WELCOME TO THE TERMS OF SERVICE

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. PLEASE READ IT BEFORE USING THE WEBSITE OR SERVICES.

1. OVERVIEW

1.1 By accessing and using the Website and Services (as defined below) you agree to be bound by this Terms of Service (“Agreement”) and our Privacy Policy. You represent that (i) Your access to and use of the Website and Services will be in accordance with this Agreement and all applicable laws, rules, and regulations, and (ii) You are of at least 18 years of age and with the legal capacity to enter into a binding contract. If you do not agree to this Agreement and the Privacy Policy, you are not authorized to access or otherwise the Website and Services.

1.2 The Terms of Service (“Agreement”) is entered into by and between Love x Cross Studio, hello@lovexcrossstudio.com, and you, and is made effective as of the date your use of the lovexcrossstudio.com (“Website”) or the date of electronic acceptance. This Agreement sets forth the general terms of service of your use of the Website and of the products and services purchased or accessed through the Website and (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

1.3 The terms “we”, “us” or “our” shall refer to Love x Cross Studio. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Website and Services. The Agreement is legally binding between you and Love x Cross Studioand together with any documents incorporated herein by reference, and governs your access and use of the Website, whether accessed via desktop, tablet, or mobile. The Website is comprised of various web pages hosted by Squarespace, Inc. They provide us with an online e-commerce platform that allows us to sell our Services to you. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1.4 We may change the Agreement from time to time, at any time without notice to you (except where prohibited by applicable law), by posting such changes on the Website. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.It is your responsibility to periodically check the Agreement. You will know if the Agreement has been revised since your last visit to the Website by referring to the “Last Modified” date at the bottom of this page. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Website or Services.

1.5 LOVE X CROSS STUDIO RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OR FUNCTIONALITY OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

2. ELIGIBILITY

2.1 The Website and Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law). By using this Website and Services, you represent, acknowledge, and agree that you are (i) at least 18 years of age and (ii) have the legal authority to form legally binding contracts under applicable law, (iii) are not a person barred from purchasing or receiving the Services found under the law of the United States or other applicable jurisdiction. You represent and warrant that you have read, and understand the data collection and use practices outlined in the Privacy Policy.

2.2 We may change our eligibility criteria to use the Website and Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Website and Services in that jurisdiction).

2.3 If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind the such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by Love x Cross Studio to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we reserve the right (but undertake no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not authorized by you.

3. CONTENT ON THE SERVICES; INTELLECTUAL PROPERTY RIGHTS

3.1 The contents of the Services, including the Website, are intended for your personal, noncommercial use. All materials published or available on the Website and Services (including, but not limited to artwork (unsold, sold, and commissioned, noncommissioned original paintings, exclusive limited-edition or non-exclusive prints), text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by Love x Cross Studio or the party credited as the provider of the Content. Love x Cross Studio also owns the copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website and Services.

3.2 The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights, and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer, sale, or resale of, reproduce (except as provided in Section 3.3 of this Agreement), create derivative works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including the Website) in whole or in part.

3.3 You may only reproduce artwork if you have purchased the full or partial rights to the artwork in addition to purchasing the original painting. If you own an original painting and would like to discuss purchasing further rights or displaying the work in a public space, refer to Contact Form on the Website. You may purchase and download the Content and other downloadable items displayed on the Website and Services for your noncommercial,personal use only, provided that you maintain all copyright and other notices contained therein. Copying, reproducing, or storing of any Content for other than use is expressly prohibited without prior written permission from Love x Cross Studio.

3.4 If you use the content of the Services listed in 3.1 which includes Content in a third-party publication, it must come with attribution and permission from the artist (artwork title, artist’s name).

4. USER-GENERATED CONTENT

4.1 Some of the features of this Website and Services, including those Services that are hosted with Love x Cross Studio may allow Users to submit materials either through the Website and Services. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Website and Services, by e-mail, or in any other way. Any information, reviews, product recommendations, creative works, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us ("User Content") will be deemed not to be confidential or secret and may be used by us in any manner consistent with the relevant Love x Cross Studio’s Privacy Policy. By submitting or sending User Content to us, you: (a) represent and warrant that you have all the necessary rights to distribute User Content because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in User Content have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use User Content for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time.

4.2 You acknowledge and agree that your User Content is entirely voluntary, does not establish a confidential relationship or obligate Love x Cross Studio to either express or implied, to respond, develop, or use your User Content, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content, and that Love x Cross Studio may be working on the same or similar content, or it may already know of such content from other sources, and it may simply wish to develop this (or similar) content on its own, or it may have taken/will take some other action.

