Terms and Conditions

Effective Date: April 17, 2026
Last Updated: April 17, 2026

1. Acceptance of Terms

By accessing or using artofama.com (the “Site”), you agree to be bound by these Terms and Conditions (“Terms”). If you disagree with any part of these Terms, you may not access the Site or purchase products. These Terms constitute a binding legal agreement between you and Absolute Ama, doing business as Art of Ama (“we,” “us,” or “our”).

2. Overview of Services

Absolute Ama operates an e-commerce platform offering physical artwork for sale through the Site. Our technical infrastructure includes:

• Content Management: WordPress platform hosted on Hetzner servers
• E-Commerce: SureCart shopping cart and checkout functionality
• Payment Processing: Stripe, Inc.
• Shipping Fulfillment: PirateShip for label generation and carrier coordination
• Marketing and Analytics: MailPoet for email communications and Meta Pixel for advertising analytics

3. Online Store Terms

• Product Descriptions: We attempt to display artwork dimensions and specifications accurately using Imperial units (inches and pounds). However, variations in monitor calibration may affect color representation. All dimensions and weights provided are approximate.
• Availability: All sales are subject to inventory availability. We reserve the right to limit quantities or discontinue products without notice.
• Pricing: Prices are listed in U.S. dollars and exclude applicable taxes and shipping fees unless otherwise stated. Pricing errors may result in order cancellation at our discretion.

4. User Accounts

• When you create an account through our SureCart-powered system, you warrant that all registration information is accurate, current, and complete.
• You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.
• You must notify us immediately at [email protected] of any unauthorized use or security breach.
• We reserve the right to suspend or terminate accounts that violate these Terms or remain inactive for extended periods.

5. Payment and Billing

• Payment Processing: We utilize Stripe to process all credit card and payment transactions securely. By submitting payment information, you authorize Stripe and Absolute Ama to charge your selected payment method for the total order amount, including merchandise, applicable taxes, and shipping costs.
• Currency: All transactions are denominated in U.S. dollars (USD).
• Payment Authorization: You represent and warrant that you possess the legal right to use any payment instrument provided and that sufficient funds are available to cover the transaction.

6. Shipping and Delivery

• Shipping Services: We utilize PirateShip to generate shipping labels and coordinate delivery through major carriers. Risk of loss and title for purchased artwork pass to you upon delivery to the carrier.
• Shipping Estimates: Delivery dates and transit times provided at checkout are estimates only and not guaranteed. Absolute Ama is not liable for delays caused by carrier disruptions or customs processing for international orders.
• Delivery Address: You are responsible for providing accurate shipping addresses. Additional fees may apply for address corrections or reshipment due to inaccurate information.
• Inspection: You must inspect physical artwork immediately upon receipt and report shipping damage within 48 hours of delivery.

7. Returns and Refunds

• Return Eligibility: Physical artwork may be returned within 14 days of delivery if significantly not as described or damaged during transit. Items must be returned in original condition with all packaging materials.
• Custom or Commissioned Work: All custom, personalized, or commissioned artwork is final sale and non-refundable unless defective or materially non-conforming.
• Return Shipping: Return shipping costs are your responsibility unless the return is due to our error or shipping damage. We recommend using trackable shipping methods and purchasing insurance for high-value returns.
• Refund Processing: Refunds are processed to the original payment method within 5 to 7 business days of receiving returned merchandise.

8. Data Collection and Privacy

• Tracking Technologies: We employ Meta Pixel to collect data regarding your browsing behavior, purchase conversions, and interaction with our Meta advertisements (Facebook and Instagram). This enables targeted advertising and campaign measurement.
• Email Marketing: We use MailPoet to manage email lists and deliver transactional messages (order confirmations, shipping notifications) and marketing communications. You may opt out of non-transactional emails using the unsubscribe link provided in each message.
• Hosting Infrastructure: Personal data is stored and processed on servers operated by Hetzner Online GmbH, subject to appropriate data transfer safeguards for international customers.
• Privacy Compliance: Your use of the Site is governed by our Privacy Policy, which details data rights under the GDPR, CCPA, and other applicable privacy frameworks.

9. Intellectual Property Rights

• Ownership: All artwork, designs, photographs, text, and content displayed on the Site are the exclusive intellectual property of Absolute Ama or licensed artists. Such content is protected by United States and international copyright, trademark, and trade secret laws.
• Purchase Limitations: Acquisition of physical artwork conveys ownership of the tangible item only and does not transfer copyright, reproduction rights, or intellectual property interests. You may not reproduce, distribute, or create derivative works based on purchased designs without express written license.
• Trademarks: “Art of Ama,” “Absolute Ama,” and associated logos are trademarks of Absolute Ama. You may not use these marks without prior written permission.

10. Prohibited Uses

You agree not to use the Site or services to:

• Violate any applicable federal, state, local, or international laws, including California consumer protection statutes.
• Interfere with or disrupt the SureCart checkout process, Stripe payment systems, or Hetzner hosting infrastructure.
• Employ automated systems, spiders, or data mining techniques to extract product data or pricing information without authorization.
• Upload or transmit viruses, malware, or other malicious code targeting WordPress, SureCart, or related plugins.
• Engage in fraudulent transactions, payment testing, or unauthorized payment method testing.

11. Disclaimer and Limitation of Liability

• Warranty Disclaimer: The Site and all products are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose.
• Artwork Variation: As handmade or limited-edition physical artwork, natural variations in color, texture, and dimensions (measured in Imperial units) are inherent characteristics and do not constitute defects.
• Liability Cap: To the fullest extent permitted by California law, Absolute Ama shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data loss, arising from your use of the Site or purchase of artwork.
• Liability Maximum: In no event shall our total liability exceed the purchase price of the specific artwork giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Absolute Ama, its officers, directors, employees, agents, and service providers (including Hetzner, Stripe, and PirateShip) from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your use of the Site, or your violation of any third-party rights.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal action arising from these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Butte County, California, or the Eastern District of California, and you consent to the personal jurisdiction of such courts.

14. Changes to Terms

We reserve the right to revise these Terms at any time to reflect changes in our practices, technology (including updates to WordPress, SureCart, or hosting providers), or legal requirements. Material changes become effective immediately upon posting with an updated “Last Updated” date. Your continued use of the Site following such changes constitutes acceptance of the revised Terms. Significant changes affecting payment or data rights will be communicated via email or prominent Site notice.

15. Contact Information

For questions regarding these Terms, order inquiries, or legal notices:

Absolute Ama (DBA Art of Ama)
Email: [email protected]
Mailing Address:
PO BOX 4829
CHICO, CA 95928

Business Hours: 9:00 AM – 5:00 PM Pacific Time, Monday through Friday

By accessing artofama.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.