Welcome to Chaos with Colors, your go-to destination for exceptional art! We are excited to have you here and provide you with an unforgettable shopping experience. Before you start exploring, let’s go over the Terms of Use that apply to your interactions with our platform. By accessing and using our website, you are agreeing to be bound by these terms. Please read them carefully:

1. Account Creation and Responsibility:

To access and use the Services, you will be asked to create a Customer Account during the registration process with us. Please keep your account information, including login credentials and password, confidential. Any activity performed under your account is your responsibility.

Until the payment or billing method is registered, your access to the Services will be limited.

If you, in connection with the creation of a Customer Account, are presented with commercial terms for the use of the Service, the commercial terms shall be deemed accepted upon the creation of such Customer Account.

You are responsible for the accuracy and completeness of the information provided through the Chaos with Colors website, including Customer Account creation, by providing true, accurate, current and complete information as requested during the Customer Account creation process.

2. Print on Demand Art, (Printing, Shipment and Delivery Services):

Our print on demand art products are created and fulfilled in collaboration with different printing companies, renowned for printing.

Upon receipt of an Order through the API, we will facilitate printing of the Content and shipping of the Products to our Customers, as requested in the Order.
We connect independent local printers in our global network. On the basis of the shipping address set out in the Order, we allocate the order to a local printer based on geographical location, machine capabilities, available capacity, and other factors we deem relevant. Orders that include more than one category of Products may be produced at different print facilities (such as due to capabilities, capacity and delivery address) and may, therefore, be delivered separately.

Through the API, we will stipulate an estimated delivery time. We will use all reasonable efforts to ensure that the Products are delivered within the estimated timeframe but shall not have any liability towards you the Customer if the Products are delivered later. We will notify you as soon as we become aware of circumstances that may cause substantial delays.

The Products will be sent by regular post unless otherwise agreed for each Order. Irrespective of the shipping method, we have the right to choose another carrier and carrier method, provided the quality and delivery time that the carrier and/or the method are of a similar quality and offer a similar delivery time.

If tracked delivery is chosen for the Order (if available), we shall bear the risk of loss and damage to the Products during transportation. If non-tracked delivery is chosen for the Order, the Products will be deemed delivered and title and risk of loss transferred to you upon our delivery of the Products to any common carrier.

We are not obliged to find the correct address for the delivery. If we were not provided with the correct address, and there are multiple residents on that address, we will use reasonable endeavors to deliver, but cannot guarantee the delivery of the Products to the correct recipient. You are responsible for performing customs clearance of the Products and for payment of the customs (if any).

If you can substantiate that your Order is lost in transit which is due to the carrier of a tracked delivery, then we will, at our sole discretion and subject to our investigation, reship the Order.  Any claims must be submitted no later than 30 days after the estimated delivery date. We will reserve the right not to reship any Order if tracking information of the carrier indicates the Order is duly delivered, even though you or your customer claims the Order has not been received. In that case, any replacement may have to be at your own costs.

While we make every effort to ensure that product images and descriptions are accurate, slight variations may occur due to the nature of the printing process.

3. Digital Art NFTs:

Our digital art NFTs are one-of-a-kind and securely stored on the blockchain, providing verifiable ownership.
Each NFT represents a unique piece of art, and once purchased, it becomes a valuable part of your digital collection. NFT purchases are final, and refunds or returns are not available.

4. Commission Art Pieces:

If you desire a custom masterpiece, we offer commission art services. You can collaborate with talented artists to bring your vision to life.
The payment terms and milestones for commissioned artwork will be agreed upon between you and the artist.

5. Intellectual Property:

All content on our website, including images, graphics, text, and artwork, is protected by intellectual property rights.
You must not use, reproduce, modify, distribute, or exploit any content without obtaining proper permission from us or the respective artists.

6. User Conduct:

We want our community to be positive and respectful. Any activity that may harm our website, artists, or other users is strictly prohibited.
You shall not engage in any illegal, unauthorized, or prohibited activities while using our website.

7. Privacy Policy:

Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our website, you consent to our Privacy Policy.

Where we process personal data while performing the Services, we will act as processor under the direction and responsibility of you, and our Data Processing Terms applies. We implement appropriate technical and organizational measures to protect personal data against misuse. We are not obliged to store or backup data received from you through the API.

8. Limitation of Liability:

While we strive to provide accurate and reliable information, we cannot guarantee the completeness, accuracy, or reliability of all content on our website.
We shall not be held liable for any direct, indirect, incidental, or consequential damages arising from your use of our website or products.

9. Subcontracting and Assignment:

We may subcontract any parts of our rights or obligations under these Terms, such as to printers and distributors. We remain responsible towards you for our subcontractors’ performance. We may assign our rights and obligations, or any parts thereof, to any affiliate or third party. Notwithstanding the generality of the foregoing, we may assign the right to invoice or otherwise claim payment due under these Terms.

