Terms of Service

Effective Date: 25 September 2025
Last Updated: 25 September 2025

1. Overview

These Terms of Service govern your use of KomezArt's website and services. KomezArt operates as an online marketplace connecting customers with original artwork and premium print editions created by Rwandan artists.

By accessing our website or making a purchase, you agree to these terms. If you disagree with any provision, please discontinue use of our services.

2. Account Requirements

You must be at least 18 years old to make purchases. If you are under 18, a parent or legal guardian must complete the purchase on your behalf and accept full responsibility for the transaction. You are responsible for maintaining accurate account information and protecting your login credentials.

3. Products and Availability

Original Artwork

Original pieces are unique, hand-created works accompanied by certificates of authenticity. Each original is sold once and includes provenance documentation.

Print Editions

High-quality reproductions printed on premium materials. Print editions are produced on-demand and may have minor variations in color due to printing processes.

Availability

Product availability is updated in real-time based on artist communication. However, due to the nature of working with independent artists, occasional discrepancies may occur where artwork appears available but has already been sold through other channels. In such cases, we will immediately notify you and provide a full refund within 3-5 business days. We reserve the right to limit quantities, discontinue products, or restrict sales by geographic region as required by local regulations.

Commission Services

Custom artwork commissions require a separate agreement outlining scope, timeline, pricing, and approval processes. Commission deposits are non-refundable upon artist commencement of work. Final payment is due before delivery. Reasonable revisions are included; additional changes may incur extra fees.

4. Pricing and Payment

Currency

Prices are displayed in USD for international customers. Rwandan customers see and must remit payments in converted prices at official National Bank of Rwanda exchange rates.

Payment Methods

- International: Major credit cards, PayPal, Wise, Venmo, Zelle

- Rwanda: Bank transfer, MTN Mobile Money, major credit cards

Payment Processing

All transactions are processed securely through our payment partners. We may verify orders over $100 through email or phone contact.

Currency Exchange

For Rwandan customers, prices converted from USD at official National Bank of Rwanda rates are fixed at the time of order confirmation. Exchange rate fluctuations after confirmation do not affect the final price.

Gift Certificates

Digital gift certificates are available in any denomination. Certificates expire 6 months from the purchase date, are non-refundable, and may be used for multiple purchases until the balance is depleted.

5. Shipping and Delivery

International Shipping

Original artwork ships via DHL within 7-14 business days. Canvas works are shipped unframed in protective packaging to ensure safe transit and optimal shipping rates. Print editions are fulfilled through our global print network.

Rwanda Delivery

Local delivery available throughout Kigali with flat-rate pricing based on order value. Delivery takes 7-10 business days with direct coordination.

Risk of Loss

Title and risk of loss transfer to you upon delivery confirmation.

Damaged Items

Report damaged international shipments within 72 hours of delivery with photos and description. For local deliveries, report damage immediately upon delivery. We coordinate with carriers for resolution and replacement.

6. Returns and Exchanges

Original Artwork

Returns accepted within 7 days of delivery in original condition. Subject to 25% restocking fee plus return shipping costs. Customer must contact us at info@komezart.com before returning.

Print Editions

Final sale due to custom production nature.

Refund Processing

Approved refunds process within 14 business days to original payment method.

7. Intellectual Property

Artist Rights

All artwork featured remains the intellectual property of the creating artist. Artists retain full copyright to their original works.

Customer License

Purchase of original artwork transfers ownership of the physical piece only. Purchase of prints grants personal use rights only - no reproduction or commercial use permitted.

Platform Content

KomezArt website content, including text, images, and design elements, is protected by copyright and trademark law.

8. Prohibited Uses

You may not:

- Reproduce, distribute, or commercially exploit purchased artwork without permission

- Use our platform for any unlawful purpose

- Attempt to circumvent security measures

- Submit false information or misrepresent yourself

- Engage in fraudulent activities

9. User Content and Communications

Submissions

Any content you submit (reviews, comments, suggestions) may be used by KomezArt without compensation. You retain responsibility for the accuracy and legality of submitted content.

