Terms Of Service
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Zellart.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
CUSTOM ART ORDERS
By using our Photos to Art interface you certify that you own copyright for the photo(s) or are authorized by the owner to make a photo-to-canvas reproduction.
All brand names and products mentioned herein are either registered trademarks or trademarks of their respective owners and are hereby recognized as such.
Products sold by Zellart.com are covered by Lifetime warranty replacement directly through Zellart.com. Zellart.com will exchange products that will become defective due to normal wear and tear during normal and appropriate application of the product. Shipping expense during the warranty transactions will not be covered by Zellart.com. If the product is no longer available, Zellart.com will replace the product for one of the same size, free of charge (excluding the shipping charges). Zellart.com reserves the right to deny any replacement of the products, including but not limited to the following reasons: loss of product, physical damage that was not caused by wear and tear, misuse of products, and fraudulent returns of products not sold to Customer by Zellart.com. Physical damage must be reported within 7 business days of the receipt of products in case for Zellart.com to make a claim and exchange the products.
RETURN AND EXCHANGE POLICY
Zellart.com has the right to reject damaged goods and decline any return. All items sent for a return must have a proper Return Merchandise Authorization (RMA) form accompanying the shipment. If the RMA form is missing Zellart.com reserves the right to decline a return. Refunds, exchanges and store credits are processed only after an issued RMA form is received, the purchased items are received and the customer specifies what type of return he/she would like to process. Refunds are judged based on receipt of the item and not when shipped out. All returns for credit must be in original condition, include original packing material, manuals and all other accessories provided upon original delivery. Store Credit will be issued for the current value of the merchandise (If product was purchased for $79.00, and at the time of return price drops to $59.00 a Store Credit will be issued for $59.00). Free Return Shipping is not available on international art orders. Financial refund for return shipping will not be issued.(initial shipping charges are not refundable). All expenses incurred by the customer for shipping the item without the agreement from Zellart.com will not be reimbursed. (For International orders Zellart.com will cover up to $9.95 USD for shipping charges). A replacement ships within 5-7 days of us receiving your defective return. Expedited replacement is not available. Original Shipping and Handling is non-refundable.
PRODUCT PRICE CHANGES
In the event of a price reduction of an item recently ordered, Zellart.com will only credit a difference to an order if the order is in the process phase. Any price reduction will not be refunded if the order has been shipped.
You agree to indemnify, defend, and hold harmless Zellart.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In the event that a Zellart.com product is mistakenly listed at an incorrect price, Zellart.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Zellart.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Zellart.com will issue a full credit back to your credit card account in the amount of the incorrect price. Zellart.com is not responsible for typographical or photographical errors. Prices and specifications are subject to change without notice.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Zellart.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Zellart.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Zellart.com.
Zellart.com does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Zellart.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Zellart.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Zellart.com in its sole discretion.
LIMITATION OF LIABILITY
Zellart.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Zellart.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Orders must be cancelled via email and a confirmation by one of Zellart.com representatives within the same business day before 6pm CST. Cancelled orders may be subject to a 25% restocking fee.
PURCHASE AGREEMENT AND PAYMENTS
All Credit Card transactions will be processed on the same date of the order. This capture of payment will be more than 1 business day in advance of shipment. As Zellart artwork is made-to-order, art prints are shipped between 5-7 business days after capture of payment and custom prints are shipped between 7-10 business days after capture of payment. By accepting delivery of any product sold from Zellart.com you ("Customer") agree to be bound by the terms and conditions listed. You and Zellart.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Zellart.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Zellart.com.
These terms and conditions, together with an Zellart.com invoice regarding the products ordered by the Customer, are the complete and exclusive agreement between Zellart.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Zellart.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
FAIR CREDIT BILLING ACT
We guarantee that every online transaction you make will be 100% safe. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for $50.00, Zellart.com will cover the entire liability for you, up to the full $50.00. Zellart.com will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
- Transactional: updates to status of orders and returns
- Promotional: updates about discounts, new products, new artists, etc.
- Informational: updates about Zellart