Huge sales! Up to 70% Off Custom Mosaics & Free Shipping Over $50 Off All Artwork

General Conditions of Sales

Last updated: August 25, 2024

 

OVERVIEW

This website is operated by NumArt. Throughout the Website, the terms “we”, “us” and “our” refer to NumArt. NumArt offers this Website, including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or placing an order from this website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service, and our privacy policy. This includes, without limitation, accepting the terms relating to disclaimer or warranties, damage and remedy exclusions and limitations. If you do not agree to all the terms and conditions of this agreement or our privacy policy, whether in whole or in part, then please do not access the website or use any services or place an order. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Before You click on the “COMPLETE ORDER” button at the end of the ordering process, please carefully read these Terms and our Privacy Statement. By using this Website or placing an order through it, You are consenting to be bound by these Terms and our Privacy Statement. If You do not agree to all of the Terms and the Privacy Statement, do not place an order. You may contact us via the contact information provided on our “Contact Us” webpage on the Site or email us at info@num-art.com.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. Because these terms are subject to amendment, You should carefully read them prior to placing an order. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
If You have any questions about the Terms or the Privacy Policy, You may access our Website or contact us through our contact web form or email us at info@num-art.com.

NumArt SA is a registered company, registered address at P37H+R6G, Tangier, Morocco.

 

SECTION 1 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 2 – ONLINE STORE TERMS

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, or that you are 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 this Website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 3 – USE OF OUR WEBSITE

These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement from us. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them.

You agree that:
(1) you may only use the website to make legitimate inquiries or orders;
(2) you will not make any speculative, false, or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities;
(3) you also agree to provide correct and accurate e-mail, postal, and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement for more information on how we use your personal information);
(4) if you do not give us all of the information that we need, we may not be able to complete your order;
(5) you will not attempt to interfere or will not interfere in any way with the Website’s networks, or related network security, or attempt to use the Website’s service to gain unauthorized access to any other computer system;
(6) you will not use the Website to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity right of another person or entity;
(7) you will not use the Website to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, provincial, national, or international law or regulation; and
(8) by placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts. We may impose rules for, and limits on, use of the Website, or restrict your access to the Website, in whole or in part. We have the right to change these rules and/or limitations at any time, in our sole and absolute discretion.

 

SECTION 4 – HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this Website does not constitute an offer for sale but rather an invitation to bargain. No contract (“Contract”) in respect of the purchase of a product offered on the Website shall exist between you and us until your order has been accepted by us and we send you the order confirmation. If we do not accept your offer and funds have already been deducted from your account, the funds will be fully refunded.

To place an order, You will be required to follow the shopping process online and press the “Place Order” button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send You the Shipment Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other product(s) which may have been part of your order until the dispatch of such product(s) has been confirmed in a separate Shipment Confirmation.

For all purchases made through the Website, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

 

SECTION 5 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Website.

 

SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 7 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to cancel your order or give you information about substitute products of an equal or higher quality and value which You can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

 

SECTION 8 – REFUSAL OF ORDER

We reserve the right to withdraw any product from this Website at any time and/or remove or edit any materials or content on this Website at any time. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from this Website, whether it has been sold or not, removing or editing any materials or contents on this Website, or for refusing to process or accept an order after we have sent You the Order Confirmation. In addition, we may also terminate, change, suspend or discontinue any aspect of the Website.

 

SECTION 9 – CUSTOMIZATION

We are able to customize any photograph, creative artwork, or our mosaics by color, shape, size, and material used.

• Color Customization: Any color that is different from the color of the original work as listed on the product page is considered a customization.
• Shape Customization: Any shape that is different from the shape of the original work as listed on the product page is considered a customization.
• Size Customization: Any size that is different from the smallest size listed under the “Option Size” tab on the product page is considered a customization.
• Material Customization: Any material that is different from the material of the original work as listed on the product page is considered a customization.

When customization is requested, we’re committed to craft mosaic artworks that meet your expectations. Within the scope of work is a total of two (2) minor revision rounds. Any subsequent modification request will be considered out of the original scope and will be estimated and charged separately. Requested revisions should be reasonable and should remain within the original agreement and along the lines of the initial brief. Any major revision will be considered out of the original scope and will incur additional charges. Major revisions are any alterations that would require an excess of three (3) hours of work to complete. Minor revisions are any alterations that would require less than three (3) hours of work to complete.

