Terms of Use

VERSION 1.1 (14.05.2024)

1. General Provisions 

1.1 These Terms of Use (the “Terms”) apply to:

• The website https://adalysbali.com/
•  Any of the subdomains of it (the “Website”) and/or services offered by using the Website.

1.2. The Website is an official website of Ada Lys Bali

1.3. By accessing or using the Website (hereinafter referred to as the “website”) and any services (hereinafter referred to as the “Service” or “services”) or products (hereinafter referred to as “Product” or “Products” ) made available through the Website (hereinafter referred to as the “website”) and affiliated websites, if any, (collectively, the “Services”), you (“User” and collectively with others using the Website “Users”) agree without any modifications to be bound by these Terms.

2. Service Provision 

1. The Company provides the Services and products related to exploring and purchasing original artworks and high-quality prints created by the artist. You agree to use the Services and products only for the purposes that are permitted by the Terms and any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions.

2. The Services and products are provided by the Company, and the terms “we,” “us,” and “our” refer to this legal entity. The Company may change the scope of the Services or products or stop providing Services in their entirety at any time.

3. Certain Services or products may be provided by different parties, including subsidiaries, affiliates, or subcontractors of the Company, and in such event, Company will notify you of the name of such service provider.

2. Legal Rights and User Responsibilities

1. These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the Services.

2. The information made available on our Website may be altered or removed at any time without prior notice. The Company reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website, at any time and from time to time at its sole discretion without your prior consent. 

3. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the “Last Revised” date at the top of the Terms and by emailing Users at their provided email addresses, or by any other means as determined by the Company.

4. Subject to applicable law, the method of notification will be left to the Company’s sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances, unless the Company is duty-bound to do so under any applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website or at the instant that Company transmits the information to the Users (e.g., via email). These changes will apply at that instant to all then-current and subsequent users of the Website. Your continued use of this Website acts as acceptance of such changes or modifications. 

5. If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.

3. Intellectual Property and Copyright of Feedback Materials

1. All information, data, and content of a graphic nature, any other subject matter recognized as intellectual property under any applicable laws available on our Website is the property of the Company and its related entities and affiliates.

2. You may not copy, duplicate, print, or circulate the information on this Website without our prior written consent.

3. You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information or commentary you provide on our Website or one of our social media accounts, regarding the Company or the Services (collectively, “Feedback”) that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of the Company.

4. The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. The Company grants you a non-exclusive, perpetual, and non-transferable license to use the Website solely for the purposes indicated herein, and you shall have no right to resell or otherwise distribute any content of the Website.

4. Confidentiality of the Transmission of Information Over the Internet

1. The transmission of data or information over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, the Company does not assume any liability for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Website or email with the Company containing your personal information. 

2. While the Company will make all commercially reasonable efforts to safeguard the privacy of the information you provide to the Company and will treat such information in accordance with the Company’s Privacy Policy, in no event will the information you provide to the Company be deemed to be confidential, create any fiduciary obligations for the Company, or result in any liability for the Company in the event that such information is accessed by third parties without the Company’s consent.

3. The Company may disclose to third parties the fact that you are a client of the Company, and the general nature of the Service in which the Company has assisted you. Additional information on the Services supplied to you may be disclosed by the Company without your consent if such information has entered the public domain before disclosure by the Company. The Company may use your trademark or logo in conjunction with the permitted provision of information.

5. Limited License

1. The Company grants you a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Website and the content, materials, information, and functionality available in connection therewith (collectively, the “Content”) solely for information or other approved purposes as expressly permitted by the Company from time to time.

2. Any other use of the Website or Content is expressly prohibited.

3. You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part, for commercial or non-commercial purposes.

4. Without limiting the foregoing, you will not frame or display the Website or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.

5. If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law for any such violation. “Ada Lys Bali” and all logos related to the Services or displayed on the Website are either trademarks or registered marks of the Company.

6. You may not copy, imitate or use them without the Company’s prior written consent. You will not, nor will you authorize or encourage any third party to:

(i) Use the Services to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Company;

(ii) Use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services.

6. Third-Party Content

1. The Company, its affiliates, and its Users may provide third-party content on the Website and may provide links to web pages and content that are not owned or controlled by the Company (collectively the “Third Party Content”) as a service to those interested in this information. 

2. The Company does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. 

3. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. 

4. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website.

