Terms and Conditions
Terms and Conditions for www.onlinearthub.com
1. Introduction
This document outlines the terms and conditions governing the use of the website www.onlinearthub.com (hereinafter referred to as “the Website”) and the purchase of handmade artwork offered for sale on the Website. By accessing the Website, browsing its content, or making a purchase, users acknowledge that they have read, understood, and agreed to be legally bound by these Terms and Conditions. This agreement constitutes a legally binding contract between the user and the owner of the Website. It is imperative that all users carefully review these terms prior to engaging with the Website in any manner.
2. Acceptance of Terms
By accessing or using the Website, users unequivocally agree to be bound by these Terms and Conditions in their entirety. This agreement applies to all visitors, users, and others who access or use the Website. Users are advised to thoroughly read and understand these Terms and Conditions before proceeding with any interaction on the Website. If a user does not agree with any part of these terms, they must refrain from using the Website. Continued use of the Website following the posting of any changes to these Terms and Conditions signifies the user’s acceptance of those changes.
3. Website Usage and User Accounts
3.1 User Eligibility and Responsibilities:
The Website is intended for users who have reached the legal age of majority in their respective jurisdiction . By agreeing to these Terms and Conditions, users represent that they are of the legal age of majority and possess the legal capacity to enter into binding contracts. When registering an account or making a purchase on the Website, users are responsible for providing accurate, complete, and current personal information . This includes, but is not limited to, their name, email address, shipping address, and payment details. Users are solely responsible for maintaining the confidentiality of their account credentials, including their username and password . Any activity occurring under a user’s account is their responsibility. It is important to note that the accuracy of the information provided directly impacts the ability to fulfill orders, process payments, and ensure effective communication.
3.2 Account Creation, Security, and Termination:
Users may have the option to create an account on the Website to enhance their shopping experience. The account creation process will typically involve providing an email address and creating a secure password. Users are urged to choose strong, unique passwords and to take precautions to prevent unauthorized access to their accounts. This includes not sharing their login credentials with others and logging out of their account after each session, especially when using a shared device. The Website owner reserves the right to suspend or terminate user accounts at their sole discretion, without prior notice, for any reason, including but not limited to a violation of these Terms and Conditions or any activity deemed harmful to the Website or its users . This measure is in place to protect the integrity of the platform and the interests of all users.
4. Prohibited Activities
Users are strictly prohibited from engaging in any of the following activities while using the Website :
Using the Website for any purpose that is unlawful, illegal, or prohibited by these Terms and Conditions or any applicable laws or regulations.
Infringing upon the intellectual property rights of the Website owner, artists whose work is displayed on the Website, or any third party. This includes unauthorized copying, reproduction, distribution, modification, or creation of derivative works.
Transmitting any viruses, worms, malware, Trojan horses, or any other code of a destructive nature that may harm the Website, its users, or their devices.
Attempting to gain unauthorized access to any portion of the Website, user accounts, computer systems, or networks connected to the Website.
Engaging in any form of spamming, phishing, or other deceptive or fraudulent practices, including impersonating others or providing false information.
Posting, uploading, or transmitting any content that is offensive, defamatory, libelous, obscene, indecent, threatening, harassing, hateful, discriminatory, or otherwise inappropriate.
Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website, its content, or the artwork displayed without the express written permission of the Website owner.
Reverse engineering, decompiling, disassembling, or attempting to discover the source code of the Website or any part thereof.
Interfering with the proper functioning of the Website or disrupting the experience of other users, including any actions that may overload, damage, or impair the Website’s infrastructure.
Using any automated means, including bots, spiders, or scrapers, to access, monitor, or copy any content from the Website without the Website owner’s explicit consent.
Harassing, bullying, stalking, or otherwise violating the legal rights of other users of the Website.
Misrepresenting one’s identity, age, or affiliation with any person or entity.
Violating any community guidelines, rules, or policies that may be posted on the Website from time to time.
Engaging in any of these prohibited activities may result in the immediate suspension or termination of the user’s account and may subject the user to legal action. The Website owner reserves the right to monitor user activity on the Website and to take appropriate action in response to any violations of these terms.
5. Terms of Sale
5.1 Order Placement Process and Confirmation:
Customers can place an order for artwork displayed on the Website by following the on-screen prompts and instructions . The process typically involves selecting the desired artwork, adding it to the shopping cart, and proceeding to the checkout page. During checkout, customers will be required to provide shipping and payment information. By submitting an order, the customer makes an offer to purchase the selected artwork under these Terms and Conditions . After an order is placed, the customer will receive an order confirmation email acknowledging receipt of the order . This email confirms the details of the order but does not constitute acceptance of the offer. The Website owner reserves the right to accept or reject an order for any reason, including but not limited to the unavailability of the artwork, issues with payment authorization, or suspicion of fraudulent activity . A legally binding contract for the sale of artwork is formed only when the Website owner accepts the order, which typically occurs when a shipping confirmation email is sent to the customer .
