Hakyarts — Terms of Service

This website is operated by Hakyarts. Throughout the site, the terms “we”, “us” and “our” refer to Hakyarts.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. By using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you should not access or use the Service.

We reserve the right to update or modify these Terms from time to time. Changes will take effect when published on this page. Continued use of the website following publication of changes constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

Our store is hosted on Shopify Inc., which provides the ecommerce platform enabling us to sell our products and services.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction, or that you have given consent for minors under your supervision to use this site.

You may not use our products for any illegal or unauthorized purpose.

You must not transmit malicious code, introduce harmful software, or engage in activity that disrupts or interferes with the Service.

Any breach of these Terms may result in appropriate action, including termination or restriction of access to the Service, subject to applicable law.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse or limit transactions where reasonably necessary, including in cases of suspected fraud, abuse, unlawful activity, payment risk, or misuse of promotional offers, subject always to applicable consumer protection laws.

Your content, excluding payment data, may be transferred unencrypted across networks where necessary to provide the Service.

You agree not to reproduce, copy, resell, or exploit any part of the Service without our written permission, except where permitted by applicable law.

Headings are for convenience only and do not affect interpretation.

Nothing in these Terms limits or excludes any mandatory consumer rights that cannot legally be waived.

SECTION 3 — ACCURACY OF INFORMATION

We make reasonable efforts to ensure that information presented on the website is accurate and up to date.

Product images are provided for illustrative purposes and may appear differently depending on the customer's screen, display settings, lighting conditions and viewing environment.

We reserve the right to correct errors, inaccuracies or omissions and to update website content where necessary.

SECTION 4 — MODIFICATIONS TO SERVICE AND PRICES

Prices are subject to change without notice. Price changes do not affect orders already accepted and paid for, except where an order is subsequently modified or cancelled and the applicable promotional conditions require recalculation.

We reserve the right to modify or discontinue products or aspects of the Service.

Promotional Pricing & Shipping Conditions

Promotional pricing, discounts, bundle offers and free-shipping offers are applied according to the conditions displayed at checkout.

Where an order is subsequently modified or partially cancelled before fulfilment, the eligibility of the remaining order for promotional benefits may be reassessed based on the final items retained.

If the final retained order no longer satisfies the conditions of a promotion, discount, bundle or free-shipping offer, the order total may be recalculated accordingly.

Any applicable recalculation will be communicated to the customer before the modification is finalised, where reasonably practicable.

SECTION 5 — PRODUCTS AND MADE-TO-ORDER PRODUCTION

Hakyarts produces many physical art prints to order.

Unless otherwise stated, a finished physical print is not necessarily held as pre-produced inventory. The customer's order determines the physical configuration to be produced, including, where applicable:

• the selected artwork;
• the selected print size;
• the selected paper type or quality;
• the quantity ordered; and
• other available product specifications.

We may print, cut, trim, finish, package and otherwise prepare products specifically in response to an accepted customer order.

Because products are produced according to the configuration selected by the customer, production may begin shortly after an order is placed.

Product Appearance

We make reasonable efforts to display artwork, colours and product characteristics accurately. However, colours may vary between screens and physical prints because of differences in displays, lighting, colour profiles, printing processes and viewing conditions.

Minor variations inherent to printing and paper production do not necessarily constitute manufacturing defects.

Nothing in this section limits the customer's statutory rights concerning defective, damaged or non-conforming goods.

Made-to-Order and Personalised Goods

Where applicable under mandatory consumer law, goods made according to the consumer's specifications or clearly personalised may be excluded from the statutory right of withdrawal.

The applicability of any statutory exemption depends on the characteristics of the particular product and order and the law applicable to the transaction.

Nothing in these Terms is intended to exclude a statutory right where such right applies.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel an order where reasonably necessary, including in cases involving suspected fraud, payment problems, pricing errors, technical errors or misuse of the Service, subject to applicable law.

We may limit or prohibit orders that appear to involve reselling, abnormal purchasing patterns, fraudulent activity or misuse of promotional offers.

You agree to provide accurate, complete and current billing, payment and account information.

SECTION 6A — ORDER MODIFICATIONS AND CANCELLATIONS

Cancellation before production or fulfilment

Customers may request cancellation or modification of an order before production or fulfilment has begun.

Where an order has not yet entered production or preparation, we will generally make reasonable efforts to accommodate cancellation requests.

Cancellation is not guaranteed until confirmed by Hakyarts.

Orders already in production or preparation

Because many Hakyarts products are made to order, production or preparation may begin shortly after an order is placed.

Once production, cutting, finishing, packaging or other preparation has begun, an order may no longer be capable of being cancelled as a simple pre-fulfilment cancellation.

We will nevertheless review cancellation requests individually and will communicate the available options where cancellation is no longer operationally possible.

Orders already packed or dispatched

Once an order has been packed, handed to a carrier, or otherwise entered the dispatch process, it may no longer be possible to intercept or cancel the shipment.

Where a customer no longer wishes to receive a dispatched order, the customer may be asked to allow the parcel to return to Hakyarts or to follow the applicable return procedure.

Where a statutory right of withdrawal applies, nothing in this section limits that right.

Partial cancellations and order recalculation

If a customer requests cancellation of only part of an order before fulfilment, the remaining order may be recalculated.

This includes, where applicable:

• promotional discounts;
• bundle pricing;
• minimum-order discounts;
• free-shipping eligibility; and
• applicable shipping charges.

For example, if an order originally qualified for free shipping but the retained items no longer meet the applicable free-shipping threshold, the standard shipping charge applicable to the final retained order may be applied.

The customer will be informed of any resulting adjustment before the partial cancellation is finalised, where reasonably practicable.

