OVERVIEW

Welcome to Del Amo Art Gallery. The terms “we,” “us,” and “our” refer to Del Amo Art Gallery LLC. Del Amo Art Gallery operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated fine art experience (the “Services”). Del Amo Art Gallery is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

Del Amo Art Gallery specializes in fine art, including works in painting, drawing, photography, illustration, and sculpture, with a particular emphasis on Latin American and Cuban modernism. We have made every effort to provide an accurate representation of our works and services in our online store. However, please note that colors or artwork appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not warrant that the appearance or quality of any works or services purchased will meet your expectations or be identical to how they are depicted in our online store. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any listing at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order or submit an acquisition inquiry, you are making an offer to purchase. Del Amo Art Gallery reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until Del Amo Art Gallery confirms acceptance in writing. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Del Amo Art Gallery may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are for personal, household, or collection use and not for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a work or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices offered through private acquisition channels or third-party platforms. We may offer promotions from time to time that are governed by separate terms; in the event of conflict, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase and payment information for all transactions. You agree to promptly update your account information, including email address, credit card numbers, and expiration dates.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred at posted prices, including applicable shipping, handling, and taxes.

SECTION 5 – SHIPPING AND DELIVERY

Del Amo Art Gallery ships fine art with appropriate care, specialized packaging, and, where applicable, insurance. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events outside our control.

No work will be released or shipped until all charges, including the purchase price, applicable taxes, and shipping and handling fees, are paid in full. Title and risk of loss transfer to you once the work is delivered to the carrier. Fine art shipping quotes are provided separately and billed in addition to the purchase total. For international shipments, the buyer is responsible for all applicable customs duties, import taxes, and clearance fees.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, photography, artwork reproductions, videos, and audio, and the design, selection, and arrangement thereof, are owned by Del Amo Art Gallery LLC, its affiliates, or licensors, and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorized use may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Del Amo Art Gallery LLC.

The names, logos, and branding of Del Amo Art Gallery are trademarks of Del Amo Art Gallery LLC. You must not use such marks without prior written permission. Shopify’s name, logo, and marks are the property of Shopify Inc.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools “as is” and “as available,” without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any such use is entirely at your own risk.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain hyperlinks to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party materials. If you access third-party sites from our Services, you do so at your own risk. We are not liable for any harm or damages related to third-party websites, products, or services.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

Del Amo Art Gallery is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made in our store are made directly with Del Amo Art Gallery. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Del Amo Art Gallery, including any injury, damage, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Del Amo Art Gallery.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read and agree to these privacy policies. Information you submit may be transmitted to and shared with Shopify and third parties in order to provide Services to you.

SECTION 11 – FEEDBACK

If you submit any ideas, suggestions, reviews, or other content (“Feedback”), you grant Del Amo Art Gallery a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to the Feedback you submit, and that it complies with these Terms.

We may monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, or otherwise objectionable. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, or other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable law or regulation; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or spam; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, or resell any portion of the Services; (c) collect the personal information of others; (d) use any automated tools, bots, scrapers, or AI agents to access the Services; or (e) circumvent any security or access control measures. We reserve the right to suspend, disable, or terminate your account at any time, without notice, for violations of these Terms.

SECTION 14 – AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.

14.2 No Agent may access or interact with the Services unless it identifies itself and operates in strict accordance with the requirements in section 14.4 below. No Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) identify that the request is from an Agent and disclose the Agent’s name in the HTTP user agent string in the format: “Agent/[agent name]”; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or a computer; (iv) not circumvent any measure intended to block, limit, or control how Agents access the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Except as expressly stated by Del Amo Art Gallery, the Services and all products offered through the Services are provided 'as is' and 'as available,' without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the disclaimer of implied warranties, so the above may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent provided by law, in no case shall Del Amo Art Gallery LLC, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Services or any products procured through the Services.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Del Amo Art Gallery LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of: (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

The failure of Del Amo Art Gallery to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted on this site, constitute the entire agreement between you and Del Amo Art Gallery and govern your use of the Services, superseding any prior agreements, communications, or proposals, whether oral or written.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void. Del Amo Art Gallery may transfer, assign, or delegate these Terms and its rights and obligations without consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States. You and Del Amo Art Gallery consent to venue and personal jurisdiction in the state and federal courts located in Miami-Dade County, Florida.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Del Amo Art Gallery LLC

info@delamoart.com

18500 NW 29TH CT

Miami Gardens, FL 33056

+1 (786) 351-3280

delamoart.com