Terms of service
This website and online store are operated by Aviorart. Throughout the site, “Aviorart,” “we,” “us,” and “our” refer to Aviorart. We provide this website and the related information, content, features, tools, products, and services (collectively, the “Services”) to you subject to these Terms of Service (“Terms”).
Our store is hosted by Shopify, which provides the ecommerce platform used to offer the Services. Purchases made through our store are transactions directly between you and Aviorart, not between you and Shopify.
By visiting, accessing, or using the Services, or by placing an order, you agree to these Terms and to the policies incorporated by reference, including our Privacy Policy, Shipping Policy, and Return, Refund & Cancellation Policy. If you do not agree, do not use the Services.
1. Eligibility and Account Information
You must be at least the age of legal majority in your place of residence, or use the Services with the permission and supervision required by applicable law.
You agree to provide current, complete, and accurate account, billing, payment, contact, and shipping information. You are responsible for maintaining the confidentiality of account credentials and for activity conducted through your account. Notify us promptly if you suspect unauthorized access.
You may not use the Services or our products for an unlawful or unauthorized purpose.
2. Hand-Painted Products
Each painting is individually hand-painted. Product photographs and reference images communicate the intended design, style, color direction, and composition, but a hand-painted work will not be an exact mechanical copy. Reasonable differences in brushwork, paint blending, surface texture, dimensions, composition, and artistic interpretation are inherent in handmade artwork and are not defects.
Colors and appearance may also vary because of screen settings, photography, lighting, wall color, and surrounding décor. We make reasonable efforts to present products accurately, but we cannot guarantee that a device display will reproduce every color or texture precisely.
Product descriptions, dimensions, availability, prices, and specifications may be corrected or updated at any time. We may discontinue a design or limit sales by customer, region, or quantity. Changes do not affect orders we have already accepted except where necessary to correct an obvious error, comply with law, or as agreed with you.
3. Customized Artwork and Customer Materials
You may ask us to alter a listed design or create artwork using your photo, concept, text, specifications, or other materials (“Customer Materials”). We may decline a request that is unlawful, unsafe, discriminatory, defamatory, obscene, exploitative, or likely to infringe another person’s rights.
By submitting Customer Materials, you represent that:
- you own them or have all permissions necessary for Aviorart and the assigned artist to use them to evaluate, create, revise, and deliver your order;
- their use for your order will not infringe copyright, trademark, privacy, publicity, contractual, or other rights; and
- the information and instructions you provide are accurate and lawful.
You retain the rights you hold in your original Customer Materials. You grant Aviorart and the assigned service providers a limited, worldwide license to copy, adapt, transmit, and use those materials only as reasonably necessary to quote, create, revise, fulfill, support, and document your order; prevent fraud; resolve disputes; and comply with law. We will not publicly use identifiable customer photos for marketing without separate permission.
Selecting options listed on a standard product page does not necessarily make an order customized. The definition and return rules for customized artwork are stated in our Return, Refund & Cancellation Policy.
4. Preview, Revisions, and Approval
Before dispatch, we will send a photo preview to the email address or contact details associated with the order. You may request reasonable adjustments that remain within the original order specifications. A material redesign, new subject, different size, changed composition, or other out-of-scope request may require additional payment and production time. We will seek your agreement before undertaking chargeable extra work.
We will not dispatch the artwork until you approve the final preview. You are responsible for monitoring the contact method supplied with your order, including spam or junk folders. Any time spent waiting for information, feedback, or approval is excluded from production and delivery estimates.
Your final approval confirms that the visible artistic characteristics in the preview are acceptable to you. It does not waive rights relating to shipping damage, hidden defects, a product that materially differs from the approved preview, or any other non-excludable consumer right.
5. Orders and Acceptance
Submitting an order is an offer to purchase. An automated order confirmation acknowledges receipt but does not necessarily mean we have accepted the order. We may verify payment, address, product specifications, custom instructions, or suspected fraud before acceptance.
We may reject or cancel an order for a legitimate reason, including an obvious pricing or description error, unavailable materials or artist capacity, an unsupported delivery destination, suspected fraud, prohibited Customer Materials, or a legal requirement. If we cancel after receiving payment, we will refund the amount paid for the canceled item, including any applicable shipping charge, to the original payment method.
We may limit or cancel quantities that reasonably appear to be placed by dealers, resellers, distributors, or automated systems unless we have agreed to the order in writing.
6. Prices, Payment, and Taxes
Prices are shown in the currency selected or displayed in the store. Free shipping is available to eligible destinations, including the United States and Australia. Unless expressly stated otherwise, any shipping charges, sales taxes, GST/VAT, duties, brokerage fees, and customs charges are not included in the listed product price. Amounts applicable at checkout will be shown before you submit payment.
