These Terms & Conditions (“Terms”) govern Your access to and use of https://hamaish.com/ (the “Website”) and any related services, products, features, content, customer support channels, and order fulfillment services provided by Hamaish (“Company”, “We”, “Us”, or “Our”).
By accessing or using the Website, placing an order, uploading content, or otherwise engaging with the Service, You agree to be bound by these Terms. If You do not agree, You must not use the Website.
1. Interpretation and Definitions
Interpretation
Words with capitalized initials have meanings defined under the following conditions. These definitions apply whether they appear in singular or plural.
Definitions
For the purposes of these Terms:
Account means a unique account created for You to access parts of the Service.
Company means Hamaish, the owner and operator of the Website.
Content means text, graphics, images, photos, artwork, logos, videos, designs, software, layout elements, and other material displayed on or made available through the Service.
Custom Product means any made-to-order, personalized, commissioned, or customized item produced based on information or materials provided by You.
Order means a request placed by You to purchase one or more Products from the Company.
Product means any item offered for sale through the Website, including custom artwork, paintings, personalized gifts, prints, framed items, and related merchandise.
Service means the Website and all related services provided by the Company.
User Content means any content submitted by You, including photos, images, names, text, messages, instructions, personalization requests, reviews, or comments.
Website means https://hamaish.com/.
You means the individual using the Service, or the legal entity on whose behalf such individual is acting.
2. Eligibility
By using the Service, You represent and warrant that:
You are at least the age of majority in Your jurisdiction, or You are using the Service under the supervision and consent of a parent or legal guardian;
You have the legal capacity to enter into a binding agreement;
All information You provide to Us is true, accurate, current, and complete.
We reserve the right to refuse service, terminate accounts, or cancel Orders if We reasonably believe that You have violated these Terms or applicable law.
3. Use of the Website
You agree to use the Website only for lawful purposes and in accordance with these Terms.
You must not:
Use the Service in any way that violates applicable laws or regulations;
Submit false, misleading, or fraudulent information;
Interfere with the operation, security, or availability of the Service;
Upload viruses, malicious code, or harmful material;
Attempt to gain unauthorized access to systems, accounts, or data;
Copy, scrape, reproduce, distribute, or exploit Website content without authorization;
Use the Website to infringe any third-party right, including intellectual property, privacy, or publicity rights.
We may suspend, restrict, or terminate access to the Service at any time, with or without notice, if We believe misuse has occurred.
4. Product Information
We strive to describe and display Our Products as accurately as possible. However, We do not guarantee that all Product descriptions, images, examples, previews, colors, dimensions, specifications, prices, or other content are complete, accurate, current, or error-free.
Because some Products are personalized, handmade, artist-created, printed, or custom-produced, slight differences may occur between previews and final delivered Products. Variations in color, texture, composition, cropping, materials, and framing may occur and do not automatically constitute defects.
All Products are subject to availability, and We reserve the right to limit quantities, discontinue Products, or modify Product offerings at any time without notice.
5. Custom Orders and Personalization
If You order a Custom Product, You acknowledge and agree that:
Production depends on the quality and accuracy of the materials and instructions You submit;
You are solely responsible for checking spelling, dates, names, messages, image selection, cropping preferences, and personalization details before placing Your Order;
We may make reasonable artistic, technical, or formatting adjustments to complete production;
Digital previews or mockups, if provided, are illustrative only and may differ from the final Product;
Once production has begun, changes or cancellations may not be possible.
We are not responsible for errors in a final Product resulting from inaccurate, incomplete, or low-quality materials supplied by You.
6. User Content and Uploaded Materials
By submitting User Content through the Website, You represent and warrant that:
You own the content or have all necessary licenses, rights, permissions, and consents to use and submit it;
Your submission does not violate any copyright, trademark, privacy, publicity, or other rights of any person or entity;
Any people shown in submitted photographs have provided any required consent;
The content is not unlawful, defamatory, obscene, abusive, fraudulent, or otherwise objectionable.
You grant the Company a non-exclusive, worldwide, royalty-free license to use, copy, modify, adapt, process, reproduce, transmit, and display Your User Content solely for the purposes of:
Fulfilling Your Order;
Providing customer service;
Improving production quality;
Maintaining business records;
Exercising legal rights or complying with legal obligations.