It is our expectation that you will take a maximum of three (3) business days (excluding holidays, etc.) to review the work and provide feedback. An extension to the review period can be requested in writing but might impact the project’s timeline.

NumArt makes no claim that any artwork provided by the client belongs to the company. The client acknowledges and agrees that the artwork provided is free of any copyright or has been authorized by the copyright owner or trademark owner, its agent, or the law.

We reserve the right to reject any customization request.

 

SECTION 10 – YOUR RIGHTS TO CANCEL

If You are contracting as a consumer, You may cancel a Contract at any time within 10 calendar days, as of the confirmation of the dispatch of your order. In this case, You shall receive a full refund of the price paid for the products in accordance with our Returns Policy.

Your right to cancel a Contract only applies to products that are returned in the same condition as You received them. You should also include all of the products instructions, documents, and wrappings.

Any product which is damaged or not in the same condition as You received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.

Please take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents, and wrappings should be retained and used for the return of the products.

You will not have any right to cancel a Contract for the supply of any customized or modified mosaic artwork(s).

Cancelation Timeline:
(1) if You cancel a contract or request a chargeback from any approved payment provider (Credit Card(s), PayPay, Payoneer, Bank Transfer, etc…) within 24 hours of receiving an Order Confirmation, we will only refund You 80% of the money paid.
(2) if You cancel a contract or request a chargeback from any approved payment provider (Credit Card(s), PayPay, Payoneer, Bank Transfer, etc…) within 1 to 7 calendar days of receiving an Order Confirmation, we will only refund You 50% of the money paid.
(3) if You cancel a contract or request a chargeback from any approved payment provider (Credit Card(s), PayPay, Payoneer, Bank Transfer, etc…) 7 calendar days or more upon receiving an Order Confirmation, we will not refund You the money paid.

Further details of this statutory right and an explanation on how to exercise it are set out in Section 16 of these Terms and are summarized on the Dispatch Confirmation. This provision does not affect your statutory rights as a consumer.

 

SECTION 11 – DELIVERY

Subject to the provisions of Section 8 above and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within four (4) weeks of the date of the Shipment Confirmation. Customized or special items may take longer.

Reasons for delay could include:
(1) customization of products;
(2) specialized items;
(3) unforeseen circumstances; or
(4) delivery area;

At this time, we are unable to deliver to PO boxes as well as freight companies.

If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof. Please note, however, that we do not deliver on Saturdays or Sundays.

If for any reason whatsoever, we cannot meet the delivery date, you can’t cancel your order. If you do, no monies will be refunded to you.

For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address. We will consider delivery of a parcel that does not require a signature for delivery to have occurred upon confirmation from the delivery service that the parcel has been left at the agreed delivery address or otherwise as set forth in Section 6 of these Terms.

Notwithstanding the above, virtual gift cards will be delivered on the date indicated by you on the virtual gift card order and we will consider them to have been delivered on the date of delivery of such virtual gift card to the email address indicated by you on the order form.

 

SECTION 12 – UNABLE TO DELIVER

For signature required deliveries, we will make two (2) attempts to deliver your parcel before initiating a return. For the purposes these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to have been “delivered” upon receipt of the product(s) at the designated delivery address, upon signing for the product(s) (for signature required deliveries) at the designated delivery address.

If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day. Signature required orders which cannot be delivered will be returned to the warehouse.

 

SECTION 13 – RISK AND TITLE

The Product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to You when we receive full payment of all sums due in respect of the product(s), including delivery charges, or upon delivery (as defined in Section 11 above), whichever is the later.

 

SECTION 14 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 15 – PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our Website except where there is an error. While we take care to ensure that all prices and terms quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling the order. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

To the extent permitted by law, we are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. The total cost of an order is the price of the product(s) ordered plus the delivery charge (if applicable) and sales taxes (if applicable). Prices are subject to change at any time.

Sales tax is charged (if applicable) according to the shipping address of your order or as provided in applicable law and regulations.

We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.

We reserve the right to decline orders for bulk or high-value purchases and to change price and availability information without notice. Changes will not affect orders in respect of which we have already sent an Order Confirmation.