10. Taxes:

Except as otherwise stated, you shall bear and be liable for all direct and indirect taxes, including, but not limited to, corporate income taxes, payroll taxes, social contributions, excise duties, turnover taxes, customs duties, levies, duties, charges, stamp duties and all similar taxes and charges, including penalties, interest, tax deductions, surcharges, and imposts of any nature (hereinafter “Taxes”) that are assessed or levied on you by any public or governmental authority arising from or consequent to these Terms and shall, at your own expense, pay all such taxes in accordance with applicable law from time to time. You shall be liable for and defend, indemnify us and hold us harmless from and against any and all indemnified costs arising out of or in connection with any assessment or levy made in respect of any of the aforesaid Taxes.

We shall bear and be liable for all Taxes that are assessed or levied on us by any public or governmental authority, whether US or non-US, arising out of or in connection with these Terms. We shall be liable for and defend, indemnify and hold harmless you, your affiliates and subcontractors from and against any and all costs arising out of or in connection with any assessment or levy made in respect of any of the aforesaid Taxes.

You shall withhold from any payment to us such sums that represent any Taxes that you are obliged to withhold in accordance with applicable law and regulations from time to time where you are tax resident. You shall settle such Taxes with the relevant and appropriate authorities in accordance with applicable law and regulations from time to time and shall upon request provide us with proof of such settlement without delay. In the event that we are eligible for any reduced rate of withholding tax, we will provide you with appropriate documentation required under applicable law from time to time to justify such reduced rate before any payment is made under these Terms. If applicable, you shall request such documentation from us prior to making the withholding. In the absence of such documentation the full rate of withholding tax will apply. You shall defend, hold harmless and indemnify us, our affiliates and subcontractors from and against any and all indemnified costs arising out of or in connection with your failure to withhold from and settle any Taxes on any payment to us or to comply with any other obligation you may have under applicable law from time to time. You shall provide us with tax receipts or other proof of payment for any indemnified costs.

Notwithstanding your obligation to withhold Taxes pursuant to the third paragraph in this clause, if any Taxes are levied against and amounts withheld from payments to us, the payment to us shall be grossed up so that the payment received by us is equal to the invoiced amount net of withholding tax (plus any agreed additions, including but not limited to VAT or similar indirect tax, including but not limited to GST and sales tax, added to the price, in accordance with the fifth paragraph in this clause).

All amounts stated or agreed to be paid by you to us under the Terms are exclusive of any value added tax (VAT) or similar indirect tax, including but not limited to GST and sales tax, and such indirect tax, where applicable, shall be payable by you in addition to the amounts stated or agreed, i.e. we shall charge VAT or similar indirect tax to you at the rate required under applicable law from time to time in addition to the amounts stated or agreed.
Where goods and/or services are required to be imported, unless otherwise agreed upon, you shall be the importer of record and are responsible for the import customs clearance for all materials, and shall in that capacity be solely responsible for all import formalities and payment of any import related Taxes, duties and fees, including but not limited to import VAT, import GST, customs duties, excise duties or import duties which may be incurred or payable in connection with the import of the materials in connection with performance of your obligations under these Terms and shall have no recourse towards us for any import related Taxes, duties and fees, including but not limited to import VAT, import GST, customs duties, excise duties or import duties which may be incurred or payable in connection with the import of the materials.

You shall indemnify us for any increase in Taxes arising out of any change in law. Change in law is defined as new law or regulation, including tax regulation, tax resolution, tax decree or similar, or amendment or change in interpretation of an existing law or regulation, enacted and coming into effect after the agreement was entered into between you and us, that we were not aware of before entering into the contract.

This clause shall apply for as long as any public or governmental authority may impose Taxes on us which you are liable for under this clause, even if the Terms as such is terminated pursuant to clause of these Terms.

11. Returns:

12. Changes to Terms of Use:

We may update these Terms of Use as necessary. Any changes will be effective immediately upon posting on our website. Please check back regularly for updates.

13. Governing Law:

These Terms of Use shall be governed by and construed in accordance with the laws of USA, Greensboro North Carolina. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Disputes:

Any disputes arising out of or in connection with these Terms shall be finally settled by arbitration in accordance with the International Chamber of Commerce (ICC) Rules of Arbitration. The place of the arbitration shall be the city in which we have our place of business. Unless otherwise agreed, the language of the arbitration shall be English. This arbitration clause shall not prevent us from taking legal action before ordinary courts in your jurisdiction for the collection of payment under these Terms or for the enforcement of our intellectual property rights.

When these Terms stipulate “written notice”, email notice suffices.
You may contact us by sending correspondence to that address or by emailing us at chaoswithcolors@gmail.com

We sincerely hope that you enjoy your time with us and find the art that speaks to your heart. If you have any questions or concerns regarding these Terms of Use or any aspect of our website, please don’t hesitate to contact our customer support team. We value your participation in our creative community!

Thank you for choosing Chaos with Colors as your artistic haven! Let’s create and celebrate art together!