Terms of Service

1) Eligibility & Use of the Site

• If you are under 18, you may purchase Products only with the involvement and consent of a parent or legal guardian.
• You agree not to misuse the Site, interfere with its security or operation, attempt to probe or test vulnerabilities, or use any automated means (scrapers, bots) without our prior written consent.

2) Products, Availability & Orders

• All artworks, prints, and Products are subject to availability. Many items are made in limited quantities and may sell out without notice.
• We may refuse, limit, or cancel any order at our discretion (e.g., suspected fraud, inventory errors), and will refund any amount charged for orders we cancel.
• Prices are listed in USD and may change at any time without notice. Applicable taxes and shipping will be shown at checkout.

3) Payments

• Payments are processed securely by third-party providers (e.g., Stripe or PayPal). We do not store full payment card details.
• You represent and warrant that the payment information you provide is accurate, you are authorized to use the payment method, and you authorize us (and our payment processors) to charge the full amount of your order.
• For international orders, the buyer is responsible for any currency conversion fees, duties, VAT/GST, or import taxes.

4) Shipping & Delivery

• Shipping rates, methods, and estimated delivery times are shown at checkout. Processing times vary by Product and will be stated at checkout or in your order confirmation.
• Title and risk of loss transfer to you upon our delivery of the order to the carrier.
• We are not responsible for delays caused by carriers, customs, or events beyond our control.
• International buyers are responsible for any customs duties, taxes, or import fees. We cannot mark shipments as “gift” or declare lower values.

5) Returns, Replacements & Refunds (Damage/Defect Only)

Because our pieces are produced in limited quantities, all sales are final except for items that arrive damaged in transit or with a manufacturing defect.

Eligibility

• Only items that arrive damaged or with a manufacturing defect are eligible.
• We do not accept returns for change of mind, minor color differences due to screen calibration, or custom/commissioned works unless damaged or defective.

How to File a Claim

1. Initial Contact (within 7 calendar days of delivery). Email mi*****@***********rt.com with your order number in the subject line.
2. Proof of Issue. Attach clear photos of: (a) the damaged item (close-ups and full view), (b) the shipping box (all sides), and (c) the shipping label.
3. Review. We will review your claim within 5 business days and notify you of approval or denial. We may require you to return the item for inspection before issuing a replacement or refund.
4. Resolution. If approved, you may choose a replacement (if available) or a refund to your original payment method. If a return is required, ship the item in the original packaging or equivalent protective packaging. We will provide return instructions and may cover or reimburse return shipping at our discretion.

Limitations

• Failure to follow the process or timelines above may affect eligibility.
• We may refuse claims that appear fraudulent, abusive, or outside the stated time frame.
• Our liability for any order is limited to the original purchase price of the affected item.

Note for EU/UK consumers: These Terms do not exclude any non-waivable consumer rights that apply under local law. If a statutory right of withdrawal applies, our policy will be applied consistently with that right and any applicable exceptions (e.g., for custom items).

6) Intellectual Property

All artworks, designs, images, products, text, and other content on the Site are the exclusive property of Michael Heltebrake and are protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, display, sell, license, or otherwise use any artwork or content without prior written consent.

Unauthorized use includes (without limitation):

• Copying or downloading images for personal or commercial use.
• Printing or selling reproductions of any work.
• Using images for logos, merchandise, digital media, or AI training without written permission.

We take IP rights seriously. Unauthorized use may result in legal action, including claims for damages and injunctive relief. To request a license or permission, contact mi*****@***********rt.com.

7) DMCA Takedown Policy

If you believe that your copyrighted work has been used on the Site in a way that constitutes infringement, send a written notice including:

• Identification of the copyrighted work claimed to be infringed.
• Identification of the material to be removed, with sufficient detail to locate it on the Site.
• Your contact information (name, address, email, phone).
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized agent.
• Your physical or electronic signature.

Send DMCA notices to: mi*****@***********rt.com.

8) Disclaimers; Limitation of Liability

• AS IS. The Site and all content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• No Indirect Damages. To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill.
• Cap. Our total liability for any claim arising from or related to the Site or Products is limited to the amount you paid for the Product at issue.
• Some jurisdictions do not allow certain limitations; in such cases, those limitations apply only to the extent permitted by law.

9) Data & Privacy

Your personal information is collected and processed according to our Privacy Policy. If you are located in the European Union/EEA, you may have rights under GDPR (e.g., access, correction, deletion). To make a request, contact mi*****@***********rt.com. By using the Site, you consent to the processing described in our Privacy Policy.

10) Accessibility

We aim to make the Site accessible to all users. If you encounter accessibility barriers, please email mi*****@***********rt.com and we will make reasonable efforts to provide the information or service in an accessible format.

11) Changes to the Site or Terms

We may update the Site or these Terms at any time. When we do, we will post the revised Terms with an updated “Last Updated” date. Changes apply prospectively. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms. Domain changes. If we replace or retire a domain or subdomain, these Terms continue to apply to the replacement site, and we may redirect or sunset the prior domain without notice.

12) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict-of-law rules. Any dispute will be resolved by binding arbitration on an individual basis, and you waive the right to participate in a class action or class-wide arbitration. If you include this clause, also provide small-claims court and opt-out details consistent with local law.

13) Miscellaneous

• Entire Agreement. These Terms, together with the Privacy Policy and any order confirmations, are the entire agreement between you and us regarding the Site and Products.
• Severability. If any provision is found unenforceable, the remaining provisions will remain in full force.
• No Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14) Contact

If you have questions about these Terms, please contact us:

• Email: mi*****@***********rt.com
• Business Name: Heltebrake Art (Michael Heltebrake)
• Address: Mohave Valley, AZ