4.3 You shall be solely responsible for any and all of your User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

4.4 All User Content submitted through your Account shall abide by all provisions of this Agreement.

5.PROHIBITED USES

5.1 You acknowledge and agree that:

(i) You shall not access or use, or attempt to access or use, the Website and Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights.

(ii) You shall not access or use, or attempt to access or use, the Website and Services to take any action that could harm us or a third party.

(iii) You shall not use the Website and Services in violation of applicable local, state, national, provincial, and international laws, rules, and regulations.

(iv) You shall not solicit others to perform or participate in a manner that is illegal or promotes illegal activity.

(v) You further agree that you shall not attempt (or encourage or support anyone else's attempt) to use services, software, or any manual or automatic device tool, or process designed to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and Services, or any content thereof, or make any unauthorized use thereof, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Website and Services.

(vi) You shall not infringe upon or violate our intellectual property rights or the intellectual property of others.

(viii) You shall not threaten, spam, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(ix) You shall not upload, distribute or otherwise publish on to the Website and Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

(x) You shall not submit false or misleading information knowingly and with intent to defraud.

(xi) You shall not use robots, spiders, scripts, service, software, or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Website and Services, or otherwise access or collect the Content, data or information from the Services using automated means.

(xii) You shall not upload, distribute, or otherwise publish on to the Website and Services any malware, viruses, spyware, or other malicious software or files to the Website and Services.

(xiii) You shall not collect, track, or sell the personal information of others for any purpose whether noncommercial or commercial.

(ix) You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation, or status, including submitting a false email address.

(xvi) You shall not do anything that could disable, damage, or change the functioning or appearance of the Website and Services, including the presentation of advertising.

(xvii) You shall not use automated means to upload, distribute or otherwise publish any of, the Services or any content.

5.2 Engaging in a prohibited use of the Website and Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the User and those assisting the User. If in our sole discretion, determine that any conducted activity is fraudulent, we reserve the right to take any necessary legal action and you may be liable for monetary losses to Love x Cross Studio including litigation costs and damages.

6.REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES (US USERS)

6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE WEBSITE AND SERVICES ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE WEBSITE AND SERVICES IS AT THE USER’S OWN RISK. To the maximum extent permitted by applicable law, the expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the user from the owner or through the Website or Services will create any warranty not expressly stated herein.

6.2 Without limiting the foregoing, Love x Cross Studio, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Website and Services will meet Users’ requirements; that the Websites and Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website and Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website and Services is downloaded at User’s own risk and Users shall be solely responsible for any damage to the User’s computer system or mobile device or loss of data that results from such download or Users’ use of the Website and Services.

6.3 LOVE X CROSS STUDIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS AND SERVICES.

6.4 THE WEBSITE AND SERVICES MAY BECOME INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH USERS’ WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. WE CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM SERVICE CONTENT, OPERATION, OR USE OF THIS SERVICE. FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS. THIS AGREEMENT GIVES USERS SPECIFIC LEGAL RIGHTS, AND USERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

6.5 WE TRY OUR BEST TO ENSURE THAT THE WEBSITE AND SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE, CORRECT, AND DISPLAYED AS ACCURATELY AS POSSIBLE IN REGARD TO PRICING DESCRIPTIONS, AVAILABILITY, PROMOTIONS, OFFERS, PRICING, AND IMAGES LISTED ON OUR SERVICES. WE CANNOT GUARANTEE THAT YOUR COMPUTER, TABLET, OR MOBILE DEVICE’S DISPLAY OF COLOR WILL BE ACCURATE NOR WILL WE BE HELD LIABLE FOR THE PURCHASE OF ARTWORK THAT APPEARS DIFFERENT ON THOSE DEVICES.

