Scroll Top

Terms of Service

Overview

Welcome to the Gabriel Caruana Foundation website. Throughout the site, the terms “we”, “us” and “our” refer to the Gabriel Caruana Foundation. 

We are offering this website, including all information, tools and services to you, the user, subject that you accept all our terms and conditions hereunder. 

By visiting our site, and/or contributing to our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current 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 website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

 

SECTION 1 – GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products 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). 

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. 

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

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

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 website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

 

Section 2 – CATALOGUE RAISONNE

 

In order to research the artistic output and preserve the artistic legacy of Gabriel Caruana, we have initiated the process of compiling a Catalogue Raisonné to document Caruana’s artistic output. The Foundation aims to prepare and possibly publish a catalogue raisonné (hereinafter Catalogue) of the works of Gabriel Caruana.  The Foundation may from time to time collaborate with individuals including but not limited to members of the Foundation’s Review Committee, writers, researchers, advisors, consultants, and all individuals and entities providing any funding for the Foundation (hereinafter Collaborators) for the purposes of compiling the Catalogue, or for any other purposes to further the goals of the Foundation.

 

Hereinafter the term ‘Works’ shall refer to artwork (example – ceramics, mixed media, works on paper, paintings, lino prints, glass sculpture, etc…), designs (example posters, clothes, carnival designs, house names, furniture, etc…), photographs (of the artist, his exhibitions, studios, The Mill, evening classes, travels, etc…), correspondence (letters, postcards, etc…). The term ‘Information’ shall refer to the information being submitted relating to Gabriel Caruana and his Works. 

The Foundation shall review the Information submitted about Gabriel Caruana that you own for potential inclusion in the Catalogue, subject to the conditions herein. If you are a current or previous owner of Information on Gabriel Caruana and would like to contribute to this project kindly register to submit this Information for potential inclusion in the Catalogue, subject to the following conditions.  Please read the conditions for submission attentively before registering and submitting any Information.

Your submission of Information to the project for possible inclusion in the Catalogue is subject to the following terms and conditions:

  1. You acknowledge and agree that submission of the Information does not guarantee its inclusion in the Catalogue.
  2. You agree to provide to the Foundation the Information and items required by this submission form to the best of your ability.
  3. You represent and warrant, to the best of your knowledge, that you are the actual owner of the Works, that you have sole title to the Works and right to its possession, and that all Information you provide to the Project is accurate to the best of your knowledge.
  4. You represent and warrant to the Foundation that you are free to disclose Information about the Works and have the full capacity to do so without requiring permission from third parties.
  5. The Foundation has sole discretion to consider the Information for inclusion in the Catalogue. The Foundation will inform you whether or not the Work and Information will be included in the Catalogue after such research and consideration as it shall deem necessary. There is not a set timeframe for this decision-making process.
  6. You understand and agree that neither the Foundation nor any of its Collaborators, warrants or guarantees the correctness of the Foundation’s decision. You, therefore, release and discharge the Foundation from and against any and all claims, liabilities, losses and damages, and all related costs and expenses, including reasonable legal fees, arising out of or based on the submission of the Information, or resulting from any decision rendered by the Foundation concerning the Works and Information.
  7. You agree to defend, indemnify, and hold harmless the Foundation from and against any and all claims, liabilities, losses and damages, and all related costs and expenses, including reasonable legal fees, arising out of, based on, or resulting from any claims asserted by you or by any third party relating to the submission of the Information, or any decision rendered by the Foundation concerning the Information.
  8. You authorize the Foundation to make and retain photographs or other copies of the Information and to publish such images of the Works in connection with the activities of the Foundation. The Foundation acknowledges that it will accommodate the terms of rights and reproduction agreements administered by public institutions. If you own the copyright in the Information, then you grant the Foundation an irrevocable non-exclusive, royalty-free license to publish photographs of the Information in connection with the activities of the Foundation.
  9. The Foundation’s opinions regarding inclusion in the Catalogue are subject to change. Although not obligated to do so, the Foundation may notify you that its decision has changed. If you receive a letter with an updated decision about the inclusion of the Work you submitted, you agree to return the previous letter to the Foundation. You agree that you will not misrepresent to anyone the Foundation’s decision and that you will use reasonable efforts to advise any purchaser or any subsequent owner of the Work of any changes in the Foundation’s decision.
  10. You agree that any decision of the Foundation to include the Work in the Catalogue may not be interpreted as a warranty and/or guarantee and/or certificate as to either the authenticity or the provenance of the Work, and may not be relied upon as such by you or by a future owner or purchaser of the Work. You also agree that no legal or equitable action may be taken in connection with any letter or decision of the Foundation.
  11. The Foundation agrees not to include your name in the Catalogue without your prior permission, or to disclose your name to any third party except as required by law. Any confidential information provided by you will be held in confidence, and the Foundation will take reasonable precautions to prevent its unauthorized disclosure, access, or use.
  12. The terms and conditions herein shall be binding upon you, the Foundation, and the heirs, successors, and assigns of you and of the Foundation, each of whom agrees that any and all disputes arising under or related to this submission form or the submission of the Information shall be governed by and construed in accordance with the laws of the Malta
  13. These terms and conditions constitute the entire agreement between you and the Foundation as to the Information. No waiver or amendment of this submission form is valid unless it is in writing and signed by you and the Foundation.
  14. By registering you acknowledge that you have read and agree to comply with the requirements and terms of your submission of Information and further agree that the Catalogue submission form governs the submission to the Foundation of this and any other information that you own.

