Last Updated: May 14, 2025
Welcome to maloners.com ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website, maloners.com, and your purchase of artwork (including drawings, paintings, sculptures, prints, and mixed media). By accessing or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our website.
1. Use of the Website
- Eligibility: You must be at least 18 years old to make a purchase. By using the website, you represent that you meet this requirement.
- Account: If you create an account, you are responsible for maintaining the confidentiality of your username and password and for all activities under your account.
- Prohibited Conduct: You may not use the website to:
- Violate any laws or regulations.
- Infringe on intellectual property rights.
- Transmit harmful content, such as viruses or malware.
- Engage in fraudulent or deceptive behavior.
2. Artwork Purchases
- Product Descriptions: We strive to accurately describe and display artwork (e.g., dimensions, materials, colors). However, slight variations may occur due to lighting, screen settings, or the handmade nature of the art. All sales are subject to availability.
- Pricing: Prices are listed in USD and exclude shipping costs and applicable taxes, which will be calculated at checkout. We reserve the right to change prices without notice, but the price at the time of order confirmation applies.
- Payment: We accept payments via secure third-party processors (e.g., Stripe, PayPal). You agree to provide accurate payment information and authorize us to charge the total amount, including taxes and shipping.
- Order Confirmation: Orders are not binding until we send a confirmation email. We may cancel orders due to unavailability, pricing errors, or suspected fraud, with a full refund.
- Shipping: We ship worldwide from Oregon, USA. Shipping costs and estimated delivery times are provided at checkout. You are responsible for any customs duties, taxes, or fees imposed by your country. Risk of loss transfers to you upon delivery to the carrier.
- Returns and Refunds:
- Damaged or Defective Items: If artwork arrives damaged or defective, notify us within 7 days of delivery at info@maloners.com. We will provide a replacement or refund, including return shipping costs, upon receipt of the returned item.
- Change of Mind: We do not accept returns for change of mind due to the unique nature of the artwork, except as required by law (e.g., EU’s 14-day cooling-off period for distance sales). Contact us for details.
- Refunds, if approved, will be processed to the original payment method within 14 days.
3. Intellectual Property
- Ownership: All artwork, images, and content on Maloners.com are owned by us or our licensors and protected by copyright, trademark, and other laws. Purchasing artwork grants you ownership of the physical item, not the copyright or reproduction rights.
- Use Restrictions: You may not reproduce, distribute, or create derivative works from our content without written permission, except for personal, non-commercial use (e.g., sharing on social media with credit to maloners.com).
4. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, or consequential damages (e.g., lost profits) arising from your use of the website or purchase of artwork.
- Our total liability for any claim is limited to the amount you paid for the artwork.
- We do not guarantee uninterrupted or error-free access to the website.
5. Disclaimers
- Artwork is sold “as is,” subject to the return policy above.
- We are not responsible for delays or losses due to shipping carriers, customs processes, or events beyond our control (e.g., natural disasters).
6. Governing Law and Dispute Resolution
- Governing Law: These Terms are governed by the laws of the State of Oregon, USA, without regard to conflict of law principles.
- Disputes: Any disputes arising from these Terms or your use of the website will be resolved through negotiation. If unresolved, disputes will be settled in the state or federal courts of Multnomah County, Oregon. You agree to waive any objection to this venue.
- EU Residents: You may use the EU’s Online Dispute Resolution platform (ec.europa.eu/consumers/odr) for disputes.
7. Termination
We may suspend or terminate your access to the website if you violate these Terms or engage in harmful conduct, without prior notice.
8. Changes to These Terms
We may update these Terms to reflect changes in our practices or legal requirements. We will notify you of significant changes by posting the updated Terms on our website with a new “Last Updated” date. Continued use of the website constitutes acceptance of the updated Terms.
9. Contact Us
For questions about these Terms, contact us at:
10. Miscellaneous
- Severability: If any provision of these Terms is found invalid, the remaining provisions remain in effect.
- Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding the website.
- Waiver: Our failure to enforce any provision does not waive our right to enforce it later.