Terms of service

Overview

Welcome to Gini Art ! The terms "we", "us" and "our" refer to Gini Art . Gini Art operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Gini Art is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on where Gini Art is located, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our privacy policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and account

By agreeing to these Terms of Service, you represent that you are at least 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 the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

3. Orders

When you place an order with Gini Art, you are making an offer to purchase the products selected at the prices displayed at checkout. All orders are subject to product availability and payment confirmation.Gini Art sells ready-made decorative figurines, ornaments and gifts. We welcome orders from individual customers and businesses, including retailers purchasing products for resale.After placing an order, you will receive an order confirmation by email. We reserve the right to decline or cancel an order if a product is unavailable, payment cannot be processed, or an error has occurred. If payment has already been collected, a full refund will be issued.Please check your order details carefully before completing your purchase. If you need to change or cancel an order, contact us as soon as possible at info@giniart.com.Customers may request cancellation before an order has been fulfilled. Returns, exchanges and refunds are handled in accordance with our Return and Refund Policy.Nothing in these terms affects your statutory rights under applicable consumer protection laws.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (1) you are authorized to use the payment method you provide, (2) that the information you provide for such payment method is true, correct and complete, (3) charges incurred by you will be honored by the provider of your payment method, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

5. Shipping and delivery

Gini Art offers free standard delivery on all orders within the United Kingdom. Our estimated standard delivery time is 3 to 5 business days, although delivery times may vary depending on the destination and courier service.We primarily use Evri for deliveries within the United Kingdom. We reserve the right to use an alternative courier service when necessary.If international shipping is available, applicable shipping charges and estimated delivery times will be displayed at checkout before payment.We take care to package our products securely to help prevent damage during transit.We remain responsible for your order until it has been delivered to you or a person you have authorised to receive it, except where applicable law provides otherwise.If your order arrives damaged, is lost during delivery, or does not arrive within the required timeframe, please contact us at info@giniart.com. We will investigate the issue and arrange an appropriate replacement or refund in accordance with your legal rights.Delivery estimates are not guaranteed unless a specific delivery date has been expressly agreed. We will make reasonable efforts to inform you of significant delays.Nothing in this section affects your statutory rights under applicable consumer protection laws.

6. Intellectual property

Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video, and audio are owned by Gini Art , its affiliates or licensors and are protected by U.S. and foreign trademark, copyright and other intellectual property laws. Similarly, the product listings are managed and owned by Gini Art . The purchase or delivery of any product does not grant or confer any intellectual property rights, including any patent, copyright, trademark, or other proprietary right, in or to the product, its design, software, or underlying technology. All such rights remain exclusively with Gini Art or the original rights holder. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms of Service grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Gini Art , Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by Gini Art . Gini Art 's names, logos, product and service names, designs, and slogans are trademarks of Gini Art or its affiliates or licensors. You must not use such trademarks without the prior written permission of Gini Art . Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7. Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

9. Relationship with Shopify

Gini Art uses Shopify to operate our online store and provide customers with a secure shopping experience.When you purchase products from our store, your sales contract is directly with Gini Art, not Shopify.Gini Art is responsible for processing orders, arranging deliveries, handling customer enquiries, returns and refunds in accordance with applicable law.Shopify provides the technology supporting our online store and may process information necessary to operate its services.Nothing in this section excludes or limits any legal rights or remedies you may have against Gini Art, Shopify or any other party where such rights or remedies cannot lawfully be excluded.

10. Privacy policy

Our privacy policy explains how we may collect, use, and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read this privacy policy. Because the Services are hosted by Shopify, as you browse and interact with the Services, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transaction. Shopify may use this information for purposes including but not limited to providing, securing, and improving the Services; processing transactions; and helping prevent fraud on this website and on other websites that are powered by Shopify. Information collected when you visit or use the Services, including information collected automatically about your browsing activity, will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy and Shopify’s privacy policy for more details on how we, Shopify, and our partners use your personal information.

11. Feedback

We welcome customer feedback, product reviews, suggestions and comments about Gini Art and our products.Customers are encouraged to share their honest experiences, whether positive or negative. We value all genuine feedback and use it to improve our products and customer service.By submitting a review or comment for publication on our website, you give Gini Art permission to display that feedback. You retain ownership of your original content.We will not use customer photographs or other original creative content in advertising without obtaining appropriate permission.Feedback must be genuine and must not contain unlawful, threatening, abusive, discriminatory or misleading content, spam, or material that infringes another person’s rights.We may moderate or remove content that violates these requirements. We will not remove genuine negative reviews simply because they express dissatisfaction with our products or services.We do not permit fake reviews or reviews that conceal incentives. Where reviews are incentivised, this must be clearly disclosed.Customers may contact us at info@giniart.com with questions or concerns about their feedback.Nothing in this section limits your statutory rights under applicable consumer protection or data protection laws.

12. Errors, inaccuracies and omissions

Occasionally there may be information on or in the Services that contain 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 errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order is submitted. If we cancel an order after payment has been collected, we will issue any refund required by applicable law.

13. Prohibited uses

You may use the Gini Art website and services only for lawful purposes and in accordance with these Terms of Service.

