TERMS OF SERVICE

Shipping

Clients will be responsible for paying their own shipping costs for returning their item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund. You must pay to insure your return for the value of the painting and use a tracking method.

NOTE: COMMISSION ARTWORK IS NON-RETURNABLE

Dadabhoy Designs
Terms of Use Agreement

Last Revised on August 17, 2023

This Terms of Use Agreement (“ToU”) is made between Dadabhoy Designs and you, the individual choosing to use our online services (“you” or the “user”).

Services this ToS Covers:

Dadabhoy Design is an interior design and fine art company that offers interior design services, commissioned artworks, and an online gallery whereby you can purchase original art and prints created by the artist, Aaliya Dadabhoy. This ToU applies to our online services, including our website www.aaliyaart.com, online gallery, social media accounts, and any future online services we develop. Please note that our interior design and commissioned artwork services are controlled by separate service agreements provided to you upon engaging us for such services.

Services This ToU Doesn’t Cover

We love supporting our partners, and to show our appreciation, we occasionally link to their websites and services. When you click on one of these links, you are leaving our website, and this ToU no longer applies. The way our partners or other third-parties conduct business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service that we link to. It is also important to note that all of our gallery purchases are hosted through the Squarespace platform, and you will be subject to Squarespace’ service policies which can be accessed here: https://www.squarespace.com/terms-of-service. Additionally, when you are using any other third-party platform to interact with our goods or services such as Google, Instagram, or Facebook, you agree to their services policies, and this ToU is in addition not in lieu of such agreements.

Acceptance of ToU

We know these ToU’s can be tedious to get through. However, by accessing our online services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. If we make a change to any terms that we believe in our discretion materially affects the way our services apply to you, we will notify you in advance. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our services after a change has occurred, you agree to be bound by our updated ToU.

Conditions Before You Access Our Online Services

Our online services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 – 17 must have permission from their parent or guardian before accessing our online services. Additionally, to purchase any artwork from our online gallery, you must be over the age of 18 and be authorized to use our services and enter into this ToU if you are acting on behalf of a company.

Privacy & Personal Information

Directly Providing Information to Us: In some circumstances, when interacting with our services, you may be asked to provide specific personal information so that we can help you with a particular inquiry, or you may give information to us on your own accord. When providing such information, you permit us to use such information to fulfill your requests and for our legitimate business purposes. Such information may include personal information such as your name, email address, phone number, credit card details, or residential address. For example, you consent for us to use the information you have provided when you purchase artwork from our online gallery, sign up for our newsletter, reach out to us by email or our social media accounts when you use any “contact us” form on our platforms, when you interact with our support or customer service teams, or when you comment on our social media posts. You should also be aware that the comments you make on our social media accounts may also be accessible to the public.

Interacting with Our Services: You also permit us to collect information such as your IP address, browser type, geolocation, device type, frequency of visits to our online services, and network connection type while you use our website. We use cookies and third-party services, such as Google Analytics, to help us collect this information. We only use this type of information in anonymized and aggregated forms; this means you are not personally identifiable to us. However, you should be aware that in some circumstances, we may be legally required to hand over this information to law enforcement or regulatory authorities, who may then use this information to reveal your identity.

Credit Card Information: For your convenience, we may allow Aaliya Art website users to purchase gallery artwork and services using their credit card. We only use PCI-compliant third-party vendors to process online payments; this means unless for some reason we have to input your credit card information manually, we typically don’t see your credit card information. Purchases made via our online gallery are directly sent through SSL secure credit card processing via Squarespace.

Privacy Law Compliance: Any personal information that we receive will be treated per U.S. privacy laws. We only use your personal information for our legitimate business purposes, and we NEVER collect your information for the purpose of selling, renting, trading, or otherwise abusing it. You may opt-out of our newsletter at any time, and we will make all reasonable efforts to respond and comply with requests regarding the storage, amendment, and deletion of your personal information.

Cookie Policy

Cookies are small files that we transfer to your computer’s hard drive through your browser.

Types of Cookies We Use: We use both session cookies that are erased once you exit your browser and persistent cookies that stay on your device for a set period of time or until you manually delete them.