7. Applicable Law and Jurisdiction

1. You understand and accept that the relationship between you and the Company shall be governed in all respects by the laws of the Republic of Estonia without regard to its conflict of law provisions. If any provision of these Terms is held to be invalid, void due to contradicting law or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions. Any disputes arising out of this Agreement shall be settled in Harju County Court pursuant to the laws of the Republic of Estonia.

2. Any dispute arising out of or related to these Terms is personal to you and you hereby agree that such dispute will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which individuals attempt to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

8. LIMITATION OF LIABILITY

1. The Company does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. The Company also shall not be held liable for

9. Prices

1. All prices presented on the website are in euros and include VAT at the rate valid in the Republic of Estonia.

2. The price of products sold via the website is not subject to a delivery fee. We offer free worldwide shipping.

3. The customer pays for the order in advance according to the provisions of clause 

10.  Completion of the Order on the website

1. On the website, an adult and able-bodied natural person can place and complete an order. The person whose bank account or credit card was used to make the payment is responsible for the consequences of an order placed by a non-compliant person.

2. Orders can be placed as an unregistered user.

3. On the website, it is possible to buy products with the “Checkout” link displayed.

4. The company has the right to withdraw from the sales contract concluded through the website and not deliver the ordered goods if the goods are out of stock.

5. To complete the order via email, the user must provide the name of the desired item to the company; first and last name; telephone number of the recipient; destination address. For orders submitted by e-mail, the user pays Ada Lys Bali by bank transfer to the settlement account indicated on the invoice.

11. Website shopping cart and ordering

1. The shopping cart is created when the user adds the product to the shopping cart (“Add to cart” option). By clicking on the “View Cart” option, the contents of the shopping cart will open for the customer along with the amount to be paid.

2. The number of products in the shopping cart is not limited, and the contents of the shopping cart can be adjusted until the order is confirmed and before paying for the goods.

3. In order to place an order, all mandatory data fields of the checkout form and the selected order delivery place must be filled.

4. The user undertakes to check the content, quantities, and conformity of his order before final confirmation of the order and payment. The content of the confirmed order cannot be changed later.

5. If the user has entered incorrect contact information on the order, the company is not responsible for any resulting damage or any other consequences.

6. When the order reaches the company, an automatic e-mail confirming receipt of the order is sent to the user’s e-mail address.

7. Once the order has been completed, an automatic notification of the delivery time of the order will be sent to the user’s e-mail address.

8. In case of possible inaccuracies or errors in the order, the user must immediately contact the support service of the company by e-mail at the following address support@adalysbali.com.

12. Payment for the Order

1. The goods ordered from the website can be paid in full in advance via a suitable bank link, by credit card, or via PayPal.

2. The sales contract between the company and the user is deemed to have been concluded from the moment the customer submitted the order, confirming acceptance of the terms and conditions applicable to the contract and payment of the amount due via the selected payment method.

3. The company has the right to cancel the order if necessary. In case of cancellation of the order, the company will return the total cost of the order or the cost of incomplete goods to the user’s current account immediately, but no later than within 14 days from the moment of canceling the order.

4. In the event that the delivery of the product ordered by the user is not possible within the time limit specified, the e-shop will immediately inform the user using the contact information on the order form.

13.  Issuance, Delivery, and Transfer of Orders

1. Goods ordered through the website are delivered worldwide.

2. The company is not responsible for damage caused to the customer if, for reasons not attributable to the company, third parties have obtained a copy of the invoice or order number and the goods have been received on the basis of this.

3. The company is not responsible for delivery delays if the goods have been handed over to the logistics partners on time, but the delivery delay is due to circumstances beyond the company’s control.

4. The order is handed over to the user by the courier with a delivery note.

5. Before signing the delivery note, the user undertakes to check the conformity of the contents of the shipment with the order and to make sure that the goods comply with the contractual conditions (including damage to the packaging and/or products). The user has the right to refuse to accept the goods if the goods do not comply with the contract conditions, indicating the reason for the return of the goods on the shipping document, and to return the goods to the courier. The user must immediately send a written notification of a product with damaged packaging and/or non-conformity of the order to support@adalysbali.com, describing the discovered defect and attaching a corresponding photo. A product with packaging damaged by the courier service provider will be replaced.

6. If the user does not check the conformity of the products with the order upon receipt of the products or within 14 days of receiving the order, later related claims will not be satisfied.

