Terms of service

ARTSMILEY DECOR TERMS AND CONDITIONS



  1. INTRODUCTION


These Terms and Conditions ("Terms") govern your purchase of artwork, décor products, and related services ("Artwork") via the ArtSmiley Decor platform operated by ART SMILEY ART GALLERY L.L.C ("ArtSmiley", "we", "us", or "our"). By placing an order, you ("Buyer", "you", or "your") agree to be bound by these Terms, our site terms of use, and our Privacy Policy available at https://artsmileydecor.com/privacy-policy. Together, these constitute a legally binding agreement between you and ArtSmiley.ArtSmiley’s role is limited to: (a) receiving payment on your behalf for the Artwork; and (b) facilitating delivery of the Artwork to you.

Except as expressly stated herein or required under applicable law, ArtSmiley disclaims any further liability in connection with your order or use of the Artwork.


  1. ORDER PLACEMENT AND ACCEPTANCE

Your order is considered accepted only upon confirmation by ArtSmiley and receipt of full payment. We reserve the right to refuse or cancel any order at our sole discretion.

  1. DELIVERY

Address and Delivery Instructions

Delivery of the Artwork shall be made to the delivery address specified by you at the time of placing the order ("Delivery Address"). It is your sole responsibility to ensure that the Delivery Address and any special delivery instructions provided to ArtSmiley are complete, accurate, and up-to-date. ArtSmiley shall not be liable for any delays, failed deliveries, or additional charges incurred as a result of incorrect or incomplete delivery information supplied by you.


Estimated Delivery Dates

Estimated delivery dates and timeframes shall be indicated in your order confirmation or otherwise communicated to you in writing. Such estimates are provided for indicative purposes only and shall not constitute a binding commitment or guarantee by ArtSmiley. ArtSmiley shall use commercially reasonable efforts to meet the estimated delivery schedule; however, delays may occur due to unforeseen circumstances, including but not limited to customs clearance procedures, force majeure events, carrier delays, or acts or omissions beyond ArtSmiley’s reasonable control.


Completion of Delivery and Transfer of Risk

Delivery shall be deemed successfully completed at the time the Artwork is physically handed over to you or to any person who reasonably appears to be authorized to accept delivery on your behalf at the Delivery Address ("Completion of Delivery"). Upon Completion of Delivery, all risk of loss, damage, theft, or destruction of the Artwork shall immediately transfer to you, irrespective of whether you or your representative have signed any delivery acknowledgment or receipt.


Transfer of Title and Ownership

Title to, and ownership of, the Artwork shall not pass to you until ArtSmiley has received full and final payment of all amounts due in cleared funds, including, without limitation, the purchase price, delivery charges, taxes, and any other applicable fees or charges. Until such time, ArtSmiley retains full legal and beneficial ownership of the Artwork, and you shall hold the Artwork as bailee and fiduciary agent for ArtSmiley.


Failure or Inability to Deliver

In the event that ArtSmiley is unable to deliver the Artwork as agreed due to circumstances within its control, ArtSmiley shall promptly notify you in writing and shall, at its sole discretion, either:

(a) arrange an alternative delivery date and/or method acceptable to both parties; or
(b) cancel the affected portion of your order and refund any amounts paid by you in respect of the undelivered Artwork within a commercially reasonable period, using the same payment method originally used unless otherwise agreed.

ArtSmiley shall not be liable for any indirect, consequential, or incidental losses or damages arising from delayed or failed delivery, including but not limited to loss of opportunity, loss of profits, or reputational harm.



Refusal or Failure to Accept Delivery


If you refuse or fail to accept delivery of the Artwork without justification, you shall bear all costs and expenses arising from such refusal or failure, including storage charges, additional handling fees, and re-delivery expenses. Furthermore, ArtSmiley reserves the right to treat the contract as repudiated, retain any advance payments as liquidated damages (to the extent permitted by applicable law), and/or resell the Artwork without further notice to you.


Inspection Upon Delivery

You are strongly encouraged to inspect the Artwork immediately upon delivery and to document any visible damage or discrepancies on the delivery receipt, if applicable. Any claims relating to damage or non-conformity must be made in accordance with Section 8 (Damage Claims & Insurance) of these Terms.

  1. REFUNDS AND RETURNS

Return Period and Conditions

ArtSmiley offers a fourteen (14) calendar day money-back guarantee from the date of delivery of the Artwork ("Return Period"), excluding any framing costs and reasonable shipping and delivery charges, provided that all of the following conditions are met:

(a) The Artwork is returned to ArtSmiley in its original, undamaged condition, with all accompanying packaging, certificates, and any ancillary materials as initially provided; and
(b) You provide all information, photographs, documents, and evidence as may be reasonably requested by ArtSmiley to verify the condition of the Artwork and to process the return in compliance with these Terms.

