Terms and Conditions | Jakulaith S. Wolff

TERMS AND CONDITIONS

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OVERVIEW

This website is operated by the owner and artisan Jakulaith Sir'Musawi Wolff, and throughout the site, the terms "artist", "artisan", "him or he", “we and us” and “our” refer to this artisan, who offer this website including all information, features, products, tools and services available from this site to you, the user(s), conditioned upon your acceptance of all terms, conditions, policies and notices stated here on our website. By visiting our site and/ or purchasing 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, and these Terms of Service also apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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 Public Liability and Professional Indemnity in VICTORIA, AUSTRALIA.

CHANGES TO OUR TERMS AND CONDITIONS

Any new features, services 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 social platforms. It is your responsibility to check this page periodically for changes as your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By accessing or using any part of our site, you agree to be bound by these Terms of Service and a breach or violation of any of the Terms will also result in immediate termination of your Services, and by agreeing to these Terms of Service, you represent that you are a dependent user or you have given us your consent to allow any of your minor dependents to use this site:

SECTION 1 - COPYRIGHT AND ONLINE GALERIE STORE TERMS

It is ILLEGAL to sell, resell, duplicate, publicize and publish a copy of an artwork without prior permission from the artist as you agree NOT to reproduce or exploit any of our products including paintings and services including art commissions without written permission by the artist himself who is the copyright owner. You may not use our products for any illegal or unauthorized purpose such as reselling nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 - GENERAL CONDITIONS AND SECURITY POLICIES

We reserve the right to and may refuse service for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and therefor involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices; credit card information is always encrypted during transfer over networks.

*You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 3 - ACCURACY AND TIMELINES

We are not responsible if information made available on this site may not be accurate, complete or current as it is solely provided for reference only; any reliance on the material on this site is at your own risk; we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. 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 SERVICES AND PRICES

Prices for our products and services are subject to change without notice and we reserve the right at any time to modify or discontinue products or services (or any part or content thereof) without notice at any time, and will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.

SECTION 5 - PRODUCTS OR SERVICES

Our products and services are available exclusively online through this website otherwise negotiated in person with the artist and some may have limited quantities, therefor are NOT subject to return or exchange according to our Return Policy. We have made every effort to display as accurately as possible the colors and sizes in the images of our products that appear at the store but we cannot guarantee that your computer or device monitor's display of any color will be accurate, and we reserve the right to limit the quantities of any products or services that we offer.

We reserve the right but are not obligated to limit or make special sales outside the services we offer to any person, geographic region or jurisdiction, and we may exercise this right on a case-by-case basis.

All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of us; we may discontinue any product or service at any time, and any offer for any product or service made on this site.

SECTION 6 - RESELLING AND ACCURACY ACCOUNT INFORMATION

It is not tolerated if in our sole judgment an order or product may appear to be unlawfully placed or utilized by dealers, resellers or distributors, as we reserve the right to take lawful action or refuse any order placed in our sole discretion, or 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 provided at the time the order was made, as we reserve the right to limit or prohibit such orders.

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

SECTION 7 - RETURN AND REFUND POLICY

We understand that buying paintings online is convenient, but sometimes they may not match your expectations, therefor we do not exercise returns or refunds, and we do not cover any loss of products, however, in extreme or unlikely cases, a refund may be requested but we reserve our right to reject the request in the event that the artisan may not be satisfied (acting reasonably) with the request.

*Missing parcels or item(s) delivered claims are dealt with punctually by revising the weight of your package being calculated throughout the postage process; pictures of all going and incoming parcels may also be recorded to ensure fair trade.

For any other matters and concerns, thoughts and feedback, to initiate an amendment or if you think someone is reselling our items illegally, please don't hesitate to contact us.

SECTION 8 - USING THIRD-PARTY TOOLS

We may provide you with access to third-party tools such as PayPal upon payment on which we neither monitor nor have any control or input, and 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), as such new features and/or services shall also be subject to these Terms of Service.

*Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction, as complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions in any form digital or physical whether online, by email, by postal mail, or in person or otherwise, these are regarded collectively as 'comments'. With any comments that you forward to us or make in public, you agree that we may at any time and without restriction to edit, copy, publish, distribute, translate and otherwise use in any medium. We are under no obligation maintain any comments in confidence or to pay compensation for any comments, neither 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 or perpetrate any right including copyright, trademark, privacy, personality or other personal or proprietary right, and 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, otherwise 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 10 - PRIVACY POLICY AND PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy as follows:

SECTION 10-A - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the trade of buying and selling process, we collect the personal information you give us such as your name, address, phone number and email address. We may use your first name only or location to re-market information that you have recently purchased from our store such as sharing your feedback - unless you express you rather not show your name publicly. By downloading any digital material from our store, as part of the download process, we collect your email address, to which we may share promotional newsletter, for which you can unsubscribe anytime. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us deal or deter scammers and viruses from your browser and operating system.

