Terms and Conditions

Welcome to https://www.ferlanderarguedas.com/ (“our website” or “website”).

All our original artworks, reproductions, and products (“products”) are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. 

Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by Ferlander Arguedas (“Ferlander”).

  1. Copyright and Privacy
    1. All Website Content, including but limited to, all artwork, is property of Ferlander and is protected by local (Costa Rica) and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. 
    2. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. 
    3. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
    4. Trademarks. BY FERLANDER, PURA VIBRA, PURE VIBES, HAPPYDELIC, are trademarks owned by Ferlander. 
    5. All of our Intellectual Property may not be used for any commercial or other purposes without our prior written consent.
    6. Privacy
  • When you interact with our online services, we may ask you to provide personal information voluntarily: for example, we ask you to provide your name, contact details and payment details in order to purchase a printed product from us or to set up an online account, or your email address to sign up to receive a newsletter and/or to submit enquiries to us. We may ask for similar information when you contact us offline, for example for customer service. 
  • We may use the information we collect through our online services for a number of purposes, including to: (i) Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytics services, providing storage, or providing similar services, (ii) Providing advertising and marketing services, including targeted advertising, (iii) To conduct auditing and monitoring of transactions and engagement, (iv) Helping to ensure security and integrity and prevent fraud, (v) Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them, (vi) Debugging to identify and repair errors, (vii) To conduct business analysis, such as analytics, projections, identifying areas for operational improvement, (viii) To conduct research and development, including undertaking internal research for technological development and demonstration, (ix) To fulfill our legal functions or obligations. 
  • We may share and disclose your personal information to other third parties in the following circumstances: 
    • (i) To vendors and other third-party service providers who require access to your personal information to assist in the provision of the online services, our products and services, and other business-related functions. For example, we partner with one or more credit card processing companies to assist us in processing your payment. We partner with third parties that offer credit checks services that review credit worthiness of certain users to manage our risk and help us to avoid sending out orders to users that cannot afford to pay. We may also work with third party service providers to assist us providing targeted email campaigns, assemble and prepare personalized offers and/or make particular product or purchase recommendations. However, those companies do not retain, disclose, store, or use personal information for any secondary purposes.
    • We may also disclose your personal information to third parties: a. where required by law or regulatory requirement, court order or other judicial authorization, b. in response to lawful requests by public authorities, including for the purposes of meeting national security and law enforcement requirements; c. in connection with the sale, transfer, merger, bankruptcy, restructuring or other reorganization of a business; d. to protect or defend our rights, interests or property, or that of third parties; e.  to investigate any wrongdoing in connection with the online services or our services; f. to protect the vital interests of an individual. 
    • To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice.
    • Deidentified & Aggregated Personal Information: We continually strive to make customer shopping experiences more relevant and with less friction and may offer related services and insights to our suppliers and others. As a result, we may disclose to others insights that combine information from many customers in ways that do not directly identify you. For example, we may combine your shopping history with that of other customers to deliver generalized insights to our suppliers. These insights do not identify individual customers. This information helps our suppliers provide products and services relevant to our customers. We may receive payment for these insights.
  • To deliver information about products and services that may be of interest to you, we may disclose information with other companies, such as publishers, advertisers and measurement analytics providers. For example, we may disclose device-related data (such as device identifier, type of device, IP address, cookies and other information associated with your browsing and app usage) and individual preferences and characteristics (such as insights and inferences related to shopping patterns and behaviors). This information does not identify you directly, but is necessary to personalize the advertisements you receive. We do not receive payment for this information. For more information about your choices related to advertising activities see “Cookies and Similar Tracking Technology”.
  • To any other person with your consent.
  1. Terms of Use
    1. We grant you a limited, revocable authorization to access and make personal use of the website as our customer. However, you are not permitted to:
  • reproduce, duplicate, copy, sell or otherwise exploit the website or any product or artwork image, product listing, product description, price, page layout, page design, Intellectual Property or other content (“Website Content”) for any purpose, except as expressly provided;
  • use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
  • use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
  • engage in any activity that interferes with the website or another user’s ability to use the website;
  • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
  • assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

