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TERMS & CONDITIONS

Last updated: [Insert Date]

These Terms and Conditions (“Terms”) govern access to and use of the website emiethem.art (the “Website”), operated by Emiethem Art (the “Artist”, “we”, “us”, or “our”), based in the Republic of Cyprus.

By accessing or using the Website, you agree to be legally bound by these Terms.

1. INTELLECTUAL PROPERTY RIGHTS (STRICT PROTECTION)

1.1 All artworks, images, designs, texts, and content (“Works”) are the exclusive intellectual property of the Artist and are protected under applicable laws.

1.2 All rights are expressly reserved. The Artist retains full ownership of all rights, including but not limited to:

  • Copyright

  • Reproduction rights

  • Distribution rights

  • Publication rights

  • Commercial and licensing rights

1.3 Purchase of any artwork transfers ownership of the physical item only, not intellectual property rights.

1.4 Strict Prohibition:
You may not, without prior written consent of the Artist:

  • Reproduce, copy, or duplicate any Work

  • Publish or display any Work (including on social media, websites, or marketing material)

  • Modify, adapt, or create derivative works

  • Use the Work for commercial purposes

  • Mint, tokenize, or use the Work in NFTs or digital assets

1.5 Unauthorized use constitutes infringement and may result in legal action, including damages and injunctive relief.

2. LIMITED LICENSE

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Website for personal, non-commercial purposes only.

3. PURCHASES, PAYMENTS & PRICING

  • Prices are listed in EUR (€) and may change without notice

  • Full payment is required before dispatch

  • The Artist reserves the right to cancel or refuse any order at its sole discretion

4. SHIPPING & DELIVERY

  • Delivery times are estimates only

  • Risk transfers to the buyer upon shipment

  • The Artist is not liable for courier delays, customs issues, or force majeure events

5. RETURNS & REFUNDS

  • All sales are final, except where required by law

  • Claims for damaged or incorrect items must be submitted within 5 days of delivery with supporting evidence

6. COMMISSIONS

  • Commissioned works are subject to a separate agreement

  • A non-refundable deposit is required before work begins

  • Copyright remains with the Artist unless explicitly agreed otherwise in writing

7. DISCLAIMER

All content and services are provided “as is” and “as available” without warranties of any kind.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law, liability is limited to the amount paid. The Artist shall not be liable for indirect, incidental, or consequential damages.

9. USER CONDUCT

Users agree not to misuse the Website or infringe any rights.

10. PROHIBITED USES

You may not use the Website or its content:

  • For any unlawful purpose

  • To infringe intellectual property rights

  • To upload malicious code or viruses

  • To scrape, copy, or extract data

  • To harass, abuse, or mislead others

  • To bypass or interfere with security features

11. PRIVACY

Personal data is processed in accordance with the General Data Protection Regulation (GDPR).

12. ERRORS & OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to cancel or update orders accordingly.

13. FORCE MAJEURE

The Artist shall not be liable for delays or failure due to events beyond reasonable control.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Artist from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:

  • Your breach of these Terms

  • Your misuse of the Website or Works

  • Your violation of any law or third-party rights

15. TERMINATION

The Artist reserves the right to terminate or suspend access to the Website or services at any time, without notice, for any breach of these Terms.

All obligations and liabilities incurred prior to termination shall survive termination.

16. SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Artist and supersede all prior agreements or communications.

18. GOVERNING LAW

These Terms are governed by the laws of the Republic of Cyprus.

19. CHANGES

The Artist reserves the right to update these Terms at any time. Continued use of the Website constitutes acceptance of any changes.

20. CONTACT

📧 info@emiethem.art
🌐 emiethem.art

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PRIVACY POLICY 

Last updated: [Insert Date]

This Privacy Policy explains how emiethem.art collects, uses, and protects your personal data in accordance with the General Data Protection Regulation (GDPR).