5.2 Pricing and Payment Methods:
The price for each artwork will be as displayed on the Website at the time the order is placed, unless explicitly stated otherwise . All prices are listed in the currency specified on the Website and may or may not include applicable taxes, such as Value Added Tax (VAT), which will be clearly indicated where applicable . Prices for artwork are subject to change at any time without prior notice . The Website accepts various forms of payment, which will be listed on the checkout page. Accepted payment methods may include major credit cards, debit cards, and online payment platforms such as PayPal . By providing payment information, the customer represents and warrants that they are authorized to use the chosen payment method . In the event of a pricing error on the Website, the Website owner reserves the right to refuse or cancel any orders placed for artwork listed at the incorrect price, regardless of whether the order has been confirmed or payment has been processed . If payment has already been processed for a cancelled order due to a pricing error, the Website owner will issue a refund to the customer’s original payment method.
5.3 Order Acceptance and Cancellation Policies:
The Website owner’s acceptance of a customer’s order is typically communicated through a shipping confirmation email, which signifies that the artwork has been prepared for shipment . Customers may have the option to cancel their order under certain conditions, typically before the order has been shipped . The specific timeframe for cancellation may vary and will be outlined in the Website’s policies. However, orders for custom-made or personalized artwork may not be eligible for cancellation once production has commenced . The Website owner reserves the right to cancel an order at any time for various reasons, including but not limited to the unavailability of the artwork, suspicion of fraudulent activity, or other unforeseen circumstances . In the event of an order cancellation by either the customer (if permitted) or the Website owner, any payments processed for the order will be refunded to the customer using the original payment method . The specific timeframe for refund processing will be outlined in the Website’s refund policy.
6. Shipping, Delivery, and Handling
6.1 Shipping Methods and Costs:
The Website offers various shipping methods for the delivery of purchased artwork, and the available options will be presented to the customer during the checkout process . The shipping carriers used may vary depending on the destination and the selected shipping method. Shipping costs are calculated based on factors such as the weight and dimensions of the artwork, the shipping destination, and the chosen shipping method . The applicable shipping costs will be clearly displayed to the customer during checkout before the order is finalized. The Website may offer international shipping to select destinations. Customers are responsible for any customs duties, import taxes, or other fees that may be levied by the destination country upon delivery . Handling fees, if applicable, to cover the costs of order processing and packaging, will also be clearly indicated during checkout .
Note: Delivery times are estimates and may vary based on location and other factors.
6.2 Delivery Timelines and Potential Delays:
The Website provides estimated delivery timelines for the various shipping methods and destinations offered . These timelines are provided as a general guide and are not guaranteed delivery dates, as actual delivery times can be influenced by factors beyond the Website owner’s control, such as carrier delays, weather conditions, customs processing, and other unforeseen circumstances . While the Website owner will make reasonable efforts to ensure timely delivery, they shall not be liable for any delays in shipping. In the event of a significant delay in the delivery of an order, the Website owner will make reasonable efforts to notify the customer and provide updates on the shipment status .
6.3 Handling Procedures for Artwork:
The Website owner takes great care in packaging and handling the artwork to ensure its safe arrival to the customer . Artwork is typically packaged securely using appropriate materials to protect it during transit. The risk of loss or damage to the artwork during shipping generally passes to the buyer upon delivery of the artwork to the designated shipping address . Upon receiving the artwork, customers are advised to carefully inspect the packaging for any signs of damage before opening it. If the artwork appears to be damaged upon arrival, the customer should immediately report the damage to the shipping carrier and contact the Website owner with photographic evidence of the damage to both the packaging and the artwork. This will facilitate the process of resolving any shipping-related issues.
7. Returns, Exchanges, and Refunds
7.1 Conditions for Returns and Exchanges:
Given the unique nature of handmade artwork, the Website generally does not accept returns or exchanges, except in cases where the artwork is damaged upon arrival or under special circumstances determined by the Website owner . Customers must notify the Website owner of any damage within a specified timeframe, typically within 7 days of receiving the artwork, and provide photographic evidence of the damage to both the packaging and the artwork . The Website owner reserves the right to assess each return or exchange request on a case-by-case basis. Certain items, such as personalized or custom-made artwork, are not eligible for return or exchange unless they are damaged upon arrival .
The approach to return policies for original art can vary. Some online art businesses offer a fully refundable return policy, while others may opt for a partial refund with a restocking fee or a stricter policy like final sale with no refunds . The specific policy adopted by this Website is generally no returns unless the product is damaged or in special cases.
7.2 Refund Policy and Process:
If a return is approved due to damage or a special circumstance, the refund process will be initiated upon the Website owner’s receipt and inspection of the returned artwork . Refunds will typically be issued to the original payment method used for the purchase. The timeframe for processing refunds may vary, but it is usually completed within a specified number of business days after the returned artwork is received . Shipping costs are generally non-refundable unless the return is due to damage caused by the Website owner or the shipping carrier.