7. Upon receiving the goods, the user undertakes to open the product packaging carefully, without damaging the packaging and the product. When returning a product without original packaging or with damaged packaging, the company has the right to demand a fee from the user for the decrease in the value of the goods. If the product package cannot be opened without damage/rupture, the user is not responsible for the damaged package.

14.  Cancellation of Order and Return of Products

1. After paying for the order, but before the order is shipped and/or delivered, the user has the right to cancel the order by sending a corresponding statement to the e-mail address support@adalysbali.com together with a document confirming the purchase. In case of cancellation of the order, the company will return the total cost of the order to the client’s current account immediately, but no later than within 14 calendar days.

2. All products purchased from the website are subject to a 14-day right of return. In order to return the product, the user must submit a written statement of withdrawal from the contract in the prescribed form. (Link to application return application.)

3. The user is responsible for the shipping cost in case of a return. The company will not refund the shipping and delivery cost to the user.

4. The returned products must not be used or damaged and must be in the original packaging. The user has the right to inspect the goods in the manner normally permitted in a store. The user is responsible for the decrease in the value of the product when examining the product if he has used the goods in a way other than the above. The returned product must be complete (include all items included in the product package). If the product has been purchased as a campaign offer, where another product is added to the product, the user must return the product as a set.

5. The user must bear the direct costs related to the return of the product  delivered with the object of the contract unless the parties have agreed otherwise. In the case of defective products, the company bears the direct costs related to the return of the products.

6. If the returned product (and its packaging) has deteriorated due to reasons not attributable to the company or due to improper use by the user, the company reserves the right to offset the decrease in value of the product against the refund amount owed to the user. The company will send a notification of this offset to the email address provided in the user’s order. If the user disagrees with the assessed decrease in value, they may engage an independent expert to evaluate the product’s depreciation. The costs of this expertise will be shared equally between the user and the company, unless the expert’s findings substantiate the company’s assessment. In such a case, the user will bear the full cost of the expertise.

7. According to the Debt Law Act, the 14-day right of withdrawal from the contract does not apply to the purchase of original paintings and prints that have been customized or personalized according to the user’s specifications. The right of withdrawal also does not apply to products that, due to their nature, cannot be returned or are liable to deteriorate or expire rapidly. Therefore, the right of return does not extend to custom-made or personalized artworks and prints, or to products that have been tailored to the user’s specific requests.

15. Liability and Force Majeure

1. The company is not responsible for the damage caused to the user or for the delay in the delivery of the product if the damage or the delay in the delivery of the product is due to a circumstance that the company could not influence and the arrival of which the company did not foresee and could not have foreseen (force majeure).

16. Processing of Personal Data

1. The personal data of the website user is processed in accordance with the company’s data protection terms and conditions (put link here) 

2. When using the sales environment of the website, the company collects data about the products purchased by the user. When using the sales environment of the website, the user gives company permission to send information to his e-mail address regarding the use of the service and the fulfillment of contractual obligations by the company.

3. When using the website, the user gives consent to Ada Lys Bali to process his personal data.

4. The user has the right at any time to get acquainted with the personal data concerning him or to request the modification, termination of processing, or deletion of his personal data (except in cases provided by law), for which a free form application must be sent to support@adalysbali.com.

17. Other Terms

1. The company,Ada Lys Bali,  has the right to unilaterally change the conditions of use of the website sales environment by notifying it within 14 days at the company’s web address https://adalysbali.com.

2. Issues not resolved separately in these conditions are based on the legislation in force in the Republic of Estonia.

3. Disagreements between the user and Ada Lys Bali regarding the execution, modification, or termination of the contract shall be resolved by the parties through negotiations. If no agreement is reached, the Customer has the right to appeal to the Consumer Disputes Committee of the Consumer Protection and Technical Supervision Agency (TTJA) or use the appropriate ODR platform http://ec.europa.eu/odr of the European Union Consumer Advisory Center operating at the TTJA for the protection of their rights.

4. You agree and acknowledge that all agreements, notices, disclosures and other communications that Company provides pursuant to these Terms, may be provided in electronic form. If you have any questions regarding these Terms, you are welcome to contact us by email at support@adalysbali.com

---

If you have any questions regarding these Terms, you are welcome to contact us by email at support@adalysbali.com.