You authorize us and our payment providers to charge the payment method submitted for the order total. You represent that you are authorized to use the payment method and agree to provide information needed to verify the transaction.
Promotions, discounts, and coupon codes may have separate terms, may not be combined unless stated, and may be changed or withdrawn before an order is accepted. If an obvious pricing error occurs, we may contact you to confirm the correct price or cancel and refund the order.
For delivery to the United States, Aviorart bears import duties and customs-clearance fees as described in our Shipping Policy. Sales taxes displayed at checkout remain payable. For delivery outside the United States, the recipient is responsible for destination-country charges unless they are expressly collected at checkout.
7. Order Changes and Cancellations
We arrange an artist and materials promptly after an order is placed. Contact support@aviorart.com immediately if you wish to change or cancel an order.
- If painting has not begun, we may approve cancellation and issue a full refund.
- Once painting has begun, the order cannot be canceled for change of mind because artist time and materials have been committed.
A request is not accepted until we confirm it in writing. If a requested change is possible, we may quote an additional charge and revised completion estimate.
These restrictions do not apply where we cannot fulfill the order or where applicable law requires a cancellation or refund, including rights that may arise from certain shipping delays.
8. Creation, Shipping, and Delivery
Our usual creation period is 7–10 business days, followed by an estimated 4–8 business days in transit after final approval and dispatch. These are estimates and may be affected by the artwork’s size, complexity, revisions, drying requirements, public holidays, customs, carrier disruptions, severe weather, and other circumstances.
We deliver only to selected international destinations supported at checkout. If your country or region is not listed, contact us before placing an order so we can confirm whether delivery can be arranged and whether a shipping charge applies.
You are responsible for providing a deliverable address, recipient telephone number, and timely customs or carrier responses. Additional costs caused by an incorrect customer-provided address, failed delivery, failure to collect, refusal, or non-payment of destination-country charges may be charged to you or deducted from an otherwise available refund to the extent permitted by law.
Our complete shipping terms, including tracking, customs allocation, delays, and damage or loss procedures, are in our Shipping Policy.
9. Returns, Refunds, and Remedies
Standard, non-customized artwork may be eligible for our voluntary 30-day return program. Customized and commissioned artwork is not returnable for change of mind. Eligibility, return shipping responsibilities, inspection, refund timing, and cancellation conditions are described in our Return, Refund & Cancellation Policy.
Nothing in these Terms or our policies excludes, restricts, or modifies a guarantee, warranty, right, or remedy that cannot lawfully be excluded. For Australian consumers, our voluntary policies operate in addition to applicable rights under the Australian Consumer Law.
10. Intellectual Property
The Services and their content—including our brand names, logos, product names, artwork designs, photographs, video, graphics, text, layout, and software—are owned by or licensed to Aviorart and are protected by intellectual-property laws.
We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for personal, lawful shopping purposes. Without prior written permission, you may not reproduce, distribute, sell, license, modify, publish, publicly display, scrape, systematically extract, create commercial derivative works from, or use our content to train an artificial-intelligence or machine-learning system.
Unless expressly agreed in a signed writing, purchase of a painting transfers ownership of the physical artwork only after full payment and delivery. It does not transfer copyright, trademark, reproduction, merchandising, digital, or other intellectual-property rights in the design or artwork. Rights in Customer Materials remain with their respective owners.
11. Feedback and Reviews
If you submit a review, comment, suggestion, or other feedback intended for publication, you grant Aviorart a non-exclusive, worldwide, royalty-free license to use, reproduce, edit for length or formatting, translate, display, and distribute it in connection with the Services and our marketing, subject to applicable law.
You represent that your submission is truthful, based on genuine experience where stated, and does not violate law or another person’s rights. We may remove content that is unlawful, fraudulent, abusive, misleading, infringing, or unrelated, but we do not promise to monitor all user content. We will not materially alter the meaning of a customer review.
Custom reference photos and private order communications are not treated as public feedback and will not be used publicly without separate permission.
12. Third-Party Services and Links
The Services may include payment methods, applications, carrier tools, social-media features, or links operated by third parties. We do not control independent third-party services and are not responsible for their content, availability, privacy, security, or separate transactions. Review the third party’s terms before using its service.
Shopify supplies the ecommerce platform but is not the seller of Aviorart products. Questions about an Aviorart order should be directed to Aviorart.
13. Accuracy and Availability of the Services
We try to keep the Services accurate and available but do not guarantee uninterrupted, error-free, or completely secure operation. Information on the site may occasionally contain typographical errors, inaccuracies, or omissions relating to descriptions, pricing, promotions, shipping charges, transit times, or availability.