You must not:

Use our website for fraudulent, illegal or misleading activities.
Violate any applicable laws or regulations.
Infringe the intellectual property rights, privacy or other legal rights of Gini Art or any third party.
Upload or transmit viruses, malicious software or any other harmful material.
Attempt to gain unauthorised access to our website, customer accounts or security systems.
Interfere with the normal operation, security or functionality of our website.
Submit false information, fraudulent orders, fake reviews or misleading content.
Harass, threaten, abuse or discriminate against other users or individuals.
Use automated systems or software in ways that damage, disrupt or compromise our website.

Gini Art reserves the right to restrict or suspend access to our website where there is a legitimate reason, such as fraud, unlawful activity, security concerns or a serious violation of these Terms.Any restriction or suspension will be handled in accordance with Section 15 (Termination) of these Terms of Service.Nothing in this section prevents customers from exercising their lawful rights, including making complaints, leaving honest reviews, requesting refunds or exercising statutory consumer rights.

14. Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (a) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (b) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (i) mimicking human behavior and interaction patterns, or (ii) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (c) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (d) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

15. Termination

Gini Art reserves the right to suspend or restrict access to our website or services where there is a legitimate reason to do so, including fraudulent activity, unlawful behaviour, security concerns or a serious breach of these Terms of Service.Where reasonably possible, we will provide notice and an explanation before taking such action. Immediate action may be necessary to protect our customers, business or website security.Suspension or termination of website access will not affect any existing customer orders, refunds or other contractual obligations that must be fulfilled under applicable law.Customers remain responsible for any outstanding payments that are lawfully due.Any provisions of these Terms that are intended to remain applicable after termination will continue to apply, provided they are lawful and enforceable. Nothing in this section excludes or limits your statutory consumer rights.

16. Disclaimer of warranties

Gini Art takes reasonable care to ensure that all product descriptions, photographs and information provided on our website are accurate.Our 3D-printed figurines are decorative products. Minor variations in surface texture or finish may occur as part of the manufacturing process, provided these are consistent with the product description.We make reasonable efforts to keep our website functioning correctly, but we cannot guarantee uninterrupted access or that the website will always be free from technical errors.All products sold by Gini Art must be of satisfactory quality, fit for their intended purpose and as described.Nothing in these Terms excludes or limits your statutory rights under the Consumer Rights Act 2015 or any other applicable consumer protection legislation.We remain responsible for faulty, damaged or incorrectly described products and will provide appropriate refunds, replacements or other remedies in accordance with applicable law.

17. Limitation of liability

Gini Art is responsible for any loss or damage that is a foreseeable result of our breach of these Terms or our failure to exercise reasonable care and skill.We do not exclude or limit our liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any rights protected by applicable consumer protection laws.If a product arrives damaged, defective, or not as described, we will provide an appropriate replacement, refund, or other remedy in accordance with applicable law and our Return and Refund Policy.We are not responsible for damage resulting solely from improper use, accidental damage caused by the customer, or circumstances for which we are not legally responsible.For purchases made by businesses or retailers for resale, any additional terms must be separately agreed in writing and comply with applicable law.Nothing in these Terms limits or removes your statutory rights under the Consumer Rights Act 2015 or other applicable legislation.

18. Indemnification

Customers agree to use the Gini Art website lawfully and in accordance with these Terms of Service.If a customer deliberately misuses our website or unlawfully infringes the rights of another person, they may be responsible for direct losses resulting from their actions, but only to the extent permitted by applicable law. Customers are not required to indemnify, defend or reimburse Gini Art, Shopify or any third party for claims, losses or legal expenses arising from normal purchases or lawful use of our website. Nothing in this section excludes or limits your statutory consumer rights or any legal responsibilities that Gini Art cannot lawfully exclude.

19. 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. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.

20. Waiver; entire agreement

These Terms of Service, together with our published store policies, govern your use of the Gini Art website and your purchases.Our failure to enforce any provision does not mean that we waive our rights. Nothing in these Terms excludes information or commitments made to customers before purchase or limits any statutory consumer rights.

21. Assignment

Customers may not transfer their contractual obligations to another person without our prior consent, which will not be unreasonably withheld.Gini Art may transfer its rights or obligations to another business, provided that doing so does not reduce customers’ contractual rights or statutory protections. Customers will be notified where appropriate.

22. Governing law

These Terms of Service are governed by the laws of England and Wales.Nothing in this section prevents consumers from relying on mandatory consumer protection laws applicable in their country of residence or from bringing legal proceedings in courts available to them under applicable law.

23. Translations

These Terms of Service may be available in languages other than English.We aim to ensure that translations accurately reflect the English version. If any differences or uncertainties arise, please contact us for clarification.

Nothing in this section limits any rights customers have under applicable consumer protection laws.

24. Headings

The headings used in these Terms of Service are provided for convenience only and do not affect the meaning or interpretation of these Terms.

25. Electronic communications

By placing an order with Gini Art, you agree to receive necessary communications relating to your purchase electronically.These communications may include order confirmations, payment information, shipping updates, cancellations, returns and refunds.Marketing communications will only be sent where permitted by applicable law and in accordance with our Privacy Policy.

26. Changes to Terms of Service

Gini Art may update these Terms of Service when necessary to reflect changes to our business, website, services or applicable laws.The latest version will be available on our website.Changes will generally apply to future orders and website use. Terms applicable to an existing order will not be changed retrospectively without a lawful basis or the customer’s agreement.We will provide notice of significant changes where required by applicable law.Nothing in this section affects customers’ statutory rights.