If You separately consent, We may also use Your submitted content or final product images for marketing, portfolio, social media, or promotional purposes. If You do not want that use, this should be clearly stated in Your order notes or by contacting Us at info@hamaish.com.
We reserve the right to reject, remove, or refuse any User Content that We believe violates these Terms, third-party rights, or applicable law.
7. Intellectual Property
All Website content, except User Content submitted by customers, is owned by or licensed to the Company and is protected by copyright, trademark, trade dress, database, and other intellectual property laws.
Nothing in these Terms transfers any ownership rights to You. You may not use, reproduce, modify, distribute, publish, display, sell, or exploit any portion of the Website or Company content without prior written permission.
Any trademarks, logos, or third-party content appearing on the Website remain the property of their respective owners.
8. Orders
Your Order constitutes an offer to purchase a Product subject to these Terms. All Orders are subject to acceptance and availability.
We reserve the right to refuse, cancel, or limit any Order for any reason, including but not limited to:
Suspected fraud;
Pricing or description errors;
Product availability issues;
Problems with payment authorization;
Suspected infringement or unlawful content in submitted materials;
Shipping restrictions;
Violation of these Terms.
An Order is not finally accepted until We confirm it and, where applicable, begin processing it.
9. Pricing and Payment
All prices displayed on the Website are shown in the currency indicated on the Website and may be changed at any time without notice.
You agree to pay:
The purchase price of the Product;
Applicable taxes, duties, VAT, or governmental charges;
Shipping, handling, framing, customization, or other fees disclosed at checkout.
Payments must be made using the payment methods We make available. By submitting payment information, You represent and warrant that:
You are authorized to use the selected payment method;
The billing information You provide is accurate and complete.
We use third-party payment processors and do not guarantee uninterrupted availability of any payment method.
In the event of a pricing error, We reserve the right to cancel any affected Order and refund any amount paid.
10. Shipping and Delivery
Shipping and delivery times are estimates only unless expressly stated otherwise. We do not guarantee dispatch or delivery by any specific date.
We are not liable for delays or failures caused by:
Carrier disruptions;
Customs inspections or import delays;
Supply chain interruptions;
Weather events;
Incorrect address information;
Unclaimed or refused shipments;
Events beyond Our reasonable control.
Risk of loss and title to Products may pass to You upon delivery to the carrier or upon delivery to the address provided, depending on applicable law.
You are responsible for ensuring that shipping information is accurate. Additional costs resulting from returned, rerouted, or reshipped packages due to incorrect details may be charged to You.
11. International Orders
If You place an Order from outside, You are responsible for complying with local import laws and for paying any customs duties, import taxes, brokerage fees, or related charges unless otherwise stated.
We are not responsible for customs delays, seizures, refusals, or additional import-related expenses.
12. Returns, Refunds, and Cancellations
Because many Products may be personalized or made to order, cancellation, return, exchange, and refund rights may be limited.
Unless otherwise required by law or stated in a separate Refund Policy:
Orders for personalized or custom-made Products may not be canceled once production has started;
Custom or personalized Products may not be returnable unless they arrive damaged, defective, or materially different from what was ordered;
Non-custom items may be eligible for return only if unused and in original condition, subject to Our posted policy;
You must inspect Your Order promptly upon receipt and notify Us of any issue within 7 days of delivery.
Refunds, replacements, or store credit, if approved, will be handled in accordance with Our Refund Policy and applicable law.
If You maintain a separate Refund Policy page, that policy should be read together with these Terms. In the event of conflict, the more specific refund policy will govern for returns and cancellations.
13. Refusal of Content and Orders
We reserve the right, in Our sole discretion, to reject any content, personalization request, or Order that We believe:
Infringes third-party rights;
Contains unlawful or offensive material;
Is abusive, hateful, defamatory, obscene, or discriminatory;
Creates legal or reputational risk for the Company;
Is technically unsuitable for production.
If We reject an Order before production begins, We may issue a refund as appropriate.
