Terms of Sale

Thank you for your interest in these Terms of Sale (these “Terms”) and welcome to Mythological Artistry and our website and shop at www.mythologicalartistry.com (our “website”). These Terms (together with the documents referred to on it) tell you the terms and conditions on which we permit you access to our Unique Esoteric and Mythical Illustrations (“Digital Products”). Please read these Terms carefully before placing an order. You agree to be bound by these Terms and that if you refuse to accept these Terms, you will not be able to place an order with us.

1. ABOUT US

   1. We are Mythological Artistry, located at Rue 28 de maio 28, 6000-541 Juncal do Campo, Castelo Branco, Portugal. Our website is www.mythologicalartistry.com. You can contact us at mythologicalartistry@gmail.com with "ToS" in the subject line.

   2. These Terms were last updated on Sunday, 8th of June, 2025.

   3. Please note that our Privacy Policy and Cookie Policy also apply and form an integral part of these Terms.

2. ELIGIBILITY TO ORDER

By placing an order through our website, you confirm that:

1. You are legally able to enter into binding contracts.

2. You are at least 18 years old.

3. WEBSITE AND CONTENT OWNERSHIP

All ownership rights and intellectual property rights in our website and its content belong to us and our licensors. The content and website are protected by national and international laws, copyright treaties, and conventions. If the content includes licensed materials, our licensors can protect their rights if these Terms are violated. You are not allowed to use or represent any licensed materials without our prior permission, and if applicable, permission from our licensors. All rights not specifically granted to you in these Terms are reserved by us. This License does not transfer ownership of the content or website to you.

4. DIGITAL PRODUCT DELIVERY AND OWNERSHIP

   1. Your Digital Products will be delivered to the email address specified in your order within 24 hours of us accepting your order. All Digital Products remain the property of Mythological Artistry. You may not sell or transfer any Digital Product.

   2. All content within the Digital Product (including text, graphics, images, videos, sound, and illustrations) is owned by Mythological Artistry and is protected by intellectual property law. You must only use the Digital Product and its Content for its intended purpose and according to the license we grant you in writing. You must not modify the Content, or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work from the Digital Product. You are responsible for getting permission before reusing any copyrighted material from the Digital Product, unless authorized by copyright law. You are also responsible for complying with all laws related to your use of the Digital Product. Unless we expressly agree otherwise, the Digital Product, its Content, and all related rights are exclusively owned by Mythological Artistry. You must not remove any copyright, trademark, or other proprietary notices from the Digital Product.

5. DIGITAL PRODUCT LICENSE

   1. Once you have paid in full, we grant you a non-exclusive, perpetual, worldwide right and license to use our Digital Product solely for your own personal, non-commercial use.

   2. Unless we authorize it in writing, you may not:

      1. 5.2.1.Resell our Digital Assets.

      2. 5.2.2.Redistribute, publish, or make our Digital Assets available to any third party.

   3. You are only authorized to use the Digital Assets for the limited purposes stated in this Section 5. We will take legal action if you infringe upon this granted license, permissions, or restrictions.

   4. This license begins on the date you purchase the Digital Assets and continues indefinitely, unless terminated. This license terminates immediately and without notice if:

      1. 5.4.1.Your purchase is reversed (e.g., through a refund, payment reversal, or fraudulent purchase).

      2. 5.4.2.You fail to follow the License Grant specified in this Section 5.

   5. If this license is terminated, you must immediately retrieve and delete the Digital Asset from all places you have distributed or downloaded it to, and stop using, exploiting, or distributing it for any purpose.

6. OUR OWNERSHIP OF DIGITAL PRODUCTS

You agree that, subject to the rights and licenses granted in Section 5, we are and will remain the sole and exclusive owner of all rights, title, and interest worldwide to all Digital Products and their copies. Except as explicitly provided in these Terms or Section 5, we reserve all rights and licenses not expressly granted to you. You acknowledge that all intellectual property rights in the Digital Products worldwide belong to us, that the rights are licensed (not sold) to you, and that you only have the right to use them according to Section 5 and these Terms.

