. You always have the right to cancel the purchase if long-term delivery delays occur. Contract may be rescinded by written cancellation via email to Dominic Tierno’s customer service. Refund of the purchase amount paid by no later than 30 days after the termination has been received.

Responsibility for transport

Dominic Tierno is responsible if the item is damaged or lost during shipment or transport from Dominic Tierno to You.

You are responsible if the product is damaged or lost during shipment or transport from You to Dominic Tierno, unless otherwise stated in these Terms.

Accessibility Notice

Dominic Tierno is committed to accessibility. That commitment means that Dominic Tierno aims to provide a Site in accordance with Web Content Accessibility Guidelines (“WCAG”). Please send us an email on mgmt@dominictierno.com if you have ideas on how we can improve our Site’s accessibility.

Force Majeure

Dominic Tierno is not responsible for delays caused by circumstances outside of Dominic Tierno’s control such as general labor conflict, war, fire, lightning strikes, terrorist attack, as amended agency regulation, technical problems, failure of electric/telephone/data links or other communications or fault or delays in services from subcontractors due to circumstances stated herein. These circumstances shall constitute grounds for freedom from liability and other sanctions. If such circumstances arise Dominic Tierno will inform You both in the beginning and also at the end of the period of the current situation. If the event lasts longer than two months; both You and Dominic Tierno are entitled to cancel the purchase with immediate effect.

Change of contract terms

Dominic Tierno reserves the right at any time to withdraw or modify these Terms. New conditions will be published on Dominic Tierno without notice. Changes apply from the time You have accepted the Terms (in conjunction with a new purchase or creation of a user account). Dominic Tierno recommends that You keep Yourself updated on the Site periodically to be aware of any changes to these Terms.

If the competent court or authority finds that any provision of these Terms is invalid or unenforceable, the provision in question and all other provisions shall remain in force and enforceable to the extent allowed by applicable law. The provisions declared invalid or unenforceable will be replaced by the relevant legal guidance and advice.

Liability and Warranties

If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach. We are not responsible for indirect losses, for example loss of profit. Our maximum liability to You for any loss or damage arising in connection with Your order on the Site shall be limited to the total price of Your order.

UNDER NO CIRCUMSTANCES SHALL DOMINIC TIERNO OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, DOMINIC TIERNO DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DOMINIC TIERNO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT DOMINIC TIERNO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DOMINIC TIERNO’S LIABILITY WITH REGARD TO ANY MATTER FOR WHICH IT WOULD BE UNLAWFUL TO LIMIT OR EXCLUDE OUR LIABILITY.

Linked Internet Web Sites

This Site contains links to other internet sites and resources. Dominic Tierno is not responsible for the availability of external sites or resources linked to this Site and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Dominic Tierno. Because Dominic Tierno is not responsible for the availability of these outside resources or their content, you should review the Terms of these linked sites, as their terms and conditions of use may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Copyright and IP Agent for the United States

If You believe that any use of intellectual property on this Site violates your copyright, please provide the following information, in writing, to the Copyright Agent named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that You claim has been infringed;
• A description of the alleged infringing activity and where the alleged infringing material is located;
• A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by You, made under the penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner’s behalf.

Copyright Agent
Legal Manager
Email: mgmt@dominictierno.com

Governing Law and Disputes

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Idaho in each case located in the City of Boise and County of Ada. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.