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Terms of Use
Last Updated: 16th of August, 2024
Welcome to Wisegrove Art!
These Terms of Use (“Terms”) govern your access to and use of the [Your Shop Name] website (the “Site”) and services offered through the Site, including the purchase of products (“Products”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
1. General
1.1. Site Ownership: The Site is owned and operated by Oleksandr K. (“we,” “us,” “our”). Our primary business is the sale of prints and other products through the Site.
1.2. Service Provider: We use Gelato, a third-party printing and fulfillment service provider, to process and ship your orders. By placing an order through our Site, you acknowledge and agree that Gelato will process your order and that their terms of service, privacy policy, and other terms may apply to your purchase.
2. Eligibility
2.1. Age Requirement: You must be at least 18 years old to make a purchase on the Site. By placing an order, you represent and warrant that you are at least 18 years old and legally capable of entering into binding contracts.
2.2. Account Registration: To make a purchase, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
3. Orders and Payments
3.1. Order Acceptance: All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including errors in pricing or availability.
3.2. Pricing and Availability: All prices are displayed in local currencies and are subject to change without notice. We make every effort to ensure that the prices and availability of Products are accurate; however, errors may occur.
3.3. Payment: We accept payments via Stripe and Paypal. By submitting your payment information, you authorize us to charge the applicable fees to your selected payment method.
3.4. Taxes: You are responsible for any applicable taxes associated with your purchase. The total price will include applicable taxes, as required by law.
4. Shipping and Delivery
4.1. Processing Time: Orders are processed by Gelato within 2-5 business days after order confirmation.
4.2. Shipping: Gelato will ship the Products to the address you provide at checkout. Shipping times and costs vary depending on your location and the shipping method selected at checkout.
4.3. Risk of Loss: All Products purchased from the Site are made pursuant to a shipment contract. Risk of loss and title for such Products pass to you upon delivery of the Products to the carrier.
5. Returns and Refunds
5.1. Return Policy: Due to the custom nature of our Products, all sales are final. We do not accept returns or exchanges unless the Product arrives damaged or defective.
5.2. Damaged or Defective Products: If your Product arrives damaged or defective, please contact us within 14 days of receipt with a description of the issue and photos of the damage or defect. We will work with Gelato to replace the Product or issue a refund at our discretion.
6. Intellectual Property
6.1. Content Ownership: All content on the Site, including images, text, graphics, and logos, is the property of Oleksandr K. or its content suppliers and is protected by intellectual property laws.
6.2. License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial use. You may not reproduce, distribute, or create derivative works from any content on the Site without our prior written permission.
7. Disclaimer of Warranties
7.1. As-Is Basis: The Site and Products are provided “as is” and “as available,” without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2. Third-Party Services: We do not warrant the services provided by Gelato or any other third party, and we are not responsible for any issues arising from their services.
8. Limitation of Liability
8.1. Exclusion of Damages: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, even if we have been advised of the possibility of such damages.
8.2. Liability Cap: Our total liability to you for any claims arising out of or relating to these Terms or your use of the Site shall not exceed the amount you paid for the Products.
9. Indemnification
You agree to indemnify and hold harmless Wisegrove Art, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
11. Changes to the Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
12. Contact Information
If you have any questions about these Terms, please contact us.