Termination of Return Rights

The Return Period shall automatically terminate and you shall lose any right to return or receive a refund upon the earliest occurrence of any of the following events:

(a) The expiration of the fourteen (14) calendar day period following delivery;
(b) Your posting or publication of a positive review, testimonial, or other feedback regarding the Artwork on any digital, print, or social media platform or through any other public communication channel; or

(c) Your explicit or implicit confirmation of acceptance of the Artwork, whether communicated via email, through electronic tick-box confirmation, or by any other affirmative means.


Return Shipping Responsibility

Except in cases where the Artwork is defective or damaged upon delivery (as determined in accordance with Section 8), you shall be solely responsible for arranging and bearing all costs and risks associated with the return shipment of the Artwork to ArtSmiley, including insurance coverage during transit.


Condition of Returned Artwork

You acknowledge and agree that you shall remain fully liable for the condition, integrity, and security of the Artwork until it is received and formally accepted by ArtSmiley. You undertake not to include any objects, materials, or items in the return shipment other than the original Artwork and any accompanying materials as initially delivered.


Compliance with Laws and Regulations

You represent and warrant that all returns shall be conducted in strict compliance with all applicable local, national, and international laws, regulations, and customs requirements, including but not limited to those governing the shipment, export, and import of artworks and cultural goods.


Refund Processing

Subject to ArtSmiley’s inspection and verification of the returned Artwork’s condition, ArtSmiley shall use commercially reasonable efforts to process and remit the applicable refund amount (excluding framing costs and shipping/delivery expenses) to you within thirty (30) calendar days from the date of confirmation of receipt of the returned Artwork. Refunds shall be issued to the original payment method unless otherwise agreed in writing.


Defective or Damaged Artwork

If the Artwork is determined by ArtSmiley to be defective or damaged upon delivery (as verified under Section 8), ArtSmiley shall bear all costs and expenses related to the return shipment and shall, at its sole discretion, either:

(a) issue a full refund of the purchase price paid (including original shipping charges); or
(b) arrange for the delivery of a replacement Artwork of equal value, subject to availability and your prior written consent.


  1. PAYMENT
    Payment Confirmation

Your order shall be deemed accepted and confirmed only upon ArtSmiley’s receipt of full and cleared payment of all applicable amounts due, including the purchase price, taxes, delivery charges, framing fees (if any), and any other associated costs ("Total Purchase Price").

Taxes and Charges

You are solely and exclusively responsible for all applicable taxes, duties, customs fees, levies, and other governmental assessments (collectively, "Taxes and Charges") imposed in connection with your purchase and delivery of the Artwork. ArtSmiley shall not be liable for any failure on your part to accurately determine or pay such Taxes and Charges.


Currency and Payment Methods

Accepted payment methods shall be as listed on ArtSmiley’s website at the time of order and may be updated from time to time at ArtSmiley’s sole discretion. ArtSmiley reserves the right to refuse or cancel any transaction suspected of fraud, misuse, or violation of applicable laws.


  1. PRODUCT DESCRIPTIONS AND CUSTOMIZATION

Accuracy of Descriptions

ArtSmiley endeavors to ensure that all product descriptions, specifications, images, and other content on its website and promotional materials are accurate and up-to-date. However, you acknowledge that minor variations in color, texture, grain, or finish may occur as a result of differences in natural materials, hand craftsmanship, and display settings. Such variations shall not be deemed defects or grounds for rejection or return.


Custom Artworks

Custom or bespoke Artworks, including sculptures and commissioned pieces tailored to your specifications ("Custom Artwork"), are strictly non-refundable and non-returnable once your order has been confirmed in writing or via electronic communication.


Accuracy of Specifications

You are solely responsible for providing complete, accurate, and precise specifications for any Custom Artwork, including but not limited to dimensions, color preferences, material selections, and design details. ArtSmiley shall not be liable for any dissatisfaction, discrepancies, or errors arising from inaccurate, incomplete, or ambiguous specifications provided by you.


Approval and Finality

Upon your written or electronic confirmation of Custom Artwork specifications, such approval shall be deemed final and binding. ArtSmiley shall not entertain requests for changes, cancellations, or refunds thereafter.


