Conditions d’utilisation

Effective Date: July 7th, 2026.

Overview

This website is operated by Elias Crespo Molato. Throughout the site, the terms “I”, “me”, and “my” refer to Elias Crespo Molato. I offer this website, including all information, tools, products, artwork, prints, services, and resources available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting my site and/or purchasing something from me, you engage in my “Service” and agree to be bound by the following Terms of Service, including any additional terms, conditions, and policies referenced here and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Any new features, products, services, or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

I reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

My store is hosted on Shopify. Shopify provides the online e-commerce platform that allows me to sell my products and services to you.

Section 1: Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, state, or country of residence, or that you are the age of majority in your province, state, or country of residence and have given me your consent to allow any of your minor dependents to use this site.

You may not use my products, artwork, prints, services, or website for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction, including but not limited to copyright, intellectual property, consumer protection, privacy, or e-commerce laws.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

A breach or violation of any of these Terms may result in immediate termination of your access to the Service.

Section 2: General Conditions

I reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is encrypted during transfer over networks and is processed by third-party payment providers. I do not directly store your full credit card information.

You agree not to reproduce, duplicate, copy, sell, resell, exploit, or misuse any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from me.

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 3: Accuracy, Completeness, and Timeliness of Information

I am not responsible if information made available on this site is not accurate, complete, or current.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information where appropriate.

Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is not current and is provided for reference only.

I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site unless required by law.

You agree that it is your responsibility to monitor changes to my site.

Section 4: Modifications to the Service and Prices

Prices for my products and services are subject to change without notice.

I reserve the right to modify, suspend, or discontinue the Service, or any part or content of it, at any time without notice.

I am not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5: Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, refund, or exchange only according to my Refund Policy.

I make every effort to display as accurately as possible the colours, textures, scale, and images of artwork, prints, and products that appear on the website. I cannot guarantee that your computer monitor, phone, tablet, or device display will accurately show colours, tones, textures, or details.

Original artworks may include natural variations, marks, texture, surface differences, or imperfections that are part of the handmade nature of the work.

Prints may vary slightly depending on print process, paper, material, screen settings, and production method.

I reserve the right, but am not obligated, to limit the sales of my products or services to any person, geographic region, or jurisdiction. I may exercise this right on a case-by-case basis.

I reserve the right to limit the quantities of any products or services I offer.

All descriptions of products, services, and pricing are subject to change at any time without notice, at my sole discretion.

I reserve the right to discontinue any product or service at any time.

Any offer for any product or service made on this site is void where prohibited.

I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your personal expectations, or that any errors in the Service will be corrected.

Section 6: Accuracy of Billing and Account Information

I reserve the right to refuse any order you place with me.

I may, in my sole discretion, limit or cancel quantities purchased per person, per household, per order, or per account. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing or shipping address.

If I make a change to or cancel an order, I may attempt to notify you by contacting the email address, billing address, shipping address, or phone number provided at the time the order was made.

I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers, distributors, bots, fraudulent buyers, or unauthorized third parties.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through my store.

You agree to promptly update your account and other information, including your email address, billing information, shipping information, and payment details, so I can complete your transactions and contact you as needed.

For more detail, please review my Refund Policy.

Section 7: Shipping, Delivery, and Risk

Shipping times, delivery estimates, and fulfillment timelines are estimates only and are not guaranteed unless expressly stated.

I am not responsible for delays caused by postal services, couriers, customs, weather, strikes, incorrect addresses, failed delivery attempts, or circumstances outside my reasonable control.

You are responsible for providing accurate shipping information at checkout.

If an order is returned due to an incorrect address, failed delivery, refusal to accept delivery, or failure to collect the package, additional shipping fees may apply.

International buyers are responsible for any customs duties, taxes, tariffs, import fees, brokerage fees, or other charges required by their country.

Risk of loss or damage may pass to you once the order is transferred to the shipping carrier, subject to applicable law and any shipping protection or insurance terms that may apply.

Section 8: Optional Tools

I may provide you with access to third-party tools over which I have no control, monitoring, or input.

You acknowledge and agree that I provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

I have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms on which those tools are provided by the relevant third-party provider.

I may also offer new services, features, tools, or resources through the website in the future. Those new features and/or services will also be subject to these Terms of Service.

Section 9: Third-Party Links

Certain content, products, services, or tools available through my Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with me.

I am not responsible for examining or evaluating the content, accuracy, policies, practices, products, or services of third-party websites.

I do not warrant and will not have liability or responsibility for any third-party materials, websites, products, services, or resources.

I am not liable for any harm, loss, damage, or issues related to the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites.

Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 10: User Comments, Feedback, and Other Submissions

If, at my request, you send specific submissions, or without a request from me you send creative ideas, suggestions, proposals, plans, testimonials, reviews, comments, images, messages, or other materials, whether online, by email, by postal mail, through social media, or otherwise, you agree that I may use, edit, copy, publish, distribute, translate, display, and otherwise use those submissions in any medium, unless we have agreed otherwise in writing.

I am under no obligation to:

maintain any comments in confidence;

pay compensation for any comments;

respond to any comments.

I may, but have no obligation to, monitor, edit, or remove content that I determine in my sole discretion is unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, harmful, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, publicity, or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive, obscene, defamatory, misleading, or harmful material, or any computer virus, malware, or other code that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone else, or otherwise mislead me or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy.

I take no responsibility and assume no liability for comments posted by you or any third party.

Section 11: Personal Information

Your submission of personal information through the store is governed by my Privacy Policy.

Section 12: Errors, Inaccuracies, and Omissions

Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies, or omissions.

These may relate to product descriptions, artwork details, pricing, promotions, offers, product shipping charges, transit times, availability, dimensions, materials, colours, or other details.

I reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

I undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 13: Prohibited Uses

In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:

for any unlawful purpose;

to solicit others to perform or participate in unlawful acts;

to violate any international, federal, provincial, state, or local laws, regulations, rules, or ordinances;

to infringe upon or violate my intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any protected ground under applicable law;

to submit false or misleading information;

to upload or transmit viruses, malware, or any other type of malicious code;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, scrape, or use automated tools without permission;

for any obscene or immoral purpose;

to interfere with or circumvent the security features of the Service, any related website, other websites, or the internet;

to copy, reproduce, download, resell, or exploit my artwork, images, writing, designs, products, or content without written permission.

I reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Section 14: Intellectual Property

All artwork, images, paintings, drawings, designs, prints, text, graphics, logos, product descriptions, photographs, videos, website content, and other materials on this website are owned by Elias Crespo Molato or used with permission, unless otherwise stated.

Purchasing an original artwork, print, product, or service does not transfer copyright or intellectual property rights to you.

You may not reproduce, copy, modify, distribute, publish, display, resell, license, create derivative works from, or commercially exploit any artwork, image, design, product, writing, or content from this website without my prior written permission.

You may not use my artwork, images, or content for artificial intelligence training, dataset creation, scraping, minting NFTs, commercial merchandise, advertising, publication, resale, or reproduction without my express written consent.

You may share images from the website for personal, non-commercial purposes only if proper credit is given and the image is not altered, misrepresented, or used in a way that suggests endorsement or ownership.

All rights not expressly granted are reserved.

Section 15: Disclaimer of Warranties; Limitation of Liability

I do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

I do not warrant that the results obtained from use of the Service will be accurate or reliable.

You agree that from time to time I may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are, except as expressly stated by me, provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied.

To the fullest extent permitted by law, I disclaim all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Elias Crespo Molato, my employees, contractors, suppliers, service providers, affiliates, agents, partners, licensors, or other related parties be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Service or any products or services obtained through the Service.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions my liability will be limited to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

Section 16: Indemnification

You agree to indemnify, defend, and hold harmless Elias Crespo Molato and my employees, contractors, suppliers, service providers, affiliates, agents, partners, licensors, and related parties from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

your breach of these Terms of Service;

your violation of any law;

your violation of the rights of a third party;

your misuse of the website, products, services, or content;

your unauthorized use of my artwork, images, writing, designs, or intellectual property.

Section 17: Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms of Service.

Such determination will not affect the validity and enforceability of any other remaining provisions.

Section 18: Termination

The obligations and liabilities of the parties incurred before the termination date will survive termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or me.

You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or by ceasing to use my site.

If, in my sole judgment, you fail or I suspect that you have failed to comply with any term or provision of these Terms of Service, I may terminate this agreement at any time without notice.

You will remain liable for all amounts due up to and including the date of termination, and I may deny you access to my Services or any part of them.

Section 19: Entire Agreement

My failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by me on this site or in respect to the Service constitute the entire agreement and understanding between you and me and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and me, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

Section 20: Governing Law

These Terms of Service and any separate agreements whereby I provide you products or services are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

You agree that any disputes arising from or relating to these Terms, this website, or any products or services purchased through this website will be handled in British Columbia, Canada, subject to applicable law.

Section 21: Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

I reserve the right, at my sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to my website.

It is your responsibility to check my website periodically for changes.

Your continued use of or access to my website or the Service after any changes to these Terms of Service are posted constitutes acceptance of those changes.

Section 22: Contact Information

Questions about these Terms of Service should be sent to:

info@eliasmolato.com