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Terms and COnditions/ Privacy Policy/ Return Policy 

Terms and Conditions

This website is owned and operated by Nyah Flores. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors access to view and purchase art by Nyah Flores. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

The Service and all materials therein or transferred thereby, including, without limitation,  images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Nyah Flores. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States of America / Colorado, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Privacy Policy

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

We collect such Non-personal and Personal Information for the following purposes:

  • To provide and operate the Services;

  • To provide our Users with ongoing customer assistance and technical support;

  • To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

  • To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

  • To comply with any applicable laws and regulations.

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.  

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

If you don’t want us to process your data anymore, please contact us at nyahrflores@gmail.com.

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at nyahrflore@gmail.com. 

 

Quality Guarantee and Return Policy

 

This website utilizes the print on demand service: Gelato. In accordance with Gelato’s policy:

 

Quality Guarantee

We want you to be satisfied with the quality of the products you order through Gelato. If you are not satisfied with the quality of a product, please get in touch with Nyah Flores at nyahrflores@gmail.com  within 30 days of receiving the item and Nyah will contact Gelato who will do everything they can to investigate and find a solution.

If Gelato’s quality assurance team validates your claim, they will be happy to send a complimentary replacement as quickly as possible. Gelato much rather fix any problems and send a replacement order to make sure you are happy with their orders.

If a replacement order is not feasible, or you can't wait for a new order to arrive, please indicate that when you reach out to us and we'll give you a refund.

Color Consistency

We use the same print machines, paper types, and work processes as our print partners to minimize color variations. However, printing is a chemical process and 100% consistency cannot be achieved. Multiple factors influence the color, consistency, and final result, including:

  • Machine type

  • Machine settings

  • Paper types

  • Humidity in the room

  • When the machine was last cleaned

Color variations that may occur due to the above-mentioned reasons lie within acceptable tolerance levels and are not covered under our quality guarantee.

Defective or Damaged Products

If you receive defective or damaged orders that were not caused by the content provided by you, we will cover the costs of a new order. This includes:

  • Damage to the delivered products

  • Errors in the number or quantity of the delivered products

  • Lack of quality of the delivered product

Return Policy

We currently do not support returns or provide a return address because the products you order are personalized and made specifically for each order. Should you want to submit a new order, you will be liable for the costs of the new order. 

Lost Orders

For packages lost in transit, please get in touch with Nyah Flores at nyahrflores@gmail.com within 30 days from the estimated delivery date. Gelato will be happy to send a replacement order on your behalf.

Returned to Sender

For orders that are returned to the sender, please place a new order (no later than 30 days from the estimated delivery date) and get in touch with Nyah Flores at nyahrflores@gmail.com  so that Nyah can report the problem and arrange for the product price to be refunded for the new order. This way, you will only pay again for the shipping of the order.

Orders may be returned to the sender for the following reasons:

  • Wrong Address: If you provide an address considered insufficient by the courier, the shipment will be returned and disposed of safely. Should you want to submit a new order with an updated address, you will be liable for the costs of the new order.

  • Rejected by the Recipient: If you rejects the shipment during the delivery, the shipment will be returned and disposed of safely. Should you want to submit a new order with an updated address, you will be liable for the costs of the new order.

  • Unclaimed: If you are not able to receive their order at the address, the shipments may be available for pick up at thelocal post office or carrier pick-up point. Shipments that go unclaimed may be returned to the sender. For these cases, please place a new order and get in touch with us so that we can report the problem and arrange for the product price to be refunded for the new order (you will still have to pay for the shipping costs).

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