1.GENERAL TERMS AND CONDITIONS
1.1
The site http://www.humanssince1982.com is operated by Humans since 1982. These Terms of Service (the "Terms of Service") apply when you as a consumer ("You") visit our site and/or place an order via http://www.humanssince1982.com and related pages, on this website (the "Site"). When doing so you engage in our “Service” and agree to be bound by the following Terms of Service including those additional Terms of Service and policies referred herein and/ or via hyperlink and an Agreement is entered into between you and Humans since 1982 AB, organisation number 556905-3928.
Humans since 1982 is a company based and registered in Stockholm, Sweden. All artworks are shipped from our studio in Stockholm, Sweden. Detailed contact information and other information about Humans since 1982 can be found on the Site. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

1.2
Please read these Terms of Service carefully before accessing or using our Site, or before purchasing anything from our Site. If you do not agree to all the Terms of Service of this Agreement, then you may not access the Site or use any Services.

1.3
Throughout the Site, the terms “we”, “us” and “our” refer to Humans since 1982. Humans since 1982 offers this Site, including all information, tools and services available from this Site to You, the user, conditioned upon your acceptance of all Terms, Conditions, policies and notices stated here.

1.4
Any new features or tools which are added to the current Site store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

1.5
You may not use our artworks for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.6
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

1.7
Our Site store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our artworks and services to you.

2.PURCHASE AGREEMENT AND ORDER PLACEMENT
2.1
In order to make a purchase via the Site, you must accept the Terms of Service. By accepting the Terms of Service, you agree to comply with the Terms of Service in their entirety, and agree that you have read the information about personal data and agreed to the use of personal data and cookies in accordance with Humans since 1982’s Privacy Policy, see here: Privacy Policy.

2.2
A Purchase Agreement is entered into once humanssince1982.com operated by Humans since 1982 has confirmed your order by sending you an Order Confirmation. Humans since 1982 urges you to save this Order Confirmation for any contact with Humans since 1982 regarding your order. You can withdraw your order until it is confirmed by Humans since 1982 operated by Humans since 1982. If the order is revoked, Humans since 1982 will refund all possible payments that you have made regarding the order.

2.3
We reserve the right to refuse Service to anyone for any reason at any time.

3.EDITIONS

3.1
All artworks edition details can be found on their respective pages, and will be specified in the Certificate of Authenticity provided. Artworks from Humans since 1982 come with a Certificate of Authenticity (CoA).

4.CUSTOMER DATA

4.1
We are committed to protecting the privacy of the visitors to the Site. Your submission of personal information through the Site is governed by our Privacy Policy. You can view our Privacy Policy here.

5.PRICES, FEES, PAYMENT AND SERVICES

5.1
You can pay in the ways specified on the Site. Humans since 1982 has the right to collect payment as soon as an order has been placed.

5.2
The prices indicated on the Site are exclusive of VAT. The prices are inclusive of shipping but exclusive of possible custom fees or other payment fees. During checkout you will see the total price, including applicable VAT. Please note that additional import duties, taxes or other fees may be charged to you upon delivery of the artwork in accordance to state regulations in your country.

5.3
Prices for our artworks are subject to change without notice.

5.4
We reserve the right to at any time to modify or discontinue the Service (or any part or content thereof). If a discontinuation of the Service implies that your order is cancelled, you will be notified and reimbursed for costs paid in connection to the order.

6.LEAD TIMES, SHIPPING AND DELIVERY

6.1
The expected lead time from when the artwork is sold until it is shipped from our studio location in Stockholm is communicated on the Site and/ or in the Order Confirmation, but may be subject to change. If the lead time for your artwork is delayed, you will be notified by Humans since 1982.

6.2
Humans since 1982 are responsible if the artwork is damaged or lost during shipment or transport from our studio location in Stockholm to you. If the artwork is damaged or lost during shipping or transport to you, you will be notified by Humans since 1982 and Humans since 1982 will care for solving the matter.

6.3
Upon exercise of the right to cancel or return an order, as further specified in section 7, you are responsible if the artwork is damaged or lost during shipment or transport from you to our studio location in Stockholm. Humans since 1982 therefore prompts you to have shipping insurance as well as save the tracking number for the shipment of the artwork.

6.4
All packages are shipped directly to the client’s delivery location using the shipping company UPS. As soon as your package has been shipped from our studio location in Stockholm, Sweden, you will be sent a shipping confirmation with a tracking number. Upon delivery of the package, you shall be notified by our shipping courier via text message, phone call or email. In any case where you are not notified by our shipping courier upon delivery of your package, the delivery of the package can be tracked using the provided shipping courier’s tracking number.

6.5
All packages are shipped on DAP terms (Delivered-at-Place). DAP terms implies that the seller (Humans since 1982) agrees to pay all costs and suffer any potential losses of moving goods sold to the client’s delivery location. With DAP terms, the client (you) is responsible for paying import duties and any applicable taxes, including clearance and local taxes, once the package has arrived at the specified destination.

7.CANCELLATION AND RETURN POLICY

7.1
As a consumer, you have the right to cancel a purchase without giving reasons in accordance with the rules on withdrawal set out in the Distance and Off-Premises Contracts Act. Your right to cancel an order is valid for 14 days from the day you received your artwork.

7.2
To be eligible for a return, the artwork must be unused and in the same condition that you received it. The artwork must also be packaged in the original artwork packaging in accordance to the packaging instructions included in the shipment. When returning an order the delivery cost is not refunded. On the amount to be refunded, Humans since 1982 has the right to deduct an amount corresponding to the depreciation of the artwork compared to the original value of the artwork, if and to the extent such depreciation is due to the fact that you have handled the artwork to a greater extent than necessary to determine its properties or function.

7.3
The right of return does not apply to artworks which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer or otherwise have been clearly personalised.

7.4
Upon exercise of the right to cancel or return an order, you shall contact us at mail@humanssince1982.com to inform us about your return. To be eligible for a return, you must contact us within 14 days from the day you received the goods. You must enter your name, address and other relevant information such as order number and name of the artwork in the return message to us. If you do not want to use the above alternative on notification, you can fill in the standard form for exercising the right of withdrawal that the Swedish Consumer Agency has produced (see Startsida - Konsumentverket ) and send this with a clear message that you wish to cancel/ return your order to the above specified email address.

7.5
Upon exercise of the right to cancel or return an order, you shall bear all costs connected to shipping of the artwork to our studio location in Stockholm including any import taxes or duties there might be. You are responsible if the artwork is damaged or lost during shipment or transport from you to our studio location in Stockholm. We therefore recommend that you save the tracking number for the shipment of the artwork.

7.6
The amount to be repaid to you will be paid to you by Humans since 1982 as soon as possible from the date when Humans since 1982 have received the goods, but no later than within 30 days from the date of your notice of exercise of the right of cancellation has been received. Humans since 1982 may withhold reimbursement until the goods have been received. The refund will be done via the payment used for your purchase, unless otherwise agreed.

8.WARRANTY, COMPLAINTS AND REPAIRS

8.1
The warranty for all ClockClock 24 artworks sold on the Site is 2 (two) years and the warranty for all A million Times artwork sold on the Site is 3 (three) years, meaning that Humans since 1982 undertakes to provide remote support assistance and free mechanical or electrical spare parts for the artworks for 2 (two) respectively 3(three) years. Any maintenance or repair work should only be carried out by Humans since 1982’s Support Service or an expert authorized by Humans since 1982. Do not attempt to repair the artwork yourself. Warranty for artworks only covers original manufacturing defects, and thus not defects that occur during or after a personal change in the artwork's function and appearance, such as rebuilding, upgrading, if the artwork has been altered, opened or modified or any other configuration of the artwork. The warranty is valid against a Proof of Purchase.

8.2
Upon receipt of the delivery of your order, you should carefully examine the artwork to ensure it is error free and meets your expectations. On suspicion of shipping damage, please contact Humans since 1982 on the day of receiving the shipment via email: mail@humanssince1982.com

8.3
A complaint concerning an error must be made without undue delay after you have or should have discovered the error. Please contact us directly at support@humanssince1982.com for assistance. Please include a description of the error and images and/or video of the error in the message.

8.4
In any case where the error is severe and artworks need to be shipped to the studio location in Stockholm for repair, the warranty is only valid as long as the original packing material is intact and included in the shipment. If the artwork is under warranty, shipment costs, repair costs and any related costs will be covered by Humans since 1982 upon Proof of Purchase.

