Terms of service


Overview

    This website is operated by AI Art Group Ltd. Throughout the site, the terms “we”, “us” and “our” refer to AI Art Shop which is a brand name of AI Art Group Ltd. AI Art Group Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

    By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “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 of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. 

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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. 

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


    Definitions

    In these conditions the following terms shall have the following meanings.

     

    ‘Company’ means AI Art Group Ltd. trading under the name AI Art Shop.

     

    ‘Customer ‘

    means the customer of the Company.

     

    ‘Contract’

    means any contract for the sale of Products by the Company to the Customer; for example a payment transaction carried out by the Customer for any of the Products offered by the Company marks a Contract between the Company and the Customer for the sale of such Products.

     

    ‘Goods’ or ‘Products’

    means paintings or prints in any form or shape listed on this website and forming the subject of this contract.

     

    ‘Price’

    means the price as detailed at checkout and on the Order Confirmation e-mail.

     

    ‘Order’

    means any electronic orders made through our website, signed purchase orders and letters whether sent by post or e-mail from the Customer.

     

    Online Store Terms

    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, 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. 

    Additionally, you must not copy, save or otherwise use any of the content on this website for other than non-commercial purposes. The images of all the paintings as well as any artworks displayed on this website are the intellectual property of AI Art Group Ltd. and therefore must not be used without the company’s permission.


    A breach or violation of any of the Terms will result in an immediate termination of your Services.

     

    General Conditions

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


    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. 


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

     

    Accuracy, Completeness and Timeliness of Information

    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 


    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    Personal Data Collection

    When a user visits www.aiartshop.com we collect standard internet log information and details of visitor patterns. We do this to find out things such as the number of visitors to different parts of our website and this tells us the information that is useful. We do not collect information that identifies anyone. Your submission of personal information through the store is governed by our Privacy Policy. For more information on how we handle your data visit our Privacy Policy.

     

    Modification to the Service and Prices

    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. 

     

    • The Price for the goods includes packing, shipping and VAT as well as excludes insurance and any import duties. Moreover, it is the responsibility of the customer to check whether any applicable sales, use, excise, consumption, VAT or other taxes and import duties apply in their country on the products ordered through our website.
    • The Company shall have the right to adjust its prices for any increase in costs of any kind arising for any reason after the date of the
    • Price changes shall take effect on the date of service on the customer of notice of the

     

     Products or Services

    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. In fact, all our products are created by unique machine learning algorithms, selected by our team of art experts and are sold only once on our website. Hence, the quantity of each painting is exclusively limited to one.

    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We will make every effort we can to deliver the most color-accurate (to our knowledge) final products to our customers when compared to images seen on product pages of our website. However, any product images are for illustrator purposes only, and hence there may be slight discrepancies in colour and/or appearance of the final product compared to images displayed on our website.

    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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 


    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    We actively discourage all artists on the platform from listing several artworks under the same product listing as this can cause confusion for the customer, however occasionally this does occur. If several artworks are displayed as part of the same product listing, the customer can only choose one artwork and will need to contact AI Art Shop customer support to confirm the exact artwork they want to purchase.

    NFT and Intellectual Property Rights Transfer


    By registering and listing artworks on the AI Art Shop platform, the artist ("User") agrees to grant AI Art Shop the exclusive option to sell non-fungible tokens (NFTs) representing the listed artworks. Upon the confirmed sale of any artwork by the User through the AI Art Shop platform, all rights, title, and interest in the artwork, including but not limited to intellectual property and copyright, shall automatically transfer to AI Art Shop. This transfer allows AI Art Shop to:

    1. Produce, distribute, and sell NFTs representing the artwork.
    2. Sell and distribute the artwork to the end purchaser.
    3. Use the artwork for promotional, marketing, or advertising purposes, both in physical and digital formats.
    4. Reproduce, modify, and publicly display the artwork in any medium as AI Art Shop deems fit.

    The User acknowledges and agrees that AI Art Shop may exercise full discretion in the commercialization and use of the artwork without further approval or compensation to the User. This includes the right to sublicense or transfer any of the acquired rights to third parties. AI Art Shop will ensure that all necessary legal measures, such as the issuance of a certificate of authenticity or registration on the blockchain for NFT-related transactions, are duly executed upon the sale of the artwork.