Why Does This Website Use Cookies? We mainly use cookies to help ensure you have the best user experience possible and give us insight into how we can improve our online services. We also use cookies to provide us with insight into things like the number of visitors to our website, the type of devices being used to access our website, how visitors ended up on our website, and the general geographic area they are located. As you have probably heard, cookies may also be used to ensure that you see advertisements relevant to your interests. Currently, we do not use targeted advertising on our website or sell any advertising space on our website for third-party use. However, we may, at times, use targeted advertising through Google, Instagram, and Facebook. Google, Instagram, and Facebook use cookies on their platforms to collect information about your interests. When we advertise our services through their platforms, we can select a targeted audience that we hope may be interested in our services. That is why you may see some paid or sponsored advertisements from Aaliya Art while using these platforms.

Can I Block Cookies? Most browsers have an option to stop your computer from accepting cookies altogether or to stop certain types of cookies. If you decide to block cookies, our online services may operate a little strangely, since we rely on some cookies for our online services' functionality. If it is the targeted advertising that you are mainly concerned about, you can choose to specifically opt-out of targeted advertising by going the following links:

Facebook - https://www.facebook.com/settings/?tab=ads
Google - https://adssettings.google.com

Digital Advertising Alliance - http://optout.aboutads.info/

You can learn more about cookies at www.allaboutcookies.org.

Gallery Artwork Pricing, Promotions, and Billing

All purchases made via our online gallery are subject to taxes and shipping costs. Prices advertised and promotional offers are not guaranteed until a purchase has been processed and you have received a confirmation receipt. Promotions cannot be combined with any other offer and are limited to one per person. Pricing and promotional offers are subject to change at any time.

Gallery Artwork Availability

While we always try to ensure that we have availability of gallery artwork at the time of your purchase, unfortunately, we cannot guarantee that a particular artwork will always be in stock. If, after purchase, it comes to our attention that we are out of stock for a particular artwork, we will reach out and arrange either a refund or credit towards another gallery artwork.

Gallery Artwork Transfer of Title, Bill of Sale & Resale

Upon purchasing a gallery artwork, custody and title to the artwork will be transferred to you, and you will assume all responsibility and liability for the artwork. Gallery artworks are sent with a Bill of Sale. The Bill of Sale will outline the transfer of title and terms relating to our continued rights in the artwork. If you resell, transfer or assign the artwork to another individual or entity, the Bill of Sale terms will be binding on that individual or entity, and you must ensure that the terms of the Bill of Sale are contained in your own Bill of Sale.

Gallery Artwork Maintenance & Repairs

You will be responsible for ensuring that any artwork purchased from our online gallery is maintained and preserved per reasonable conservation standards, considering the nature of the artwork. If the artwork requires maintenance or repair, you agree to consult with us on best practices and offer us a right of first refusal to conduct or supervise such repair work on the artwork at a reasonable industry standard fee.

General Intellectual Property & Grant of License to Use Online Services

Our online services contain content, such as the “Aaliya” name and logo, our website design, and our website code, that is protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our online services, such as fonts and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. Aaliya Art does not grant or transfer any other rights, title, or interest to you other than the following limited license: Aaliya Art grants to you a limited, non-exclusive, non-transferable, revocable license to access and use Aaliya Art’s online services for non-commercial purposes only. Aaliya Art reserves the right to terminate this license at any time if your use of our online services is not in strict compliance with this ToU.

Artwork Copyright Ownership and Copyright

We reserve all rights under the Copyright Act of 1976 and The Visual Artists Rights Act of 1990, as the sole author of any of our artwork sold to you, for the duration of the copyright of such works. You agree not to intentionally alter, change, destroy, distort, discredit, or damage the artwork without first obtaining permission from us. Further, you are not permitted to make 2D or 3D reproductions of the artwork for any reason, including but not limited to using the artwork on apparel, prints, merchandise, or advertising campaigns, without our express written permission which may be subject to negotiation of a licensing agreement. Notwithstanding the above, we give revocable permission for you to take photographs of any space in which the artwork is displayed for use on social media platforms provided such rights are exercised tastefully and professionally, and you appropriately credit us substantially in the form of “Aaliya Art;” “Aaliya Dadabhoy;” or “Artwork by Dadabhoy Designs” We reserve the right for any reason to abandon association with the artwork, request for credit associated with the artwork to be removed, or demand for photographs of the artwork to be removed.

Entire Agreement

This ToU represents the entire and exclusive agreement between Aaliya Art and our users. All previous written and oral agreements and communications related to the subject matter of this ToU are superseded. In the event of any interior design and commissioned artwork service agreement is provided or has been provided in addition to this ToU, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such services agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our online services. However, if you have any questions about this ToU or Aaliya Art/Dadabhoy Design services in general, just reach out! We would be more than happy to explain.