Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Sands Art Gallere.

The terms β€œwe”, β€œus” and β€œour” refer to Sands Art Gallere. We operate this website and provide art workshops, creative experiences, workshop bookings, physical products and related services.

Our online store is powered by Shopify, which enables us to provide our products and services to you.

By accessing our website, making a workshop booking, purchasing a product or using any of our services, you agree to these Terms of Service, our Refund & Rescheduling Policy and our Privacy Policy.

Please read these Terms carefully before making a purchase or booking.


1. WORKSHOP BOOKINGS

All workshop bookings are subject to availability.

A booking is only confirmed once full payment has been received.

Customers are responsible for checking the selected:

  • Workshop
  • Date
  • Time
  • Number of participants
  • Product or artwork size, where applicable

before completing payment.

Once payment has been made and the booking is confirmed, the booking is subject to our Refund & Rescheduling Policy.

Sands Art Gallere reserves the right to refuse or cancel a booking where necessary, including in situations involving incorrect pricing, technical errors, instructor availability, safety concerns or circumstances outside our reasonable control.


2. WORKSHOP REFUND & RESCHEDULING

All confirmed workshop bookings are non-refundable.

Customers may request to reschedule their workshop one time only, subject to availability and approval by Sands Art Gallere.

The rescheduled workshop must be completed within 180 days from the original booking date.

Once a booking has been rescheduled once, no further rescheduling will be allowed.

Refunds for workshops will only be provided when the workshop is cancelled by Sands Art Gallere.

If Sands Art Gallere cancels a workshop, the customer may choose either:

  • A full refund; or
  • Rescheduling to another available date.

No refunds will be provided for:

  • Change of mind
  • No-shows
  • Late arrival
  • Personal reasons
  • Travel delays
  • Failure to attend the booked session
  • Failure to complete the artwork within the allocated workshop time

3. WORKSHOP ARRIVAL & DURATION

Customers are encouraged to arrive on time for their scheduled workshop.

Workshop duration stated on our website is an estimated or allocated session duration.

Late arrival does not automatically extend the workshop finishing time.

Where additional time is required, additional charges may apply depending on the workshop and availability of the studio.

Sands Art Gallere reserves the right to end a session at the scheduled finishing time where another booking follows.


4. CHILDREN & SUPERVISION

Children participating in workshops must be appropriately supervised by a parent, guardian or responsible adult where required.

Parents and guardians are responsible for the behaviour and safety of children under their supervision while at Sands Art Gallere.

Some workshop tools, materials or equipment may require instructor supervision.

Customers must follow all safety instructions provided by Sands Art Gallere staff.


5. WORKSHOP RESULTS & HANDMADE ARTWORK

Our workshops are creative, handmade experiences.

The final result of each artwork will vary depending on:

  • Individual skill level
  • Personal technique
  • Material characteristics
  • Colour selection
  • Design complexity
  • Time spent on the artwork

Images shown on our website and social media are for reference and inspiration only.

We do not guarantee that a customer's completed artwork will be identical to any reference image, sample artwork or promotional image.


6. CUSTOM DESIGNS & REFERENCE IMAGES

Customers are responsible for ensuring that any image, logo, character, artwork or design submitted to Sands Art Gallere can legally be used for their requested workshop or project.

Sands Art Gallere may refuse designs that are unsuitable for the selected workshop, size, material or technique.

Certain detailed designs may need to be simplified to make them suitable for the selected workshop.


7. PHYSICAL PRODUCTS

We make reasonable efforts to display our products accurately.

However, colours, textures, dimensions and handmade details may appear slightly different from photographs due to screen settings, lighting, handmade production or material variation.

These small differences are not considered product defects.

Product descriptions, availability and pricing may be changed without prior notice. The existing Shopify template already provides for product descriptions and availability to change at the business's discretion.


8. PRODUCT REFUNDS & RETURNS

All physical product purchases are non-refundable and non-returnable, except where the item received is defective or damaged.

If you receive a defective or damaged product, please contact Sands Art Gallere as soon as possible and provide clear photographs or videos showing the issue.

Returns must be approved by Sands Art Gallere before the item is shipped back.

The buyer must return the defective item to Sands Art Gallere for inspection.

For approved defective or damaged product returns within Malaysia, the return shipping cost will be borne by Sands Art Gallere.

Return shipping coverage by Sands Art Gallere is available within Malaysia only.

For customers outside Malaysia, please contact us before returning any item so that we can review the situation.

A replacement or refund will only be processed after:

  1. The returned item has been received; and
  2. The defect or damage has been verified by Sands Art Gallere.

Products damaged due to misuse, improper handling, accidental damage after delivery, normal wear and tear or failure to follow care instructions are not eligible for refund or replacement.


