Terms and Conditions

Last updated: 11/16/2024

Welcome to clarestokolosa.com

This online store is owned and operated by:

Designs by Clare Stokolosa LLC

P:+15165324624 (Whatsapp and also USA phone number)
E:info@clarestokolosa.com

Please read through the terms and conditions (Agreement) carefully before placing your order. Any references to “Clare”or “Designs by Clare Stokolosa”, “clarestokolosa.com”, “We” “Our” “I” throughout this website should be taken as references to Designs by Clare Stokolosa LLC.

Thank you for visiting

By visiting this website and /or placing an order you agree to be bound by the terms and conditions set out below. Please also read our Privacy Policy regarding how we manage information provided by you.

Availability

Because this is one of a kind original art we cannot guarantee that an artwork will always be available. While we work to keep our inventory of paintings up to date, there is a possibility the item you have ordered may have been sold, although this is rare. In this unlikely event, we will refund you immediately and do our best to find a replacement artwork that you may wish to purchase in lieu of the original order.

Color

Paintings may vary slightly in color. Although we make every effort to display the colors accurately, we cannot guarantee that a device’s screen display of the colors accurately reflects the color of the painting. Your painting may vary slightly from the computer images.

Payment & Pricing

Purchases may be made by Visa, MasterCard, Discover, and American Express credit cards via PayPal, or WooCommerce through our online payment facility.

All prices

Prices listed on our website are correct at time of publication, however, we reserve the right to alter the prices for any reason.

All transactions are settled in US Dollars (US). If you are ordering from outside of The United States and your account details are held in a different currency, it will be automatically converted to US Dollars when you complete the transaction.

The final charge to your credit card is made in US Dollars and the conversion rate will be determined by your bank or card provider (who may also charge a small currency conversion fee). As such, we do not take responsibility if the final amount charged to your card differs slightly from the amount shown on the order receipt.

Import duties

Local import duties and taxes may apply in some countries when you receive your goods and payment of these costs, if applicable, will be the responsibility of the buyer.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, may not include any sales, use, value added tax (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”).

Intellectual Property

This website includes copyright material, images, trademarks and registered trademarks which are the property of Designs by Clare Stokolosa LLC. This material may only be used for the purposes of browsing our website and purchasing products. Permission will need to be granted if images or information is to be printed or copied for any other reason.

Limitation of Liability

To the maximum extent permitted by law, our liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at our option. Our exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity, even if we have been notified of the possibility of such loss or damage. You agree that our liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.

Disclaimers

Designs by Clare Stokolosa LLC reserves the right to change or withdraw artwork without notice and amend prices at any time. Information contained throughout the web pages is believed to be accurate and reliable at the time of publishing, however there may be misprints, human errors, and omissions.

Promotional Offers

We reserve the right to verify the validity of any promotional offer redeemed by you at any time. If we have reason to believe that there has been unauthorized use of a promotional offer or code, it is open to us to revoke the order and/or cancel your order at our company’s discretion.

Unforeseen Events

You acknowledge that in the event of any failure on our part to deliver goods or services resulting from events beyond our control and that are not reasonably foreseeable, we are released from any liability or obligation to fulfill contractual agreements. These events could include war, conflict, natural disasters, fire or flood, strikes or lack of delivery from a carrier due to unforseen circumstances.

Waiver

If we fail at any time to insist upon strict performance of any of your obligations under this Agreement, or fail to exercise any of the right to which we are entitled under them, this shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Jurisdiction

This Agreement is governed by the laws of the State of New York, exclusive of conflict of law principles. In the event of legal action arising out of these terms, New York County, State of New York, United States of America shall be the exclusive jurisdiction and venue for said action and all claims arising here shall be construed according to the laws of the state of New York, United States of America and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of The United States. While this Website may be accessed both in The United States and overseas, we make no representations that the content of the Website complies with any laws (including intellectual property laws) of any country outside of The United States. If you access the Website from outside the United States, you do so at your own risk and must comply with the laws in force in that country.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to clarestokolosa.com.
• Country refers to: New York, United States of America
• Service refers to the Website, Clarestokolosa.com.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement is maintained by the Terms and Conditions Generator.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to clarestokolosa.com, accessible from clarestokolosa.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

TERMINATION

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.

Returns And Exchanges

Please choose your purchase carefully as all Sales are final, with the exception of the following; That the item arrived damaged. In this case please send images of artwork and packaging and an explanation of the damage. Depending on the type of damage, the item will be repaired if it’s a minor damage, or returned for a refund if the damage to the artwork is not repairable.

• In the case of a return, shipping instructions will be provided to you. Please do not return artwork to the address it was sent from.
• In the event an item arrives damaged the customer shall contact the company no later than 10 days following the date of delivery.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if no purchase has been made by you through the service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” AND “AS AVAILABLE” DISCLAIMER

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company, prior to commencing legal action.

FOR EUROPEAN UNION (EU) USER

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if we have made them available to You on our Service.
You agree that the original English text shall be used in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

By using this site, you signify your acceptance of these terms and conditions.. If you do not agree to these terms and policy conditions please do not use the site.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us here at Clarestokolosa.com