We may correct errors and update information. If a correction materially affects an accepted order, we will notify you and provide any choice or remedy required by law.
14. Prohibited Uses
You may not use the Services to:
- violate any law, regulation, sanction, or third-party right;
- infringe intellectual-property, privacy, publicity, or contractual rights;
- submit fraudulent, false, deceptive, threatening, defamatory, discriminatory, exploitative, or unlawful content;
- transmit malware or interfere with the security or operation of the Services;
- collect personal information about others without authorization;
- spam, phish, impersonate another person, or misrepresent your identity or authority;
- bypass access controls, rate limits, robot exclusions, or security measures; or
- copy, scrape, harvest, resell, or commercially exploit the Services or their content without written permission.
We may suspend access, reject content, or cancel an affected order when reasonably necessary to address prohibited conduct. Refunds, if any, remain subject to applicable law and our policies.
15. Disclaimers and Mandatory Consumer Rights
To the fullest extent permitted by law, the website and non-product portions of the Services are provided on an “as available” basis. We do not guarantee that the website will always be uninterrupted, secure, or free of errors.
Any product warranties, guarantees, conditions, or remedies that applicable law does not permit us to exclude remain fully effective. In particular, nothing in these Terms excludes Australian consumer guarantees that apply to a transaction, or any similar mandatory U.S. federal or state consumer protection.
The handmade-variation terms do not excuse damage, faulty workmanship, a material failure to match the approved preview, or a failure to meet a non-excludable consumer guarantee.
16. Limitation of Liability
To the fullest extent permitted by law, Aviorart and its personnel, artists, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for lost profits, revenue, data, goodwill, or opportunity, arising from use of the Services or an order, even if the possibility was known.
To the fullest extent permitted by law, our aggregate liability arising from a product or order will not exceed the amount you paid to Aviorart for the product giving rise to the claim.
These limitations do not apply to fraud, wilful misconduct, liability that cannot lawfully be limited, death or personal injury caused by negligence where such liability cannot be excluded, or any non-excludable consumer guarantee, right, or remedy.
17. Indemnity for Unlawful Customer Materials or Conduct
To the extent permitted by law, you agree to indemnify Aviorart against third-party claims, damages, and reasonable costs arising directly from (a) Customer Materials that you did not have the right to provide or authorize us to use, (b) your unlawful use of the Services, or (c) your intentional violation of another person’s rights.
This section does not require a consumer to indemnify us for our own breach, negligence, or unlawful conduct and does not limit any non-excludable right.
18. Events Outside Reasonable Control
We are not responsible for a delay or failure caused by an event outside our reasonable control, such as natural disaster, severe weather, epidemic, war, civil disturbance, government action, labor disruption, major carrier or network failure, customs interruption, or critical material shortage. We will take reasonable steps to reduce the effect and will communicate material delays.
This section does not remove any right to cancel or obtain a refund that applicable law gives you because of a delay or non-performance.
19. Suspension and Termination
We may suspend or terminate access to the Services if you materially breach these Terms, use the Services unlawfully, threaten security, or create material risk for us or others. Provisions that by their nature should survive—including intellectual property, payment obligations, liability limits, indemnity, and dispute terms—continue after termination.
20. Severability, Waiver, and Assignment
If any provision is unlawful or unenforceable, it will be enforced to the maximum extent permitted or severed, and the remaining provisions will continue in effect.
Our failure to enforce a provision is not a waiver. You may not assign an order or these Terms without our written consent. We may assign our rights and obligations as part of a legitimate business transfer, provided the assignment does not reduce mandatory consumer rights.
These Terms and the incorporated policies form the entire agreement regarding the Services, except for any separate written custom-art specification, quote, or agreement accepted by both parties.
21. Governing Law and Disputes
These Terms and transactions with Aviorart are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law principles. The courts of Hong Kong have non-exclusive jurisdiction.
This choice of law and forum does not deprive a consumer of mandatory protections available under the law of the consumer’s place of residence, or of the right to bring a claim in another court where applicable law permits or requires it.
Before starting formal proceedings, we encourage you to contact support@aviorart.com so we can try to resolve the matter promptly.
22. Changes to These Terms
We may update these Terms to reflect changes in law, business practices, or the Services. The current version will be posted with its “Last updated” date. Changes apply prospectively unless applicable law permits otherwise. Where legally required, we will provide additional notice of material changes.
23. Contact Information
Questions about these Terms or the Services may be directed to:
Email: support@aviorart.com
Phone: +852 6462 4365
Hong Kong contact address:
No. 182 Wan Chai Road
Wan Chai, Hong Kong 999077
Hong Kong
United States contact address:
68 Annuskemunnica Rd
Babylon, NY 11702
United States