    Cancellation

     

    All our products are Bespoke Orders, i.e. are custom made to your specifications. You may cancel your order at any stage before, and up to seven 15 days after you have placed your order with us, provided your item have not been produced or we have not dispatched the relevant products to you. To do this you must notify us in writing at the address above or by sending an email to support@aiartshop.com. Any cancelled orders will be returned to us at the Customer's own cost. 

    We also reserve the right to cancel any order (or any part of the order) if for any reason: 

     

    • the Products ordered by the Customer are no longer available;
    • the Products cannot be supplied to the country where the Customer resides.

     

    In any of the above-mentioned events, we will notify the Customer by email and refund any payments they have made for that order or that part of the order.

     

    We endeavour to make sure that all prices advertised on the Site are correct, However, if we discover that the Products you have ordered were listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order we will refund any payments made.

    We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.

    Risk Delivery and Performance

    • The Goods are delivered to the Customer when the Company makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer’s agent whoever pays its charges) at the Company’s premises or other delivery point agreed by the Risk in the Goods passes when they are delivered in accordance with the Products and Services section.
    • The Company may at its discretion deliver the Goods by instalments in any dates quoted by the Company for the delivery of the Goods are approximate only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of the Company no regard has been paid to any quoted delivery.
    • As most Goods listed on the AI Art Shop online platform are produced on-demand, the Company may reserve the right to check with the Customer if they are happy to accept the delivery of the order in the event where the physical dimensions of the Goods do not match those that appear on the platform (including but not limited to artworks cropped when printed onto canvas). Failure to reply to the email confirming the preferred delivery option by the Customer within 3 business days may result in AI Art Shop proceeding to delivery of the order including but not limited to with artwork resized or cropped to fit the canvas size as it appears in the Customer's order. 
    • If the Customer fails:
      • To take delivery of the Goods or any part of them on the due date
      • To provide any instructions or documents required to enable the Goods to be delivered on the due date

    The Company may on giving written notice to the Customer store or arrange for the storage of the Goods. And on the service of the notice:

    • Risk in the Goods shall pass to the Customer
    • Delivery of the Goods shall be deemed to have taken place
    • The Customer shall pay to the Company all costs and expenses including storage, any redelivery and insurance charges arising from its
    • The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.

     

    Claims Notification

    • Any claim for non-delivery of the Goods shall be notified in writing by the Customer or the Customer’s Agent to the Company within 72 hours of receipt by the Customer or Customer’s Agent of notification of dispatch of the
    • Any claim that any Goods have been delivered damaged, are not of  correct specifications or do not comply with their description shall be notified by the Customer to the Company within 7 days of their delivery provided that the Buyer endorses the carrier’s delivery note with details
    • Any alleged defect shall be notified by the Customer to the Company within 14 days of the delivery of the Goods or in the case of any defect which is not reasonably apparent on inspection within seven days of the defect coming to the Customer’s
    • Any claim under this condition must be in writing and must contain full details of the claim including the part numbers of any allegedly defective
    • The Company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall, if so requested in writing by the Company, promptly return any Goods the subject of any claim and any packing materials securely packed, and carriage paid to the Company for
    • The Company shall have no liability with regard to any claim in respect of which the Customer has not complied with the claim’s procedures in these conditions.

     

    Payment, Accuracy of Billing and Account Information

    We offer our products in a variety of different currencies for the convenience of our customers. This means that we accept payments in over 20 different currencies. We reserve the right to change the internal exchange rate as and when we deem needed. 

    All payments must be made by credit or debit card or alternatively by one of  the payment systems listed on our website (see the Footer). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us based on the Products you order.  

    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 Returns Policy. 

     

    Optional Tools

    We may provide you with access to third-party tools over 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 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

     

    Third-Party Links

    Certain content, products and services available via our Service may include materials from third-parties. 


    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 


    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.

     

    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, libellous, 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 libellous 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. 

     

    Errors, Inaccuracies and Omissions

    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. 

     

    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.