14. Reviews, Feedback, and Suggestions
If You submit reviews, feedback, testimonials, suggestions, or ideas to Us, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, publish, and display such submissions for business, promotional, or operational purposes, without compensation to You, unless prohibited by law.
You must not submit false, misleading, unlawful, or abusive reviews or feedback.
We reserve the right to moderate, remove, or refuse any review or submission.
15. Promotions and Discount Codes
From time to time, We may offer discount codes, gift promotions, referral offers, contests, or other promotions. Such promotions may be governed by separate terms in addition to these Terms.
We reserve the right to modify, suspend, withdraw, or invalidate any promotion at any time, including where misuse, technical error, or fraud is suspected.
Discount codes may not be combined unless expressly permitted.
16. Account Registration
If the Website allows account creation, You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account.
You agree to notify Us immediately of any unauthorized access or suspected security breach involving Your account.
We reserve the right to suspend or terminate accounts at Our discretion.
17. Third-Party Services
The Website may integrate with or link to third-party services, including payment processors, shipping providers, social media platforms, analytics tools, chat services, and other software or websites.
We do not control and are not responsible for third-party services, their content, availability, privacy practices, or terms. Your use of such third-party services is at Your own risk and subject to their own terms and policies.
18. Disclaimer of Warranties
To the fullest extent permitted by law, the Service and all Products are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
We disclaim all warranties, including but not limited to:
Merchantability;
Fitness for a particular purpose;
Non-infringement;
Accuracy;
Reliability;
Availability;
Compatibility;
Security.
We do not warrant that the Website will be uninterrupted, secure, error-free, or free from harmful components, or that Products will meet every subjective expectation.
19. Limitation of Liability
To the fullest extent permitted by applicable law, the Company and its affiliates, officers, directors, employees, contractors, licensors, suppliers, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, revenue, opportunity, or business interruption, arising out of or in connection with:
Your use of or inability to use the Service;
Any Product purchased through the Website;
Any customization request or User Content;
Delays, delivery failures, or technical issues;
Unauthorized access to or use of systems or data.
To the extent liability cannot be excluded, Our total liability shall not exceed the amount You actually paid to Us for the specific Order giving rise to the claim.
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
20. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, service providers, and agents from and against any claims, actions, liabilities, damages, losses, judgments, costs, and expenses, including reasonable legal fees, arising out of or related to:
Your use of the Service;
Your breach of these Terms;
Your User Content;
Your violation of applicable law;
Your infringement of any third-party right.
21. Privacy
Your use of the Service is also governed by Our Privacy Policy, which explains how We collect, use, store, and disclose personal information.
By using the Service, You acknowledge that You have read and understood the Privacy Policy.
22. Termination
We may suspend or terminate Your access to the Service at any time, without prior notice, if We believe You have violated these Terms, applicable law, or the rights of others.
Termination will not affect any rights or obligations that accrued before termination, including payment obligations, intellectual property rights, disclaimers, limitations of liability, and indemnities.
23. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Virginia, United States, without regard to conflict of law principles.
24. Dispute Resolution
Any dispute arising out of or relating to these Terms, the Service, or any Order shall first be attempted to be resolved informally by contacting Us at info@hamaish.com.
If a dispute cannot be resolved informally, it shall be submitted to the courts located in Viginia, United States, unless otherwise required by applicable consumer law.
If You want, You may add an arbitration clause here, but that should be reviewed carefully for enforceability in Your jurisdiction.
25. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
26. Waiver
No waiver by the Company of any term or condition shall be deemed a further or continuing waiver of that term or any other term, and any failure to assert a right or provision shall not constitute a waiver.
27. Entire Agreement
These Terms, together with any policies referenced herein, including the Privacy Policy, Refund Policy, Shipping Policy, and Disclaimer, constitute the entire agreement between You and the Company regarding the Service and supersede prior understandings or communications relating to the same subject matter.
28. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will become effective upon posting on the Website unless otherwise stated.
Your continued use of the Service after revised Terms are posted constitutes Your acceptance of the changes.
29. Contact Us
If You have any questions about these Terms & Conditions, You can contact Us:
By email: info@hamaish.com
By visiting this page on Our Website: https://hamaish.com/contact-us/
