Terms & Conditions

Overview
This website is operated by GGrazArtist.
Throughout the site, the terms 'GGrazArtist', 'we', 'our', 'us', 'the Artist' refer to Giuseppina Graziano.

Acceptance of Terms and Conditions
These Terms and Conditions ('Terms of Service', 'Terms') govern your access to and use of our 'Service', including purchasing original abstract artwork through our website or other sales channels.

By visiting or using any part of our website, interacting with our services, and placing an order, you agree to these Terms, including those 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. Please read these Terms carefully before accessing or using our website.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We reserve the right to update, change, or replace any part of these Terms and Conditions 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, content, or tools which are added to the current store shall also be subject to these Terms and Conditions.

Our store is hosted on Shopify Inc., who provide us with the online e-commerce platform that allows us to sell our products and services to you.

General Provisions
We reserve the right to refuse service to anyone, for any reason, at any time.

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.

You agree to use this website and our services only for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of this website by any third party.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Any breach or violation of these Terms and Conditions will result in the immediate termination of your access to the website and our services, without notice, and may give rise to legal action where appropriate.

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 terminate your use of the Service or any related website for violating any of the prohibited uses.

Use of Website and Online Store
By agreeing to these Terms and Conditions ('Terms of Service', 'Terms'), you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or 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.

Products and Services (if applicable)
GGrazArtist is a provider of original abstract paintings created by Giuseppina Graziano ('The Artist'). Each piece is a unique work of art, and availability is limited to one-of-a-kind originals unless stated otherwise (e.g., prints).

Each artwork is signed by the Artist, and a Certificate of Authenticity is provided for each purchased artwork to guarantee its originality and authorship.

All artwork dimensions are listed in centimetres (cm) and are provided as Height x Width (H x W). Measurements refer to the unframed size of the artwork unless otherwise specified.

If an artwork is framed, this will be clearly indicated, and the stated dimensions will include the frame. Giuseppina Graziano is not liable for minor size discrepancies.

All paintings are shipped as 'ready to hang' and come mounted on stretcher bars, fitted with flush D-rings and substantial hanging wire.

All images displayed on this website are intended to be as accurate and illustrative of the original artwork as possible. However, please note that colours may vary slightly due to differences in lighting during photography and individual screen settings. As a result, the colours you see on your screen may not perfectly reflect the colours of the physical artwork.

All sales are final. Please carefully check that the chosen artwork with its colour, style, and dimensions will suit the intended location prior to purchase, as we do not refund for change of mind or incorrect size choice.

Once an order is placed and paid for, this shall be considered final, and no variations are possible thereafter.

Our promotional periods are final. No credits can be extended nor applied should your purchase fall outside the stated promotional period(s).

Promotional codes or vouchers cannot be cumulatively added on a single purchase. Only one promotional code or voucher can be applied per transaction where available.

Credit will not be applied, nor a refund offered after purchase, if you have not redeemed any credit, voucher, code, or otherwise at the checkout/point of purchase.

Administrative fees will apply to any changes that may need to be made to your order for any error made in selection, changes to delivery address and/or any special requests made after purchase.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Modification to the Service and Prices
We strive to ensure that our products are described as accurately as possible on our website; however, where we become aware of any misdescription, we reserve the right to correct any error or omission at any time without prior notice.

All descriptions of products and/or 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. Any offer for any product or service made on this site is void where prohibited.

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.

Accuracy, Completion and Timeliness of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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 and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more detail, please review our Shipping and Returns Policy.

User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) 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 any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You 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, 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.

Personal Information
We respect your privacy. Any personal information you submit through this website is managed in accordance with our Privacy Policy.

Intellectual Property
All artwork and content on this site, including but not limited to images, text, branding, logos, copyrights, trademarks, trade names, and patents, are and remain the exclusive intellectual property of Giuseppina Graziano.

Users may not reproduce, distribute, or make available to third parties any products, services, or site content for commercial purposes without the prior written consent of the Artist.

Any permitted use of Giuseppina Graziano’s intellectual property by users is subject to prior written consent and must comply with any conditions imposed by the Artist.

We reserve the exclusive right to reproduce our products in print, digital, or product form at the sole discretion of the Artist.

Disclaimer of Warranties
We do not warrant that the website or its content will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Your use of the website and services is at your sole risk.

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.

To the fullest extent permitted by law, GGrazArtist and its affiliates, directors, employees, agents, and suppliers provide the website, products, and services “as is” and “as available,” without any warranties or representations of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, completeness, or non-infringement.

Limitation of Liability
In no event shall GGrazArtist be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use or inability to use the website, products, or services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.

Some states or jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

Indemnification
You agree to indemnify, defend, and hold harmless GGrazArtist, including its affiliates, officers, directors, employees, agents, and licensors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of or inability to use the website, products, or services;
Any violation by you of these Terms and Conditions;
Any infringement or violation of the intellectual property rights or other rights of any third party;
Any content, information, or materials you submit, post, or transmit through the website;
Any breach by you of applicable laws, rules, or regulations.

This indemnification obligation shall survive the termination or expiration of your use of the website and services.

Severability
In the event that any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.

Privacy Policy

We respect your privacy. Any personal information collected will only be used for order processing, communication, and our internal record-keeping.

Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia/Victoria, without regard to conflict of law principles.

Change to Terms
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information
Questions about the Terms and Conditions should be sent to us at info@ggrazartist.com.au