  1. Electronic Communications
    1. You consent to receive communications from us by e-mail, text messages and calls. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
  1. Your Account
    1. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
  1. Reviews, Comments, Communications and Other Content
    1. Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners, or social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content: 
  • that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, 
  • that infringes the intellectual property rights of any party or which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. 
  • You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. 
  • Although we do not regularly review content you submit, we reserve the right to edit or remove any content that we find objectionable for any reason. 
  • You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. 
  • You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit. 
  1. Suggestions and Ideas
    1. Visitors may submit suggestions, ideas or questions.  By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
  1. Third Party Links and/or Services
    1. The website may contain links to services offered by third parties that are not under our control (“Third Party Services”). Any such Third Party Services are provided for your convenience only and you access them at your own risk. Any concerns regarding such Third Party Service should be directed to the particular outside service.
  1. Limitation of Liability
    1. We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. 
  1. Terms of Sale
    1. These Terms of Sale apply to all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
    2. Transfer of the product .
  • The transfer of ownership of the product takes place once you have paid the full price. In the event of non-payment of the full price, the sale will be automatically cancelled.
  • Ferlander reserves all MORAL AND PATRIMONIAL RIGHTS of the products, which are not included in the transaction. Therefore, the transaction does not grant you any authorization, concession, or license for the direct or indirect exploitation of the MORAL AND PATRIMONIAL RIGHTS of the products. Mutilation or modification of the products is prohibited.  
  • The buyer may exhibit the product privately or publicly, as long as this exhibition is not for profit. As an exception to this provision, the buyer may exhibit the products for the purpose of promoting and achieving its sale. 
  • Ferlander may request the buyer to allow access to the products with the purpose of exercising the MORAL AND PATRIMONIAL RIGHTS. 
  • The buyer will notify Ferlander, IN WRITING, of the mutilation, damage, destruction or loss of the product, as well as any subsequent alienation or encumbrance to which it is subject, in order to guarantee the exercise of the MORAL AND PATRIMONIAL RIGHTS.
  • The buyer shall inform the subsequent owners of the products, by verifiable documentary means, of the limitations, conditions, agreements and reservations set herein.
  1. Return Rights
  • You may return the product within 10 calendar days of receipt and, upon satisfactory receival of your product, receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded.
  • If the return is grounded in a objection regarding to the condition of the product, you must express any reserve in writing and without delay, at the latest within 48 hours as from the reception.
  • Original artwork and customized pieces ARE NOT SUBJECT FOR RETURN. A “customized piece” is defined as any change requested by the user that results in a modification of the initial characteristics of the Artwork (size, material, aspect…).
  • To return your item(s) please pack them in the original package and send it back to us. Be sure to specify the reason for the return and what action you would like us to take: replacement or refund. We strongly encourage you to return your item via a trackable method.
  1. Pricing
  • Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. 
  • Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do NOT charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.
  • The different possible delivery methods, and the related costs, are indicated at the time of the order summary before check out. The delivery and packaging costs depend on the nature of the Artwork, its dimensions, its weight and the place of delivery.
  • Payment of the price of the Artwork by the Buyer to the Seller is made via the payment services made available in our website: credit card and bank transfer. 
  1. Acceptance of Order. We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
  2. Sales Tax or Value Added Tax (VAT). All Items purchased in our website are subject to Costa Rica Value Added Tax (13%). 
  3. Product Descriptions. We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. 
  4. Delivery
  • Artworks are delivered at the address indicated in the order summary form, during working hours and in accordance with the terms and conditions laid down by the carrier determined at the time of the order.
  • By selecting a carrier, Buyer acknowledges the terms and conditions of delivery of the carrier.
  • The obligations relating to the delivery of the Artwork, i.e. compliance with the estimated delivery date, the quality of the packaging of the Artwork, as well as compliance with the fit for purpose obligation, are the sole responsibility of the selected carrier. Ferlander cannot be held liable in any way in the event of the carrier’s failure to comply with these obligations.
  • The Buyer is obliged, upon reception of the order, to check the condition of the Artwork and to express any reserve in writing and without delay, at the latest within 48 hours as from the reception. 
  1. Disclaimer. We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
  1. Applicable law and Disputes. Any dispute or claim relating in any way to your use of our web site or to the sale of any products or services sold or distributed by us, will be resolved in accordance with the laws of the Republic of Costa Rica, by binding arbitration, rather than in court. All controversies, differences, disputes or claims arising out of this agreement, or the business and subject matter hereof, its performance, breach, liquidation, interpretation or validity shall be settled by arbitration in accordance with the rules of the International Center for Conciliation and Arbitration of the Costa Rican American Chamber of Commerce (“CICA”), to whose procedural rules the parties voluntarily and unconditionally submit. The place of arbitration shall be the CICA in San José, Costa Rica. The arbitration shall be decided by an Arbitral Tribunal composed of one arbitrator. The arbitrator shall be appointed by the CICA in accordance with its rules.
  1. Severability.  If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
  1. Notifications. All notification connected to our products and transactions may be delivered to info@ferlanderarguedas.com * *