     

    Disclaimer of Warranties; Limitation of Liabilities

    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 


    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
    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. 


    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
    In no case shall AI Art Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

     

    Indemnification

    You agree to indemnify, defend and hold harmless AI Art Shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

     

    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. 

     

    Scope of Contract

    Under no circumstances shall the Company have any liability of whatever kind for:

    • Any defects resulting from wear and tear
    • Accident
    • Improper use by the Customer or use by the Customer except in accordance with the instructions or advice of the Company or the manufacturer of any Goods or neglect or from any instructions or materials provided by the Customer
    • Any Goods which have been adjusted, modified or repaired.
    • The suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company
    • Any substitution by the Company of any materials or components not forming part of any specification of the Goods agreed in writing by the Company;
    • Any technical information, recommendations, statements or advice furnished by the Company, its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made
    • Any variations in the dimensions of any Goods or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the Goods, and the substituted materials or components are of a quality equal or superior to those originally specified. 

     

    Extent of Liability

      - The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except:

      • For death or personal injury resulting from the Company’s negligence.
      • As expressly stated in these conditions.

      - If the Customer establishes that any Goods have not been delivered, have been delivered damaged or do not comply with their description the Company shall, at its option, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their order value or repair any damaged

      - If the Customer establishes that any Goods are defective the Company shall, as its option, replace with similar goods or repair any defective Goods, allow the Customer credit for their order value or to the extent that the Goods are not of the Company’s manufacture, assign to the Customer (so far as the Company is able to do so) any warranties given by the manufacturer of the Goods to the Company.

      - The delivery of any repaired or replacement Goods shall be at the Company’s premises or other delivery point specified for the original

      - Where the Company is liable in accordance with this condition in respect of only some or part of the Goods the Contract shall remain in full force and effect in respect of the other or other parts of the Goods and no set-off or other claim shall be made by the Customer against or in respect of such other or other parts of the

      - No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustments, alterations or other work has been done to the Goods by any person except the

      - The Company shall not be liable where any Goods, the price of which does not include carriage, are lost or damaged in transit and all claims by the Customer shall be made against the Replacements for such lost or damaged Goods will, if available, be supplied by the Company at the prices ruling at the date of dispatch.

      - In no circumstances shall the liability of the Company to the Customer under this condition exceed the order value of the

      - Whilst the Company shall make every effort to match print colours to the Customer’s requirements, no liability is accepted by the Company for colour variations within normally expected commercial tolerances.

      - The Company shall not be liable for the acts or omissions of any third parties to the Contract.

       

      Entire Agreement

      The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 


      These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

      Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

       

      General

      • The Company may sub-contract the performance of the Contract in whole or in part.
      • The Customer shall not assign or sub-let this contract in whole or in
      • Except for any which is expressly agreed to be included in the Goods all images, tools, patterns, materials, drawings, specifications and other data provided by the Company shall remain its property and all technical information, patentable or unpatentable, copyright and registered designs arising from the execution of any orders shall become the property of the Company.

         

        Confidentiality

        The Customer shall not at any time whether before or after the termination of the Contract divulge or use  any unpublished technical information deriving from the Company or any other confidential information in relation to the Company’s affairs or business or method of carrying on business.

         

        Force Majeure

        The Company shall not be liable for any failure in the performance of any of its obligations under this Contract caused by factors outside its

             

            Law and Jurisdiction

            This Contract shall be governed by English law and the Customer consents to the exclusive jurisdiction of the English courts in all matters regarding

               

              Notice

              • Any notice given under this deed shall be in writing and may be served:
                • Personally
                • By registered or recorded delivery mail
                • By e-mail or facsimile transmission (the latter confirmed by post)
                • By any other means which any party specifies by notice to the
              • Each party’s address for the service of notice shall be the address specified on the Order Acknowledgement or such other address as is specified by notice to the others.
              • A notice shall be deemed to have been served:
                • If it was served in person, at the time of service
                • if it was served by post, 48 hours after it was posted
                • if it was served by e-mail or facsimile transmission, at the time of transmission

                 

                Changes to Terms of Service

                  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 or any other policies 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 of Service should be sent to us at info@aiartshop.com.