6.6 Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

6.7 You represent warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless Love x Cross Studio and all officers, directors, owners, agents, co-branders, partners, suppliers, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of

  • User’s use of and access to the Service, including any data or content transmitted or received by User;

  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

  • User’s violation of any statutory law, rule, or regulation;

  • Any content that is submitted from User’s account, including third-party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

  • User’s wilful misconduct; or statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

6.8 To the maximum extent permitted by applicable law, in no event shall Love x Cross Studio and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

  • any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Website and Services; and

  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Websites and Services or User account or the information contained therein;

  • any errors, mistakes, or inaccuracies of content;

  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

  • any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;

  • any interruption or cessation of transmission to or from the Website or Services;

  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website or Services;

  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall Love x Cross Studio, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to Love x Cross Studio, LLC hereunder in the preceding 12 months, or the period of duration of this agreement between Love x Cross Studio, LLC and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

6.9 WE ARE NOT LIABLE FOR SERVICES ONCE THEY HAVE BEEN SHIPPED. WE WILL NOT REFUND, EXCHANGE, REPLACE, OR COMPENSATE BY ANY MEANS OF SERVICES THAT HAVE BEEN DAMAGED BY CUSTOMERS. PLEASE READ PRODUCT DESCRIPTIONS THOROUGHLY AND CAREFULLY. WE WILL NOT COMPENSATE CUSTOMERS WHO DO NOT READ THE INFORMATION PROVIDED IN THE SERVICE DESCRIPTION BEFORE PURCHASING.

6.10 WE RESERVE THE RIGHT TO CANCEL OR LIMIT THE SALES OF OUR SERVICES TO ANY PERSON, GEOGRAPHIC REASON, OR JURISDICTION WITHOUT PRIOR NOTICE (INCLUDING AFTER PURCHASE). WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BUSINESS. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY SERVICES THAT WE OFFER. ALL DESCRIPTIONS OF OFFERED SERVICES INCLUDING PRICING OF SERVICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AT THE SOLE DISCRETION OF US. WE DO OUR BEST FOR THE SERVICES PURCHASED TO MEET YOUR EXPECTATIONS, HOWEVER, WE DO NOT WARRANT THAT THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

6.11 IN NO EVENT WILL LOVE X CROSS STUDIO, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS, AND LICENSORS (“LOVE X CROSS STUDIO PARTIES") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE "EXCLUDED DAMAGES"). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE LOVE X CROSS STUDIO PARTIES' HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE LOVE X CROSS STUDIO PARTIES LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

6.12 If you are an EU Consumer, we will ensure that the delegation, transfer, or assignment does not adversely affect your rights under this Agreement.

7. TERMS AND CONDITIONS OF SALE

7.1 PAID PRODUCTS. Some of the Products provided on this Website, as part of the Services, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

7.2 PRODUCT DESCRIPTION. Prices, descriptions, or availability of Products are outlined in the respective sections of this Website and are subject to change without notice. While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, and sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. Slight variations may occur due to the nature of handmade or original artwork. The characteristics of the chosen Product will be outlined during the purchasing process.

7.3 PURCHASING PROCESS. Any steps needed from Product choice to order submission, form part of the purchasing process. The purchasing process includes these steps:

  • Users must indicate the desired Product or Service by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.

  • Within the purchase selection, Users may review their purchase selection, and modify, remove, or add items.

  • Users will use the checkout button to be redirected to the checkout view.

  • Within the checkout view, Users are required, through consecutive steps, to specify their contact details, billing and shipping address, and a shipping and payment method of their choice.

  • Within the checkout view, Users might also have the option to provide additional instructions and information (for instance, “the order is a gift”, or “require signature at delivery”).

  • During the purchasing process, Users may, at any time, modify, correct or change the information provided, and add a gift card, referral code, or discount code (Coupon) or altogether abort the purchasing process with no consequence.

  • After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on this Website, hereby accepting these Terms and committing to pay the agreed-upon price.

7.4 ORDER SUBMISSION. When the User submits an order, the following applies:

  • The submission of an order determines the contract conclusion and therefore creates for the User the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.

  • In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications, or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

7.5 PRICES. Users are informed during the purchasing process and before order submission, about any fees, taxes, and costs (including, if any, delivery costs) that they will be charged. Prices on this Website are displayed:

  • excluding any applicable fees, taxes, and costs.

7.6 OFFERS AND DISCOUNTS. The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website. Offers and discounts are always granted at our sole discretion. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to our time zone (Eastern Standard Time), as indicated by our location in this Agreement.

7.7 COUPONS. Offers or discounts can be based on Coupons. If a breach of the conditions applicable to Coupons occurs, we can legitimately refuse to fulfill its contractual obligations and we expressly reserve the right to take appropriate legal action to protect our rights and interests. Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed on the corresponding information page or on the Coupon itself shall always prevail. Unless otherwise stated, these rules apply to the use of Coupons:

  • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;

  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;

  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;

  • A Coupon cannot be applied cumulatively;

  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;

  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;

  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting, and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

7.8 METHODS OF PAYMENT. Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Website. All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If a payment through the available methods fails or is refused by the payment service provider, we shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, we reserve the right to claim any related expenses or damages from the User.