  1. SHIPPING AND INTERNATIONAL ORDERS

Global Shipping

ArtSmiley offers shipping services worldwide, subject to any restrictions imposed by applicable laws or carriers. You acknowledge that international shipments may be subject to additional Taxes and Charges, including customs duties, import taxes, and brokerage fees, which shall be your sole responsibility.


Customs Delays and Regulatory Compliance

ArtSmiley shall not be liable for delays, holds, inspections, or additional charges incurred due to customs clearance processes or other regulatory requirements. You are responsible for ensuring compliance with all import and customs laws and regulations applicable in your jurisdiction.


Refused or Returned Shipments

In the event a shipment is refused, returned, or otherwise undeliverable due to inaccurate, incomplete, or incorrect address details provided by you, or due to your failure to pay required Taxes and Charges, you shall bear all associated costs, including re-shipping fees, storage costs, and administrative expenses. ArtSmiley reserves the right to deduct such costs from any refund otherwise due to you or to invoice you directly.

  1. DAMAGE CLAIMS AND INSURANCE

Insurance Coverage

All Artworks shipped by ArtSmiley shall be insured during transit for their full declared value, as determined by ArtSmiley in its sole discretion. Insurance coverage shall cease upon Completion of Delivery as defined in Section 3.


Notification of Damage or Defects

You must inspect the Artwork immediately upon delivery and notify ArtSmiley in writing of any damage or defects within forty-eight (48) hours of receipt ("Inspection Period"), accompanied by clear photographic evidence and any other supporting documentation requested by ArtSmiley.


Consequences of Failure to Notify

Failure to notify ArtSmiley within the Inspection Period shall constitute your unconditional acceptance of the Artwork as received, and you shall waive any right to claim for refund, replacement, or repair on grounds of transit damage or defects.


Remedies for Damaged or Defective Artworks

Upon timely notification and verification of damage or defect, ArtSmiley shall, at its sole discretion, either (a) arrange for repair or restoration of the Artwork; (b) offer a replacement Artwork of equivalent value, subject to availability; or (c) provide a full refund of the purchase price and any original shipping charges. Return shipping costs for approved claims shall be borne by ArtSmiley.

  1. INTELLECTUAL PROPERTY RIGHTS

Ownership and Protection

All designs, images, graphics, content, and other intellectual property displayed on the ArtSmiley website or included in Artworks (collectively, "Intellectual Property") are the exclusive property of ArtSmiley or its licensors, including contributing artists, and are protected by applicable intellectual property laws.

Restrictions on Use

Purchase of an Artwork grants you ownership of the physical piece only and does not confer any rights to reproduce, distribute, publicly display, create derivative works from, or otherwise commercially exploit the Intellectual Property contained therein, unless expressly agreed upon in a separate written agreement signed by ArtSmiley.


  1. INSTALLATION SERVICES

Availability and Fees

ArtSmiley offers optional professional installation services for eligible Artworks within the United Arab Emirates ("UAE") upon request, subject to separate charges and scheduling availability. ArtSmiley shall extend the installation services to GCC and further in due time but provision of such services shall only be done after expressed confirmation from ArtSmiley. 

Third-Party Installations

If you elect to install the Artwork using your own means or a third-party provider not expressly approved or appointed by ArtSmiley, you do so entirely at your own risk. ArtSmiley shall have no liability whatsoever for any loss, damage, or injury arising from or related to such installation.


  1. ORDER CANCELLATION

Pre-Dispatch Cancellations

You may cancel your order by providing written notice to ArtSmiley at any time prior to dispatch of the Artwork, subject to ArtSmiley’s written confirmation.

Post-Dispatch or Late Cancellations

If cancellation occurs after dispatch or after a courier has been arranged but prior to expiry of the Return Period, you shall remain liable for all actual and reasonable costs incurred by ArtSmiley, including but not limited to shipping, handling, and courier cancellation fees. Such amounts may be deducted from any refund otherwise due.


  1. LIABILITY
    Disclaimer of Warranties

To the fullest extent permitted by applicable law, ArtSmiley expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, in relation to the Artwork and the Services.

Limitation of Liability

ArtSmiley shall not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of opportunity, or reputational harm, arising out of or in connection with your purchase or use of the Artwork or the Services, even if advised of the possibility of such damages. In no event shall ArtSmiley’s aggregate liability exceed the Total Purchase Price actually paid by you for the specific Artwork giving rise to the claim.

  1. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute, controversy, or claim arising out of or relating to these Terms, their interpretation, performance, or enforcement, shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.

CONTACT US

For any inquiries, complaints, or requests for assistance relating to these Terms, your order, or the Artwork, please contact:

Email: contactus@artsmileydecor.com