Once You have finished shopping all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
(1) click the “Shopping bag” button at the top of the page.
(2) click on the “PROCEED TO CHECKOUT” button.
(3) click the “Log In” button if you want to sign-in to your existing num-art.com customer account or click the “Process to Checkout” button if you want to check out as a guest or create a num-art.com customer account.
(4) fill-in or check your contact details, the details of your order, the delivery address, and the invoicing address.
(5) click “PROCEED TO ORDER REVIEW” button.
(6) select your shipping method, and fill in or confirm your contact details and the delivery address details. Click the “Continue” button.
(7) confirm the details and contents of your order, select the payment method, and fill in your payment and billing information.
(8) fill in your credit card details or click on the “PayPal” button. Check the box to accept these Terms and the Privacy Policy. Again, if you do not agree to these Terms and/or the Privacy Policy, do not place the order.
(9) click “PLACE ORDER” button.

Payment can be made by Visa, MasterCard, and American Express (‘Card(s)’) (either as credit or debit cards and PayPal. We use SSL protocol to ensure payment is made safely and your Card details will be encrypted to minimize the possibility of unauthorized access or disclosure. If payment is made by credit or debit card, upon receiving your order we will seek a pre-authorization on your card to ensure there are enough funds to complete the transaction. Authority for payment must be given at the time the order is made.

By clicking on the “Place Order” (or Authorize Payment) button, you are confirming that the credit card or debit card is yours. Credit and debit cards are subject to validation checks and authorization by the credit or debit card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery. The amount authorized by you will be charged upon confirmation of your order. If payment is made via PayPal the amount will be charged upon confirmation of your order.

Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

 

SECTION 16 – EXCHANGES/RETURNS POLICY

You have up to 5 calendar days after you have received your delivery to cancel your order provided you return it to us within 15 calendar days of the date of the Shipment Confirmation, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation, or Shipment Confirmation, and provided it is returned to us in the same condition as when you received it.

General policy: If You wish to return a product(s) within the period specified above, You can make a return to us at one of our designated warehouses as specified in our Returns and Refunds policies.

All conditions set in our “Returns and Refunds” policies should be met. Please see and follow the instructions in the “Returns and Refunds” section of our Website in order to begin the return process.

We are unable to accept returns of customized, modified or personalized mosaics.

Please note that following delivery of the order, if you exercise your right to return a product and you do not do so using the options offered in these Terms, we do not assume liability for the return package including returning to you any non-Numart return approved product, unless due to our own intentional or gross negligent acts.

Remember that you will always be responsible for the content of the return package. In the event that there is an error in the content of the return package that is not attributable to NumArt, we will be entitled to pass on to you any associated corresponding costs. Please note that we assume no liability for the return of any erroneous package and we may dispose of the same without any further liability.

If you wish to return defective products, you may do so in the manner described above for Returns. Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via email and within a reasonable period of time. We aim to process the refund as soon as possible and, in any case, within one (1) month of the date we confirmed to you via email that you are entitled to a refund. If so, we will refund the purchase price and applicable taxes using the method to make payment for the non-conforming product. NumArt WILL NOT refund the shipping cost.

You will be responsible for the cost of returning the product to us. If You return the goods to us at our expense, we will be entitled to charge You for the direct cost we might incur as a result. If You have any doubts you can contact us through our web form or by emailing us at info@num-art.com.

Use or include with the product being returned all original boxes, instructions/documents, and wrappings.

We will process your refund as soon as possible (and in any case, within 30 days of giving us notice of cancellation). We will refund any money received from you using the same method used to make payment. Refunds will be credited to your original method of payment and, except as otherwise set forth herein, will be equal to the cost of the goods plus applicable taxes. Except as otherwise set forth herein, shipping and handling charges are not refunded.

You should be aware that you are under an obligation to take reasonable care of the product(s) whilst they are in your possession. This means including all of the product(s) instructions, documents, and wrappings when returning the product(s) and returning the product(s) in the same condition as received. Failure to exercise such reasonable care may depending on the circumstances, give rise to a right of action against You for breach of statutory duty.

NumArt does not allow any exchange for its products.

Upon receipt of the product, we will fully examine it and notify You of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days from the day we confirmed to You via e-mail that You are entitled to a refund or replacement.