7. PRODUCT DESCRIPTIONS

We strive to ensure that information about our Digital Products is accurate and current. However, we do not guarantee that there will be no errors in descriptions or that Digital Products will always be available. We also reserve the right to change information about Digital Products, including prices, descriptions, and availability. Such changes will not affect orders we have already accepted. Unless required by law, we will not be liable for any loss, damage, cost, or expense suffered due to inaccurate Digital Product descriptions.

8. PAYMENTS

   1. Access to our Digital Products requires payment of fees ("Fees") before you can use them. All Fees for your order must be paid by their due date as notified on our website or otherwise. Failure to pay on time may result in the suspension or termination of your account access or services.

   2. We may change our Fees at our discretion from time to time. We will provide reasonable advance written notice for any changes to recurring Fees. Your continued use of our services after such notice means you accept the amended Fees. You are responsible for any applicable taxes (including goods and services tax) under these Terms.

   3. All payments must be made using the payment methods we specify. You acknowledge and agree that you are subject to the user agreement of any third-party payment methods you use. We are not liable for any failure, disruption, or error with your chosen payment method. We reserve the right to modify or discontinue any payment method temporarily or permanently at any time without notice or reason. We must receive full payment by the due date in immediately available and freely transferable funds, without any restrictions, conditions, withholdings, deductions, set-offs, or counterclaims.

9. CHARGEBACKS

You agree to contact us before raising a request for a chargeback or any dispute with your bank or card issuer regarding any purchase. If you initiate a chargeback or dispute without merit or legitimate reason (as determined by us), whether fraudulently or otherwise, we reserve the right to blacklist you by providing evidence to refute your invalid claim and/or pursue legal action.

10. REFUND POLICY

    1. It is your responsibility to understand this policy. By placing an order, you confirm that you have read and fully accept the terms of this policy. If you do not agree with or fully accept these terms, please do not place an order with us.

    2. As we provide digital products:

       1. 10.2.1.All Sales Are Final. We do not offer refunds under any circumstances.

       2. 10.2.2.No Returns or Exchanges. Returns and exchanges do not apply to digital products.

    3. Under EU and Portuguese Consumer protection law, consumers have a statutory right to return purchased goods without giving a reason within 14 days from the date of purchase. However, for digital products, this right to return expires prematurely if:

       1. 10.3.1.We have already provided you access to and delivered the digital products.

       2. 10.3.2.You knew you would lose your right to return at the time of order.

       3. 10.3.3.You confirmed you read our Terms of Service and agreed that we would deliver your digital products (by providing access) before your right to return expires.

    4. In the unlikely event of a technical error, please contact us with details and images so we can investigate and determine if a refund is owed.

11. CANCELLATION BY US

We reserve the right to cancel any accepted order at any time before delivery for any reason, such as an event beyond our control or inability to supply the Digital Products. If we cancel your order, we will contact you and refund any money you have already paid for those Digital Products. Unless required by law, we will not be liable for any loss, damage, cost, or expense suffered due to the cancellation of your order.

12. SPECIAL OFFERS, DISCOUNTS, AND PROMOTIONS

We may change, limit, or end any special offers, discounts, and promotions at any time without notice. All offers are subject to availability and may require you to accept additional terms, which are incorporated into these Terms. We may limit certain offers to one per customer (defined by email, credit card, and/or delivery address).

13. OUR RIGHT TO VARY THESE TERMS

We may revise these Terms at any time. When we do, we will keep you informed by updating the date at the top of this page to show that the Terms have been amended.

14. WARRANTY

We warrant that any Product purchased from us through our website will, upon delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all common purposes of products of that kind. We will, at our option, replace or refund the price of Products you notify us are defective. This warranty does not cover defects caused by misuse, neglect, accident, improper storage, installation, handling, frost damage, or unauthorized repair or alteration.