SECTION 6B — EU RIGHT OF WITHDRAWAL

Where a statutory right of withdrawal applies to an order, eligible EU consumers may exercise that right within the applicable statutory period and without providing a reason.

For eligible goods, the statutory withdrawal period is generally 14 days from receipt of the goods, subject to applicable law and any statutory exceptions.

Certain categories of goods are excluded from the statutory right of withdrawal, including goods made according to the consumer's specifications or clearly personalised goods.

Where a statutory withdrawal right applies:

• the customer must follow the applicable withdrawal/return procedure;
• the customer may be responsible for the direct cost of returning the goods where the customer was informed of this obligation before purchase;
• Hakyarts may withhold reimbursement until the returned goods have been received or the customer provides evidence that they have been sent back, subject to applicable law; and
• any reimbursement will be made in accordance with the applicable statutory requirements.

Nothing in these Terms limits the customer's statutory rights.

Electronic Withdrawal Function

Where required by applicable EU law, Hakyarts provides an electronic function through which eligible customers may submit a withdrawal request.

Submission of a withdrawal request does not necessarily mean that an order can be physically intercepted or cancelled after production or dispatch.

Where an order has already entered production, fulfilment or transit, the applicable withdrawal or return process will be handled according to the customer's legal rights, the nature of the product and the applicable return procedure.

SECTION 6C — RETURNS AND REFUNDS

Returns are processed according to the reason for return and the legal framework applicable to the order.

Different rules may apply to:

• statutory withdrawal requests;
• defective or damaged goods;
• goods that do not conform to the order;
• made-to-order or personalised goods; and
• voluntary returns offered by Hakyarts beyond statutory requirements.

Where Hakyarts is not legally required to accept a return, any voluntary return or refund may be subject to the conditions communicated to the customer.

Where a return is approved, the customer may be required to provide tracking information or return the goods using the specified carrier or method.

Refunds are processed only when the applicable return conditions have been satisfied, unless otherwise required by law.

Where an order is returned to Hakyarts because a customer does not collect a parcel or refuses delivery, the refund will be determined according to the applicable legal rights, product status, shipping conditions and any lawful deductions.

SECTION 6D — CUSTOMS, DUTIES AND IMPORT CHARGES

For international orders, customs duties, import charges, taxes or other governmental charges may apply depending on the destination, order value, product classification and applicable customs rules.

Where such amounts are collected at checkout, they may be displayed separately from the product price.

Customs duties and import charges may be subject to rules that differ from the treatment of the underlying product price.

Where an order is cancelled, returned or refunded, the treatment of duties, taxes and import charges will depend on the applicable law, customs procedures, payment provider rules and the circumstances of the transaction.

Hakyarts does not guarantee that customs duties or import charges will be recoverable from customs authorities following a return or cancellation.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor control.

Access to such tools is provided “as available” and without warranties beyond those required by applicable law.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products or services available through our Service may include materials from third parties.

Third-party links may direct you to websites that are not affiliated with Hakyarts. We are not responsible for the content, accuracy, policies or practices of third-party websites.

SECTION 9 — USER COMMENTS AND SUBMISSIONS

If you submit comments, reviews, images or other materials to us, you remain responsible for the content you submit.

By submitting content, you grant Hakyarts the rights reasonably necessary to use, reproduce and display that content for the purposes for which it was submitted, including displaying customer reviews where applicable.

We reserve the right to remove content that is unlawful, abusive, misleading, defamatory or otherwise inappropriate.

SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 — ERRORS AND OMISSIONS

Occasionally information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges or availability.

We reserve the right to correct such errors and, where legally permitted, to cancel or refuse orders affected by a material error.

If an order is cancelled for this reason, any amounts paid will be handled in accordance with applicable law.

SECTION 12 — PROHIBITED USES

You are prohibited from using the site or its content:

• for unlawful purposes;
• to solicit unlawful acts;
• to violate applicable laws or regulations;
• to infringe intellectual-property rights;
• to transmit malicious code;
• to collect personal information improperly;
• to interfere with the security or operation of the Service; or
• to engage in fraudulent or abusive activity.

We may terminate or restrict access for violations, subject to applicable law.

SECTION 13 — DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that the Service will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including mandatory consumer rights, statutory guarantees, liability for fraud or other liability imposed by applicable law.

To the maximum extent permitted by law, Hakyarts shall not be liable for indirect or consequential losses arising from circumstances outside our reasonable control.

Nothing in this section affects statutory remedies available to consumers.

SECTION 14 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify Hakyarts against claims arising from your unlawful use of the Service or your material breach of these Terms.

This section does not affect mandatory consumer rights.

SECTION 15 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and the remaining provisions will remain in effect.

SECTION 16 — TERMINATION

We may terminate or restrict access to the Service where reasonably necessary due to breach of these Terms, fraudulent activity, unlawful conduct or other legitimate reasons, subject to applicable law.

SECTION 17 — ENTIRE AGREEMENT

These Terms, together with the policies and information expressly referenced herein, constitute the agreement governing your use of the Service and your purchases from Hakyarts.

Nothing in these Terms excludes mandatory rights or protections provided by applicable consumer law.

SECTION 18 — GOVERNING LAW AND CONSUMER RIGHTS

These Terms are governed by the laws applicable to Hakyarts and the relevant transaction, without prejudice to any mandatory consumer protection provisions applicable in the consumer's country of residence.

Consumers within the European Union retain any mandatory rights and remedies provided by applicable EU and national consumer protection law.

SECTION 19 — CHANGES TO TERMS

We may update these Terms from time to time.

The latest version will be published on this page with the applicable effective date.

Continued use of the website following publication of changes constitutes acceptance of the updated Terms to the extent permitted by applicable law.