Terms of Use
Feb. 24, 2024
TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of www.tiakoolartist.com (the “site”). This site is owned and operated by Tia Koulianos (aka TiaKoolArtist). This site is an ecommerce website.
By using this site, you indicate that you have read and understood these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Tia Koulianos (aka TiaKoolArtist) and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using the Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords and sensitive information attached to the account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods and Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
Original Art
Fine Art Prints
Art Commissions
Merchandise on Demand
Print on Demand; and
Merchandise
The following services are available on our Site:
Consultations
The services will be paid in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Payments
We accept the following payment methods on our Site:
Credit Card
Paypal; and
Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Methods used by Printer for fine art prints as they deem appropriate
Methods used by drop shipper for merchandise as they deem appropriate
Any third party shippers will use any methods they deem appropriate; and
USPS for Original Artwork
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside of the United States your purchase may be subject to import duties and taxes applied by the destination Country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
Refund requests must be made within 30 days after receipt of your goods.
We accept refund request for goods sold on our Site for any of the following reasons:
Good is broken or damaged
Good does not match description; or
Good is the wrong size
Please note that items ordered from third parties will include their own return processes which are not responsible by this Site or owner. The return process from these items must be followed explicitly as per the shippers Terms and Conditions. This information will be included with your delivered goods.
Refunds do not apply to the following goods:
Commissioned artwork cannot be returned. We will communicate before the final artwork is complete and the customer will have the opportunity to request edits before shipping according to the commission schedule. Once the artwork ships out, the sale is final.
Refunds for Services
We provide refunds for services sold on our Site as follows:
If within the 30 day period you make a return for the allowable conditions outlined, your original method of payment will be refunded once the item is received by Tia Koulianos and inspected for condition. If in good condition as stated in Terms and Conditions, then the refund will be processed. It can take up to 2-7 business days to process a refund with Square payment processor. Once the refund is processed and sent to the customer’s card issuing bank, it can take another 2-7 business days (depending on the bank’s processing speeds) for the refund to post to the customer's account.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
For original Art and Art Prints: I will supply a return label once customer contacts with a return. Art must be in original packaging, and in perfect condition for a return to be accepted. Please use original packaging materials to ensure the best shipping condition of the art. Please email me at hello@tiakoolartist.com for further information if needed. Artwork will not be accepted if damaged in any way.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Tia Koulianos (aka TiaKoolArtist) and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Tia Koulianos (aka TiaKoolArtist) and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of New York.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, these provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal of and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
You can also contact us through the contact form available on our Site.
Privacy Policy
Feb. 24, 2024
Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the following:
The personal data we collect;
Use of collected data;
Who has access to the data collected;
The rights of Site users; and
The Site’s cookie policy.
This privacy policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulations (the “GDPR”). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
CONSENT
By using our Site users agree that they consent to:
The conditions set out in this Privacy Policy
When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.
You can withdraw your consent by: Contact at hello@tiakoolartist.com
Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.
We rely on the following legal basis to collect and process the personal data of users in the EU:
Users have provided their consent to the processing of their data for one or more specific purposes.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:
IP Address;
Location;
Hardware and Software details;
Clicked Links; and
Content viewed
How Do We Use Personal Data
Data collected on our SIte will only be used for purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The date we collect automatically is used for:
Statistics;
Marketing purposes; and
To create valuable content.
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
If the law requires it;
If it is required for any legal proceeding;
To prove or protect our legal rights; and
To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note we are not responsible for and have no control over their privacy policies and practices.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee’s termination.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
Your Rights as a User
Under the GDPR, you have the following rights:
Right to be informed;
Right of access;
Right to rectification;
Right to erasure;
Right to restrict processing;
Right to data portability; and
Right to object.
How to Access, Modify, Delete or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:
Tia Koulianos
Do Not Track Notice
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.
How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
Newsletter Emails. You can opt-out by unsubscribe Button.
Cookie Policy
A cookie is a small file, stored on a user’s hard drive by a website. Its purpose is to collect data relating to the user’s browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
Functional cookies
Functional cookies are used to remember the selections your make on our SIte so that your selections are saved for your next visits;
2. Analytical cookies
Analytical cookies will allow is to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc;
3. Targeting cookies
Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalize the information on our Site for you, and
4. Third-party cookies
Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes:
Monitor user preferences to tailor advertisements around their interests.
Modifications
This privacy policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel that we have not addressed your concerns in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Information Commissioner’s Office in the UK, Data Protection Commission in Ireland.
Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Tia Koulianos, at: