Terms and conditions

Definitions and Interpretation

In these Terms of Service, the following definitions apply:

• “Artist”, “we”, “us”, “our” refers to Niby Studio, the owner and operator of this website and seller of all artworks listed

• “Website” refers to the online platform through which artworks are displayed and sold

• “Artwork” refers to all original artworks, limited edition prints, and any related products listed for sale on the Website

• “Buyer”, “you”, “your” refers to any individual or entity purchasing or attempting to purchase Artwork through the Website

• “Order” refers to any request by a Buyer to purchase Artwork

• “Contract” refers to the legally binding agreement formed between the Buyer and the Artist upon acceptance of an Order

• “Services” refers to the display, sale, and delivery of Artwork through the Website

These definitions follow standard industry practice where terms clearly distinguish the roles of buyer, seller, and artwork to avoid ambiguity in legal interpretation

Acceptance of Terms

By accessing this Website, placing an Order, or purchasing any Artwork, you confirm that you have read, understood, and agree to be legally bound by these Terms of Service. You must be at least 18 years old and have the legal capacity to enter into a binding contract to use this Website and purchase Artwork.

If you do not agree to these Terms, you must not use this Website.

These Terms constitute a legally binding agreement between you and the Artist

Nature of artwork

All Artwork sold on this Website is offered as fine art and collectible work.

• Original artworks are one-of-one pieces and cannot be replicated

• Limited edition prints are produced in fixed quantities and will not be reproduced once sold out

• Artwork is not classified as a mass-produced consumer good

The Buyer acknowledges that purchasing Artwork is a subjective decision based on personal preference and aesthetic judgment.Redistribute content from NIBY STUDIO

All reasonable efforts are made to ensure that Artwork is represented accurately on the Website.

However:

• Colours, textures, and details may vary depending on screen displays

• Minor variations between digital images and physical Artwork may occur

Such variations are inherent to the nature of art and do not constitute defects or grounds for refund.

General conditions

All Orders are subject to acceptance by the Artist.

A Contract is formed only when:

• Payment has been successfully received, and

• The Order has been confirmed by the Artist

We reserve the right to refuse, cancel, or limit any Order at our sole discretion, including but not limited to:

• Pricing errors

• Suspected fraudulent activity

• Unavailability of Artwork

If an Order is cancelled after payment, a full refund will be issued, solely for this case.

Pricing:

• All prices are listed in the stated currency and are subject to change without notice

• Full payment is required at the time of purchase

• The Buyer is responsible for ensuring payment details are accurate

Failure to complete payment will result in cancellation of the Order.

Shipping, Delivery, and Risk

Delivery timelines are estimates and not guaranteed.

The Buyer acknowledges that:

• Delays caused by couriers, customs, or external factors are outside our control

• International orders may be subject to customs duties, taxes, or import charges, which are the responsibility of the Buyer

Risk of loss or damage transfers to the Buyer upon dispatch of the Artwork.

Returns, Refunds, and Cancellations

All sales are final except as expressly stated in the Refund policy.

Returns are only accepted in cases of:

• Damage during transit

• Incorrect item received

The Buyer must notify us within the specified timeframe and provide evidence.

This approach aligns with standard eCommerce practice where terms clarify refund eligibility and protect the seller from misuse

Intellectual Property Rights

All intellectual property rights in the Artwork and Website content remain the sole property of the Artist.

Purchase of Artwork does not transfer:

• Copyright

• Reproduction rights

• Commercial usage rights

The Buyer may not reproduce, distribute, modify, or commercially exploit the Artwork without prior written consent.

Artists retain full ownership of their work even when sold, which is standard practice in the art industr

License and Permitted Use

Upon purchase, the Buyer is granted a limited, non-exclusive, non-transferable license to display the Artwork for personal, non-commercial use only.

Any commercial use, reproduction, or distribution requires a separate written licensing agreement.

Limitation of Liability

To the fullest extent permitted by law:

• The Artist shall not be liable for indirect, incidental, or consequential damages

• Liability is limited to the total amount paid for the Artwork

Nothing in these Terms excludes liability where such exclusion would be unlawful.

Website use and conduct

You agree not to:

• Use the Website for unlawful purposes

• Attempt to interfere with the Website’s functionality or security

• Copy, distribute, or exploit Website content without permission

Any breach may result in termination of access.

Force majeure

The Artist shall not be held liable for any failure or delay in performance caused by events beyond reasonable control, including but not limited to natural disasters, transportation disruptions, or technical failures.

Privacy and data protection

Personal data is handled in accordance with applicable data protection laws.

By using this Website, you consent to the collection and use of your information as outlined in the Privacy Policy.

Amendments

We reserve the right to update or modify these Terms at any time.Changes will take effect immediately upon publication on the Website.

Continued use of the Website constitutes acceptance of the updated Terms.

Governing law and jurisdiction

These Terms of Service are governed by and interpreted in accordance with the laws of the United Kingdom. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the UK courts.

Entire agreement

These Terms of Service, together with the Refund Policy and any other policies referenced, constitute the entire agreement between the Buyer and the Artist.

They supersede any prior agreements, communications, or understandings.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Contact

For any questions regarding these Terms, please contact: info@nibystudio.co.uk