8.5
As a consumer, you are entitled to file a complaint about an artwork regarding manufacturing and material defects for a period of three years. The right of complaint covers goods that are defective in accordance with current consumer protection legislation. If the defect has been reported within two months, this is always considered to be within reasonable time. Contact our customer support service at support@humanssince1982.com and please include a description of the error and images and/or video of the error in the message.

8.6
When the complained artwork has been returned and the complaint has been approved, Humans since 1982 will compensate you in accordance with current consumer protection legislation. Humans since 1982 strives for this to take place within 30 days of receiving the complaint, but it might take longer. Humans since 1982 reserves the right to refuse a complaint if it turns out that the artwork is not defective in accordance with current consumer protection legislation. In the case of complaints, Humans since 1982 follow guidelines from the General Complaints Board, see Startsida | Allmänna reklamationsnämnden. More information is available at Startsida - Konsumentverket .

8.7
Humans since 1982 are responsible for return shipping and any other fees for approved complaints.

9.ARTWORKS AND SERVICES

9.1
Certain artworks may be available exclusively online through the Site. These artworks or services may have limited quantities and are subject to return only according to our Cancellation and Return Policy.

9.2
We have made every effort to display as accurately as possible the colors and images of our artworks that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

9.3
We reserve the right, but are not obligated, to limit the sales of our artworks to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any artworks that we offer. All descriptions of artworks or artwork pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any artwork at any time. Any offer for any artwork or service made on this Site is void where prohibited.

10. ACCURACY OF BILLING, ACCOUNT INFORMATION AND REFUSAL OF ORDERS

10.1
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

10.2
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

10.3
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11. INTELLECTUAL PROPERTY AND COPYRIGHT

11.1
The Site and its entire contents, features and functionality (including but not limited to) all information, software, text, displays, graphics, layout, trademarks, company name, artwork names, information about goods, images, video, audio, and the design, selection and arrangement thereof, services and other content are owned by Humans since 1982. The information is protected by, among other things, Copyright, Intellectual property Right and Law and Market Law, meaning it may not be copied or used without written permission from Humans since 1982.

11.2
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission from Humans since 1982.

12. THIRD-PARTY LINKS AND INDEMNIFICATION

12.1
Certain content, artworks and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, artworks, or services of third-parties.

12.2
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party artworks should be directed to the third-party.

12.3
You agree to indemnify, defend and hold harmless Humans since 1982 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. FORCE MAJEURE

13.1
Humans since 1982 is not responsible for delays caused by circumstances that Humans since 1982 could not control such as (but not limited to) general labor dispute, war, fire, lightning, terrorist attack, changed government regulation, technical problems, faults in electricity / telecommunications / data connections or other communication and errors or delays in services from subcontractors due to circumstances stated here. These circumstances shall constitute grounds for exemption which entail exemption from compensation for damages and other sanctions. Should any such situation arise, Humans since 1982 will inform you both at the beginning and at the end of the time for the current situation. If the circumstance has lasted longer than two months, both you and Humans since 1982 have the right to cancel the purchase with immediate effect.

14. ERRORS, INACCURACIES AND OMISSIONS

14.1
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to artwork descriptions, pricing, offers, artwork shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

15. PROHIBITED USES

15.1
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. SEVERABILITY

16.1
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. ENTIRE AGREEMENT

17.1
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Humans since 1982 on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18. GOVERNING LAW AND DISPUTES

18.1 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country of Sweden.

18.2
If a dispute cannot be resolved in agreement between you and Humans since 1982, you as a customer can turn to ARN (the General Complaints Board), which you can find more information about at Startsida | Allmänna reklamationsnämnden . You can also file complaints directly online via the European Commission's dispute resolution platform, which can be found at the following link Online Dispute Resolution | European Commission . If you submit a complaint via this platform, your case will be automatically forwarded to the appropriate nationally responsible dispute resolution agency. This dispute resolution agency then contacts us and tries to resolve the dispute without interfering with the court.

18.3
In the event of a dispute, Humans since 1982 follows a decision from ARN or the corresponding dispute resolution agency.

18.4
Disputes concerning the interpretation or application of these Terms of Service shall be interpreted in accordance with Swedish law and settled in accordance with clause 17.2 above or ultimately by a general court.

19. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at mail@humanssince1982.com

Humans since 1982 AB
121 62 Stockholm
Sweden

Organisation Number: 556905-3928
VAT Number: SE556905392801

20. TIME OF UPDATE

20.1
These terms have been updated by Humans since 1982 on 9. August 2024.