These Terms of Use set out your rights and responsibilities should you wish to place an order for a product via the Services (the “Artwork”).
By placing an order, you agree to these Buyers’ Terms of Use, together with our site use terms and conditions and privacy policy located at https://business.artsmiley.com/privacy-policy.php and these terms shall form a legally-binding agreement with EART AND TECHNOLOGY FZCO (“ArtSmiley”).
You agree that ArtSmiley’s role is to: receive payment from you for Artwork; and facilitate delivery of the relevant Artwork to you Terms of Use.
We have no liability to you in relation to your order of the Artwork, except as expressly set out in these terms or as required by applicable law.
DELIVERY
Any order placed for Artwork will be fulfilled in accordance with the delivery date stated in your order. If ArtSmiley is unable to fulfill delivery of your Artwork, ArtSmiley will notify you and arrange for a refund of any applicable sums.
Delivery will be completed once the Artwork is delivered to the address you have provided.
All risk in the Artwork will pass to you on completion of delivery.
You will own the Artwork when all payments for the Artwork, including delivery charges, have been paid in full.
REFUNDS AND RETURNS
ArtSmiley offers a 14-day money back guarantee on any Artwork (less framing costs, and/or reasonable, shipping and delivery costs) from the date of delivery (“Return Period”), provided that
the Artwork is returned undamaged to ArtSmiley in the original packaging and any other materials provided at the time of delivery, and
and provide to us such information supporting your request for cancelation as we may reasonably require.
The Return Period shall terminate upon the earlier of
expiry of the 14-day period immediately following delivery,
your posting of a positive message of feedback in relation to the applicable Artwork on any page of the Services, or
indication, whether by means of tick-box or otherwise, that you have approved the applicable delivery of Artwork and/or that you waive your rights to refund.
You will be responsible for arranging the return shipping of any Artwork that you wish to return to ArtSmiley.
You are responsible for the integrity of any packages sent pursuant to a cancelled order and shall not under any circumstances place or permit to be placed any items in the sent package that were not in the originally-delivered package, and shall not do or permit to be done any act that may be in breach or any applicable laws or regulations.
You warrant that you will comply with all local and international shipping and customs regulations and applicable laws.
ArtSmiley shall use all reasonable endeavours to return the sums paid for the (less framing costs, and/or reasonable, shipping and delivery costs) within 30 days of notification of receipt from ArtSmiley that the Artwork has been received undamaged in the original packaging together with any other materials supplied.
You will be liable for any costs in returning the Artwork, except in the unlikely event that the Artwork is already damaged or defective at the time of delivery.
Where the Artwork is damaged or defective at the time of delivery, ArtSmiley shall be liable for the arranging and costs of returning the Artwork to ArtSmiley.
PAYMENT
An order will be successfully made once payment by you has been received by ArtSmiley.
All applicable fees and taxes, relating to the payment shall be borne by you.
ORDER CANCELLATION
You may cancel your order at any time before we arrange a courier to deliver the Artwork. Should you cancel the Artwork after a courier has been arranged and before the expiry of Return Period, you will be liable for the costs of the cancellation of the courier, including the return of the Artwork to ArtSmiley.
LIABILITY
To the fullest extent permitted by law, ArtSmiley makes no representations or warranties to you relating to the Artwork, the Services or otherwise.
ArtSmiley will not be liable for any loss (including but not limited to consequential loss) or claim that may occur as a consequence of late, lost or misdirected email or due to the Services (including its content) and/or the Artwork.