Terms of Service
These Terms of Service (“Terms”) govern your use of the Elakiya Fine Art website, located at elakiya.art, and any related services provided by Elakiya Fine Art (“we,” “us,” or “our”). By accessing or using our website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website.
1. Use of Our Website
Elakiya Fine Art offers this website, 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. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, including any 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.
You agree to use our website in accordance with these Terms and all applicable laws. You are prohibited from:
- Using our website for any illegal or unauthorized purpose.
- Violating any laws in your jurisdiction (including but not limited to copyright laws).
- Attempting to gain unauthorized access to our website, server, or any connected database.
- Transmitting any worms, 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.
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.
2. Accounts and Registration
To access certain features of our website, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain the security and confidentiality of your account credentials.
- Notify us immediately of any unauthorized use of your account.
3. Orders and Payments
When you place an order through our website, you agree to provide current, complete, and accurate purchase and account information. We reserve the right to refuse or cancel any order for any reason, including availability, errors in the description or price of the product, or other issues.
4. Shipping and Delivery
We partner with third-party shipping companies to deliver your orders. Delivery times may vary depending on your location and the availability of products. We are not responsible for delays caused by shipping companies or other external factors.
5. Returns and Refunds
Our return and refund policy is outlined in a separate document, which is available on our website. By making a purchase, you agree to the terms of our return and refund policy.
6. Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of Elakiya Fine Art or our licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from our website without our prior written permission.
If you purchase a print or original painting, you are paying for the physical product to own and enjoy. While you own the artwork, you do not own the copyright to it. Purchased artworks may not be reproduced, duplicated, copied, sold, or otherwise exploited for any purpose, unless specifically authorized by law or in writing by Elakiya Fine Art. The copyright remains with Elakiya Fine Art unless it is specifically transferred to the buyer. The buyer does not automatically acquire the right to reproduce a painting as prints, cards, posters, on clothing, etc., when they purchase a painting; The buyer is acquiring the right to own and enjoy the item but not the right to reproduce it.
7. Limitation of Liability
To the fullest extent permitted by law, Elakiya Fine Art shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use our website.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from our website.
8. Indemnification
You agree to indemnify and hold Elakiya Fine Art harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of our website, your violation of these Terms, or your violation of any rights of another.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
10. Changes to These Terms
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. Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
11. 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.
12. Contact Us
If you have any questions about these Terms, please contact us at:
Email: shop@elakiya.art