9. ORDERS & PAYMENTS

When you place an order or make a workshop booking, you are making an offer to purchase.

Sands Art Gallere reserves the right to accept, decline or cancel an order where reasonably necessary.

Your order or booking is not confirmed until payment has been successfully received and confirmation has been issued.

Customers are responsible for providing accurate:

  • Name
  • Email address
  • Contact number
  • Billing information
  • Shipping information
  • Booking details

Please review all information carefully before submitting your order.

Your current Shopify terms already state that orders are subject to acceptance and payment must be processed before the order is accepted.


10. PRICES

All prices displayed are subject to change without prior notice.

The price charged will be the price shown at the time the customer completes the purchase or booking.

Promotional prices, discount codes and special offers may be subject to separate conditions.

Unless otherwise stated, promotional offers cannot be combined.

Additional charges may apply for optional upgrades, additional materials, additional workshop time, delivery or special requests.


11. SHIPPING & DELIVERY

Delivery times are estimates only and are not guaranteed.

Sands Art Gallere is not responsible for delivery delays caused by:

  • Courier companies
  • Customs
  • Weather
  • Incorrect customer information
  • Public holidays
  • Events beyond our reasonable control

Customers are responsible for providing a complete and accurate shipping address.

The current Shopify template similarly states that delivery times are estimates and delays caused by carriers or events outside the business's control are not guaranteed.


12. PERSONAL BELONGINGS

Customers are responsible for their own belongings while visiting Sands Art Gallere.

Sands Art Gallere is not responsible for lost, misplaced, stolen or damaged personal belongings, except where liability cannot legally be excluded.


13. DAMAGE TO STUDIO PROPERTY

Customers are expected to use studio equipment, materials, furniture and facilities responsibly.

Sands Art Gallere reserves the right to charge for intentional or negligent damage to studio property, equipment or materials.


14. PHOTOGRAPHY & SOCIAL MEDIA

Sands Art Gallere may occasionally take photographs or videos during workshops for marketing and social media purposes.

Where identifiable customers are featured prominently, we will seek permission where reasonably appropriate.

Customers who do not wish to appear in photographs or videos should inform our team before or during the workshop.


15. INTELLECTUAL PROPERTY

All original content belonging to Sands Art Gallere, including our:

  • Website content
  • Branding
  • Logos
  • Photographs
  • Videos
  • Workshop materials
  • Original designs
  • Written content

is owned by Sands Art Gallere or used with permission and may not be copied, reproduced, distributed or commercially used without our prior written permission.

Your existing Shopify template also protects Sands Art Gallere's website content, branding and materials from unauthorised use.


16. THIRD-PARTY SERVICES

Our website may use third-party providers including Shopify, payment providers, analytics services, social media platforms and delivery providers.

These third parties may have their own terms and privacy policies.

Sands Art Gallere is not responsible for services provided independently by third-party providers.


17. PRIVACY

Personal information collected through our website will be handled in accordance with our Privacy Policy.

Because our website is powered by Shopify, certain information may also be processed by Shopify and other service providers necessary to operate our online store.


18. WEBSITE INFORMATION

We make reasonable efforts to ensure that information displayed on our website is accurate.

However, errors may occasionally occur relating to:

  • Prices
  • Workshop dates
  • Product descriptions
  • Availability
  • Promotions
  • Shipping charges

Sands Art Gallere reserves the right to correct errors or update information where necessary. Your existing Terms already contain a similar provision covering typographical errors, pricing and availability inaccuracies.


19. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Sands Art Gallere shall not be liable for indirect, incidental, special or consequential loss resulting from the use of our website, workshops, products or services.

Nothing in these Terms excludes any rights or liabilities that cannot legally be excluded under applicable Malaysian law.


20. GOVERNING LAW

These Terms of Service shall be governed by and interpreted in accordance with the laws of Malaysia.

Any dispute relating to these Terms, our products, workshops or services shall be subject to the jurisdiction of the courts of Malaysia.

I recommend changing this because your existing Shopify template currently uses a generic clause referring to the jurisdiction where Sands Art Gallere is headquartered rather than expressly stating Malaysia.


21. CHANGES TO THESE TERMS

Sands Art Gallere reserves the right to update these Terms of Service from time to time.

The latest version will be published on our website.

Continued use of our website or services after changes are published constitutes acceptance of the updated Terms.


22. CONTACT INFORMATION

For questions regarding bookings, orders, returns or these Terms of Service, please contact:

Sands Art Gallere
Email: sands.artgallere@gmail.com