7.9 PAYMENT OF PRICE IN INSTALLMENTS. The payment of the purchase price may be settled in two or more installments, within the deadlines specified on this Website or otherwise communicated by us. Specific Products may be excluded from this payment model. If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.

7.10 RETENTION OF PRODUCT OWNERSHIP. Until payment of the total purchase price is received by us, any Products ordered shall not become the User’s property.

7.11 RETENTION OF RIGHTS. Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner. Ownership of the purchased product is restricted to PERSONAL NONCOMMERCIAL USEONLY. Purchase of artwork does not mean purchase of rights to the artwork. If you own an original painting and would like to discuss purchasing further rights or displaying the work in a public space, refer to Contact Form on the Website.

7.12 DELIVERY. Deliveries are made to the address indicated by the User and in the manner specified in the order summary. Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged. Delivery times are specified here or during the purchasing process.

Unless otherwise specified on this Website or agreed with Users, Products shall be delivered within thirty (30) days from purchase excluding original and commissioned artwork due to the nature of the product.

7.13 FAILED DELIVERY. We cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User. If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to us, and we will contact the User to schedule a second delivery attempt or to agree on the future course of action. Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

7.14 DELIVERY OF DIGITAL CONTENT. Unless otherwise stated, digital content purchased on this Website is delivered via download on the device(s) chosen by Users. Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards. Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space. Due to the nature of digital content, it is non-refundable.

7.15 PERFORMANCE OF SERVICES. The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.

8. FEES AND PAYMENTS

8.1. We reserve the right at any time to charge fees for access to portions of the Website and Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. All new fees, if any, will be posted prominently on the Website and Services. You shall pay all fees and applicable taxes (including but not limited to shipping and handling costs, import taxes applicable to your country if outside the United States), and charges effect at the time a fee or charge is due and payable, including, but not limited to charges for any digital products or services offered for sale through the Website and Services by us. All fees and charges shall be billed to and paid for by you.

8.2 If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and a copy of a recent bank statement for the credit card or debit card for purchase. We reserve the right to change Services and the pricing of Services at any time. 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, debit 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.

8.3 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 on our Website and Services. 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. You must immediately notify us if you know or have any reason to suspect that your credit card or debit card been stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.

8.4 We use third-party payment processors of Stripe (a “Payment Processor”) to bill you through a payment linked to your purchase. The processing of payments and your payments will be subject to the terms of service, conditions, and privacy policies of the Payment Processor, in addition to this Agreement and Privacy Policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide at checkout. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

8.5 If you have questions about a payment made to us, we encourage you to contact hello@lovexcrossstudio.com before filing a chargeback. We reserve our right to dispute any chargeback. Any chargeback deemed fraudulent will be reported to major credit reporting agencies.

9. RETURNS AND REFUNDS

9.1 Original and Commissioned Artwork are final sale. Cancellations, exchanges, and refunds are not available at this time.

9.2 Prints are available for Refund and Exchanges (Depending on Stock on Hand).

9.3 For more information regarding how we handle returns and refunds, please view our Return and Refund Policy.

9.4 For EU USERS please read below regarding your Refund Rights.

10. REFUND RIGHTS FOR EU USERS

10.1 RIGHT OF WITHDRAWAL. Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

10.2 WHO THE RIGHT OF WITHDRAWAL APPLIES TO. Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification cannot benefit from the rights described in this section.

10.3 EXERCISING THE RIGHT OF WITHDRAWAL. To exercise their right of withdrawal, Users must send Love x Cross Studio an unequivocal statement of their intention to withdraw from the contract. This can be done via the Contact Form or email via hello@lovexcrossstudio.com. To this end, Users may use the model withdrawal form available from within the “SECTION 19” of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

  • Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.

  • Regarding the purchase of several goods ordered together, but delivered separately or in case of the purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

10.4 EFFECTS OF WITHDRAWAL. Users who correctly withdraw from a contract will be reimbursed by Love x Cross Studio for all payments made to us, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by us, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which we are informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement. Unless Love x Cross Studio has offered to collect the goods, Users shall send back the goods or hand them over to Love x Cross Studio or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract. The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-day period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest. Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics, and functioning.

Once goods have been received, within 72 hours from the date of delivery, and at our discretion, we will promptly send you a replacement or issue you a full refund to the original form of payment after you have returned the damaged or defective product. Items damaged due to customer abuse or negligence will not be accepted. You will not be charged any additional shipping fees for replacement items.