15. OUR LIABILITY

    1. If we fail to comply with these Terms, we are responsible for foreseeable loss or damage you suffer as a result of our breach or negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or if you and we considered it when we entered into the Contract. We only supply Products for domestic and private use. You agree not to use the product for any commercial, business, or resale purposes, and we are not liable for any loss of profit, business, business interruption, or business opportunity.

    2. We do not exclude or limit our liability for:

       1. 15.2.1.Death or personal injury caused by our negligence.

       2. 15.2.2.Any breach of legal terms related to title and quiet possession.

       3. 15.2.3.Any breach of legal terms related to satisfactory quality, fitness for purpose, and description.

       4. 15.2.4.Any breach of legal terms related to defective products.

16. COMMUNICATIONS BETWEEN US

    1. When these Terms refer to "in writing," this includes email. If you need to contact us in writing or if any clause requires you to give us written notice, you can send it by email. We will confirm receipt by contacting you in writing, usually by email. If we need to contact you or give you written notice, we will do so by email to the address you provided in your order.

    2. Any notice given by you to us, or by us to you, will be considered received and properly served immediately when posted on our website, or 24 hours after an email is sent. To prove notice was given, for a letter, it's sufficient to show it was properly addressed, stamped, and mailed; for an email, it's sufficient to show it was sent to the specified email address.

17. EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)

    1. We will not be responsible or liable for any failure or delay in performing our obligations under a Contract due to events beyond our reasonable control ("Force Majeure Event"). A Force Majeure Event includes, but is not limited to:

       1. 17.1.1.Strikes, lockouts, or other industrial action.

       2. 17.1.2.Civil commotion, riot, invasion, terrorist attack or threat, war (declared or not), or threat/preparation for war.

       3. 17.1.3.Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.

       4. 17.1.4.Impossibility of using railways, shipping, aircraft, motor transport, or other public/private transport. * Impossibility of using public or private telecommunications networks.

       5. 17.1.5.Acts, decrees, legislation, regulations, or restrictions of any government.

    2. Our performance under any Contract will be suspended for the duration of the Force Majeure Event, and we will have an extended time for performance for that period. We will make reasonable efforts to resolve the Force Majeure Event or find a solution to perform our obligations despite it.

18. INDEMNITY

You agree to protect and hold us harmless, along with our related entities, directors, officers, employees, agents, representatives, independent contractors, licensees, successors, and assigns. This covers all claims, losses, expenses, damages (including direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees resulting from or arising out of your actions, defaults, or omissions. This includes your use of our services and/or any related websites or software, or your breach of these Terms or any laws or regulations.

19. ALTERNATIVE DISPUTE RESOLUTION

The parties will first try to resolve any dispute arising from or relating to these Terms through negotiations. If negotiations do not resolve the matter within 30 days of receiving a written invitation to negotiate, the parties will try to resolve the dispute in good faith through an agreed-upon Online Alternative Dispute Resolution ("ADR") procedure. If the ADR procedure does not resolve the matter within 30 days of its initiation, or if either party refuses to participate, the dispute may be referred to arbitration by either party.

20. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations. You may only transfer your rights or obligations under these Terms to another person if we agree in writing. These Terms do not create a joint venture, partnership, agency, or employment relationship.

    2. These Terms, along with any document expressly referred to in them, constitute the entire agreement between us. Each party acknowledges that, in entering into these Terms, they do not rely on any representation, warranty, or other provision except as expressly stated in these Terms. All conditions, warranties, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

    3. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, it does not mean we have waived our rights or that you don't have to comply with those obligations. If we waive a default by you, we will only do so in writing, and it will not automatically waive any later default.

    4. Each condition of these Terms operates separately. If any court or authority finds any condition unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    5. These Terms are governed by and interpreted according to the laws of Portugal, without regard to its choice of law provisions.