 

SECTION 3  – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

 

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services 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 products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

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

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. 

For more detail, please review our Returns Policy, Section 9. 

 

SECTION 7 – DELIVERY

All deliveries are processed and arranged by us, in accordance with our delivery standards and procedures. 

Order fulfilment time is publicly visible and made known to you the user on the individual product pages. 

You can choose the type of delivery of your preference, either local pick up or delivery through MaltaPost. 

Delivery service provider may be subject to change at our own discretion, should this be the case delivery charges will be amended on the individual product pages. 

Local pick up is from The Mill – Art, Culture and Crafts Centre, 1 Bwieraq Street, Birkirkara BKR 1210. Collection from The Mill shall be by appointment only.  

You may choose delivery through MaltaPost. Items are registered and can be insured. You may also choose courier delivery. 

The customer is provided with the Tracking Number of each order via e-mail. 

Delivery fees (including registered mail, insurance and/or courier) are calculated and added to the order automatically upon checkout based on the delivery address, order weight and your delivery preference (registered, insured and/or courier service). The delivery fee includes packaging and there will be no additional fees. 

The delivery fee is based on MaltaPost postage rates and is subject to change in accordance with MaltaPost postage rate updates. 

We ship orders to all EU countries. The shipping fee for your destination will be calculated automatically upon checkout based on the weight of the order and the delivery address.

SECTION 8 – RETURNS POLICY  

General Conditions

We have a 15-day return policy, which means you have 15 days from the receipt of your order to request a return. 

To be eligible for a return, your item must be sent back the same condition that you received it, unused or unworn, with original tags (when applicable), and in its original packaging. You’ll also need the receipt or proof of purchase which would have been sent to you by e-mail upon order confirmation (this could be sent either by us or a payment provider such as PayPal).

To request an exchange or return, contact us on shop@gabrielcaruanafoundation.org. If your return request is accepted, we’ll send you further instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. 

You can always contact us for any return and exchange related questions on shop@gabrielcaruanafoundation.org.

Damage and other issues 

Please inspect your order upon receipt and contact us on shop@gabrielcaruanafoundation.org immediately if the item is in any way defective, damaged or if you receive the wrong item so that we can evaluate the issue and reach a solution.

 

Exceptions / non-returnable items 

Certain products cannot be returned or exchanged, such as perishable goods, made-to-order and custom-made (such as personalized items), original artwork. We also do not accept returns for hazardous materials, flammable liquids, gases. Please get in touch on shop@gabrielcaruanafoundation.org if you have questions or concerns about your specific item. 

Unfortunately, we cannot accept return requests on sale items, gift cards, vouchers, or donations. 

Exchanges 

The most effective and efficient way to ensure that you get your desired product is to request an exchange. To proceed with the exchange contact us on shop@gabrielcaruanafoundation.org. In the second step, you’ll be asked to send the item back. Your desired item will be sent to you (subjected to item availability) or you’ll be given the possibility to make a new purchase. You’ll also have a possibility to settle the difference in price in case you shall decide to go with something more expensive than your original purchase.

Refunds 

We will notify you once we’ve received and inspected your returned item, and let you know if you qualify for a refund or not. If your refund request is approved, you’ll be automatically refunded in your original payment method. Please remember it can take some time for your bank or credit card company to process the refund too.

 

SECTION 9 – OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

 

SECTION 10 – THIRD-PARTY LINKS 

Certain content, products 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, products, or services of third-parties. 

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 products should be directed to the third-party. 

 

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

SECTION 12 – PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy (link). 

 

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

SECTION 14 – PROHIBITED USES 

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. 

 

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

 

SECTION 16 – INDEMNIFICATION 

You agree to indemnify, defend and hold harmless us 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. 

 

SECTION 17 – SEVERABILITY 

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. 

 

SECTION 18 – TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

SECTION 19 – ENTIRE AGREEMENT 

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 us 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. 

 

SECTION 20 – GOVERNING LAW 

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 Malta. 

 

SECTION 21 – CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

SECTION 22 – CONTACT INFORMATION 

General questions about the Terms of Service should be sent to us at outreach@gabrielcaruanafoundation.org.  

 

Specific questions relating to the Catalogue Raisonne are to be sent to archives@gabrielcaruanafoundation.org. 

 

Specific questions relating to the Shop are to be sent to shop@gabrielcaruanafoundation.org.