TERM OF USE

ARTICLE 1 – LEGAL INFORMATION

The website rudolfcuchkin.com is published and managed by Rudolf Cuchkin.

Email: hello@rudolfcuchkin.com

The website is hosted by Squarespace Ireland Limited, Squarespace House, Ship Street Great, Dublin 8, Ireland, D08 N12C.

ARTICLE 2 – ACCESS TO THE WEBSITE

The website provides Users with free access to the following services:

  • presentation and sale of original drawings and artworks;

  • the possibility, on an occasional basis, of commissioning personalised portraits, under the conditions specified in the Terms and Conditions of Sale.

Access to the website is free for any User with Internet access. All costs associated with such access, including computer equipment, software and Internet connection costs, are borne by the User.

ARTICLE 3 – PERSONAL DATA

Personal data collected through the website is processed by Rudolf Cuchkin, acting as data controller, solely for the purposes for which it was collected.

When subscribing to the Artist Letter, the following information may be collected: email address, selected language and, optionally, first name.

This data is used to manage subscriptions, personalise communications and send the Artist Letter. Processing is based on the subscriber’s consent, which may be withdrawn at any time, including through the unsubscribe link contained in emails.

Data necessary for the operation of this service may be processed by technical service providers used by the website, including Squarespace and Brevo and, where applicable, Zapier for automated data transfers between services.

Depending on their configuration, certain processing activities may involve transfers of personal data outside the European Economic Area. Where applicable, such transfers shall be subject to safeguards required under the GDPR.

Data relating to the Artist Letter is retained for as long as the individual remains subscribed. Following unsubscribe or withdrawal of consent, such data shall no longer be used to send the Artist Letter.

Information strictly necessary to honour an unsubscribe or objection request may be retained in order to prevent further communications.

In accordance with the General Data Protection Regulation (GDPR) and applicable French data-protection law, individuals have, subject to applicable conditions, rights of access, rectification, erasure, restriction and objection concerning their personal data, as well as a right to data portability where applicable.

Consent may be withdrawn at any time.

These rights may be exercised by contacting the publisher at the email address provided on the website.

Individuals also have the right to lodge a complaint with the French Data Protection Authority (CNIL).

For personal data collected in connection with purchases and orders, the Terms and Conditions of Sale specify the processing applicable to those transactions.

ARTICLE 4 – INTELLECTUAL PROPERTY

The texts, images, logos, sounds and all other content appearing on the website are protected by intellectual property law, including copyright.

Any reproduction, publication, distribution or modification, in whole or in part, is prohibited without the publisher’s prior authorisation.

Users undertake to use the website’s content solely for private purposes. Any commercial or advertising use is prohibited without prior authorisation.

Reproduction and use of artworks sold or offered for commission are governed by the Terms and Conditions of Sale, which specify the applicable rights and restrictions.

Any infringement of these rights may constitute copyright infringement punishable under Articles L335-2 et seq. of the French Intellectual Property Code.

ARTICLE 5 – LIABILITY

Information provided on the website is general and informational in nature.

Despite regular updates, the publisher cannot guarantee that all information will at all times be entirely accurate, complete or up to date.

Subject to applicable mandatory law, the publisher cannot be held liable for:

  • errors or omissions;

  • consequences resulting from the use or interpretation of information on the website;

  • viruses or computer damage that may occur while browsing the website.

The publisher shall not be liable where failure results from force majeure or an unforeseeable and unavoidable act of a third party.

ARTICLE 6 – HYPERLINKS

The website may contain links to third-party websites.

By following such links, the User leaves rudolfcuchkin.com. The publisher has no control over third-party websites and cannot be held responsible for their content.

ARTICLE 7 – COOKIES AND TRACKING TECHNOLOGIES

The website uses cookies and other tracking technologies necessary for its operation and, where applicable, technologies used for purposes such as audience measurement, security and improvement of the user experience.

Cookies and tracking technologies strictly necessary for operation of the website may be used without prior consent where an exemption applies under applicable law.

Other tracking technologies requiring consent shall only be stored or accessed after the User has made their choice.

On their first visit, Users may accept or refuse the relevant tracking technologies using the cookie-management tool displayed on the website.

Users may subsequently change or withdraw their preferences through that tool.

Refusal of non-essential tracking technologies does not prevent access to the website’s main functions.

ARTICLE 8 – USER-GENERATED CONTENT

Where the website allows Users to publish content such as reviews or comments, Users undertake to comply with applicable law and generally accepted standards of online conduct.

The publisher may moderate content and refuse publication where appropriate.

Users retain ownership of their rights in content they submit but grant the publisher a non-exclusive, royalty-free right to display, reproduce, adapt and distribute such content to the extent necessary for its publication and operation on the website, subject to applicable law.

Users warrant that their publications do not infringe third-party rights.

ARTICLE 9 – GOVERNING LAW, LANGUAGE AND JURISDICTION

These Terms of Use are governed by French law.

The original and authoritative version of these Terms is the French-language version. This English translation is provided for the convenience of international Users.

In the event of any discrepancy, inconsistency or dispute concerning the interpretation of the French and English versions, the French-language version shall prevail, subject to any mandatory rights or protections applicable under relevant law.

Any dispute that cannot be resolved amicably shall be submitted to the courts having jurisdiction under applicable law.

For any question concerning these Terms of Use, Users may contact the publisher using the contact details specified in Article 1.