In circumstances where You consider that the product does not conform to the Contract at the time of delivery, You should promptly contact us via our web form or support email address with details of the product and its damage.

THE PROVISIONS SET OUT IN THIS CLAUSE 13 DOES NOT AFFECT YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR RIGHT TO CANCEL ORDERS UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS.

 

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

Our liability in connection with any Product purchased through our Website is strictly limited to the purchase price of that Product.

We publish information on the Website as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Website at any time without notice. We do not claim that the information in the Website or is appropriate to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions. We may also terminate, change, suspend or discontinue any aspect of the Site including, but not limited to, hours of availability of the Website, and we will not be liable to you or to any third party for doing so.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Nothing in these Terms shall exclude or limit in any way our liability:
(1) for death or personal injury caused by our negligence;
(2) for fraud or fraudulent misrepresentation;
(3) for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
(1) loss of income or revenue;
(2) loss of business;
(3) loss of profits or contracts;
(4) loss of anticipated savings;
(5) loss of data; and
(6) waste of management or office time.

Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.

All product descriptions, information, and materials posted on this Website are provided “as is” and without warranties express, implied, or otherwise howsoever arising.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE WEBSITE INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON THE WEBSITE WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS, OR CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, OR ANY OF ITS FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We make no warranties of any kind regarding any non-NumArt to which you may be directed or hyperlinked from the Website. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-NumArt sites. We do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Website.

IN NO EVENT SHALL NUMART, OR ITS AFFILIATES, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR RESPECTIVE CONTENT OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE AND THE CONTENT OR MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF NUMART OR ITS AFFILIATE OR THEIR RESPECTIVE REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

 

SECTION 18 – INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You from using this Website to the extent necessary to make a copy of any order or Contract details.

The Website including all of its information and contents such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, “Materials”), are the property of NumArt or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under laws. Except as otherwise provided on the Website, in these Terms you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Website, in whole or in part, for any public or commercial purpose without the specific prior written permission from NumArt. We grant you a personal, limited, non-exclusive, non-transferable license to access the Website and to use the information and services contained on the Website. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, the Materials on the Website as well as features and/or hours of availability of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.

As between you and NumArt (or any other person or company whose marks appear on the Website, NumArt (or the respective person or company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Website, and is the copyright owner or licensee of the Materials on the Website unless otherwise indicated. NumArt logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, “NumArt Intellectual Property”) are owned by NumArt and may be registered in Morocco, and internationally. You agree not to display or use the NumArt Intellectual Property in any manner without NumArt‘s prior permission. Nothing on the Website should be construed to grant any license or right to use any NumArt Intellectual Property without the prior written consent of NumArt.

Except as otherwise provided herein, use of the Website does not grant you a license to any Materials or features you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by NumArt. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Website including, without limitation, all Website design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website or to the extent necessary to make a copy of any order.

 

SECTION 19 – COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

If you believe a work on the Site constitutes an infringement of your copyright, trademark, or other intellectual property rights please provide us with a written communication containing the following information:
• evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
• a description of the copyrighted work or trademark that you claim has been infringed;
• description of where the alleged infringing material is located on the Website, including the permalink where the material is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or that you are authorized to act on the owner’s behalf; and
• your physical or electronic signature.

You may email us at info@num-art.com

 

SECTION 20 – WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic, including via text and chat messages and that such communication will be binding on you and NumArt. We will contact you by e-mail, text messages, or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

SECTION 21 – NOTICES

All notices given by You to us should be given to us via our web form or email. Subject to and as otherwise specified in Section 19 above, we may give notice to You at either the e-mail or postal address You provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

 

SECTION 22 – TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between You and us is binding on You and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge, or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.

 

SECTION 23 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 24 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 25 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

As part of your use of the Website and services offered on the Website, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including, but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Website. You hereby grant NumArt a right and worldwide license to use the Posted Content on the Website and to promote and advertise the Website and NumArt in any way and you hereby waive any moral rights to such Posted Content to the fullest extent permitted by law.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
• post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it;
• post any material that reveals a trade secret unless you own the trade secret or have the owner’s permission to post it;
• post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
• post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
• post any chain letter or pyramid scheme; or
• post any material that contains a virus, trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information.

