Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Ilee DeSoto | Fine Art! The terms “we,” “us,” and “our” refer to Ilee DeSoto | Fine Art. Ilee DeSoto | Fine Art operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Ilee DeSoto | Fine Art is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every effort to provide accurate representations of our artwork and products. However, colors, textures, proportions, and product appearance may differ slightly from how they appear on your screen due to your device, display settings, lighting, and other factors.

Product mockups and room-setting images may be used to demonstrate how artwork may appear when displayed. Such images are illustrative and may not represent exact scale, framing, surroundings, or colors.

We do not warrant that the appearance of any product purchased will be identical to its depiction or rendering in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue products and may limit quantities or availability by person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Ilee DeSoto | Fine Art reserves the right to accept or decline your order for any reason at our discretion.

Your order is not accepted until Ilee DeSoto | Fine Art confirms acceptance. Payment must be received and processed before an order is accepted.

Please review your artwork, size, format, shipping information, and other order details carefully before submitting your purchase. Because many of our fine art prints are made to order, we may be unable to accommodate cancellation or modification requests once production has begun.

If we decline, change, or cancel an order, we will attempt to notify you using the contact information provided with your order.

Purchases are subject to our Refund & Return Policy.

You represent and warrant that your purchases are for your personal or household use and not for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when your order is placed and will appear in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, duties, or import charges.

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

You represent and warrant that payment information provided by you is accurate, that you are authorized to use the applicable payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 – SHIPPING AND DELIVERY

All shipping and delivery times are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, severe weather, or events outside our reasonable control.

Please refer to our Shipping Policy for additional information regarding processing, shipping, and delivery.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to our artwork, designs, photographs, text, graphics, logos, product imagery, videos, branding, and the selection and arrangement thereof, are owned by Ilee DeSoto | Fine Art, its affiliates, or licensors and are protected by applicable U.S. and international intellectual property laws.

Purchase of an artwork or fine art print provides ownership of the physical product purchased only. Copyright and intellectual property rights are not transferred with the purchase.

Artwork may not be copied, scanned, photographed for reproduction, reproduced, distributed, modified, commercially displayed, resold as reproductions, incorporated into other products, used to create derivative works, or otherwise commercially exploited without prior written authorization.

Nothing in these Terms grants a license or other intellectual property rights except as expressly stated.

All rights not expressly granted are reserved by Ilee DeSoto | Fine Art.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools offered by third parties that we neither monitor nor control.

Such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind.

Your use of third-party tools is at your own risk and discretion. You should review and understand the terms applicable to those tools before using them.

Future tools, resources, and features made available through the Services will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links or materials provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, privacy practices, products, or services of third-party websites.

If you leave our Services to access a third-party website, you do so at your own risk. Questions or complaints concerning third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Ilee DeSoto | Fine Art is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our Store are made directly with Ilee DeSoto | Fine Art.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Ilee DeSoto | Fine Art, including injury, damage, or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Ilee DeSoto | Fine Art.

I would retain this section because Shopify's supplied template specifically says its characterization of Shopify's relationship with the store should not be removed or modified.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

Because our Services are hosted by Shopify, Shopify collects and processes certain personal information regarding access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and third-party service providers, including providers located in countries other than your country of residence.

Please review our Privacy Policy for additional information about how personal information is collected, processed, used, and disclosed.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise provide reviews, ideas, suggestions, feedback, or other content (“Feedback”), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes including operating, improving, and promoting the Services.

You represent that you own or possess all rights necessary to submit such Feedback and that it does not violate the rights of any third party or applicable law.

We are not obligated to maintain Feedback in confidence, provide compensation for Feedback, or respond to Feedback.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information provided through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders when information is inaccurate, including after an order has been submitted, as permitted by applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws; infringe our intellectual property rights or those of others; harass, abuse, threaten, defame, or harm others; transmit false or misleading information; distribute spam or malicious software; collect personal information without authorization; interfere with the operation or security of the Services; or reproduce, copy, extract, sell, resell, or exploit the Services without authorization.

Unauthorized automated access, scraping, data extraction, or attempts to circumvent security measures are prohibited.

We reserve the right to suspend or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 – AGENTS

If autonomous or semi-autonomous software or services (“Agents”) access or interact with the Services, they must identify themselves appropriately and comply with applicable technical and access requirements.

Agents may not conceal their automated nature, mimic human behavior for purposes of circumventing restrictions, bypass CAPTCHAs or other security measures, or circumvent measures designed to restrict or control automated access.

We reserve the right to restrict or prohibit Agent access to the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to all or part of the Services at our discretion as permitted by applicable law.

You remain responsible for amounts owed up to the date of termination.

Provisions that by their nature should survive termination—including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy provisions—will remain in effect.

SECTION 16 – DISCLAIMER OF WARRANTIES

Except as expressly stated by Ilee DeSoto | Fine Art, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions except as required by applicable law.

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

Some jurisdictions do not permit certain warranty exclusions, so portions of this provision may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Ilee DeSoto | Fine Art and its partners, employees, affiliates, contractors, service providers, and licensors will not be liable for indirect, incidental, punitive, special, or consequential damages arising from use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

SECTION 18 – INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Ilee DeSoto | Fine Art, Shopify, and our respective affiliates, partners, employees, agents, contractors, licensors, and service providers from third-party claims arising from your violation of these Terms, applicable law, or the rights of another party.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed without affecting the validity of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted on our website constitute the entire agreement between you and us concerning use of the Services and supersede prior agreements or communications regarding the Services.

SECTION 21 – ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer or assign these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed and construed in accordance with applicable laws and the jurisdiction in which Ilee DeSoto | Fine Art is headquartered, subject to any mandatory consumer protections that apply based on your place of residence.

SECTION 23 – HEADINGS

Headings in these Terms are provided for convenience only and do not limit or otherwise affect their interpretation.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You may review the current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace portions of these Terms by posting updates to our website.

Where required by applicable law, we will provide notice of material changes. Continued use of the Services following the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by applicable law.