The costs of returning the goods are borne by the User.

10.5 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL. The right of withdrawal does not apply to contracts: For the supply of goods made to the consumer’s specifications or otherwise clearly personalized; for example commissioned artwork. This also applies, if the User visibly damaged the good/artwork prior to return.

10.6 LEGAL GUARANTEE OF CONFORMITY FOR GOODS UNDER EU LAW. Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality, or characteristics for at least two years after they’ve been delivered to the purchaser. Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on this Website in accordance with the laws of the country of their habitual residence.

  • National laws of such countries may grant such Users broader rights.

  • Consumers who do not qualify as European may benefit from a legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

11. THIRD-PARTIES

11.1 The Website and Services may use third-party services or contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). Love x Cross Studio does not warrant, control, endorse, sponsor, recommend, or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.

11.2 Some of the links on the Website and Services may be “affiliate links”. This means if you click on the link and purchase an item, Love x Cross Studio will receive an affiliate commission. We are not responsible for examining or evaluating, these third parties and we do not warrant the offerings of, any third parties or the content of their resources.

11.3 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.

12. GOVERNING LAW; JURISDICTION

12.1 This Agreement has been made and shall be construed and enforced in accordance with the laws of the United States and the State of Florida as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).

12.2 However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, much higher standards shall prevail.

12.3 Any claim or cause of action arising out of or related to the use of the Website and Services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with this Agreement will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

12.4 The above does not apply to any Users who qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

13. SEVERABILITY

13.1 If a provision of this Agreement is held invalid or unenforceable for any reason, that provision will be deemed severable and shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected and such provisions shall remain in full force and effect.

14. FOR US USERS

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

15. FOR EU USERS

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

16. AMICABLE DISPUTE RESOLUTION (US USER)

16.1 Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact us at the contact details provided in this document.

16.2 The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to our email address specified in this document. We will process the complaint without undue delay and within 14 days of receiving it.

17. ONLINE DISPUTE RESOLUTION (EU CONSUMERS)

17.1 The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts. As a result, any European Consumer or Consumer-based in Norway, Iceland, or Liechtenstein can use such a platform for resolving disputes stemming from contracts that have been entered into online. The platform is available here.

18. MISCELLANEOUS

18.1 This Agreement has been made in and shall be construed and enforced in accordance with Washington law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the State of Washington.

18.2 Nothing in this Agreement will serve to preempt the promises made in our Privacy Policy.

18.3 You agree to report any violations of this Agreement to Love x Cross Studio as soon as you become aware of them. In the event you have a claim of copyright infringement (Services offered by Love x Cross Studio, LLC on third-party sites not affiliated with us) please notify hello@lovexcrossstudio.com

18.4 Any User found to violate the provisions set forth in this Agreement and through means of the Contact Form, Instagram Profile (@elianachavarria_art), or anywhere on Love x Cross Studio can and will be removed from the Website and Services with no reimbursement.

18.5 Unless otherwise specified herein, this agreement constitutes the entire Agreement between the User and Love x Cross Studio, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Love x Cross Studio. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English. 

19. EXAMPLE WITHDRAWAL (EU CONSUMERS)

Addressed to:

Love x Cross Studio- 4250 Aurora Avenue N., Seattle, WA, 98103 hello@lovexcrossstudio.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

Ordered on: ______________________________(insert the date)

Received on: ______________________________(insert the date)

Name of consumer(s):_______________________

Address of consumer(s):_______________________________

Date: _________________________________________

(sign if this form is notified on paper)

20. NO WAIVER

20.1 Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

21. SERVICE INTERRUPTION

21.1 To ensure the best possible service level, Love x Cross Studio reserves the right to interrupt the Website and Services for maintenance, system updates, or any other changes, informing the Users appropriately. Within the limits of the law, Love x Cross Studio may also decide to suspend or terminate the Website and Services altogether. If the Website and Services are terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Website and its Services might not be available due to reasons outside the Love x Cross Studio’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).

22. PRIVACY POLICY

To learn more about the use of their Personal Data, Users may refer to the Privacy Policy of this Website.

23.FURTHER INQUIRIES

All communications relating to the use of this Website must be sent using the contact information stated in this document.

You may direct questions about this Agreement or other issues, to:

Love x Cross Studio
4250 Aurora Avenue N. Seattle, WA 98103
hello@lovexcrossstudio.com

Last Modified: 27th of April, 2026