NumArt does not represent or guarantee the truthfulness, accuracy, or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. NumArt does not confirm that each user is who he or she claims to be. NumArt exercises great effort to protect Posted Content from being misused. However, if misuse has occurred, neither NumArt nor its parent company, its affiliates, their respective content and service providers, or their respective directors, officers, employees, and agents will be liable in any way for such misuse. Because NumArt does not control the behavior of users or participants on the Website, in the event that you have a dispute with one or more such users, you hereby release NumArt, its parent company, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents from any actual and consequential, direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action or claims of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.

NumArt acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If NumArt becomes aware of any Posted Content that allegedly may not conform to these Terms, NumArt may investigate the allegation and determine in its sole and absolute discretion whether to take action in accordance with these Terms. NumArt has no liability or responsibility to users for the performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled, or deceptively labeled.

NumArt expects that you will use caution and common sense when using the Website, or Services.

NUMART HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST NUMART FOR SUCH REMOVAL AND/OR DELETION.

NUMART IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT, OR INFORMATION YOU POST ON THE WEBSITE.

We are happy to hear from our visitors and welcome your comments. Because of the large number of ideas and works that NumArt has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion, or submission that you may make through the Website is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion, or other material through this Website, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, NumArt by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas, or suggestions by NumArt.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 26 – BINDING NATURE AND ASSIGNMENT

These Terms, and our Privacy Policy are binding on you and us and on our respective heirs, successors, and assigns and, as indicated herein, are for the benefit of NumArt, its affiliates, their respective content and service providers, and their respective directors, officers, employees, and agents. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms, or our Privacy Policy without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms, and our Privacy Policy, or any of our rights or obligations arising under them, at any time.

 

SECTION 27 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

 

SECTION 28 – REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.

Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Website. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Website and services on the Website in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release NumArt, its parent company, its affiliates, their respective content and service providers, and their respective directors, officers, employees, and agents from any and all liability concerning such transactions or activity. You agree to notify NumArt immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. NumArt has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. NumArt will take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

 

SECTION 29 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

 

SECTION 30 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

 

SECTION 31 – EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event shall include any act, event, non-happening, omission, or accident beyond our reasonable control and shall include in particular (without limitation) the following:
(1) strikes, lock-outs, or other industrial action.
(2) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
(3) fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
(4) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
(5) impossibility of the use of public or private telecommunications networks.
(6) the acts, decrees, legislation, regulations, or restrictions of any government.
(7) any shipping, postal, or other relevant transport strike, failure, or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

SECTION 32 – WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.

 

SECTION 33 – INDEMNIFICATION

You agree to indemnify, defend and save NumArt and NumArt parent, subsidiaries, affiliates, partners, their respective content and service providers, and their respective officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any and all claims, liabilities, damages, demand, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Website, your violation of these Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

 

SECTION 34 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be invalid, unlawful, void, or unenforceable by any competent authority, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The remaining terms, conditions, and provisions will continue to be valid to the fullest extent permitted by law.

 

SECTION 35 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 36 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms of Service).

Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 37 – OUR RIGHT TO MODIFY THESE TERMS

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

You will be subject to the Terms and NumArt policies in force at the time that you order products from us or use the Website. Your use of the Website after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and NumArt policies in force at the time that you order products from us.

We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms, or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).

 

SECTION 38 – GOVERNING LAW

Any disputes arising out of or relating to these Terms, the Gift Card Terms, the Privacy Policy, use of the Website, the products sold on the Website, and the services offered via the Website shall be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. NumArt makes no claim that the Website may be lawfully viewed or that content may be lawfully downloaded.

Insofar as it is permitted under the applicable law of the province of your residence, you agree that any claim or cause of action arising out of or related to use of the Website, these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

SECTION 39 – MISCELLANEOUS

You acknowledge and agree that your use of the Website may involve you providing an “electronic signature” indicating your desire to use the Website. Your “electronic signature” indicates your acceptance of these Terms, and your consent to receive communications about these Terms electronically. If you wish to receive communications in another manner, you may contact NumArt at “Contact US” at www.num-art.com to change your communication preferences.

 

SECTION 40 – FEEDBACK

We welcome your comments and feedback. Questions about the Terms of Service should be sent to us at info@num-art.com

Last updated: August 25, 2024