SECTION 10-B - TEXT MARKETING

We are using a online text messaging platforms, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions. By entering your data in the checkout and initializing a purchase, subscribing via our subscription system, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase; this data may be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your data may be passed to a text messages operator to fulfill their delivery where necessary.

SECTION 10-C - CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to us collecting it and using it for that specific reason only and you consent to your first name and suburb such as being used to re-market your most recent purchase on our website.

If you want to withdraw your consent and you change your mind, you may withdraw your consent for us to contact you with the continued collection to a disclosure.

SECTION 10-D - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 10-E - PAYMENT

Your payment is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, etc; PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

SECTION 10-F - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors such as PayPal, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers; certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by our Privacy Policy or our website’s Terms of Service. Text messaging data and consent is confidential and will not be shared with any third parties.

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 10-G - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to try our best making sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed, but no method of transmission over the Internet or electronic storage is 100% secure; we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 11 - 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 12 - 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 approach such misconducts by blocking you or terminating your use of our services, website and social platforms and any related platforms or websites for violating any of the prohibited uses.

SECTION 13 - 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, neither do we 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 expressed 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 the artist or us, 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 (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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless the artist 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 15 - 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 16 - 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 want to use our services, including purchasing from us, and 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 accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - 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 18 - SHIPPING TERMS

We do our best to ship orders out the same day depending on your location, availability of stock, or other factors such as issues with our supplier or changes of the nature of the service, including external factors that may lead to some orders having to take longer than usual such as public holidays or Black Friday.

*Orders are generally shipped within the carriers of Australia Post and fees and charges will be covered by the customer. All orders placed must have the correct delivery details. If your order cannot be delivered due to an incorrect address or was delivered in the wrong address and it was or was not returned to sender, costumers are responsible for any charges resulting in this mistake. It is the costumer's responsibility in this case to immediately contact the postal service providers for information; we may help you find information about lost parcels however possible from our end but there is no guarantee we could find lost parcels in this circumstance.

All standard and express orders have the option for the order to sign for on delivery or authority to leave without a signature. If a customer selects authority to leave without a signature, the customer will also be liable if the item is stolen, lost or left in an unsafe place, we will not be liable for stolen or lost items if the customer has requested an authority to leave.

*International orders may be subject to import duties and taxes and are liable to be paid by the customer.

SECTION 19 - DISCOUNTS AND UPSELL BUNDLES

Any discount code cannot be applied to previously placed orders. Discount codes are not transferable or redeemable for cash or credit. Only one discount code is permitted per order. If a code is applied incorrectly, we cannot refund the discounted amount once an order has processed. A discounted upsell bundle is considered a discount and will be considered as a discount.

We and the artist reserve the right to decline or cancel any such orders that have had multiple discounts applied or do not meet these discount terms and conditions. We actively monitor the misuse of discount codes if we think there is or has been a misuse of a discount code in any way (e.g. selling it or sharing it with others), we reserve the right to cancel your discount code and/or suspend or even close your account without telling you. We don’t like to do this, but if a discount code can’t run properly because someone or something is spoiling the fun for everyone – e.g. fraud, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the discount code – we can cancel, modify or suspend the discount code. Orders purchased outside of the advertised time frame set out by us will not be eligible for the discounted price.

*Please note that during a sale or promotional period, orders may not be cancelled, amended or changed in anyway.

SECTION 20 - PROMOTIONS

We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price or free of charge. All promotions are subject to availability and while stocks last. Any products purchased outside of the advertised time frame set out by us will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on our platforms.

SECTION 21 - ART COMMISSIONS ORDERS

By using our commissions service, you agree to pay an initial fee at the rate provided at the time you agree with the artist to start a project, and you agree to pay the remaining charges. Once you're happy with the outcome of your project and you confirm the delivery of the product, the remaining payment must be finalized for your special jewellery to be sent out as soon as the payment is successful. Please note that in the event of changing your mind, the initial deposit for the commencement of the commission cannot be refunded.

SECTION 22 - AMENDING, CANCELLING OR CHANGING ORDERS

Any changes or amendments of your order after payment must be requested as soon as possible after placing your order.

*Please note that during a sale or promotional period, orders may not be cancelled, amended or changed in any way.