Terms of Service

1. Agreement to Terms

By accessing and using the XAMLIN ART website (xamlinart.com) and our services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our website or use our services.

These Terms apply to all visitors, users, customers, and others who access or use our service, including but not limited to browsing our catalog, making purchases, or contacting us through any means.

2. Definitions

For the purposes of these Terms:

• "Company" refers to XAMLIN ART, operating from Kurdistan Region, Iraq
• "Service" refers to the website and all related services
• "Artwork" refers to original hand-drawn pieces available for purchase
• "Customer" refers to individuals purchasing artwork from our gallery
• "Order" refers to your request to purchase artwork from our service

3. Products and Services

3.1 Artwork Authenticity

All artwork sold through XAMLIN ART is guaranteed to be original, hand-drawn pieces created by artists from the Kurdistan Region. Each piece is unique and may have slight variations that add to its authenticity and value.

3.2 Product Descriptions

We strive to display our artwork as accurately as possible through high-quality photographs. However, please note that:

• Colors may vary slightly due to monitor settings and lighting conditions
• Actual dimensions are provided in the product description
• Frame and mounting options may differ from display images unless specifically included
• Each original piece is unique and may have minor variations from photographed items

3.3 Availability

All artwork is subject to availability. As we deal with original pieces, most items are one-of-a-kind. Once sold, similar pieces may be commissioned but will not be identical to the original.

4. Ordering and Payment

4.1 Order Placement

By placing an order, you warrant that:

• You are legally capable of entering into binding contracts
• You are at least 18 years old
• The information you provide is true, accurate, and complete
• You will promptly update your account information if it changes

4.2 Order Confirmation

After placing an order, you will receive:

1. An immediate order acknowledgment via email or SMS
2. A unique tracking code (format: X-YYYYMMDDHHMMSS-XXXX)
3. Order details including items, pricing, and delivery information
4. Estimated delivery timeframe

4.3 Payment Methods

4.4 Pricing

All prices are displayed in Iraqi Dinars (IQD) and include:

• The artwork itself
• Basic protective packaging
• Certificate of authenticity (where applicable)

Shipping costs are calculated separately based on delivery location and will be shown before order confirmation.

5. Shipping and Delivery

5.1 Shipping Areas

We currently ship to:

• Priority Shipping: All areas within Kurdistan Region and Iraq
• International Shipping: Select countries (contact us for availability)
• Express Delivery: Available for Erbil city center

5.2 Delivery Times

• Erbil City: 2-3 business days
• Kurdistan Region: 3-5 business days
• Rest of Iraq: 5-7 business days
• International: 10-21 business days

5.3 Shipping Responsibility

Risk of loss and title for items pass to you upon delivery to the carrier. We are not responsible for delays caused by shipping carriers or customs procedures.

5.4 Delivery Confirmation

For high-value orders (over 1,000,000 IQD), signature confirmation is required upon delivery. The person receiving the delivery must present valid identification.

6. Returns and Refunds

6.1 Return Policy

Due to the unique nature of original artwork, returns are accepted only in the following circumstances:

• The artwork arrives damaged or defective
• You receive the wrong item
• The artwork significantly differs from its description

6.2 Return Process

1. Contact us within 48 hours of receiving your order
2. Provide photos of the issue and your order number
3. Wait for return authorization and instructions
4. Ship the item back in original packaging within 7 days

6.3 Non-Returnable Items

• Custom or commissioned artwork
• Items damaged due to customer mishandling
• Artwork kept for more than 7 days after delivery
• Items not in original condition or packaging

6.4 Refund Processing

Once we receive and inspect your return:

• We will notify you of the approval or rejection
• Approved refunds will be processed within 7-10 business days
• Refunds will be issued to the original payment method
• Shipping costs are non-refundable unless the return is due to our error

7. Intellectual Property Rights

7.1 Artwork Copyright

When you purchase artwork from XAMLIN ART:

• You receive ownership of the physical artwork only
• Copyright and reproduction rights remain with the original artist
• You may not reproduce, distribute, or create derivative works without permission
• Personal photography for non-commercial use is permitted

7.2 Website Content

All content on xamlinart.com, including but not limited to text, graphics, logos, images, and software, is the property of XAMLIN ART and is protected by international copyright laws.

7.3 Trademark

XAMLIN ART and our logo are registered trademarks. You may not use our trademarks without prior written permission.

8. User Conduct

You agree not to:

• Use our service for any unlawful purpose
• Impersonate any person or entity
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to any portion of the service
• Use any robot, spider, or other automatic device to access the service
• Transmit any viruses, worms, or malicious code

9. Account Terms

9.1 Account Creation

When you create an account with us, you must provide information that is accurate, complete, and current. You are responsible for safeguarding your account password and for any activities or actions under your account.

9.2 Account Termination

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including but not limited to cases of:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of promotions or discounts
• Repeated order cancellations

10. Disclaimers and Limitations

10.1 Service Disclaimer

The service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Limitation of Liability

In no event shall XAMLIN ART, its directors, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

10.3 Maximum Liability

Our total liability to you for any damages shall not exceed the amount you paid for the specific artwork that is the subject of the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless XAMLIN ART and its affiliates, licensees, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the service.

12. Privacy

Your use of our service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

13. Disputes and Governing Law

13.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of Iraq and the Kurdistan Region, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through:

1. Good faith negotiations between the parties
2. Mediation, if negotiations fail
3. Binding arbitration in Erbil, Kurdistan Region
4. Courts of competent jurisdiction in Kurdistan Region, as a last resort

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will:

• Update the "Effective Date" at the top of these Terms
• Provide notice on our website homepage
• Send an email to registered users (if applicable)

Your continued use of the service after any changes constitutes acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and XAMLIN ART regarding the use of the service, superseding any prior agreements between you and XAMLIN ART relating to the service.

17. Special Provisions for International Orders

For orders shipped outside of Iraq:

• Customer is responsible for all customs duties and import taxes
• Delivery times may be extended due to customs processing
• Additional documentation may be required for artwork export
• Some artwork may be restricted from international shipping due to cultural heritage laws

Acceptance of Terms

By clicking "Place Order", creating an account, or using our services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

Last reviewed and updated: January 2025
Version: 1.0