Communication

We may contact you regarding orders, account matters, and promotional offers. Marketing communications include opt-out options.

10. Disclaimers and Limitations

Service Availability

We strive for continuous service availability, but cannot guarantee uninterrupted access. Scheduled maintenance and updates may temporarily affect service.

Product Representation

We make every effort to accurately display colors and details, but variations may occur due to monitor settings and printing processes.

Errors and Omissions

Information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, sizes, pricing, availability, or shipping details. We reserve the right to correct errors and update information without prior notice, including after order submission.

Artistic Content Disclaimer

Artworks are created by independent artists and reflect their individual perspectives and interpretations. KomezArt does not endorse, verify, or control artistic content. Any resemblance to real persons, copyrighted works, or trademarked materials is the sole responsibility of the artist. KomezArt makes no representations regarding the originality or legal compliance of artistic works.

Limitation of Liability

KomezArt's total liability for any claim is limited to the purchase price of the specific product in question. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, data, or business opportunities, even if advised of such possibility.

11. Indemnification and Artist Warranties

Customer Indemnification

You agree to defend, indemnify, and hold harmless KomezArt from claims arising from:

- Your misuse of our services or violation of these terms

- Your violation of any rights of another party through your actions

- Any content you submit to our platform (reviews, comments, etc.)

Artist Responsibilities

Artists warrant that their submitted works:

- Are original creations or used with proper authorization

- Do not infringe copyright, trademark, or personality rights

- Do not contain defamatory or unlawful content. Artists indemnify KomezArt against claims related to their artistic content.

Content Removal

We reserve the right to remove artwork and terminate artist partnerships if works are found to violate intellectual property or personality rights. In such cases, customer purchases may be refunded at our discretion.

Your personal information is handled according to our Privacy Policy. We comply with applicable data protection laws and maintain appropriate security measures.

13. Dispute Resolution

Governing Law

These terms are governed by the laws of Rwanda.

Jurisdiction

Any disputes arising from these terms or your use of our services shall be resolved in the competent courts of Kigali, Rwanda. For international customers, disputes may alternatively be resolved through online arbitration services agreed upon by both parties.

Resolution Process

Disputes should first be addressed through direct communication with our customer service team. For unresolved matters, parties agree to good-faith negotiation before pursuing formal legal action.

14. Force Majeure

KomezArt shall not be liable for delays, failures, or inability to perform due to circumstances beyond our reasonable control, including but not limited to:

- Natural disasters, war, terrorism, or civil unrest

- Government actions, trade restrictions, or border closures

- Internet, telecommunications, or power outages

- Shipping carrier delays or service disruptions

- Artist illness or incapacity affecting commissioned works

During force majeure events, we will make reasonable efforts to minimize delays and communicate with affected customers. Time for performance shall be extended for the duration of such circumstances.

15. Artist Partnership Terms

Artwork Removal

If we determine that artist-submitted work violates intellectual property rights, personality rights, or platform policies, we reserve the right to immediately remove such works and terminate the artist partnership.

Pending Orders

For removed artwork with pending customer orders, we will provide full refunds at our discretion and work to source alternative works when possible.

16. Platform Operations

Third-Party Services

Our platform utilizes third-party services for payment processing, shipping, and website functionality. These services operate under their own terms and privacy policies.

Service Modifications

We may update our services, features, or policies with reasonable notice. Continued use constitutes acceptance of modifications.

17. Termination

Either party may terminate this agreement at any time. Upon termination:

- Outstanding orders will be fulfilled according to existing terms

- Account access will be discontinued

- Applicable provisions will survive termination

18. Accessibility

We strive to make our website accessible to all users. If you encounter accessibility barriers, please contact us at info@komezart.com so we can provide alternative access methods.

19. Contact Information

For questions regarding these terms:

- Email: info@komezart.com

- Address: 12 KN 48 Street, Kigali, Rwanda

20. Updates

We reserve the right to modify these terms as needed. Updated terms will be posted on our website with revision dates. Continued use following updates constitutes acceptance of new terms.

 

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