1. DATA CONTROLLER

Emiethem Art
Location: Republic of Cyprus
Email: info@emiethem.art

2. DATA WE COLLECT

We may collect:

  • Name

  • Email address

  • Shipping and billing address

  • Payment details (processed securely via third-party providers)

  • Website usage data (including cookies and IP address)

3. HOW WE USE YOUR DATA

Your data is used to:

  • Process and deliver orders

  • Communicate with you

  • Comply with legal obligations

  • Improve website performance

4. LEGAL BASIS FOR PROCESSING

We process your data based on:

  • Contractual necessity

  • Legal obligations

  • Legitimate interests

  • Consent (where applicable)

5. DATA SHARING

We may share your data with:

  • Payment providers (e.g. PayPal)

  • Shipping and courier companies

  • Website hosting providers

We do not sell your personal data.

6. DATA RETENTION

We retain personal data only as long as necessary for legal, accounting, and operational purposes.

7. YOUR RIGHTS

Under GDPR, you have the right to:

  • Access your data

  • Request correction

  • Request deletion (“right to be forgotten”)

  • Restrict processing

  • Object to processing

  • Data portability

  • Withdraw consent at any time

8. COOKIES

The Website may use cookies to improve functionality and user experience. You can manage or disable cookies through your browser settings.

9. DATA SECURITY

We implement appropriate technical and organizational measures to protect your personal data.

10. THIRD-PARTY LINKS

We are not responsible for the privacy practices of third-party websites.

11. COMPLAINTS

You have the right to lodge a complaint with the competent supervisory authority in Cyprus.

12. CONTACT

📧 info@emiethem.art
🌐 emiethem.art

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LEGAL NOTICE

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This Legal Notice governs the use of the website emiethem.art (the “Website”), operated by Emiethem Art (the “Artist”), based in the Republic of Cyprus.

By accessing or using this Website, you acknowledge that you have read, understood, and agree to the terms outlined in this Legal Notice.

1. ORIGIN OF ARTWORKS

All artworks available on this Website are created, curated, and sold by Emiethem Art, based in the Republic of Cyprus, unless otherwise explicitly stated.

2. HARMONIZED SYSTEM (HS) CODE

Artworks sold through this Website are generally classified under the Harmonized System (HS) code:

9701.91.00 – Original paintings, drawings, and pastels.

This classification is used for customs and international shipping purposes. The applicable code may vary depending on the specific nature of the artwork.

3. IMPORT DUTIES AND TAXES

For international orders, customers may be subject to import duties, taxes, or other charges imposed by the destination country.

  • These charges are not included in the purchase price

  • They are the sole responsibility of the customer

  • Charges vary depending on local customs regulations

Customers are advised to consult their local customs authorities prior to purchase.

4. AUTHENTICITY & DESCRIPTION ACCURACY

We make every effort to ensure that all artworks are accurately described, including images, dimensions, and specifications.

However:

  • Colors may vary slightly due to screen settings

  • Each artwork is unique and may present minor variations

  • All artworks are sold as described at the time of purchase

If you require further clarification, please contact us prior to purchase.

5. COPYRIGHT & INTELLECTUAL PROPERTY

All artworks and content displayed on this Website are protected by applicable intellectual property laws.

  • Copyright remains exclusively with the Artist

  • No rights are transferred upon purchase, except ownership of the physical artwork

It is strictly prohibited, without prior written consent, to:

  • Reproduce, copy, or distribute any artwork

  • Publish or display artworks (including online or social media)

  • Use artworks for commercial or promotional purposes

Any unauthorized use may result in legal action.

6. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

  • The Artist shall not be liable for any direct or indirect damages arising from the use, purchase, or display of artworks

  • The Artist does not guarantee that artworks will meet subjective expectations

  • Minor variations between images and actual artworks do not constitute defects

7. WEBSITE USE

Users agree to use the Website in a lawful manner and not to:

  • Violate any applicable laws

  • Infringe intellectual property rights

  • Attempt unauthorized access to systems

  • Interfere with the Website’s functionality

8. MODIFICATIONS

The Artist reserves the right to update or modify this Legal Notice at any time without prior notice.

Continued use of the Website constitutes acceptance of any updated terms.

9. GOVERNING LAW

This Legal Notice is governed by the laws of the Republic of Cyprus.

10. CONTACT INFORMATION

For any legal inquiries or assistance:

📧 info@emiethem.art
🌐 emiethem.art

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