Terms and Condition

Last updated  February 27th, 2021


AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Niftiq Art (“Company“, “we”, “us”, “me” or “our”), concerning your access to and use of the niftiqart.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

I, as owner and artist of Niftiq Art, reserve the right to make changes or modifications to these Terms and Condition at any time and for any reason. I will alert you about any changes by updating the “Last Updated” date of these Terms and Condition, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Condition by your continued use of the Site after the date, such revised Terms and Condition are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before you use the Site. 

INTELLECTUAL PROPERTY RIGHTS

All intellectual property within NiftiqArt.com, the Facebook account ‘NiftiqArt’, and the Instagram account ‘@just.niftiq’ belong to me as the owner and artist. Site is my proprietary property and all source code, databases, functionality, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by me or licensed to me, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

My art pieces may be displayed on social media profiles as long as my name“Kai Depusoir” is prominently displayed along with any link to Niftiq Art.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms and Conditions; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means, whether, through a bot, script or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to cancel orders and block your email and refuse all current or future use of the Site.

PRODUCTS

I make every effort to display items as accurately as possible the colors, features, specifications, and details of my artwork available on the Site. However, I do not guarantee that the colors, features, specifications, and details of the products will be accurate, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and I cannot guarantee that the item will be in stock. I reserve the right to remove any art piece at any time for any reason. Prices for all art pieces are subject to change. I reserve the right to stop work on a commission piece or cancel a commission request due to poor communication, rude/inappropriate behavior, or a breach of these Terms and conditions. Each product is handcrafted with epoxy chemicals so small imperfections such as bubbles may be present. These imperfections do not affect the quality of the product and are barely noticeable.

Each item is made to order and take up to 72  hours to cure before it can be prepared to ship.

Because each piece is unique, it will look a little different from the ones displayed in the pictures.

PURCHASES AND PAYMENT

I accept the following forms of payment:

Visa- Mastercard- American Express- Discover- PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by the state. I may change prices at any time. All payments shall be in U.S. dollars and only domestic orders will be accepted.

You agree to pay all charges at the prices for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. I reserve the right to correct any errors or mistakes in pricing, even if I have already requested or received payment.

I reserve the right to refuse any order placed through the Site. I reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

As an added value to save on shipping expenses I offer a Will Call/Pick Up shipping option to local clients. Will Call Clients may pick up orders at my Long Beach, CA location. When placing orders, please indicate the shipping method as “Pick Up” and note the desired date on the order for pick up. Will Call pick up times will be scheduled once your order has been confirmed. Will Call hours are 7:00 AM to 5:00 PM, Monday through Friday unless otherwise arranged and confirmed with me. Please have your Order Number on hand when picking up your order(s). Any questions feel free to message me at hello@niftiqart.com.

Custom Piece: The form of custom inquires provided by me to the Client per the Commission Agreement. The Client may request a preview of the Commission piece at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement before the start of Work. Commission pieces require a 50% deposit prior to start work, which is non-refundable once I begin working. If there is any custom pieces requiring custom wording, (example dominoes), 100% payment will be needed before the Start of Work

Commission Agreement: The discussion, in which I and the Client agree to the subject matter and type of Commission to be produced, the Commission price, and the time in which I expect to complete the commission. This Commission Agreement shall remain on record with me for 1 year. Ultimately, the Commission Agreement will usually conclude with:

“This agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed by Kaisha Depusoir” . 

RETURN/REFUNDS POLICY

All sales are final and no refund will be issued for confirmed orders. Once order is placed, order can not be changed to something else. 

If you select “Pick Up” as a shipping option, you have 7 business days to pick up the order.  Failure to pick up order results in a partial refund to the original payment which is 80% of the items purchase price. NO EXCEPTIONS

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me, Kaisha Depusoir.

As the owner of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

3. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

4. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

5. Delete the copyright or other proprietary rights notice from any Content.

I reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities

PRIVACY POLICY

I care about data privacy and security. Please review my Privacy Policy here. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, I do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if I receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, I will delete that information from the Site as quickly as is reasonably practical.

GOVERNING LAW

These Terms of Condition and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the United States, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.      

If for any reason, Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in united states, California, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending me emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

CALIFORNIA USERS AND RESIDENTS

If any complaint with me is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

CONTACT ME 

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact me at: 

hello@niftiqart.com