7.3 Specific Considerations for Handmade Art:
Customers should be aware that slight variations in color, size, and design may occur compared to the images displayed on the Website . These variations are inherent to the handcrafted process and are considered part of the artwork’s unique character and charm, rather than defects. While the Website owner makes every effort to accurately represent the artwork through high-quality images and detailed descriptions, the actual colors of the artwork may appear differently depending on the user’s monitor settings and other technical factors . Returns based solely on minor variations will not be accepted. A detailed description accompanying each artwork will highlight any unique characteristics or potential variations.
8. Intellectual Property Rights
8.1 Ownership of Artwork Copyrights:
The copyright and all other intellectual property rights in the handmade artwork displayed and offered for sale on the Website are owned by the respective artists or the Website owner, as applicable . The purchase of artwork from the Website grants the buyer ownership of the physical artwork only and does not transfer any copyright, reproduction rights, or other intellectual property rights to the buyer, unless explicitly stated in a separate written agreement between the artist or Website owner and the buyer . All rights are reserved by the copyright holder.
8.2 Restrictions on Reproduction and Distribution:
Users are strictly prohibited from reproducing, distributing, modifying, creating derivative works, publicly displaying, or otherwise using the artwork purchased from the Website for any commercial purposes without obtaining the express written permission of the copyright holder . The artwork is intended for personal enjoyment and display only. Any unauthorized reproduction or use of the artwork may constitute copyright infringement and subject the user to legal penalties .
8.3 Protection of Website Content and Trademarks:
All content on the Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, digital downloads, data compilations, and software, is the property of the Website owner or its licensors and is protected by copyright, trademark, and other intellectual property laws . The trademarks, service marks, and trade names used on the Website are proprietary to the Website owner or their respective owners and may not be used, copied, or imitated, in whole or in part, without the prior written consent of the Website owner . Users are granted a limited, non-exclusive, and revocable license to access and use the Website for personal, non-commercial purposes only. Any other use of the Website content or trademarks is strictly prohibited without the express written permission of the Website owner.
9. Disclaimer of Warranties
The Website and all artwork offered for sale are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied . To the fullest extent permissible under applicable law, the Website owner disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement . The Website owner does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components . Due to the handmade nature of the artwork, the Website owner does not warrant that the artwork will be perfectly uniform or free of minor variations or imperfections, which are inherent characteristics of handmade items . Furthermore, the Website owner does not warrant that the colors of the artwork displayed on the Website will accurately reflect the actual colors of the artwork due to variations in monitor settings and photography . The use of the Website and the purchase of artwork are at the user’s sole risk.
10. Limitation of Liability
To the maximum extent permitted by applicable law, the Website owner, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with the user’s access to or use of the Website, the user’s inability to access or use the Website, any conduct or content of any third party on the Website, or the purchase or use of any artwork obtained from the Website . In no event shall the total aggregate liability of the Website owner to the user for all claims arising out of or relating to these Terms and Conditions or the use of the Website exceed the amount paid by the user to the Website owner for the specific artwork in question . This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if the Website owner has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to users in those jurisdictions. However, in such cases, the Website owner’s liability will be limited to the fullest extent permitted by law.
11. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of . Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or validity thereof, shall be initially attempted to be resolved through good faith negotiations. If such negotiations fail, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in . Alternatively, the parties may agree to resolve the dispute through binding arbitration in in accordance with the rules of . The decision of the arbitrator shall be final and binding upon both parties. Given the nature of online transactions and the potential for customers from various locations, the parties may also consider resolving disputes through online dispute resolution (ODR) mechanisms, which can offer a more efficient and cost-effective alternative to traditional litigation, especially for cross-border transactions .
12. Contact Information
For any questions, concerns, or inquiries regarding these Terms and Conditions or the Website, please contact us at: Email: contact@onlinearthub.com
The preferred method of contact for customer support inquiries is email at Email: contact@onlinearthub.com
13. General Provisions
13.1 Severability: If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable for any reason, such provision shall be struck from these Terms and Conditions, and the remaining provisions shall continue in full force and effect to the extent permitted by law .
13.2 Entire Agreement: These Terms and Conditions constitute the entire agreement between the user and the Website owner with respect to the use of the Website and the purchase of artwork, and supersede all prior or contemporaneous communications and proposals, whether oral or written .
13.3 Amendment Clause: The Website owner reserves the right to update, modify, or revise these Terms and Conditions at any time without prior notice. Any changes to these Terms and Conditions will be effective immediately upon being posted on the Website. The user’s continued use of the Website following the posting of any changes constitutes acceptance of those changes . Users are responsible for regularly reviewing these Terms and Conditions to stay informed of any updates.
13.4 Waiver: The failure of the Website owner to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision . Any waiver of any provision of these Terms and Conditions will be effective only if it is in writing and signed by the Website owner.
14. Conclusion
These Terms and Conditions are essential for establishing a clear understanding between www.onlinearthub.com and its users. They outline the rules for website usage, the terms governing the sale of handmade artwork, and address crucial legal aspects. By adhering to these terms, both the Website owner and the users can engage in a transparent and mutually respectful online environment. It is recommended that users periodically review this document for any updates or modifications.
